David R. Smith v. The Tennessee National Guard
In 2014, the General Assembly enacted a statute waiving Tennessee’s sovereign immunity for claims brought against the State pursuant to the Uniformed Services Employment and Reemployment Rights Act of 1994, 38 U.S.C. §§ 4301 to 4335 (“USERRA”). The waiver of sovereign immunity became effective on July 1, 2014, and applied to USERRA claims “accruing on or after” that date. After passage of the statute, the plaintiff brought a USERRA claim against the defendant, an entity of the State, but his claim was based on facts that occurred prior to August 8, 2011. The trial court dismissed the claim, explaining that the claim accrued prior to July 1, 2014, and remained barred by sovereign immunity. The Court of Appeals reversed, holding that the claim accrued on July 1, 2014, when the plaintiff gained a judicial remedy by the enactment of the statute waiving sovereign immunity. We conclude that the claim accrued prior to July 1, 2014, and remains barred by sovereign immunity. Accordingly, we reverse the judgment of the Court of Appeals and reinstate the judgment of the trial court. |
Davidson | Supreme Court | |
Jimmy Earl McClure v. Christopher Shawn Cole, Et Al.
Personal injury action arising out of accident between a pickup truck and a dump truck hauling materials for a company that paved roadways. The pickup truck driver sued the driver of the dump truck and the paving company to recover for injuries he sustained in the accident. The trial court granted the paving company’s motion for summary judgment, holding that the driver of the dump truck was an independent contractor and that the paving company was not liable for the dump truck driver’s negligence. The injured driver appeals. Upon a thorough review of the record, we affirm the grant of summary judgment. |
Warren | Court of Appeals | |
Roderick Dewayne Crosby v. State of Tennessee
A Davidson County jury convicted the Petitioner, Roderick Dewayne Crosby, of four counts of aggravated kidnapping, three counts of aggravated robbery, one count of burglary, one count of aggravated assault, and one count of possession of a firearm during the commission of a dangerous felony, and the Petitioner received an effective sentence of thirty-four years. On appeal, this court affirmed the judgments. See State v. Roderick Dewayne Crosby, No. M2014-00914-CCA-R3-CD, 2015 WL 4197613, at *1 (Tenn. Crim. App., at Nashville, July 13, 2015), perm. app. denied (Tenn. Oct. 15, 2015). The Petitioner filed a post-conviction petition, and the post-conviction court denied relief following a hearing. On appeal, the Petitioner maintains that he received the ineffective assistance of counsel. After review, we affirm the post-conviction court’s judgment. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Lorenzoe Wilson
Lorenzoe Wilson (“the Defendant”) appeals the trial court’s revocation of his community corrections sentence and the imposition of his sentence of confinement, claiming that the trial court abused its discretion in finding that he violated the terms of alternative sentencing and that he should have been reinstated to community corrections. After a review of the record and applicable law, we conclude that the trial court did not abuse its discretion. The judgment of the trial court is affirmed. |
Robertson | Court of Criminal Appeals | |
State of Tennessee v. Harley Crosland
In this appeal, the State challenges the trial court’s application of the general savings statute to the Defendant’s theft conviction, which occurred prior to the amendment of the theft statute, see T.C.A. §§ 39-14-103 (2014) (theft); 39-14-105 (2014) (amended 2017). Because no appeal as of right lies for the State pursuant to Tennessee Rule of Appellate Procedure 3 or Tennessee Code Annotated section 40-35-402, this court lacks jurisdiction to review this issue. Accordingly, we dismiss this appeal. We nevertheless detect errors in the judgment and remand for entry of a corrected judgment to reflect a Class A misdemeanor consistent with the amended theft statute. |
Lewis | Court of Criminal Appeals | |
State of Tennessee v. Harley Crosland - Dissent
Believing that it is not a forced interpretation of Tennessee Code Annotated section 40-35-402(b)(1) to provide the State an avenue for appeal and thus convey appellate jurisdiction, I respectfully dissent. |
Lewis | Court of Criminal Appeals | |
In Re: Kylea K.
This appeal involves the termination of a father’s parental rights. The trial court found that grounds existed to terminate parental rights based on a prior adjudication of severe child abuse and abandonment by willful failure to visit and support. The trial court also found, by clear and convincing evidence, that termination was in the best interest of the child. The father appeals. We vacate the trial court’s finding regarding one ground for termination but otherwise affirm the order terminating parental rights |
Washington | Court of Appeals | |
Gillis Elliot v. Mike Robbins, Et Al.
This appeal arises from an action where the plaintiff sought to reform a deed that did not transfer a disputed acre of property to him. The plaintiff alleged that a mutual mistake had occurred and that both plaintiff and defendants had intended for the disputed acre to be sold. The trial court held that the mutual mistake existed and that the error was clear and convincing enough to allow for reformation of the deed. The defendants appeal. We affirm the decision of the trial court. |
Claiborne | Court of Appeals | |
In Re Estate of Alys Harris Lipscomb
The administrator of an estate appeals the trial court’s award of attorney fees to a beneficiary in a contempt action filed by him against the beneficiary. We reverse, holding that the trial court abused its discretion in its award of attorney fees because the fees awarded did not inure to the benefit of the estate. |
Shelby | Court of Appeals | |
In Re: Estate Of Andrew Thomas Peery, Jr.
The brother of a decedent filed a petition to admit to probate a purported holographic will. The decedent’s widow protested. After a hearing, the trial court ruled that the document was not a holographic will and that the decedent had died intestate. The brother appeals. We affirm. |
Blount | Court of Appeals | |
Donald Douglas Wright v. Angel Sims Wright
The appellant has filed a notice of appeal from an order denying her motion to alter or amend. Because the motion to alter or amend was not timely filed and the court has already dismissed the appellant’s prior appeal from the underlying judgment as untimely, we dismiss the appeal for lack of jurisdiction. |
Davidson | Court of Appeals | |
State of Tennessee v. Kentrell Lebron Lindsey
The Defendant, Kentrell Lebron Lindsey, appeals the trial court’s order requiring him to serve in confinement his effective six-year sentence for his guilty-pleaded convictions of possession of dihydrocodeinone, a Schedule III controlled substance, with the intent to sell or deliver; possession of oxycodone, a Schedule II controlled substance, with the intent to sell or deliver; and possession of a firearm with the intent to go armed during the commission of a dangerous felony. The trial court found that Tennessee Code Annotated section 39-17-1324(e), which required that the Defendant serve his three-year sentence for the firearm conviction in confinement and consecutively to his sentences for the drug convictions, rendered the Defendant statutorily ineligible for probation for his drug convictions. We conclude, and the State concedes, that the trial court erred in finding the Defendant statutorily ineligible for probation for his drug convictions. Accordingly, we reverse the trial court’s denial of probation for the drug convictions and remand the case for the trial court to consider the Defendant’s suitability for probation on his three-year sentences for the drug convictions. The trial court’s judgments are otherwise affirmed. |
Bradley | Court of Criminal Appeals | |
Edward Wilson v. State of Tennessee
The Petitioner, Edward Wilson, pled guilty to possession of heroin with the intent to sell, possession of cocaine with the intent to sell, and possession of marijuana with the intent to sell and to five misdemeanors, which consisted mainly of traffic offenses, in exchange for an agreed-upon effective sentence of twenty years of imprisonment as a Range II, multiple offender. He filed a timely post-conviction petition asserting that his trial counsel provided ineffective assistance by failing to inform him that he was pleading guilty to multiple offenses and by failing to litigate a motion to suppress. The postconviction court denied relief, finding that the Petitioner had failed to establish either deficiency or prejudice. After a thorough review of the record, we affirm the judgment of the post-conviction court. |
Knox | Court of Criminal Appeals | |
In Re: Amynn K.
This is a termination of parental rights case involving the parental rights of the father, William K. (“Father”), to his minor child, Amynn K. (“the Child”), who was four years of age at the time of trial. The Child was born in 2013 to Father and Amanda S. (“Mother”). In April 2013, the Hamilton County Juvenile Court (“trial court”) granted temporary legal custody of the Child to the Tennessee Department of Children’s Services (“DCS”). The Child was immediately placed in foster care, where he has remained since that date. Following a hearing, the trial court entered an order on June 24, 2013, adjudicating the Child dependent and neglected due to Mother’s abandonment of the Child at the hospital following his birth. On August 23, 2016, DCS filed a petition to terminate the parental rights of Mother and Father. Following a bench trial, the trial court terminated Father’s parental rights to the Child upon determining by clear and convincing evidence that Father had (1) abandoned the Child through conduct exhibiting wanton disregard for the welfare of the Child prior to Father’s incarceration, (2) failed to substantially comply with the requirements of the permanency plans, and (3) failed to manifest an ability and willingness to personally assume custody of and financial responsibility for the Child. The court also found clear and convincing evidence that termination of Father’s parental rights was in the best interest of the Child. Father has appealed. Discerning no reversible error, we affirm. |
Hamilton | Court of Appeals | |
State of Tennessee v. Howard P. Fisher
Following a bench trial, the Defendant, Howard P. Fisher, was convicted of aggravated assault and criminal trespass, for which he received a ten-year sentence and a $50 fine, respectively. On appeal, the Defendant argues (1) that the evidence was insufficient to support his conviction of aggravated assault; (2) that the trial court erred in granting the State a continuance for sentencing; and (3) that the trial court erred in denying his ineffective assistance of counsel claim. Upon review, we affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
Joseph Kantrell Norris v. State of Tennessee
The Petitioner, Joseph Kantrell Norris, appeals from the denial of post-conviction relief by the Williamson County Circuit Court. In this appeal, he argues that he received ineffective assistance of counsel. Upon our review, we affirm the judgment of the postconviction court. |
Williamson | Court of Criminal Appeals | |
Angela Michelle Newberry v. Jeremy Mack Newberry
In this post-divorce case, Angela Michelle Newberry appeals the trial court’s modification of the permanent parenting plan. She challenges the trial court’s decision to change the designation of primary residential parent from her to her former spouse, Jeremy Mack Newberry. She also attacks the court’s decree reducing her co-parenting time. We hold that father failed to meet his burden of establishing a material change in circumstances affecting the children’s well-being, as required by Tenn. Code Ann. § 36- 6-101(a)(2)(B) (2017). Consequently, we reverse the trial court’s judgment and reinstate the parenting plan as originally agreed to by the parties and ordered by the court in the final divorce judgment. |
Hamilton | Court of Appeals | |
In Re Seth Mc. Et Al.
A mother of four children had her parental rights terminated based on the grounds of abandonment by failure to support, abandonment by failure to provide a suitable home, abandonment by wanton disregard, substantial noncompliance with permanency plans, severe child abuse, and persistence of conditions. Mother appealed the trial court’s judgment. We affirm the termination of her rights as to all grounds other than abandonment by failure to support, abandonment by failure to provide a suitable home, and persistence of conditions. |
Dickson | Court of Appeals | |
In Re Aden H.
The mother and step-father of a child appeal the denial of their Petition to Terminate the Parental Rights of the father of the child on the grounds of abandonment by failure to support. Upon a thorough review of the record, we affirm the judgment of the trial court. |
Sumner | Court of Appeals | |
Kevin Clark v. State of Tennessee
An Overton County jury convicted the Petitioner, Kevin Clark, of two counts of first degree premeditated murder, two counts of aggravated assault, one count of reckless endangerment, one count of aggravated arson, and one count of abuse of a corpse. The trial court sentenced him to an effective sentence of two consecutive life sentences. This court affirmed the trial court’s judgments on appeal. State v. Kevin Clark, No. M2912- 01744-CCA-R3-CD, 2013 WL 6145812 (Tenn. Crim. App., at Nashville, Nov. 21, 2013), perm. app. denied (Tenn. Apr. 8, 2014). The Petitioner filed a petition for postconviction relief in which he alleged, as relevant on appeal, that the post-conviction court erred when it denied his petition for post-conviction relief because: (1) he was deprived of his right to an impartial jury because of an improper communication between a juror and a witness; and (2) he received the ineffective assistance of counsel at trial. He further contended that the post-conviction court erred when it: (1) did not limit the scope of cross-examination of the Petitioner’s witness to questions relevant to the post-conviction petition; and (2) did not consider all the issues presented in his petition for postconviction relief. After review, we affirm the post-conviction court’s judgment. |
Overton | Court of Criminal Appeals | |
State of Tennessee v. Lisa Edwards
Following the denial of her application for pretrial diversion, the defendant, Lisa Edwards, petitioned the Knox County Criminal Court for a writ of certiorari. The trial court denied the petition for writ of certiorari but granted the defendant’s request for an interlocutory appeal pursuant to Rule 9 of the Tennessee Rules of Appellate Procedure. Because we find no abuse of discretion, we affirm the denial of pretrial diversion in this case. |
Knox | Court of Criminal Appeals | |
Bobby Chism v. State of Tennessee
The Petitioner, Bobby Chism, appeals the Shelby County Criminal Court’s denial of post-conviction relief from his guilty plea to two counts of aggravated robbery, one count of aggravated burglary, and one count of employment of a firearm during the commission of a dangerous felony. The Petitioner argues that his guilty plea was involuntary and that he received ineffective assistance of counsel. We affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
Desiree Daniels Disterdick v. John Disterdick
In this divorce action presenting issues concerning the classification and distribution of the parties’ assets, the trial court determined that an oil and gas investment purchased during the marriage was the wife’s separate property, as was her engagement ring. The trial court fashioned an equitable distribution of the parties’ marital property and debts and denied the wife’s claim for alimony. In doing so, the trial court excluded any consideration of assets formerly owned by the parties that were held by a trust at the time of trial. The husband has appealed. Discerning no error, we affirm. |
Hamilton | Court of Appeals | |
In Re: D.T.
In this termination of parental rights case, the Department of Children’s Services filed a petition to terminate the rights of R.T. with respect to his child, D.T.1 At trial, DCS alleged a single ground for termination: persistence of conditions. The court found clear and convincing evidence. By the same quantum of proof, the court also found that termination is in the child’s best interest. Father appeals. We affirm. |
Bradley | Court of Appeals | |
In Re: Dakota M. Et Al.
Father’s rights to his son were terminated based upon his stipulation that the Department of Children’s Services could prove that grounds to terminate existed and upon the Court’s conclusion that termination was in the child’s best interest. Father appeals. Upon our review, we conclude that Father’s stipulation that the evidence satisfied the statutory grounds for termination was a nullity. We also conclude that the trial court’s order does not contain adequate factual findings with respect to the grounds for termination to provide for a meaningful review. Accordingly, we vacate the judgment of the court and remand the case. |
Loudon | Court of Appeals |