Albert Randall Worrell v. Obion County School District
Albert Randall Worrell injured his shoulder in the course and scope of his employment with Obion County School District. Mr. Worrell and Obion County entered into a settlement agreement. Among other things, the agreement required Obion County to pay for future medical expenses related to his work injury. Almost three years after his initial injury, Mr. Worrell’s doctors recommended that he undergo shoulder replacement surgery. The Court of Workers’ Compensation Claims concluded that Obion County was not required to pay for the shoulder replacement surgery because Mr. Worrell did not prove that the recommended surgery was causally related to his work injury. The Workers’ Compensation Appeals Board affirmed. In his appeal to this Panel, Mr. Worrell presses federal and state constitutional challenges to two provisions of Tennessee’s workers’ compensation law—Tennessee Code Annotated section 50-6-116 (2014), which instructs courts to construe the workers’ compensation law fairly and impartially, and Tennessee Code Annotated section 50-6-102(14) (Supp. 2016), which defines the term “injury.” Mr. Worrell argues that both provisions violate the substantive due process protections of the United States and Tennessee Constitutions and the Open Courts Clause of the Tennessee Constitution. He further argues that the definition of “injury” violates the equal protection guarantees of the federal and state constitutions. We hold that the challenged statutory provisions are constitutional and affirm the judgment of the Workers’ Compensation Appeals Board. |
Workers Compensation Panel | ||
Alyssia Arnold et al. v. Jay Witt
This appeal arises out of a petition filed by Alyssia Arnold and Donavan Levenhagen (collectively, “Appellants”) seeking visitation with three minor children, Appellants’ half-siblings. The respondent moved to dismiss Appellants’ petition for visitation due to a lack of standing. The Lincoln County Juvenile Court (“juvenile court”) granted the motion to dismiss. Appellants appealed to the Lincoln County Circuit Court (“circuit court”), which also granted a motion to dismiss. Discerning no error, we affirm. |
Lincoln | Court of Appeals | |
State of Tennessee v. Isaiah Jamal Simmons
The Defendant, Isaiah Jamal Simmons, appeals from his guilty-pleaded convictions in the |
Hamilton | Court of Criminal Appeals | |
Moye Jones et al. v. Cathleen M. Craddock
This auto accident case involves an insurer’s claim that its limit of liability for uninsured motorist coverage should be offset due to the availability of payable workers’ compensation benefits. The trial court granted summary judgment to the insurer. We reverse and remand for further proceedings. |
Sumner | Court of Appeals | |
In Re Bentley R.
The Chancery Court for Madison County (“the Trial Court”) terminated the parental rights of River M. (“Mother”) to her son, Bentley R. (“the Child”). Mother appeals, challenging the Trial Court’s finding that termination of Mother’s parental rights was in the Child’s best interest. Discerning no reversible error, we affirm. |
Madison | Court of Appeals | |
Linda R. Kerley v. George Olin Kerley
This is an appeal from a final decree of divorce in which the trial court determined that the assets accumulated |
Bledsoe | Court of Appeals | |
Brittney C. Shedd v. Tennessee Board of Nursing
This is an appeal from an order dismissing a complaint for judicial review. Because the appellant did not file her notice of appeal with the clerk of the appellate court within thirty days after entry of the order as required by Tennessee Rule of Appellate Procedure 4(a), we dismiss the appeal. |
Rutherford | Court of Appeals | |
State of Tennessee v. Buford Dudley Creighton
Defendant, Buford Dudley Creighton, claims that the evidence presented at his bench trial was insufficient to support his conviction for identity theft. We determine that the proof was sufficient to show that Defendant used the personal identifying information of another with the intent to avoid criminal prosecution and affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Sedrick Darnell Cummings
The Defendant, Sedrick Darnell Cummings, appeals as of right from his misdemeanor domestic assault conviction, for which he received a sentence of eleven months and twenty-nine days probation after service of ten days in jail. The Defendant contends that the evidence was insufficient to support his conviction and that the trial court erred in admitting alleged prior bad acts. Discerning no error, we affirm. |
Coffee | Court of Criminal Appeals | |
State of Tennessee v. Brandon L. Holliday
A Madison County jury convicted the Appellant, Brandon L. Holliday, on multiple counts for evading arrest in a vehicle with risk of death or injury to innocent bystanders, disobeying a traffic signal, violating financial responsibility law, reckless driving, violation of duty upon striking a fixture upon a highway, and driving with a revoked license, for which he received an effective sentence of twelve years’ confinement. On appeal, the Appellant argues that the evidence was insufficient to support his conviction of evading arrest because it did not establish that bystanders were at risk of death or injury during his flight. Upon review, we affirm. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Dewey Huggins
The Appellant, Dewey Huggins, was convicted of aggravated domestic assault and sentenced to fourteen years’ imprisonment. The sole issue presented in this appeal is whether Assistant District Attorney General Falen Chandler should have been disqualified from prosecuting this case based on her prior representation of the Appellant in a separate criminal case in 2014. After review, we determine that no conflict of interest existed and affirm the trial court’s judgment. |
Fayette | Court of Criminal Appeals | |
In Re Ezra C.
This action involves the termination of a father’s parental rights to his minor child. Following a bench trial, the court found that clear and convincing evidence existed to establish the statutory ground of termination of abandonment by failure to visit. The court also found that termination was in the best interest of the child. We affirm the trial court’s termination decision. |
Putnam | Court of Appeals | |
Hector William Zarate Capriel v. State of Tennessee
The petitioner, Hector William Zarate Capriel, appeals the denial of his petition for postconviction |
Hamblen | Court of Criminal Appeals | |
Robert Brooks v. State of Tennessee
The Petitioner, Robert Brooks, acting pro se, appeals the denial of his petition seeking relief from his convictions of reckless endangerment, aggravated robbery, two counts of aggravated assault, and one count of assault, for which he received an effective sentence of ten years, eleven months, and twenty-nine days confinement. State v. Brooks, No. W2020-01026-CCA-R3-CD, 2021 WL 4936969, at *1 (Tenn. Crim. App. Oct. 22, 2021), no perm. app. filed. As we understand the issues raised in the Petitioner’s pro se brief, he contends (1) trial counsel was ineffective based on certain statements made during closing argument conceding the Petitioner’s guilt; (2) trial counsel’s failure to exclude an affidavit of complaint which contained alleged perjury; and (3) the trial court lacked jurisdiction to prosecute his case because the affidavit of complaint lacked probable cause.1 Upon our review, we affirm. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Travis Ruzicka
A Shelby County jury convicted the Defendant, Travis Ruzicka, of rape of a child and aggravated sexual battery. He appeals, contending that (1) the forensic interview did not meet the admissibility requirements of Tennessee Code Annotated section 24-7-123; (2) the trial court erred by admitting the forensic interview of the victim after the victim had testified, thus depriving the Defendant of the opportunity to contemporaneously cross-examine the victim as to the contents of the interview recording; and (3) the victim was incompetent to testify at trial and thus unavailable for cross-examination. We affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
Rodney DeWayne Barrentine v. Jimmy J. Kinsler
This is an appeal from a bench trial wherein the trial court found that the defendant had |
Hancock | Court of Appeals | |
Tina Marie Eltzroth v. Danny Ray Eltzroth
This appeal concerns setting aside a default judgment in a divorce case. Tina Marie Eltzroth (“Wife”) filed for divorce in the Circuit Court for Sevier County (“the Trial Court”) against Danny Ray Eltzroth (“Husband”). Husband was served but failed to timely answer. Wife filed a motion for default and notice of hearing. Husband, who was staying at multiple places during this time, failed to appear for the hearing. The Trial Court granted Wife a default judgment. Husband later filed a motion to set aside, which the Trial Court granted. Wife appeals. We find no abuse of discretion in the Trial Court’s granting of Husband’s motion to set aside the default judgment. We affirm. |
Sevier | Court of Appeals | |
Benjamin L. Folkins Et Al. v. Healthcare Group (Hong Kong) Co. Limited Et Al.
Defendants appeal from a trial court judgment finding the defendants in civil contempt of a bond order securing a judgment against those defendants and others. Because the underlying judgment on which the contempt finding is based has since been vacated by this Court, the contempt finding is also vacated. |
Hamilton | Court of Appeals | |
Niel Prosser, et al. v. Memphis and Shelby County Board of Adjustment, et al.
This case involves questions of zoning of non-residential real property located in a residential zoning district in Memphis. The genesis of the present dispute is specifically traceable to the Memphis and Shelby County Division of Planning and Development’s issuance of a zoning letter, wherein it was stated that use of the property at issue in this matter as a “Philanthropic Institution with Offices and Clinic” is a use permitted in accordance with a prior 2017 variance from zoning. The appellants herein, who own a home near the subject property, took umbrage with the zoning letter and appealed to the Memphis and Shelby County Board of Adjustment. When the Board of Adjustment rejected the appeal, thereby upholding the zoning letter, the appellants filed a petition for a writ of certiorari in Chancery Court. The Chancery Court ultimately upheld the action of the Board of Adjustment, following which the present appeal ensued. For the reasons stated herein, we reverse the Chancery Court’s decision to affirm the decision of the Board of Adjustment and remand for the entry of an order reversing the decision of the Board of Adjustment. |
Shelby | Court of Appeals | |
State of Tennessee v. Byron Jerome Hix
The Defendant, Byron Jerome Hix, appeals the trial court’s reinstatement of his effective eleven-year sentence for his Class B and Class C felony drug convictions following the revocation of his probation, arguing that the trial court abused its discretion by ordering his original sentence into effect and by denying his request for credit for the five-plus years he successfully served on probation. Based on our review, we affirm the judgment of the trial court. |
Rutherford | Court of Criminal Appeals | |
State of Tennessee v. Dontell Dewayne Sawyers
The Defendant, Dontell Dewayne Sawyers, appeals the Davidson County Criminal Court's summary denial of his motion to correct clerical errors in his judgment of conviction pursuant to Tennessee Rule of Criminal Procedure 36. The State responds that the Defendant has waived his claims because he failed to prepare an adequate record on appeal. Based on our review, we agree with the State and affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
Vaughn Harris v. State of Tennessee
A Davidson County Grand Jury indicted Vaughn Harris, Petitioner, for two counts of coercion of a witness in case number 2019-D-3061. Petitioner also separately faced charges in case number 2013-C-2114 of attempted first degree murder (Count 1) and employing a firearm during the commission of or attempt to commit a dangerous felony (Count 2). Petitioner entered global pleas of guilty in both cases—pleading to the indictment in case number 2019-D-3061 and to reduced charges of attempted voluntary manslaughter and felon in possession of a weapon in case number 2013-C-2114. The trial court sentenced Petitioner to an effective term of six years in confinement followed by six years of community corrections. Petitioner filed a timely petition for post-conviction relief, which the post-conviction court denied after a hearing. On appeal, Petitioner alleges he was denied the effective assistance of counsel and that his guilty pleas were entered involuntarily because of coercion. After review, we affirm the judgment of the postconviction court. |
Davidson | Court of Criminal Appeals | |
Family Trust Services LLC et al. v. Green Wise Homes LLC et al.
In this case, plaintiffs alleged defendants committed fraud in connection with their property rights. After a jury trial, plaintiffs moved for a new trial asking the trial court to fulfill its role as thirteenth juror. The trial court denied the motion, and the Court of Appeals reversed upon finding the trial court misconceived its role as thirteenth juror. When a trial court misconceives its role as thirteenth juror or applies an incorrect standard, remand for a new trial historically has been the only remedy available under common law. In this appeal, we consider whether our law should allow the alternative remedy of remand for the trial court to fulfill its role as thirteenth juror under Tennessee Rule of Civil Procedure 59.06. We hold that remand for the trial court to fulfill its role as thirteenth juror is an appropriate remedy when a civil trial court misconceives that role or applies an incorrect standard. We further hold that the lower courts erred in finding that a claim for unjust enrichment requires a voluntary conferral of a benefit. Finally, we hold that our law does not recognize a claim for misappropriation or conversion of a right of redemption. We affirm in part and reverse in part the decision of the Court of Appeals, and remand for proceedings consistent with this opinion. |
Davidson | Supreme Court | |
State of Tennessee v. Todd Allen Robbins
A Chester County jury convicted the Defendant, Todd Allen Robbins, of theft of a vehicle, among other offenses. On appeal, the Defendant and the State agree that the proof did not establish the vehicle’s value at the time it was stolen. We agree and modify the Defendant’s conviction to a Class A misdemeanor offense. We respectfully remand the case for entry of a modified judgment of conviction reflecting the modified offense class and a sentence of eleven months and twenty-nine days. |
Chester | Court of Criminal Appeals | |
Susan B. Ferkin v. Katherine Bell
This case involves a petition for judicial review filed pursuant to the Tennessee Public Records Act, Tenn. Code Ann. § 10-7-503, et seq., after the petitioner requested audio recordings of a third-party’s post-conviction hearings from a court reporter. The circuit court dismissed the petition. The petitioner appeals. For the following reasons, the appeal is hereby dismissed. |
Shelby | Court of Appeals |