Terry Arnold v. Courtyard Management Corporation
Terry Arnold (“Employee”) filed suit against Courtyard Management Corporation (“Employer”), alleging that she sustained a compensable injury to her neck on August 18, 2012. Employer provided medical and temporary partial disability benefits for a period of time. The last payment for medical treatment was issued on April 29, 2013. Employee requested additional medical treatment on May 5, 2014. Employer denied the claim based on the one-year statute of limitations. Tennessee Code Annotated section 50-6-203(b) , (c). Employee filed a request for assistance with the Department of Labor (“Department”) on May 7, 2014, and a request for benefit review conference (“BRC”) on May 13, 2014. The Department issued a “Benefit Review Report” on May 30, 2014. This action was filed on November 19, 2014. Employer filed a motion for summary judgment asserting that the claim was barred by the applicable statutes of limitation. The trial court denied Employer’s motion but granted Employer’s subsequent request for an interlocutory appeal. The Tennessee Supreme Court granted Employers’ application and referred the appeal to the Special Workers’ Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law pursuant to Tennessee Supreme Court Rule 51. We reverse the judgment. |
Shelby | Workers Compensation Panel | |
State of Tennessee v. Jermaine Carpenter
The defendant, Jermaine Carpenter, appeals the summary dismissal of his motion, filed pursuant to Tennessee Rule of Criminal Procedure 36.1, to correct what he believes to be an illegal sentence imposed for his 2004 Sullivan County Criminal Court jury convictions. Discerning no error, we affirm. |
Sullivan | Court of Criminal Appeals | |
State of Tennessee v. Travis Brooks
The petitioner, Travis Brooks, appeals the dismissal of his motion to correct an illegal sentence. He argues that he is entitled to relief because the trial court failed to award him appropriate pretrial jail credits. Following our review, we conclude that the petitioner has not stated a colorable claim for relief, and we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Kevin Ladell Grandberry
The defendant, Kevin Ladell Grandberry, was indicted for first-degree premeditated murder, murder in the perpetration of a felony, especially aggravated robbery, attempted first degree murder, employing a firearm during the commission of a dangerous felony, felon in possession of a weapon, and theft between $1000 and $10,000. Following trial, a jury found the defendant guilty of murder in the perpetration of a felony, especially aggravated robbery, aggravated assault, felon in possession of a weapon, and theft between $1000 and $10,000. The trial court sentenced the defendant to an effective sentence of life without the possibility of parole plus 27 years in confinement. On appeal, the defendant argues the evidence was insufficient to support his convictions. After review, we affirm the defendant's convictions, but remand to the trial court for entry of amended judgments reflecting, per the sentencing hearing transcripts, that the sentences in Counts 2 and 3 are to be served concurrently. |
Lauderdale | Court of Criminal Appeals | |
State of Tennessee v. Philemon Alexander
The Defendant, Philemon Alexander, was convicted of one count of theft of property valued at $1,000 or more but less than $10,000. See Tenn. Code Ann. § 39-14-103. In this appeal as of right, the Defendant contends that the evidence was insufficient to sustain his conviction, arguing that there was no proof of his possession of the stolen vehicle. Following our review, the judgment is affirmed. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Leonardo D. Williams
The defendant, Leonardo D. Williams, appeals the dismissal of his Tennessee Rule of Criminal Procedure 36.1 motion for correction of an illegal sentence, arguing that he illegally received concurrent sentences when he should have received consecutive ones. We affirm the summary dismissal of the motion pursuant to Rule 20, Rules of the Court of Criminal Appeals. |
Shelby | Court of Criminal Appeals | |
Tom Seaton v. Mona Johnson
The appellee brought a detainer warrant against the appellant. The general sessions court granted the warrant and the appellant appealed to the circuit court, but did not post the required bond. The circuit court dismissed the case and the appellant appealed. We find that appellant’s brief does not meet the argument and citation requirements of Tenn. R. App. P. 27(a)(7) and, therefore, consider appellant’s issues waived. The circuit court’s decision is affirmed. |
Washington | Court of Appeals | |
State of Tennessee v. Joseph A. Colwell, Sr.
Defendant, Joseph A. Colwell, Sr., appeals after being convicted by a jury of two counts of rape and two counts of incest and receiving an effective sentence of twenty years. Upon our review, we determine that the evidence was sufficient to support the convictions and that the trial court did not abuse its discretion in sentencing Defendant to a twenty-year sentence. Consequently, the judgments of the trial court are affirmed. |
Maury | Court of Criminal Appeals | |
In re Dustin L. et al.
This is a termination of parental rights case focusing on the six minor children of Tonya F. (“Mother”) and Joshua F. (“Father”). On February 9, 2015, the Tennessee Department of Children’s Services (“DCS”) filed a petition to terminate the parental rights of Mother and Father. DCS alleged as a basis for termination the statutory grounds of (1) failure to provide a suitable home, (2) substantial noncompliance with the permanency plans, and (3) persistence of the conditions leading to removal of the children. Following a bench trial, the trial court granted the petition upon its determination by clear and convincing evidence that DCS had proven all three statutory grounds alleged. The court further determined by clear and convincing evidence that termination of Mother’s and Father’s parental rights was in the children’s best interest. Mother and Father have appealed. Inasmuch as DCS has conceded that the elements of abandonment through failure to provide a suitable home were not proven as to either party, we reverse this statutory ground. We affirm the trial court’s judgment in all other respects, including the termination of Mother’s and Father’s parental rights to the children. |
Anderson | Court of Appeals | |
Robert Clark v. John Werther, et al.
The plaintiff, acting pro se, filed a complaint in this health care liability action without attaching a certificate of good faith. Several defendants filed motions to dismiss based on the missing certificate. The plaintiff responded to the motions and filed a notice of voluntary nonsuit. Some of the defendants objected to the voluntary dismissal, arguing the complaint should be dismissed with prejudice. The trial court dismissed the plaintiff’s claims against the non-objecting defendants without prejudice but dismissed the plaintiff’s claims against the objecting defendants with prejudice. The plaintiff appealed all of the court’s dismissal orders on numerous grounds. Upon review, we conclude that Rule 41.01 of the Tennessee Rules of Civil Procedure afforded the plaintiff the right to a voluntary dismissal without prejudice as to all defendants. Accordingly, we affirm in part, reverse in part, and remand to the trial court for further proceedings consistent with this opinion. |
Davidson | Court of Appeals | |
David H. McCord v. HCA Health Services of Tennessee, Inc.
Surgeon brought suit against a hospital alleging multiple causes of action, two of which were dismissed upon the hospital’s motion for dismissal for failure to state a claim for relief. Pursuant to Tenn. Code Ann. § 20-12-119(c), the hospital filed a motion seeking recovery of costs and attorneys’ fees related to the dismissal of the two claims; the trial court granted the motion. Plaintiff appeals. We find no error in the award and, accordingly, affirm the judgment. |
Davidson | Court of Appeals | |
State of Tennessee v. Michael D. Hernandez - concurring and dissenting
I agree with the majority's conclusion upholding the Defendant's conviction for rape of a child and his twenty-five-year sentence. Moreover, while I agree with the majority's conclusion that Ms. Powell's notes do not qualify as a “statement” of the victim pursuant to Tennessee Rule of Criminal Procedure 26.2, I write separately to address the issue of whether Ms. Powell's notes qualify as a “statement” of Ms. Powell as the testifying witness pursuant to Rule 26.2. |
Anderson | Court of Criminal Appeals | |
State of Tennessee v. Johnny Malcolm Vinson
The defendant, Johnny Malcolm Vinson, was convicted of aggravated assault in violation of an active order of protection pursuant to Tenn. Code Ann. § 39-13-102(c). On appeal, the defendant challenges the sufficiency of the evidence supporting his conviction arguing that conflicting testimony exists regarding his use of a deadly weapon and that the State failed to prove he acted with intent. After our review, we conclude that the defendant’s arguments are without merit. Accordingly, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Christopher Demotto Linsey
The defendant, Christopher Demotto Linsey, was indicted for tampering with evidence, possession of cocaine with intent to sell or deliver, simple possession of marijuana, possession of heroin, and simple possession of alprazolam. After trial, a jury found the defendant guilty of felony tampering with evidence and misdemeanor simple possession of marijuana, for which he received an effective twelve-year sentence. On appeal, the defendant argues the evidence was insufficient to support the trial court’s decision to deny his request for a renunciation jury instruction with respect to the tampering with evidence charge. The State concedes the evidence presented at trial was insufficient to support the defendant’s tampering with evidence conviction and asserts the jury instruction question has been pretermitted. Upon review, we agree with the State. We affirm the defendant’s conviction for simple possession of marijuana and reverse and vacate the defendant’s conviction for tampering with evidence. |
Montgomery | Court of Criminal Appeals | |
Joseph H. Johnston v. Tennessee State Election Commission, et al.
This appeal requires us to consider whether the plaintiff can bring a declaratory judgment action against the Tennessee State Election Commission in chancery court. We have reviewed the relevant authorities and have determined the plaintiff is not entitled to a declaratory judgment under the Uniform Administrative Procedures Act or the Declaratory Judgment Act. |
Davidson | Court of Appeals | |
State of Tennessee v. Michael D. Hernandez
An Anderson County Circuit Court Jury convicted the appellant, Michael D. Hernandez, of one count of rape of a child, and he received a twenty-five-year sentence to be served at 100%. On appeal, the appellant contends that the evidence is insufficient to support the conviction; that the trial court erred by refusing to give him access to the victim's statement in an investigator's notes; that the trial court erred by failing to conduct an in camera review of the notes for exculpatory material; that the trial court erred by denying his motion to suppress evidence found in his home; that the trial court erred by defining “on or about” for the jury; that the trial court erred by giving sequential jury instructions; and that cumulative error warrants a new trial. Based upon the oral arguments, the record, and the parties' briefs, we affirm the judgment of the trial court. |
Anderson | Court of Criminal Appeals | |
State of Tennessee v. James Walter Morgan
The Defendant, James Walter Morgan, was found guilty by a Hamblen County Criminal Court jury of theft of property valued at $500 or less, a Class A misdemeanor. See T.C.A. § 39-14-103 (2014). The trial court sentenced the Defendant to eleven months, twenty-nine days of supervised probation. On appeal, the Defendant contends that the trial court erred in denying his request for judicial diversion. We affirm the judgment of the trial court. |
Hamblen | Court of Criminal Appeals | |
State of Tennessee v. Guy B. Bernal
A Maury County jury found the Defendant, Guy B. Bernal, guilty of rape. The trial court sentenced the Defendant as a Range I offender to twelve years in the Tennessee Department of Correction. On appeal, the Defendant asserts that: (1) his right against self-incrimination was violated when the trial court did not conduct a proper Momon hearing; (2) the convicting evidence is insufficient; and (3) his twelve-year sentence is excessive. After a thorough review of the record and applicable law, we affirm the trial court’s judgment. |
Maury | Court of Criminal Appeals | |
State of Tennessee v. Oscar C. Wells
The defendant, Oscar C. Wells, appeals the summary dismissal of his motion, filed pursuant to Tennessee Rule of Criminal Procedure 36.1, to correct what he believes to be an illegal sentence imposed for his 2002 Shelby County Criminal Court jury conviction of first degree murder. Discerning no error, we affirm. |
Shelby | Court of Criminal Appeals | |
Penny Arvidson Richards v. Neil Kingsland Richards
In this divorce action, Penny Arvidson Richards (Wife) argues that the trial court’s judgment granting her a divorce and incorporating the parties’ marital dissolution agreement (MDA) should be set aside. Among other things, Wife alleges that she signed the MDA under duress and/or while she lacked the requisite mental capacity to do so. The trial court ruled that Wife failed to prove her defenses to the enforcement of the MDA. Wife appeals. We affirm. |
Sullivan | Court of Appeals | |
State of Tennessee v. Roy Daniel Mayo, II
A jury found the Defendant, Roy Daniel Mayo II, guilty of one count of attempted burglary, a Class A misdemeanor; one count of possession of burglary tools, a Class A misdemeanor; and one count of evading arrest while operating a motor vehicle, a Class E felony. The trial court imposed an aggregate sentence of six years in prison. The Defendant does not challenge his misdemeanor convictions. On appeal, he asserts that his evading arrest conviction should be reversed because the trial court’s jury instructions did not require the jury to find that the Defendant’s flight took place while he was operating the motor vehicle. Given the facts surrounding the Defendant’s conviction, in particular the proof regarding whether his flight was by means of a vehicle or on foot, we conclude that the jury instructions failed to fairly submit the legal issues and misled the jury as to the applicable law and that the error was not harmless. We accordingly reverse the Defendant’s felony evading arrest conviction, and we remand for new trial on that charge. |
Cheatham | Court of Criminal Appeals | |
Kimberly E. Lapinsky v. Janice E. Cook et al.
Kimberly E. Lapinsky (“Plaintiff”) appeals the order of the Chancery Court for Sevier County (“the Trial Court”) granting summary judgment to Janice E. Cook, Kevin D. Cook (“the Cooks”) and Brenda Brewster (“Brewster”) in this lawsuit that arose from the sale of a house by the Cooks to Plaintiff. Plaintiff raises issues on appeal with regard to whether the Trial Court erred in granting summary judgment and whether the Trial Court erred in failing to allow Plaintiff to conduct additional discovery prior to ruling on the motions for summary judgment. The Cooks raise an issue regarding whether the Trial Court erred in denying their motion for attorney’s fees pursuant to Tenn. Code Ann. § 47-18-109. We find and hold that the Trial Court did not abuse its discretion in refusing to allow further discovery, that the defendants made properly supported motions for summary judgment, and that Plaintiff failed to show that there is a genuine disputed issue of material fact. As the Cooks and Brewster made properly supported motions for summary judgment and are entitled to summary judgment, we affirm the grants of summary judgment. We further find and hold that the Trial Court did not abuse its discretion in denying the motion for attorney’s fees. |
Sevier | Court of Appeals | |
State of Tennessee v. Jeremy Jones
The defendant, Jeremy Jones, was convicted by a Shelby County Criminal Court jury of attempted first degree murder, a Class A felony; aggravated assault, a Class C felony; employment of a firearm during the commission of a dangerous felony, a Class C felony; and convicted felon in possession of a firearm, a Class C felony. The trial court imposed an effective term of twenty-five years in the Department of Correction. On appeal, he argues: (1) the evidence is insufficient to sustain his convictions; (2) the trial court failed to ensure an impartial jury venire; and (3) he is entitled to relief due to cumulative error at trial. After review, we affirm the judgments of the trial court. However, we remand for entry of a corrected judgment in Count 3 to check the box indicating that the defendant was found guilty in that count. |
Shelby | Court of Criminal Appeals | |
James F. Logan, Jr. et al. v. The Estate of Mildred Cannon et al.
This case involves a one-quarter ownership interest in an unimproved 7.18-acre tract of real property located in Bradley County, Tennessee (“the Property”). The plaintiff, attorney James F. Logan, Jr., asserts that he purchased a one-quarter interest in the Property from Sam and Mildred Cannon in 1974. Sam and Mildred Cannon were divorced in 1979, and Mr. Cannon remarried. Upon Mr. Cannon’s death in 2002, he was survived by his second wife, Yvonne, and two adult children from his marriage to Mildred Cannon. Prior to commencement of this action, Yvonne Cannon conveyed any interest she had in the disputed property to Mr. Logan via quitclaim deed. Mr. Logan, together with co-plaintiffs, who are co-tenants of the Property not participating in this appeal, subsequently filed this action in February 2011, seeking declaration of ownership in Mr. Logan’s name and clear title concerning his claimed one-quarter interest in the Property. They named as defendants Mildred Cannon; her daughter, both individually and in her capacity as trustee for Sam and Mildred Cannon’s son; and a successor trustee. The plaintiffs acknowledged that no deed reflecting Sam and Mildred Cannon’s purported conveyance to Mr. Logan had been recorded or could be produced. In the alternative, the plaintiffs pled adverse possession. Mildred Cannon died in September 2011, and her estate was substituted as a party in this action. The parties subsequently filed competing motions for summary judgment, with the defendants alleging that Mr. Logan’s claim could not satisfy the requirements of the Statute of Frauds and the plaintiffs amending their complaint to add alternative equitable theories of constructive trust and/or resulting trust. Following hearings, the trial court granted summary judgment in favor of the defendants. Mr. Logan appeals. We affirm the trial court’s findings that the evidence cannot satisfy the requirements of the Statute of Frauds or give rise to a constructive or resulting trust. We determine, however, that genuine issues of material fact exist regarding Mr. Logan’s claim of adverse possession, and we remand for further proceedings concerning this claim. We also determine that the trial court improperly found statements in an affidavit presented by an employee of Mr. Logan’s law firm to be inadmissible. We affirm the trial court’s judgment in all other respects. |
Bradley | Court of Appeals | |
State of Tennessee v. James Shettles
The Defendant, James Shettles, was convicted by a Shelby County Criminal Court jury of aggravated assault, a Class C felony, for which he is serving a four-year workhouse sentence on probation. See T.C.A. § 30-13-102 (Supp. 2012) (amended 2013). On appeal he contends that: (1) the evidence is insufficient to support his conviction, (2) the trial court erred in admitting a recording of a 9-1-1 call, and (3) the trial court erred in failing to remove a juror. We affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals |