APPELLATE COURT OPINIONS

This is a health care liability case. Appellant filed suit against Appellee, a medical doctor, alleging that Appellee’s supervision of a physician assistant fell below the standard of care, which resulted in the injury and death of Appellant’s mother. Appellee moved for summary judgment on the basis that Appellant had not provided competent expert testimony regarding the applicable standard of care or a causal link between Appellee’s actions and the subsequent injury and death of the patient at issue. The trial court granted Appellee’s motion due to Appellant’s lack of expert testimony to satisfy the requirements of Tennessee Code Annotated section 29-26-115. After a thorough review of the record, we affirm the judgment of the trial court.

A jury convicted Petitioner, John C. Crim, of eight counts of rape of a child and six counts of aggravated sexual battery. Petitioner sought post-conviction relief, and his petition was denied after a hearing. On appeal, Petitioner asserts that his trial counsel were deficient in omitting an argument pertaining to the suppression of his confession; in failing to obtain the testimony of a witness; in failing to object to jury instructions regarding the mens rea required for aggravated sexual battery; and in failing to object to jury instructions regarding unanimous acquittal. After a thorough review of the record, we conclude that Petitioner has not established any grounds for relief, and we affirm the judgment of the post-conviction court.

The Petitioner filed a pro se petition for post-conviction relief. The post-conviction court summarily dismissed the petition because it was not timely filed and the Petitioner failed to present any factual allegations or documents allowing the tolling of the statute of limitations. On appeal, the Petitioner concedes that his petition was untimely filed but argues that the statute of limitations should be tolled and his petition addressed on its merits. The Petitioner also contends that this court should treat his motion to vacate, which was denied by the trial court, as a properly-filed petition for post-conviction relief. After a thorough review of the record and applicable case law, we affirm.

The Petitioner, James Howard Hurtch, appeals the denial of his petition for post-conviction relief by the Davidson County Criminal Court. On appeal, the Petitioner argues that he received ineffective assistance of counsel and that his guilty plea was involuntary and unknowing. After review, we affirm the judgment of the post-conviction court.

The Defendant, Xavier Todd, appeals from the Shelby County Criminal Court’s dismissal of his motion to correct illegal sentences. The Defendant pleaded guilty to ten offenses, and he received an effective thirty-year sentence. His individual sentences were imposed concurrently to each other and concurrently to a federal sentence. On appeal, he contends that the trial court erred in dismissing his motion. We affirm the dismissal.

Following a mistrial for juror misconduct, the Defendant-Appellant, Kaylon Sebron Bailey, was convicted as charged by a Hamilton County Criminal Court jury of first degree premeditated murder and possession of a firearm after having been convicted of a felony drug offense. See T.C.A. §§ 39-13-202, 39-17-1307(b)(1)(B) (Supp. 2011). The trial court imposed a life sentence for the murder conviction before sentencing Bailey, pursuant to an agreement between the parties, as a Range I, standard offender to a concurrent two-year sentence for the firearm offense. On appeal, Bailey argues (1) the trial court erred in admitting the victim’s statements identifying him as the perpetrator of the shooting, and (2) the evidence is insufficient to sustain his convictions.1 We affirm Bailey’s convictions but remand the case for entry of a corrected judgment in Count 1 reflecting an indicted and conviction offense of first degree premeditated murder in violation of Tennessee Code Annotated section 39-13-202 and a corrected judgment in Count 2 reflecting an indicted offense of possession of a firearm after having been convicted of a felony drug offense in violation of Tennessee Code Annotated section 39- 17-1307.

Following a jury trial, Eric Sims, the defendant, was convicted of one count of first degree murder, six counts of attempted first degree murder, and six counts of employment of a firearm during attempted first degree murder. The trial court imposed an effective sentence of life in prison plus one hundred and eighty-six years. On appeal, the defendant challenges the sufficiency of the evidence to sustain his convictions, the admission of evidence regarding his gang affiliation, and the length of his sentence. Following our review, we affirm the judgments of the trial court.

The Defendant, Charles Fowlkes, entered a guilty plea to driving under the influence (DUI) in exchange for a sentence of eleven months and twenty-nine days to be served on probation after the service of forty-eight hours in the Hamilton County jail. The Defendant reserved a certified question of law challenging the denial of his motion to suppress, which alleged that he was unconstitutionally stopped and seized. Following our review, we affirm the judgment of the trial court.

The Appellant, Mark Anthony Thomas, appeals the revocation of his probation to serve the remainder of his sentence in the Tennessee Department of Correction. The State has filed a motion requesting that this Court affirm the trial court’s judgment pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. Following our review, we grant the State’s motion and affirm the judgment of the trial court.

I concur with the majority’s opinion affirming the trial court’s judgment based on the failure of the Defendant to strictly comply with the prerequisites established in State v. Preston, 759 S.W.2d 647 (Tenn. 1988).

Defendant, Eric Washington, appeals from the trial court’s revocation of probation for his convictions for aggravated assault, domestic assault, and vandalism under $500 and order that he serve his effective ten-year sentence in confinement. Defendant contends that the trial court abused its discretion by allowing hearsay testimony at the revocation hearing and that the evidence was insufficient to support the revocation. Upon our review of the record, we hold that the trial court erred by admitting hearsay testimony without a finding of good cause or reliability and that the trial court erred in revoking Defendant’s probation on a ground for which there was a lack of evidence in the record. Accordingly, we reverse the judgment of the trial court and remand the matter for further proceedings consistent with this opinion.

A Davidson County Criminal Court Jury convicted the Appellant, Johnnie Ray Ashford, of possession of a Schedule II controlled substance with intent to sell or deliver, a Class C felony, and attempting to sell a Schedule II controlled substance, a Class D felony, and he received an effective three-year sentence to be served on supervised probation. On appeal, the Appellant contends that the trial court erred by denying his motion to suppress evidence, that the trial court improperly limited his cross-examination of a State witness regarding the witness’s potential bias, that the evidence is insufficient to support the convictions, and that the prosecutor committed prosecutorial misconduct during closing arguments. Based upon the record and the parties’ briefs, we affirm the judgments of the trial court.

Sean Greenlee, the Defendant, appeals the summary denial of his “Motion to Correct Sentence” filed pursuant to Tennessee Rule of Criminal Procedure 36.1. Because the motion failed to state a colorable claim, we affirm the trial court’s summary denial of the motion.

The Defendant, Angela Montgomery, appeals as of right from her convictions for six counts of rape of a child. The Defendant argues (1) that there was insufficient evidence to support her convictions; (2) that the trial court erred in allowing the State to present evidence that the Defendant used corporal punishment to discipline her children; and (3) that the trial court erred in allowing the prosecutor to introduce a witness’s prior inconsistent statements. Following our review, we affirm the judgments of the trial court.

In October 2013, the Davidson County Grand Jury indicted the Defendant-Appellant, Deewaine Mikel Bumpas, in count one for aggravated robbery occurring on June 19, 2013; in count two for attempted aggravated robbery occurring on June 26, 2013; and in count three for aggravated robbery occurring on July 3, 2013. The trial court, at the State’s request, severed counts one and two, and the parties proceeded to trial on count three. A jury subsequently convicted Bumpas, as charged, of the July 3, 2013 aggravated robbery, and the trial court imposed a sentence of twelve years at 85% release eligibility. See T.C.A. §§ 39-13-402, 40-35-501(k)(1). On appeal, Bumpas contends: (1) the trial court erred in denying his motion to exclude the photographic lineup and accompanying testimony; (2) the trial court erred in denying his motion to exclude the surveillance video and accompanying testimony; (3) the trial court abused its discretion in sustaining the State’s objection to questions regarding Sergeant Williams’ personnel record; (4) the trial court erred in denying his motion for a mistrial; (5) the evidence is insufficient to sustain his conviction; (6) the trial court imposed an excessive sentence; and (7) the trial court abused its discretion in denying his motion for new trial. We affirm the judgment of the trial court.

The petitioner, Vernica Shabree Calloway, a.k.a. Vernica S. Ward, a.k.a. Vernica Jackson, appeals the denial of her post-conviction petition, arguing trial counsels’ strategy regarding the use of expert witnesses on behalf of her defense was ineffective. Following our review, we affirm the denial of the petition.

This is an appeal from an order finding two children of S.B. (mother) and R.H. (father) to be the victims of severe child abuse in the couple’s care and control. On July 24, 2015, the Department of Children’s Services (DCS) received a referral alleging, in part, that the parties’ three children, A.L.H., A.G.B., and A.R.B. (collectively the children), were drug-exposed. On August 27, 2015, the children underwent hair follicle drug testing. A.G.B. and A.R.B. tested positive for methamphetamine. A.L.H. was negative for all substances. On September 23, 2015, DCS filed a petition to declare the children dependent and neglected. Mother and father stipulated that the children were dependent and neglected, but they expressly did not agree with the finding of severe child abuse. The Juvenile Court for Wayne County (the juvenile court) entered an order finding A.G.B. and A.R.B. to be the victims of severe abuse. Mother and father appealed to the Circuit Court for Wayne County (the trial court). On July 14, 2016, the trial court entered an order finding A.G.B. and A.R.B. to be the victims of severe child abuse in the care and control of mother and father. Mother and father appeal. We affirm.  

Petitioner, Timothy Baxter, appeals the dismissal of his petition for post-conviction relief in which he alleged ineffective assistance of counsel at trial where he was convicted of felony failure to appear. More specifically, he contends that trial counsel failed to subpoena witnesses requested by Petitioner, did not present evidence that the circuit court clerk’s office failed to issue a criminal summons after his failure to appear, and trial counsel allowed himself to be intimidated by the trial court. After a thorough review, we affirm the judgment of the post-conviction court.

A Wilson County jury convicted the Defendant, Anthony M. Crawford, of aggravated assault and child abuse. The trial court sentenced the Defendant to consecutive prison terms of six and four years, for a total effective sentence of ten years. On appeal, the Defendant asserts that: (1) the trial court erred when it denied his motion to dismiss the indictment on double jeopardy grounds; (2) the trial court improperly commented on the evidence; (3) the trial court erred when it precluded the Defendant’s expert witness from testifying at the suppression hearing; (4) the trial court erred when it denied the Defendant’s motion to suppress his October 19, 2012 statement; (5) the evidence is insufficient to support the convictions; (6) the trial court erred when it allowed the State to cross-examine witnesses about “highly prejudicial statements” the Defendant made about the victim; (7) the State did not properly make an election of offenses, thus depriving the Defendant of a unanimous verdict; (8) the cumulative effect of the errors deprived the Defendant of a fair trial; and (9) the trial court improperly ordered consecutive sentencing. After a thorough review of the record and applicable law, we affirm the judgments of the trial court.

Declaratory judgment action in which an insurance company seeks a determination of its coverage obligations arising out of a business insurance policy it issued relative to a class action suit brought against the insured for sending unsolicited faxes in violation of the Telephone Consumer Protection Act (“TCPA”). The court granted the insurance company’s motion for summary judgment in part, holding that the insurance company had no duty to indemnify under the “accidental event” coverage or the “personal injury” coverage, that the company had a duty to defend under the “advertising injury” coverage, and that the company had a duty to defend against all claims. The insured filed a motion to alter or amend, which was denied by the court. On appeal, the insured argues that the court issued an improper advisory opinion, erred in holding the company had no duty to indemnify under the “accidental event” coverage, and abused its discretion by failing to consider new evidence proffered in the insured’s motion to alter or amend the judgment. Finding no error, we affirm the trial court in all respects.

A Madison County jury convicted the Defendant, Maka Fuller, Jr., of aggravated robbery. After a sentencing hearing, the trial court sentenced him to eleven years in prison. On appeal, the Defendant contends that the evidence is insufficient to support his conviction because he did not use a weapon to accomplish the robbery. Finding that there is sufficient evidence to support the Defendant’s conviction for aggravated robbery, we affirm the trial court.

I respectfully concur in results only. My concern in this case is that inadmissible polygraph testing evidence was presented at the suppression hearing.

The Appellant, Nero Oswald Jones, appeals as of right from the Hardeman County Circuit Court’s summary denial of his Tennessee Rule of Criminal Procedure 36.1 motion to correct an illegal sentence. The Appellant contends that the trial court erred because his motion stated a colorable claim for relief. Discerning no error, we affirm the judgment of the trial court.

The Petitioner, Michael Terrell McKissack, filed a petition for post-conviction relief from his convictions of especially aggravated robbery, aggravated robbery, and facilitation of attempted carjacking. In the petition, the Petitioner argued that his trial counsel was ineffective (1) by failing to call two of his co-defendants to testify on his behalf; (2) by failing to inform him that his third co-defendant would testify against him; and (3) by failing to adduce proof during the guilt phase regarding his lack of education and mental health issues. The post-conviction court denied relief, and the Petitioner appeals. Upon review, we affirm the judgment of the post-conviction court.

Petitioner, Kenneth Tucker, appeals the post-conviction court’s dismissal of his postconviction petition alleging ineffective assistance of counsel. After a review, we determine Petitioner has failed to establish that he received ineffective assistance of counsel. Accordingly, the judgment of the post-conviction court is affirmed.