APPELLATE COURT OPINIONS

The Defendant, James R. Baysinger, pleaded guilty to reckless homicide, a Class D felony. See T.C.A. § 39-13-215 (2018). Pursuant to the plea agreement, the trial court was to determine the length and the manner of service. The trial court sentenced the Defendant to two years and ordered him to serve five months, followed by four years’ probation. On appeal, the Defendant contends that the court erred by denying his requests for judicial diversion and full probation. We reverse the judgment of the trial court and remand the case to the trial court for a new sentencing hearing.

The defendant, William Kevin Kennedy, appeals the revocation of the sentence of probation imposed for his 2016 Sullivan County Criminal Court convictions of solicitation of a minor and attempted aggravated sexual battery, claiming that he was deprived of the effective assistance of counsel at the revocation hearing. Because the interests of justice do not require the waiver of the timely filing of the notice of appeal in this case, the appeal is dismissed as untimely.

The defendant, Howard Hose Horton III, entered open pleas to one count of aggravated assault and one count of felony vandalism, and the trial court sentenced the defendant to an effective sentence of eight years’ incarceration in the Tennessee Department of Correction. On appeal, the defendant argues the sentence imposed by the trial court was excessive. After reviewing the record and considering the applicable law, we affirm the judgments of the trial court.

The defendant, Reuben Eugene Mitchell, was convicted of one count of arson and one count of presenting a false or fraudulent insurance claim.  The Court of Criminal Appeals affirmed the defendant’s arson conviction but reversed his conviction for presenting a false or fraudulent insurance claim.  We granted the State’s application to appeal to address whether the proof at trial was sufficient to support the defendant’s conviction for presenting a false or fraudulent insurance claim.  Our review leads us to conclude that the evidence was sufficient.  Accordingly, we reverse in part the judgment of the Court of Criminal Appeals and reinstate the defendant’s conviction for presenting a false or fraudulent insurance claim. 

The defendant, Matthew Douglas Nattress, appeals the order of the trial court revoking his probation and ordering him to serve his original ten-year sentence in confinement. Upon review of the record, we conclude the trial court did not abuse its discretion in finding the defendant violated the terms of his probation, and the imposed sentence is proper. Accordingly, the judgment of the trial court is affirmed.

The defendant, Robbie Joe Kilgore, appeals the order of the trial court revoking his probation and ordering him to serve his original three-year sentence in confinement. Upon review of the record, we conclude the trial court did not abuse its discretion in finding the defendant violated the terms of his probation, and the imposed sentence is proper. Accordingly, the judgment of the trial court is affirmed.

This appeal arises from a lawsuit over a car accident. Heather P. Hogrobrooks Harris (“Plaintiff”), proceeding pro se, sued Jimmie L. Smith (“Defendant”) in the Circuit Court for Shelby County (“the Trial Court”) for diminution in the value of her vehicle, medical expenses, pain and suffering, loss of use of her vehicle, and negligent infliction of emotional distress. On several occasions over the course of the case, Plaintiff failed to show up to court. When Plaintiff failed to appear for trial, the Trial Court granted a continuance with a warning that, should Plaintiff fail to appear again, her case would be dismissed. Plaintiff subsequently failed to appear, and the Trial Court dismissed her case with prejudice for lack of prosecution, as it warned it would. Plaintiff appeals to this Court, arguing among other things, that the Trial Court Judge was biased against her and that the Trial Court erred in dismissing her case. First, we find no evidence whatsoever that the Trial Court Judge was biased against Plaintiff. Second, Plaintiff’s stated reasons for failing to show up for trial, that it was cold and rainy that day and her car was old and unreliable, respectfully will not suffice. We find no abuse of discretion in the Trial Court’s dismissal of Plaintiff’s case for lack of prosecution. We affirm the judgment of the Trial Court.

In this post-divorce matter, the mother appeals the award of attorney fees to the father, who prevailed in his opposition to the mother’s request to relocate out of state. The mother gave notice to the father that she wanted to move to Arizona while the parties’ competing petitions to modify the parenting plan were pending. The trial court denied the mother’s request to relocate and awarded attorney fees to the father as the prevailing party in the relocation matter. As for the petitions to modify the parenting plan, the court ruled that the mother was the prevailing party and awarded to the mother the attorney fees she incurred in the modification matter. The mother appeals contending she should have been awarded fees in both matters as the “overall” prevailing party. Alternatively, the mother contends the trial court erred by awarding the father attorney fees solely on the basis he was the prevailing party in the relocation matter. Having found the trial court identified and properly applied the most applicable legal principles and that the award of attorney fees to the father was within the range of acceptable alternative dispositions, we affirm.

A Knox County jury convicted the Defendant, Reginald Bernard Wilson, of resisting arrest, and the trial court sentenced the Defendant to ninety days of unsupervised probation. On appeal, the Defendant asserts that the trial court erred when it denied his request for a jury instruction on self-defense and that the evidence is insufficient to support his conviction for resisting arrest. After review, we conclude that the trial court erred when it failed to instruct the jury as to self-defense. We, therefore, reverse the judgment of conviction and remand for a new trial.

The Appellant filed suit complaining that the Department of Children’s Services denied him an administrative hearing concerning the determination that he was a child abuser. The trial court ultimately dismissed the Appellant’s petition for review, noting that there had already been a prior judicial determination, by clear and convincing evidence, that the Appellant had committed severe child abuse. We affirm.

Tenant appeals the dismissal of his appeal from general sessions court for failure to post a bond constituting one year’s rent. Because the posting of a bond constituting one year’s rent is non-jurisdictional, we reverse.

Defendants appeal the trial court’s denial of its motion for relief from a default judgment. In support of its motion, defendants raised three grounds: (1) that the judgment was void due to improper service of process; (2) that the judgment was void due to improper notice related to the motion for default judgment; and (3) the judgment should be set aside due to mistake, inadvertence, surprise or excusable neglect. A thorough review of the record indicates that the trial court exercised its independent judgment to adjudicate only the first of the three grounds alleged. As such, we vacate the denial of the motion and remand for consideration of the remaining grounds.

The Petitioner, Billy Anglin, appeals from the Williamson County Circuit Court’s denial of his petition for post-conviction relief from his convictions for first degree murder, attempted first degree murder, aggravated assault, and reckless endangerment, for which he is serving an effective sentence of life plus twenty-five years. On appeal, the Petitioner contends that the post-conviction court erred in denying relief on his ineffective assistance of counsel and due process claims. We affirm the judgment of the post-conviction court.

The Petitioner, Justin C. Howell, appeals the Williamson County Circuit Court’s denial of his petition for post-conviction relief, arguing he received ineffective assistance of counsel. After review, we affirm the denial of the petition.

The Petitioner, Voltaire Younger, appeals the post-conviction court’s denial of his petition for post-conviction relief in which he challenged his guilty pleas to the possession of heroin with the intent to deliver and possession of a firearm during the commission of a dangerous felony.  The Petitioner received an effective sentence of fifteen years.  On appeal, the Petitioner alleges that he received ineffective assistance of counsel and that his guilty pleas were not voluntarily entered.  After a review of the record and applicable law, we affirm the judgment of the post-conviction court. 

Employee filed a motion asking the trial court to require Employer to provide additional treatment for a work-related injury she suffered in March 2007. The trial court granted Employee’s motion and denied Employer’s motion to appoint a neutral physician. Employer’s appeal has been referred to this Special Workers’ Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law. Tenn. Sup. Ct. R. 51, '1.  After reviewing the evidence in the record and the parties’ arguments, we affirm the trial court’s judgment.    

This is a consolidated appeal concerning the trial court’s dismissal of two orders of protection in this domestic relations action.  We affirm. 

In this premises liability case, Mr. Priestas, an independent contractor, filed suit against Appellees, the owner/landlord and lessee of a convenience store, seeking damages for injuries he sustained during an attempted robbery at the store. The trial court granted Appellees’ motion for summary judgment, finding that: (1) the lessee did not breach its duty because: (a) Mr. Priestas was an independent contractor; (b) he was aware of the danger at the store; and (c) he was warned that the store had been robbed on several occasions; and (2) the owner/landlord was not liable because of the general rule of non-liability of a landlord for harm caused to a third party on leased premises. Discerning no error, we affirm.

The plaintiff sued the defendant for negligence after he was injured in a construction accident on the defendant’s property. The defendant claimed that he was not the employer of the plaintiff. Following a trial, the jury returned a verdict in favor of the defendant and awarded the plaintiff no damages. The plaintiff appeals. We reverse the jury’s verdict only as to damages.

A Shelby County jury convicted the Defendant, Robert Beham, as charged of rape of a child and aggravated sexual battery, and the trial court imposed an effective sentence of forty years at one hundred percent. On appeal, the Defendant argues (1) the trial court erred in denying his motion for judgment of acquittal and the evidence is insufficient to sustain his convictions, and (2) the trial court abused its discretion in applying the enhancement factor regarding his history of criminal behavior. We affirm the judgments of the trial court.

In this declaratory judgment action involving neighboring landowners in a residential development, the trial court determined that the restrictive covenants applicable to the development would prevent the defendant from constructing a commercial business on his property. The trial court accordingly entered an injunction preventing the defendant from constructing a business on his real property. The defendant has appealed. Discerning no reversible error, we affirm.

In this post-divorce custody action, the mother filed a motion seeking to modify the permanent parenting plan to designate her the primary residential parent. During trial, the parents requested that the Trial Court modify the residential parenting schedule. Following trial, the Trial Court entered an order denying the mother’s request to be designated primary residential parent but granting the parties’ request to modify the parenting schedule. Most of the Trial Court’s order consisted of its detailed recitation of the testimony presented during trial, without finding which testimony was credible or otherwise making sufficient findings of fact regarding the evidence presented to support its ruling as to changing the primary residential parent. As such, we find and hold that the March 9, 2018 order does not comply with Tennessee Rule of Civil Procedure 52.01 by including sufficient findings of fact concerning the mother’s motion to modify the permanent parenting plan to designate her the primary residential parent. We, therefore, vacate that portion of the Trial Court’s judgment and remand for the Trial Court to make sufficient findings of fact and conclusions of law in compliance with Tennessee Rule of Civil Procedure 52.01. Because the Trial Court did make sufficient findings of fact as to the parenting schedule and it was not raised as an issue on appeal, the Trial Court’s judgment regarding modification of the residential parenting schedule is affirmed.

The Petitioner, Lonnie Lee Angel, Jr., appeals the Bledsoe County Circuit Court’s denial of his petition for post-conviction relief from his 2011 conviction for second degree murder and his twenty-three-year sentence. The Petitioner contends that (1) he received the ineffective assistance of trial counsel and (2) the post-conviction court erred by prohibiting him from compelling the attendance of witnesses by subpoenas at the evidentiary hearing. We affirm the judgment of the post-conviction court.