Teofila H. Mocny v. Ronald G. Mocny
This is an appeal of a divorce case. Although we affirm in part and reverse in part, we also vacate several aspects of the trial court’s judgment for the reasons stated herein and remand for further proceedings consistent with this Opinion. |
Lawrence | Court of Appeals | |
Kenneth W. Barnett v. State of Tennessee
Petitioner, Kenneth Barnett, appeals from the Knox County Criminal Court’s denial of his |
Knox | Court of Criminal Appeals | |
Bill Charles v. Donna McQueen
Ordinarily, a plaintiff asserting a defamation claim must prove that the defendant made a false statement and did so negligently. If the plaintiff is a public figure, however, he must prove that the statement was made with actual malice. This is a steep hill to climb, so determining whether the plaintiff is a public figure is a crucial inquiry in any defamation case. This case is no exception. The plaintiff here, Bill Charles, assisted with the development of the Durham Farms community in Hendersonville, Tennessee, and is president of its homeowners’ association. Charles brought defamation and false light claims against Donna McQueen, a Durham Farms resident who posted a Google review that was critical of him. McQueen sought dismissal of Charles’s claims under the Tennessee Public Participation Act, arguing that Charles could not establish a prima facie case for his claims because he could not prove actual malice. The trial court agreed with McQueen and dismissed the claims. The Court of Appeals reversed in part. It agreed with McQueen that Charles had to prove actual malice to prevail on his false light claim and had failed to do so. But it held that Charles is not a public figure and therefore need not prove actual malice for his defamation claim. We disagree with the Court of Appeals on that score. We hold that Charles is a limited-purpose public figure given the voluntary and prominent role he played in a controversy concerning changes to the Durham Farms development plan. We further hold that Charles failed to establish a prima facie case of actual malice. Finally, we reject Charles’s argument that McQueen waived her request for appellate attorney’s fees by failing to list it as an issue in her Court of Appeals brief. We reverse the Court of Appeals in part and affirm in part, and we remand for further proceedings. |
Williamson | Supreme Court | |
Christine Christopher v. Walmart Associates, Inc.
A plaintiff sued a grocery store for premises liability, and the case was tried by a jury in June of 2023. The jury |
Hamilton | Court of Appeals | |
State of Tennessee v. Dan E. Durell
Petitioner, Dan E. Durell, filed a “Motion for Correction of Sentencing Documents” (“the |
Knox | Court of Criminal Appeals | |
In Re Estate of William Rucker
Following the Decedent’s death, no original will could be found. One of his daughters filed a petition to administer a copy of a lost will, which the trial court granted. We reverse, concluding the evidence does not overcome the strong presumption in favor of revocation of the lost will. |
Davidson | Court of Appeals | |
State of Tennessee v. Joey Godwin
Defendant, Joey Godwin, filed a motion pursuant to Tennessee Rule of Criminal Procedure 36.1, challenging his two convictions for the sale of .5 grams or more of cocaine and resulting 60-year sentence. The trial court summarily denied the motion. Defendant appeals. Because Defendant failed to state a colorable claim, we affirm the judgment of the trial court. |
Gibson | Court of Criminal Appeals | |
State of Tennessee v. Jevon Brodie and Tavares Harbison
A Montgomery County jury convicted the defendants, Jevon Brodie and Tavares Harbison, each of one count of aggravated robbery, one count of theft of property greater than $10,000, but less than $60,000, and one count of theft of property under $500. Brodie was additionally convicted of two counts of reckless homicide and received an effective sentence of sixteen years in confinement. Harbison was also convicted of two counts of criminally negligent homicide and received an effective sentence of fourteen years in confinement. On appeal, the defendants contend that (1) the juvenile court erred in transferring their cases to circuit court without making individualized findings; (2) the evidence was insufficient to sustain a conviction for theft greater than $10,000; and (3) the trial court erred in sentencing the defendants. Additionally, Brodie insists that the trial court erred in instructing the jury on causation and that the prosecutor’s statements during summation were improper. Upon review of the record, the parties’ briefs, oral arguments, and considering the applicable law, we affirm the decisions of the juvenile and trial courts. However, we remand for the limited consideration by the trial court as to the application of the Wilkerson factors in determining the propriety of consecutive sentencing for Tavares Harbison. |
Montgomery | Court of Criminal Appeals | |
F. W. White & Associates, LLC Et Al. v. John R. Chilton Et Al.
This appeal arises from a business relationship that deteriorated. F.W. White & Associates, LLC (“FWA”), through Fenton W. White, Jr. (“White”) (“Appellees,” collectively), sued John R. Chilton (“Chilton”), Centennial |
Court of Appeals | ||
State of Tennessee v. Scott Allen Briggs
The Defendant, Scott Allen Briggs, was convicted by a Blount County Circuit Court jury of rape of a child, a Class |
Blount | Court of Criminal Appeals | |
State of Tennessee v. Gary Lynn Hart
The Defendant, Gary Lynn Hart, was convicted in the Chester County Circuit Court of two counts of possession of a firearm after having been convicted of a violent felony, a Class B felony; one count of theft of property valued more than one thousand dollars, a Class E felony; and one count of resisting arrest, a Class B misdemeanor, and received an effective sentence of thirty-one years in confinement. On appeal, the Defendant claims that the evidence is insufficient to support his convictions. Based upon the oral arguments, the record, and the parties’ briefs, we affirm the judgments of the trial court. |
Chester | Court of Criminal Appeals | |
Brett Thomas Ferguson v. Lucy Maria Traughber
The trial court granted Appellee/Father’s petition to change his son’s surname from Appellant/Mother’s surname to Father’s. Mother appeals. Because Father did not carry his burden of proof to demonstrate that changing the child’s name is in the child’s best interest, we reverse and remand. |
Robertson | Court of Appeals | |
State of Tennessee v. Jeffrey L. Brousseau
The Defendant, Jeffrey L. Brousseau, appeals from his guilty-pleaded convictions for |
Sullivan | Court of Criminal Appeals | |
Tina M. Vasudeva v. Kathie Barker
The trial court granted Appellee’s motion for extension of an order of protection against |
Warren | Court of Appeals | |
Kenneth D. Cook v. State of Tennessee
The Petitioner, Kenneth D. Cook, appeals from the denial of his petition seeking post-conviction relief from his guilty plea convictions of solicitation of first-degree murder, robbery, and aggravated assault with serious bodily injury. Upon our review, we affirm. |
Gibson | Court of Criminal Appeals | |
State of Tennessee v. Bobby V. Summers
Bobby V. Summers, Defendant, appeals from the trial court’s summary dismissal of his pro se Tennessee Rules of Criminal Procedure Rule 36.1 motion in which he sought to have his plea-bargained conviction for facilitation of first degree murder dismissed. Defendant’s motion did not seek correction of his sentence, and the trial court found that the motion failed to state a colorable claim. Discerning no error, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Joshua Lee Enoch
A Henry County jury convicted the Defendant, Joshua Lee Enoch, of two counts of rape and one count of aggravated statutory rape, and the Defendant received an effective sentence of twelve years in the Tennessee Department of Correction. On appeal, the Defendant raises the following issues: (1) whether the evidence was legally sufficient to sustain his convictions; (2) whether the trial court committed plain error in denying two motions for a competency evaluation; (3) whether the trial court committed plain error in denying his motion for a continuance; and (4) whether he is entitled to relief on the basis of cumulative error. Upon our review, we respectfully affirm the judgments of the trial court. |
Henry | Court of Criminal Appeals | |
State of Tennessee v. Ambreia Tavaris Washington
Defendant, Ambreia Tavaris Washington, was convicted in a bifurcated trial by a Madison County jury of attempted first degree murder where the victim suffered serious bodily injury (count one), unlawful employment of a firearm during the attempt to commit a dangerous felony (count two), three counts of unlawful possession of a firearm after having been convicted of a felony crime of violence (counts three, four, and five), unlawful possession of a firearm after having been convicted of a felony drug offense (count six), and two counts of unlawfully employing a firearm during the commission of or attempt to commit a dangerous felony after having been previously convicted of a dangerous felony (counts seven and eight). Following a sentencing hearing, the trial court imposed an effective sixty-three-year sentence. On appeal, Defendant argues that because there was insufficient evidence of serious bodily injury, his conviction in count one should be reduced to attempted first degree murder without the serious bodily injury sentencing enhancement, and that the trial court erred in imposing discretionary consecutive sentencing. Following review of the entire record, oral arguments, briefs of the parties, and the applicable law, we affirm the judgments of the trial court. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Servadio M. Boyd
Defendant, Servadio M. Boyd, was convicted on a plea of guilty of possession of .5 grams or more of cocaine with intent to sell before the Davidson County Criminal Court in 2014. As part of his plea agreement with the State, Defendant agreed to an eight-year sentence with the manner of service to be decided by the trial court at a sentencing hearing. Prior to his sentencing hearing, however, Defendant left the jurisdiction. He was then arrested and convicted of dealing in cocaine and conspiracy to commit dealing in cocaine in the Vanderburgh Circuit Court of Indiana, for which he received a sentence of thirteen years’ incarceration. Based upon his failure to appear at his sentencing hearing in Davidson County, the trial court issued an arrest warrant and lodged a detainer against Defendant. In 2019, Defendant filed, in the Davidson County Criminal Court, a motion to dismiss the detainer, arguing that the charges against him should be dismissed with prejudice based on an alleged violation of the Interstate Agreement on Detainers. Following a hearing and briefing by the parties, the trial court granted Defendant’s motion and dismissed the case against Defendant. The State appealed. Following a thorough review, we reverse the judgment of the trial court and remand for further proceedings. |
Davidson | Court of Criminal Appeals | |
Kathleen Nell Snapp v. Timothy Alva Snapp
In this divorce appeal, the husband challenges the trial court’s classification of real estate as marital property and |
Sullivan | Court of Appeals | |
Curtis Keller v. State of Tennessee
Pro se petitioner, Curtis Keller, appeals the summary dismissal of his second petition seeking error coram nobis relief.1 Upon our review, we affirm. |
Shelby | Court of Criminal Appeals | |
Rebecca Byrd v. Clarksville-Montgomery County School System
A tenured teacher sought judicial review of her reprimand and one-day suspension. The chancery court modified the discipline imposed by the director of schools. Because we conclude that the teacher did not timely petition for judicial review, we vacate the judgment with instructions to dismiss for lack of subject matter jurisdiction. |
Montgomery | Court of Appeals | |
State of Tennessee v. Gerald Myers
A Dyer County jury found the Defendant, Gerald Myers, guilty of attempted second degree murder and employing a firearm during the commission of a dangerous felony. On appeal, the Defendant asserts that there is insufficient evidence to support his convictions because he acted in self-defense. After review, we affirm the trial court’s judgments. |
Dyer | Court of Criminal Appeals | |
Daniel Ward v. State of Tennessee
Petitioner, Daniel Ward, was convicted of ten counts of aggravated sexual battery. The trial court sentenced Petitioner to fifty-four years of incarceration, and this court affirmed his convictions on direct appeal. Petitioner then filed a petition for post-conviction relief, claiming ineffective assistance of counsel and cumulative error. The post-conviction court denied the petition after a hearing, and Petitioner now timely appeals. After review, we affirm the judgment of the post-conviction court. |
Campbell | Court of Criminal Appeals | |
James R. Tarwater v. Hardik Patel Et Al.
Because the order from which the appellant has filed an appeal does not constitute a final appealable judgment, |
Sevier | Court of Appeals |