Opinions
Charles Patterson v. Tennessee Department of Correction, et al.
This appeal involves a petition for writ of certiorari filed by an inmate seeking review of his disciplinary conviction for assaulting a fellow inmate. TDOC did not oppose the issuance of the writ, and the certified record was filed with the trial court. Upon review of the record, the trial court denied the petition, and we affirm. |
Lake | Court of Appeals | |
Mary Jane Bridgewater v. Robert S. Adamczyk , et al.
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Smith | Court of Appeals | |
Mary Jane Bridgewater v. Robert S. Adamczyk , et al.
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Smith | Court of Appeals | |
Charles Patterson v. Tennessee Department of Correction, et al.
This appeal involves a petition for writ of certiorari filed by an inmate seeking review of his disciplinary conviction for assaulting a fellow inmate. TDOC did not oppose the issuance of the writ, and the certified record was filed with the trial court. Upon review of the record, the trial court denied the petition, and we affirm. |
Lake | Court of Appeals | |
Studsvik Logistics, LLC v. Royal Furniture Company
This appeal involves a judgment creditor's attempt to enforce a Mississippi default judgment in the general sessions court of Shelby County. The trial court concluded that the general sessions court lacked jurisdiction to enforce the judgment, and it set aside a conditional judgment entered by the general sessions court based on the Mississippi judgment. The judgment creditor appeals. We affirm. |
Shelby | Court of Appeals | |
Effie Rivers v. Northwest Tennessee Human Resource Agency
This is a personal injury case. The defendant’s employee negligently backed the defendant’s vehicle into the vehicle in which the plaintiff was a passenger. Prior to the accident, the plaintiff had reported discomfort in her shoulders to her physician. At some point after the accident, the plaintiff reported to her physician that she had pain in her right shoulder. Ultimately, the plaintiff required shoulder replacement surgery. The plaintiff sued the defendant for negligence. The parties stipulated to the defendant’s liability, and a bench trial was held on causation and damages. Based in part on deposition testimony of physicians, the trial court found that the accident caused the plaintiff’s injury and the ensuing surgery and entered judgment for the plaintiff. The defendant appeals. We affirm. |
Carroll | Court of Appeals | |
Bobby Gerald Riley, and wife, Tanya Riley, Individually and as next of kin for Hunter Riley v. James Orr
This is an appeal of a jury verdict. The plaintiff was hunting with his son. The defendant was also hunting in the general area, and accidentally shot the plaintiff. The plaintiff filed a lawsuit against the defendant for negligence, and included a claim for negligent infliction of emotional distress on behalf of his son. The parties stipulated as to the defendant's liability, and a jury trial was held on the issue of damages. The jury instructions included instructions on the plaintiff father's mental pain and suffering and the son's emotional injury, but did not separately address the plaintiff father's emotional injury. After deliberating, the jury returned a verdict awarding damages to the plaintiff father as well as an award for the son's emotional injury. The trial court denied the defendant's motion for a new trial and approved the verdict. The defendant now appeals. On appeal, the defendant challenges the sufficiency of the evidence supporting the verdict on several elements of damages, and argues that the inconsistency in the jury instructions on emotional injury necessitates a new trial. We affirm in part, vacate in part, suggest remittitur as to the awards for future medical expenses and for emotional injury, and remand for further proceedings. |
Marshall | Court of Appeals | |
Raymond O. Long, Jr. v. State of Tennessee
Petitioner, Raymond Long, Jr., appeals the dismissal of his petition for post-conviction relief in which he alleged that he received ineffective assistance of counsel at trial. Specifically, Petitioner challenges trial counsel's failure to call certain witnesses to testify at trial on his behalf. 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 affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
Timothy Clayton Thompson v. State of Tennessee
Petitioner Timothy Clayton Thompson pled guilty to one count of especially aggravated kidnapping and one count of aggravated rape. This court affirmed his conviction and Petitioner did not request supreme court review. Five years later, Petitioner filed this petition for post-conviction relief, seeking a delayed direct appeal and collaterally attacking his conviction. The post-conviction court concluded the petition was filed outside the limitations period and dismissed it without a hearing. Upon review, we conclude Petitioner is entitled to an evidentiary hearing to determine whether due process concerns toll the statute of limitations. We therefore reverse the post-conviction court's judgment and remand for appointment of counsel and for an evidentiary hearing consistent with this opinion. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Christopher Lee Davis
Following a jury trial, Defendant, Christopher Lee Davis, was found guilty of aggravated robbery, carjacking, attempt to commit especially aggravated kidnapping, all Class B felonies, and attempt to commit premeditated first degree murder, a Class A felony. The trial court sentenced Defendant as a Range I, standard offender, to twelve years for each Class B felony conviction and twenty-five years for his attempted premeditated first degree murder conviction. The trial court imposed a combination of consecutive and concurrent sentencing for an effective sentence of forty-nine years. On appeal, Defendant argues that (1) the trial court erred in denying his motion to suppress; (2) the evidence is insufficient to support his conviction of attempted premeditated first degree murder; (3) the trial court erred in determining the length of his sentences; and (4) the trial court erred in imposing consecutive sentencing. After a thorough review, we affirm Defendant's convictions and the length of his sentences. We remand this matter for a new sentencing hearing solely for the purpose of determining whether consecutive sentencing is appropriate under the Sentencing Act and State v. Allen, 259 S.W.3d 671 (Tenn. 2008). |
Trousdale | Court of Criminal Appeals | |
State of Tennessee v. Darryl Hubbard
The defendant, Darryl Hubbard, pled guilty in case number 07-01581 to possession of marijuana, third offense or greater, a Class E felony, and in case number 07-03060 to possession of more than 0.5 grams of cocaine with intent to sell, a Class B felony, and to possession of marijuana with intent to sell, a Class E felony. The trial court sentenced the defendant as a multiple offender to four (4) years for case number 07-01581, to run consecutively to 07-03060 and to a prior case. The trial court sentenced him as a multiple offender in case number 07-03060 to four (4) years for the Class E felony, concurrent with eighteen (18) years for the Class B felony, to be served consecutively to 07-01581 and the prior case. The defendant's effective sentence for 07-05181 and 07-03060 is twenty-two (22) years in the Tennessee Department of Correction, consecutive to a nineteen (19) year sentence in the prior case. On appeal, the defendant contends that (1) the trial court erred by imposing consecutive sentences and (2) that his sentences are disproportionate to the offenses, amounting to cruel and unusual punishment. Following our review, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Larry Gene Lay, A/K/A Big Ike
The Defendant, Larry Gene Lay, aka Big Ike, appeals as of right from the Campbell County Criminal Court's revocation of his community corrections sentences and order of incarceration. He contends that the trial court's revocation is erroneous and based upon insufficient proof. Following our review, we affirm the judgments of the trial court. |
Campbell | Court of Criminal Appeals | |
State of Tennessee v. Bruce C. Reliford
The defendant, Bruce C. Reliford, entered guilty pleas to aggravated robbery charges, following a remand, and was convicted by a jury of felony murder. The trial court imposed a life sentence for the felony murder conviction and twelve years for each aggravated robbery conviction, to be served concurrently. On appeal, the defendant contends that: the trial court improperly allowed evidence to be introduced at trial; his statement to police was not given voluntarily; and the trial court erred in accepting his guilty pleas and in setting his sentence. After careful review, we affirm the judgments from the trial court. |
Shelby | Court of Criminal Appeals | |
Melinda Long, as Administrator of the Estate of Opal Hughes v. Hillcrest Healthcare - West et al. - Concur
I agree with the majority’s conclusion that, to the extent the allegations of the complaint allege medical malpractice1, the defendants are entitled to summary disposition of that claim. This is true because the material filed by the defendants in support of their motion clearly establishes that the plaintiff failed to satisfy the pre-filing requirements of the applicable statute as it pertains to a complaint sounding exclusively in medical malpractice. See Tenn. Code Ann. § 29-26-121 (Supp. 20092). I cannot concur, however, that the allegations of the complaint sound exclusively in medical malpractice. |
Knox | Court of Appeals | |
Melinda Long, as Administrator of the Estate of Opal Hughes, v. Hillcrest Healthcare - West, et al.
Opal Hughes sustained injuries while in the care of defendant Hillcrest Healthcare - West, and her administrator brought this action for damages. Defendant moved to dismiss on the grounds that plaintiff's complaint was a complaint for malpractice against defendant. Plaintiff argued that the complaint was for simple negligence, and the Trial Court held the complaint was for medical malpractice and since statutory requirements for filing a medical malpractice complaint had not been met, dismissed the case. On appeal, we affirm. |
Knox | Court of Appeals | |
In Re Devon W., et al.
Former foster mother and her new husband filed a motion to intervene and to set aside the adoption of three children by the current foster parents. The trial court denied the motion. We affirm. |
Blount | Court of Appeals | |
Pam Webb v. Nashville Area Habitat for Humanity, Inc.
In this action charging retaliatory discharge, the Trial Court granted defendant a dismissal of action based on its Tenn. R. Civ. P. Rule 12 Motion. On appeal, we vacate the Judgment of the Trial Court and remand. |
Davidson | Court of Appeals | |
Villas on Blue Mountain, L.P., et al., v. Tennessee Housing Development Agency
Plaintiffs attempted to submit an application for Low-Income Housing Tax Credit with the Tennessee Housing Development Agency. The Agency refused to accept the application and plaintiffs subsequently sued, asking the Court to require the Agency to accept and process their application. The Trial Court determined that the issue was moot and plaintiffs appealed. On appeal, we affirm the Trial Court's summary judgment that the case was moot. |
Davidson | Court of Appeals | |
Kevin Joseph McHugh vs. Carole Ann McHugh
This appeal concerns the distribution of marital property. After a bench trial, the court entered the Final Decree of Divorce and distributed the marital property. Wife subsequently filed a motion to reconsider and for attorney's fees. The trial court denied the motion in part and awarded approximately $2,087.50 in attorney's fees and litigation expenses to Wife. Wife appeals. We affirm. |
Cumberland | Court of Appeals | |
State of Tennessee v. Conrad Earl Edwards
The Defendant, Conrad Earl Edwards, was convicted of rape, a Class B felony, incest, a Class C felony, and sexual battery, a Class E felony. He was sentenced to serve eight years as a Violent Offender for rape, three years as a Range I offender for incest, and one year as a Range I offender for sexual battery. On appeal, he challenges the trial court's failure to sentence him as an especially mitigated offender and the denial of alternative sentencing. We affirm the judgments of the trial court. |
Hamilton | Court of Criminal Appeals | |
John Skipper And Brenda Skipper v. Wells Fargo Bank, N.A.
Wells Fargo purchased foreclosed property, which it then sold to the Skippers. The Skippers contracted to sell the property, but before the sale was completed, two IRS tax liens against the previous owners were discovered. The Skippers sued Wells Fargo, and the trial court awarded them their lost profits from the anticipated sale. Wells Fargo appeals, and we affirm in part and reverse in part and remand. |
Shelby | Court of Appeals | |
Marco Linsey v. State of Tennessee
The Petitioner, Marco Linsey, appeals as of right the Shelby County Criminal Court’s denial of his petition for post-conviction relief challenging his guilty plea conviction for one count of child rape, a Class A felony. On appeal, the Petitioner argues that he received the ineffective assistance of counsel and that counsel’s ineffective assistance rendered his guilty pleas unknowing and involuntary. After the appointment of counsel and a full evidentiary hearing, the post-conviction court found that the Petitioner failed to prove his allegations by clear and convincing evidence and denied the petition. Following our review, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
John Skipper and Brenda Skipper v. Wells Fargo Bank, N.A.
Wells Fargo purchased foreclosed property, which it then sold to the Skippers. The Skippers contracted to sell the property, but before the sale was completed, two IRS tax liens against the previous owners were discovered. The Skippers sued Wells Fargo, and the trial court awarded them their lost profits from the anticipated sale. Wells Fargo appeals, and we affirm in part and reverse in part and remand. |
Shelby | Court of Appeals | |
State of Tennessee v. John Tyler Beason
The Defendant, John Tyler Beason, was convicted of attempted first degree murder, for which he received a twenty-year sentence as a Range I, standard offender. The Defendant appeals, contending that the trial court erred in denying his motion to suppress his pretrial statement and that the court erred in sentencing. We affirm the judgment of the trial court. |
Union | Court of Criminal Appeals | |
Marcus Ray Clark v. State of Tennessee
The Petitioner, Marcus Ray Clark, appeals as of right the Madison County Circuit Court's denial of his petition for post-conviction relief challenging his guilty plea convictions for five counts of aggravated burglary, Class C felonies, and four counts of theft of property, Class D felonies. On appeal, the Petitioner argues that he received the ineffective assistance of counsel and that counsel's ineffective assistance rendered his guilty pleas unknowing and involuntary. After the appointment of counsel and a full evidentiary hearing, the post-conviction court found that the Petitioner failed to prove his allegations by clear and convincing evidence and denied the petition. After reviewing the record, we affirm the judgment of the post-conviction court. |
Madison | Court of Criminal Appeals |