Opinions
Cheyney McCarter, d/b/a USA Sports Grill, LLC v. City of Mt. Juliet, et al.
The Mt. Juliet Beer Board suspended the beer permit of a restaurant, and the restaurant owner appealed the suspension to the chancery court by filing a petition for writ of certiorari. The City did not file an answer within the requisite time period because it did not believe Tenn. Code Ann. § 57-5-108, which governs appeals of beer board decisions, required this. The City actively participated in the case in other ways by filing a motion to set the case for trial, filing a comprehensive pre-trial brief, and responding to discovery requests. The restaurant owner moved for default judgment based on the City’s failure to answer the petition, after which the City filed an answer. On the day set for trial, the trial court awarded the restaurant owner a default judgment based on the City’s failure to file an answer in a timely fashion and its failure to seek leave to file a late answer. We reverse and remand to the trial court for further proceedings. |
Wilson | Court of Appeals | |
Joseph Sims v. Millennium Packaging Solutions, LLC
Pursuant to Tennessee Supreme Court Rule 51, this workers’ compensation appeal has been referred to the Special Workers’ Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law. The employee fell and struck his head in March of 2000 in the course and scope of his employment, resulting in a complex scalp laceration, post-concussion syndrome and dysfunction of the trigeminal nerve. He filed this workers’ compensation action in February of 2001, seeking temporary total disability and permanent disability benefits and medical expenses. After many delays the case was heard in September of 2011. The employee’s medical expert testified that he had a 21% permanent impairment and was temporarily disabled until 2009. The employer’s expert testified that he had a 5% impairment, had reached maximum medical improvement and was able to work at the time of his examination in 2007. The trial court awarded temporary total disability benefits from 2000 to 2007, a total of 369.98 weeks, and awarded 60% permanent partial disability, a total of 240 weeks, for a grand total of 609.98 weeks. The employer has appealed, contending that the court erred in awarding more than a total of 400 weeks, in awarding temporary total disability benefits without proper medical proof of inability to work and in awarding 60% permanent partial disability without defining the specific anatomical impairment rating. We reverse the judgment in part and affirm in part. |
Hamilton | Workers Compensation Panel | |
State of Tennessee v. Lavonta Laver Churchwell
Defendant, Lavonta Laver Churchwell, was indicted by the Davidson County Grand Jury for two counts of first degree premeditated murder, two counts of first degree felony murder, and two counts of especially aggravated robbery. Defendant was convicted by a petit jury of two counts of felony murder, two counts of especially aggravated robbery, and two counts of criminally negligent homicide. The trial court merged Defendant’s convictions for criminally negligent homicide into his felony murder convictions. He was sentenced by the trial court to an effective life sentence with all sentences running concurrently. In this direct appeal, Defendant asserts that: 1) the evidence was insufficient to sustain his convictions; 2) the State failed to establish the corpus delicti because the State offered no corroborating evidence of the testimony of the jailhouse informants; 3) Defendant’s admissions to the jailhouse informants were elicited in violation of Massiah v. U.S., 377 U.S. 201, 84 S. Ct. 1199, 12 L. Ed. 2d 246 (1964); and 4) the trial court erred by allowing testimony that Defendant threatened a jailhouse informant. The State responds that Defendant has waived all issues save that of sufficiency of the evidence by failing to file a timely motion for new trial. We conclude that Defendant’s motion for new trial was timely filed and review the merits of each issue. Finding no error, we affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Donald A. Rogers
The defendant, Donald A. Rogers, appeals the trial court’s revocation of his probation and reinstatement of his original three-year sentence in the Department of Correction. He argues that the trial court erred in ordering full confinement, rather than imposing split confinement. Following our review, we affirm the judgment of the trial court. |
Blount | Court of Criminal Appeals | |
Fayette Janitorial Services and Technology Insurance Company, as Assignee of the Claims of Wesley Kennedy v. Kellogg USA, Inc.
This appeal involves a tort suit filed after a workplace injury. The defendant filed a motion for summary judgment, contending that it was a statutory employer within the meaning of the Workers’ Compensation Law, Tenn. Code Ann. § 50-6-113, and therefore, it was immune from the tort claim asserted on behalf of the injured worker. The trial court granted the defendant’s motion for summary judgment. Plaintiffs appeal. We affirm. |
Shelby | Court of Appeals | |
Dianna A. Gaddes v. Paul W. Gaddes, Jr.
Mother petitioned for criminal contempt against Father due to his alleged failure to pay child support as required and she further sought reimbursement for one-half of the children’s optical and dental expenses. Father counter-petitioned for contempt against Mother. The trial court found Father in criminal contempt, but it declined to impose incarceration. However, the trial court denied Mother’s request for optical and dental reimbursement, finding Father was under no obligation to pay such. We affirm in part and we reverse in part. |
Williamson | Court of Appeals | |
State of Tennessee v. Jackson Martin
A Shelby County Criminal Court Jury convicted the appellant, Jackson Martin, of attempted second degree murder and two counts of carjacking. After a sentencing hearing, the trial court merged the carjacking convictions and sentenced him to an effective sentence of twenty-two years in confinement. On appeal, the appellant contends that (1) the trial court erred by commenting to the jury about his failure to present alibi witnesses; (2) the trial court erred by refusing to give the jury an alibi instruction; and (3) the evidence is insufficient to support the convictions. Based upon the record and the parties’ briefs, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
Ronald Woods v. State of Tennessee
A Shelby County grand jury indicted petitioner, Ronald Woods, for three counts of assault. Petitioner pleaded guilty to one count of assault, and the State agreed to dismiss the two remaining counts. During the plea hearing, petitioner also pleaded guilty to several offenses in an unrelated case that was pending in the criminal court. He received an agreed-upon effective sentence of six years, eleven months, and twenty-nine days for both cases. Petitioner requested post-conviction relief, alleging: (1) that the State engaged in vindictive prosecution; (2) that he received ineffective assistance of counsel; (3) that his guilty plea was involuntary; and (4) that he was denied due process of law. Following our review, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Harry Coleman
A Shelby County Criminal Court Jury convicted the appellant, Harry Coleman, of second degree murder, aggravated assault, and two counts of assault. After a sentencing hearing, he received an effective eighteen-year sentence. On appeal, the appellant contends that the evidence is insufficient to support the convictions and that he is entitled to a new trial based on newly discovered evidence. Based upon the oral arguments, the record, and the parties’ briefs, we affirm the appellant’s convictions and the trial court’s denial of the motion for new trial. However, the case is remanded to the trial court for correction of a clerical error on two of the judgments. |
Shelby | Court of Criminal Appeals | |
Demetrius Byrd v. State of Tennessee
Petitioner, Demetrius Byrd, appeals the dismissal of his petition for post-conviction relief from felony drug convictions in which he alleged that his guilty plea was unknowingly and involuntarily entered due to the ineffective assistance of trial counsel. More specifically he contends that (1) trial counsel failed to properly investigate his case to determine that Petitioner’s co-defendant, Dominic Jones, pled guilty to the cocaine offense under a separate indictment and accepted full responsibility for the offense; and (2) trial counsel insisted that he plead guilty to avoid federal prosecution. After a thorough review of the record, we conclude that Petitioner has failed to show that his trial counsel rendered ineffective assistance of counsel, and we accordingly affirm the judgment of the post-conviction court. |
Hamilton | Court of Criminal Appeals | |
Beal Bank, SSB v. David and Connie Prince
Plaintiffs appeal the dismissal pursuant to Rule 12.02(6) of the Tennessee Rules of Civil Procedure of their claims for conspiracy, negligence, and negligent infliction of emotional distress arising from an alleged wrongful foreclosure.We affirm the trial court in all respects. |
Lawrence | Court of Appeals | |
The 4-J L.P. v. Scarbrough & Weaver, PLC et al.
In this case regarding title insurance company’s duty to seller of real property, the trial court found no factual dispute regarding the escrow agent’s apparent agency and granted summary judgment to title insurance company against seller of real property. Discerning no error, we affirm. |
Davidson | Court of Appeals | |
Connie Lou Jolley v. Ronald Van Jolley
In this divorce proceeding, Husband appeals the trial court’s determination that, pursuant to the unclean hands doctrine, he is not entitled to proceeds of property sold in a partition action. Finding no error, we affirm the trial court. |
White | Court of Appeals | |
Nicolle M. Johnson v. Brian Keith Johnson
Mother and Father were divorced, and Mother was named the primary residential parent of their three children. Mother remarried and decided to relocate to California. Father opposed the relocation and sought to be named the primary residential parent. By the time of hearing, relocation of only one child was at issue. Father introduced expert testimony that the relocation would pose a threat of specific and serious harm to the child that outweighed the threat of harm to the child from a change of custody, as set forth in Tenn. Code Ann. §36-6108(d)(1)(B). Relying on the expert’s testimony, the trial court denied Mother the opportunity to relocate with the child to California. Mother appealed, and we affirm the trial court’s judgment. |
Rutherford | Court of Appeals | |
State of Tennessee v. Robert Nelson Buford, III
A Davidson County Criminal Court Jury convicted the appellant, Robert Nelson Buford, III, of facilitation of first degree felony murder and facilitation of attempted especially aggravated robbery. After a sentencing hearing, the appellant received an effective thirty-five-year sentence. On appeal, he contends that (1) the evidence is insufficient to support the convictions; (2) the trial court should have suppressed his statement to police because he invoked his right to remain silent; (3) his prior bad acts were inadmissible; (4) the trial court should have given the jury a requested instruction; and (5) his effective sentence is excessive. Based upon the oral arguments, the record, and the parties’ briefs, we conclude that the trial court erred by admitting the appellant’s statement into evidence because the appellant invoked his right to remain silent but that the error was harmless. Therefore, we affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
Terry Suzanne Adkison Chambers v. Frank C. Chambers
Husband appeals the trial court’s award of alimony and partial attorney’s fees to Wife in this divorce action. Finding no abuse of discretion on the part of the trial court, we affirm. |
Fayette | Court of Appeals | |
State of Tennessee vs. Gary Adams
A Davidson County Criminal Court Jury convicted the appellant, Gary Adams, of four counts of aggravated rape. The trial court imposed four, consecutive sentences of twenty-five years for a total effective sentence of 100 years in the Tennessee Department of Correction. On appeal, the appellant challenges the sufficiency of the evidence sustaining his convictions, the trial court’s refusal to merge the convictions, and the sentences imposed by the trial court. Upon review, we affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
Shawn Blair v. State of Tennessee
The petitioner, Shawn Blair, appeals the post-conviction court’s dismissal of his petition for post-conviction relief from his two convictions for simple possession of marijuana and resulting consecutive sentences of eleven-months, twenty-nine days. On appeal, the petitioner contends that he is entitled to post-conviction relief because he was not advised by trial counsel or the trial court about the immigration consequences of his pleas. Upon review, we affirm the post-conviction court’s denial of the petition. |
Rutherford | Court of Criminal Appeals | |
In re Devonta L.C. et al
This is a termination of parental rights case focusing on three minor children (“the Children”). The defendants are Russell C. (“Father”) and Brandy C. (“Mother”). The Children were taken into custody by the Department of Children’s Services (“DCS”) in January 2008 because of repeated injuries sustained by the oldest child. DCS filed a petition to terminate the parental rights of both parents in April 2010, alleging numerous grounds for termination. Following a bench trial, the court granted the petition after finding, by clear and convincing evidence, that Father and Mother were in substantial noncompliance with the permanency plans and that the conditions leading to removal still persisted. However, the trial court found that severe child abuse was not proven. The court did find, by clear and convincing evidence, that termination is in the Children’s best interest. Father and Mother appeal. We reverse in part and affirm in part. Termination of the parents’ parental rights is affirmed. |
Knox | Court of Appeals | |
State of Tennessee v. Samuel Moore
A Warren County Circuit Court Jury convicted the appellant, Samuel Moore, of attempted first degree murder, aggravated assault, and assault. The trial court imposed a total effective sentence of thirty-one years in the Tennessee Department of Correction. On appeal, the appellant challenges the State’s failure to provide him with a verbatim transcript of the suppression hearing, the trial court’s denial of his motion to suppress, the sufficiency of the evidence supporting his convictions, and the sentences imposed. Upon review, we affirm the judgments of the trial court. |
Warren | Court of Criminal Appeals | |
State of Tennessee v. Antonio Starks
A Shelby County Criminal Court Jury convicted the appellant, Antonio Starks, of first degree felony murder and aggravated child abuse, and the trial court sentenced him to concurrent sentences of life and fifteen years, respectively. On appeal, the appellant contends that (1) the evidence is insufficient to support the convictions; (2) the trial court erred by allowing witnesses to testify about his previous abuse of the victim; (3) the trial court erred by refusing to allow him to question the victim’s mother about a prior conviction; (4) the trial court should have granted a mistrial when a police officer testified that the victim had been sexually abused; (5) the trial court should have given a curative instruction when the State made an improper comment during closing arguments; and (6) the trial court should have granted a new trial because the State failed to disclose that the victim’s mother received favorable treatment in return for her testimony. Based upon the record and the parties’ briefs, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
The Preserve at Forrest Crossing Townhome Association, Inc. v. Marsha DeVaughn and Keene Patterson
A townhome owner and her tenant challenge an amendment adopted by the owner’s townhome association prohibiting the owner from leasing her unit to a third party. The owner purchased her unit before there were any restrictions on leasing individual units. The amendment was adopted in accordance with the Horizontal Property Act and in accordance with the documents governing the units where she lives. The trial court granted the association’s motion for summary judgment enjoining the owner from renting her townhome to a third party and requiring the tenant to vacate the unit. On appeal we conclude the amendment is enforceable and affirm the trial court’s judgment. |
Williamson | Court of Appeals | |
Fredrick Milan v. State of Tennessee
Petitioner, Fredrick Milan, appeals the dismissal of his petition for post-conviction relief in which he alleged that he received ineffective assistance of trial counsel. More specifically he contends that (1) trial counsel failed to convey a twenty-five year offer by the State; and (2) trial counsel failed to call certain witnesses to testify at trial. After a thorough review of the record, we conclude that Petitioner has failed to show that his trial counsel rendered ineffective assistance of counsel, and we accordingly affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
Keenan W. Carroll v. Chandra P. Carroll
This case involves the issue of retroactive child support and whether the trial court appropriately denied Wife’s request. Husband’s divorce petition was pending for more than three years before Wife answered. During that time the parties were separated, and Husband made monthly car payments on Wife’s vehicle in an amount that exceeded what would have been his child support obligation. We conclude that Husband satisfied his child support obligations based on the unique facts of this case and affirm the trial court’s judgment. |
Montgomery | Court of Appeals | |
Coffee County Bank v. Robert Eugene Hulan and Sherry Renee Hulan
A bank filed a complaint against husband and wife to recoup money owed on a credit agreement after a foreclosure sale failed to produce sufficient funds to repay the loan in full. The trial court entered a judgment against the couple, and the couple appealed. We reverse the trial court’s judgment because the bank relied on two different versions of a credit agreement, thereby failing to prove the existence of an enforceable contract with definite terms. |
Coffee | Court of Appeals |