APPELLATE COURT OPINIONS

A Bradley County jury convicted the Defendant, Maurice Johnson, of one count of especially aggravated robbery and three counts of first degree murder in the perpetration of an especially aggravated robbery. He was sentenced to life without the possibility of parole for each of the felony murder convictions and to twenty-five years for the especially aggravated robbery conviction. On appeal, the Defendant argues that the evidence was insufficient to sustain his convictions, that the district attorney engaged in repeated instances of misconduct substantially prejudicing the jury against him, and that the lead detective’s wrongdoing warrants a new trial. Following our review, we affirm the Defendant’s convictions and sentences for first degree murder during the perpetration of or attempt to perpetrate an especially aggravated robbery. The Defendant’s conviction for especially aggravated robbery is reversed and dismissed.

This is a parental termination case. The appellant mother has a history of serious mental illness and persistent difficulties in managing her mental illness, resulting in multiple hospitalizations and incarcerations. The Tennessee Department of Children’s Services took custody of the child immediately following her birth. After the guardian ad litem and the Department of Children’s Services filed petitions to terminate the mother’s parental rights, the child’s aunt filed an intervening petition for termination of the mother’s parental rights and for custody. The trial court terminated the mother’s parental rights and did not grant the aunt’s intervening petition for custody. The aunt did not appeal. The mother appeals, arguing that the trial court’s decision to allow the child to remain with the foster parents, instead of placing the child with the aunt was not in the child’s best interest. We affirm.

A Sevier County Circuit Court jury convicted the appellant, Varion Johnson, of facilitation of aggravated robbery. The trial court imposed a sentence of nine years in the Tennessee Department of Correction. On appeal, the appellant challenges the sufficiency of the evidence sustaining his conviction. Upon review, we reverse the judgment of the trial court.

The appellant, Quincy Mills, appeals the trial court’s revocation of the appellant’s probation for failure to comply with the terms of release. The appellant contends that the trial court violated his due process rights by failing to reduce its findings to writing and by admitting unreliable hearsay at the revocation hearing. Upon review, we affirm the judgment of the trial court.

A Shelby County Criminal Court jury convicted the defendant, Nakia Bohanan, of aggravated burglary, see T.C.A. § 39-14-403 (2006), and the trial court sentenced the defendant to serve 15 years’ incarceration as a Range III, persistent offender. On appeal, the defendant contends that the evidence is insufficient to support his conviction and that the trial court erred in its application of an enhancement factor to determine the length of his sentence. Discerning no infirmity in the evidence but that the trial court erred at sentencing, we affirm the defendant’s conviction and modify the sentence to 14 years’ incarceration.

The Petitioner, Lisa Marie Butler, appeals the Shelby County Criminal Court’s denial of post-conviction relief from her convictions for first degree felony murder and aggravated child abuse. On appeal, she contends that trial counsel rendered ineffective assistance by failing to exclude irrelevant evidence of the victim’s earlier injuries and that appellate counsel rendered ineffective assistance by failing to argue on appeal that the evidence should have been excluded. We affirm the judgment of the trial court.

Defendant, Myron Taylor, was charged with rape of a child. Following a jury trial, Defendant was convicted of the lesser included offense of aggravated sexual battery. He was sentenced to twelve years in the Department of Correction as a violent offender. On appeal, Defendant argues that the trial court erred by allowing the victim’s sister to testify about an incident that she witnessed where Defendant pulled a cover off of the victim while she was sleeping. After a thorough review of the record, we affirm the judgment of the trial court.

The trial court granted the defendant, Shelby County Government, judgment on the pleadings as to multiple causes of action brought by a former county employee. The trial court found, inter alia, the one-year statute of limitations of the Tennessee Governmental Tort Liability Act (“GTLA”) barred the plaintiff’s claim. Applying well-settled law, the court concluded the general saving statute does not apply to a claim non-suited and re-filed against a governmental entity under the GTLA. Although the trial court failed to address whether a different conclusion might apply to causes of action arising under the Tennessee Human Rights Act (“THRA”), we hold the saving statute does not “save” a claim non-suited and refiled against a State entity under the THRA. The trial court therefore properly concluded the plaintiff’s suit was time-barred. Because the trial court reviewed matters outside of the pleadings when deciding the defendant’s motion, we grant summary judgment in favor of the defendant.

The defendant, James Michael Wise, was convicted by a Sumner County jury of three counts of sexual battery by an authority figure, two counts of solicitation to commit rape, thirteen counts of rape, and thirteen counts of incest. Following a sentencing hearing, the trial court sentenced the defendant to an effective forty-eight-year sentence in the Department of Correction. On appeal, the defendant challenges the sentences imposed. Specifically, he contends that the trial court erred in failing to impose the minimum sentences within the range and in its application of consecutive sentencing. Following review of the record, we find no error and affirm the sentences as imposed

The petitioner for an order of protection appeals the trial court’s decision dismissing her petition. While we reject most of the assignments of error identified by the petitioner, we agree that the trial court erred in failing to make findings of fact and conclusions of law as now required by Tenn. R. Civ. P. 41.02. We therefore vacate the trial court’s order and remand.

The trial court entered summary judgment in favor of Defendants, finding that Plaintiff’s action was filed beyond the limitations period. Plaintiff appeals. We affirm summary judgment on the basis of standing and ripeness.

Plaintiff and defendant entered into a contract of employment for a term of three years, wherein plaintiff would prepare tax returns for defendant tax firm. Defendant terminated plaintiff's employment before the three year term had expired and plaintiff appealed to this Court to reverse the Trial Court's finding of breach of contract and award her damages for the breach. We hold that the evidence does not preponderate against the Trial Court's finding that the employer had just cause to terminate plaintiff. We affirm the Judgment of the Trial Court.

The defendant, Rickie Sipes, was convicted of first degree premeditated murder and sentenced to life imprisonment in the Department of Correction. On appeal, he argues that the trial court erred in denying his motion for judgment of acquittal and for a new trial because the evidence was insufficient to sustain his conviction. Following our review, we affirm the judgment of the trial court.

Appellant, Marquis Devereaux Hall, pled guilty to aggravated assault, reckless endangerment, possession of cocaine, simple possession and casual exchange of marijuana, and theft under $500. The trial court sentenced him to an effective sentence of ten years on community corrections. After his arrest for possession of a weapon,felon carrying a firearm, and theft, his supervisor filed a violation warrant. The trial court held a hearing and concluded that Appellant had violated the conditions of his community corrections sentence. The trial court imposed Appellant’s sentence of ten years. Appellant appeals the trial court’s revocation of his community corrections sentence. After a thorough review of the record, we conclude that the trial court did not abuse its discretion. Therefore, we affirm the trial court’s revocation of Appellant’s community corrections sentence.

Defendant Mother appeals the trial court’s judgment naming Plaintiff Father primary residential parent, the award of child support, and assignment of debt. We affirm in part, vacate in part, reverse in part and remand.

A Sumner County jury convicted the Defendant, Derek Williamson, of first-degree premeditated murder, and he was sentenced to life imprisonment. On appeal, the Defendant argues that the trial court erred by commenting on possible sentencing options during voir dire, that the trial court erred by not granting a mistrial based on prejudicial testimony from a witness, that the trial court erred in allowing the testimony of the responding police officer about the appearance of evidence found at the scene, that the trial court abused its discretion by admitting two autopsy photographs, that the trial court improperly instructed the jury on flight, that the evidence was insufficient to sustain his conviction, that the trial court improperly denied his request for a self-defense instruction, and that he is entitled to a new trial because of cumulative error. Following our review, we affirm the judgment of the trial court.

In this divorce case, the husband appeals the trial court’s award of spousal support and attorney’s fees to the wife. The husband claims his inability to pay outweighs the wife’s need for spousal support. After reviewing the record, we find the evidence does not preponderate against the trial court’s decision to award spousal support and attorney’s fees to the wife. Therefore, we affirm.

The plaintiff, Mike Settle, citing 42 U.S.C. § 1983, filed a complaint on April 22, 2010, in which he sought injunctive relief in the form of a transfer from the Tennessee Department of Correction (“TDOC”) to the Middle Tennessee Mental Health Institute (“MTMHI”). The defendants, MTMHI and former Chief Executive Officer, Lynn McDonald, filed a motion to dismiss for failure to state a claim upon which relief can be granted. The trial court granted the defendants’ motion to dismiss. The plaintiff appeals, and we affirm the trial court’s order of dismissal.

The appellant contends that the trial court made several serious errors, by inter alia, dismissing her claim for child support arrearages, reducing the father’s child support obligation, and denying her numerous motions to alter the agreed order after its entry, etc. The problem with these allegations is that they are wholly unfounded because the appellant agreed to settle and/or voluntarily dismiss all of her claims following the third day of trial, prior to the end of the trial. As for her claim that the trial court erred in awarding $10,000 in attorney’s fees against her, we find this argument is also frivolous for she was discharged of this specific obligation in bankruptcy. Therefore, we affirm the trial court in all respects. Further, upon the finding this appeal is frivolous, we remand with instructions for the trial court to award the appellee his reasonable and necessary attorney’s fees and costs against the appellant.

We originally granted the application for permission to appeal in this case to address a question regarding summary judgments in medical malpractice cases that was left unanswered in Hannan v. Alltel Publishing Co., 270 S.W.3d 1 (Tenn. 2008). That question is whether a defendant in a medical malpractice case who does not present evidence that his or her conduct complied with the applicable standard of care is entitled to a summary judgment when he or she demonstrates that the expert witness or witnesses the plaintiff plans to present at trial do not satisfy the requirements of Tenn. Code Ann. § 29-26-115 (Supp. 2010).

The Defendant, Kenneth James Watkins, was convicted by a Davidson County Criminal Court jury of premeditated first degree murder and was sentenced to life in prison. See T.C.A. § 39-13-202 (2010). On appeal, the Defendant contends that (1) the evidence was insufficient to support the conviction, (2) the trial court erred by denying his motion to suppress identification, (3) the trial court erred by allowing testimony regarding his nickname, and (4) the trial court erred by allowing testimony regarding threats against a witness and witnesses’ fear of reprisal. We affirm the judgment of the trial court.

BSG, LLC introduced CheckVelocity to Weight Watchers. In 2005, CheckVelocity and Weight Watchers entered into an agreement whereby CheckVelocity provided check collection services. BSG, in accordance with its agreement with CheckVelocity, was to receive compensation for its introduction of CheckVelocity to Weight Watchers in the form of residual fees during the time of the CheckVelocity - Weight Watchers agreement and any renewal agreements. In 2008, CheckVelocity and Weight Watchers entered into a new agreement in which credit card collection services were added and the check collection services were continued unchanged. CheckVelocitystopped paying the residual fees because it considered the Weight Watchers agreement to be a new agreement, not a renewal of the old one. BSG sued. The trial court considered the 2008 agreement to be a new agreement, not a renewal, and ruled for CheckVelocity. BSG appealed. We reverse.

I concur in the majority opinion but write separately to address the dissenting opinion’s assertion that the “sky is falling.” The majority opinion has not substantially altered “the standard of review of summary judgments based on the inadmissibility of evidence relating to an essential element of the nonmoving party’s case.” Despite Justice Koch’s statements to the contrary, after the release of this opinion, appellate courts will continue to review evidentiary determinations using an abuse of discretion standard. Stating otherwise does not advance this discussion.