Opinions
State of Tennessee v. Tracy Douglass
A Shelby County jury convicted the Defendant, Tracy Douglass, of first degree premeditated murder, for which he received a life sentence. On appeal, the Defendant asserts that the trial court erred when it failed to declare a mistrial following the State’s improper statements during closing argument. He also asserts that the evidence presented at trial is insufficient to support the jury’s verdict. After review, we affirm the trial court’s judgment. |
Shelby | Court of Criminal Appeals | |
In Re Colton B.
This is a parental termination case. The trial court terminated the parental rights of a mother based on the statutory grounds of severe child abuse, substantial noncompliance with a permanency plan, and failure to manifest an ability and willingness to assume custody or financial responsibility of the child. The mother appeals. We reverse in part, with respect to one ground for termination, but otherwise affirm the trial court’s order terminating parental rights and remand for further proceedings. |
Overton | Court of Appeals | |
Ivan Michael Kanski v. Kelly Jean Kanski
This case involves a contentious divorce between parties who share one minor child. After a two-day bench trial, the trial court granted the wife a divorce on the ground of inappropriate marital conduct. The husband appealed raising numerous issues related to property classification, valuation, and division. He also challenges the alimony awards and child support determination. After our review of the record, we determine that the trial court erroneously set the husband’s income for the purpose of child support, and we therefore remand the case for a new determination of the husband’s income and calculation of his child support obligation. We affirm the trial court’s decision in all other respects. |
Williamson | Court of Appeals | |
Patricia Frias v. Felipe Frias, Et Al.
Ex-husband appeals the entry in a Tennessee Chancery Court of an order authenticating a judgment entered against him in his California divorce proceeding; the judgment also imposed a constructive trust on real property he purchased in Tennessee in violation of orders of the California court. We discern no error in the judgment of the Chancery Court and accordingly, affirm. |
White | Court of Appeals | |
Grady Cunningham, Et Al. v. Bedford County, Tennessee, Et Al.
A landowner filed a declaratory judgment action alleging that the Bedford County Board of Commissioners’ denial of his request to rezone his property was arbitrary and capricious, violated his due process rights under 42 U.S.C. section 1983, constituted a regulatory taking, and that the Commission violated the Tennessee Open Meetings Act when it met with its counsel prior to taking the vote. The landowner requested compensatory damages for the manner in which his application to rezone his property was handled and compensation for the taking of his property. After a bench trial, the trial court held that the Commission’s decision was arbitrary and capricious and violated the landowner’s due process rights; the court ordered the property rezoned from residential to commercial and awarded the landowner damages. The court held that there had been no regulatory taking and no violation of the Open Meetings Act. Both parties appeal. Upon review, we have determined that the court erred in holding that the Commission’s decision to deny the application for rezoning was arbitrary and capricious and in ordering the property rezoned; in holding that the landowner’s due process rights were violated and in awarding damages and attorney fees to the landowner; we affirm the decision in all other respects. |
Bedford | Court of Appeals | |
State of Tennessee v. Sedrick Darion Mitchell
Defendant, Sedrick Darion Mitchell, was convicted of the sale and delivery of 0.5 grams or more of cocaine within 1,000 feet of a school and simple possession of cocaine. Defendant was sentenced as a career offender to an effective 60-year sentence of imprisonment. On appeal, Defendant claims that the evidence is insufficient to support his convictions; that his simple possession conviction should be reversed because he was questioned without an attorney present; and he challenges the constitutionality of Tennessee Code Annotated section 39-17-420(h), (i), and (j). Following our review, we affirm Defendant’s convictions. |
Bedford | Court of Criminal Appeals | |
Charles Edward Poole v. Dealers Warehouse Corporation, Et Al.
This appeal concerns punitive damages. Skyco Staffing Services, Inc. (“Skyco”) provided Derrick Gilbert (“Gilbert”) to Dealers Warehouse Corporation (“Dealers”) for temporary work. On February 14, 2014, Gilbert was driving a Dealers truck when he collided with a truck driven by Charles Edward Poole (“Poole”). Poole1 sued Gilbert, Dealers, and later Skyco for damages in the Circuit Court for Knox County (“the Trial Court”).2 Dealers filed a third-party claim against one-time Skyco affiliate People 2.0 Global, LLC (“People 2.0”), as well. Skyco and People 2.0 filed motions for summary judgment, which were granted. The jury returned a verdict for Poole against Dealers and Gilbert for compensatory damages of $431,508.71. In a second phase, the Trial Court directed a verdict in favor of Dealers regarding punitive damages. Finally, the jury returned a verdict for Poole against Gilbert in the amount of $250,000 in punitive damages. Poole appeals, arguing he is entitled to joint and several judgment against Dealers for the punitive damages assessed against Gilbert. Dealers, for its part, argues both that the Trial Court was correct and that a genuine issue of material fact exists as to whether it exercised supervision of Gilbert. We hold, inter alia, that Dealers is not jointly and severally liable for punitive damages assessed separately against Gilbert. We hold further that Dealers’ exclusive supervisory responsibility for Gilbert was laid out in unambiguous contractual terms. We affirm the judgment of the Trial Court. |
Knox | Court of Appeals | |
Angie Renee Larsen v. George Giannakoulias
This is a divorce case. Husband/Appellant appeals the trial court’s decision regarding: (1) the parenting plan for the minor children; (2) the enforcement of the parties’ prenuptial agreement in its denial of Husband’s request for alimony and a portion of Wife’s retirement accounts; and (3) the designation and division of property. Under the doctrine of lex loci contractus, we vacate the trial court’s order enforcing the waiver of spousal support provision of the parties’ prenuptial agreement. The trial court’s order is otherwise affirmed, and the case is remanded for determination of whether alimony is warranted in this case and, if so, the amount thereof. |
Williamson | Court of Appeals | |
In Re: Jonathan M.
Father appeals the termination of his parental rights to one child. The juvenile court found three statutory grounds for termination: (1) abandonment for failure to visit by an incarcerated parent; (2) abandonment by wanton disregard for the welfare of a child by an incarcerated parent; and (3) failure to manifest an ability and willingness to personally assume legal and physical custody or financial responsibility for the child. The court also found that termination of the father’s parental rights was in the child’s best interest. We affirm the termination of the father’s parental rights. |
Knox | Court of Appeals | |
Marcella Ann Brecker v. Steven Charles Brecker
Husband appeals the trial court’s award of alimony to Wife, as well as the trial court’s division of the parties’ 2017 tax refund. The trial court determined that Wife’s need was in the range of $17,500.00 per month and awarded Wife $15,000.00 per month in alimony in futuro, as well as $3,500.00 per month in rehabilitative alimony. We affirm the trial court’s finding that Wife’s need is in the range of $17,500.00 per month. We also affirm the trial court’s award of $15,000.00 per month in alimony in futuro. We vacate, however, the award of rehabilitative alimony and the division of the parties’ 2017 tax refund and remand for reconsideration in accordance with this opinion. |
Williamson | Court of Appeals | |
Kathryn Nicole Brown v. Tyler Matthew Brown
In this divorce action, the wife was shown to be economically disadvantaged compared to the husband, and the trial court awarded to the wife a slightly greater share of the marital estate in addition to rehabilitative alimony in the amount of $4,000.00 per month for a period of four years. The husband has appealed. Although we conclude that the trial court’s judgment should be affirmed, we also modify that judgment to include an indemnification clause in the husband’s favor regarding the mortgage on the marital residence. We further grant the wife’s request for an award of attorney’s fees incurred in defending this appeal. |
Hamilton | Court of Appeals | |
State of Tennessee v. German Calles
A Rutherford County jury convicted the defendant, German Calles, of one count of attempted voluntary manslaughter, four counts of aggravated assault while acting in concert with others, two counts of attempted especially aggravated robbery, one count of especially aggravated burglary, two counts of employment of a weapon during the commission of a dangerous felony, two counts of conspiracy to commit especially aggravated robbery, and one count of conspiracy to commit especially aggravated burglary, for which the trial court imposed an effective sentence of twenty-six years in confinement. On appeal, the defendant contends the trial court erred when setting the length of his sentences and ordering partial consecutive sentences. Following our review of the record and applicable authorities, we affirm the judgments of the trial court. |
Rutherford | Court of Criminal Appeals | |
In Re Francis R. Et Al.
This is a parental termination case. The juvenile court declined to terminate father’s parental rights, but it found that clear and convincing evidence existed to terminate mother’s on the grounds of abandonment by failure to provide a suitable home, persistence of conditions, substantial noncompliance with the permanency plan, and abandonment by willful failure to support. The juvenile court further found that termination was in the best interests of the children. We reverse as to the former two grounds, but affirm as to the latter two and further find that termination of mother’s parental rights is in the best interests of the children. |
Montgomery | Court of Appeals | |
State of Tennessee v. Amanda Beth Marcy
Defendant, Amanda Beth Marcy, appeals from the denial of her “Motion to Amend Revocation Order” in which she argued that the trial court failed to award her credit for time served on Community Corrections when her probation was revoked. For a multitude of reasons, we dismiss the appeal. |
Putnam | Court of Criminal Appeals | |
Gregory Duff v. State of Tennessee
The petitioner, Gregory Duff, appeals the denial of his post-conviction petition, arguing the post-conviction court erred in finding he received effective assistance of counsel at trial. Following our review, we affirm the denial of the petition. |
Knox | Court of Criminal Appeals | |
Richard Dickerson v. State of Tennessee
The Petitioner, Richard Dickerson, appeals the post-conviction court’s denial of his petition for post-conviction relief, arguing that he received ineffective assistance of counsel because trial counsel coerced him into testifying and failed to discover a mistake in his presentence report. After thorough review, we affirm the denial of the petition. |
Shelby | Court of Criminal Appeals | |
Tracy Langston Ford-Lincoln-Mer v. Corey Lea
This is a parental termination case. The juvenile court declined to terminate father’s parental rights, but it found that clear and convincing evidence existed to terminate mother’s on the grounds of abandonment by failure to provide a suitable home, persistence of conditions, substantial noncompliance with the permanency plan, and abandonment by willful failure to support. The juvenile court further found that termination was in the best interests of the children. We reverse as to the former two grounds, but affirm as to the latter two and further find that termination of mother’s parental rights is in the best interests of the children. |
Robertson | Court of Appeals | |
Charles Steven Blocker v. Powell Valley Electric Cooperative, et al.
Charles Steven Blocker (“Employee”) sustained a compensable injury to his cervical spine while working for Powell Valley Electric Cooperative (“Employer”) in November 2010. After returning to work, Employee suffered a second, gradual injury to his cervical spine in January 2013, which rendered him permanently and totally disabled. Employee filed an action against Employer and the Tennessee Department of Labor and Workforce Development, Second Injury Fund (“the Fund”). The trial court initially found Employee’s 2013 injury caused 9% vocational disability and apportioned 9% of the award to Employer and 91% to the Fund. After the Fund appealed, the Special Workers’ Compensation Appeals Panel remanded the case for the trial court “to reassess Employee’s 2013 vocational disability” and “to make the appropriate assignment of the award to Employer and the Fund.” On remand, the trial court found the 2013 injury caused 20% vocational disability and apportioned 20% of the award to Employer and 80% to the Fund. The Fund again appeals, asserting the trial court incorrectly apportioned the award. The appeal has been referred to the Special Workers’ Compensation Appeals 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 trial court’s judgment. |
Claiborne | Workers Compensation Panel | |
In Re Christian S.
At issue in this appeal is the custody of an 8-year-old boy. On one side is his maternal grandmother and her husband, who have raised the child since he was one year old, pursuant to a court order placing him in their custody. On the other side is the child’s father, who was incarcerated at the time the child was placed with his grandparents. When the father was released from incarceration, he filed a petition seeking visitation with the child; over the course of proceedings, he sought custody of the child. The juvenile court awarded custody to the father, holding that the he did not forfeit his superior parental rights and that the grandparents did not prove that the child would suffer substantial harm in the father’s care and custody. The grandparents appeal; finding no error, we affirm the judgment. |
Marshall | Court of Appeals | |
State of Tennessee v. Linda Anne Dunavant
The Defendant, Linda Anne Dunavant, was convicted of aggravated assault and filing a false police report and sentenced, respectively, to terms of three years and two years, to be served concurrently. On appeal, she argues that the evidence was insufficient to sustain the conviction for aggravated assault, and that the court erred in sentencing. Following our review, we affirm the judgments of the trial court. |
Tipton | Court of Criminal Appeals | |
Luis G. Mendoza v. State of Tennessee
The pro se petitioner, Luis G. Mendoza, appeals the Henderson County Circuit Court’s dismissal of his motion for writ of error coram nobis. The State has filed a motion requesting that this Court affirm the lower court’s denial of relief pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. Upon review, we conclude that the State’s motion is well-taken. Accordingly, we affirm the summary dismissal of the motion. |
Henderson | Court of Criminal Appeals | |
Brandon Burks, et al. v. Savannah Industrial Development Corporation of the City of Savannah, Tennessee
Appellants, owners of property near a proposed industrial park site, appeal the trial court’s grant of Appellee Savannah Industrial Development Corporation’s Tennessee Rule of Civil Procedure 12.02(6) motion. Appellants sought a declaratory judgment precluding the City of Savannah and, specifically, its industrial development corporation, from purchasing land outside the city’s corporate limits for development of an industrial park for the benefit of both the city and Hardin County. The trial court applied the Industrial Development Corporations Act, Tenn. Code Ann. § 7-53-101, et seq. and the Industrial Park Act, Tenn. Code Ann. § 13-16-201, et seq. and found that there was no prohibition against the industrial development corporation’s actions. The trial court, therefore, granted the industrial development corporation’s motion to dismiss and awarded the corporation its attorney’s fees under Tennessee Code Annotated section 20- 12-119(c)(1). Because the industrial development corporation is a “governmental entity,” we hold that the trial court was precluded from awarding attorney’s fees under Tennessee Code Annotated section 20-12-119(c). Accordingly, we reverse the trial court’s award of attorney’s fees. The trial court’s order is otherwise affirmed. |
Hardin | Court of Appeals | |
Ronald Dana Harper v. Annette Carrol Harper
This is a divorce case. Husband appeals the trial court’s classification of three tracts of land as Wife’s separate property and its valuation of Husband’s bank account. Discerning no error, we affirm and remand. |
Madison | Court of Appeals | |
State of Tennessee v. Randy Louis Roe
A jury convicted the Defendant, Randy Louis Roe, of three counts of rape of a child, one count of especially aggravated sexual exploitation of a minor, two counts of sexual exploitation of a minor, and one count of solicitation to commit rape of a child. He received an effective sentence of thirty-five years in prison. A few days prior to trial, the State alerted the Defendant to the existence of voluminous documents consisting of emails between the Defendant and the victim which had not previously been produced in discovery. The Defendant sought a continuance. The trial court denied the continuance but ruled that the new materials would not be admissible unless the Defendant “opened the door” during his testimony. On appeal, the Defendant seeks a new trial based on the trial court’s ruling on the admissibility of the emails. After a thorough review of the record, we discern no error and affirm the judgments. |
Sumner | Court of Criminal Appeals | |
City of Church Hill v. Roger Elliott
Roger Elliott (“Elliott”) appeals the January 23, 2018 order of the Circuit Court for Hawkins County (“the Trial Court”) holding that Elliott had violated Church Hill Municipal Ordinance No. 11-101 and assessing a civil penalty of $25.00 against Elliott for the violation. We find and hold that the evidence in the record on appeal does not preponderate against the Trial Court’s finding that Elliott violated Church Hill Municipal Ordinance No. 11-101. We, therefore, affirm |
Hawkins | Court of Appeals |