Monica Chamberlain v. Myra Danielle Brown
E2015-01658-COA-R3-CV
Monica Chamberlain (“Grandmother”) sued Myra Danielle Brown (“Mother”) seeking to be awarded grandparent visitation with Mother's child Talan B. (“the Child”) pursuant to Tenn. Code Ann. § 36-6-306. After a trial, the Circuit Court for Greene County (“the Trial Court”) entered its judgment awarding Grandmother visitation with the Child after finding and holding, inter alia, that Grandmother had proven that Mother had denied visitation, that Mother had failed to rebut the presumption that denial of visitation may result in irreparable harm to the Child, that Grandmother and the Child had a significant existing relationship, and that visitation was in the best interest of the Child. Mother appeals to this Court. We find and hold that the evidence does not preponderate against the Trial Court's findings, and we affirm
Authoring Judge: Judge D. Michael Swiney
Originating Judge:Judge Douglas Jenkins |
Greene County | Court of Appeals | 12/19/16 | |
In Re Casey C., et al
M2016-01344-COA-R3-PT
This is a termination of parental rights case. Mother/Appellant appeals the termination of her parental rights to three minor children on the grounds of: (1) abandonment by failure to provide a suitable home; (2) abandonment by willful failure to support; and (3) persistence of the conditions that led to the children’s removal from Appellant’s custody. The trial court also found, by clear and convincing evidence, that termination of Appellant’s parental rights is in the children’s best interests. Discerning no error, we affirm.
Authoring Judge: Judge Arnold B. Goldin
Originating Judge:Judge Tim Barnes |
Montgomery County | Court of Appeals | 12/19/16 | |
Eric Benson v. Southern Electric Corporation of Mississippi
W2015-02053-SC-R3-WC
Eric Benson (“Employee”) worked for Southern Electric Corporation of Mississippi (“Employer”) as a lineman. On July 12, 2011, he sustained an electric shock injury while working on a power line. The mechanism of the injury is not known, as Employee has no recollection of the incident nor were there any witnesses. He sustained burns to his back and groin area and the left side of his head. He bit his tongue severely and injured his right knee. He further asserted he developed depression, headaches and post-traumatic stress disorder (“PTSD”) as a result of the accident and contended he was totally and permanently disabled due to his injuries. Employer disputed the assertion. After a trial on the merits, the Chancery Court for McNairy County found Employee permanently and totally disabled and entered judgment accordingly. Employer appealed. The Supreme Court referred the appeal 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 judgment.
Authoring Judge: Judge William B. Acree, Jr.
Originating Judge:Judge William C. Cole |
McNairy County | Workers Compensation Panel | 12/19/16 | |
Jeanie Holsclaw v. Ivy Hall Nursing Home, Inc.
E2016-02178-COA-T10B-CV
When asked to rule on the defendant‘s motion for physical examination by a certified rehabilitation counselor, the trial judge telephoned the director of a university department for information regarding the program in order to determine whether rehabilitation counselors "are even qualified to testify as experts." The trial judge disclosed the communication on the record and granted the examination. Later, the defendant filed a motion to recuse. The trial judge denied the motion and this accelerated interlocutory appeal followed. Because the trial judge learned information concerning facts in dispute from an extrajudicial source, we conclude that recusal is required by Canon 2.11 of the Tennessee Code of Judicial Conduct
Authoring Judge: Judge J. Steven Stafford
Originating Judge:Judge Jean A. Stanley |
Carter County | Court of Appeals | 12/19/16 | |
State of Tennessee v. Timothy Andrew Bishop
M2015-00314-CCA-R3-CD
The Defendant, Timothy Andrew Bishop, appeals his convictions for two counts of child abuse, a Class D felony. The Defendant challenges the trial court’s admission of lay opinion testimony from a detective regarding the victim’s bruises, the prosecutor’s statements during closing argument, and the admission of a hearsay statement under the then existing state of mind exception. He also asserts on appeal that the trial court erred in admitting, under the excited utterance exception to the rule against hearsay, the victim’s statements at school that the Defendant was responsible for his bruises. After a thorough review, we conclude that the hearsay statements admitted as excited utterances were admitted in error and that the error was not harmless. Accordingly, we reverse and remand for a new trial.
Authoring Judge: Judge John Everett Williams
Originating Judge:Judge Steve R. Dozier |
Davidson County | Court of Criminal Appeals | 12/16/16 | |
Dyson-Kissner-Moran Corporation v. Gerry Shavers
E2015-02005-SC-R3-WC
Gerry Shavers ("Employee") worked for Dyson-Kissner-Moran Corporation d/b/a Burner Systems International, Inc. ("Employer"), as a senior manufacturing engineer. In 2008, he developed symptoms of carpal tunnel syndrome. His claim was accepted as compensable. He continued to work at the same job until August 2009, when he was terminated for violation of company policy. The primary issue at trial was whether his award of permanent disability benefits was subject to the one and one-half times impairment cap set out in Tennessee Code Annotated section 50-6-241(d)(1)(A) (2008). Finding that the cap applied because Employee was terminated for misconduct, the trial court awarded permanent partial disability benefits of 46.5% to the body as a whole. Judgment was entered in accordance with the trial court's findings, and Employee has appealed. 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 judgment.
Authoring Judge: Judge Kristi M. Davis
Originating Judge:Judge Jeffrey Hollingsworth |
Hamilton County | Workers Compensation Panel | 12/16/16 | |
Ulysses Strawter v. Mueller Company
E2015-02374-SC-R3-WC
Ulysses Strawter ("Employee") was injured on August 11, 2012, in the course of his employment with Mueller Company ("Employer"). After several months of temporary disability, he returned to work at his pre-injury job. Subsequently, his position was eliminated. He remained with Employer but was assigned to a lower-paying job. He filed an action for workers' compensation benefits in the Chancery Court for Hamilton County. The trial court held that Employee had a meaningful return to work and that his award of permanent disability benefits was limited to one and one-half times the impairment rating. Between the trial and the filing of the court's decision, Employee returned to his previous job at a wage higher than his pre-injury wage. The trial court's decision was not appealed. During the months after entry of judgment, Employee was re-assigned to a lower paying position. He filed a petition for reconsideration. The trial court held that Employee was entitled to reconsideration and awarded additional permanent disability benefits in a stipulated amount. Employer has appealed. 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. The judgment of the trial court is affirmed.
Authoring Judge: Judge Kristi M. Davis
Originating Judge:Judge Pamela A. Fleenor |
Hamilton County | Workers Compensation Panel | 12/16/16 | |
In re La'Trianna W., et al.
E2016-01379-COA-R3-PT
This is a termination of parental rights case. Appellant/Mother appeals the trial court’s termination of her parental rights to two minor children on the ground of mental incompetence and on its finding that termination of Appellant’s parental rights is in the children’s best interests. Discerning no error, we affirm.
Authoring Judge: Judge Kenny Armstrong
Originating Judge:Judge Timothy E. Irwin |
Knox County | Court of Appeals | 12/15/16 | |
Larry Hunt v. State of Tennessee
W2015-01836-CCA-R3-PC
The Petitioner, Larry Hunt, appeals the Shelby County Criminal Court's denial of his petition for post-conviction relief from his aggravated robbery, aggravated kidnapping, and aggravated rape convictions, for which he is serving an effective thirty-two-year sentence. He contends that he received the ineffective assistance of counsel. We affirm the judgment of the post-conviction court.
Authoring Judge: Judge Robert H. Montgomery, Jr.
Originating Judge:Judge Glenn Wright |
Shelby County | Court of Criminal Appeals | 12/15/16 | |
Maurice Dotson v. State of Tennessee
W2016-00344-CCA-R3-PC
The Petitioner, Maurice Dotson, appeals the Madison County Circuit Court's denial of his petition for post-conviction relief from his convictions of possessing marijuana with intent to sell and deliver, possessing a firearm during the commission of a dangerous felony, possessing drug paraphernalia, and theft of property valued under five hundred dollars and resulting effective eleven-year sentence. On appeal, the Petitioner contends that his guilty pleas were involuntary and that he received the ineffective assistance of counsel. Based upon the record and the parties' briefs, we affirm the judgment of the post-conviction court.
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:Judge Roy B. Morgan, Jr. |
Madison County | Court of Criminal Appeals | 12/15/16 | |
Charles T. Hartley v. State of Tennessee
E2015-01445-CCA-R3-PC
The petitioner, Charles T. Hartley, appeals the denial of his petition for post-conviction relief. The petitioner, originally indicted for rape of a child, entered an Alford plea to the lesser offense of attempted aggravated sexual battery and received a sentence of ten years to be served on supervised probation. The petitioner filed a petition for post-conviction relief arguing: (1) the judgments in his case were illegal because they did not reflect the sentence of mandatory supervision for life; and (2) he received ineffective assistance of counsel. The post-conviction court dismissed the petition finding that it was barred by the statute of limitations and also ruled that if an appellate court concluded that the petition was not barred, that the petitioner received effective assistance of counsel. On appeal, the petitioner argues that the trial court erred when it dismissed his petition. Following our review, the judgment of the post-conviction court is affirmed.
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Judge Donald Ray Elledge |
Anderson County | Court of Criminal Appeals | 12/15/16 | |
Andrew Hirt, et al. v. Metropolitan Board Of Zoning Appeals Of The Metropolitan Government Of Nashville And Davidson County Tennessee
M2015-02511-COA-R3-cV
This appeal concerns a local zoning board’s denial of a permit to replace an old billboard with a new digital billboard. After the zoning board denied the permit for the new billboard, the applicants who had requested the permit filed a petition for a writ of certiorari in chancery court. The chancery court found no basis to disturb the zoning board’s denial of a permit based upon its review of the administrative record. Although the applicants have appealed from the chancery court’s decision, we conclude that we cannot reach the merits of their appeal. Because the applicants did not file a petition for a writ of certiorari that complied with Tennessee Code Annotated section 27-8-106 within sixty days of the zoning board’s order, we conclude that the chancery court was without subject matter jurisdiction to review the zoning board’s actions. We accordingly vacate the chancery court’s order and dismiss this case.
Authoring Judge: Judge Arnold B. Goldin
Originating Judge:Chancellor Ellen H. Lyle |
Davidson County | Court of Appeals | 12/15/16 | |
Linda K. Guthrie v. Rutherford County, Tennessee, et al.
M2015-01718-COA-R3-CV
Plaintiff, a special education assistant, was injured at work when two middle school students were roughhousing in a school hallway and one was pushed into her, causing her to fall. She sued Rutherford County for negligence, pursuant to the Tennessee Governmental Tort Liability Act, alleging that, inter alia, her injuries were caused by the County’s failure to properly supervise the students, whom she also sued. After a bench trial, the court rendered judgment in favor of the defendants. Plaintiff appeals the judgment with respect to the County, contending that the court erred in holding that the County was immune from suit, that the evidence preponderated against certain findings of the court, and that the court erred in concluding that the County’s agents had not acted negligently. Discerning no error, we affirm the judgment.
Authoring Judge: Judge Richard H. Dinkins
Originating Judge:Chancellor Howard W. Wilson |
Rutherford County | Court of Appeals | 12/15/16 | |
In Re Jakob., et al
M2016-00391-COA-R3-PT
Upon petition of the Tennessee Department of Children’s Services (“the Department”), the trial court terminated the parental rights of Mother. We reverse the trial court’s determination that Mother willfully failed to support her children prior to her incarceration and its determination that she failed to substantially comply with the requirements of the family permanency plans created in this case. However, clear and convincing evidence supports the remaining grounds for termination relied upon by the trial court, as well as the trial court’s determination that the termination of Mother’s parental rights is in the children’s best interest. Accordingly, we affirm the termination of Mother’s parental rights.
Authoring Judge: Judge Arnold B. Goldin
Originating Judge:Judge Donna Scott Davenport |
Rutherford County | Court of Appeals | 12/15/16 | |
State of Tennessee v. Jakeil Malik Waller
W2015-02361-CCA-R3-CD
In December 2014, the Madison County Grand Jury indicted Jakeil Malik Waller (“the Defendant”) and the Defendant’s brother, Jernigal Blackwell, for second degree murder and aggravated assault. Following a trial, a jury convicted the Defendant of second degree murder and felony reckless endangerment, as a lesser included offense of aggravated assault, and the trial court sentenced the Defendant to an effective sentence of twenty-seven years’ incarceration. On appeal, the Defendant contends that: (1) the evidence was insufficient to support his conviction for second degree murder; (2) the prosecutor committed misconduct during closing argument; and (3) the trial court abused its discretion by admitting two photographs of the victim that were not relevant to any issue at trial. Upon review, we affirm the judgments of the trial court.
Authoring Judge: Judge Robert L. Holloway, Jr.
Originating Judge:Judge Donald H. Allen |
Madison County | Court of Criminal Appeals | 12/15/16 | |
K.G.R., by and through his parents, Rachel Riffe and Jeffrey v. Union City School District, et al.
W2016-01056-COA-R9-CV
This is a negligence case involving the alleged sexual assault of a 13-year-old special education student by another 13-year-old special education student in a school bathroom. The trial court determined that the Appellant school district was not entitled to summary judgment as a matter of law because there was a question of fact as to whether the incident was foreseeable. We conclude that there is no dispute of material fact and that summary judgment in favor of the school district should be granted. Reversed and remanded.
Authoring Judge: Judge Kenny Armstrong
Originating Judge:Judge Jeff Parham |
Obion County | Court of Appeals | 12/14/16 | |
Harvey Eugene Taylor v. State of Tennessee
M2016-00933-CCA-R3-PC
The trial court summarily dismissed the Appellant’s “motion for new trial or evidentiary hearing on the grounds of ineffective assistance of counsel.” The trial court properly treated the pleading as a subsequent petition seeking post-conviction relief and denied the same without a hearing. The trial court’s ruling is hereby affirmed.
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Judge Monte Watkins |
Davidson County | Court of Criminal Appeals | 12/14/16 | |
State of Tennessee v. Sherry Ann Claffey
W2016-00356-CCA-R3-CD
Sherry Ann Claffey (“the Defendant”) entered a no contest plea to two counts of vehicular homicide as a result of reckless conduct. Following a hearing, the trial court denied judicial diversion, sentenced the Defendant to concurrent terms of five years on each count, and ordered the Defendant to serve 200 days in confinement and to serve the balance of her sentence on probation. On appeal, the Defendant argues that because the trial court failed to properly consider the factors applicable to judicial diversion, no presumption of reasonableness should apply to the trial court’s denial of judicial diversion, and this court should conduct a de novo review of the record and grant judicial diversion. After a review of the record and applicable law, we conclude that because the trial court unduly considered irrelevant facts concerning the death of victims and facts not supported by the proof concerning the Defendant’s prescription drug usage to support the three factors on which it relied to deny judicial diversion, no presumption of reasonableness applies. After reviewing the record de novo, we hold that judicial diversion should be granted to the Defendant and reverse the judgments of the trial court.
Authoring Judge: Judge Robert L. Holloway, Jr.
Originating Judge:Judge Joe H. Walker, III |
Tipton County | Court of Criminal Appeals | 12/14/16 | |
State of Tennessee v. Angela Ayers
W2014-00781-CCA-R3-CD
The Tennessee Supreme Court has remanded this case for reconsideration in light of State v. Willie Duncan, --- S.W.3d. ---, No. W2013-02554-SC-R11-CD, 2016 WL 6024007 (Tenn. Oct. 14, 2016). See State v. Angela Ayers, No. W2014-00781-CCA-R3-CD, 2015 WL 4366633 (Tenn. Crim. App. July 16, 2015) (“Ayers I”), perm. app. filed, case remanded (Tenn. Oct. 31, 2016). Relevant to the current remand, this court concluded in the previous appeal that the State‟s failures to identify the underlying dangerous felony in the indictment count related to employing a firearm during the commission of a dangerous felony and to charge a separate offense that was an enumerated dangerous felony rendered the indictment count relative to the employing a firearm during the commission of a dangerous felony defective. Upon further review, we conclude that in lieu of identifying the enumerated dangerous felony in the indictment count charging employing a firearm during the commission of a dangerous felony, the indictment must charge separately at least one enumerated dangerous felony in order to provide a defendant with adequate notice of the charged offense. Under the circumstances in this case, we conclude that the count charging employing a firearm during the commission of a dangerous felony is defective because it failed to provide the Defendant adequate notice of the charged offense. We affirm the judgments of the trial court relative to the voluntary manslaughter and false report convictions, but we reverse the employing a firearm during the commission of a dangerous felony judgment, vacate the conviction, and dismiss the charge.
Authoring Judge: Judge Robert H. Montgomery, Jr.
Originating Judge:Judge J. Robert Carter, Jr. |
Shelby County | Court of Criminal Appeals | 12/13/16 | |
Charlesan Woodgett, et al v. John R. Vaughan, Jr., et al
M2016-00250-COA-R3-CV
This appeal arises from a jury trial. The plaintiff filed a premises liability suit against the defendant-homeowners after she allegedly fell and sustained injuries while viewing the defendants’ home as a prospective buyer. After a two-day jury trial, the jury returned a verdict in favor of the defendant-homeowners, finding that they were not at fault for the plaintiff’s injuries. The plaintiff raises numerous issues on appeal. We affirm.
Authoring Judge: Judge Brandon O. Gibson
Originating Judge:Judge Robert L. Jones |
Maury County | Court of Appeals | 12/13/16 | |
State of Tennessee v. Hayden Daniel Rutherford
M2016-00014-CCA-R3-CD
The defendant, Hayden Daniel Rutherford, appeals his Sequatchie County Circuit Court guilty-pleaded conviction of robbery, claiming that the trial court erred by ordering that he serve his six-year sentence in confinement. Discerning no error, we affirm.
Authoring Judge: Judge James Curwood Witt, Jr.
Originating Judge:Judge Thomas W. Graham |
Sequatchie County | Court of Criminal Appeals | 12/13/16 | |
State of Tennessee v. Mark Brian Dobson a/k/a Mark B. Martin
M2015-00818-CCA-R3-CD
A Davidson County Criminal Court Jury convicted the Appellant, Mark Brian Dobson, of five counts of especially aggravated kidnapping, one count of aggravated burglary, and one count of employing a firearm during the commission of a dangerous felony. After a sentencing hearing, he received an effective seventy-year sentence. On appeal, the Appellant contends that (1) the evidence is insufficient to support the convictions, (2) the trial court improperly denied his motion for a continuance, (3) the trial court erred by admitting into evidence a recorded telephone call in which his mother mentioned a stolen firearm, (4) the indictment for the charge of employing a firearm during the commission of a dangerous felony was defective for failing to name the underlying dangerous felony, (5) the trial court improperly instructed the jury on employing a firearm during the commission of a dangerous felony, and (6) his effective sentence is excessive. Based upon the record and the parties’ briefs, we conclude that the Appellant’s sentence for employing a firearm during the commission of a dangerous felony in count eleven must be modified and remand the case to the trial court for correction of that judgment and to correct a clerical error on the judgment for count twelve. The judgments of the trial court are affirmed in all other respects.
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:Judge Mark J. Fishburn |
Davidson County | Court of Criminal Appeals | 12/13/16 | |
Rodney Glover v. State of Tennessee
M2016-00619-CCA-R3-PC
The Petitioner, Rodney Glover, was convicted of conspiracy to commit aggravated burglary, aggravated burglary, conspiracy to commit theft of property over $10,000, aggravated robbery, aggravated kidnapping, and theft of property under $500 and was sentenced to fifty years of incarceration to be served at 100%. This Court affirmed the judgments and sentence on appeal. State v. Rodney Glover, No. M2011-00854-CCA-R3-CD, 2012 WL 1071716, at *1 (Tenn. Crim. App., at Nashville, Mar. 28, 2012), no perm. app. filed. In 2013, the Petitioner filed a petition for post-conviction relief, claiming that he received the ineffective assistance of counsel. We affirm the post-conviction court’s judgment.
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Judge William R. Goodman, III |
Montgomery County | Court of Criminal Appeals | 12/12/16 | |
In Re: A-River City Bail Bond, Inc.
W2015-01578-CCA-R3-CD
The appellant, A-River City Bail Bond, Inc., appeals its suspension from writing bonds in the Thirtieth Judicial District due to its failure to comply with the local rules. The appellant argues that a local rule requiring the posting of at least $75,000 in cash or certificate of deposit with the Criminal Court Clerk does not apply to it and that the trial court failed to provide it with procedural due process when suspending its ability to write bonds. Based upon the record and the parties’ briefs, we affirm the judgment of the trial court.
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Judge Lee V. Coffee |
Shelby County | Court of Criminal Appeals | 12/12/16 | |
Tracy Vann Knocke v. James Joseph Knocke
E2016-01347-COA-R3-CV
The Final Judgment of Divorce entered in this case reserved the issue of the division of any deficiency indebtedness resulting from the foreclosure of the parties’ marital residence prior to the time of trial. The Permanent Parenting Plan, incorporated into the Final Judgment, also indicated that the precise amount of child support, as a portion of the total support payment ordered by the trial court, had yet to be determined. As such, it is clear that the order appealed from does not resolve all issues raised in the proceedings below. As a result of this jurisdictional defect, we lack jurisdiction to consider this appeal.
Authoring Judge: Judge Thomas R. Frierson, II
Originating Judge:Judge Lawrence Howard Puckett |
Bradley County | Court of Appeals | 12/12/16 |