State of Tennessee v. Wanda F. Russell
A defendant was indicted on four counts of theft. At trial, the trial court ruled that the defendant’s prior misdemeanor convictions for passing worthless checks were admissible to impeach her credibility pursuant to Tennessee Rule of Evidence 609, which states that a conviction punishable by less than one year of imprisonment is admissible if the crime involves dishonesty or false statement. See Tenn. Code Ann. § 39-14-121 (2010). The defendant elected not to testify, and the jury convicted her on three of the four counts of theft. We hold that the crime of passing worthless checks involves an element of dishonesty or false statement and that the trial court did not abuse its discretion when it determined that the defendant’s prior convictions could be used to impeach her credibility if she testified. We affirm the decision of the trial court. |
Rutherford | Supreme Court | |
Tina Marie Hodge v. Chadwick Craig
This appeal requires the Court to determine whether current Tennessee law permits the |
Maury | Supreme Court | |
Christian Heyne et al. v. Metropolitan Nashville Board of Public Education
This appeal involves the scope of the procedural due process rights of a public high school student facing discipline for an infraction of school rules of conduct. After injuring a younger student with his automobile on school property, the student was cited for an infraction of the student conduct rule proscribing reckless endangerment. The principal’s decision to suspend the student for ten days was upheld by a hearing board and a designee of the director of schools, and the school board declined to review the matter. Thereafter, the student and his family filed a petition for common-law writ of certiorari in the Chancery Court for Davidson County seeking judicial review of the disciplinary decision. Following a hearing during which the trial court permitted the student and his family to present evidence regarding allegedly arbitrary, capricious, and illegal conduct by school officials that was not reflected in the record of the disciplinary proceedings, the trial court found that the school officials had violated the student’s procedural due process rights because one official had performed both prosecutorial and decision-making functions and because this official was biased against the student. The trial court also determined that the evidence did not support the conclusion that the student’s conduct amounted to reckless endangerment. Accordingly, the trial court directed the school system to expunge the student’s record and awarded the student and his family $371,845.25 in attorneys’ fees and $25,626.27 in costs. The Board of Education appealed, and the Court of Appeals reversed the trial court’s judgments. Heyne v. Metropolitan Nashville Bd. of Pub. Educ., No. M2010-00237-COA-R3-CV, 2011 WL 1744239 (Tenn. Ct. App. May 6, 2011). We affirm the judgment of the Court of Appeals. |
Davidson | Supreme Court | |
Fred T. Hanzelik v. Board of Professional Responsibility of the Supreme Court of Tennessee
This direct appeal involves a disciplinary proceeding against a Chattanooga lawyer arising out of his representation of two clients. A hearing panel of the Board of Professional Responsibility determined that the lawyer should be suspended from the practice of law for forty-five days. Following the lawyer’s appeal to the Chancery Court for Hamilton County, the trial court upheld the lawyer’s forty-five-day suspension after finding that the record supported the hearing panel’s findings that the lawyer had attempted to bill one client twice, had breached his ethical obligations to another client, and had failed to cooperate with the Board of Professional Responsibility during its extended investigation into his conduct. On this appeal, the lawyer insists (1) that the evidence does not support the hearing panel’s findings, (2) that the hearing panel erred by receiving into evidence a videotaped deposition given by one of his clients, (3) that the hearing panel failed to properly apply the American Bar Association Standards for Imposing Lawyer Sanctions, and (4) that the hearing panel failed to consider the discipline imposed on other lawyers for similar infractions. Based on our review of the record, we, like the trial court, affirm the hearing panel’s decision to suspend the lawyer’s license to practice law for forty-five days. |
Hamilton | Supreme Court | |
State of Tennessee v. Susan Renee Bise
Following a burglary in Greene County, the defendant was charged with two counts of aggravated burglary and two counts of theft of property. At the conclusion of the trial, the jury returned verdicts of guilt for one count of facilitation of aggravated burglary and for two counts of theft of property. After finding the presence of one enhancement factor, the trial court imposed concurrent three-year sentences for each offense. The Court of Criminal Appeals found that the enhancement factor did not apply and reduced each of the sentences to two years. Because we find that a sentence imposed by a trial court should be upheld so long as it is within the appropriate sentencing range and is otherwise in compliance with the purposes and principles of the sentencing statute, we reverse the sentence modification by the Court of Criminal Appeals and, upon review under an abuse of discretion standard with a presumption of reasonableness, reinstate the sentence imposed by the trial court. |
Greene | Supreme Court | |
Lacey Chapman v. Davita, Inc.
An employee filed a request for assistance with the Tennessee Department of Labor after she was injured at her workplace. After approximately six months of inaction by the Department, the employee filed a complaint for workers’ compensation benefits against her employer in Marshall County Circuit Court. The employer responded with a motion to dismiss asserting that the trial court lacked subject matter jurisdiction because the parties had not participated in the benefit review conference process. The trial judge did not dismiss the complaint but ordered the case to be held in abeyance pending further orders of the court. On extraordinary appeal to this Court, we hold that the trial court did not have subject matter jurisdiction of the case because the employee did not exhaust the benefit review conference process before filing suit as required by Tennessee Code Annotated section 50-6-203 (2008). The judgment of the trial court is reversed, and the employee’s complaint is dismissed without prejudice. |
Marshall | Supreme Court | |
Rondal Akers et al. v. Prime Succession of Tennessee, Inc. et al.
Dr. Rondal D. Akers, Jr. and Lucinda Akers sued T. Ray Brent Marsh for the alleged |
Bradley | Supreme Court | |
Ready Mix, USA, LLC v. Jefferson County, Tennessee
The plaintiff, a producer of construction aggregates, acquired property with proven reserves for mining and quarrying operations. Afterward, Jefferson County enacted a comprehensive zoning ordinance limiting the use of the property to agricultural purposes. Before the passage of the ordinance, the plaintiff undertook various activities designed to establish business operations. When the county issued a stop work order, the plaintiff, without first receiving a decision from the county’s board of zoning appeals, filed a declaratory judgment action arguing that the portion of the property not previously subject to zoning qualified as a pre-existing non-conforming use, protected by Tennessee Code Annotated section 13-7-208 (1992). After concluding that the plaintiff was not required to exhaust its administrative remedies, the trial court ruled that the business activities on the property were “in operation” at the effective date of the ordinance for purposes of grandfather protection under section 137-208. Because the Court of Appeals held that the plaintiff had failed to exhaust its administrative remedies, the judgment was set aside. We hold that the trial court, under these circumstances, did not err by ruling that the plaintiff was not required to exhaust the administrative remedies. We further hold that the evidence does not preponderate against the trial court’s finding that the plaintiff had established operations sufficient to qualify for protection under Tennessee Code Annotated section 13-7-208. |
Jefferson | Supreme Court | |
Ready Mix, USA, LLC v. Jefferson County, Tennessee - Concur
I concur with the Court’s conclusion that the evidence does not preponderate against the trial court’s finding that Ready Mix, USA, LLC’s activities on its property established pre-existing use and, therefore, qualify for protection under Tenn. Code Ann. § 13-7-208 (2011). I base my decision entirely on our prior precedents construing Tenn. Code Ann. § 13-7-208 without any consideration, directly or indirectly, of the diminishing assets doctrine. |
Jefferson | Supreme Court | |
State of Tennessee v. Charles E. Lowe-Kelley
A defendant was sentenced following his conviction on two counts of first degree murder and nine counts of attempted first degree murder. Eighteen days later, his attorney filed a motion requesting a new trial and withdrew as counsel. The motion contained no specific grounds for relief. The trial court appointed replacement counsel. Several months later, replacement counsel amended the motion for new trial to allege specific grounds for relief. The trial court denied the amended motion for new trial. The Court of Criminal Appeals held that the original motion for new trial was a nullity because it contained no grounds for relief and that the trial court therefore did not have jurisdiction to permit the amendment of the motion for new trial. The Court of Criminal Appeals therefore considered the defendant’s specific grounds for relief as waived. We hold that the original motion for new trial met the requirements of Tennessee Rule of Criminal Procedure 33 despite its failure to allege specific grounds for relief and that the trial court retained jurisdiction to permit the amendment of the motion. The cause is remanded to the Court of Criminal Appeals to consider the defendant’s appeal of the denial of his amended motion for new trial. |
Maury | Supreme Court | |
Elliot H. Himmelfarb, M.D., et al. v. Tracy R. Allain
A patient discovered that a guide wire had been left in her vein during a prior medical procedure. She filed a medical malpractice action against the doctors who performed the procedure and the hospital where the procedure was performed. The patient voluntarily dismissed the medical malpractice suit pursuant to Tennessee Rule of Civil Procedure 41 when she was informed that another party was responsible for the presence of the guide wire. The doctors named in the original suitf iled a malicious prosecution action against the patient. The patient filed a motion for summary judgment alleging that the doctors could not prove that the prior suit had been terminated in their favor. The trial court denied the motion for summary judgment, and the Court of Appeals affirmed the trial court’s denial. We hold that a voluntary nonsuit taken pursuant to Tennessee Rule of Civil Procedure 41 is not a favorable termination on the merits for purposes of a malicious prosecution claim. We reverse the Court of Appeals and remand to the trial court for entry of summary judgment in favor of the patient and for further proceedings consistent with this opinion. |
Williamson | Supreme Court | |
State of Tennessee v. Wayne Donaldson
An officer stopped the defendant for a traffic violation. When the officer ordered the defendant out of his vehicle to sign the citation, he observed what appeared to be a bag of cocaine on the floorboard of the driver’s side. Charged with possession with intent to sell or deliver twenty-six grams or more of cocaine in a school zone, the defendant moved to suppress the evidence as the product of an unlawful seizure. The trial court sustained the motion, and the Court of Criminal Appeals affirmed. This Court granted the State’s application for permission to appeal. Because an officer, after making a lawful stop for a traffic violation, may routinely direct the driver outside of the vehicle, the order of suppression is reversed, and the cause is remanded for trial. |
Davidson | Supreme Court | |
Jerry Garrison et al. v. Rita Bickford et al.
Following an accident which claimed the life of their teenage son, the deceased’s parents filed claims for wrongful death and negligent infliction of emotional distress against the driver and owner of the car that struck their son. The parents also sought to recover from their own insurance company under the uninsured motorist provisions of their policy. The driverof the car settled, paying the deceased’s parents $25,000 for their wrongful death claim and $25,000 for their negligent infliction of emotional distress claim. The parents’ insurer paid them an additional $75,000 for the wrongful death claim but refused to pay any damages for their emotional injuries. The insurer contended that (1) emotional distress did not constitute “bodily injury” as defined in the policy, and (2) the “Each Person” limit in the policy had been met, here by exhausting any available coverage. The parents maintained that recovery for emotional harm was not precluded under the policy definition of “bodily injury” and that the “Each Person” limit had not been met. The trial court agreed with the parents and ruled in favor of coverage. The Court of Appeals reversed. We granted the parents’ application for permission to appeal to decide whether “bodily injury” as defined in the policy includes mental injuries standing alone. It does not. The judgment of the Court of Appeals is affirmed. |
Bledsoe | Supreme Court | |
Porsha Perkins v. Metropolitan Government of Nashville and Davidson County
An employee of an agency of the Metropolitan Government of Nashville and Davidson County (“Metro”) was discharged after she filed complaints with the Equal Employment Opportunity Commission and a lawsuit against Metro alleging employment discrimination. The employee appealed her termination to the Metro Civil Service Commission and eventually settled the appeal, receiving backpay and other consideration in exchange for her agreement not to apply for or accept future employment with the agencythat discharged her. The employee subsequently filed a complaint against Metro alleging, among other things, retaliatory discharge in violation of Title VII of the Civil Rights Act of 1964 (“Title VII”) and the Age Discrimination in Employment Act (“ADEA”). Metro filed a motion seeking summary judgment. The trial court granted the motion, reasoning that the employee could not establish that her termination constituted an adverse employment action because she had accepted backpay and agreed not to be reinstated as part of the settlement of her Civil Service Commission appeal. The Court of Appeals affirmed. We conclude that the employee’s acceptance of the settlement does not preclude her from establishing that her termination constituted an adverse employment action for purposes of her federal retaliatory discharge claims. We reverse the judgment of the Court of Appeals, vacate the judgment of the trial court granting Metro summary judgment, and remand this matter to the trial court for further proceedings consistent with this decision. |
Davidson | Supreme Court | |
State of Tennessee v. Michael Farmer and Anthony Clark
During a robbery, one of the defendants shot the victim in the leg. Although the bullet passed through the victim’s leg, the wound required minimal medical treatment and did not cause the victim to suffer a loss of consciousness, extreme pain, disfigurement, or impairment. The defendants were convicted of especially aggravated robbery and aggravated robbery. The Court of Criminal Appeals affirmed the convictions. We modify the convictions for especially aggravated robbery to convictions for aggravated robbery because the victim did not suffer a serious bodily injury as required by Tennessee Code Annotated section 39-13-403 (2010) and remand to the trial court for resentencing. |
Shelby | Supreme Court | |
State of Tennessee v. Michael Farmer and Anthony Clark - Concur
I concur with the Court’s conclusions that all gunshot wounds do not necessarily cause bodily injury that involves a “substantial risk of death” for the purpose of Tenn. Code Ann. § 39-11-106(a)(34)(A) (2010). I also agree that the State failed to present sufficient evidence that the particular gunshot wound Mr. Westbrooks received involved a substantial risk of death. Accordingly, I join the Court’s decision to vacate Messrs. Farmer’s and Turner’s convictions for especially aggravated robbery and to remand for resentencing for aggravated robbery. I have chosen to write separately to highlight the important role that expert medical testimony must play in many cases in which the State must establish that the injury to the victim carried with it a substantial risk of death. |
Shelby | Supreme Court | |
Walter Word v. Metro Air Services, Inc., et al.
In this interlocutory appeal, we must decide whether a trial court has subject matter jurisdiction over a workers’ compensation case when the time stamp on the complaint is earlier than the “time noted” on the Benefit Review Conference Report, pursuant to Benefit Review Process Rule 0800-2-5-.09(2). Because a workers’ compensation action may not be filed under Tennessee Code Annotated section 50-6-225(a)(2)(A) (2008) until exhaustion of the benefit review conference process, we hold that when subject matter jurisdiction over a workers’ compensation case depends upon the issuance of a Benefit Review Conference Report, the “time noted on the Report” is controlling. Moreover, we hold that the time stamp on the complaint,if unambiguous,maynotbe impeached with extrinsic evidence. Therefore, we reverse the trial court’s denial of the employer’s motion to dismiss for lack of subject matter jurisdiction and dismiss this action. |
Wilson | Supreme Court | |
William S. Lockett, Jr. v. Board of Professional Responsibility
While working for a law firm in which he was a shareholder, an attorney performed legal services for clients and failed to remit fees owed to the law firm. Members of the law firm confronted the attorney about the misappropriated legal fees shortly after the attorney resigned his position at the law firm to assume elected public office. As a result of his conduct, the attorney pleaded guilty to theft and to willful failure to file income tax returns. During a subsequent investigation, the Board of Professional Responsibility discovered that the attorney had accepted loans from the law firm’s clients while he was employed at the law firm. A hearing panel of the Board of Professional Responsibility found that the attorney should be suspended for four years. The attorney appealed, and the chancery court applied additional mitigating factors to reduce the suspension to two years. We hold that the chancery court erred in modifying the judgment without finding that any of the circumstances in Tennessee Supreme Court Rule 9, section 1.3 applied. We also hold that the hearing panel erred in imputing a conflict of interest to the attorney with respect to the loan from the law firm’s client and in misapplying aggravating and mitigating factors. Despite these errors, we conclude that the length of suspension imposed by the hearing panel is consistent with the sanctions imposed on attorneys for similar conduct. We therefore reverse the chancery court’s reduction of the suspension to two years and affirm the hearing panel’s imposition of a four-year suspension. |
Knox | Supreme Court | |
Davey Mann et al. v. Alpha Tau Omega Fraternity et al.
We accepted this appeal of a personal injury action to determine whether the dismissal of a defendant pursuant to a written order not made final under Tennessee Rule of Civil Procedure 54.02 renders that defendant “not a party to the suit” for purposes of Tennessee Code Annotated section 20-1-119. We answer this question in the affirmative. Because the Court of Appeals upheld the judgment of the trial court dismissing the appellees from the Manns’ second amended complaint as time-barred, we reverse the Court of Appeals and remand to the trial court for further proceedings. |
Shelby | Supreme Court | |
Gerdau Ameristeel, Inc. v. Steven Ratliff
An employee viewed the bodies of co-workers who had died as a result of work accidents on two separate occasions in February and April 2008. On June 23, 2008, the employee was diagnosed with post-traumatic stress disorder caused by the two incidents. On June 23,2009, the employee requested a benefit review conference. The employer filed a complaint to determine the amount of workers’ compensation benefits due. The employer subsequently filed a motion for summary judgment contending that the statute of limitations commenced on the date of the second accident and that the claim was therefore barred. The employee contended that the statute did not begin to run until the date of his diagnosis and that his claim was timely. The trial court granted the employer’s motion. The employee appealed. We reverse the judgment of the trial court and remand the case for entry of a judgment consistent with the trial court’s alternative findings. |
Madison | Supreme Court | |
State of Tennessee v. Guy Alvin Williamson
After an investigatory stop and frisk, the defendant was charged with the unlawful possession of a handgun after a felony conviction and the unlawful possession of a handgun while under the influence of alcohol and was convicted on both counts. The trial court imposed probationary sentences of three years and eleven months, twenty-nine days, respectively. The defendant appealed, arguing that his motion to suppress evidence should have been granted. The Court of Criminal Appeals affirmed. This Court granted the defendant’s application for permission to appeal. Because the investigatory stop and frisk of the defendant was not supported by specific and articulable facts establishing reasonable suspicion that a criminal act was being or about to be committed, the trial court erred by failing to suppress the handgun found by the police and presented as evidence at trial. The judgments of conviction are, therefore, reversed and the cause dismissed. |
Tipton | Supreme Court | |
Donna Clark v. Sputniks, LLC et al.
In these consolidated cases, the primary issue is whether there is liability insurance coverage for the plaintiffs’ injuries resulting from an altercation on the premises of the insured’s bar and restaurant. The insurer denied coverage and declined to defend the insured based on its determination that there was no coverage under the terms of the policy. We hold that based on the clear terms of the policy agreement, there is no liability coverage because the incident arose from an assault and battery, which was an excluded cause, and because there is no nonexcluded concurrent cause to provide coverage. We further hold that estoppel by judgment does not apply to collaterally estop the insurer from arguing the lack of coverage. The judgment of the trial court is reversed. |
Sumner | Supreme Court | |
Leonard Gamble v. Sputniks, LLC et al.
In these consolidated cases, the primary issue is whether there is liability insurance coverage for the plaintiffs’ injuries resulting from an altercation on the premises of the insured’s bar and restaurant. The insurer denied coverage and declined to defend the insured based on its determination that there was no coverage under the terms of the policy. We hold that based on the clear terms of the policy agreement, there is no liability coverage because the incident arose from an assault and battery, which was an excluded cause, and because there is no nonexcluded concurrent cause to provide coverage. We further hold that estoppel by judgment does not apply to collaterally estop the insurer from arguing the lack of coverage. The judgment of the trial court is reversed. |
Sumner | Supreme Court | |
In Re Estate of Ardell Hamilton Trigg
In this case, we address the following two matters: (1) the proper procedure for obtaining appellate review of a judgment of a probate court created by private act upholding a claim filed by the Bureau of TennCare against the estate of a TennCare recipient and (2) the right of TennCare to obtain reimbursement for properlypaid TennCare benefits from real property owned by the recipient at the time of her death. After the decedent’s will was admitted to probate in the Putnam County Probate Court, TennCare filed a claim against her estate seeking reimbursement for services provided through theTennCare program. The decedent’s personal representative filed an exception to this claim. After the probate court upheld TennCare’s claim, the estate appealed to the Circuit Court for Putnam County. The circuit court determined that the decedent’s real property was not subject to TennCare’s claim, and TennCare appealed to the Court of Appeals. The Court of Appeals held that the circuit court lacked subject matter jurisdiction over the appeal from the probate court and that the appeal should have been filed with the Court of Appeals. Accordingly, it vacated the circuit court’s judgment and affirmed the judgment of the probate court. In re Estate of Trigg, No. M200902107-COA-R3-CV, 2011 WL 497459, at *3 (Tenn. Ct. App. Feb. 9, 2011). We granted the estate’s application for permission to appeal to determine whether the circuit court had subject matter jurisdiction over the estate’s appeal from the probate court’s order upholding TennCare’s claim and whether real property owned by the recipient at the time of her death is subject to TennCare’s claims. We have determined that the circuit court lacked jurisdiction over the estate’s appeal from the probate court’s judgment regarding TennCare’s disputed claim and that the real property owned by the decedent at the time of her death is subject to TennCare’s claims for reimbursement. |
Putnam | Supreme Court | |
State of Tennessee v. Hubert Glenn Sexton
The defendant, tried and convicted of two counts of first degree murder, was sentenced to death for each offense. The Court of Criminal Appeals affirmed. In our review, we have found that the trial court erred by admitting detailed evidence of a prior claim of child sex abuse and by allowing references to the defendant’s refusal to submit to a polygraph examination. Further, the record demonstrates several instances of prosecutorial misconduct during the opening statement and during the final arguments of both the guilt and penalty phases of the trial. Because, however, the defendant admitted to at least three witnesses that he committed the murders and the evidence of guilt was otherwise overwhelming, the errors had no effect on the verdicts rendered at the conclusion of the guilt phase of the trial. Each of the convictions is, therefore, affirmed. Nevertheless, because certain of the inadmissible evidence was particularly inflammatory and the prosecution made several inappropriate comments, the sentences of death must be set aside. The Court of Criminal Appeals is, in consequence, affirmed in part and reversed in part. The cause is remanded to the trial court for new sentencing hearings. |
Scott | Supreme Court |
