APPELLATE COURT OPINIONS

Owner of real property conveyed, by quitclaim deed, an interest to herself and her son as joint tenants, with the right of survivorship. Owner then conveyed her interest to her grandson by quitclaim deed a year later. In the deed to her grandson, Owner expressly referenced the earlier deed to her son, the grandson’s father. After Owner died, the son filed a declaratory judgment in which he asked the court to rule that he owns the property in fee simple. The son filed a motion for summary judgment, which the trial court granted. The grandson appealed the trial court’s judgment. We affirm. Owner transferred her right of survivorship to her grandson; but this right would come into play only if her son predeceased her. Because Owner died first, the son exercised his right of survivorship and became the sole owner in fee of the property.
 

Defendant, John Frank Mullins, pled guilty to theft of property valued over $1000 and was sentenced to eight years on Community Corrections. After a hearing, the trial court found that Defendant violated the terms of his Community Corrections sentence, revoked the Community Corrections sentence, and ordered Defendant to serve the remainder of his sentence in incarceration. On appeal, we affirm the decision of the trial court.

The defendants, Jeremy Sims and Sherry Brookshire, appeal their Shelby County Criminal Court jury convictions of kidnapping and aggravated robbery. Defendant Sims claims that the trial court abused its discretion by denying his motion for severance, the trial court erred by admitting certain witness testimony, the evidence was insufficient to sustain his conviction of aggravated robbery, the trial court erred by giving certain instructions to and communicating ex parte with the jury, the trial court erred by denying his post-trial motion for a mistrial and severance of defendants on the basis of Defendant Brookshire's incompetence to stand trial, and the cumulative effect of these errors prevented him from receiving a fair trial. Defendant Brookshire also challenges the trial court's denial of the motion to sever, the admission of certain evidence, the sufficiency of the evidence pertaining to the conviction of aggravated robbery, the trial court's instructions to the jury, and the trial court's finding that she was competent to stand trial. Discerning no error, we affirm.

The Appellant, Maurice Montonio Dotson, Jr., pled guilty in the Madison County Circuit Court to possession of marijuana with the intent to sell or deliver, possession of a firearm during a dangerous felony, possession of drug paraphernalia, and theft of property valued under five hundred dollars. The trial court imposed a total effective sentence of eleven years. On appeal, the Appellant challenges the sentence imposed for possession of a firearm during a dangerous felony conviction. Upon review, we affirm the judgments of the trial court.

The Defendant, John Brandon Gold, pleaded guilty to violating the sex offender registry, a Class E felony.  The trial court sentenced the Defendant, a Range II persistent offender, to five years plus ninety days, to be served at 45%.  The trial court denied the Defendant an alternative sentence.  On appeal, the Defendant contends that his sentence is excessive.  After a thorough review of the record and applicable authorities, we affirm the trial court’s judgment.

The Petitioner, Taurys Hall, filed a petition for post-conviction relief in the Shelby County Criminal Court. The post-conviction court dismissed the petition as untimely, and the Petitioner challenges this ruling on appeal. Upon review, we affirm the judgment of the post-conviction court.

I respectfully concur in results only. I do so because the majority opinion, in the section discussing Defendant Sims’ severance issue, fails to address the admissibility of Defendant Sims’ unredacted statement pursuant to the “rule of completeness.” Tenn. R. Evid. 106. As noted in the majority opinion, the trial court considered the rule of completeness in its decision to admit the evidence. The majority opinion, in my view, implies that Defendant Sims’ unredacted statement was inadmissible under any circumstances in this particular case.

The defendant, Alvin Stewart, was convicted by a Shelby County Criminal Court jury of aggravated rape, a Class A felony, aggravated assault, a Class C felony, and domestic assault, a Class A misdemeanor. The trial court merged the domestic assault conviction into the aggravated assault conviction and sentenced the defendant to twenty years at 100% for the aggravated rape conviction and to six years at 30% for the aggravated assault conviction, to be served concurrently. On appeal, he argues that the evidence is insufficient to sustain his convictions. After review, we affirm the judgments of the trial court.

This case involves an agreement among most of the heirs of Vida Mae McCartt (Decedent) regarding the distribution of the assets of her estate. After Decedent’s will was admitted to probate, five of her grandchildren filed an action to contest its validity. Following mediation, the grandchildren and Decedent’s three living children entered into a settlement agreement, which the trial court approved and incorporated into an agreed order distributing the assets of the estate. Thereafter, Sara Shannon Armes, the daughter of Decedent’s deceased son, J.D. McCartt, Sr., brought this action alleging that she was entitled to a share of the estate under the terms of the agreed order. Armes, who was not a party to the settlement agreement, also alleged that her siblings perpetrated a fraud by representing to the court that J.D. McCartt, Sr. had only three children and heirs at law when he actually had four, including Armes. The trial court granted the defendants’ Tenn. R. Civ. P. 12.02(6) motion to dismiss for failure to state a claim upon which relief could be granted. We vacate the judgment of the trial court and remand for further proceedings.

Petitioner, Craig O. Majors, appeals after the Johnson County Criminal Court dismissed his pro se petition for habeas corpus relief without a hearing. After a review of the record and authorities, we affirm the dismissal of the petition because Petitioner failed to show that his convictions were void or that his sentence had expired.

A Shelby County Criminal Court Jury convicted the appellant, Joe Jackson, of aggravated assault and reckless endangerment. The trial court imposed a total effective sentence of fourteen years. On appeal, the appellant contends that the evidence was insufficient to sustain his conviction of aggravated assault. Upon review, we affirm the judgments of the trial court.

The plaintiff, Jodi Lynn Jenkins (“Wife”), filed this divorce action against the defendant, Steven Louis Jenkins (“Husband”), on March 20, 2014. Prior to trial, the parties reached an agreement regarding certain issues, including an equitable division of their marital property, a permanent parenting plan, and child support. The trial court conducted a hearing on September 10, 2014, regarding the remaining issues of alimony and attorney's fees. Following the hearing, the trial court entered an order awarding Wife alimony in futuro in the amount of $3,500 per month until Husband's child support obligation terminated and $4,500 per month thereafter. The court also awarded Wife $5,000 in attorney's fees.1 Husband timely appealed. Discerning no error, we affirm the trial court's judgment. We remand this action to the trial court for a determination regarding the issue of a reasonable award of attorney's fees to Wife incurred in defending this appeal.

The Petitioner, Christopher Hubbard, appeals the Shelby County Criminal Court‘s denial of his petition for post-conviction relief from his convictions of aggravated kidnapping and aggravated assault and resulting effective sentence of life without the possibility of parole as a repeat violent offender. On appeal, the Petitioner contends that he received the ineffective assistance of counsel because trial counsel failed to call a favorable witness to testify, that the trial court erred by ruling that the charges of especially aggravated kidnapping and aggravated assault did not violate double jeopardy principles, and that he received the ineffective assistance of counsel because trial and appellate counsel failed to raise the double jeopardy issue. Based upon the oral arguments, the record, and the parties‘ briefs, we affirm the judgment of the post-conviction court.

In this parental termination case, A.J.S.P. (Mother) appeals the termination of her rights to her minor son, E.T.P. (the Child). After the Child was placed in state custody and adjudicated dependent and neglected, custody was awarded to a non-relative. Subsequently, physical custody was returned to the Department of Children’s Services (DCS). At that time, both parents were incarcerated. As to Mother, DCS filed a petition to terminate her rights to the child based on her wanton disregard for the Child’s welfare. After a trial, the court granted the petition based on its findings, said to be made by clear and convincing evidence, that (1) grounds for termination exist and (2) termination is in the best interest of the Child. On appeal, Mother challenges only the court’s best interest determination. We affirm.

This interlocutory appeal involves a health care liability action. The plaintiffs, Margie Hunt and husband, Rickey Hunt, claim that Mrs. Hunt suffered injuries proximately caused by the conduct of the defendants with respect to two surgeries. Prior to filing their complaint, the plaintiffs gave timely written notice of their claim to potential defendants. See Tenn. Code Ann. § 29-26-121(c) (Supp. 2013). Each of the three defendants moved to dismiss the complaint. Their separate motions were predicated on their assertion that the plaintiffs' pre-suit notice failed to comply with the requirements of Tenn. Code Ann. § 29-26-121, part of the Tennessee's Health Care Liability Act. Specifically, the defendants argue that the plaintiffs failed to provide a HIPAA-compliant medical authorization with their pre-suit notice. They also contend that the plaintiffs failed to attach to the complaint the medical authorization and also the pre-suit notice served upon the defendants. The defendant Dr. Nitin J. Rangnekar also relies upon the ground of insufficiency of service of process. The trial court denied each defendant's motion. On the defendants' further motions, the court granted them permission to pursue an interlocutory appeal pursuant to the provisions of Tenn. R. App. P. 9. We likewise granted the defendants permission to file a Rule 9 appeal. We affirm the judgment of the trial court.

In 2009, James Goins & Carpenter, P.C. (JGC) leased office space from 817 Partnership (817). JGC later decided to expand its law practice. It leased additional space in the same building from 817. Thereafter, a bank that had occupied the ground floor of the building moved out. Beginning in February 2011, Stuart F. James, an attorney with JGC, began raising concerns about security in the building. Over the course of the next few months, Mr. James repeatedly emailed 817's representatives about security, the heating and air conditioning system, JGC's financial problems, the need for a rent reduction, and a host of other issues. These emails eventually stopped; but in March 2013, Mr. James responded to a notice from 817 that JGC had missed rent payments. At that point, JGC's security issues resurfaced in a series of emails Mr. James sent from March to May of 2013. Ultimately, Mr. James informed 817 that JGC was dissolving and would be vacating the premises well before its lease expired. As a result, 817 filed a detainer action in general sessions court against JGC and Mr. James (collectively the Defendants). The general sessions court granted 817 a judgment. The Defendants filed a “motion to reconsider,” which was denied.

Petitioner, Malik Jones, entered guilty pleas in three separate cases, resulting in a total effective sentence of thirty-one years. Petitioner then sought post-conviction relief on the basis of an involuntary guilty plea and ineffective assistance of counsel. After a hearing, the post-conviction court denied relief. Because Petitioner has failed to provide clear and convincing evidence that he received ineffective assistance of counsel or that his plea was involuntary, we affirm the judgment of the post-conviction court.

Petitioner, Robert E. Boling, appeals the denial of his petition for post-conviction relief, arguing that the post-conviction court erred in concluding that he failed to prove that he received ineffective assistance from his trial counsel. Based upon a thorough review of the record and the applicable law, the decision of the post-conviction court is affirmed.

Plaintiff/Appellant appeals the trial court's dismissal of his complaint on the ground that it was barred by the doctrine of res judicata. Specifically, Appellant argues that a prior dismissal on the basis of the expiration of the statute of limitations was not an adjudication on the merits. Because dismissals on statute of limitations grounds generally operate as adjudications on the merits, we affirm.

Plaintiff filed a health care liability action against defendant doctor but did not file the certificate of good faith required by Tenn. Code Ann. § 29-16-122. Defendant filed a motion to dismiss; the motion was granted by the trial court. Plaintiff appeals the dismissal of her complaint. Finding no error, we affirm. 

A Williamson County jury convicted the Defendant, Lecarvis Marquis Miller, of reckless aggravated assault and simple assault.  The trial court merged the convictions and sentenced the Defendant to serve ten years as a Range III, persistent offender.  On appeal, the Defendant asserts that the trial court erred when it failed to give the jury a supplemental unanimity instruction.  After a thorough review of the record and applicable law, we affirm the trial court’s judgment.

Robert George Russell, Jr., a Knoxville Fire Department captain, brought this action challenging the decision of Fire Chief Stan Sharp to promote others to the position of assistant fire chief. In 2013, Chief Sharp selected three fire officers to fill vacancies in the position of assistant chief. Russell filed an employment grievance with the Civil Service Merit Board (the CSMB or the Board), alleging that, in making his selections, Chief Sharp violated the applicable rules and regulations when he used, among other things, a mathematical formula that had not been approved by the Board. Russell also asserted that Chief Sharp violated the rules by not considering his ranking, according to the eligibility roster listing of the candidates eligible for promotion. The Board's administrative hearing officer denied the grievance, and the trial court affirmed. We hold that Chief Sharp did not violate the Board's rules and regulations and did not act arbitrarily or capriciously in exercising his discretion to make promotions. We affirm the trial court's judgment.

In this child support arrearage case Harold Newman, Jr. (“Respondent”) appeals the December 23, 2014 order of the Circuit Court for Roane County (“the Trial Court”) finding Respondent in civil contempt and ordering that Respondent be incarcerated in the Roane County Jail until he pays a purge amount of $150.00. We find and hold that no evidence was produced showing that Respondent had the present ability to pay $150.00, or any amount, and, therefore, the order finding Respondent in contempt and sentencing him to incarceration was in error. We reverse that portion of the Trial Court's December 23, 2014 order finding Respondent in civil contempt and sentencing Respondent to indefinite incarceration in the Roane County Jail with the ability to purge himself of contempt by making a $150.00 purge payment and remand this case to the Trial Court for further proceedings.

The defendant, Michael Richard Miller, was convicted of three counts of especially aggravated kidnapping, two counts of aggravated robbery, one count of aggravated burglary, and one count of employing a firearm in the course of a dangerous felony.  On appeal, he challenges the trial court’s imposition of an effective forty-six-year sentence based upon partial consecutive sentencing.  Specifically, the defendant argues that: (1) the trial court misapplied the consecutive sentencing factors in making its sentencing determination; and (2) the trial court erred in ordering that the conviction for employing a firearm in the course of a dangerous felony be served consecutively to all his convictions rather than only to the underlying dangerous felony.  Following review of the record, we affirm the sentences as imposed.

In this child support arrearage case Harold Newman, Jr. (“Respondent”) appeals the December 23, 2014 order of the Chancery Court for Roane County (“the Trial Court”) finding Respondent in civil contempt and ordering that Respondent be incarcerated in the Roane County Jail until he pays a purge amount of $150.00. We find and hold that no evidence was produced showing that Respondent had the present ability to pay $150.00, or any amount, and, therefore, the order finding Respondent in contempt and sentencing him to incarceration was in error. We reverse that portion of the Trial Court's December 23, 2014 order finding Respondent in civil contempt and sentencing Respondent to indefinite incarceration in the Roane County Jail with the ability to purge himself of contempt by making a $150.00 purge payment and remand this case to the Trial Court for further proceedings.