State of Tennessee v. Ricky Anderson
W2022-00452-CCA-R3-CD
Defendant, Ricky Anderson, appeals his Shelby County convictions for two counts of first
Authoring Judge: Judge Robert L. Holloway, Jr.
Originating Judge:Judge Glenn Ivy Wright |
Shelby County | Court of Criminal Appeals | ||
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 | ||
M2001-01866-CCA-R3-DD
M2001-01866-CCA-R3-DD
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Supreme Court | |||
The Williamson County Grand Jury indicted Tony Dale Crass, Defendant, with driving under the influence (DUI), DUI per se, and possession of a firearm while under the influence. Defendant moved to suppress the evidence, arguing that the State did not have probable cause or reasonable suspicion for the traffic stop and that video evidence of Defendant’s driving was erased and deleted as a result of a malfunctioning recording system in Tennessee Highway Patrol (THP) Trooper Joey Story’s patrol car. The trial court concluded that the loss of video evidence constituted a violation of the State’s duty to preserve potentially exculpatory evidence recognized in State v. Ferguson, 2 S.W.3d 912 (Tenn. 1999), and deprived Defendant of the right to a fair trial. The trial court granted the motion to suppress and dismissed the indictment, and the State appealed. We conclude that the video was not lost or destroyed by the State, (2) that a Ferguson violation is not applicable to a suppression hearing based on reasonable suspicion or probable cause for a traffic stop, (3) that the trial court misapplied the “degree of negligence” Ferguson factor by equating perceived public policy decisions on the part of the State to negligence, and (4) that Defendant’s right to a fair trial can be protected without dismissal of the indictment. We reverse the judgment of the trial court, reinstate the indictment, and remand for further proceedings. |
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State of Tennessee v. John R. Farner, Jr.
E1999-00491-SC-R11-CD
The State of Tennessee has filed a petition to rehear asking this Court to reconsider certain
Authoring Judge: Per Curiam
Originating Judge:Judge R. Jerry Beck |
Sullivan County | Supreme Court | ||
Mina Woods and Robert Woods v. World Truck Transfer, Inc. and Edward J. Seigham
M1997-00068-COA-R3-CV
This appeal involves a personal injury action that was dismissed because the Clerk of the Circuit Court for Davidson County refused to accept and file a summons that had not been prepared on an original form provided by the clerk. By the time the plaintiff provided another summons acceptable to the clerk, the time for filing the complaint and the summons had elapsed. Accordingly, on motion of one of the defendants, the Circuit Court for Davidson County dismissed the personal injury claim because it was time-barred. We have determined that the clerk’s office exceeded its authority when it declined to accept and file the summons and, therefore, that the trial court erred by dismissing the complaint. Accordingly, we vacate the order dismissing the personal injury claims and remand the case for further proceedings.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Judge Barbara N. Haynes |
Davidson County | Court of Appeals | ||
Lesa Johnson v. South Central Human Resource Agency, Roy Tipps, Executive Director, and John Ed Underwood, Jr., Deputy Director
01A01-9503-CH-00104
This is an action pursued by the appellant, Lesa Johnson (Johnson), for the alleged wrongful termination of her employment with South Central Human Resource Agency (SCHRA). The Chancery Court for Bedford County dismissed the complaint upon motion of the appellees, SCHRA, and its executive and deputy directors, Roy Tipps and John Ed Underwood, Jr., respectively.
Authoring Judge: Judge David R. Farmer
Originating Judge:Chancellor Tyrus H. Cobb |
Bedford 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 | ||
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 | ||
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 | |||
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 | ||
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 | ||
Knight vs. Knight
01A01-9710-CV-00609
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Court of Criminal 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 | ||
Daniel B. Taylor v. Donal Campbell, et al.
M1998-00913-COA-R3-CV
This appeal involves a dispute between a prisoner and the Department of Correction regarding the prisoner's request for access to the Department's rules governing prisoner sentence credits. The Department responded by informing the prisoner that its policies governing prisoner sentence reduction credits could be found in the prison law library. Thereafter, the prisoner filed suit in the Chancery Court for Davidson County complaining that he had been wrongfully denied access to public records. The Commissioner of Correction moved to dismiss the complaint. Alternatively, the Commissioner sought a summary judgment and supported his motion with affidavits asserting that the prisoner had already received all the information he sought. Based on these affidavits, the trial court granted the Commissioner's summary judgment motion and dismissed the prisoner's complaint. We have determined that the Commissioner has not demonstrated that he is entitled to a judgment as a matter of law and, therefore, reverse the summary dismissal of the prisoner's complaint.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson 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 | ||
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 | ||
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 |