Donna Lynn Lund v. John Fredrik Lund
This is the second appeal of this post-divorce case to this court. Donna Lynn Lund (“Wife”) and John Fredrik Lund (“Husband”) were divorced in 2008. In the first appeal of the trial court’s classification of marital property, this court held that the increase in value of Husband’s pre-marital annuity was separate property. On remand, the trial court divided the property as consistent with this court’s opinion. Wife filed post-judgment motions and a subsequent motion for Rule 60.02 relief, asserting that the order on remand contained errors of law and that she mistakenly failed to file a timely notice of appeal. The trial court denied the Rule 60.02 motion. Wife appeals. We affirm the decision of the trial court. |
Loudon | Court of Appeals | |
State of Tennessee v. Larry Edward Moore, Jr.
Defendant, Larry Edward Moore, Jr., was convicted of carjacking, a Class B felony and was sentenced to serve thirty (30) years as a Range III, career offender. This Court affirmed the conviction and sentence in State v. Larry Edward Moore, Jr., No. M2008-00703-CCA-R3-CD, 2010 WL 457493 (Tenn. Crim. App., filed Feb. 10, 2010) (hereinafter “Moore I”). From that judgment,Defendant filed an application for permission to appeal to the Tennessee Supreme Court pursuant to Tennessee Rule of Appellate Procedure 11. In his application, Defendant presented only one specific issue, which is set forth below. In its order concerning the Rule 11 application, the Supreme Court ordered a supplementation of the record on appeal. The Supreme Court also remanded the case to this Court for reconsideration, in light of the supplemental record, of Defendant’s “argument that the trial court erred in not redacting from [the supplemented exhibit] certain portions of [Defendant’s] statement to police.” Upon reconsideration of Defendant’s “redaction” issue, which we initially held was waived for multiple reasons, we conclude the trial court erred, but the error was harmless. Accordingly, we again affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
Timmie Darrell Boston v. State of Tennessee
The petitioner,Timmie Darrell Boston,appeals the Davidson County Criminal Court’s denial of his petition for post-conviction relief. After trial, a jury convicted him of rape of a child, a Class A felony, and assault by offensive or provocative contact, a Class B misdemeanor. He was sentenced as a Range I, standard offender and received an effective twenty-year sentence. In this appeal, the petitioner claims that he received the ineffective assistance of counsel based on trial counsel’s failure to (1) object to the prosecution’s use of leading questions when examining the victim, and (2) impeach the testimony of the victim. Upon review, we affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
411 Partnership v. Knox County, Tennessee, et al.
The Knox County Board of Zoning Appeals denied plaintiff's use on review application for a proposed shopping center. Plaintiff appealed the decision to the Circuit Court by way of a Writ of Certiorari. The Trial Court upheld the Board of Zoning Appeals' decision and plaintiff appealed to this Court. We reverse the decision of the Circuit Court on the grounds the record before the Board of Zoning Appeals does not contain substantial material evidence to uphold the Board's ruling. We reverse the Judgment of the Trial Court and remand. |
Knox | Court of Appeals | |
Dr. Pepper Pepsi-Cola Bottling Company of Dyersburg, LLC v. Reagan Farr, Commissioner of Tennessee Department of Revenue
An in-state bottled soft drink manufacturer argues, pursuant to the bottler’s tax statute, that the in-state distributor to which it sells may pay the bottler’s tax on such sales and utilize its own franchise and excise tax credit. Absent this flexibility, the manufacturer contends, equal protection guarantees are offended. The trial court granted summary judgment to the Department of Revenue, finding that the manufacturer bore the tax burden and that it could not utilize the distributor’s credit. We affirm. |
Dyer | Court of Appeals | |
Richard L. Williams v. State of Tennessee
The Petitioner, Richard L. Williams, appeals from the Davidson County Criminal Court’s denial of post-conviction relief from his guilty plea to second degree murder and twenty-five year sentence. In his appeal, the petitioner argues that he received ineffective assistance of counsel and did not enter his guilty plea knowingly, intelligently, and voluntarily due to the various failures of trial counsel. Upon review, we affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
Robin Claire Pearson Gorman v. Timothy Stewart Gorman
Husband challenges the trial court’s award of alimony in solido beginning after three years of rehabilitative alimony. We find no abuse of discretion and affirm the trial court’s decision. |
Coffee | Court of Appeals | |
Fernandez D. Davenport v. State of Tennessee
The Appellant, Fernandez D. Davenport, appeals the trial court's dismissal of his petition for habeas corpus relief. The Appellant fails to assert a cognizable claim for which habeas corpus relief may be granted. Accordingly, the judgment of the trial court is affirmed. |
Wayne | Court of Criminal Appeals | |
Robin Claire Pearson Gorman v. Timothy Stewart Gorman - Concurring
I fully concur with the reasoning and result in this opinion.Agreeing that the two most significant points we derive from Gonsewski are “the great deference appellate courts are to give to the trial court’s decisions regarding alimony and the disfavor for long-term alimony,” I write separately to recognize an important exception to the deferential standard of review that was not affected by Gonsewski, that being the less deferential standard that applies when the alimony decision is based upon findings of fact that are not supported by the evidence.Such was the case in Jekot v. Jekot, No. M2010-02467-COA- R3CV, 2011 WL 5115542 (Tenn. Ct. App.Oct.25,2011), wherein we recently reversed the trial court’s alimony award. |
Coffee | Court of Appeals | |
Lydia Lee Ogle v. Kevin Frank Ogle
In a divorce action, Husband appeals the trial court’s designation of Wife as the primary residential parent, its allocation of the marital debt, and its denial of alimony. Discerning no error, we affirm. |
Warren | Court of Appeals | |
Janson Pope v. Sayuri Pope
In this post-divorce dispute, wife challenges the trial court’s credibility finding, an award for alimony arrearage, and an award of attorney fees. While we find that the amount of the arrearage award should be modified, we affirm the decision of the trial court in all other respects. |
Davidson | Court of Appeals | |
Ceildeck Corporation v. Herbert Ivey
This case involves a race to the courthouse after a Benefit Review Conference ("BRC"). The employee, a Dickson County resident, was allegedly injured in Davidson County during the course and scope of his employment. The employee and his employer unsuccessfully attempted to settle the employee’s claim at a BRC held on October 11, 2010; an impasse was declared at 10:27:19 a.m. Employee’s complaint was filed in the Chancery Court of Dickson County at 10:27 a.m. Employer’s complaint was filed in the Chancery Court of Davidson County at 10:28 a.m. The employee filed a motion to dismiss the employer’s Davidson County complaint based on the doctrine of prior suit pending. The trial court granted the motion, and the employer appealed.We affirm the judgment of the trial court. |
Davidson | Workers Compensation Panel | |
State of Tennessee v. Gerald James Wingard
The defendant, Gerald James Wingard, was convicted of aggravated robbery, a Class B felony, and sentenced to ten years as a Range I offender. On appeal, the defendant claims that: (1) the evidence was insufficient to support his conviction; (2) the trial court erred by denying his request for a particular jury instruction; and (3) the trial court erred by refusing to apply certain mitigating factors offered by the defendant at sentencing. After careful review of the record, we discern no error and affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Carl T. Jones
The Petitioner, Carl T. Jones, pled guilty to robbery and agreed to a sentence of six (6) years. He subsequently filed a petition for writ of habeas corpus in the Davidson County Criminal Court. The habeas corpus court dismissed the petition. The Petitioner now appeals that dismissal. After a careful review of the record, we conclude that the Petitioner’s notice of appeal is untimely. Moreover, the Petitioner offers no reasons why the interests of justice would support a waiver of the filing deadline. Accordingly, we dismiss the Petitioner’s appeal |
Davidson | Court of Criminal Appeals | |
Justin Tyler Brewer v. State of Tennessee
Petitioner, Justin Tyler Brewer, appeals from the Wayne County Circuit Court’s denial of a petition for habeas corpus relief in which he claimed that he received a sentence outside of his range. Petitioner raises an additional claim on appeal, that the judgment for one of his convictions is void because it provides for release eligibility. After a review of the record, we determine that Petitioner has failed to show that his judgment for second degree murder is void or that his sentence has expired. Further, Petitioner is not entitled to habeas corpus relief for his aggravated kidnapping conviction according to Tennessee Code Annotated section 29-21-101. |
Wayne | Court of Criminal Appeals | |
In Re: Estate of Miriam L. Rinehart
This case concerns a holographic will executed by the testator while under a conservatorship. After the testator died, Appellant sought to be named personal representative over the decedent’s estate and to have the decedent’s holographic will probated. The decedent’s daughter objected, arguing that at the time the holographic will was executed, the decedent was under a conservatorship that expressly revoked the decedent’s right to make a will. The trial court granted the motion to dismiss in favor of the decedent’s daughter. Discerning no error, we affirm. |
Shelby | Court of Appeals | |
In the Matter of: Alex B.T.
This is a termination of parental rights case. The legal guardians of the child filed a petition to terminate Mother’s parental rights based on her alleged willful failure to visit and support the child. The trial court found that Mother’s efforts to visit and support had been frustrated by the legal guardians’ actions. Therefore, the trial court concluded that Mother’s failure to visit and support was not willful. Because the legal guardians failed to prove any of the grounds required to terminate Mother’s parental rights, the trial court denied the petition. We affirm. |
Shelby | Court of Appeals | |
State of Tennessee v. Frederick Edward Braxton
Appellant, Frederick Edward Braxton a/k/a Frederick Frank Brown, was convicted by a Davidson County Jury of selling less than .5 grams of cocaine within 1000 feet of a school, evading arrest, and criminal impersonation. On appeal, Appellant complains that: (1) the indictment did not adequatelycharge Appellant with selling a controlled substance in a drugfree school zone; (2) the State did not establish a sufficient chain of custody prior to the introduction of the cocaine into evidence; and (3) the evidence was insufficient to establish that he sold cocaine in a drug-free school zone. After a review of the record, we determine the indictment was not invalid for failing to reference the Drug Free School Zone Act because it adequately described the offense. Further, we determine that the trial court did not abuse its discretion in admitting the cocaine into evidence and that the evidence was sufficient to establish that Appellant sold cocaine weighing less than .5 grams within 1000 feet of a Drug Free School Zone. Accordingly, the judgments of the trial court are affirmed. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. James John Lewis
The Defendant, James John Lewis, pled guilty to four counts of rape of a child and four counts of incest, and the trial court sentenced him to an effective sentence of twenty-five years, twenty years of which to be served at 100% and the remaining five years to be served at 30%. Two years later, the Defendant filed a petition to correct an illegal sentence and to withdraw his guilty plea, contending that he was not informed his sentence required that he be placed on community supervision for the remainder of his life. The trial court summarily dismissed the petition. On appeal, the Defendant contends the trial court erred when it dismissed his petition. Finding no error, we affirm the trial court’s judgment. |
Sumner | Court of Criminal Appeals | |
State of Tennessee v. Tianje R. Johnson
The Defendant, Tianje R. Johnson, pled guilty to four counts of sale of a controlled substance, four counts of delivery of a controlled substance, and two counts of possession with the intent to deliver or sell a controlled substance. The appropriate counts were merged and the trial court sentenced her on the five remaining counts to an effective sentence of fourteen years in the Tennessee Department of Correction. On appeal, the Defendant argues that the trial court improperly denied her an alternative sentence and erred when it denied her motion to reduce her sentence. After a thorough review of the record and the applicable law, we affirm the trial court’s judgments. |
Marshall | Court of Criminal Appeals | |
Benjamin Indoccio v. M & A Builders, LLC, et al.
This appeal arises from injuries Plaintiff sustained after falling down a staircase while working on the construction of a home. Plaintiff filed a negligence action against the general contractorand the subcontractorresponsible for the construction ofthe custom staircase. The matter was tried before a jury, and the jury returned a verdict finding Plaintiff fifty percent at fault, the subcontractor thirty-five percent at fault, and the general contractor fifteen percent at fault. After his motion for new trial was denied, Plaintiff filed this appeal. Plaintiff asserts that the trial court erred by excluding evidence that the subcontractor’s employees used marijuana while working on the construction of the staircase, and erred by excluding evidence of misdemeanor convictions and probation violations of one of the subcontractor’s employees. Plaintiff also asserts that the trial court erroneously instructed the jury regarding notice, negligence, and foreseeability. After thoroughly reviewing the record, we find that the trial court did not abuse its discretion by excluding the evidence of alleged marijuana use or the evidence of misdemeanor convictions and probation violations. Similarly, we find that the jury instructions on notice, negligence, and foreseeability were proper. Accordingly, we affirm the judgment of the trial court. |
Rutherford | Court of Appeals | |
Forrest Erectors, Inc. v. Holston Glass Company, Inc.
A Tennessee corporation located in Montgomery County filed a breach of contract action against a Tennessee corporation located in Sullivan Countyto collect moneyallegedlyowing for services rendered in North Carolina. The defendant moved to dismiss the complaint for improper venue. The trial court granted the motion and dismissed the complaint because it concluded the proper venue was Sullivan County, where the defendant resides. We affirm the trial court’s judgment. The plaintiff’s action is transitory and therefore governed by Tenn. Code Ann. § 20-4-101. We conclude the cause of action arose in North Carolina and, pursuant to the statute, venue is proper in Tennessee where the defendant resides. |
Montgomery | Court of Appeals | |
State of Tennessee v. Eric Ricardo Middleton
The defendant, Eric Ricardo Middleton, was convicted by a Madison County Circuit Court jury of first degree premeditated murder; second degree murder, a Class A felony; and tampering with the evidence, a Class C felony. He was sentenced to an effective term of life imprisonment plus twenty-five years. On appeal, the defendant argues that: (1) the trial court erred in allowing the doctor who performed the autopsies on the victims to testify as an expert; (2) the trial court erred in denying his request for a jury instruction that Mary Thompson, the co-defendant, was an accomplice as a matter of law; (3) the evidence was insufficient to sustain his convictions; and (4) the trial court erred in imposing partial consecutive sentences. After review, we affirm the judgments of the trial court. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Jessie Lee Palmer
The Defendant-Appellant, Jessie Lee Palmer, pled guilty in the Circuit Court of Dyer County to promotion of methamphetamine manufacture, a Class D felony. He was sentenced as a Range II, multiple offender and received four years’ imprisonment. Pursuant to Rule 37(b)(2)(A) of the Tennessee Rules of Criminal Procedure, Palmer reserved certified questions of law addressing whether the trial court erred in denying his motion to suppress evidence obtained following the stop and search of a taxicab in which Palmer was a passenger. In this appeal, the Defendant-Appellant, raises the following issues for our review: (1) whether he has standing to challenge the search; (2) whether the officers had reasonable suspicion to stop the car; (3) whether the taxicab driver’s consent to search was obtained as a result of an illegal stop; and (4) whether the evidence seized from the taxicab should have been suppressed as fruit of the poisonous tree. Upon review, we affirm the judgment of the trial court. |
Dyer | Court of Criminal Appeals | |
State of Tennessee v. Kristie M. Smith
Defendant, Kristie M. Smith, was indicted by the Knox County Grand Jury for the first degree premeditated murder of her boyfriend, Curtis Phoenix. Following a jury trial, Defendant was convicted as charged and sentenced to life imprisonment. On appeal, Defendant asserts that: 1) the evidence was insufficient to sustain her conviction; 2) the admission into evidence of Defendant’s recorded phone calls from jail was error; 3) the admission into evidence of letters written by the Defendant while in jail was error;and 4) Defendant received the ineffective assistance of counsel at trial. After a thorough review of the record before us, we affirm the judgment of the trial court. |
Knox | Court of Criminal Appeals |