Dawn Noles Martin (Gorham), et al. v. Matthew Kendall Martin, et al.
This is an appeal from the trial court’s order modifying child support and setting arrearage. The trial court’s calculation of child support arrearage includes a set off for credits given the Appellee Father for necessaries provided. The trial court also found that Father was responsible for one-half of the children’s private school tuition for the three year period prior to Appellant Mother filing her petition for reimbursement of those expenses. The trial court further found that the parties had sufficient income to continue sending their children to private school and that each party should be responsible for one-half of the costs of the private school tuition and fees. Mother appeals. We reverse in part, vacate in part, and remand for a fresh determination of child support arrearages from April 2007 forward, and sufficient findings on the issue of wage assignment in accordance with this opinion. |
Carroll | Court of Appeals | |
State of Tennessee v. Jeffery Combs
The Defendant, Jeffery Combs, appeals as of right from his jury convictions for eighteen counts of forgery and one count of theft of property valued at $1,000.00 or more but less than $10,000.00, for all of which he received an effective twelve-year sentence. On appeal, the Defendant challenges only the sufficiency of the convicting evidence, arguing that his identity was not sufficiently established to support the eighteen counts of forgery; that one count of forgery was for an electronic check which he did not sign and, therefore, cannot be guilty of; that he cannot intend to steal property or defraud someone of their money if that person was known to have died; and that it was improper to aggregate the amount of each separate forgery to support the conviction for Class D felony theft. Following our review, we affirm the trial court’s judgments. |
Sullivan | Court of Criminal Appeals | |
Joe Clark Mitchell v. State of Tennessee
The appellant, Joe Clark Mitchell, filed in the Maury County Circuit Court a motion to correct an illegal sentence pursuant to Tennessee Rule of Criminal Procedure 36.1. The motion was summarily denied, and the appellant timely appealed the ruling. Upon review, we affirm the judgment of the trial court. |
Maury | Court of Criminal Appeals | |
Karen Fay Petersen v. Dax Deboe
The plaintiff filed the instant action on September 28, 2012, alleging claims against the defendant of breach of contract, misrepresentation, negligent construction, and violation of the Tennessee Consumer Protection Act. Despite several attempts, the plaintiff was unable to obtain personal service of process upon the defendant. The plaintiff subsequently served process upon the defendant via registered mail pursuant to Tennessee Rule of Civil Procedure 4.04, but that mailing was returned “unclaimed.” The plaintiff filed a return of service, indicating that service had been properly completed pursuant to Tennessee Rule of Civil Procedure 4.04(11). The trial court entered a default judgment in favor of the plaintiff, finding that the defendant had been properly served with process. The defendant in turn moved to set aside the default judgment, and the trial court denied that motion. The defendant has appealed. We affirm the trial court's finding that the defendant was properly served with process. However, we determine that the default judgment was improperly entered in violation of the express language contained in Tennessee Rule of Civil Procedure 4.04(10). We therefore reverse the trial court's denial of the defendant's motion to set aside the default judgment and remand this matter for further proceedings. |
Anderson | Court of Appeals | |
State of Tennessee v. Tracy Dale Tate
A Knox County jury found the Defendant, Tracy Dale Tate, guilty of one count each of sale and delivery of cocaine within 1,000 feet of an elementary school and one count each of sale and delivery of cocaine within 1,000 feet of a recreational center. See Tenn. Code Ann. §§ 39-17-417, -432. The trial court merged count two into count one and merged count four into count three, resulting in convictions for sale of .5 grams or more of cocaine within 1,000 feet of an elementary school and sale of .5 grams or more of cocaine within 1,000 feet of a recreational center. The Defendant received a total effective sentence of thirty years. In this appeal, the Defendant contends that the evidence was insufficient to support his convictions. He further argues that the trial court erred by failing to merge his four guilty verdicts into a single conviction, and the State concedes this point. Following our review, we conclude that the evidence was sufficient to support the Defendant’s convictions, but we agree that the trial court erred by failing to merge all the Defendant’s guilty verdicts into a single conviction, and we therefore remand for entry of a corrected judgment reflecting this merger. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Alfred Ward
A Knox County Criminal Court Jury convicted the appellant, Alfred Ward, of two counts of aggravated burglary, a Class C felony, and misdemeanor theft. The trial court merged the aggravated burglary convictions and sentenced him as a Range III, persistent offender to an effective sentence of eleven years in confinement. On appeal, the appellant contends that the evidence is insufficient to support the convictions. Based upon the record and the parties’ briefs, we affirm the judgments of the trial court but remand the case for correction of the judgments.
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Knox | Court of Criminal Appeals | |
State of Tennessee v. Tammy Joy Ogden
The Defendant, Tammy Joy Ogden, pleaded guilty in case number 35CC1-2014-CR-18 to delivery of morphine, a Class C felony, and to delivery of carisoprodol, a Class D felony. See T.C.A. §§ 39-17-417(a)(2) (2012) (amended 2014) (delivery), 39-17-408(b)(1)(I) (2014) (classifying morphine as a Schedule II controlled substance), 39-17-412(c)(5) (2014) (classifying carisoprodol as a Schedule IV controlled substance). The trial court sentenced the Defendant as a Range III, persistent offender to concurrent terms of ten years' confinement for the morphine conviction and eight years' confinement for the carisoprodol conviction. In case number 35CC1-2014-CR-113, the Defendant pleaded guilty to delivery of morphine, a Class C felony, and to delivery of alprazolam, a Class D felony. See id. §§ 39-17-417(a)(2) (delivery); 39-17-408(b)(1)(I) (morphine); 39-17-412(c)(1) (classifying alprazolam as a Schedule IV controlled substance). The court sentenced the Defendant as a Range III, persistent offender to concurrent terms of ten years' confinement for the morphine conviction and eight years' confinement for the alprazolam conviction. The court also ordered the sentences in each case to be served consecutively to each other, for an effective twenty-year sentence. On appeal, the Defendant contends that the court erred by (1) denying her alternative sentencing and (2) imposing partially consecutive service of the sentences. We affirm the judgments of the trial court. |
Hardeman | Court of Criminal Appeals | |
William Timothy Hayes, et al. v. Coopertown Mastersweep, Inc.
This is an appeal from the grant of two motions for directed verdict. Appellants contracted with Appellee chimneysweep company to redesign and reconstruct portions of their fireplace and chimney to address a problem with smoke escaping into the den, upper floors, and attic. More than a year after the construction was completed, Appellants’ home was damaged by a fire, which started when wood flooring joists in close proximity to the firebox ignited. Appellants brought claims for negligence and breach of contract against Appellee. The case was tried before a jury. At the close of Appellants’ proof, the trial court granted the Appellee’s motions for directed verdict on the ground that the Appellants had failed to establish that the Appellee owed them a duty of care to conduct a destructive investigation of the safety of the Appellants’ fireplace and also on the ground that the suit was barred by the applicable statute of repose. We affirm and remand. |
Shelby | Court of Appeals | |
William Keith Blackburn v. State of Tennessee
Petitioner, William Keith Blackburn, appeals from the post-conviction court’s denial of his petition for post-conviction relief. Petitioner was convicted of first degree premeditated murder and especially aggravated robbery. He received an effective life sentence. Petitioner challenged his convictions on appeal, and a panel of this court affirmed the judgments of the trial court. State v. William Keith Blackburn, No. M2009-01140-CCA-R3-CD, 2011 WL 2893083 (Tenn. Crim. App. July 20, 2011), perm. app. denied (Tenn. Oct. 19, 2011). On appeal, Petitioner contends that his trial counsel was ineffective for failing to call John Haggard, Adrian Rich, and Brent Olive as witnesses at trial. After a careful review of the record, we affirm the judgment of the post-conviction court. |
Lawrence | Court of Criminal Appeals | |
John Edward Lynch v. State of Tennessee
Petitioner, John Edward Lynch, appeals the summary dismissal of his petition for post-conviction relief. After the post-conviction court was unable to locate the Petitioner for ten months because the Petitioner had been transferred to federal custody and did not notify the court that his address had changed, the post-conviction court “sua sponte” dismissed the Petition on its merits. After careful review of the parties’ briefs, the record, and the applicable law, we conclude that the petition alleged a colorable claim of ineffective assistance of counsel, thereby entitling Petitioner to appointed counsel and to an opportunity to amend his petition with the aid of post-conviction counsel. Accordingly, the judgment of the post-conviction court is reversed and remanded. |
Marshall | Court of Criminal Appeals | |
Antonio Johnson v. David B. Westbrook, Warden
Petitioner, Antonio Johnson, appeals the summary dismissal of his two petitions for writ of habeas corpus challenging the legality of his sentences on the basis that the trial court failed to properly award all requisite pre-trial jail credits. Following our extensive review of the record, we affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
Jimmy Heard v. State of Tennessee
Petitioner, Jimmy Heard, stands convicted of criminal conspiracy to commit aggravated robbery, aggravated robbery, and attempted second degree murder, for which he received an effective twenty-nine-year sentence. He unsuccessfully sought post-conviction relief from his convictions and now appeals, claiming ineffective assistance of appellate counsel for failing to: (1) submit a transcript of the hearing on petitioner’s motion to recuse the trial judge; (2) address petitioner’s bond increase without a hearing; (3) address petitioner’s allegedly unlawful interrogation by law enforcement officers; and (4) object to a judge hearing his appeal who allegedly was once assigned to hear his case at trial. Upon our review, we affirm the judgment of the post-conviction court. |
Rutherford | Court of Criminal Appeals | |
State of Tennessee v. Heng Lac Liu
A Davidson County jury convicted the Defendant, Hen Lac Liu, of four counts of sexual battery. On appeal, the Defendant contends: (1) that the trial court improperly admitted hearsay evidence; (2) that the trial court improperly excluded defense evidence of the victim’s bias and lack of credibility; and (3) that the cumulative effect of these errors warrants a new trial. After a thorough review, we conclude that the cumulative effect of the errors by the trial court warrant a new trial for the Defendant. |
Davidson | Court of Criminal Appeals | |
Plastic Surgery Associates Of Kingsport Inc. v. Gregory H. Pastrick
This action was filed against a surgeon for breach of an employment agreement by his employers, a group owned equally by four optometrists and one non-physician. The trial court found that the group was entitled to recover damages arising from the breach. The surgeon appeals. We affirm. |
Sullivan | Court of Appeals | |
Gary Bohannon v. State of Tennessee
The petitioner, Gary Bohannon, was convicted of first degree (premeditated) murder and received a life sentence. He filed a petition for post-conviction relief, which the postconviction court denied. He now appeals, arguing that his right to due process and a fair trial was violated by statements that the trial court made to the jury during voir dire. He also argues that he received ineffective assistance of counsel when trial counsel did not object to the statements of the trial court, failed to ask for a continuance or a recess after the direct testimony of a witness, failed to locate and call a witness, and erroneously stated in closing argument that the petitioner made a statement to police. After a thorough review of the record, the briefs of the parties, and the applicable law, we affirm the judgment of the postconviction court. |
Shelby | Court of Criminal Appeals | |
Linda Hanke v. Landon Smelcer Construction
The plaintiff, proceeding pro se, filed a complaint against the defendant in General Sessions Court for problems related to the remodel of her residence. Thereafter, the plaintiff filed a motion to “withdraw” her complaint. The General Sessions Court granted the motion and dismissed the complaint with prejudice. Approximately one year after the dismissal, the plaintiff filed a motion to set aside the judgment. The General Sessions Court denied the motion. The plaintiff appealed to the Circuit Court. The Circuit Court dismissed the appeal. The plaintiff appeals. We affirm the decision of the Circuit Court. |
Sevier | Court of Appeals | |
In re K.G.S.
This is a termination of parental rights case focusing on K.G.S. (the Child), the minor daughter of K.G.S. (Mother).1 The Department of Children’s Services (DCS) took emergency custody of the Child based on allegations of sexual abuse and lack of supervision. The trial court adjudicated the Child dependent and neglected. Both parents conceded the factual basis for this holding. After a trial, the court terminated Mother's parental rights after finding, by clear and convincing evidence, that (1) grounds for termination were established, and (2) termination is in the best interest of the Child. Mother appeals and challenges each of these holdings. We affirm. |
Sevier | Court of Appeals | |
Ronnie Bradfield v. State of Tennessee
The petitioner, Ronnie Bradfield, appeals the trial court's denial of his pro se motion to correct an illegal sentence pursuant to Rule 36.1 of the Tennessee Rules of Criminal Procedure. Following our review, we affirm the trial court's judgment pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. |
Shelby | Court of Criminal Appeals | |
Ike J. White, III v. David A. Beeks, M.D.
The issue in this health care informed consent case is whether the trial court erred by limiting the testimony of plaintiff patient’s expert witness regarding the risks that the defendant doctor was required to disclose to obtain the patient’s informed consent for surgery. The doctor performed a spinal fusion on the patient. His back pain initially improved, but subsequently worsened. The patient sued the doctor, claiming his back pain was caused by nerve compression due to ectopic bone growth at the site of the fusion. The patient alleged that the doctor failed to give him adequate information to enable him to give an informed consent to the surgery. In a pretrial deposition, the patient’s expert testified that to obtain informed consent, the doctor was required to advise the patient that he would use a bone-grafting protein and inform the patient about all the potential risks arising from its use, including risks that allegedly caused harm and risks that did not cause harm. The trial court granted the doctor’s motion to limit the patient’s expert witness testimony to only those risks that allegedly materialized and injured the patient. The jury returned a verdict in favor of the doctor. In a divided opinion, the Court of Appeals affirmed the trial court’s exclusion of the expert medical testimony. We hold that the trial court erred by excluding expert testimony regarding undisclosed medical risks that had not materialized. Because this error, more probably than not, influenced the jury’s verdict, the patient is awarded a new trial. |
Bradley | Supreme Court | |
State of Tennessee v. Kyle Roger Stewart
Defendant, Kyle Roger Stewart, appeals from the trial court’s revocation of probation. On March 21, 2012, Defendant pleaded guilty to three counts of aggravated burglary. Pursuant to the plea agreement, Defendant received concurrent sentences of four years with 180 days to be served in confinement and the balance to be suspended on probation. Defendant also agreed to pay $17,875.00 in restitution to the victims. On December 19, 2013, a “Probation Violation Report” was filed, alleging that Defendant had violated the conditions of his probation by failing to report a change in his residence, failing to report to his probation officer, and failing to pay restitution as ordered. Following a probation revocation hearing, the trial court revoked Defendant’s probation and ordered Defendant to serve his sentences in confinement. Defendant appeals and asserts that the trial court denied him procedural due process by failing to make adequate findings regarding the evidence supporting his probation revocation. Defendant also asserts that the trial court’s decision to revoke probation and order Defendant to serve his sentence does not comply with the sentencing principles. Having reviewed the record before us and the briefs of the parties, we affirm the judgment of the trial court. |
White | Court of Criminal Appeals | |
State of Tennessee v. Otis Quirino Loyola, Sr.
The defendant, Otis Quirino Loyola, Sr., appeals his Montgomery County Circuit Court convictions of aggravated child neglect and aggravated child abuse which resulted in an effective 20-year sentence to confinement. On appeal, the defendant challenges the sufficiency of the convicting evidence of aggravated child abuse and aggravated child neglect. Following our review, we affirm the judgments of the circuit court. |
Montgomery | Court of Criminal Appeals | |
State of Tennessee v. Roy Lee Sewell
Appellant, Roy Lee Sewell, pleaded guilty to the sale of dihydrocodeinone and the sale of alprazolam. Appellant was placed on probation as a result of his plea agreement, and after appellant’s conviction on new charges, the trial court revoked his probation. On appeal, appellant argues that his probation had expired prior to this revocation due to an illegal extension of his probation a year earlier. After reviewing the record, the arguments, and the relevant law, we affirm the judgment of the trial court. |
Clay | Court of Criminal Appeals | |
State of Tennessee v. Tiffany Marie Webb
The Defendant, Tiffany Marie Webb, pleaded guilty to three counts of attempted aggravated child abuse and three counts of attempted aggravated child endangerment, which, the trial court merged by agreement into one count of attempted aggravated child abuse. The Defendant agreed to a sentence of nine years, with the trial court to determine the manner of service of the sentence. After a hearing, the trial court ordered the Defendant to serve her sentence in confinement. On appeal, the Defendant contends that the trial court erred when it denied her request for an alternative sentence. After a thorough review of the record and applicable authorities, we affirm the trial court’s judgment.
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Sullivan | Court of Criminal Appeals | |
Lisa Gay Love v. Federal National Mortgage Association, et al.
This appeal arises from a foreclosure on a deed of trust. Lisa Gay Love (“Love”) sued Federal National Mortgage Association (“FNMA”), SunTrust Mortgage, Inc. (“SunTrust”), and Self Help Ventures Fund (“Self Help”) (“Defendants,” collectively) in the Chancery Court for Knox County (“the Trial Court”) alleging that the foreclosure of her home was wrongful. Defendants filed a motion for summary judgment asserting that Love had defaulted on her mortgage, that SunTrust had exercised its power under the deed of trust to foreclose, and that FNMA had obtained a final judgment in an earlier detainer action. Love, in turn, argued that, because FNMA was not named on the deed at the time of the detainer action, FNMA lacked standing and the detainer judgment is void. The Trial Court granted Defendants’ motion for summary judgment, holding that Defendants had established res judicata. Love appeals. We hold that the judgment in the detainer action is a final judgment, that we will not revisit the issue of FNMA’s standing in that suit, and that res judicata bars Love’s claims. We affirm the judgment of the Trial Court |
Knox | Court of Appeals | |
State of Tennessee v. Michael Crockett
Defendant, Michael Crockett, was indicted by the Rutherford County Grand Jury for third offense driving on a suspended license, possession of a weapon by a convicted felon, and theft over $500. Defendant filed a pre-trial motion to suppress evidence obtained from the traffic stop and subsequent search of his vehicle. In his motion, Defendant asserted that: 1) probable cause did not exist to conduct a traffic stop of Defendant’s vehicle; 2) the duration of the stop was unreasonable and resulted in an unlawful detention of Defendant; and 3) the canine sweep of Defendant’s vehicle was improper. Following a hearing, the trial court denied Defendant’s motion. Defendant subsequently entered a guilty plea to possession of a weapon by a convicted felon. Pursuant to a plea agreement, Defendant was sentenced to three years to be served in the Tennessee Department of Correction. As part of his plea, Defendant reserved a certified question of law, in which he challenges the trial court’s ruling on his motion to suppress. Having reviewed the parties’ briefs and the record before us, we conclude that the trial court did not err by denying Defendant’s motion to suppress, and we affirm the judgment of the trial court. |
Rutherford | Court of Criminal Appeals |