Opinions
Lisa Gay Love v. Federal National Mortgage Association, et al.
This appeal arises from a foreclosure on a deed of trust. Lisa Gay Love (“Love”) sued Federal National Mortgage Association (“FNMA”), SunTrust Mortgage, Inc. (“SunTrust”), and Self Help Ventures Fund (“Self Help”) (“Defendants,” collectively) in the Chancery Court for Knox County (“the Trial Court”) alleging that the foreclosure of her home was wrongful. Defendants filed a motion for summary judgment asserting that Love had defaulted on her mortgage, that SunTrust had exercised its power under the deed of trust to foreclose, and that FNMA had obtained a final judgment in an earlier detainer action. Love, in turn, argued that, because FNMA was not named on the deed at the time of the detainer action, FNMA lacked standing and the detainer judgment is void. The Trial Court granted Defendants’ motion for summary judgment, holding that Defendants had established res judicata. Love appeals. We hold that the judgment in the detainer action is a final judgment, that we will not revisit the issue of FNMA’s standing in that suit, and that res judicata bars Love’s claims. We affirm the judgment of the Trial Court |
Knox | Court of Appeals | |
State of Tennessee v. Michael Crockett
Defendant, Michael Crockett, was indicted by the Rutherford County Grand Jury for third offense driving on a suspended license, possession of a weapon by a convicted felon, and theft over $500. Defendant filed a pre-trial motion to suppress evidence obtained from the traffic stop and subsequent search of his vehicle. In his motion, Defendant asserted that: 1) probable cause did not exist to conduct a traffic stop of Defendant’s vehicle; 2) the duration of the stop was unreasonable and resulted in an unlawful detention of Defendant; and 3) the canine sweep of Defendant’s vehicle was improper. Following a hearing, the trial court denied Defendant’s motion. Defendant subsequently entered a guilty plea to possession of a weapon by a convicted felon. Pursuant to a plea agreement, Defendant was sentenced to three years to be served in the Tennessee Department of Correction. As part of his plea, Defendant reserved a certified question of law, in which he challenges the trial court’s ruling on his motion to suppress. Having reviewed the parties’ briefs and the record before us, we conclude that the trial court did not err by denying Defendant’s motion to suppress, and we affirm the judgment of the trial court. |
Rutherford | Court of Criminal Appeals | |
State of Tennessee v. Kyle Roger Stewart
Defendant, Kyle Roger Stewart, appeals from the trial court’s revocation of probation. On March 21, 2012, Defendant pleaded guilty to three counts of aggravated burglary. Pursuant to the plea agreement, Defendant received concurrent sentences of four years with 180 days to be served in confinement and the balance to be suspended on probation. Defendant also agreed to pay $17,875.00 in restitution to the victims. On December 19, 2013, a “Probation Violation Report” was filed, alleging that Defendant had violated the conditions of his probation by failing to report a change in his residence, failing to report to his probation officer, and failing to pay restitution as ordered. Following a probation revocation hearing, the trial court revoked Defendant’s probation and ordered Defendant to serve his sentences in confinement. Defendant appeals and asserts that the trial court denied him procedural due process by failing to make adequate findings regarding the evidence supporting his probation revocation. Defendant also asserts that the trial court’s decision to revoke probation and order Defendant to serve his sentence does not comply with the sentencing principles. Having reviewed the record before us and the briefs of the parties, we affirm the judgment of the trial court. |
White | Court of Criminal Appeals | |
Soumya Pandey v. Manish Shrivastava
At issue in this appeal are several divorce and post-divorce matters. We conclude that we are without jurisdiction to adjudicate the issues related to the divorce litigation, as they were not timely appealed. With respect to the post-divorce matters, we conclude that the trial court properly exercised jurisdiction over Mother’s petition to modify the parties’ parenting schedule, that the evidence does not preponderate against its decision to modify the parenting schedule, and that it did not err in its refusal to find Father in civil contempt. Exercising our discretion, we decline to award Mother discretionary costs and attorney’s fees pursuant to Tennessee Code Annotated § 27-1-122 or attorney’s fees pursuant to Tennessee Code Annotated § 36-5-103(c). |
Shelby | Court of Appeals | |
Wilmarcus H. Martin v. State of Tennessee
The Petitioner, Wilmarcus H. Martin, appeals from the denial of his petition for post-conviction relief, wherein he challenged his guilty-pleaded conviction for cocaine possession with intent to sell within 1,000 feet of a park. On appeal, the Petitioner contends that he received the ineffective assistance of counsel, leading to an involuntary plea, because trial counsel told him incorrectly that his release eligibility would be changed from 100% to 85% by the Tennessee Department of Correction (“TDOC”) once he began serving his sentence, and because trial counsel failed to reserve a challenge to the search as a part of the guilty plea. Following our review, we affirm the judgment of the post-conviction court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Sharon Donella Phillips
The defendant, Sharon Donella Phillips, appeals her Sullivan County Criminal Court jury convictions of reckless endangerment and aggravated arson, challenging the sufficiency of the convicting evidence on the arson conviction and the length of her sentence. Discerning no error, we affirm. |
Sullivan | Court of Criminal Appeals | |
State of Tennessee v. Donald Bruce Anderson, et al.
The trial court determined that it did not have authority to assess discretionary costs against the State in an eminent domain proceeding. It accordingly denied Defendants’ motion for discretionary costs under Rule 54.04 of the Tennessee Rules of Civil Procedure and determined that it did not have jurisdiction to make findings with respect to the reasonableness and necessity of Defendants’ costs. We affirm the trial court’s conclusion that Tennessee Code Annotated § 29-17-912 does not authorize an assessment of costs against the State in an eminent domain proceeding other than those costs that are explicitly permitted by the section. |
Shelby | Court of Appeals | |
State of Tennessee v. Timothy Lewayne Morton
The defendant, Timothy Lewayne Morton, appeals the revocation of the probationary sentence imposed for his Sumner County Criminal Court convictions of disorderly conduct, public intoxication, repetitive telephone harrassment, and solicitation to bribe a witness. Discerning no error, we affirm. |
Sumner | Court of Criminal Appeals | |
Myron Tate v. State of Tennessee
The Petitioner, Myron Tate, appeals as of right from the Knox County Criminal Court’s denial of his petition for post-conviction relief. On appeal, the Petitioner argues that he received ineffective assistance of counsel because his trial counsel failed to advise him regarding the sufficiency of his indictment. Discerning no error, we affirm. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Jessica Green
The Defendant-Appellant, Jessica Green, entered guilty pleas to one count of theft of property less than $1,000 and one count of forgery under $1,000, both Class E felonies. See T.C.A. §§ 39-14-103; 39-14-114. The trial court denied judicial diversion and imposed one-year concurrent sentences for each offense, which were suspended to probation. In this appeal, the Defendant-Appellant contends that the trial court erred in denying her request for judicial diversion. Upon our review, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Nicos Broadnax and Aaron Cook
A Shelby County jury convicted Nicos Broadnax and Aaron Cook of aggravated robbery. The trial court ordered Defendant Broadnax, as a Range I standard offender, to serve eleven years, and ordered Defendant Cook, as a multiple offender, to serve nineteen years in the Tennessee Department of Correction. On appeal, Defendant Broadnax asserts that the evidence is insufficient to support his conviction. Defendant Cook also challenges the sufficiency of the evidence but additionally asserts that: (1) the trial court improperly declined to strike the jury venire following notice that the jury pool was tainted by comments from observers at the trial; (2) the prosecutor's misstatement of facts during closing argument unfairly prejudiced him; and (3) his sentence is excessive. After a thorough review of the record and applicable law, we affirm the trial court's judgments. |
Shelby | Court of Criminal Appeals | |
Robert W. Roddy v. State of Tennessee
The petitioner, Robert W. Roddy, was convicted of two counts of first degree (premeditated) murder and one count of aggravated assault, a Class C felony. He received a sentence of two life terms and an additional four years, all to be served consecutively. In his post-conviction petition, the petitioner argues that trial counsel was ineffective for failing to object to the testimony regarding his behavior after he was transported from the scene of the crime. The post-conviction court found that trial counsel did not perform deficiently. Following our review, we affirm the judgment of the post-conviction court. |
Rhea | Court of Criminal Appeals | |
In re Estate of Harold Curtis Morrison
The decedent in this estate action made inter vivos transfers of all his real and personal property to the defendant, who was the decedent's friend and caretaker. Following the decedent's death, his brother was appointed as administrator of the decedent's estate. The decedent's brother filed the instant action, questioning whether the transfers of property by the decedent were the result of undue influence by the defendant. The trial court determined that there existed no confidential relationship between the decedent and the defendant. The court ultimately found that no undue influence had been shown. The decedent's brother appeals that determination. He also appeals the trial court's ruling regarding an evidentiary matter and motions seeking the trial judge's recusal. Discerning no error, we affirm the trial court's judgment in all respects. |
Rhea | Court of Appeals | |
Bakers Construction Services, Inc. v. Greenville-Greene County Airport Authority
This is a breach of contract action concerning a construction project. The plaintiff argued that the defendant's failure to provide access to the job site hampered its ability to complete the project in an efficient manner. The defendant responded that the plaintiff waived the failure to provide access to the site and that the plaintiff was the first to breach the contract by failing to provide a construction schedule. Following a bench trial, the court ruled in favor of the plaintiff. The defendant appeals. We affirm the decision of the trial court as modified to reflect an adjustment in the award of discretionary costs. |
Greene | Court of Appeals | |
State of Tennessee v. James Robert Christensen, Jr.
Appellant, James Robert Christensen, Jr., stands convicted of resisting arrest, a Class B misdemeanor; promotion of methamphetamine manufacture, a Class D felony; initiation of methamphetamine manufacture, a Class B felony; and two counts of possession of a firearm during the commission of a dangerous felony, Class D felonies. He received an effective sentence of three years‟ incarceration followed by eight years suspended to supervised probation. On appeal, appellant contends that the trial court erred by denying his motion to suppress evidence and that the evidence was insufficient to sustain his convictions for two counts of possession of a firearm during the commission of a dangerous felony. Following our careful review, we affirm the judgments of the trial court. |
Tipton | Court of Criminal Appeals | |
State of Tennessee v. James Robert Christensen, Jr. - Concurring In Part, Dissenting In Part
I agree that in this case, there are three separate state actions to consider when determining whether the evidence seized, as a result of the warrantless search of the defendant's residence, should have been suppressed. First, the investigators entered the defendant's property to conduct a “follow-up investigation,” without a search warrant, despite the defendant's “no trespassing” signs. Second, after smelling methamphetamine, Investigator Chunn forcibly entered the defendant's residence and conducted a brief sweep, during which he saw the firearms and some of the components for making methamphetamine, but did not see the active nor inactive labs. Third, after the defendant told officers that the lab was in the freezer, the investigators re-entered the defendant's residence and collected the active lab from the refrigerator and the inactive lab from the deep freezer. I believe the majority has correctly analyzed actions two and three. My disagreement with the majority only relates to the State's first action. My review of the record leads me to conclude that this defendant had clearly revoked any implied consent for the officers to come upon his property without a search warrant. Without lawfully being upon the premises, the second and third actions are void and the fruit of the poisonous tree. |
Tipton | Court of Criminal Appeals | |
Undray Luellen v. State of Tennessee
The petitioner, Undray Luellen, appeals the denial of his petition for post-conviction relief, arguing that he received ineffective assistance of counsel. After review, we affirm the denial of the petition. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Travis Lamonte Steed
The defendant, Travis Lamonte Steed, was convicted by a Madison County Criminal Court jury of first degree felony murder; second degree murder, a Class A felony; felony reckless endangerment, a Class E felony; convicted felon in possession of a handgun, a Class E felony; and attempted second degree murder, a Class B felony. The court sentenced the defendant as a Range I, violent offender to concurrent sentences of life for the felony murder conviction and twenty-five years for the second degree murder conviction. The court sentenced the defendant as a Range II, multiple offender to twenty years for the attempted second degree murder conviction and four years each for the felon in possession of a handgun and felony reckless endangerment convictions. The court ordered that the defendant serve the four-year sentences for felony reckless endangerment and felon in possession of a handgun concurrently to each other but consecutively to the twenty-year sentence for attempted second degree murder. The court also ordered that the defendant serve the twenty-year sentence for attempted second degree murder consecutively to the life sentence, for a total effective sentence of life plus twenty-four years in the Department of Correction. The defendant raises three issues on appeal: (1) whether the evidence is sufficient to sustain his murder and attempted murder convictions; (2) whether the jury's verdicts finding him guilty of first degree felony murder and attempted second degree murder are mutually exclusive; and (3) whether the trial court erred in ordering consecutive sentencing. Following our review, we affirm the judgments of the trial court but remand for entry of corrected judgments to reflect that the defendant's second degree murder conviction is merged into his felony murder conviction. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Termel Dowdy
The defendant, Termel Dowdy, pled guilty to introduction of contraband into a penal institution, a Class C felony, and DUI, a Class A misdemeanor, in exchange for a ten-year sentence with the manner of service to be determined by the trial court. After a sentencing hearing, the trial court ordered that the defendant serve his sentence in confinement, which he now appeals. Following our review, we affirm the judgments of the trial court. |
White | Court of Criminal Appeals | |
State of Tennessee v. Jeremiah Thomas Sullivan
The defendant, Jeremiah Thomas Sullivan, pled guilty in the Bedford County Circuit Court to one count of aggravated sexual exploitation of a minor involving one to twenty-four images, a Class C felony; eight counts of aggravated sexual exploitation of a minor involving twenty-five or more images, a Class B felony; one count of sexual exploitation of a minor involving 100 or more images, a Class B felony; and two counts of solicitation of a minor, a Class B felony. Following a sentencing hearing, the trial court used a combination of concurrent and consecutive sentencing to sentence him to an effective term of twenty-eight years in the Department of Correction. On appeal, the defendant argues that the trial court erred by not merging the multiple convictions for aggravated sexual exploitation of a minor involving twenty-five or more images into a single offense and by imposing an excessive sentence. Following our review, we affirm the judgments of the trial court. |
Bedford | Court of Criminal Appeals | |
In re Grace N.
In this juvenile court proceeding, Father objects to a number of decisions made by the trial court concerning the parenting plan for the parties' child. We have determined that the trial court erred in its determinations regarding parenting time and child support. As to the latter, the trial court failed to consider Father's argument that Mother was underemployed, abused its discretion in its treatment of Mother's work-related child care expenses, and failed to properly calculate Father's income. We find no merit in any of the other issues raised by Father. |
Davidson | Court of Appeals | |
Bill Stavely v. Harold Otto, et al
This appeal arises from the remodeling of a 1940’s era block and frame house. The agreement was based on a written estimate that described the work in very general terms. The issues on appeal are whether the contractor was liable for negligent construction of several areas of the work and, if so, the amount of damages. After a bench trial, the trial court found that there was barely a meeting of the minds, but, to the extent there was a contract, the contractor was to build a bedroom addition, a garage addition, and a sunroom; the contractor was to additionally replace the porches and repair the roof. Placing significant weight on the contractor’s testimony, the trial court found that the homeowner failed to carry his burden of proof on all claims but for the negligent construction of the sunroom ceiling and roof for which the trial court awarded $12,950 in damages. Both parties appeal. The homeowner contends the trial court erred in failing to find the contractor liable for negligent construction of other areas of the work and in failing to award damages commensurate with the cost of repair. The contractor contends the court erred in finding him liable for any negligent construction and in the calculation of damages awarded the homeowner. Finding the evidence does not preponderate against the trial court’s finding that the contractor was liable for negligent construction of the sunroom ceiling and roof and the award of damages in the amount of $12,950, we affirm that award. As for the claim the contractor was negligent in failing to install roof ventilation, the trial court made no findings regarding this claim, and, following a de novo review, we have determined the contractor was negligent and thus liable for failing to install the ventilation, and we award an additional $2,500 in damages. As for all other claims, we affirm. |
Stewart | Court of Appeals | |
In re: Addison B., et al.
The trial court found clear and convincing evidence that Mother had abandoned her children by failing to visit and engaging in conduct prior to incarceration that exhibited a wanton disregard for the childre's welfare. The trial court then found by clear and convincing evidence that it was in the best interest of the children to terminate Mother's parental rights. Mother appealed. We affirm. |
Montgomery | Court of Appeals | |
State of Tennessee v. Charles Derrick Belk
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Obion | Court of Criminal Appeals | |
Dimitrie Colbert v. State of Tennessee
The petitioner, Dimitrie Colbert, murdered his girlfriend and was subsequently charged with one count of first degree (felony) murder, one count of first degree (premeditated) murder, one count of especially aggravated kidnapping, one count of aggravated rape, one count of aggravated kidnapping, and one count of evading arrest in a motor vehicle. The State sought the death penalty. Pursuant to a plea agreement, the petitioner pled guilty to one count of first degree (felony) murder and one count of evading arrest in a motor vehicle, a Class D felony. He received an agreed-upon life sentence for the murder conviction and a consecutive four-year sentence for the evading arrest conviction. The petitioner filed a timely post-conviction petition, alleging that trial counsel performed deficiently in investigating his mental health and in advising him to accept the plea offer. After a thorough review of the record, we conclude that the petitioner has not established that he received the ineffective assistance of counsel, and we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals |