Opinions
State of Tennessee v. Courdarrius Perkins
A Shelby County jury convicted Defendant, Courdarrius Perkins, of first-degree felony |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Dale Anthony Wilbourn
The Defendant, Dale Anthony Wilbourn, was convicted of the offenses of evading arrest |
Madison | Court of Criminal Appeals | |
Ladon Antoine Doak v. State of Tennessee
Petitioner, Ladon Antoine Doak, appeals the denial of his post-conviction petition, arguing that the post-conviction court erred in finding that he received the effective assistance of counsel at trial. Following our review of the entire record and the briefs of the parties, we affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Gregory Lavelle Lilly
The Appellant, Gregory Lavelle Lilly, appeals the trial court’s order denying his motion for a reduction of sentence. Tenn. R. Crim. P. 35. Upon review of the motion filed by appointed counsel, and in light of the record on appeal, the Court hereby affirms the order of the trial court. |
Sumner | Court of Criminal Appeals | |
State of Tennessee v. Michael E. Odom
Defendant, Michael E. Odom, was convicted by a Houston County jury of assault and elder abuse. The trial court imposed a two-year sentence, suspended to supervised probation after sixty days of incarceration. Defendant appeals the trial court’s order denying his motion for a new trial. On appeal, Defendant argues that the jury instruction on elder abuse was incomplete and that the trial court improperly commented on matters of fact during trial testimony. Following our review of the entire record, the briefs of the parties, and oral argument, we affirm the judgments of the trial court. |
Houston | Court of Criminal Appeals | |
Charter Communications Operating, LLC v. Madison County, et al.
This appeal involves a bid awarded by a county finance department and upheld by the |
Madison | Court of Appeals | |
State of Tennessee v. Deshawn Eugene Williams
Defendant, Deshawn Eugene Williams, appeals from the Davidson County Criminal Court’s revoking his probation and ordering him to serve his previously ordered probationary sentence of ten years in confinement. On appeal, Defendant argues the trial court abused its discretion by failing to give him credit for time successfully served while on probation. After review, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
Blue Water Bay at Center Hill, LLC Et Al. v. Larry J. Hasty Et Al.
This appeal concerns the enforceability of a promissory note and a coguarantor’s right to seek contribution from another guarantor. The note and guaranties were assigned several times and, at one point, held by the coguarantor. On a motion for summary judgment, the trial court concluded on the undisputed facts that the promissory note had been discharged and that there was no right to contribution. We conclude that the promissory note was not discharged but agree that there was no right to contribution. |
Williamson | Court of Appeals | |
Jerry W. Phillips v. Martin Frink, Warden
Jerry W. Phillips, Petitioner, appeals from the summary dismissal of his habeas corpus petition in which he claimed his convictions were void because there was a fatal variance between the proof at trial and the indictment and that the proof at trial, which differed from the proof at the preliminary hearing, constructively amended the indictment. After a thorough review of the record and the applicable law, we affirm the judgment of the habeas court. |
Trousdale | Court of Criminal Appeals | |
Kim Brown v. Shelby County Schools
This appeal involves the termination of a tenured teacher for the cause of inefficiency. |
Shelby | Court of Appeals | |
State of Tennessee v. Charles Anderson Clark, Jr.
The pro se Petitioner, Charles Anderson Clark, Jr., appeals the denial of his motion to |
Henderson | Court of Criminal Appeals | |
State of Tennessee v. Kyanedre Oshea-Malik Benson
The Defendant, Kyanedre Oshea-Malik Benson, was convicted in the Haywood County Circuit Court of one count of employing a firearm during the attempt to commit voluntary manslaughter, a Class C felony; one count of possession of a firearm by a convicted felon, a Class C felony; one count of attempted voluntary manslaughter, a Class D felony; ten counts of reckless aggravated assault, a Class D felony; and one count of reckless endangerment with a deadly weapon, a Class E felony. After a sentencing hearing, he received an effective sentence of sixty-two years in confinement. On appeal, the Defendant claims that the evidence is insufficient to support his convictions of attempted voluntary manslaughter and employing a firearm during the attempt to commit voluntary manslaughter and that the trial court erred by refusing to merge one of his convictions of reckless aggravated assault into his conviction of attempted voluntary manslaughter. Upon review, we affirm the judgments of the trial court. |
Haywood | Court of Criminal Appeals | |
In Re Leah T.
In this case involving a petition to terminate the mother’s parental rights to her child and to allow the petitioners to adopt the child, the trial court determined that three statutory grounds for termination had been proven by clear and convincing evidence. The trial court further determined that the petitioners had provided clear and convincing evidence that termination of the mother’s parental rights was in the child’s best interest. The mother has appealed the best interest determination. Upon our review, we affirm the trial court’s finding as to the statutory grounds of abandonment through failure to support, abandonment through failure to visit, and severe abuse of the child’s sibling. However, having determined that under the facts of this case, the trial court erred in applying the statutory best interest factors applicable to the initial termination petition rather than those applicable to the amended petition, we reverse the trial court’s best interest finding and remand for reconsideration applying the amended best interest factors contained in Tennessee Code Annotated § 36-1-113(i) (Supp. 2022). |
Rutherford | Court of Appeals | |
Fred Whitley, Jr. v. Metropolitan Nashville Board of Education
Appellant, a tenured teacher employed by Metropolitan Nashville Public Schools, was involved in an altercation with students at an alternative high school. Subsequently, Appellee Metropolitan Nashville Board of Education (the “Board”) terminated Appellant’s employment. After exhausting his administrative remedies, Appellant filed an action with the trial court arguing that the Board exceeded its authority under the Teachers’ Tenure Act. The trial court vacated the Board’s decision on the ground that the Board violated the Open Meetings Act. We affirm the trial court’s decision on different grounds, i.e., that the Board committed a clear error of law when it conducted a third hearing concerning the termination of Appellant’s employment. We also conclude that Appellant is entitled to reinstatement and back pay. There is nothing further for the Board to do; accordingly, we reverse the trial court’s order of remand. |
Davidson | Court of Appeals | |
State of Tennessee v. Darius Henderson
In this appeal from a resentencing hearing, the Defendant, Darius Henderson, challenges |
Madison | Court of Criminal Appeals | |
Michael Bailey v. State of Tennessee
Petitioner, Michael Bailey, appeals from the Shelby County Criminal Court’s summary |
Shelby | Court of Criminal Appeals | |
Martiness Henderson v. State of Tennessee
Petitioner, Martiness Henderson, appeals from the Shelby County Criminal Court’s order denying his petition for post-conviction relief, in which he alleged that he received the ineffective assistance of counsel at trial. Having reviewed the entire record and the briefs of the parties, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
In Re Stephanie D. Et Al.
A father appeals an order transferring jurisdiction over his minor children to West Virginia. Because the father did not file his notice of appeal with the clerk of the appellate court within thirty days after entry of the final order as required by Tennessee Rule of Appellate Procedure 4(a), we dismiss the appeal. |
Sumner | Court of Appeals | |
Madison Holdings, LLC ET AL. v. The Cato Corporation
In litigation commenced by landlord to recover unpaid rent, the tenant asserted a |
Madison | Court of Appeals | |
In Re Destyni S. Et Al.
In this case involving termination of the mother’s parental rights to her two children, the Lawrence County Chancery Court (“trial court”) determined that seven statutory grounds for termination had been proven by clear and convincing evidence. The trial court further determined that clear and convincing evidence demonstrated that termination of the mother’s parental rights was in the children’s best interest. The mother has appealed. Discerning no reversible error, we affirm. |
Lawrence | Court of Appeals | |
Tennessee Farmers Mutual Insurance Company, Inc. v. Linda Linkous Et Al.
The trial court held that an insurance company properly denied an insured’s claim for property loss arising out of a fire. The trial court found that the denial was supported by two grounds: (1) that the property was not “occupied” as defined by the policy at the time of the fire and, therefore, the policy did not cover the loss, and (2) that the policy was voided by the insured’s misrepresentations relating to the loss. We affirm the trial court’s decision. |
Fentress | Court of Appeals | |
State of Tennessee v. Daryl Deangelo Rollins
Defendant, Daryl Deangelo Rollins, pled guilty to one count of reckless vehicular homicide |
Knox | Court of Criminal Appeals | |
Eric Todd Sparks v. Rachel Collins Sparks
Eric Todd Sparks (“Husband”) and Rachel Collins Sparks (“Wife”) were divorced by order of the Chancery Court for Bradley County (the “trial court”) on December 2, 2021. In addition to $693 in monthly child support, the trial court ordered Husband to pay Wife $750 per month in alimony in futuro. The trial court also ordered that once the parties’ minor child, who was nine years old at the time of trial, reached the age of majority, Husband’s alimony in futuro obligation would automatically increase to $1,250 per month. Husband timely appealed to this Court. We affirm the trial court’s decision to award Wife alimony in futuro, but, considering Husband’s ability to pay and Wife’s need, we vacate the trial court’s ruling as to the monthly amount and remand for further proceedings. We also conclude that the trial court abused its discretion in ordering the automatic increase in Husband’s alimony obligation upon the Child reaching the age of majority and vacate that portion of the trial court’s order. Consequently, the trial court’s ruling is vacated in part and affirmed in part. We decline to award Wife her attorney’s fees incurred on appeal. |
Bradley | Court of Appeals | |
Courtney R. Logan v. Vincent Vantell, Warden
The Petitioner, Courtney R. Logan, appeals the Hardeman County Circuit Court’s |
Hardeman | Court of Criminal Appeals | |
Jessica R. Adkins v. State of Tennessee
The petitioner, Jessica R. Adkins, appeals the denial of her post-conviction petition, |
Court of Criminal Appeals |