Abu-Ali Abdur'Rahman v. State of Tennessee - Concurring in Part, Dissenting in Part
I respectfully dissent from the majority’s opinion insofar as it holds that the post-conviction trial court must first determine that a petitioner is entitled to post-conviction relief before a District Attorney General is allowed to negotiate a settlement of criminal convictions and/or sentences which are the subject of a post-conviction proceeding. The majority opinion prohibits the 31 District Attorneys General in Tennessee from evaluating a petition for post-conviction relief, determining that it has some merit, and concluding that it is appropriate to concede a petitioner is entitled to post-conviction relief. In so doing, the majority opinion prevents the State’s statutorily designated attorney from negotiating the most favorable settlement of the challenged underlying charges before a post-conviction trial court grants full post-conviction relief. If a District Attorney General must wait until the post-conviction trial court rules that post-conviction relief must be granted, the District Attorney General, as in the case sub judice, might very well have a difficult task to locate witnesses and/or physical evidence to present in a new trial. Consequently the State would be required to negotiate from a position of weakness as a result of mandating that the court first grant post-conviction relief prior to the State negotiating a new settlement of the challenged offenses. As a result, the majority opinion undermines the authority of each District Attorney General in this state. |
Davidson | Court of Criminal Appeals | |
Ashley Joell Lindsley v. Philip J. Lindsley
This is an appeal from a divorce proceeding involving a short-term marriage with minor children. In conjunction with its divorce judgment, the trial court designated the mother as the primary residential parent, allowed her to relocate to Mississippi, and awarded her both transitional alimony and alimony in solido. Father now raises several issues for our review on appeal. While we affirm the trial court’s judgment pertaining to the parties’ parenting plan and its determination about the children’s best interests, we vacate a component of the in solido award given to the mother in a purported attempt to equalize the division of the marital estate. We further vacate the award of transitional alimony and remand the case for that issue to be reconsidered by the trial court. The balance of the judgment is affirmed. The mother’s request for an award of attorney’s fees on appeal is granted. |
Williamson | Court of Appeals | |
UGENIO RUBY RUIZ v. STATE OF TENNESSEE
The Tennessee Supreme Court has remanded this case for reconsideration in light of Howard v. State, 604 S.W.3d 53 (Tenn. 2020). See Ugenio Dejesus Ruby-Ruiz v. State, No. M2019-00062-CCA-R3-PC, 2019 WL 4866766 (Tenn. Crim. App. Oct. 2, 2019) (“Ruby-Ruiz I”), case remanded (Tenn. Aug. 7, 2020). Upon further review, we conclude that the supreme court’s holding in Howard does not apply to the untimely filing of an application for permission to appeal to the supreme court. Consistent with the holding of the majority in our previous opinion in this case, we reverse the judgment of the postconviction court and remand the case for the entry of an order granting the Petitioner a delayed appeal for the limited purpose of filing an application for permission to appeal to our supreme court. The Petitioner’s remaining allegations shall be held in abeyance in the post-conviction court until the resolution of the delayed appeal. |
Davidson | Court of Criminal Appeals | |
UGENIO RUBY RUIZ v. STATE OF TENNESSEE
I respectfully dissent from the majority’s opinion granting the delayed appeal based upon the reasoning set forth in my dissenting opinion in this appeal filed on October 2, 2019. I strongly disagree that the Tennessee Supreme Court performed a mere perfunctory or administrative review of the Petitioner’s motion to late-file an application for permission to appeal to which the Petitioner attached his application before denying the Petitioner’s motion. Rather, I conclude that the Tennessee Supreme Court has already reviewed the substantive underlying issues of the appeal in determining not to accept the late-filed appeal in the interest of justice. Accordingly, I would affirm the post-conviction court’s decision to deny the Petitioner delayed appeal, and I would deny a stay of the resolution of the remaining issues raised by the Petitioner. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Juvonta Carpenter
A Shelby County jury convicted the defendant, Juvonta Carpenter, of two counts of first- degree murder, two counts of first-degree felony murder, and one count of aggravated robbery. Following a sentencing hearing, the trial court imposed an effective sentence of life imprisonment plus nine years. On appeal, the defendant challenges the sufficiency of the evidence to support his convictions. The defendant also contends the trial court erred in admitting partially redacted police statements and in imposing a partial consecutive sentence. After reviewing the record and considering the applicable law, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Kevin Grammer
A Madison County jury convicted the defendant, Kevin Grammer, of aggravated robbery, theft of property over $1000, felony evading arrest, speeding, reckless driving, felony reckless endangerment, failure to exercise due care, disobeying a stop sign, and driving on a suspended license. The trial court imposed partial consecutive sentences for an effective sentence of fourteen years’ confinement. On appeal, the defendant contends the trial court erred in imposing consecutive terms. Upon our review of the record and the applicable law, we affirm the judgments of the trial court. |
Madison | Court of Criminal Appeals | |
John N. Moffitt v. State of Tennessee
A Henderson County jury convicted the Petitioner, John N. Moffitt, of reckless aggravated assault, as a lesser included offense of aggravated assault, for slashing the victim’s arm with a pocketknife following a property dispute. State v. John N. Moffitt, No. W2014-02388-CCA-R3-CD, 2016 WL 369379, at *1 (Tenn. Crim. App. Jan. 29, 2016), perm. app. denied (Tenn. June 24, 2016). This Court affirmed his conviction on direct appeal; however, this Court also reduced the amount of restitution that the trial court ordered and remanded the case to the trial court to determine the amount of restitution that the Petitioner could pay. Id. On March 10, 2020, the Petitioner, acting pro se, filed a petition for writ of error coram nobis, arguing that his conviction for reckless aggravated assault was “an illegal and unconstitutional conviction” because the indictment failed to allege “recklessly,” which the Petitioner contends is a “required mental state indicating a lesser kind of culpability” than that required for aggravated assault. The Petitioner alleged that he was entitled to due process tolling of the statute of limitations because he was “totally unaware of the fact about [sic] the illegal and unconstitutional conviction.” The coram nobis court summarily dismissed the petition, finding that it was time-barred and that the Petitioner’s allegations did not constitute new evidence and thus did not toll the statute of limitations. Following our review, we affirm the judgment of the coram nobis court. |
Henderson | Court of Criminal Appeals | |
Jermarlon Sanders v. State of Tennessee
The Petitioner, Jermarlon Sanders, appeals the Shelby County Criminal Court’s denial of post-conviction relief from his conviction of aggravated robbery, for which he received an eight-year term of imprisonment. In his appeal, the Petitioner argues that his guilty plea was unknowingly and involuntarily entered based on the ineffective assistance of trial counsel. Upon review, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Gregory Goff
A Madison County jury convicted the defendant, Gregory Goff, of especially aggravated robbery and aggravated assault for which he received an effective thirty-five-year sentence. On appeal, the defendant challenges the sufficiency of the evidence supporting his convictions and the trial court’s jury instruction regarding self-defense. After a thorough review of the record, we affirm the judgments of the trial court. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Tarvis Weatherly
A Shelby County jury convicted the defendant, Tarvis Weatherly, of aggravated sexual battery for which he received a thirty-year sentence. On appeal, the defendant challenges the sufficiency of the evidence supporting his conviction which we affirm after a thorough review of the record. |
Shelby | Court of Criminal Appeals | |
Delarris Jones a/k/a Cedric Jones v. State of Tennessee
The Petitioner, Delarris Jones A/K/A Cedric Jones, appeals the denial of his petition for post-conviction relief, asserting that he received ineffective assistance of trial counsel. After review, we affirm the denial of the petition. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Derek T. Grooms, Steven Hamm, Jeremiah Lesslie, Christian Cole Smith, Allen Hatley, and Bennie Swafford
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Benton | Court of Criminal Appeals | |
State of Tennessee v. Yolanda Tucker
The Defendant-Appellant, Yolanda Tucker, pleaded guilty to one count of aggravated assault,1 a Class C felony, in violation of Tennessee Code Annotated section 39-13-102, in Shelby County Criminal Court. Following the Defendant’s testimony at her guilty plea hearing, the trial court denied her request for judicial diversion and imposed a sentence of three years to be served on supervised probation. On appeal, the Defendant contends that (1) the trial court committed plain error in denying her statutory right to allocution and requiring her to testify under oath in order to request judicial diversion, and that (2) the trial court erred in failing to adequately explain its reasoning for denying the Defendant’s application for judicial diversion. Following our review, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
Tennessee Department of Health, Et Al. v. Christina K. Collins, RN, APRN
This appeal involves a licensure disciplinary action. The Tennessee Board of Nursing charged an advanced practice registered nurse with overprescribing controlled substances. After a contested case hearing, the Board found the nurse practitioner guilty of violations of Tennessee’s nursing rules. However, during the deliberations of the Board, one member conducted her own research. She observed that her findings had “changed her mind” and shared the information with the other panel members. The Board subsequently imposed a much-reduced sanction than what was sought by the State. After the administrative law judge twice denied the State’s motions for mistrial, the parties filed appeals with the chancery court. Upon review, the trial court determined that the procedural errors in the record, including the introduction of extrinsic prejudicial information, constituted an abuse of discretion that affected the merits of the Board’s decision. The court reversed and remanded the matter for a new contested case hearing to be heard before and deliberated by a different Board panel. We affirm. |
Davidson | Court of Appeals | |
STATE OF TENNESSEE v. NAPOLEON EMMANUALE PERSON
Napoleon Emmanuale Person, Defendant, appeals from the trial court’s judgment revoking his probation and placing his original sentences into effect. Discerning no error, we affirm. |
Coffee | Court of Criminal Appeals | |
ZAKKAWANDA ZAWUMBA MOSS v. STATE OF TENNESSEE
The Petitioner, Zakkawanda Zawumba Moss, appeals the Lincoln County Circuit Court’s denial of his post-conviction petition, seeking relief from his six convictions of first degree premediated murder and six consecutive life sentences. On appeal, the Petitioner contends that we should remand the case to the post-conviction court in order to provide the Petitioner an opportunity to present additional proof in support of his petition. Based upon the record and the parties’ briefs, we disagree with the Petitioner and affirm the post-conviction court’s denial of the petition. |
Lincoln | Court of Criminal Appeals | |
Jason Hale v. Turney Center Disciplinary Board, Et Al.
Appellant prison inmate appeals the dismissal of his petition for a writ of certiorari. On appeal, Appellant asserts that the board failed to comply with the Uniform Disciplinary Procedure in imposing discipline in this case. Because the trial court did not abuse its discretion in denying the appellant relief, we affirm. |
Hickman | Court of Appeals | |
Susan Jo Walls v. State of Tennessee
The Petitioner, Susan Jo Walls, appeals the Bedford County Circuit Court’s denial of her post-conviction petition, seeking relief from her convictions of first degree premeditated murder and conspiracy to commit first degree murder and resulting effective life sentence. On appeal, the Petitioner contends that she received the ineffective assistance of trial counsel. Based upon the record and the parties’ briefs, we affirm the judgment of the post-conviction court. |
Bedford | Court of Criminal Appeals | |
A & P Excavating And Materials, LLC v. David Geiger
In this contract action, the trial court entered a judgment dismissing the plaintiff logging company’s complaint for breach of contract, determining that the defendant landowner had been within his rights to terminate the parties’ agreement because (1) the contract, which had been drafted by the owner of the logging company, was not sufficiently specific to be enforceable and (2) the logging company had violated what was an unambiguous section of the contract requiring that the logging company follow directions concerning the logging operation given by the landowner’s property manager. The logging company has appealed. Having determined that the parties’ contract is enforceable, we reverse the trial court’s first basis for dismissal of the logging company’s breach of contract claim. However, we affirm the remainder of the trial court’s judgment in its entirety. |
Hawkins | Court of Appeals | |
Sypriss Smith v. All Nations Church of God, et al.
Former employee sued her former employer for retaliatory discharge under the Tennessee Public Protection Act, disability discrimination, and religious discrimination. Former employee voluntarily dismissed the religious discrimination claim prior to trial; the jury returned a verdict in favor of the former employee on only the retaliatory discharge claim, awarding total damages of $15,500.00, inclusive of punitive damages. Former employee then sought an award of over $100,000.00 in attorney’s fees under the applicable statutes, which the trial court reduced to $12,500.00, the same amount of punitive damages awarded by the jury. Former employee appeals only the attorney’s fee award. We vacate the judgment of the trial court and remand for further proceedings. |
Madison | Court of Appeals | |
Jacob Daniel Drucker v. Colleen Erin Daley
Mother challenges the trial court’s granting of father’s petition to modify the residential parenting schedule to give him equal residential parenting time. She argues that the father failed to establish a material change in circumstances affecting the child’s well-being in a meaningful way. We have determined that the evidence does not preponderate against the trial court’s findings that there was a material change of circumstances under Tenn. Code Ann. § 36-6-101(a)(2)(C) and that modification of the parenting schedule was in the best interest of the child. |
Rutherford | Court of Appeals | |
In Re Allie-Mae K., Et Al.
This appeal involves the termination of a mother’s parental rights. The trial court found by clear and convincing evidence that multiple grounds for termination were proven and that termination is in the best interest of the children. We reverse one ground for termination but otherwise affirm and remand for further proceedings. |
Hickman | Court of Appeals | |
In Re Allie-Mae K., Et Al. - Concurring In Part
While I concur with the end result reached by the majority in this case, I write separately to note my disagreement with the the majority’s suggestion that the split of authority surrounding In re Amynn K., No. E2017-01866-COA-R3-PT, 2018 WL 3058280 (Tenn. Ct. App. June 20, 2018) and In re Ayden S., No. M2017-01185-COA-R3-PT, 2018 WL 2447044 (Tenn. Ct. App. May 31, 2018), has been fully resolved in favor of In re Amynn K. See, e.g., In re Allyson P., No. E2019-01606-COA-R3-PT, 2020 WL 3317318, at *9 (Tenn. Ct. App. June 17, 2020) (following In re Ayden S. and reversing the trial court’s decision to terminate a mother’s parental rights based upon this ground when the proof showed that mother was unable to assume custody of her child but was not unwilling). As I perceive it, this split remains clear and irreconcilable. |
Hickman | Court of Appeals | |
The Total Garage Store, LLC. v. Nicholas C. Moody
This appeal concerns a noncompetition agreement. The Total Garage Store, LLC (“TGS”) sued former employee Nicholas C. Moody (“Moody”) in the Chancery Court for Montgomery County (“the Trial Court”). TGS alleged that Moody violated his noncompetition agreement (“the Agreement”). At the end of a hearing on TGS’s motion for a temporary injunction held 35 days after suit was filed, the Trial Court invoked Tenn. R. Civ. P. 65.04(7) to declare that the hearing was on the merits of the case, not just the injunction. The Trial Court found the Agreement enforceable and entered an injunction order. Later, TGS filed a motion for contempt against Moody alleging that he violated the order. After a hearing, the Trial Court found Moody guilty of six counts of criminal contempt. The Trial Court also awarded damages to TGS. Moody appeals. Because the record does not reflect that Moody received adequate notice that the injunction hearing also would be on the merits, we vacate the Trial Court’s judgment as it pertains to Moody’s alleged violation of the Agreement. However, this does not and did not entitle Moody to ignore the temporary injunction, and we affirm the Trial Court in its finding Moody guilty of criminal contempt. We therefore affirm, in part, and vacate, in part, the Trial Court’s judgment, and remand for further proceedings consistent with this Opinion. |
Montgomery | Court of Appeals | |
Mini Systems, Inc. v. Marvin Alexander, et al.
This case arises from a breach of contract dispute involving the construction of two storage buildings. Among other issues is whether Appellee’s actions were “unfair or deceptive” pursuant to the Tennessee Consumer Protection Act. The trial court ultimately found that there was a breach of contract, but that Appellee’s actions were not deceptive and dismissed the Tennessee Consumer Protection Act claim. Appellant now appeals the trial court’s dismissal of his claim under the Tennessee Consumer Protection Act. For the reasons stated herein, we affirm the trial court’s judgment. |
Weakley | Court of Appeals |