Knight vs. Knight
01A01-9710-CV-00609
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Court of Criminal Appeals | |||
In Re Zoey O. Et Al.
E2022-00500-COA-R3-PT
Mother appeals the trial court’s termination of her parental rights as to her two oldest
Authoring Judge: Judge Jeffrey Usman
Originating Judge:Judge Timothy E. Irwin |
Court of Appeals | |||
Jaselyn Grant v. State of Tennessee
W2022-01453-CCA-R3-PC
The petitioner, Jaselyn Grant, appeals the denial of her petition for post-conviction relief,
Authoring Judge: Judge James Curwood Witt, Jr.
Originating Judge:Judge Chris Craft |
Shelby County | Court of Criminal Appeals | ||
Mother appeals the trial court’s termination of her parental rights. She argues that the trial court erred in holding that clear and convincing evidence established that she engaged in conduct exhibiting a wanton disregard for the welfare of the child prior to her incarceration and that termination was in the child’s best interest. We have determined that there is clear and convincing evidence in the record to support both of the trial court’s findings. We affirm. |
Crockett County | Court of Appeals | ||
Kristina Cole v. State of Tennessee
W2022-01245-CCA-R3-PC
Petitioner, Kristina Cole, appeals the denial of post-conviction relief from her Shelby
Authoring Judge: Judge Robert L. Holloway, Jr.
Originating Judge:Judge J. Robert Carter, Jr. |
Shelby County | Court of Criminal Appeals | ||
The petitioner, Denver Joe McMath, Jr., appeals the denial of his post-conviction petition, arguing the post-conviction court erred in finding he received effective assistance of counsel at trial and on appeal. After our review of the record, briefs, and applicable law, we affirm the denial of the petition. |
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Tamara E. Lowe, Administrator of the Estate of Terry Allen Lowe, Deceased, v. Gransville Simpson, and wife, Judy Simpson
X2010-0000-XX-X00-XX
This is a wrongful death action. On April 28, 1998, Cynthia Low Armes ("Sister"), the sister of the late Terry Allen Lowe ("decedent"), instituted this action against Granville Simpson ("Granville") and his wife, Judy Simpson ("Judy"), (collectively, "the Simpsons"), alleging that the Simpsons were negligent in allowing three men, including Granville, to go armed on the Simpson's premises on December 10, 1995, and that their negligence directly contributed to the shooting death of the decedent. The trial court granted the Simpsons summary judgment on the ground that the complain was not filed within the applicable one-year statute of limitations. Sister appeals, raising the following issue for our consideration: Did the trial court err in holding that Sister was aware of the injury and the cause of action on December 10, 1995, and therefore her action was barred by the statute of limitations?
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Judge Russell E. Simmons, Jr. |
Morgan County | Court of Appeals | ||
In Re Klowii W., Et Al.
E2022-01789-COA-R3-PT
This is a parental rights termination case. The Tennessee Department of Children’s
Authoring Judge: Judge D. Michael Swiney, C.J.
Originating Judge:Judge Timothy E. Irwin |
Knox County | Court of Appeals | ||
Steven Totty v. The Tennessee Department of Correction and the State of Tennessee
01A01-9504-CV-00139
This appeal involves a state prisoner’s efforts to enforce a plea bargain agreement. The prisoner filed a petition for a common-law writ of certiorari in theCircuit Court for Davidson County after the Department of Correction refused to release him in accordance with his understanding of the agreement. The trial court granted the department’s motion to dismiss for lack of subject matter jurisdiction, and the prisoner has appealed. We affirm the dismissal of the petition because it fails to state a claim upon which relief pursuant to a common-law writ of certiorari can be granted.1
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Judge Walter C. Kurtz |
Davidson County | Court of Appeals | ||
M2001-01866-CCA-R3-DD
M2001-01866-CCA-R3-DD
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Supreme Court | |||
Cedric Dickerson (“the Petitioner”) was convicted by a jury of first degree felony murder and aggravated robbery. The trial court sentenced the Petitioner to life without the possibility of parole for his first degree felony murder conviction and eleven years for his aggravated robbery conviction and ordered the sentences to run concurrently. On direct appeal, this Court affirmed the trial court’s judgments. See State v. Cedric Dickerson, No. 02C01-9802-CR-00051, 1999 WL 74213, at *4 (Tenn. Crim. App. Feb. 17, 1999). The Petitioner subsequently filed for post-conviction relief, which the post-conviction court denied following a post-conviction hearing. The Petitioner now appeals, arguing that “the Eighth Amendment should prohibit life without parole sentences for juvenile offenders.” Upon our thorough review of the record and the applicable law, we affirm the post-conviction court’s decision denying relief. |
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Sarah Berl v. Thomas Berl
M2023-00558-COA-R3-CV
This appeal stems from a post-divorce custody modification in which the father sought increased parenting time with his minor daughter, I.B. The trial court agreed with the father that a material change in circumstances had occurred and that a modification of the father’s parenting time was warranted. The trial court also awarded the father $15,000.00, or roughly half, of his attorney’s fees incurred in the trial court proceedings. The mother appeals the trial court’s decision. Because the father was, for the most part, the prevailing party at trial and proceeded in good faith, the trial court did not abuse its discretion in awarding the father a portion of his attorney’s fees. We affirm the trial court’s ruling as to attorney’s fees. However, we vacate the portion of the trial court’s final judgment placing a price cap on the minor child’s therapy fees. Consequently, the trial court’s judgment is affirmed as modified. Finally, we decline to award either party their attorney’s fees incurred on appeal.
Authoring Judge: Judge Kristi M. Davis
Originating Judge:Judge Deanna B. Johnson |
Williamson County | Court of Appeals | ||
John Doe v. Jane Doe
M2003-01142-SC-S25-BP
The petitioner, an attorney identified as John Doe, filed a petition for contempt alleging violations by the respondent, an attorney identified as Jane Doe, of the confidentiality requirement of Rule 9, section 25 of the Rules of the Tennessee Supreme Court. The Court directed the parties to address as a threshold matter the constitutionality of Rule 9, section 25. After considering the arguments of the parties, the Attorney General and amicus curiae, and analyzing the applicable law, we hold that section 25 of Rule 9 violates free speech protections of Article I, section 19 of the Tennessee Constitution and the First Amendment to the United States Constitution. We further conclude that sanctions for criminal contempt are not appropriate under the circumstances of this case. Accordingly, the petition for contempt is denied.
Authoring Judge: Justice William M. Barker
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Jackson County | Supreme Court | ||
This is a conservatorship case. Appellee hospital filed a petition for appointment of an expedited limited healthcare fiduciary for the Appellant patient because the hospital believed that Appellant could not be safely discharged without assistance. The trial court determined that the appointment of a limited healthcare fiduciary was appropriate and in the Appellant’s best interest. The trial court then granted Appellee’s motion to amend its petition to include the appointment of a conservator. The trial court found that Appellant is an individual with disabilities, and further found that it is in the Appellant’s best interest to have a conservator appointed. Appellant appeals. Discerning no error, we affirm and remand. |
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Dorothy Owens, as Conservator of Mary Francis King, et al. v. National Health Corporation, et al.
M2005-01272-SC-R11-CV
Authoring Judge: Justice Janice M. Holder
Originating Judge:Robert E. Corlew, III |
Rutherford County | Supreme Court | ||
Cybill Shepherd v. Weather Shield Manufacturing, Inc.
W1999-00508-COA-R3-CV
The plaintiff brought suit against a manufacturer of windows and doors for allegedly supplying defective products which allowed substantial leaks into her dwelling and caused rotting because of excessive moisture. Following a nonjury trial, the trial court denied the plaintiff's claim pursuant to the Tennessee Consumer Protection Act but awarded judgment to the plaintiff on her claim that the defendant supplied defective doors and windows. Based upon our review, we affirm the trial court's denial of the Tennessee Consumer Protection Act claim. Finding that the plaintiff did not provide notice to the defendant of its allegedly defective product within the applicable statute of limitations, we reverse the award of damages to the plaintiff and dismiss her complaint.
Authoring Judge: Special Judge Alan E. Glenn
Originating Judge:Chancellor Walter L. Evans |
Shelby County | Court of Appeals | ||
State of Tennessee v. Gussie Willis Vann - Dissenting
03S01-9706-CR-00068
I agree with the majority’s resolution of every issue in this case but one: the effect of the trial court’s failure to instruct the jury on second-degree murder. The majority concludes that the trial court’s failure to instruct the jury on the offense of second-degree murder is not error because the evidence in the record does not support that offense. Because I find the evidence can indeed support a conviction of seconddegree murder, I respectfully dissent.
Authoring Judge: Justice Adolpho A. Birch, Jr.
Originating Judge:Judge R. Steven Bebb |
McMinn County | Supreme Court | ||
David John Erdly v. Janene Marie Erdly - Concurring
01A01-9706-CH-00269
The plaintiff, David John Erdly, has appealed from the judgment of the Trial Court dismissing his suit for divorce, dividing the marital estate, awarding plaintiff child custody and support and awarding the defendant, Janene Marie Erdly, alimony for the remainder of her life. Originating Judge:H. Denmark Bell |
Williamson County | Court of Appeals | ||
01C01-9508-CC-00257
01C01-9508-CC-00257
Originating Judge:J. S. Daniel |
Rutherford County | Court of Criminal Appeals | ||
James Gant v. Kenneth Broadway, County Executive and Chmn of the Decatur County Commission, et al.
02A01-9701-CH-00007
Petitioner, James Edward Gant, appeals the judgment of the chancery court denying his application for a beer permit.
Authoring Judge: Presiding Judge W. Frank Crawford
Originating Judge:Chancellor J. Walton West |
Decatur County | Court of Appeals | ||
Deborah Lorraine Brooks v. Rickey Lamar Brooks - Dissenting
03S01-9804-CV-00034
It is apparent that this Court has based its finding that Mr. Brooks is willfully and voluntarily underemployed simply on the fact that he, at one time, was more lucratively employed. Simply because a parent is not as lucratively employed as during the marriage, or for a time thereafter, no automatic inference that he or she is willfully and voluntarily underemployed should be drawn. We must remain cognizant of a parent’s right as a citizen to the pursuit of happiness and to the freedom to make reasonable employment decisions, while at the same time heeding the duty to support.
Authoring Judge: Justice Adolpho A. Birch, Jr.
Originating Judge:Judge Earle G. Murphy |
Knox County | Supreme Court | ||
01C01-9606-CR-00230
01C01-9606-CR-00230
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Supreme Court |