Ivan Charles Graves v. State of Tennessee
Petitioner, Ivan Charles Graves, appeals from the post-conviction court’s denial of his petition for post-conviction relief, claiming that he received the ineffective assistance of counsel at trial. Petitioner was convicted by a Knox County jury of first degree premeditated murder and felony murder in the perpetration of a kidnapping. The trial court merged Petitioner’s convictions and sentenced Petitioner to life in prison. Following an evidentiary hearing, the post-conviction court denied relief. After a careful review of the record, we conclude that Petitioner has failed to establish that he is entitled to post-conviction relief. Accordingly, the judgment of the post-conviction court is affirmed. |
Knox | Court of Criminal Appeals | |
Tammy Gipson v. State Farm Fire and Casualty Company, et al.
Following Appellant’s involvement in an automobile accident and the subsequent denial of coverage by her insurance company (the Appellee herein), Appellant brought the instant action against Appellee, alleging breach of contract, bad faith refusal to pay, violation of the Tennessee Consumer Protection Act, and intentional misconduct. The trial court granted summary judgment in favor of the Appellee. Appellant appeals. We conclude that there is a dispute of material fact as to the ownership of the subject vehicle; this dispute of material fact precludes summary judgment. Accordingly, we reverse the trial court’s order and remand for a hearing on the merits. Reversed and Remanded. |
Shelby | Court of Appeals | |
Lisa Howe, et al. v. Bill Haslam - Concur in Part
I agree with Judge Farmer’s conclusion that the claims arising from HB600’s |
Davidson | Court of Appeals | |
Lisa Howe, et al. v. Bill Haslam - Concur
In concur in the majority’s decision to affirm the trial court’s dismissal of the claims arising from HB600’s reordering of the political process. I also join Judge McBrayer in his determination that the claim of the Gay Straight Alliance of Hume Fogg Academic Magnet High School survives dismissal on standing grounds, as the State’s Answer to the original Complaint is insufficient to determine the applicability of HB600. |
Davidson | Court of Appeals | |
Tammy Gipson v. State Farm Fire and Casualty Company, et al.
I fully concur with the majority that the trial court’s grant of summary judgment should be reversed in light of the factual dispute over ownership of the automobile operated by Ms. Gipson at the time of the accident. |
Shelby | Court of Appeals | |
State of Tennessee v. Laquita Monique Hogan
This direct appeal presents a certified question of law pursuant to Rule 37(b)(2)(A) of the Tennessee Rules of Criminal Procedure. After the trial court denied her motion to suppress, Defendant, Laquite Monique Hogan, entered a guilty plea in the Maury County Circuit Court to facilitation of possession of a schedule II drug for sale and was sentenced to three years to be suspended and served on probation. Defendant properly reserved the following certified question of law: “whether there was a sufficient nexus that continued to persist at the time the search warrant was executed due to the fact that the location of the alleged sales was away from the residence and the affidavit does not include facts that Jason Coleman was seen coming and returning to his home from the sale which was to have occurred 96 hours ago; whether the alleged facts that Mr. Coleman was monitored leaving from his home and returning within 30 days of the execution of the warrant was stale information and whether the record supports the finding that both prongs of Aguil[]ar-Spinelli have been satisfied.” After a thorough review of the record and applicable authorities, we conclude that Defendant is not entitled to relief in this appeal. Accordingly, we affirm the trial court’s order denying Defendant’s motion to suppress, and we affirm Defendant’s judgment of conviction. |
Maury | Court of Criminal Appeals | |
State of Tennessee v. Michael Kizer
Michael Kizer (“the Defendant”) was convicted by a jury of two counts of aggravated robbery and one count of attempted aggravated robbery. Following a sentencing hearing, the Defendant received a total effective sentence of forty-five years’ incarceration. In this direct appeal, the Defendant contends that the trial court improperly severed his case from that of his co-defendant and that the trial court erred in allowing the State to reopen its proof in order to introduce the testimony of his co-defendant. After a thorough review of the record and the applicable law, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
Sherry Harper v. Bradley County, Tennessee
The issue presented on this appeal is whether a plaintiff who brings a health care liability action against a governmental entity under the Governmental Tort Liability Act (“the GTLA”) is entitled to the 120-day extension of the statute of limitations provided by Tenn. Code Ann. § 29-26-121(c)(Supp. 2014) under the current version of the Health Care Liability Act (“the HCLA”). This inquiry focuses on the effect of the 2011 amendment to the HCLA that expressly includes “claims against the state or a political subdivision thereof” within the definition of “health care liability action.” Applying the principles set forth by the Supreme Court in Cunningham v. Williamson Cnty. Hosp. Dist., 405 S.W.3d 41 (Tenn. 2013), we hold that the 2011 amendment demonstrates a clear intent on the part of the General Assembly to allow the GTLA’s one-year statute of limitations to be extended by 120 days in cases where a plaintiff satisfies the requirements of the HCLA. We affirm the judgment of the trial court denying defendant Bradley County’s motion to dismiss. |
Bradley | Court of Appeals | |
State of Tennessee v. Carl Miller Jr.
A Shelby County grand jury indicted Defendant, Carl Miller, Jr., for aggravated sexual battery, sexual battery by an authority figure, and rape. Defendant was tried before a jury. Over the objection of Defendant, the trial judge declared a mistrial based on manifest necessity. Thereafter, Defendant moved to dismiss the indictment based on double jeopardy. The trial court denied the motion. Defendant entered a plea of guilty to rape, reserving a certified question related to the trial court’s denial of the motion. Following our review of the record and the applicable law, we affirm the trial court’s denial of the motion to dismiss the indictment. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Ernest H. Pyle
Defendant, Ernest H. Pyle, was charged by presentment with two counts of especially aggravated kidnapping, two counts of aggravated kidnapping, and one count of resisting arrest. The trial court dismissed at the request of the State the two counts of aggravated kidnapping. A petit jury convicted Defendant of the remaining counts. The trial court properly merged Defendant’s two counts of especially aggravated kidnapping and sentenced Defendant to 25 years’ incarceration. In this appeal as of right, Defendant contends that the evidence was insufficient to support his conviction, and that trial court erred by not granting a mistrial after allowing evidence of a prior bad act. Having carefully reviewed the record before us and the briefs of the parties, we affirm the judgment of the trial court. |
Sevier | Court of Criminal Appeals | |
Terry D. Sanders v. State of Tennessee
The Petitioner, Terry D. Sanders, appeals the Houston County Circuit Court’s denial of his petition for post-conviction relief from his convictions for two counts of the sale of less than 0.5 gram of cocaine and his effective thirty-year sentence. The Petitioner contends that the trial court erred in denying a mistrial when the State’s confidential informant testified that the Petitioner was on community corrections, that he received the ineffective assistance of counsel, and that he was denied a fair trial due to cumulative errors in the conviction proceedings. We affirm the judgment of the post-conviction court. |
Houston | Court of Criminal Appeals | |
Christina June Quinn v. Scott Allen Diehl
Mother and Father were divorced in 2009 and Mother was named the primary residential parent of their two children. Father later filed a petition to modify the parenting plan, and the court changed the primary residential parent designation to Father. Mother filed one petition to modify in 2012 and another petition in 2014 in an effort to become the primary residential parent again. The court entered orders denying each petition, and Mother appealed both orders. We affirm the trial court’s judgments in all respects. |
Wilson | Court of Appeals | |
Christina June Quinn v. Scott Allen Diehl
Mother and Father were divorced in 2009 and Mother was named the primary residential parent of their two children. Father later filed a petition to modify the parenting plan, and the court changed the primary residential parent designation to Father. Mother filed one petition to modify in 2012 and another petition in 2014 in an effort to become the primary residential parent again. The court entered orders denying each petition, and Mother appealed both orders. We affirm the trial court’s judgments in all respects. |
Wilson | Court of Appeals | |
James Cullum, et al v. Baptist Hospital System, Inc., et al
This is an interlocutory appeal as of right pursuant to Tennessee Supreme Court Rule 10B from the trial court’s denial of a motion for recusal. Having reviewed the petition for recusal appeal pursuant to the de novo standard as required under Rule 10B, § 2.06, we affirm the trial court’s decision to deny the motion for recusal. |
Davidson | Court of Appeals | |
In Re: Kadean T.
The father and step-mother of the child at issue commenced this action to terminate the parental rights of the child’s mother and for step-parent adoption. The trial court terminated Mother’s parental rights on the grounds of abandonment by willful failure to support and by willful failure to visit the child, pursuant to Tenn. Code Ann. § 36-1-102(1)(A)(i), and upon the determination that termination of Mother’s rights was in the best interest of the child, pursuant to Tenn. Code Ann. §§ 36-1-113(c)(2) and (i). The trial court further determined that step-parent adoption was in the best interest of the child. Mother appeals. We affirm the determination that Mother abandoned her child pursuant to Tenn. Code Ann. § 36-1113(g)(1) by willfully failing to visit her child and by willfully failing to support her child during the four-month period preceding the filing of this petition. However, because the trial court failed to provide written findings of fact as mandated by Tenn. Code Ann. § 36-1-113(k), we reverse the trial court’s determination that termination of Mother’s parental rights was in the best interest of the child. Accordingly, we remand the issue of the child’s best interest to the trial court with instructions to provide written findings of fact on the issue of the child’s best interest and to enter judgment consistent with its findings. |
Dickson | Court of Appeals | |
Kaitlyn Alexis McGinnis, et al. v. Aubie L. Cox, et al
Plaintiffs presented Defendants with an offer of judgment pursuant to Rule 68 of the Tennessee Rules of Civil Procedure. Prior to Defendants’ acceptance, Plaintiffs attempted to rescind the offer. Defendants nevertheless accepted the offer within the time allowed by Rule 68 and attempted to enforce the offer of judgment. The trial court concluded that Plaintiffs were not entitled to revoke the offer of judgment and entered an order granting the motion to enforce the judgment. We affirm and remand. |
Giles | Court of Appeals | |
Adam Ellithorpe, et al v. Janet Weismark
Parents and minor child brought this action against a licensed clinical social worker, alleging that the social worker provided counseling to the minor child in violation of a court order. The social worker moved to dismiss the complaint for failure to comply with the Tennessee Health Care Liability Act’s procedural requirements. The trial court found that the complaint sounded in health care liability and accordingly dismissed it in its entirety. We conclude that the trialcourtapplied an improper standard in dismissing the complaint,vacate the judgment, and remand for further proceedings. |
Davidson | Court of Appeals | |
Reginald Maurice Adkins v. State of Tennessee
The Petitioner, Reginald Maurice Adkins, appeals the Davidson County Criminal Court’s denial of his petition for post-conviction relief from his 2010 convictions for first degree murder and attempted especially aggravated robbery and his life-plus-twelve-years sentence. The Petitioner contends that he received the ineffective assistance of counsel and that the post-conviction court erred by denying him relief. We affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
William L. Green v. State of Tennessee
The Petitioner, William L. Green, appeals the Davidson County Criminal Court’s denial of his petition for post-conviction relief from his 2010 conviction for second degree murder and his twenty-three-year sentence. The Petitioner contends that he received the ineffective assistance of counsel and that the post-conviction court erred by denying him relief. We affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
Jermaine Carlton Jordan v. State of Tennessee
Petitioner, Jermaine Carlton Jordan, pled guilty to one count of attempted first degree murder and one count of especially aggravated kidnapping in April 2007. Six years later, he filed a petition for writ of error coram nobis, claiming that he should be granted a new trial based on newly discovered evidence. The coram nobis court summarily dismissed his petition as time-barred. Petitioner appealed, arguing that due process considerations require tolling the statute of limitations. Upon thorough review of the record, we determine that Petitioner has neither alleged the nature of the evidence nor when it was discovered sufficiently for us to determine whether it qualifies as a later-arising ground for relief. Therefore, we hold that due process does not require tolling the statute of limitations. We affirm the decision of the coram nobis court. |
Davidson | Court of Criminal Appeals | |
Conley R. Fair v. State of Tennessee
The Petitioner, Conley R. Fair, appeals the Unicoi County Criminal Court’s denial of his petition for post-conviction relief from his 1997 convictions for first degree murder and attempted first degree murder and his life-plus-thirty-five-years sentence. The Petitioner contends that the post-conviction court erred by (1) denying him relief because he received the ineffective assistance of counsel and (2) failing to make findings of fact and conclusions of law regarding his claim that he was denied his right to confront witnesses. We affirm the judgment of the post-conviction court. |
Unicoi | Court of Criminal Appeals | |
Charles Hall v. State of Tennessee
The petitioner, Charles Hall, was convicted of aggravated robbery and sentenced, as a repeat violent offender, to life imprisonment without parole. This court affirmed the judgment of the trial court on direct appeal, and the Tennessee Supreme Court denied his application for permission to appeal. State v. Charles Hall, No. W2009-02569-CCA-R3-CD, 2010 WL 5271082, at *1 (Tenn. Crim. App. Dec. 10, 2010), perm. app. denied (Tenn. Apr. 12, 2011). Subsequently, he filed a timely petition for post-conviction relief, claiming that trial counsel was deficient in pursuing pretrial motions and making erroneous trial decisions. Following an evidentiary hearing, the post-conviction court determined both that the petitioner had failed to establish that trial counsel had been ineffective or that he had been prejudiced by counsel’s alleged misdeeds. Following our review, we affirm the post-conviction court’s denial of relief. |
Shelby | Court of Criminal Appeals | |
Kevin Womack v. State of Tennessee
On July 26, 2012, this court affirmed judgments regarding the petitioner, Kevin Womack, for possession of cocaine with intent to sell, possession of cocaine with intent to deliver, possession of a firearm with intent to employ in the commission of a dangerous felony, possession of drug paraphernalia, theft of property over $500, and tampering with evidence, reducing the theft conviction from a Class E felony to a Class A misdemeanor. State v. Kevin Womack, No. W2011-01827-CCA-R3-CD, 2012 WL 3055773, at *1 (Tenn. Crim. App. July 26, 2012). No application for permission to appeal was filed. On August 8, 2013, he filed a pro se petition for post-conviction relief, asserting that he did not file a Rule 11 application because his trial counsel had filed a motion to withdraw, “informing the petitioner his application [for permission to appeal] must [be] filed by September 24, 2012.” He argued that his post-conviction petition was timely because it was filed within one year of this date. The State responded that the petition was untimely, and the post-conviction court agreed, dismissing the petition for this reason. On October 15, 2013, the petitioner filed his notice of appeal regarding that dismissal. Following our review, we affirm the judgment of the post-conviction court’s dismissal of the petition. |
Madison | Court of Criminal Appeals | |
Lance Thomas Sandifer v. State of Tennessee
Petitioner, Lance Thomas Sandifer, was convicted of aggravated robbery, aggravated burglary, especially aggravated kidnapping, and aggravated rape. He was sentenced to an effective sentence of one-hundred and eight years in confinement. Petitioner appealed his convictions and sentence, and this court affirmed the judgments of the trial court. State v. Lance Sandifer, et al., No. M2008-02849-CCA-R3-CD (Tenn. Crim. App., Dec. 21, 2010) perm. app. denied (Tenn., May 26, 2011). A detailed summary of the facts underlying Petitioner’s convictions can be found in that opinion. Petitioner now appeals the trial court’s denial of his petition for post-conviction relief, in which he alleged that his trial counsel was ineffective. Having reviewed the record before us, we affirm the judgment of trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Robert Allen Lester, Jr.
Defendant, Robert Allen Lester, Jr., was indicted by the Dekalb County Grand Jury in fourteen separate cases for thirteen counts of burglary of a motor vehicle, one count of aggravated burglary, four counts of burglary, eleven counts of theft of property valued under $500, one count of theft of property valued over $500, and six counts of theft of property valued over $1,000. Subsequently, Defendant entered into negotiated guilty pleas to eleven counts of burglary of a motor vehicle, one count of aggravated burglary, and two counts of burglary. The plea agreement called for an effective sentence of eight years, the manner of service of the sentence to be determined by the trial court at a sentencing hearing. At the hearing, the trial court denied alternative sentencing and ordered Defendant to serve the sentence in incarceration. He appeals, challenging the denial of an alternative sentence. After our review of the record and applicable authorities, we determine that the judgment form in Case Number 2013-CR-127 should be corrected to reflect a conviction and sentence for burglary rather than auto burglary. Further, the matter is remanded to the trial court to resolve inconsistencies between the plea provisions and the corresponding judgments in order to yield an effective eight-year sentence and to correct any other clerical errors which may exist. We determine that the trial court did not abuse its discretion in denying an alternative sentence to Defendant due to his extensive criminal history, because measures less restrictive had been applied to Defendant in the past, and in order to avoid depreciating the seriousness of the offenses. Accordingly, the matter is affirmed in part and remanded in part. |
DeKalb | Court of Criminal Appeals |