Opinions
Cheyney McCarter, d/b/a USA Sports Grill, LLC v. City of Mt. Juliet, et al.
The Mt. Juliet Beer Board suspended the beer permit of a restaurant, and the restaurant owner appealed the suspension to the chancery court by filing a petition for writ of certiorari. The City did not file an answer within the requisite time period because it did not believe Tenn. Code Ann. § 57-5-108, which governs appeals of beer board decisions, required this. The City actively participated in the case in other ways by filing a motion to set the case for trial, filing a comprehensive pre-trial brief, and responding to discovery requests. The restaurant owner moved for default judgment based on the City’s failure to answer the petition, after which the City filed an answer. On the day set for trial, the trial court awarded the restaurant owner a default judgment based on the City’s failure to file an answer in a timely fashion and its failure to seek leave to file a late answer. We reverse and remand to the trial court for further proceedings. |
Wilson | Court of Appeals | |
State of Tennessee v. April Nicole Cromwell
The Defendant, April Nicole Cromwell, pleaded guilty to theft of property valued at more than $10,000, a Class C felony. See T.C.A.§ 39-14-103 (2010). The trial court sentenced the Defendant as a Range I, standard offender to three years with one year to serve and the remainder on probation. On appeal, the Defendant contends that the trial court erred by (1) failing to sentence her to community corrections or probation and (2) denying her request for judicial diversion. We affirm the judgment of the trial court. |
Hardin | Court of Criminal Appeals | |
State of Tennessee v. Candice Stinson
The Defendant, Candice Stinson, was convicted by a Shelby County Criminal Court jury of fourteen counts of cruelty to animals, a Class A misdemeanor. See T.C.A. § 39-14-202 (2010). For each count, the trial court imposed a sentence of eleven months and twenty-nine days, with six months to be served in jail, and a $200 fine, all to be served concurrently. The court also ordered her to pay $4824 in restitution to the City of Memphis Animal Services and prohibited her from owning animals for ten years and from owning animals for commercial purposes for life. On appeal, the Defendant contends that the trial court erred by denying her full probation and requiring her to serve seventy-five percent of her sentence before becoming eligible for release. We affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Harry Coleman
A Shelby County Criminal Court Jury convicted the appellant, Harry Coleman, of second degree murder, aggravated assault, and two counts of assault. After a sentencing hearing, he received an effective eighteen-year sentence. On appeal, the appellant contends that the evidence is insufficient to support the convictions and that he is entitled to a new trial based on newly discovered evidence. Based upon the oral arguments, the record, and the parties’ briefs, we affirm the appellant’s convictions and the trial court’s denial of the motion for new trial. However, the case is remanded to the trial court for correction of a clerical error on two of the judgments. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Jackson Martin
A Shelby County Criminal Court Jury convicted the appellant, Jackson Martin, of attempted second degree murder and two counts of carjacking. After a sentencing hearing, the trial court merged the carjacking convictions and sentenced him to an effective sentence of twenty-two years in confinement. On appeal, the appellant contends that (1) the trial court erred by commenting to the jury about his failure to present alibi witnesses; (2) the trial court erred by refusing to give the jury an alibi instruction; and (3) the evidence is insufficient to support the convictions. Based upon the record and the parties’ briefs, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
Ronald Woods v. State of Tennessee
A Shelby County grand jury indicted petitioner, Ronald Woods, for three counts of assault. Petitioner pleaded guilty to one count of assault, and the State agreed to dismiss the two remaining counts. During the plea hearing, petitioner also pleaded guilty to several offenses in an unrelated case that was pending in the criminal court. He received an agreed-upon effective sentence of six years, eleven months, and twenty-nine days for both cases. Petitioner requested post-conviction relief, alleging: (1) that the State engaged in vindictive prosecution; (2) that he received ineffective assistance of counsel; (3) that his guilty plea was involuntary; and (4) that he was denied due process of law. Following our review, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
Dianna A. Gaddes v. Paul W. Gaddes, Jr.
Mother petitioned for criminal contempt against Father due to his alleged failure to pay child support as required and she further sought reimbursement for one-half of the children’s optical and dental expenses. Father counter-petitioned for contempt against Mother. The trial court found Father in criminal contempt, but it declined to impose incarceration. However, the trial court denied Mother’s request for optical and dental reimbursement, finding Father was under no obligation to pay such. We affirm in part and we reverse in part. |
Williamson | Court of Appeals | |
State of Tennessee vs. Gary Adams
A Davidson County Criminal Court Jury convicted the appellant, Gary Adams, of four counts of aggravated rape. The trial court imposed four, consecutive sentences of twenty-five years for a total effective sentence of 100 years in the Tennessee Department of Correction. On appeal, the appellant challenges the sufficiency of the evidence sustaining his convictions, the trial court’s refusal to merge the convictions, and the sentences imposed by the trial court. Upon review, we affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
Shawn Blair v. State of Tennessee
The petitioner, Shawn Blair, appeals the post-conviction court’s dismissal of his petition for post-conviction relief from his two convictions for simple possession of marijuana and resulting consecutive sentences of eleven-months, twenty-nine days. On appeal, the petitioner contends that he is entitled to post-conviction relief because he was not advised by trial counsel or the trial court about the immigration consequences of his pleas. Upon review, we affirm the post-conviction court’s denial of the petition. |
Rutherford | Court of Criminal Appeals | |
In re Devonta L.C. et al
This is a termination of parental rights case focusing on three minor children (“the Children”). The defendants are Russell C. (“Father”) and Brandy C. (“Mother”). The Children were taken into custody by the Department of Children’s Services (“DCS”) in January 2008 because of repeated injuries sustained by the oldest child. DCS filed a petition to terminate the parental rights of both parents in April 2010, alleging numerous grounds for termination. Following a bench trial, the court granted the petition after finding, by clear and convincing evidence, that Father and Mother were in substantial noncompliance with the permanency plans and that the conditions leading to removal still persisted. However, the trial court found that severe child abuse was not proven. The court did find, by clear and convincing evidence, that termination is in the Children’s best interest. Father and Mother appeal. We reverse in part and affirm in part. Termination of the parents’ parental rights is affirmed. |
Knox | Court of Appeals | |
State of Tennessee v. Robert Nelson Buford, III
A Davidson County Criminal Court Jury convicted the appellant, Robert Nelson Buford, III, of facilitation of first degree felony murder and facilitation of attempted especially aggravated robbery. After a sentencing hearing, the appellant received an effective thirty-five-year sentence. On appeal, he contends that (1) the evidence is insufficient to support the convictions; (2) the trial court should have suppressed his statement to police because he invoked his right to remain silent; (3) his prior bad acts were inadmissible; (4) the trial court should have given the jury a requested instruction; and (5) his effective sentence is excessive. Based upon the oral arguments, the record, and the parties’ briefs, we conclude that the trial court erred by admitting the appellant’s statement into evidence because the appellant invoked his right to remain silent but that the error was harmless. Therefore, we affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
Demetrius Byrd v. State of Tennessee
Petitioner, Demetrius Byrd, appeals the dismissal of his petition for post-conviction relief from felony drug convictions in which he alleged that his guilty plea was unknowingly and involuntarily entered due to the ineffective assistance of trial counsel. More specifically he contends that (1) trial counsel failed to properly investigate his case to determine that Petitioner’s co-defendant, Dominic Jones, pled guilty to the cocaine offense under a separate indictment and accepted full responsibility for the offense; and (2) trial counsel insisted that he plead guilty to avoid federal prosecution. After a thorough review of the record, we conclude that Petitioner has failed to show that his trial counsel rendered ineffective assistance of counsel, and we accordingly affirm the judgment of the post-conviction court. |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v. Samuel Moore
A Warren County Circuit Court Jury convicted the appellant, Samuel Moore, of attempted first degree murder, aggravated assault, and assault. The trial court imposed a total effective sentence of thirty-one years in the Tennessee Department of Correction. On appeal, the appellant challenges the State’s failure to provide him with a verbatim transcript of the suppression hearing, the trial court’s denial of his motion to suppress, the sufficiency of the evidence supporting his convictions, and the sentences imposed. Upon review, we affirm the judgments of the trial court. |
Warren | Court of Criminal Appeals | |
Terry Suzanne Adkison Chambers v. Frank C. Chambers
Husband appeals the trial court’s award of alimony and partial attorney’s fees to Wife in this divorce action. Finding no abuse of discretion on the part of the trial court, we affirm. |
Fayette | Court of Appeals | |
Beal Bank, SSB v. David and Connie Prince
Plaintiffs appeal the dismissal pursuant to Rule 12.02(6) of the Tennessee Rules of Civil Procedure of their claims for conspiracy, negligence, and negligent infliction of emotional distress arising from an alleged wrongful foreclosure.We affirm the trial court in all respects. |
Lawrence | Court of Appeals | |
The 4-J L.P. v. Scarbrough & Weaver, PLC et al.
In this case regarding title insurance company’s duty to seller of real property, the trial court found no factual dispute regarding the escrow agent’s apparent agency and granted summary judgment to title insurance company against seller of real property. Discerning no error, we affirm. |
Davidson | Court of Appeals | |
Connie Lou Jolley v. Ronald Van Jolley
In this divorce proceeding, Husband appeals the trial court’s determination that, pursuant to the unclean hands doctrine, he is not entitled to proceeds of property sold in a partition action. Finding no error, we affirm the trial court. |
White | Court of Appeals | |
Nicolle M. Johnson v. Brian Keith Johnson
Mother and Father were divorced, and Mother was named the primary residential parent of their three children. Mother remarried and decided to relocate to California. Father opposed the relocation and sought to be named the primary residential parent. By the time of hearing, relocation of only one child was at issue. Father introduced expert testimony that the relocation would pose a threat of specific and serious harm to the child that outweighed the threat of harm to the child from a change of custody, as set forth in Tenn. Code Ann. §36-6108(d)(1)(B). Relying on the expert’s testimony, the trial court denied Mother the opportunity to relocate with the child to California. Mother appealed, and we affirm the trial court’s judgment. |
Rutherford | Court of Appeals | |
Suzanne Renee Williams-Ali as personal representative of the Estate of Ruby Lee Cofer Williams v. Mountain States Health Alliance
This is a case alleging negligence by defendant, Mountain States Health Alliance, which resulted in injury to a patient, Ruby Williams. Ms. Williams fell off a table while she was undergoing myocardial perfusion imaging, also known as a nuclear stress test. Mountain States Health Alliance asserted that Ms. Williams’s complaint sounded in medical malpractice instead of ordinary negligence, and asked for summary judgment because Ms. Williams had not complied with the filing requirements of the medical malpractice statute. The trial court granted summary judgment, finding that the case involved a medical malpractice claim rather than an ordinary negligence claim. Ms. Williams’s Estate appeals. We affirm the trial court’s ruling. |
Washington | Court of Appeals | |
In Re Austin D. et al
The trial court terminated the parental rights of Nicole D. (“Mother”) and Terry D. (“Father”) to their minor children, Austin D. and Trinity D. (collectively “the Children”). Mother and Father separated after an incident of domestic violence; the Children remained with Mother. A drug raid at Mother’s house led the Department of Children’s Services (“DCS”) to remove the Children and take them into temporary protective custody. DCS filed a petition seeking temporary legal custody. Later, the Children’s maternal grandmother, Lisa D. V. (“Grandmother”), filed an intervening petition and was granted temporary custody. A year later, Grandmother filed a petition seeking to terminate both parents’ parental rights; she seeks to adopt the Children. Following a bench trial, the court granted the petition based upon its findings, said to be made by clear and convincing evidence, that multiple grounds for termination exist and that termination is in the Children’s best interest. Mother and Father appeal. We vacate in part and affirm in part. As to the trial court’s decision that termination is appropriate, we affirm that ultimate conclusion. |
Bradley | Court of Appeals | |
In Re: Estate of Danny W. Wilson, Deceased
Claimant filed a claim against the estate of his first cousin, seeking repayment of $47,300 in loans he made to the Decedent in the months before his death. The trial court sustained the claim, and the administrator of the estate appeals. We affirm. |
Lauderdale | Court of Appeals | |
In Re: Jacob A.G. et al.
Robin M.G. (“Mother”) appeals the termination of her parental rights to her minor children, Daniel E.S. and Jacob A.G. (“the Children”). At separate times, the Children 1 were removed to the custody of the Department of Children’s Services (“DCS”) and were placed in foster care. DCS took custody of Daniel after he pleaded “true” to disorderly conduct and was adjudicated unruly. A year later, DCS petitioned the court to declare both Children dependent and neglected in Mother’s care and took Jacob into immediate protective custody. After the Children were adjudicated as being dependent and neglected, DCS implemented a permanency plan for each and worked with Mother for two years in a failed effort to reunify the family. DCS filed a petition to terminate Mother’s parental rights. After a bench trial, the court found, by clear and convincing evidence, that multiple grounds for terminating Mother’s rights exist and that termination is in the best interest of the Children. Mother appeals. We affirm. |
Cumberland | Court of Appeals | |
Harold Dean McDaniel v. Kimberly Ruth McDaniel
This appeal arises from a divorce. Harold Dean McDaniel (“Husband”) sued Kimberly Ruth McDaniel (“Wife”) for divorce in the Circuit Court for Hamilton County (“the Trial Court”). After a long and contentious legal battle, including an earlier appeal to this Court and subsequent remand for a new trial, the Trial Court entered its supplemental final decree of divorce. Wife appeals, raising a number of issues. We hold that the Trial Court did not adequately compute child support, and, therefore remand for its proper computation. We also modify the allocation of guardian ad litem fees. Otherwise, we affirm the judgment of the Trial Court. We affirm the judgment of the Trial Court as modified, in part, and vacated, in part. |
Hamilton | Court of Appeals | |
Keenan W. Carroll v. Chandra P. Carroll
This case involves the issue of retroactive child support and whether the trial court appropriately denied Wife’s request. Husband’s divorce petition was pending for more than three years before Wife answered. During that time the parties were separated, and Husband made monthly car payments on Wife’s vehicle in an amount that exceeded what would have been his child support obligation. We conclude that Husband satisfied his child support obligations based on the unique facts of this case and affirm the trial court’s judgment. |
Montgomery | Court of Appeals | |
Coffee County Bank v. Robert Eugene Hulan and Sherry Renee Hulan
A bank filed a complaint against husband and wife to recoup money owed on a credit agreement after a foreclosure sale failed to produce sufficient funds to repay the loan in full. The trial court entered a judgment against the couple, and the couple appealed. We reverse the trial court’s judgment because the bank relied on two different versions of a credit agreement, thereby failing to prove the existence of an enforceable contract with definite terms. |
Coffee | Court of Appeals |