Marcus Anthony Robey v. State of Tennessee
In 2013, the Petitioner, Marcus Anthony Robey, pleaded guilty to evading arrest and criminal impersonation in exchange for an effective sentence of eleven months and twenty-nine days. In a bifurcated proceeding, a jury convicted the Petitioner of aggravated robbery following which he pleaded guilty to possession of a weapon by a convicted felon. For these convictions he received concurrent thirty- and fifteen-year sentences, respectively. State v. Robey, No. M2015-00306-CCA-R3-CD, 2016 WL 4487954, at *1 (Tenn. Crim. App. Aug. 25, 2016), perm. app. denied (Tenn. 2016). Thereafter, the Petitioner filed a petition for post-conviction relief, claiming that he received the ineffective assistance of counsel, that the trial court lacked subject matter jurisdiction related to the indictment, and that the State withheld evidence resulting in prosecutorial misconduct. The post-conviction court denied his petition after a hearing. After review, we affirm the post-conviction court’s judgment. |
Rutherford | Court of Criminal Appeals | |
State of Tennessee v. Tailor James Simpson
Defendant, Tailor James Simpson, appeals the trial court’s order revoking his probationary |
Dyer | Court of Criminal Appeals | |
Sarah Bryant v. State of Tennessee
This appeal follows the dismissal of the appellant’s claim for damages in the Tennessee |
Court of Appeals | ||
Jerry P. Haley v. Grady Perry, Warden
The Petitioner, Jerry P. Haley, appeals from the Lauderdale County Circuit Court’s |
Lauderdale | Court of Criminal Appeals | |
Diana Lynn Van Zandbergen v. Scott W. Van Zandbergen
In this divorce case, Husband/Appellant appeals the amount and duration of alimony in futuro awarded to Wife/Appellee. Husband also appeals the trial court’s award of attorney’s fees to Wife for Husband’s alleged failure to comply with discovery. We conclude that the amount of alimony in futuro exceeds Wife’s need. As such, the award of alimony in futuro is modified to $3,451.00 per month and shall terminate upon Wife’s death or remarriage, or Husband’s death in accordance with Tennessee Code Annotated section 36-5-121(f)(3). We vacate the trial court’s award of $20,000.00 in attorney’s fees to Wife and remand for the trial court to enter an order containing sufficient findings of fact and conclusions of law regarding this issue pursuant to Tennessee Rule of Civil Procedure 52.01. |
Coffee | Court of Appeals | |
Ashleigh Suarez Smallman v. William H. Smallman
This is a post-divorce action in which both parents seek to modify the permanent parenting plan and the father seeks to reduce his financial support obligations. The mother filed her Petition to Modify Permanent Parenting Plan in which she requested, inter alia, a reduction of the father’s parenting time and that she be awarded sole decision-making authority for the non-emergency medical and educational decisions for the parties’ two minor children. The father filed his Counter-Petition to Modify the Parenting Plan seeking, inter alia, that he be awarded the tie-breaking vote for all medical decisions for the children; that joint decision-making authority for educational decisions be maintained between the parties; that his financial obligations be modified, including child support as well as previously agreed-upon additional educational and medical expenses; and that he be awarded more parenting time. Following a trial that spanned 10 days, the trial court found in a 53-page memorandum opinion and final order that neither party proved a material change of circumstance that justified modification of the parenting schedule. However, the court found the parents’ inability to successfully co-parent under the existing joint decision-making provision adversely affected the children’s non-emergency healthcare and educational needs. The court also found that it was in the children’s best interests that the “[m]other have sole decision-making authority over their non-emergency healthcare and day-to-day education, free of any interference or delays by the father and without being required to consult with him in advance.” The court denied the father’s request to modify child support as well as his request to modify responsibility for educational, medical, and extracurricular expenses. The father appeals. We affirm the trial court in all respects. We also find that the mother is entitled to recover the reasonable and necessary attorney’s fees and expenses she incurred in defending this appeal and remand this issue to the trial court to make the appropriate award. |
Davidson | Court of Appeals | |
In Re: Oriana Y.
A father appeals the termination of his parental rights to his child. The trial court terminated parental rights on the grounds of abandonment by wanton disregard and failure to manifest an ability and willingness to assume custody or financial responsibility for the child. The court also determined that termination was in the child’s best interest. We agree and affirm. |
Court of Appeals | ||
Joseph Jerome Griggs v. State of Tennessee
The Petitioner, Joseph Jerome Griggs, appeals from the Hardeman County Circuit Court’s |
Hardeman | Court of Criminal Appeals | |
State of Tennessee v. Devoris Antoine Newson
Pursuant to a plea agreement, the Defendant, acting pro se, entered guilty pleas to various |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Cameron Tommy Beard
The Appellant was convicted by an Anderson County jury of reckless aggravated assault |
Anderson | Court of Criminal Appeals | |
Nedra R. Hastings v. Larry Maurice Hastings, Jr.
This case arises from a protracted and contentious child support action, which began in |
Shelby | Court of Appeals | |
Public.Resource.Org, et al. v. Matthew Bender & Company, Inc., et al.
This appeal concerns a petition to access public records filed against a private entity. David L. Hudson, Jr. (“Hudson”) and Public.Resource.Org filed a petition against Matthew Bender & Company, Inc., a division of LexisNexis Group (“Lexis”), in the Chancery Court for Davidson County (“the Trial Court”) pursuant to the Tennessee Public Records Act (“the TPRA”) seeking access to and a copy of the complete and current electronic version of the Tennessee Code Annotated (“the TCA.”).1 The Tennessee Code Commission (“the Commission”) intervened on Lexis’s side in part to protect the state’s alleged copyright interest in the TCA. The Trial Court held that the TCA is exempt from disclosure because Tennessee law provides a separate avenue for publication of the TCA. In addition to its dispositive ruling, the Trial Court held that Lexis operates as the functional equivalent of a governmental entity, and that the TCA is disqualified from copyright protection. Hudson appeals. Lexis and the Commission raise issues as well. We hold, inter alia, that Lexis is a private company performing specific services for the state on a contractual basis. It has not assumed responsibility for public functions to such an extent as to become the functional equivalent of a governmental entity. We modify the Trial Court’s judgment in that respect. Otherwise, we affirm. |
Davidson | Court of Appeals | |
Public.Resource.Org, et al. v. Matthew Bender & Company, Inc., et al. (concurring)
I would also affirm the dismissal of the petition for access to public records and to obtain judicial review of denial of access. But I would do so only “on the threshold issue” identified by the trial court. The trial court framed the issue as “whether Tennessee Code Annotated constitutes a document required for public access under the Public Records Act.” On that threshold issue, I reach the same conclusion as the trial court and the majority. State law otherwise provides for access to Tennessee Code Annotated, so Tennessee Code Annotated is not a “state record” subject to disclosure under the Public Records Act. See Tenn. Code Ann. § 10-7-503(a)(2)(A) (Supp. 2023) (making all state records “open for personal inspection by any citizen of this state . . . unless otherwise provided by state law”); see also Tennessean v. Metro. Gov’t of Nashville & Davidson Cnty., 485 S.W.3d 857, 865 (Tenn. 2016) (recognizing Tennessee Code Annotated § 10-7- 503(a)(2)(A) as “a general exception to the Public Records Act, based on state law”). The trial court recognized that resolving the threshold issue was “dispositive, making it unnecessary to decide the other two defenses asserted.” Yet, “in the interest of avoiding a time-consuming and expensive remand” in the event of a reversal on the threshold issue, it also ruled on the other defenses. |
Davidson | Court of Appeals | |
Nedra R. Hastings v. Larry M. Hastings, Jr.
This case involves a protracted and contentious child support action, which began when |
Shelby | Court of Appeals | |
State of Tennessee v. Jamil Toure Holloway
A Davidson County jury convicted the Defendant, Jamil Toure Holloway, of first degree premeditated murder, first degree felony murder, attempted first degree murder causing serious bodily injury, and aggravated assault with a deadly weapon. The trial court imposed a life sentence plus thirty-one years in the Tennessee Department of Correction. The Defendant appeals, contending that there is insufficient evidence to support his convictions. After review, we affirm the trial court’s judgments. |
Davidson | Court of Criminal Appeals | |
Manola McCain v. Knoxville HMA Physician Management, LLC
A defendant employer appeals the trial court’s grant of partial summary judgment in this action alleging breach of a plaintiff nurse’s employment contract. We conclude that the contract language is unambiguous and that partial summary judgment in favor of the plaintiff was properly granted. Accordingly, we affirm. |
Court of Appeals | ||
Stephen D. Demps v. State of Tennessee
A Putnam County jury convicted the Petitioner, Stephen D. Demps, of four counts of aggravated sexual battery and five counts of rape of a child. The trial court sentenced him to twenty-five years of incarceration. The Petitioner appealed his convictions to this court, and we affirmed the judgments. State v. Demps, No. M2017-00641-CCA-R3-CD, 2018 Tenn. Crim. App. LEXIS 156, at *1 (Tenn. Crim. App. Feb. 27, 2018), no perm. app. filed. Subsequently, the Petitioner filed a petition for post-conviction relief, claiming that he received the ineffective assistance of counsel, that law enforcement altered evidence, and that the State committed prosecutorial misconduct. The post-conviction court denied the petition after a hearing. After review, we affirm the post-conviction court’s judgment. |
Putnam | Court of Criminal Appeals | |
State of Tennessee v. Tony Manning
A Knox County jury convicted the Defendant, Tony Manning, of rape, attempted rape, and aggravated assault. The trial court sentenced the Defendant to serve an effective sentence of eight years in the Tennessee Department of Correction. On appeal, the Defendant argues that the evidence is insufficient to support his convictions. He also contends that the trial court erred in finding that the State’s expert was qualified and by allowing the expert to testify outside of her area of expertise. In response, the State argues, in part, that the Defendant waived any issue concerning the expert by failing to object at trial and by filing an untimely motion for a new trial. On our review, we conclude that the Defendant’s notice of appeal was untimely filed. We also conclude that the “interest of justice” does not require us to waive the timely filing of the notice of appeal, and we respectfully dismiss the appeal. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Michael Anthony Tharpe
The Appellant, Michael Anthony Tharpe, was convicted at a bench trial of burglary of a |
Court of Criminal Appeals | ||
Kim Covarrubias v. Gerald Edward Baker
This appeal concerns a petition to modify alimony. Gerald Edward Baker (“Petitioner”) filed a petition in the Circuit Court for Knox County (“the Trial Court”) against his ex-wife Kim Covarrubias (“Respondent”) seeking to modify his alimony obligation as a result of a massive post-retirement drop in his income. After a hearing, the Trial Court entered an order declining to modify Petitioner’s alimony obligation despite having found that Petitioner was credible; that his decision to retire was objectively reasonable; and that a substantial and material change in circumstances had occurred. Petitioner appeals. We find, inter alia, that the Trial Court erred by failing to account for Petitioner’s ability to pay in light of all of his expenses. The Trial Court’s decision lacked a factual basis properly supported by evidence in the record; was not based on the most appropriate legal principles applicable to the decision; and was not within the range of acceptable alternative dispositions. Thus, the Trial Court abused its discretion. We reverse the judgment of the Trial Court and remand for the Trial Court to modify Petitioner’s alimony obligation. |
Court of Appeals | ||
State of Tennessee v. Corey Brown
The defendant, Corey Brown, was found guilty by a Shelby County jury of especially |
Shelby | Court of Criminal Appeals | |
Morrieo Allen v. State of Tennessee
The petitioner, Morrieo Allen, appeals the denial of his petition for post-conviction relief, |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Jennifer Michelle Childs
The Defendant, Jennifer Michelle Childs, was indicted in the Sumner County Criminal Court for driving under the influence (“DUI”) and filed motions to suppress evidence and dismiss the indictment. The trial court held a hearing, ruled that the Defendant’s warrantless arrest was illegal, and dismissed the indictment. The State appeals the dismissal, arguing that the remedy for an illegal arrest is suppression of any evidence obtained as a result of the arrest. Based upon the oral arguments, the record, and the parties’ briefs, we agree with the State. Accordingly, the trial court’s dismissal of the indictment is reversed, the indictment is reinstated, and the case is remanded to the trial court for further proceedings consistent with this opinion. |
Sumner | Court of Criminal Appeals | |
Sarah Edge Woodward v. Geoffrey Hamilton Woodward
In this ongoing divorce litigation, the father filed an interlocutory appeal from the trial |
Davidson | Court of Appeals | |
State of Tennessee v. Christopher Lee Goodwin
The Defendant-Appellant, Christopher Lee Goodwin, was convicted by a Maury County Circuit Court jury of felony murder committed in the perpetration of aggravated child neglect, and the trial court imposed a sentence of life imprisonment. On appeal, the Defendant argues: (1) the evidence is insufficient to sustain his conviction; (2) the trial court erred in denying his motion to suppress statements made to police; (3) the aggravated child neglect statute violates due process with its vagueness; (4) the trial court violated his right to a fair trial when it overruled the defense objection and allowed the State to present evidence that the medical examiner in this case lost his medical license; (5) the trial court erred in sustaining the State’s hearsay objection to his questioning of an investigator about a statement that a witness allegedly made to him; (6) the trial court erred in not declaring a mistrial when an investigator testified about a domestic violence incident between the Defendant and the victim’s mother; and (7) that a single prosecution for felony murder predicated on both aggravated child abuse and aggravated child neglect violates double jeopardy. 1 After review, we affirm the judgment of the trial court. |
Maury | Court of Criminal Appeals |