American Home Assurance Company, Et Al v. State of Tennessee
Claimant insurance companies challenge the state’s calculation of the retaliatory tax. They filed claims for refunds in the claims commission. The commission ruled for the state. Claimants appealed, alleging that New York law required the charges at issue to be passed on to the policy holder, so the charges should not be included in the retaliatory tax calculation. We find that four of the charges should be included in the retaliatory tax calculation and two should not. Claimants also raise several constitutional challenges, all of which we reject. |
Court of Appeals | ||
Chartis Casualty Company Et Al. v. State of Tennessee
Five separate groups of Pennsylvania-domiciled insurance companies filed five separate tax refund claims in which each challenges the imposition of retaliatory insurance premium taxes by the Tennessee Department of Commerce and Insurance pursuant to Tenn. Code Ann. § 56-4-218. The central issue presented is whether Pennsylvania’s surcharges or assessments forthree Workmen’s Compensation funds are imposed upon Tennessee-domiciled insurance companies doing business in Pennsylvania and, therefore, fall within Tennessee’s retaliatory insurance premium tax statute. The Tennessee Claims Commission ruled in favor of the state and all of the Pennsylvania insurance companies appealed. Finding no error, we affirm. |
Court of Appeals | ||
Ricardo Davidson v. State of Tennessee
The petitioner, Ricardo Davidson, appeals the denial of his petition for post-conviction relief. The petitioner was convicted by a jury of possession with intent to sell 300 grams or more of cocaine within a Drug Free School Zone, conspiracy to possess with intent to sell or deliver over 300 grams or more of cocaine within a Drug Free School Zone, possession with intent to sell or deliver ten pounds or more of marijuana within a Drug Free School Zone, conspiracy to possess with intent to sell or deliver over ten pounds of marijuana in a Drug Free School Zone, and possession of unlawful drug paraphernalia. He was subsequently sentenced to an effective term of fifteen years in the Department of Correction. Following the denial of his direct appeal, the petitioner filed a petition for post-conviction relief alleging that he was denied his right to the effective assistance of counsel. On appeal, he specifically contends that trial counsel was ineffective by: (1) failing to adequately argue the motion to suppress; (2) failing to argue the issue of the racial makeup of the jury on the Motion for Acquittal or New Trial; and (3) failing to make an argument for and request a jury instruction under the natural and probable consequence rule. The petitioner further alleges that both trial and appellate counsel were ineffective in failing to adequately communicate with him during their respective representations. Following review of the record, we affirm the denial of post-conviction relief. |
Maury | Court of Criminal Appeals | |
State of Tennessee v. Kevin R. Beasley
A Davidson County grand jury indicted the Defendant, Kevin R. Beasley, for attempted first degree premeditated murder. The trial court ordered that the Defendant undergo a forensic evaluation, after which it found the Defendant was competent to stand trial. The Defendant filed a motion to suppress his statement to police, which the trial court granted. The case was dismissed, and the State filed a notice of appeal. After a thorough review of the record and applicable authorities, we conclude that the trial court abused its discretion when it granted the Defendant’s motion to suppress. As such, we reverse the trial court’s judgment and remand this case for proceedings consistent with this opinion. |
Davidson | Court of Criminal Appeals | |
Eric Johnson et al. v. Parkwest Medical Center
Eric Johnson, acting individually and as next of kin of the decedent, Jana Lanell Johnson, and the Estate of Jana Lanelle Johnson (“Plaintiffs”), filed the instant action on April 27, 2010, regarding Ms. Johnson’s death. The action alleged health care liability claims pursuant to Tennessee Code Annotated § 29-26-115, as well as other claims, including ordinary negligence and intentional infliction of emotional distress. An agreed order granting partial summary judgment to Parkwest Medical Center (“Parkwest”) was entered with regard to Plaintiffs’ non-medical claims. Parkwest subsequently filed a motion to dismiss, alleging that Plaintiffs failed to comply with all of the requirements of Tennessee Code Annotated § 29-26-121 regarding the health care liability claim. Upon hearing, the trial court granted the motion. Plaintiffs filed additional motions regarding newly discovered evidence, including a motion seeking to set aside the prior order granting partial summary judgment or to amend the complaint, a motion to amend the certificate of good faith, and a motion seeking sanctions. The trial court denied Plaintiffs’ motion seeking to set aside the prior order granting partial summary judgment or to amend the complaint, as well as Plaintiffs’ motion to amend the certificate of good faith. The trial court failed to rule on Plaintiffs’ motion seeking sanctions. Plaintiffs have appealed to this Court. We affirm the trial court’s dismissal of Plaintiffs’ health care liability claim based on Plaintiffs’ failure to substantially comply with the requirements of Tennessee Code Annotated § 29-26-121. We vacate the trial court’s rulings with regard to Plaintiffs’ motions to amend and motion to set aside the partial summary judgment order. We remand for further proceedings consistent with this opinion. |
Knox | Court of Appeals | |
In Re Gabriel V.
Father in this juvenile court custody dispute has filed a Tenn. Sup. Ct. R. 10B petition for recusal appeal seeking an interlocutory appeal as of right from the trial court’s denial of his motion for recusal. Having reviewed the petition for recusal appeal de novo as required by Rule 10B, §2.06, we summarily affirm the trial court’s denial of the motion for recusal. |
Davidson | Court of Appeals | |
Valley Forge Insurance Company v. State of Tennessee
Five separate groups of Pennsylvania-domiciled insurance companies filed five separate tax refund claims in which each challenges the imposition of retaliatoryinsurance premium taxes by the Tennessee Department of Commerce and Insurance pursuant to Tenn. Code Ann. § 56-4-218. The central issue presented is whether Pennsylvania’s surcharges or assessments forthree Workmen’s Compensation funds are imposed upon Tennessee-domiciled insurance companies doing business in Pennsylvania and, therefore, fall within Tennessee’s retaliatory insurance premium tax statute. The Tennessee Claims Commission ruled in favor of the state and all of the Pennsylvania insurance companies appealed. Finding no error, we affirm. |
Court of Appeals | ||
In The Matter Of: Terry S.C., Trevin S.C., Trustin S.C.
This is a termination of parental rights case. Mother’s parental rights were terminated on the grounds of abandonment by willful failure to visit, Tenn. Code Ann. § 36-1-113(g)(1), 36-1102(1)(A)(i); abandonment by willful failure to support, Tenn. Code Ann. § 36-1-113(g)(1), 36-1-102(1)(A)(i); abandonment by failure to establish a suitable home, Tenn. Code Ann. § 36-1-113(g)(1), 36-1-102(1)(A)(ii); substantial noncompliance with a permanency plan, Tenn. Code Ann. § 36-1-113(g)(2); and persistence of conditions, Tenn. Code Ann. § 36-1113(g)(3). We reverse in part and we affirm in part; we affirm the termination of Mother’s parental rights. |
Lincoln | Court of Appeals | |
American Casualty Company of Reading, Pennsylvania v. State of Tennessee
Five separate groups of Pennsylvania-domiciled insurance companies filed five separate tax refund claims in which each challenges the imposition of retaliatory insurance premium taxes by the Tennessee Department of Commerce and Insurance pursuant to Tenn. Code Ann. § 56-4-218. The central issue presented is whether Pennsylvania’s surcharges or assessments forthree Workmen’s Compensation funds are imposed upon Tennessee-domiciled insurance companies doing business in Pennsylvania and, therefore, fall within Tennessee’s retaliatory insurance premium tax statute. The Tennessee Claims Commission ruled in favor of the state and all of the Pennsylvania insurance companies appealed. Finding no error, we affirm. |
Court of Appeals | ||
Chartis Casualty Company et al. v. State of Tennessee
Five separate groups of Pennsylvania-domiciled insurance companies filed five separate tax refund claims in which each challenges the imposition of retaliatory insurance premium taxes by the Tennessee Department of Commerce and Insurance pursuant to Tenn. Code Ann. § 56-4-218. The central issue presented is whether Pennsylvania’s surcharges or assessments forthree Workmen’s Compensation funds are imposed upon Tennessee-domiciled insurance companies doing business in Pennsylvania and, therefore, fall within Tennessee’s retaliatory insurance premium tax statute. The Tennessee Claims Commission ruled in favor of the state and all of the Pennsylvania insurance companies appealed. Finding no error, we affirm. |
Court of Appeals | ||
Old Republic Insurance Company, et al. v. State of Tennessee
Five separate groups of Pennsylvania-domiciled insurance companies filed five separate tax refund claims in which each challenges the imposition of retaliatory insurance premium taxes by the Tennessee Department of Commerce and Insurance pursuant to Tenn. Code Ann. § 56-4-218. The central issue presented is whether Pennsylvania’s surcharges or assessments forthree Workmen’s Compensation funds are imposed upon Tennessee-domiciled insurance companies doing business in Pennsylvania and, therefore, fall within Tennessee’s retaliatory insurance premium tax statute. The Tennessee Claims Commission ruled in favor of the state and all of the Pennsylvania insurance companies appealed. Finding no error, we affirm. |
Court of Appeals | ||
Eric Vislosky v. State of Tennessee
The petitioner, Eric Vislosky, appeals the denial of his petition for post-conviction relief, arguing that he received ineffective assistance of trial counsel and that his guilty plea to Class B sexual exploitation of a minor was therefore unknowing and involuntary. Following our review, we affirm the denial of the petition. |
Bradley | Court of Criminal Appeals | |
State of Tennessee v. Aliscia Caldwell - RE: Jenkins Bonding Company
Jenkins Bonding Company executed as a surety an appearance bond for the Defendant, Aliscia Caldwell, on several cases as detailed below. The Defendant failed to appear, and the general sessions court forfeited the bond and issued a scire facias and a capias for the Defendant’s arrest. The bonding company physically surrendered the Defendant to the trial court and rquested that it be relieved as surety. The trial court denied the surrender and released the Defendant on the same bond. Subsequently, the Defendant failed to appear at another court hearing. The trial court entered a final forfeiture judgment against the bonding company. The bonding company filed a motion to alter or amend the forfeiture judgment against it, saying that it should be exonerated of the bond because it lawfully surrendered the Defendant. The trial court denied the motion. On appeal, the bonding company argues that the trial court did not have the authority to deny the surrender and release the Defendant over the surety’s objection. After a thorough review of the record and applicable authorities, we reverse the trial court’s judgment, and we remand the case for entry of an order releasing Jenkins Bonding as surety in this case. |
Davidson | Court of Criminal Appeals | |
ACE American Insurance Company, Et Al. v. State of Tennessee
Five separate groups of Pennsylvania-domiciled insurance companies filed five separate tax refund claims in which each challenges the imposition of retaliatory insurance premium taxes by the Tennessee Department of Commerce and Insurance pursuant to Tenn. Code Ann. § 56-4-218. The central issue presented is whether Pennsylvania’s surcharges or assessments forthree Workmen’s Compensation funds are imposed upon Tennessee-domiciled insurance companies doing business in Pennsylvania and, therefore, fall within Tennessee’s retaliatory insurance premium tax statute. The Tennessee Claims Commission ruled in favor of the state and all of the Pennsylvania insurance companies appealed. Finding no error, we affirm. |
Court of Appeals | ||
In The Matter Of: Terry S.C., Trevin S.C., Trustin S.C.
This is a termination of parental rights case. Mother’s parental rights were terminated on the grounds of abandonment by willful failure to visit, Tenn. Code Ann. § 36-1-113(g)(1), 36-1102(1)(A)(i); abandonment by willful failure to support, Tenn. Code Ann. § 36-1-113(g)(1), 36-1-102(1)(A)(i); abandonment by failure to establish a suitable home, Tenn. Code Ann. § 36-1-113(g)(1), 36-1-102(1)(A)(ii); substantial noncompliance with a permanency plan, Tenn. Code Ann. § 36-1-113(g)(2); and persistence of conditions, Tenn. Code Ann. § 36-1113(g)(3). We reverse in part and we affirm in part; we affirm the termination of Mother’s parental rights. |
Lincoln | Court of Appeals | |
Valley Forge Insurance Company v. State of Tennessee
Five separate groups of Pennsylvania-domiciled insurance companies filed five separate tax refund claims inwhicheach challenges the imposition of retaliatory insurance premium taxes by the Tennessee Department of Commerce and Insurance pursuant to Tenn. Code Ann. § 56-4-218. The central issue presented is whether Pennsylvania’s surcharges or assessments forthree Workmen’s Compensation funds are imposed upon Tennessee-domiciled insurance companies doing business in Pennsylvania and, therefore, fall within Tennessee’s retaliatory insurance premium tax statute. The Tennessee Claims Commission ruled in favor of the state and all of the Pennsylvania insurance companies appealed. Finding no error, we affirm. |
Court of Appeals | ||
In Re Gabriel V.
Father in this juvenile court custody dispute has filed a Tenn. Sup. Ct. R. 10B petition for recusal appeal seeking an interlocutory appeal as of right from the trial court’s denial of his motion for recusal. Having reviewed the petition for recusal appeal de novo as required by Rule 10B, §2.06, we summarily affirm the trial court’s denial of the motion for recusal. |
Davidson | Court of Appeals | |
Northern Insurance Company of NY, et al. v. State of Tennessee
Claimant insurance companies challenge the state’s calculation of the retaliatory tax. They filed claims for refunds in the claims commission. The commission ruled for the state. Claimants appealed, alleging that New York law required the charges at issue to be passed on to the policy holder, so the charges should not be included in the retaliatory tax calculation. We find that four of the charges should be included in the retaliatory tax calculation and two should not. Claimants also raise several constitutional challenges, all of which we reject. |
Court of Appeals | ||
Zurich American Insurance Company, et al. v. State of Tennessee
Claimant insurance companies challenge the state’s calculation of the retaliatory tax. They filed claims for refunds in the claims commission. The commission ruled for the state. Claimants appealed, alleging that New York law required the charges at issue to be passed on to the policy holder, so the charges should not be included in the retaliatory tax calculation. We find that four of the charges should be included in the retaliatory tax calculation and two should not. Claimants also raise several constitutional challenges, all of which we reject. |
Court of Appeals | ||
Alfred E. Emrick, Jr. v. Gregory Moseley, Et Al.
The General Sessions Court of Montgomery County entered a final judgment against the garnishees for the full amount of the judgment debtor’s debt, even though the garnishees had filed an answer and informed the court of the amount of their payments made to the judgment debtor. On appeal, the Circuit Court affirmed this final judgment, and the garnishees timely appealed to this Court. We vacate the final judgment for the full amount of the debt because (1) no conditional judgment was entered, (2) the garnishees were not provided with notice of a conditional judgment, and (3) the garnishees answered and properly informed the court regarding the amount of their payments made to the judgment debtor. We remand this action to the trial court for further proceedings consistent with this opinion. |
Montgomery | Court of Appeals | |
Cyrus Deville Wilson v. State of Tennessee
The petitioner, Cyrus Deville Wilson, appeals the denial of his petition for the writ of error coram nobis. The petitioner is currently serving a life sentence following his conviction for first degree murder. In his petition, the petitioner contended that he was entitled to relief because of recently recanted testimony by an eyewitness to the murder. The error coram nobis court concluded that the recantation was not credible and denied relief. On appeal, the petitioner contends that the court erred in denying relief because it improperly assessed the evidence presented and applied an incorrect legal standard. After a review of the record, we affirm. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Jessica Kennedy
The Defendant, Jessica Kennedy, was convicted by a Monroe County Criminal Court jury of facilitation of felony murder, a Class A felony, facilitation of aggravated robbery, a Class C felony, facilitation of burning personal property, a Class A misdemeanor, and facilitation of abuse of a corpse, a Class A misdemeanor. See T.C.A. §§ 39-13-202, 39-13-402, 39-14-303, 13-17-312, 39-11-402, 39-11-403 (2010). The trial court sentenced the Defendant as a Range I, standard offender to concurrent sentences of twenty-two years for facilitation of felony murder, five years for facilitation of aggravated robbery, eleven months, twenty-nine days for facilitation of burning personal property, and eleven months, twenty-nine days for facilitation of abuse of a corpse. On appeal, she contends that (1) the evidence is insufficient to support her convictions, (2) the trial court erred by denying her motion for a judgment of acquittal, (3) the trial court erred by denying her motion to suppress, (4) the trial court erred by failing to grant a mistrial related to the testimony of Tennessee Bureau of Investigation (TBI) Special Agent Barry Brakebill, (5) the trial court erred by permitting the State to call witnesses not listed on the indictment, (6) the trial court erred by making improper statements related to her recorded police interview and by failing to grant a mistrial, (7) the trial court erred by limiting the testimony of a psychologist, (8) the trial court erred by denying her ex parte motion for funds to secure an expert, (9) the trial court erred by overruling her motions to dismiss and to disqualify the prosecutor and the district attorney general’s office, and (10) the trial court erred by misapplying mitigating and enhancement factors during sentencing. We affirm the judgments of the trial court. |
Monroe | Court of Criminal Appeals | |
Charles M. Murphy, Jr. v. Kathy J. Cole, Et Al.
The Tennessee Department of Human Services appeals an order of the trial court reversing the Department’s holding that an applicant was not eligible for food stamp benefits or to apply for certain medicare coverage due to excessive income. Upon consideration of the record, we reverse the judgment of the trial court, affirm the decision of the Department and dismiss the petition for review. |
Marshall | Court of Appeals | |
In Re Colby W., et al
Tennessee Department of Children’s Services filed a petition for temporary custody of child, alleging that he was dependent and neglected. On de novo review from the Juvenile Court, the Circuit Court, Maury County, adjudicated child dependent and neglected and found that child suffered severe abuse while in the care of his parents. Mother appealed. We affirm. |
Maury | Court of Appeals | |
State of Tennessee v. Demontre Chavez Brown
In this appeal, the Defendant, Demontre Chavez Brown, challenges his conviction for aggravated robbery, a Class B felony, and subsequent sentence of twelve years’ incarceration. Specifically, he alleges that (1) the evidence was insufficient to support his conviction because the witnesses’ testimonies had material inconsistencies and his co-defendant’s testimony was inadequately corroborated; (2) the trial court improperly allowed his co-defendant to testify because the State did not provide him with sufficient notice of such; and (3) the trial court’s imposition of the maximum sentence was excessive because the Defendant’s record contained mostly petty juvenile offenses. Upon consideration of the record and relevant case law, we affirm the judgment of the trial court. |
Bedford | Court of Criminal Appeals |