Jenny A. Pennington v. Christopher J. Hennessee
Mother filed a petition in 2010 to modify child support set in a 2005 order and parenting plan on the basis of a substantial and material change of circumstances. The trial court dismissed the petition, holding that there was not a significant variance in the parties’ presumptive child support obligations in 2005 and 2010. Mother appeals, contending that the 2005 order and parenting plan are void because they relieved Father of his obligation to pay child support. Finding that the 2005 order fails to comply with Tenn. Code Ann. § 36-5-1-1(e)(1)(A) and Tenn. Comp. R. & Regs. Ch. 1240–2–4–.02(7), we reverse the judgment and remand the case for further proceedings. |
Warren | Court of Appeals | |
McCall Brister v. HCA Health Services of Tennessee, et al.
This is an appeal from the trial court’s grant of a hospital’s motion to dismiss for failure to state a claim upon which relief can be granted. The trial court determined that plaintiff’s claim sounded in medical malpractice and dismissed plaintiff’s claim for failure to comply with the written notice and certificate of good faith requirements of the Tennessee Medical Malpractice Act. Finding that Plaintiff’s complaint states claim for ordinary negligence and premises liability, we reverse the trial court and remand the case for further proceedings. |
Davidson | Court of Appeals | |
Ricky Lynn Hill v. State of Tennessee
The trial court dismissed this action, inter alia, for lack of subject matter jurisdiction. We dismiss this appeal for Appellant's failure to timely file the notice of appeal. |
Chester | Court of Appeals | |
In Re: Jaiden C.W. and Caiden J.W., Children Under the Age of 18 Years (d.o.b. 7/27/2006)
This is a child support case. The juvenile court found, inter alia, the father owed a child support arrearage of $21,356.63. We affirm in part, vacate in part, and remand. |
Coffee | Court of Appeals | |
Evelyn Nye v. Bayer Cropscience, Inc., et al.
In this products liability case, a widow sought compensation for the death of her husband from mesothelioma allegedly caused by exposure to asbestos at his workplace. She sued the company that sold products containing asbestos to her husband’s employer. She based her claim on strict liability and alleged that the seller sold defective products and failed to warn her husband of the products’ health risks. The jury found that the seller was at fault, but that her husband’s employer was the sole cause of his injury and awarded her nothing. The widow appealed. The Court of Appeals reversed and remanded for a new trial based on erroneous jury instructions that more probably than not affected the judgment of the jury. On review, we hold that the seller was subject to suit in strict liability, pursuant to Tennessee Code Annotated section 29-28-106(b) (2000), because none of the products’ manufacturers were subject to service of process. Further, we hold that the trial court erred by instructing the jury that the seller could not be held liable for failure to warn if the jury found that the consumer, identified as the employer, was already aware of any danger in connection with the use of the products or if the employer had been given adequate warnings. This jury instruction was erroneous for two reasons. First, it applied the learned intermediary doctrine, which the courts of this state have limited to medical products and pharmaceuticals. Second, the jury instruction misidentified the consumer as the employer, when the consumer who was required to be warned was the employee, Mr. Nye. Because the error more probably than not affected the judgment of the jury, the judgment of the trial court is reversed and the cause is remanded for a new trial. |
Hamilton | Supreme Court | |
Evelyn Nye v. Bayer Cropscience, Inc., et al. - Concurring/Dissenting
I concur in the majority’s conclusion that the learned intermediary doctrine is not applicable to the facts of this case. I disagree, however, that Pittsburgh Corning Corporation (“Pittsburgh Corning”) and Owens Corning Corporation (“Owens Corning”) were unavailable for service of process and that North Brothers, Inc. (“North Brothers”) therefore is subject to suit in strict liability pursuant to Tennessee Code Annotated section 29-28-106 (2000). |
Hamilton | Supreme Court | |
Andre Wilks v. Maxine Wilks
This is an appeal of a divorce matter. We dismiss this appeal for Appellant's failure to appeal a final judgment. |
Shelby | Court of Appeals | |
In Re: Aiden R. B., et al.
Amy B. (“Mother”) is the biological mother of the minor children, Aiden R. B. and Evan M. B. (“the Children”). The State of Tennessee Department of Children’s Services (“DCS”) filed a petition to terminate Mother’s parental rights to the Children. Following a trial, the Juvenile Court for Sevier County (“the Trial Court”) found and held, inter alia, that clear and convincing evidence existed to terminate Mother’s parental rights to the Children on four grounds under Tenn. Code Ann. § 36-1-113(g)(1), (2), and (3) and that termination was in the Children’s best interest. Mother appeals the termination of her parental rights. We affirm. |
Sevier | Court of Appeals | |
O’Rane M. Cornish, Sr. v. The Home Depot, Inc.
The trial court awarded summary judgment to Defendant in this malicious prosecution action. We affirm. |
Shelby | Court of Appeals | |
Carl Bost v. State of Tennessee
The petitioner, Carl Bost, pleaded guilty to possession with intent to sell cocaine, a Class C felony, and attempted aggravated burglary, a Class D felony, in exchange for a cumulative sentence of six years, to be served in the Tennessee Department of Correction as a Range I, standard offender. He filed for post-conviction relief, which was denied by the post-conviction court. On appeal, he argues that he entered his plea unknowingly, involuntarily, and unintelligently due to ineffective assistance of counsel. Following our review of the record, we affirm the judgment of the post-conviction court. |
Knox | Court of Criminal Appeals | |
Chad Rogers v. State of Tennessee
The petitioner, Chad Rogers, appeals the denial of his petition for post-conviction relief, arguing that his trial counsel provided ineffective assistance at the sentencing phase of his trial by not investigating and presenting evidence of his mental illness as a mitigating factor. Following our review, we affirm the denial of the petition. |
Warren | Court of Criminal Appeals | |
State of Tennessee v. Junior P. Samuel
A Davidson County Criminal Court Jury found the appellant, Junior P. Samuel, guilty of five counts of rape and one count of sexual battery by an authority figure. The trial court imposed a total effective sentence of thirty-two years in the Tennessee Department of Correction. On appeal, the appellant raises the following issues for review: (1) whether the trial court erred in denying the appellant’s motion for judgments of acquittal because of the State’s failure to establish venue; (2) whether the trial court erred in admitting a medical report containing statements the victim made to Phyllis Lynn Thompson in violation of the Confrontation Clause and the rule prohibiting hearsay statements; (3) whether the trial court erred in imposing consecutive sentencing; and (4) whether the cumulative errors at trial denied the appellant due process. Upon review, we affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Randy K. Sanders
The defendant, Randy K. Sanders, entered a plea of guilty to driving under the influence, first offense, a Class A misdemeanor, on July 2, 2010. The trial court sentenced him to eleven months, twenty-nine days in the county jail and suspended all but 120 days of the sentence. On appeal, the defendant argues that the trial court relied on an inappropriate enhancement factor in determining the period of confinement. Following our review, we affirm the judgment of the trial court. |
Williamson | Court of Criminal Appeals | |
Thomas Edward Kotewa v. State of Tennessee
The petitioner, Thomas Edward Kotewa, appeals the trial court’s denial of his petition for writ of error coram nobis. Following our review of the record, the parties’ briefs, and applicable law, we affirm the judgment of the trial court. |
Anderson | Court of Criminal Appeals | |
Mason Fischer v. Sverdrup Technology, Inc.
This workers’ compensation appeal has been referred to the Special Workers’ Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law. The employee filed a Worker’s Compensation action on August 22, 2003 alleging a compensable injury in the course of his employment with his employer in December 1998. The employer filed a motion to dismiss for failure to prosecute under Tenn. R. Civ. P. 41.02. The trial court entered an order in September 2008, stating that the employer was withdrawing the motion to dismiss for failure to prosecute based upon the employee’s commitment to take a medical deposition within sixty days. A second motion to dismiss for failure to prosecute was filed and heard on March 15, 2010 because the medical deposition had not been taken. The trial court granted the motion with prejudice. The employee has appealed. We affirm the judgment. |
Coffee | Workers Compensation Panel | |
Victor Powell et al. v. Brett Marter, Individually and d/b/a Quality Floor Covering
This workers’ compensation appeal has been referred to the Special Workers’ Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law. The employee filed a workers’ compensation action contending his injury while cutting trees at his employer’s home was in the usual course of his employment at his employer’s floor covering business. The trial court held that employee’s work was casual employment not in the usual course of his employer’s business as defined by TCA § 50-6-106(2) and not covered by the workers’ compensation statute. We affirm the judgment. |
Marion | Workers Compensation Panel | |
State of Tennessee v. Phillip Lynn Dorse
Appellant, Phillip Lynn Dorse, was indicted by the Dyer County Grand Jury for two counts of aggravated assault in connection with a neighborhood altercation during which Appellant hit two individuals with a baseball bat. After a jury trial, Appellant was convicted of one count of aggravated assault and one count of assault. The trial court sentenced Appellant to an effective sentence of eight years as a Range II, multiple offender to be served consecutively to a previously imposed sentence. On appeal, Appellant argues that the evidence was insufficient to support his convictions and that the trial court erred in imposing consecutive sentences. After a thorough review of the record, we affirm the judgments of the trial court. |
Dyer | Court of Criminal Appeals | |
State of Tennessee v. Rodney McAlister
The defendant, Rodney McAlister, was convicted by a Lauderdale County jury of vandalism between $1000 and $10,000, a Class D felony. He was thereafter sentenced to a term of five years, as a multiple offender, in the Department of Correction. On appeal, the defendant challenges only the sufficiency of the evidence, asserting that the State failed to negate the defenses of duress and necessity. Following review of the record, we conclude that the evidence is sufficient and affirm the conviction. |
Lauderdale | Court of Criminal Appeals | |
Tony Hoover v. State of Tennessee
The petitioner, Tony Hoover, appeals the Shelby County Criminal Court’s denial of his petition for post-conviction relief. The petitioner entered open Alford pleas to two counts of rape and two counts of incest. Following a sentencing hearing, the trial court imposed an effective sentence of twenty-one years in the Department of Correction. On appeal, the petitioner contends that his pleas were not entered with an understanding of the nature and consequences of the pleas. He also contends that trial counsel provided ineffective assistance by failing to properly inform him of the terms and consequences of his guilty pleas and by advising him to waive his ex post facto rights and be sentenced pursuant to the 2005 amendments to the Sentencing Act. Following careful review of the record, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Walter Williams
The Shelby County Grand Jury indicted Appellant, Walter Williams, for one count of rape in connection with the rape of his thirteen-year-old daughter. A jury found Appellant guilty as charged. The trial court sentenced Appellant to eight years as a Range I, standard offender. Appellant appeals his conviction. He argues that: (1) the evidence was insufficient to support his conviction; (2) the trial court erred in allowing testimony of an expert witness; (3) the trial court erred in allowing certain questions during the jury voir dire; and (4) the trial court erred in failing to give the missing witness jury instruction. After a thorough review of the record, we conclude that Appellant’s argument must fail. Therefore, the judgment of the trial court is affirmed. |
Shelby | Court of Criminal Appeals | |
Tyler King v. State of Tennessee
The Petitioner, Tyler King, appeals as of right from the Dyer County Circuit Court’s denial of his petition for post-conviction relief. The Petitioner pled guilty to voluntary manslaughter, a Class C felony, and received an agreed sentence of 15 years in the Tennessee Department of Correction as a Range II, multiple offender. The Petitioner challenges the voluntariness of his guilty plea and the performance of trial counsel. Following our review, we affirm the judgment of the post-conviction court. |
Dyer | Court of Criminal Appeals | |
State of Tennessee v. Daniel H. Jones
The Sullivan County Grand Jury charged by presentment Appellant, Daniel H. Jones, with possession of .5 gram of cocaine with intent to sell. This charge was the result of the execution of a search warrant during which officers arrested five individuals and found containers holding rocks of crack cocaine and other drug paraphernalia. After a jury trial held on August 26, 28, and 29, 2008, Appellant was convicted as charged. The trial court sentenced Appellant to eleven years as a Range I, standard offender. On appeal, Appellant argues that the trial court erred in allowing testimony of a prior bad act of Appellant in contravention of Rule 404(b) of the Tennessee Rules of Evidence and that the evidence was insufficient to support his conviction. After a thorough review of the record, we conclude that the trial court did not abuse its discretion in admitting the evidence in question and that the evidence was sufficient to support Appellant’s conviction. Therefore, we affirm the judgment of the trial court. |
Sullivan | Court of Criminal Appeals | |
Scott W. Grammar v. State of Tennessee
The petitioner, Scott W. Grammer, appeals the Hamilton County Criminal Court’s denial of his petition for post-conviction relief from his convictions for three counts of aggravated sexual battery and resulting effective twenty-two-year sentence. On appeal, the petitioner contends that he received the ineffective assistance of counsel. In addition, he argues that the State engaged in egregious, improper, and deceptive practices during the trial; that the post-conviction court should have amended his improperly enhanced sentences; and that the evidence is insufficient to support one of his convictions. Based upon the record and the parties’ briefs, we affirm the judgment of the post-conviction court. |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v. John Michael Whitlock
Following a jury trial, the Defendant, John Michael Whitlock, was convicted of two counts of sexual exploitation of a minor, a Class D felony. See Tenn. Code Ann. § 39-17-1003(d). In this direct appeal, the Defendant raises the following issues for our review: (1) The State presented insufficient evidence to sustain his convictions for sexual exploitation of a minor; (2) The trial court erred when it allowed the State to give a rebuttal closing argument when the Defendant waived opening statements and offered no proof; and (3) The trial court erred when it instructed the jury regarding the factors contained in United States v. Dost, 636 F. Supp. 828, 832 (S.D. Cal. 1986). Following our review, we conclude that the State did not present sufficient evidence to support the Defendant’s convictions for sexual exploitation of a minor and, therefore, we reverse the judgments of the trial court and dismiss the charges against the Defendant. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Antonio F. Baker
The defendant, Antonio F. Baker, appeals from the trial court’s denial of his request to modify his sentence via Rule 35 of the Tennessee Rules of Criminal Procedure. Discerning no error, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals |