Demetrice A. Smith v. State of Tennessee
The petitioner, Demetrice A. Smith, appeals the denial of his petition for post-conviction relief, which petition challenged his 2017 |
Knox | Court of Criminal Appeals | |
In Re Brayden E. Et Al.
The father of two children appeals the termination of his parental rights, contending the petitioner failed to prove a ground for termination or that termination was in the children’s best interests by clear and convincing evidence. In 2018, the juvenile court placed the children in foster care and declared them dependent and neglected upon the petition of the Department of Children’s Services. The court then ratified a permanency plan that had several requirements for the father, including submitting to and passing random drug screens, resolving pending legal issues, and avoiding new criminal charges. Over the next two years, the father only completed some of the action steps and incurred new criminal charges for which he was incarcerated. In September 2019, the Department filed a petition to terminate the father’s rights on the grounds of abandonment by exhibiting a wanton disregard for the children’s welfare and by failure to visit, failure to comply with the permanency plan, and failure to manifest an ability and willingness to assume custody of and financial responsibility for the children. After the final hearing, the court found that the Department proved all four grounds and that termination was in the children’s best interests. This appeal followed. Following a detailed review of the record, we affirm the trial court’s findings in all respects and affirm the termination of the father’s parental rights. |
Franklin | Court of Appeals | |
MICHAEL F. MARASCHIELLO v. STATE OF TENNESSEE
Petitioner, Michael F. Maraschiello, was convicted of first degree murder, arson, possession of a shotgun with an altered serial number, and theft after a jury trial in 1997. He was sentenced to life plus five years for the convictions. Petitioner appealed and this Court affirmed the conviction. State v. Maraschiello, 88 S.W.3d 586, 590 (Tenn. Crim. App. 2000). Over 19 years ago, Petitioner filed a petition for post-conviction relief alleging various grounds for relief including ineffective assistance of counsel. Petitioner sought funding for a medical and psychological expert in 2005, and the post-conviction court denied the request. The post-conviction court granted Petitioner permission for an interlocutory appeal. This Court denied the application for permission to appeal. State v. Michael F. Maraschiello, M2007-01968-CCA-R9-CO, at *2 (Tenn. Crim. App. Sept. 26, 2007) (order). After multiple amended petitions that included dozens of claims, the postconviction court denied relief to Petitioner in 2019. On appeal, Petitioner argues that the evidence weighs against the post-conviction’s court finding that Petitioner was not a credible witness, that he has a constitutional or statutory right to state funded experts and investigators, that the post-conviction court erred by denying Petitioner the ability to prove his claims by refusing to allow Petitioner to call sixty-nine witnesses, that the postconviction court erred when it rejected Petitioner’s claim that he clearly accepted a plea offer, and that trial counsel provided ineffective assistance of counsel by failing to call or impeach witnesses. After a thorough review of the very lengthy record, we affirm the decision of the post-conviction court. |
Montgomery | Court of Criminal Appeals | |
Talat Parveen, Et Al. v. ACG South Insurance Agency, LLC, Et Al.
The present appeal concerns an insurance agent’s alleged negligent failure to procure excess uninsured motorist coverage in accordance with a prospective insured’s instructions. The two insured parties, a married couple, filed suit against their insurance agent and agency after they were denied coverage by the insurance carrier. The trial court found that it was undisputed that the insureds had paid the premium for the policy in effect and applied Tennessee Code Annotated section 56-7-135(b), which provides: “The payment of premium for an insurance contract, or amendment thereto, by an insured shall create a rebuttable presumption that the coverage provided has been accepted by all insureds under the contract.” The trial court determined that the insureds had failed to rebut the statutory presumption that they had accepted the provided coverage, which did not include excess uninsured motorist coverage. Therefore, the trial court granted the insurance agent’s motion for summary judgment. The Court of Appeals, however, reversed, concluding that the rebuttable presumption does not apply to actions against an insurance agent. We granted the ensuing application for permission to appeal to address whether section 56-7-135(b) applies to create a rebuttable presumption in actions against an insurance agent for negligent failure to procure an insurance policy as directed. Considering the plain language of the statute, we conclude that it does create such a presumption. Accordingly, we reverse the judgment of the Court of Appeals and reinstate the judgment of the trial court granting summary judgment. |
Washington | Supreme Court | |
Jace Pennington v. Kawani J. White
This appeal arises from a judgment finding the defendant violated a protective order and a subsequent judgment extending the protective order for one year. Specifically, the defendant seeks to set aside these judgments based on inadequate notice. Although the defendant appeared in court for a related hearing and admits that all notices were sent to her at the proper address, she contends on appeal that, because she was a frequent traveler, she was unaware of the two hearings at issue in this appeal until after they occurred. We have determined the defendant waived the notice issue by failing to bring it to the attention of the trial court and by failing to comply with Rule 27 of the Tennessee Rules of Appellate Procedure and Rule 6 of the Rules of the Court of Appeals. Accordingly, we affirm the judgment of the trial court. Additionally, we have determined the appeal was frivolous; therefore, the plaintiff is entitled to recover the reasonable and necessary expenses and attorney’s fees incurred in this appeal in accordance with Tenn. Code Ann. |
Knox | Court of Appeals | |
State of Tennessee v. Jordana Jenyane Wright
The Defendant, Jordana Jenyane Wright, pled guilty to Class E felony theft of property with an agreed-upon sentence of one year and six months of probation. Following a hearing, the trial court denied the Defendant’s request for diversion. The Defendant appeals, arguing that the trial court, in its decision to deny diversion, failed to properly account for the Defendant’s lack of a criminal record and improperly weighed irrelevant facts, such as the Defendant’s failure to implicate any potential co-defendants and the criminal history of the Defendant’s fiancé. After our review, we affirm the judgment of the trial court. |
Anderson | Court of Criminal Appeals | |
Thomas C. McLaughlin v. State of Tenessee
The petitioner, Thomas McLaughlin, appeals the denial of his petition for post-conviction relief, which petition alleged that he was deprived of the effective assistance of counsel at a revocation hearing .Discerning no error, we affirm the denial of post-conviction relief. |
Montgomery | Court of Criminal Appeals | |
State of Tennessee v. Armin Lars Begtrup
Defendant, Armin Lars Begtrup, was found guilty after a jury trial of two counts of aggravated perjury. He was sentenced to three and one-half years of supervised probation. The trial court granted judicial diversion. Defendant timely filed a motion for new trial which the trial court denied. On appeal, Defendant argues that the trial court violated his right to a unanimous verdict and that the evidence is not sufficient to sustain his convictions. After a thorough review, we dismiss the appeal because we lack jurisdiction to consider the issues. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Armin Lars Begtrup - Concurring
I agree that the majority opinion is correctly decided based upon the current relevant rules and case law. I write separately because I also agree with the statement in the Defendant’s supplemental brief that The denial of access to the appellate courts where the defendant enters a plea of not guilty, is convicted at trial, and is sentenced under judicial diversion is wrong. That is the Appellant’s rubric. The defendant who maintains his innocence has no appellate recourse to correct trial errors that may have resulted in a wrongful conviction if sentenced under judicial diversion. |
Davidson | Court of Criminal Appeals | |
Kevin E. Evans, Et Al. v. Ricki K. Croxdale, Et Al.
This appeal concerns the trial court’s summary judgment dismissal of the plaintiff’s uninsured motorist insurance claim filed against his employer following a car accident. We affirm the judgment of the trial court. |
Sevier | Court of Appeals | |
Federal National Mortgage Association v. Fasil Kebede
The transferee of real property following a foreclosure sale filed a forcible entry and detainer action against the occupier. After the transferee prevailed in the general sessions court, the occupier appealed to circuit court. The transferee then filed a motion for summary judgment, which the trial court granted. Because the undisputed facts demonstrate that the transferee is entitled to judgment as a matter of law, we affirm. |
Shelby | Court of Appeals | |
BRIAN PILLOW v. STATE OF TENNESSEE
Petitioner, Brian Pillow, was convicted by a Maury County Jury of three counts of selling .5 grams or more of cocaine in a drug-free zone. He received an effective sentence of twelve years to be served in the Tennessee Department of Correction. Petitioner filed a petition seeking post-conviction relief, in which he alleged that he received the ineffective assistance of counsel and that the trial court should have granted a continuance when co-counsel was appointed. Following an evidentiary hearing, the postconviction court denied his petition. We affirm the judgment of the post-conviction court. |
Maury | Court of Criminal Appeals | |
Joe David Erwin, et al. v. Great River Road Supercross, LLC
In this dispute over the sale of real and personal property, the buyers complain that they did not receive all the personal property described in the bill of sale and that the real property was encumbered. Their complaint asserted claims for intentional misrepresentation, breach of the covenant against encumbrances, and breach of contract. After a bench trial, the trial court awarded the buyers damages for breach of contract and intentional misrepresentation. Both sides appealed. We conclude that the evidence preponderates against the trial court’s finding that the buyers’ reliance on the misrepresentation in the warranty deed was reasonable. In all other respects, we affirm. |
Dyer | Court of Appeals | |
REI Nation, LLC v. Latasha Tennial
In this forcible entry and detainer case, REI Nation, LLC (“REI”) filed a detainer warrant against LaTasha Chanta Tennial (“Tennial”) in the General Sessions Court for Shelby County (“the General Sessions Court”) to obtain possession of certain foreclosed-upon real estate (“the Property”) it had purchased. The General Sessions Court entered judgment for REI. Tennial appealed to the Circuit Court for Shelby County (“the Circuit Court”) for trial de novo. The Circuit Court found for REI, as well. Tennial appeals to this Court. Discerning no reversible error in the Circuit Court’s judgment, we affirm. |
Shelby | Court of Appeals | |
BRANDON LEE CLYMER v. STATE OF TENNESSEE
The petitioner, Brandon Lee Clymer, appeals the denial of his post-conviction petition arguing the post-conviction court erred in finding he received the effective assistance of counsel at trial. Following our review, we affirm the post-conviction court’s denial of the petition. |
Davidson | Court of Criminal Appeals | |
Mr. Appliance, LLC v. Appliance Services Of Tennessee, LLC, Et Al.
A franchisor sued a franchisee in Texas and obtained a default judgment, which it sought to enroll in Tennessee. The franchisor moved for summary judgment, and the franchisee asserted there was a genuine issue of material fact with regard to whether it had been served properly in the Texas action. The trial court granted the franchisor’s motion, concluding that the Texas judgment was entitled to full faith and credit in Tennessee, and awarded the franchisor its attorneys’ fees. On appeal, we affirm the trial court’s award of summary judgment but reverse the award of attorneys’ fees. |
Williamson | Court of Appeals | |
STATE OF TENNESSEE v. HUNTER ALLEN HELMICK
The Appellee, Hunter Allen Helmick, was charged with possession of LSD with intent to manufacture, sell, or deliver, a Class B felony. He filed a motion to suppress statements he made to police officers about LSD being in his car, arguing that the statements were the result of custodial questioning without his receiving Miranda warnings. He also argued that the trial court should suppress the LSD found during a search of his car because the police found the LSD as a result of his statements. The trial court granted the motion, suppressing both the Appellee’s statements and the drug evidence, and the State appeals the trial court’s ruling. Based upon our review of the record and the parties’ briefs, we agree with the State that the trial court erred by suppressing the drug evidence. Therefore, the portion of the trial court’s order suppressing the drug evidence is reversed, and the case is remanded to the trial court for further proceedings consistent with this opinion. The portion of the trial court’s order suppressing the Appellee’s statements is affirmed. |
Montgomery | Court of Criminal Appeals | |
Southeast Diamond Jubilee Investments, LLC, as Successor To Kawal, Inc., D/B/A Gas Express v. UMA Shiv, Inc.
In this action involving a commercial lease, the lessor corporation filed an unlawful detainer complaint in the Blount County General Sessions Court (“general sessions court”) seeking termination of the lease and eviction of the lessee corporation, which operated a gas station on the leased premises. Following a bench trial, the general sessions court entered a judgment dismissing the complaint with prejudice. On appeal to the Blount County Circuit Court (“trial court”), the lessor filed an amended complaint alleging several breaches of contract by the lessee. Following a four-day bench trial, the trial court dismissed the lessor’s complaint upon finding, inter alia, that the lessee had not materially breached the lease. Discerning no reversible error, we affirm. |
Blount | Court of Appeals | |
Manchester Hotel Hospitality, LLC Et Al. v. City of Manchester, Tennessee, Et Al
A city board of zoning appeals granted a variance request on September 17, 2018, and the city codes director checked a box on the variance application indicating that the request was approved. At its next meeting, on October 15, 2018, the board approved the minutes from its September 17, 2018 meeting. Two companies that opposed the variance filed a sworn petition for writ of certiorari on December 5, 2018, and the defendants filed a motion to dismiss for lack of subject matter jurisdiction pursuant to Tenn. Code Ann. |
Coffee | Court of Appeals | |
STATE OF TENNESSEE v. MARK ALAN KIRBY
Pursuant to a negotiated plea agreement, Defendant, Mark Alan Kirby, pleaded guilty to aggravated assault, a Class C felony. The agreement provided that Defendant’s sentence was three years as a Range I standard offender. The manner of service of the sentence was reserved for determination by the trial court following a sentencing hearing. The trial court ordered the entire sentence to be served in confinement. Defendant has appealed, asserting the trial court should have granted full probation. We affirm the judgment of the trial court. |
Putnam | Court of Criminal Appeals | |
CHRISTOPHER HERNANDEZ v. STATE OF TENNESSEE
The petitioner, Christopher N. Hernandez, appeals the denial of his petition for post-conviction relief, which petition challenged his convictions of rape of a child, aggravated sexual battery, and solicitation of a minor, alleging that he was deprived of the effective assistance of counsel. Discerning no error, we affirm the denial of post-conviction relief. |
Rutherford | Court of Criminal Appeals | |
State of Tennessee v. Joseph Christopher Hendry, II
Defendant, Joseph Christopher Hendry II, was indicted for one count of felony first degree murder, one count of premeditated first degree murder, one count of criminal attempt to commit first degree murder, and four counts of aggravated assault. Pursuant to a negotiated plea agreement, Defendant pleaded guilty to second degree murder and received a sentence of 25 years to be served at 100 percent. Defendant filed a motion seeking to reduce his sentence pursuant to Rule 35 of the Tennessee Rules of Criminal Procedure. Following a hearing, the trial court denied Defendant’s motion. Defendant appeals. Following our review of the record, we affirm the judgment of the trial court. |
Wilson | Court of Criminal Appeals | |
State of Tennessee Ex Rel. Kimberly C. v. Gordon S.
A legal parent appeals a child support award. He claims his voluntary acknowledgment of paternity for the child should be rescinded due to a material mistake of fact. He also claims that requiring him to pay child support would violate public policy because he is not the biological father of the child. Upon our review, we conclude that the legal parent failed to prove the existence of a material mistake of fact that would warrant rescission of the voluntary acknowledgement of paternity. We also conclude that ordering a legal parent to pay child support is consistent with public policy. So we affirm. |
Sumner | Court of Appeals | |
NICHOLAS GRIFFIN v. STATE OF TENNESSEE
Petitioner, Nicholas Griffin, appeals the denial of his post-conviction petition. The post-conviction proceeding attacked his conviction of second degree murder with a Range II sentence of 26 years pursuant to a negotiated plea agreement. Petitioner argues that his guilty plea was not knowingly and voluntarily entered. Petitioner asserts he was denied effective assistance of counsel when his trial counsel failed to adequately prepare for trial and failed to file a motion to suppress the recordings of his jail calls with his mother. Petitioner further argues that trial counsel and his mother pressured him into accepting the guilty plea. Following a review of the briefs of the parties and the record, we affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
Abu-Ali Abdur'Rahman v. State of Tennessee
This is a State appeal, filed by the State Attorney General and Reporter, from an Agreed Order (“AO”) entered between Petitioner, Abu-Ali Abdur’Rahman, and the District Attorney General for Davidson County. The AO amended Petitioner’s capital sentence to life imprisonment. Petitioner filed a motion to reopen his post-conviction proceedings based upon the ruling of the United States Supreme Court in Foster v. Chatman, 578 U.S. ___, 136 S. Ct. 1737 (2016). The post-conviction court granted the motion and set the matter for a hearing. At the hearing, the parties presented to the court an AO stating that Petitioner’s sentence would be amended in exchange for his waiving and dismissing all post-conviction claims. The post-conviction court accepted the AO and subsequently entered an amended judgment of conviction. The State appealed, arguing that the post-conviction court lacked jurisdiction to accept the AO and amend Petitioner’s sentence. Petitioner responds that this Court lacks jurisdiction to hear this appeal because the State consented to the AO in the post-conviction court, thereby foreclosing any right to appeal. We have thoroughly considered the briefs and arguments of both parties as well as the amici curiae. We conclude that the State has a right to appeal to challenge the jurisdiction of the post-conviction court. We also conclude that the post-conviction court lacked jurisdiction to accept the AO and to amend Petitioner’s final judgment of conviction because it did not comply with the statutory requirements for granting relief under the Post-Conviction Procedure Act. Therefore, we vacate both the AO and the amended judgment of conviction and remand this case to the post-conviction court for further proceedings consistent with this opinion. |
Davidson | Court of Criminal Appeals |