Opinions
JEFF HURST v. CITY OF MORRISTOWN
This is a Governmental Tort Liability Act (“GTLA”) case, Tennessee Code Annotated section 29-20-101, et seq., alleging negligent operation of a street sweeper by a city employee. The trial court denied the city’s claims of immunity and entered judgment after a nonjury trial, apportioning 51 percent fault to the city’s employee who was driving the street sweeper and 49 percent fault to the driver of the pickup truck that was involved in a collision with the sweeper. The city appealed. We affirm. |
Hamblen | Court of Appeals | |
IN RE WALTER G. ET AL.
Mother and Father appeal the trial court’s finding that termination is in the best interests of their three younger children. Because we conclude that clear and convincing evidence supports the trial court’s findings that Mother and Father committed severe abuse against a child and that the children’s best interests are served by termination, we affirm. |
Rhea | Court of Appeals | |
Shawn Simmons v. State of Tennessee
In 2008, a Lincoln County jury convicted the Petitioner, Shawn Simmons, of first degree murder, and the trial court imposed a sentence of life imprisonment. Sixteen years later, the Petitioner filed a petition for writ of error coram nobis, asserting that a trial witness had since revealed previously undisclosed information related to the offense. The coram nobis court dismissed the petition without a hearing, concluding that the petition was untimely and that due process principles did not toll the one-year statute of limitations. The Petitioner now appeals, contending that the summary dismissal was erroneous. Upon review, we respectfully affirm the judgment of the coram nobis court. |
Lincoln | Court of Criminal Appeals | |
In Re: Tennessee Bonding Company, Inc., d/b/a Action Bail Bonding
Tennessee Bonding Company, Inc., d/b/a Action Bail Bonding (“the Bonding Company”), appeals from the trial court’s denial of its petitions to obtain bonding privileges in the Twenty-Sixth Judicial District. The Bonding Company contends that (1) the trial court improperly held a hearing without counsel present, (2) the trial court erroneously considered certain evidence without the required necessary authentication or identification in violation of the Rules of Evidence, and (3) the evidence did not support the trial court’s denial of approval to write bonds. After review, we affirm. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Brandi Michelli Adams
The Defendant, Brandi Michelle Adams,1 pled guilty to the offense of second degree murder as a Range II, multiple offender and received a sentence of forty years. She later filed a motion to correct an illegal sentence pursuant to Tennessee Rule of Criminal Procedure 36.1, arguing that she was a Range I, standard offender and did not agree to be sentenced in an enhanced range. Following a hearing, the trial court denied the motion, and the Defendant appealed, asserting three issues: (1) that she could not legally be sentenced as a Range II, multiple offender; (2) that her plea was involuntary; and (3) that the trial court exhibited bias in denying her Rule 36.1 motion. Upon our review, we respectfully affirm the judgment of the trial court. |
Fentress | Court of Criminal Appeals | |
RENEGADE MOUNTAIN COMMUNITY CLUB, INC. v. MOY TOY, LLC
This is an accelerated interlocutory appeal from the denial of a motion for recusal of the trial judge. After carefully reviewing the limited record provided by the parties, we affirm the decision of the trial court denying the motion. |
Cumberland | Court of Appeals | |
Gabriel Enriques Turcios v. State of Tennessee
The Petitioner, Gabriel Enriques Turcios, was convicted of first degree murder and was sentenced to serve life imprisonment without the possibility of parole. Thereafter, he filed a petition for post-conviction relief, asserting that he was denied the effective assistance of counsel at his trial. More specifically, he alleged that his trial counsel (1) failed to timely and adequately raise an insanity defense; (2) failed to challenge the aggravating circumstance for sentencing under Tennessee Code Annotated section 39-13-204(i)(5); and (3) failed to seek suppression of messages exchanged between the Petitioner and the victim. After a hearing, the post-conviction court denied relief, and the Petitioner appealed. Upon our review, we respectfully affirm the judgment of the post-conviction court. |
Court of Criminal Appeals | ||
State of Tennessee v. Brandon Bassett
Brandon Bassett, Defendant, was indicted for and convicted of five counts of aggravated sexual battery. On appeal he argues that the State’s failure to elect an offense in Count 5 resulted in a jury verdict that was not unanimous and requires reversal. Defendant also argues the trial court abused its discretion in ordering consecutive sentencing by failing to place findings on the record to show that the overall length of the sentence comported with the purposes and principles of sentencing. Because we determine that the proof at trial necessitated an election on Count 5, we reverse the conviction in Count 5 and remand for a new trial. However, we determine the trial court did not abuse its discretion in sentencing Defendant to an effective sentence of thirty years. In all other respects, the judgments are affirmed. Accordingly, the judgments of the trial court are affirmed in part, reversed in part, and remanded for further proceedings consistent with this opinion. |
Montgomery | Court of Criminal Appeals | |
SETH DOWNING v. KNOX COUNTY BOARD OF ZONING APPEALS ET AL.
This appeal arises out of a local planning commission’s approval of a development plan application. The Plaintiff sought to appeal the planning commission’s approval of the application to the local board of zoning appeals; however, a local zoning ordinance permitted the plan applicant to opt out of the appeal before the board of zoning appeals, which he did. The plaintiff then filed a petition for a writ of certiorari in the circuit court, challenging the planning commission’s approval of the application and the dismissal of his appeal by the board of zoning appeals. The plaintiff claimed that the opt-out provision violates his constitutional right; thus, by applying the opt-out provision, the board of zoning appeals acted illegally. The circuit court dismissed the petition, holding that the plaintiff impermissibly combined an original action with a petition for certiorari review. The circuit court also dismissed the plaintiff’s claim regarding the planning commission’s actions because the plaintiff did not sufficiently verify his petition. Finding no reversible error, we affirm the judgment of the circuit court. |
Knox | Court of Appeals | |
Charlene Dreaden v. White & Rhodes, P.C.
This is an accelerated interlocutory appeal as of right filed pursuant to Tennessee Supreme Court Rule 10B. Due to numerous deficiencies in the petition, the appeal is hereby dismissed. |
Davidson | Court of Appeals | |
State of Tennessee v. Nancy Abbie Tallent
The Defendant, Nancy Abbie Tallent, was convicted by an Anderson County Circuit Court jury of two counts of third-offense driving under the influence (DUI), a Class A misdemeanor. See T.C.A. § 55-10-401 (2024). The trial court merged the convictions and sentenced the Defendant to eleven months and twenty-nine days, to be served at 75%. On appeal, the Defendant contends that: (1) the trial court lacked jurisdiction over the case, (2) no probable cause existed for her arrest, (3) the trial court erred by failing to strike the testimony of witnesses who offered allegedly perjured testimony, (4) a police officer committed willful misconduct because he “overcharged” her in order to obtain a higher bond and obtain leverage for a plea agreement, (5) the trial court erred by not suppressing the blood sample evidence based upon the use of an allegedly outdated consent form, (6) the police violated the Defendant’s HIPAA rights and violated State law by requesting her medical records and by fabricating the alcohol toxicology report used at trial, (7) the police violated State law by altering video evidence used at trial, (8) she was denied due process of law due to various defects in the conviction proceedings, (9) she was denied an additional blood sample for defense testing, (10) police officers perjured themselves and suborned perjury, (11) the chain of custody for the blood evidence was not established, and (12) the State unjustifiably made a plea offer after the jury returned the guilty verdict in order to avoid an allegedly meritorious appeal following “an abusive performance” during the trial. We affirm the judgment of the trial court. |
Anderson | Court of Criminal Appeals | |
State of Tennessee v. Byron Pipkin
A Shelby County jury convicted the Defendant, Byron Pipkin, of first degree premeditated murder, especially aggravated kidnapping, possessing a firearm as a convicted felon, possessing a firearm during a felony, and possessing a handgun as a convicted felon. The trial court imposed an effective life sentence plus sixty-eight years in the Tennessee Department of Correction. On appeal, the Defendant asserts that the evidence is insufficient to support his first degree premeditated murder conviction and the trial court erred when it admitted prejudicial information. After review, we affirm the trial court’s judgments. |
Shelby | Court of Criminal Appeals | |
William Ferguson v. State of Tennessee
Following an automobile accident allegedly involving a State of Tennessee employee, claimant sought damages against the State based on alleged injuries arising from the accident. The Division of Claims and Risk Management denied the claim, and claimant appealed to the Claims Commission. Because claimant’s appeal was not filed within the ninety-day statutory time limit, the Claims Commission dismissed it. Finding no error, we affirm. |
Court of Appeals | ||
State of Tennessee v. Corridirus Qualls a/k/a "Shoota"
Defendant, Corridirus Qualls, was convicted of one count of first degree premeditated murder; two counts of attempted second degree murder; one count of reckless endangerment by discharging a firearm into an occupied habitation; two counts of employing a firearm during the commission of a dangerous felony; two counts of aggravated assault; and one count of reckless endangerment. The trial court sentenced Defendant to a total effective sentence of life plus eighteen years. On appeal, Defendant argues that (1) the evidence was insufficient to support his convictions and (2) the trial court abused its discretion by imposing partial consecutive sentencing. After review, we affirm the judgments of the trial court. |
Lauderdale | Court of Criminal Appeals | |
Yvonne Bertrand v. Carlex Glass America, LLC
An employee discharged in a reduction-in-force claimed her employer discriminated against her. The trial court determined that the employee was unable to establish a prima facie case of discrimination and granted summary judgment to the employer. We affirm. |
Davidson | Court of Appeals | |
Kathryn Summers-O'Rourke v. Patrick O'Rourke, Jr.
In this post-divorce proceeding, Appellant initiated a contempt action against Appellee for failure to make two alimony payments, as required under the parties’ marital dissolution agreement (“MDA”). After Appellee remitted payment, the sole issue to be tried was the amount of attorney’s fees Appellant expended enforcing the MDA. Appellant sought $14,289.50 in attorney’s fees and $396.36 in expenses. The trial court awarded her $2,500.00. Because the trial court made limited findings and failed to consider Rule 1.5(a) of the Tennessee Rules of Professional Conduct, we vacate its award of attorney’s fees. On remand, the trial court is instructed to reconsider Appellant’s attorney’s fee award in view of the Rule 1.5(a) factors and to make written findings consistent with these factors. Husband’s request for appellate attorney’s fees is denied. |
Davidson | Court of Appeals | |
Matthew Edwin Rushton v. Whitney Brooke Rushton
In this accelerated interlocutory appeal, Father seeks to appeal the denial of his motion to recuse the trial court judge. Because we can find no evidence in the record of any bias that would require recusal, we affirm the trial court’s denial of the motion. |
Lawrence | Court of Appeals | |
Joy Francine Mitchell Byrd v. Samuel Byrd, Jr.
Because the order from which the appellant has filed an appeal does not constitute a final appealable judgment, this Court lacks jurisdiction to consider this appeal. |
Knox | Court of Appeals | |
Sally McIver v. Keith Dessinger
This is an interlocutory appeal as of right filed pursuant to Tennessee Supreme Court Rule 10B by the defendant, Keith Dessinger, concerning his motion seeking recusal of the trial court judge. Having reviewed the petition for recusal appeal filed by Mr. Dessinger, we determine it to be fatally deficient. We therefore dismiss the appeal. |
Shelby | Court of Appeals | |
State of Tennessee v. Andrew Jackson
The Defendant, Andrew Jackson, through counsel, has filed a motion for review of |
Hamblen | Court of Criminal Appeals | |
Brady Daniels Et Al. v. Vince Trotter
In this constitutional challenge involving a non-judicial foreclosure, the trial court determined that Tennessee Code Annotated § 35-5-106 is not unconstitutional as applied because the City of Chattanooga acted in a proprietary capacity when it conducted a non-judicial foreclosure of a deed of trust. Thus, only private conduct is at issue and constitutional rights are not implicated. We affirm. |
Hamilton | Court of Appeals | |
State of Tennessee v. Heather Jackson
The Defendant, Heather Jackson, through counsel, has filed a motion for review of |
Hamblen | Court of Criminal Appeals | |
Jill Cheri Howe v. Donovan Todd Howe
This is a post-divorce civil contempt action stemming from a divorce that was finalized in 2014. At the hearing on the contempt petition in February 2024, the husband moved the trial court to dismiss the petition because the parties’ marital dissolution agreement was not in the record. The trial court granted this motion but later, upon motion by the wife, set aside the 2014 final decree pursuant to Rule 60.01. The trial court re-entered the final decree, nunc pro tunc, with the marital dissolution agreement attached. From this order, the husband timely appeals to this Court. We reverse. |
Court of Appeals | ||
In Re Taron H.
This is a termination of parental rights appeal. The trial court found that four statutory grounds existed to terminate Mother’s and Father’s parental rights to the minor child and that termination of parental rights would be in the child’s best interest. Father has appealed. We affirm the decision of the trial court. |
Davidson | Court of Criminal Appeals | |
Clarksville Montgomery County Education Association v. Clarksville Montgomery County Board of Education
In 2020, a local board of education adopted changes to its student code of conduct requiring, among other things, that teachers participate in a student discipline policy and engage in social and emotional learning support. The local teachers’ association filed suit, arguing that the board of education was required to engage in collaborative conferencing with the teachers’ association before adopting the changes because they constituted “working conditions” under the Professional Educators Collaborative Conferencing Act of 2011, Tennessee Code Annotated section 49-5-608(a). The trial court agreed and granted summary judgment in favor of the teachers’ association. We reverse. |
Montgomery | Court of Appeals |