State of Tennessee v. Johnny Lewis M2000-02809-CCA-R3-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Judge Charles D. Haston, Sr.
The defendant appeals his conviction of violating the motor vehicle habitual offender law. Because we find that his motor vehicle offender status was terminated before he was discovered driving a motor vehicle, we conclude that the convicting evidence was insufficient. We reverse the conviction and dismiss the charge.
I concur in the majority opinion, except I question whether a post-conviction petitioner has a right to self-representation at his or her will. In this respect, I view this court’s statements in Cole v. State, 798 S.W.2d 261, 263 (Tenn. Crim. App. 1990), regarding a common law right to self-representation as dicta; self-representation was certainly not an issue in the appeal.
In the Matter of: C.J.S. M2000-02836-COA-R3-JV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Ben Hall Mcfarlin
A.E.S. is the mother of C.J.S., who has been in foster care for four of his five years. At the State's petition, the trial court terminated these rights based upon A.E.S.'s mental incapacities. A.E.S. appealed this decision arguing that the grounds for termination were not proven by clear and convincing evidence. We affirm the decision of the trial court.
Rutherford
Court of Appeals
Bryan Hanley v. State of Tennessee M2000-02182-CCA-R3-PC
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge Timothy L. Easter
The petitioner, Bryan Hanley, was convicted by a jury in the Hickman County Circuit Court of one count of first degree murder and one count of theft of property over $1000. The petitioner was sentenced to life imprisonment in the Tennessee Department of Correction for the murder conviction and to three years incarceration for the theft conviction, with the sentences to run concurrently. Subsequently, the petitioner filed a post-conviction petition alleging the ineffective assistance of counsel. The post-conviction court denied the petition and the petitioner appeals. Upon review of the record and the parties' briefs, we affirm the judgment of the post-conviction court.
The defendant, Michael T. Meghreblian, is serving a seven and one-half year sentence in the Department of Correction as a result of his Williamson County Circuit Court conviction of aggravated assault. On appeal, he complains that the trial court erred (1) in determining the length of his Range II sentence and (2) in denying any form of alternative sentence. Because the record supports the trial court's determinations, we affirm.
Williamson
Court of Criminal Appeals
Dept. of Children's Svcs. vs. Jeri Layne M2001-00652-COA-R3-JV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Earlene Y. Speer
This is a termination of parental rights case involving four small children. The parental rights of the biological father, Carl Edward Layne, were terminated after default judgment was entered against him and such termination has not been appealed. The parental rights of the biological mother, Jeri Fay Layne, were terminated by the Juvenile Court of Grundy County after a hearing based upon statutory grounds of abandonment, failure to substantially comply with the permanency plan and persistent, unremedied conditions. Mrs. Layne timely appealed and we affirm the judgment of the Juvenile Court.
Petitioner,Wayne Miles, appeals as of right from the trial court's dismissal of his petition for habeas corpus relief. Petitioner argues that he is being illegally detained because his convictions are void. After a thorough review of the record, we affirm the trial court's dismissal of the Petition for Writ of Habeas Corpus.
Lake
Court of Criminal Appeals
Martin Walker vs. State E2001-00629-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Martin Walker, an inmate in the Penal System of this State, filed two separate claims against the State in the amount of $30,000 and $1,000,000, alleging his constitutional rights of equal protection and due process were violated. The State's response contends that the claims he makes are not authorized against the State by T.C.A. 9-8-307(a), and also that both claims are barred by the one-year Statute of Limitations. The Claims Commissioner dismissed his claims and we affirm.
Davidson
Court of Appeals
Alfred Bibbins, a/k/a Ed Owens vs. T.R. Gunn E2001-01070-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Samuel H. Payne
The plaintiff filed a complaint seeking money damages and other relief against the defendant. The complaint alleges that the plaintiff is entitled to the requested relief based on past defamatory statements and anticipated "libelous and slanderous statements that damage plaintiff's reputation." The trial court dismissed the complaint "for lack of proof." We affirm.
Ray White v. Regions Financial Corp. M2000-02957-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: Barbara N. Haynes
In this appeal from the Circuit Court for Davidson County, the Plaintiff/Appellant, F. Ray White, contends that the Trial Court erred in granting the Defendant/Appellee, Regions Financial Corporation, a summary judgment against him with regard to his cause of action for age discrimination under the Tennessee Human Rights Act. We affirm the judgment of the Trial Court and we adjudge costs of appeal against Mr. White and his surety.
Davidson
Court of Appeals
Thelia Barrett v. White House Utility District M2000-02426-COA-R3-CV
Authoring Judge: Judge John A. Turnbull
Trial Court Judge: John D. Wootten, Jr.
This appeal challenges an award of damages made to the plaintiff by the trial judge after a bench trial. Defendant claims the trial judge's finding of causation is contrary to the weight of the evidence, that the damages are excessive and that it was error to award discretionary costs. Plaintiff claims that the award was inadequate. We affirm the trial court in all respects.
The Defendant, Burita A. Winebarger, was charged in an arrest warrant with the offense of theft of property less than $500.00 in value. She pled guilty to the offense in the General Sessions Court of Sullivan County. The General Sessions Court sentenced her to serve eleven months and twenty-nine days, with all but thirty days suspended. Defendant filed a timely appeal to the Criminal Court of Sullivan County. On the date that the case was set for "announcement" in criminal court, Defendant was approximately one hour late in arriving at court. The criminal court dismissed the appeal for "failure to prosecute" and remanded the case to the General Sessions Court of Sullivan County for "execution of the sentence." The Defendant filed a timely appeal to this court. After a review of the record, and the applicable law, we reverse the judgment of the criminal court and remand for a sentencing hearing de novo.
Sullivan
Court of Criminal Appeals
Ralph Alley, et al vs. Quebecor World Kingsportet al E2004-01274-COA-R9-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: John K. Wilson
This is an interlocutory appeal from the Trial Court's refusal to dismiss the action on the grounds that federal laws preempt a state action. We reverse and dismiss.
Hawkins
Court of Appeals
Billy Joe Childress v. Natasha Barnes Currie, et al. W1999-00471-SC-R11-CV
Authoring Judge: Justice E. Riley Anderson
Trial Court Judge: Joseph H. Walker, III
The issue presented in this case is whether a confidential relationship arises as a matter of law when an unrestricted power of attorney is executed but not exercised. The trial court held that a confidential relationship existed and that the resulting presumption of undue influence could only be rebutted by proof of independent advice to the decedent. Because there was no such proof, the trial court set aside the jury's verdict and found that the will was invalid. On appeal, the Court of Appeals concluded that since the attorney-in-fact was unaware of the power of attorney at the time the decedent executed her will, there was not a confidential relationship between the attorney-in-fact and the decedent and, therefore, no presumption of undue influence. After a thorough review of the record and the relevant authority, we hold that a confidential relationship does not arise as a matter of law when an unrestricted power of attorney is executed without being exercised. Accordingly, the judgment of the Court of Appeals is affirmed.
Lauderdale
Supreme Court
State v. Timothy McKinney W1999-00844-SC-DDT-DD
Authoring Judge: Justice E. Riley Anderson
Trial Court Judge: Joseph B. Dailey
Shelby
Supreme Court
State v. Timothy McKinney W1999-00844-SC-DDT-DD
Authoring Judge: Justice E. Riley Anderson
Trial Court Judge: Joseph B. Dailey
Shelby
Supreme Court
Mary Johnson, et al. v. LeBonheur Children's Medical Center, et al. W1999-01719-SC-R11-CV
Authoring Judge: Justice Janice M. Holder
Trial Court Judge: Robert L. Childers
We granted appeal to determine whether the vicarious liability of a private hospital may be based upon the acts or omissions of a state-employed physician resident. We hold that a private hospital may be vicariously liable under the doctrine of respondeat superior based solely upon the acts of a state-employed physician resident when the resident is acting as an agent of the hospital. The judgment of the Court of Appeals is affirmed, and the case is remanded to the trial court for proceedings consistent with this opinion.
Shelby
Supreme Court
Terry Lynn, et al. v. City of Jackson W1999-01695-SC-R11-CV
Authoring Judge: Justice Frank F. Drowota, III
Trial Court Judge: Roy Morgan
We granted this appeal to determine whether the trial court and the Court of Appeals erred in dismissing the plaintiffs' wrongful death claim after concluding that the one-year statute of limitations was not tolled during the minority of the decedent's children or during the time the action was pending in federal district court before it was dismissed for lack of jurisdiction. After careful consideration, we affirm the judgments of the trial court and the Court of Appeals. In so holding, we reaffirm Jones v. Black, 539 S.W.2d 123 (Tenn. 1976), in which this Court held that the statute of limitations for a wrongful death claim is not tolled during the minority of the decedent's children. We also reaffirm the well-established rule of Tennessee law that general saving statutes do not apply to extend the time for filing an action under the Tennessee Governmental Tort Liability Act.
Madison
Supreme Court
In Re Estate of Fannie Barnhill W2000-00289-SC-R11-CV
Authoring Judge: Justice Frank F. Drowota, III
Trial Court Judge: Martha B. Brasfield
We granted this appeal to determine whether the Fayette County Chancery Court had jurisdiction to hear the issue of devisavit vel non in this case, and whether the law in Tennessee permits a voluntary dismissal without prejudice in a will contest. We conclude that the chancery court had jurisdiction to hear the will contest in this case, but that the appellant's voluntary dismissal was with prejudice, barring the filing of a second will contest. Accordingly, the judgments of the trial court and the Court of Appeals are affirmed.
Fayette
Supreme Court
James O'Neal Vineyard, et ux. v. Walker Betty, et ux. M2001-00642-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: Robert E. Burch
Following a bench trial, the trial court found sufficient evidence to show the existence of a prescriptive easement across the property of the defendants in favor of the plaintiffs. Defendants appeal, arguing that clear and convincing evidence did not exist to support the trial court's finding and that at trial plaintiff did not submit proof of irreparable harm necessary to secure injunctive relief. Appellant failed to submit a transcript of the trial court proceedings or a statement of the evidence to the appellate court leaving this court only the technical record for consideration on appeal. In the absence of a transcript or statement of the evidence, this court must presume the evidence supported the trial court's findings. Therefore, we affirm the decision of the trial court.
Dickson
Court of Appeals
Trau-Med of America, Inc. d/b/a Bellevue Clinic v. AllState Ins. Co. W1999-01524-SC-R11-CV
Authoring Judge: Justice William M. Barker
Trial Court Judge: Robert L. Childers
The plaintiff, a medical clinic, filed an action against the defendants alleging, among other things, tortious interference with business relationships and civil conspiracy. The defendants filed a motion to dismiss, which the trial court granted. The Court of Appeals reversed the trial court's dismissal of these claims, finding that the facts alleged in the complaint were sufficient to state claims upon which relief could be granted. This case is now before us to determine whether the trial court should have granted the defendant's motion to dismiss. We hold that the complaint in this case alleges sufficient facts to state a cause of action for tortious interference with business relationships. However, we dismiss the plaintiff's claim of civil conspiracy for failure to satisfy the plurality requirement necessary to establish an actionable conspiracy claim. Consequently, we affirm in part and reverse in part the judgment of the Court of Appeals and remand this case to the trial court for further proceedings consistent with this opinion.
Shelby
Supreme Court
Connie Givens v. Ed Mullikin, Admin. ad litem for Larry McElwaney W1999-01783-SC-R11-CV
Authoring Judge: Justice William M. Barker
Trial Court Judge: John R. Mccarroll, Jr.
The principal issue in this case is whether an insurance carrier and an insured may be held vicariously liable for the alleged tortious actions of an attorney hired to defend the insured. The trial court held that the plaintiff's complaint stated a claim of vicarious liability against the defendant insured and his insurance carrier for abuse of process, inducement to breach express and implied contracts of confidentiality, inducement to breach a confidential relationship, and invasion of privacy. The Court of Appeals affirmed the trial court's ruling with respect to the vicarious liability issue, though it dismissed the claims for inducement to breach a confidential relationship and invasion of privacy. The defendants then appealed to this Court, and we now hold that an insurer and an insured may be held vicariously liable for the tortious acts or omissions of an attorney hired to defend the insured, if the attorney's tortious actions were directed, commanded, or knowingly authorized by the insurer or by the insured. We further hold that the complaint in this case states a claim of vicarious liability against the insurer alone for abuse of process. The judgment of the Court of Appeals is affirmed in part and reversed in part.
Shelby
Supreme Court
Planters Gin v. Federal Compress & Warehouse W1999-02460-SC-R11-CV
Authoring Judge: Justice Adolpho A. Birch, Jr.
Trial Court Judge: Kay S. Robilio
This appeal from a denial of summary judgment arises from a contract dispute between Planters Gin Company and Federal Compress & Warehouse Company, Inc. Federal Compress & Warehouse Company, Inc. leased warehouse space to Planters Gin Company. At issue is whether an indemnity clause holding Federal Compress & Warehouse Company, Inc. harmless for "any liability or loss" arising out of the "use of the premises" and requiring Planters Gin Company to carry insurance on the contents stored in the warehouse bars recovery against Federal Compress & Warehouse Company, Inc. for damages caused by negligence occurring in an adjacent storage compartment. We find the contract unambiguous and valid. Accordingly, we hold that the indemnity provision limiting Federal Compress & Warehouse Company, Inc.'s liability is enforceable and bars recovery under the facts of this case. The Court of Appeals's judgment against Federal Compress & Warehouse Company, Inc. is reversed, and the judgment of the trial court is reinstated.
