In Re L.M.H., et al.
In this termination of parental rights case, the Department of Children’s Services filed a petition to terminate the parental rights of J.M.F. (father) with respect to L.M.H. and K.K.F. (the children). DCS alleged the following grounds for termination: (1) persistence of conditions; and (2) substantial noncompliance with the permanency plan. DCS also sought to terminate father’s rights with respect to L.M.H. on the ground of severe child abuse. The trial court entered an order finding clear and convincing evidence supporting each ground for termination. By the same quantum of proof, the trial court found that termination of father’s rights is in the best interest of the children. Father appeals. We affirm. |
Knox | Court of Appeals | |
State of Tennessee v. Clarence Eric Norris
The Defendant, Clarence Eric Norris, appeals the trial court’s ordering him to serve the remainder of his eight-year sentence in confinement after finding that he violated the terms of his community corrections sentence. Following our review, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Daniel T. Maupin
The Defendant, Daniel T. Maupin, was convicted by a Dickson County Circuit Court jury of criminally negligent homicide, a Class E felony, and driving under the influence (“DUI”), a Class A misdemeanor. He was sentenced to consecutive terms of two years for the criminally negligent homicide conviction and eleven months and twenty-nine days, suspended after service of six months, for the DUI. On appeal, the Defendant argues that the trial court erred: (1) by not declaring a mistrial after a prospective juror made a statement about drug impairment; (2) by not having the jurors put their questions in writing during the deliberations and not reducing supplemental jury instructions to writing; and (3) by denying judicial diversion. After review, we affirm the judgments of the trial court. However, we notice that the judgment in Count 2 and the transcript from the sentencing hearing indicate that restitution was reserved. Therefore, we remand for a restitution hearing or entry of a corrected judgment in Count 2 indicating the agreed-upon restitution. |
Dickson | Court of Criminal Appeals | |
State of Tennessee v. Douglas Arthur Vincent
The defendant, Douglas Arthur Vincent, appeals his Sequatchie County Circuit Court guilty-pleaded conviction of rape, claiming only that the trial court erred by imposing the maximum available sentence. Discerning no error, we affirm. |
Sequatchie | Court of Criminal Appeals | |
State of Tennessee v. Arthur Jay Hirsch
The defendant, Arthur Jay Hirsch, appeals his Lawrence County Circuit Court jury convictions of driving on a suspended license, unlawfully carrying a weapon with the intent to go armed, and violating both the vehicle registration and financial responsibility laws, claiming that the statute proscribing the unlawful carrying of a weapon is unconstitutional, that the rulings of the trial court evinced a bias against him and resulted in a violation of due process principles, and that the trial court lacked subject matter jurisdiction. Discerning no error, we affirm. |
Lawrence | Court of Criminal Appeals | |
In Re Grace N.
This appeal stems from a juvenile court proceeding in Davidson County. Mother challenges the entered parenting schedule and raises a number of issues pertaining to the trial court’s child support calculations. For the reasons expressed herein, we affirm in part, reverse in part, vacate in part and remand for further proceedings consistent with this Opinion. |
Davidson | Court of Appeals | |
Claudale Renaldo Armstrong v. State of Tennessee
The Petitioner, Claudale Renaldo Armstrong, appeals the post-conviction court’s denial of his petition for post-conviction relief in which he challenged his conviction for the sale of 0.5 grams or more of a Schedule II Controlled Substance, his conviction for the sale of less than 0.5 grams of a Schedule II Controlled Substance, and his effective sentence of twenty-six years in the Department of Correction. On appeal, the Petitioner contends that trial counsel rendered ineffective assistance by failing to file a motion seeking recusal of the trial judge after the Petitioner filed a federal lawsuit and complaints with the Board of Professional Responsibility and the Board of Judicial Conduct against the judge. Upon reviewing the record and the applicable law, we affirm the judgment of the postconviction court. |
Franklin | Court of Criminal Appeals | |
In Re Billy T.W. et al.
In this parental termination action, we conclude that the trial court properly found clear and convincing evidence to terminate the rights of the mother and father on the grounds of failure to provide a suitable home, substantial noncompliance with a permanency plan, and persistence of conditions. We conclude that the trial court erred in terminating the father’s rights on the ground of willful failure to visit. Clear and convincing evidence supports the trial court’s determination that termination of parental rights is in the best interest of the children. |
Loudon | Court of Criminal Appeals | |
In Re Preston L.
Mother and stepfather filed a parental termination action against the father of a minor child, and the trial court terminated the father’s parental rights on the following grounds: (1) incarceration under a sentence of ten years or more and the child was under the age of eight when the sentence was entered; (2) willful failure to support during the four months prior to incarceration; and (3) wanton disregard. We reverse the trial court’s determination that the petitioners presented clear and convincing evidence to support grounds of willful failure to support and wanton disregard. We affirm as to the ground of incarceration under a sentence of ten years or more and as to the trial court’s best interest determination. |
Sumner | Court of Appeals | |
In Re Estate of James Keith Owen
In this case challenging the trial court’s interpretation of the notice requirements of Tenn. Code Ann. § 30-2-306(d), we find the notice issue moot because the trial court found that the petitioner’s claim was without merit. |
Rutherford | Court of Appeals | |
Ronald Christopher Hayes v. State of Tennessee
In 2010, the Petitioner entered a “best interest” plea to second degree murder and was sentenced to a term of twenty-five years. On April 5, 2016, the Petitioner filed a petition for a writ of error coram nobis, alleging that newly discovered evidence exists. On May 5, 2016, the trial court issued an order denying the petition as time-barred. The Petitioner appeals, arguing that the trial court erred by failing to toll the statute of limitations. We affirm the trial court’s judgment. |
Jackson | Court of Criminal Appeals | |
Angela Evans v. Alliance Healthcare Services
Angela Evans (“Employee”) was employed by Alliance Healthcare Services (“Employer”) as a bus driver. On December 16, 2009, she witnessed the shooting of a coworker by a patient. She received mental health care through workers’ compensation. She did not return to work for Employer or any other entity. After exhausting the Benefit Review process, she filed this action in the Chancery Court for Shelby County, alleging that she was permanently and totally disabled by Post-Traumatic Stress Disorder (“PTSD”) caused by witnessing the shooting. Employer acknowledged the incident but asserted that Employee’s continuing mental health problems were caused by other events and stressors. Employer further asserted that Employee was not permanently and totally disabled. The trial court held that Employee was permanently and totally disabled and that the December 16, 2009 incident was the cause of her disability. Benefits were awarded accordingly. Employer has timely appealed. The appeal has been referred to the Special Workers’ Compensation Appeals Panel (“Panel”) for a hearing and a report of findings of fact and conclusions of law pursuant to Tennessee Supreme Court Rule 51. We affirm the judgment. |
Shelby | Workers Compensation Panel | |
State of Tennessee v. William "Bill" Douglas Farr, Sr.
The Defendant, William “Bill” Douglas Farr, Sr., was convicted by a Lawrence County Circuit Court jury of rape of a child, a Class A felony, and was sentenced to forty years in the Tennessee Department of Correction. On appeal, the Defendant argues that: (1) the State committed prosecutorial misconduct during closing argument by vouching for the credibility of a witness and repeatedly referring to the Defendant as a “monster”; (2) the trial court erred in failing to give specific unanimity and election of offenses jury instructions; (3) the evidence is insufficient to sustain his conviction; and (4) the trial court applied the incorrect law in determining his sentence. After review, we affirm the Defendant’s conviction but modify his sentence to twenty-five years and remand for entry of an amended judgment. |
Lawrence | Court of Criminal Appeals | |
State of Tennessee v. Michael Donald Spray
Following a bench trial, the Defendant, Michael Donald Spray, a former dispatcher for the Bedford County Sheriff’s Department, was convicted in the Bedford County Circuit Court of eight counts of sexual exploitation of a minor involving over 100 images, a Class B felony, and two counts of sexual exploitation of a minor involving over 50 images, a Class C felony, and was sentenced to an effective term of sixteen years in the Department of Correction. The sole issue the Defendant raises on appeal is whether the trial court erred in denying his motion to suppress the images on the basis they were discovered as a result of an illegal, warrantless search by a fellow employee of the sheriff’s department. Following our review, we affirm the judgments of the trial court. |
Bedford | Court of Criminal Appeals | |
Oliver Wood et al. v. Jefferson County Economic Development Oversight Committee, Inc.
In 2009 and 2010, the legislative bodies of Jefferson County, Jefferson City, and Dandridge enacted resolutions requesting that the Jefferson County Chamber of Commerce create a non-profit corporation to be called the Jefferson County Economic Development Oversight Committee (EDOC). Its purpose was to promote economic development in the county. In 2013, a group of citizens filed this action seeking a declaration that EDOC is subject to the provisions of the Tennessee Public Records Act, Tenn. Code Ann. § 10-7-503 (2012), and the Open Meetings Act, Tenn. Code Ann. § 8- 44-101 et seq. (2016). After a bench trial, the court denied the plaintiffs’ requested relief. They appealed. We find and hold that the undisputed facts establish that EDOC performs a governmental function, recieves a substantial amount of taxpayer funding, and is significantly involved with and regulated by the governing city and county legislative bodies. In light of our duty to broadly construe and interpret the Public Records and Open Meetings Acts in favor of governmental transparency and accountability, we hold that the EDOC is subject to these acts. The judgment of the trial court is reversed. |
Jefferson | Court of Appeals | |
Yuletide Office Supply, Inc. v. Justin Miller, et al.
Because the order appealed is not a final judgment, we must dismiss this appeal for lack of jurisdiction. |
Shelby | Court of Appeals | |
State of Tennessee v. Barry Wayne Gossage
The Defendant, Barry Wayne Gossage, appeals the trial court’s revocation of his probation and reinstatement of his original sentence in confinement. On appeal, he argues that he should have been sentenced to a new term of community corrections or probation. Following our review, we affirm the judgment of the trial court. |
Hickman | Court of Criminal Appeals | |
Billy Dean Sizemore v. State of Tennessee
The Petitioner, Billy Dean Sizemore, appeals the summary dismissal of his petition for post-conviction relief. The State concedes that the post-conviction court erred in summarily dismissing the petition. Following our review, we reverse the judgment of the post-conviction court and remand for an evidentiary hearing. |
Lewis | Court of Criminal Appeals | |
State of Tennessee v. Christian Devon McDuffie
The Defendant, Christian Devon McDuffie, was found guilty by a Montgomery County Circuit Court jury of three counts of aggravated child abuse, a Class A felony. See T.C.A. §39-15-402 (2014) (amended 2016). The trial court sentenced the Defendant to concurrent terms of fifteen years for each conviction. On appeal, the Defendant contends that the evidence is insufficient to support his convictions. We affirm the judgments of the trial court. |
Montgomery | Court of Criminal Appeals | |
Dominique Dantwan Simons v. State of Tennessee
Dominique Dantwan Simons (“the Petitioner”) appeals from the denial of his petition for post-conviction relief arguing that trial counsel rendered ineffective assistance in advising him concerning his guilty plea and therefore the plea was not knowing and voluntary. Discerning no error, the judgment of the post-conviction court is affirmed.
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Montgomery | Court of Criminal Appeals | |
State of Tennessee v. Joshua Glenn Black
A Montgomery County jury convicted the Defendant, Joshua Glenn Black, of first degree premeditated murder, felony murder, and two counts of especially aggravated kidnapping. The trial court imposed an effective sentence of life imprisonment. On appeal, the Defendant contends that (1) the trial court erred in allowing a trial exhibit, the front door from the victim’s apartment, to remain in the courtroom for a period of time during the trial and (2) the State engaged in prosecutorial misconduct during closing arguments. Upon reviewing the record and the applicable law, we affirm the judgments of the trial court. |
Montgomery | Court of Criminal Appeals | |
State of Tennessee v. Sharon Daugherty
The Appellant, Sharon Daugherty, appeals the Macon County Criminal Court’s order denying her motion to recover firearms confiscated during a search of her home. On appeal, the Appellant contends that she is entitled to the return of the property because the State dismissed the criminal charges against her. Because the Appellant has no appeal as of right from the denial of a motion to recover confiscated property, we dismiss the appeal. |
Macon | Court of Criminal Appeals | |
State of Tennessee v. Charlotte Lynn Frazier and Andrea Parks
The Defendants, Charlotte Lynn Frazier and Andrea Parks, along with ninety-five other co-defendants, were charged through a presentment with conspiracy to manufacture, sell, or deliver 300 grams or more of methamphetamine with at least one defendant having committed an overt act within 1,000 feet of a school, park, library, recreation center, or child care facility. The Defendants each filed a motion to suppress evidence seized during the execution of search warrants at their homes. The Defendants alleged that the magistrate, a circuit court judge, lacked the authority to issue the search warrants because the Defendants’ homes were located outside the magistrate’s judicial district. The trial court granted the Defendants’ motions. The State sought and was granted permission to appeal in both cases pursuant to Tennessee Rule of Appellate Procedure 9, and this court consolidated the appeals. We hold that the magistrate did not have the authority to issue search warrants for property located outside his judicial district and that, as a result, the searches of the Defendants’ homes were unconstitutional. Accordingly, we affirm the trial court’s orders granting the Defendants’ motions to suppress and remand the cause to the trial court for further proceedings consistent with this opinion. |
Dickson | Court of Criminal Appeals | |
State of Tennessee v. David Hopkins
The Defendant-Appellant, David Hopkins, appeals his conviction for first degree felony murder, arguing that the evidence is insufficient to sustain his conviction and that the trial court abused its discretion in ordering consecutive sentencing. We affirm the judgment of the trial court. |
Knox | Court of Criminal Appeals | |
Michael Lynn Poston v. State of Tennessee
The Petitioner, Michael Lynn Poston, appeals from the White County Criminal Court’s denial of his petition for post-conviction relief from his conviction for aggravated sexual battery, for which he is serving an eleven-year sentence. On appeal, he contends that the post-conviction court erred in denying his ineffective assistance of counsel claim, that the court applied an erroneous legal standard to the ineffective assistance of counsel claim, and that the trial judge engaged in improper ex parte communication with the jury during its deliberations. We affirm the judgment of the post-conviction court. |
White | Court of Criminal Appeals |