James Massengale v. Tennessee Board of Probation and Parole et al.
Appellant is a prisoner challenging a decision of the Tennessee Board of Probation and Parole. After the Board denied him parole, the appellant filed a common law writ of certiorari in the trial court. The trial court denied the appellant’s discovery motions and dismissed his petition with prejudice. We find no error in the trial court’s decision. |
Davidson | Court of Appeals | |
State of Tennessee v. Steven Wayne Wilson
A Sequatchie County Circuit Court jury convicted the defendant, Steven Wayne Wilson, of first degree felony murder,see T.C.A.§ 39-13-202(a)(2),and especially aggravated burglary, see id. § 39-14-404. Following the jury’s verdicts, the trial court modified the especially aggravated burglary conviction to aggravated burglary by operation of law, see id. § 39-14404(d), and imposed an effective sentence of life in prison with the possibility of parole, also by operation of law, see id. § 39-13-208(c). On appeal, the defendant contends that (1) the evidence is insufficient to support his convictions, (2) the trial court erroneously denied his motion to suppress, (3) the trial court erroneously admitted and excluded evidence during Agent Mark Wilson’s testimony,(4) the trial court erroneously admitted expert testimony via an unqualified witness,(5)the State failed to disclose exculpatory evidence,(6)the trial court erroneously instructed the jury regarding the elements of felony murder as charged in this case, (7) the trial court’s rulings and comments evinced judicial bias requiring recusal, (8) the trial court erroneously excluded as hearsay the statements of two witnesses, (9) the trial court erroneously admitted the autopsy report as an exhibit at trial, (10) the trial court erroneously admitted physical evidence without establishing a proper chain of custody, (11) the overall conduct of the trial deprived the defendant of his right to a fair trial under the Tennessee Constitution, and (12) the cumulative effect of the trial errors deprived the defendant of his right to a fair trial. Following an extensive review, we determine that the evidence is sufficient to support the convictions and that the trial court committed no reversible error. Accordingly, we affirm the judgments of the trial court. |
Sequatchie | Court of Criminal Appeals | |
Ulysses Durham, Jr. ex rel. Ulysses Durham, III, a minor v. John Noble, et al.
This appeal arises out of a lawsuit brought by the parents of a minor child who was struck by a school bus while riding his bicycle. The matter proceeded to a bench trial, and the trial court found that the child was 58% percent at fault for the accident and that the defendants were 42% at fault; judgment was entered in favor of the defendants. Plaintiffs appeal. The trial court’s finding that the child was negligent was proper, and the evidence does not preponderate against the court’s allocation of fault between the parties; the judgment is affirmed in all respects. |
Rutherford | Court of Appeals | |
Norma O'Neal v. Nationwide Mutual Fire Insurance Co., et al
On May 23, 2012, this Court entered an order directing Nationwide Mutual Fire Insurance Company (“Defendant”) to show cause why this appeal should not be dismissed as premature. Defendant responded to the show cause order and admitted that claims under the Tennessee Consumer Protection Act remain outstanding. We dismiss this appeal for lack of a final judgment. |
Hamilton | Court of Appeals | |
Edward Lee Carruth v. City of Etowah
The City of Etowah appeals a decision of the trial court leaving in place an injunction prohibiting the City from demolishing a house owned by the plaintiff, Edward Lee Carruth. The City’s Building Inspector, on behalf of the City, directed that the house be demolished. He acted pursuant to a city ordinance governing the clearing of unsafe structures. Carruth filed a complaint seeking (1) judicial review of the administrative ruling or, in the alternative, (2) review by writ of certiorari. The trial court issued the writ and entered a temporary restraining order prohibiting the City from demolishing or otherwise destroying the house. Following a bench trial, the court found that (1) there was inadequate proof to sustain the City’s action; (2) Carruth did not receive a hearing from the City prior to the City’s action; (3) the City failed to make findings of fact, as required by statute, in support of its decision; and (4) the cost of repairing the house was less than fifty percent of its value. The City challenges each of the trial court’s determinations and it further challenges the trial court’s conduct of a hearing on a common-law writ of certiorari. Finding no reversible error, we affirm the trial court’s judgment. |
McMinn | Court of Appeals | |
Alonzo Quawndell Vinson v. State of Tennessee
Petitioner, Alonzo Quawndell Vinson, appeals the post-conviction court’s dismissal of his petition for post-conviction relief following an evidentiary hearing. The sole ground for relief presented at the hearing was that Petitioner’s sentence for aggravated assault, imposed pursuant to a negotiated plea agreement, is illegal, and the judgment of conviction is therefore void. After a thorough review of the record and the briefs, we affirm the judgment of the post-conviction court pursuant to Rule 20 of the Rules of the Court of Criminal Appeals of Tennessee. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Randall Mason Nunn
Defendant, Randall Mason Nunn, pursuant to a plea agreement, pled guilty in the Criminal Court of Sullivan County to misdemeanor theft of services, a Class A misdemeanor, and to the Class A misdemeanor offense of failure to appear. Pursuant to the agreement, he received concurrent sentences of 11 months and 29 days with a 75% service of the effective sentence prior to eligibility for work release, furlough, trusty status, and related rehabilitative programs. The issue of whether Defendant would serve his sentence totally in confinement or by some other alternative sentence was to be determined by the trial court on a later date announced in open court and acknowledged by Defendant. Defendant, whowas represented by counsel throughout the proceedings, failed to appear for his scheduled sentencing hearing, or for any of the three subsequently scheduled sentencing hearings. Each time Defendant’s counsel announced that Defendant had just reported to counsel that Defendant’s child had a medical condition which required Defendant’s presence at hospitals in Knoxville and later in Nashville. The trial court held the last scheduled hearing with Defendant absent and ordered Defendant to serve his entire sentence. Defendant appeals, arguing he should have been granted alternative sentencing. We affirm the judgments of the trial court. |
Sullivan | Court of Criminal Appeals | |
State of TN ex rel Patricia Kimbrough v. Brian Hales
In 1991, the parties divorced via a Final Decree which decreed that the husband was not the father of the wife’s expected child. In 2010, the State moved toestablish the husband’s paternity and for Rule 60.02 relief. The trial court denied the State’s requests finding the 1991 paternity determination res judicata. Because we find the paternity provision void as against public policy, we find the trial court erred in dismissing the State’s Motion to Establish Paternity and its motion for Rule 60.02 relief. The case is remanded for further proceedings consistent with this opinion. |
Carter | Court of Appeals | |
State of TN ex rel Patricia Kimbrough v. Brian Hales - Partial Concurrence
I agree fully with the majority’s conclusions in this case. I write separately only because I would use different reasoning for holding that the trial court erred in applying the doctrine of unclean hands. |
Carter | Court of Appeals | |
State of Tennessee v. Joshua Shell
Defendant, Joshua Shell, appeals from the trial court’s order which revoked Defendant’s probation and ordered him to serve by incarceration his effective sentence of four years for one count of burglary, three counts of vehicle burglary, and four counts of theft. The State concedes error in the trial court’s proceedings and admits the case must be remanded for a probation violation hearing. We agree and reverse the judgment of the trial court and remand for a probation violation hearing. |
Union | Court of Criminal Appeals | |
In the Matter of: Steven P.D. (D.O.B. 02/24/2007 and Dalton D. (D.O.B. 05/19/2008), Children Under Eighteen (18) Years of Age
This is a termination of parental rights case. The trial court concluded that it was in the best interests of the children to terminate the parental rights of Mother and Father on the grounds of abandonment by incarcerated parents, substantial noncompliance with the permanency plans, and persistence of conditions. On appeal, Mother and Father argue that DCS did not clearly and convincingly prove grounds for termination. Father further argues that DCS did not clearly and convincingly prove that termination was in the best interests of the children. Finally, Mother and Father argue that DCS failed to make reasonable efforts to reunify them with their children. After thoroughly reviewing the record, we affirm. |
Henry | Court of Appeals | |
State of Tennessee v. Tarik Thompson
A Shelby County jury convicted the Defendant, Tarik Thompson, of two counts of unlawful possession of dihydrocodeinone, a schedule III drug. The trial court merged the offenses, assessed a two thousand dollar fine, and sentenced the Defendant to eighteen months in the workhouse as a range one offender. On appeal, the Defendant contends: (1) the evidence is insufficient to sustain the Defendant’s conviction for one of the two counts of unlawful possession of dihydrocodeinone; and (2) the trial court committed plain error by failing to instruct the jury on the valid prescription exception to the offense of simple possession of dihydrocodeinone. After a thorough review of the record and relevant authorities, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Michael Gooding
After a jury trial, Defendant Michael Gooding was convicted of third offense driving under the influence of an intoxicant (DUI). The trial court sentenced him to serve 160 days in the county workhouse. Defendant’s sole issue on appeal is a challenge to the sufficiency of the evidence to sustain the conviction of DUI. We affirm the conviction of DUI, third offense, but remand for entry of a corrected judgment setting forth the correct sentence of 11 months and 29 days, with all but 160 days suspended for DUI, third offense, and for designation that counts 1, 2, and 4 are merged with count 3. |
Shelby | Court of Criminal Appeals | |
Kenneth Rich v. State of Tennessee
Petitioner, Kenneth Rich, appeals from the habeas corpus trial court’s order dismissing, without an evidentiary hearing, the petition for writ of habeas corpus relief filed by Petitioner. After reviewing the entire record, we affirm the judgment of the habeas corpus court. |
Lake | Court of Criminal Appeals | |
Terry Mullins v. Alfred L. Locke, et al
Terry Mullins (“the Plaintiff”) filed this action seeking a declaratory judgment and an injunction to prohibit landowners (collectively “the Defendants”) to his south from using a driveway they constructed across his property. Following a bench trial, 1 the court dismissed the Plaintiff’s complaint. The court held that the proof established that the Defendants had a prescriptive easement over the Plaintiff’s property. The Plaintiff appeals. We remand to the trial court for the purpose of allowing that court to correct a defect in the record. |
Rhea | Court of Appeals | |
Griffith Services, LLC, et al v. Arrow Gas & Oil, Inc.
This appeal is from an order of the trial court entered February 23, 2012, which order denied the motion of the plaintiffs below, as later supplemented, seeking to amend, alter or set aside a prior order of the trial court dismissing the plaintiffs’ complaint. The order appealed from is not a final order. Accordingly, the plaintiffs’ appeal is hereby dismissed. |
Anderson | Court of Appeals | |
Wells Fargo Bank, N.A. v. Mark L. Holton, et al
The defendants filed a notice of appeal in the trial court seeking to appeal the court’s order of May 11, 2012. That order is not a final judgment. Accordingly, the defendants’ putative appeal is hereby dismissed. |
Hamilton | Court of Appeals | |
J.M. Hanner Construction Co. v. Thomas Brothers Construction Co.
The plaintiff filed suit against the defendants to recover monies alleged to be due the plaintiff on two construction projections. The first complaint was involuntarily dismissed. The defendants averred that the plaintiff’s claims against them in the second complaint are barred by the doctrine of res judicata. The trial court found that the involuntary dismissal was not an adjudication on the merits. The defendants pursued this interlocutory appeal. We affirm the decision of the trial court. |
Hamilton | Court of Appeals | |
Charles Raymond Loveday, et al v. Blount County, Tennessee, et al
Charles Raymond Loveday and his wife, Virginia Hope Loveday (collectively “the Plaintiffs”), filed this action in January 2011 against Blount County and the Blount County School Board (collectively “the Defendants”) to recover for flood damage to their property allegedly caused by the construction of a new school next to the Plaintiffs’ property. The school was built in 2007. The Plaintiffs allegedly sustained “permanent” damage in 2008, 2009 and 2010. The Defendants filed a motion to dismiss asserting that the action was barred by the statute of limitations for a taking. The trial court granted the motion. The Plaintiffs appeal. We affirm. |
Blount | Court of Appeals | |
Erie Insurance Exchange v. Gary Rose, Individually and d/b/a American Masonry and Capital Builders, LLC
Defendant in a lawsuit filed in Williamson Countyappeals the dismissal of its separate action filed in Davidson County seeking a declaratory judgment; the Davidson County action was dismissed on the basis of prior suit pending. Finding no error, we affirm. |
Davidson | Court of Appeals | |
In Re Ashley E., Robert E., Jr. and Evan E.
Parents appeal the termination of their parental rights to three children, contending that the court erred in finding that the Department of Children’s Services complied with the notice requirements of Tenn. Code. Ann. § 37-2-403. We affirm the judgment terminating parental rights. |
Montgomery | Court of Appeals | |
In Re Estate of Robert Beazley, Jr.
This case concerns a dispute over attorney’s fees. Attorney, who was hired to represent a client in connection with the probate of her uncle’s estate, sued his former client and the beneficiaries of the estate under theories of civil conspiracy and inducement of breach of contract. Court found in favor of attorney and held the attorney was entitled to $20,000 in damages. The court trebled the damages in accordance with Tenn. Code Ann. § 47-50-109. Finding that the evidence preponderates against the trial court’s holding regarding inducement of breach of contract, we reverse the judgment of the trial court. |
Davidson | Court of Appeals | |
Barry W. Bethel, et al. v. Neill Sandler Buick Pontiac GMC, Inc., et al.
This is an appeal of a jury verdict in favor of Plaintiff in an action for misrepresentation and breach of contract. The jury returned a general verdict finding Defendant liable and awarding Plaintiff $62,083.18 in compensatory damages. Defendant appeals, asserting that the elements of misrepresentation are not supported by the evidence and that the jury was improperly instructed on the issue of damages. We hold there is substantial and material evidence in supportof a finding that Defendant breached the contract between the parties and affirm the jury’s verdict in all respects. |
Rutherford | Court of Appeals | |
Deborah Mason Hawkins, as Administratrix of the Estate of Wayne Hawkins, Deceased, and Deborah Mason Hawkins, Individually, v. Rodney A. Martin, M.D., et al.
The trial court granted Defendants’ motion to dismiss in this medical malpractice action where Plaintiff failed to attach a HIPPA compliant medical authorization to her notice to Defendants prior to filing her complaint as required by Tennessee Code Annotated 29-26-121. Plaintiff appeals. We vacate and remand for further proceedings. |
Shelby | Court of Appeals | |
Phedrek Davis v. State of Tennessee
The Petitioner, Phedrek Davis, appeals from the Davidson County Criminal Court’s summary dismissal of his petition for writ of error coram nobis. In this appeal as of right, the Petitioner contends that the coram nobis court erred by summarily dismissing his petition. Following our review, we affirm the judgment of the coram nobis court. |
Davidson | Court of Criminal Appeals |