Amanda Bliss Gricunas (Harmon) v. Andrew James Gricunas
In this post-divorce proceeding, the mother filed a petition to modify time sharing arrangements between the mother and the father with regard to the minor children of the parties. The parties have been divorced since 2010. The mother also requested a modification of the father’s child support obligation and asked that the father pay for onehalf of the children’s past and future medical expenses. |
Greene | Court of Appeals | |
In Re Mahaley P. Et Al.
This is the second appeal concerning the petition filed by the Tennessee Department of Children’s Services (“DCS”) in the Claiborne County Juvenile Court (“Juvenile Court”) to terminate the parental rights of Ed P. (“Father”) to the children, Mahaley P. and Morgan P. (“the Children”). During the first appeal as to Father, this Court reversed the statutory ground of substantial noncompliance with the permanency plan and remanded for the Juvenile Court to make additional findings of fact and conclusions of law related to the two remaining grounds and as relevant to the best interest analysis. See In re Mickeal Z., No. E2018-01069-COA-R3-PT, 2019 WL 337038 (Tenn. Ct. App. Jan. 25, 2019). On April 4, 2019, the Juvenile Court entered an order making additional findings of fact and conclusions of law. Father appeals the April 4, 2019 order of the Juvenile Court terminating his parental rights to the Children upon its determination that DCS had proven by clear and convincing evidence the statutory grounds of persistent conditions and failure to manifest an ability and willingness to assume custody of the Children and that the termination of Father’s parental rights was in the Children’s best interest. Discerning no error, we affirm. |
Claiborne | Court of Appeals | |
In Re Emma S.
In this parental termination case, the juvenile court found two statutory grounds for termination of a mother’s parental rights: substantial noncompliance with the requirements of the permanency plan and persistence of conditions. The juvenile court also found that termination of the mother’s parental rights was in her child’s best interest. Because the record contains clear and convincing evidence to support the grounds for termination and the best interest determination, we affirm. |
Hamilton | Court of Appeals | |
Trumaine Winters v. State of Tennessee
A Shelby County jury convicted the Petitioner, Trumaine Winters, of first-degree murder and aggravated robbery, and the trial court sentenced him to life in prison for the murder conviction plus twelve years for the robbery conviction. The Petitioner appealed his convictions and sentence to this court, and we affirmed the convictions but remanded for resentencing. State v. Trumaine Winters, No. W2007-00529-CCA-R3-CD, 2008 WL 2901616 (Tenn. Crim. App., at Jackson, July 24, 2008), perm. app. denied (Tenn. Apr. 13, 2015). The Petitioner filed a timely petition for post-conviction relief, alleging that his trial counsel was ineffective for improperly |
Shelby | Court of Criminal Appeals | |
Arnold Stevens v. State of Tennessee
Petitioner, Arnold Stevens, appeals the denial of his petition for post-conviction relief. On appeal, Petitioner argues that his guilty plea was unknowing and involuntary due to the ineffective assistance of counsel. Upon review, we affirm the judgment of the post-conviction court. |
Wayne | Court of Criminal Appeals | |
In Re Estate of Gladys Yarboro Lloyd
In this probate proceeding, the trial court applied the no contest provision of the will to prevent the beneficiary from inheriting under the will, holding that certain actions and issues raised by the beneficiary triggered the provision. The court also imposed sanctions pursuant to Rule 11.03 of the Tennessee Rules of Civil Procedure against the disinherited beneficiary and her attorney for filing an improper lien on real property of the decedent and in refusing to remove the lien, thereby requiring the estate to seek judicial relief. The beneficiary and her attorney appeal the application of the no contest clause and the imposition of sanctions. Upon our review, we discern no error warranting reversal and accordingly, affirm the judgments of the trial court. |
Knox | Court of Appeals | |
WARREN BROTHERS SASH & DOOR COMPANY v. SANTORO CUSTOM BUILDERS, INC., ET AL.
Plaintiff filed a Tennessee Rule of Civil Procedure 69.04 motion to extend a 2008 default judgment entered against Defendant’s company and Defendant in his personal capacity. Defendant filed a Rule 60.02(3) motion to set aside the default judgment with respect to himself in his individual capacity, asserting the judgment was void for lack of service. The trial court determined 1) Defendant had been served in the underlying matter, 2) that the judgment in the underlying case was not void, and 3) alternatively, if the judgment was invalid, “exceptional circumstances” justified the court’s refusal to set it aside. We find that the 2008 default judgment was not void for lack of service and affirm. |
Williamson | Court of Appeals | |
In Re: A.W.
In this parental termination case, the petitioners sought termination of the parental rights of mother and the unknown father based upon four statutory grounds, pursuant to Tenn. Code Ann. § 36-1-113(g)(2018). Following a hearing on the petition, the trial court entered an amended order holding that there was clear and convincing evidence sufficient to terminate the parents’ rights for abandonment based upon their failure to support and failure to visit the minor child. By the same quantum of proof, the court found that termination is in the child’s best interest. The trial court, however, failed to address all of the grounds for termination raised in the petition. The trial court’s judgment was not final. Accordingly, this appeal is remanded for further proceedings consistent with this opinion. |
Rutherford | Court of Appeals | |
In Re: Draven K.
This is a termination of parental rights case. Mother/Appellant appeals the trial court’s termination of her parental rights to the minor child on the grounds of: (1) abandonment by willful failure to visit and abandonment by failure to provide a suitable home, Tenn. Code Ann. § 36-1-113(g)(1), §§ 36-1-102(1)(A)(i) (ii); (2) persistence of the conditions that led to the child’s removal, Tenn. Code Ann. § 36-1-113(g)(3); (3) failure to substantially comply with the reasonable requirements of the permanency plan, Tenn. Code Ann. § 36-1-113(g)(2); and (4) failure to manifest an ability and willingness to assume custody or financial responsibility for the child, Tenn. Code Ann. § 36-1- 113(g)(14). Mother also appeals the trial court’s determination that termination of her parental rights is in the child’s best interest. Because the record does not contain an adjudicatory order of dependency and neglect, we reverse the trial court’s termination of Mother’s parental rights on the ground of persistence of conditions. We affirm the trial court’s termination of Mother’s parental rights on all other grounds and on its finding that termination of Mother’s rights is in the child’s best interest. |
Knox | Court of Appeals | |
Martha L. Butler v. James L. Burrow, Et Al.
This appeal arises from an action for trespass, injunctive relief, and to quiet title pursuant to a theory of common law adverse possession. The multiple parties are adjoining neighbors and/or affiliated businesses. The centerpiece of this litigation concerns the ownership of a strip of railroad property that is 66 feet wide and comprises 2.9 acres. The railroad removed the track and abandoned the property in 1977, after which all that remained was a berm on which the former track lay. After the track was removed, one of the neighboring owners erected a fence along the center of the entire length of the railroad property. Since that time, the neighboring property owners considered the fence to be the new property line and used the 33 feet of the property on their side of the fence as their respective property. However, the neighboring property owners never paid taxes on the abandoned railroad property. In 2015, one of the three defendants acquired the abandoned property by quitclaim deed from the railroad and removed the fence and leveled the berm in order to install a road to serve a residential development planned for an adjacent 42-acre tract. Thereafter, the owners of two separate adjoining properties filed suit against the three affiliated defendants seeking an injunction and to recover damages caused by flood water that had been diverted onto the plaintiffs’ property due to the removal of the berm. The plaintiffs also asserted claims for trespass and to quiet title to the 33 feet of the former railroad property that adjoined their property. The defendants filed counterclaims alleging that the temporary injunction halted development of the road and caused them to suffer damages. Following a bench trial, the court ruled that the plaintiffs acquired half of the abandoned railroad property through adverse possession. The court also awarded damages against the defendants for removing the fence the plaintiffs used to contain their cattle and for flood damage that resulted from the removal of the berm. The court also ordered the defendants to replace the berm. The defendants appealed. We have determined that Tenn. Code Ann. § 28-2-110(a) bars the plaintiffs’ claim of adverse possession because it is undisputed that they did not pay taxes assessed on the railroad property for more than 20 years. Therefore, we reverse the trial court’s determination that the plaintiffs own half of the railroad property and hold that the defendant who acquired the property from the railroad by quitclaim deed in 2015 is the rightful owner of the entire 2.9-acre tract. We also reverse the award of damages to the plaintiffs for replacement of the fence and restoration of the entire berm; however, we affirm the trial court’s determination that the defendants are jointly and severally liable for diverting water onto the plaintiffs’ property by removing the railroad berm, and remand this claim for the trial court to award damages and/or determine the appropriate measures the defendants should take to remedy the flooding caused by the removal of the berm. Further, the defendants claim for damages resulting from the temporary injunction is remanded to the trial court for further proceedings consistent with this opinion. |
Sumner | Court of Appeals | |
State of Tennessee v. Deddrick Clay
Defendant, Deddrick Clay, was indicted by the Shelby County Grand Jury for especially aggravated robbery and for being a convicted felon in possession of a firearm. Following a jury trial, Defendant was convicted of especially aggravated robbery and found not guilty of the firearm possession charge. Following a sentencing hearing, Defendant was sentenced to serve 22 years incarcerated. Defendant’s sole issue on appeal is whether the evidence was sufficient to support his conviction. Having reviewed the entire record and the briefs of the parties, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
Joshua Iceman v. State of Tennessee
The petitioner, Joshua Iceman, 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 denial of the petition. |
White | Court of Criminal Appeals | |
Timothy A. Baxter v. State of Tennessee
In 2010, Timothy A. Baxter, Defendant, was charged with aggravated assault and was arraigned on May 9, 2011. Defendant was subsequently charged with failure to appear for his June 13, 2011 court date on the aggravated assault charge. A jury found Defendant guilty of failure to appear, and the trial court sentenced him to six years in the Tennessee Department of Correction. This court affirmed Defendant’s judgment of conviction on direct appeal in January 2014. Defendant filed a pro se “Motion to Correct Record and Amend Judgment” on March 21, 2018. The trial court dismissed this motion on April 17, 2018, and Defendant filed a pro se “Motion to Alter or Amend” under Tennessee Rule of Civil Procedure 59(e) on April 30, 2018. The trial court denied Defendant’s Motion to Alter or Amend on March 8, 2019, and Defendant timely appeals. Because Defendant has failed to provide an adequate record for review, and because this court does not have jurisdiction, the appeal is dismissed. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Septian Jamarquis Valentine
The Defendant, Septian Jamarquis Valentine, was charged with two counts of rape. See Tenn. Code Ann. § 39-13-503. Following a jury trial, the Defendant was found not guilty on count one and guilty on count two and sentenced to fourteen years incarceration. On appeal, the Defendant contends that error exists because (1) the trial court did not allow Lisa Garrett to testify about the Defendant’s negative chlamydia test performed one year after the incident; (2) the evidence was insufficient to convict the Defendant; and (3) a juror, who was “not truthful” during voir dire, “bullied” others into convicting the Defendant. Following our review, we affirm the judgment of the trial court. |
Lake | Court of Criminal Appeals | |
Mario Cruz Estrada v. State of Tennessee
The Petitioner, Mario Cruz Estrada, appeals the Lawrence County Circuit Court’s denial of his petition for post-conviction relief from his 2015 conviction for attempted second degree murder and his twelve-year sentence. The Petitioner contends that he received the ineffective assistance of trial counsel. Because the notice of appeal was untimely, we dismiss the appeal. |
Lawrence | Court of Criminal Appeals | |
Marchello Gossett v. State of Tennessee
A Tipton County jury convicted the Petitioner, Marchello Gossett, of one count of possession with intent to deliver .5 grams or more of cocaine and two counts of felony possession of a handgun. On appeal, this court affirmed the convictions. State v. Marchello Karlando Gossett, No. W2015-02414-CCA-R3-CD, 2017 WL 1163683, *1 (Tenn. Crim. App., at Jackson, March 28, 2017) perm. app. denied (Tenn. Aug. 18, 2017). The Petitioner filed a post-conviction petition, claiming that he received the ineffective assistance of trial counsel and prosecutorial misconduct. After a hearing, the post-conviction court denied relief. On appeal, the Petitioner maintains that he received the ineffective assistance of counsel at trial. After review, we affirm the post-conviction court’s judgment. |
Tipton | Court of Criminal Appeals | |
State of Tennessee v. Gailor Paige
The Defendant, Gailor Paige, entered a negotiated guilty plea to possession with intent to sell heroin and possession of a firearm by a convicted felon with a prior crime of violence. The trial court sentenced the Defendant to consecutive six-year sentences as a Range I offender for each count. The Defendant filed a “petition to suspend the remainder of sentence after 120 day[s],” based upon his completion of four “intense” programs while incarcerated. The trial court summarily denied the request based upon a condition in the negotiated plea agreement that required the Defendant to “waive[ ] his right to later request a petition for suspension of remainder of his sentence.” The Defendant appeals, asserting that the trial court erred by denying his request for suspension of the remainder of his sentence. After review, we affirm the trial court’s judgment. |
Shelby | Court of Criminal Appeals | |
Jafarris Miller v. State of Tennessee
Petitioner, Jafarris Miller, appeals from the dismissal of his petition for habeas corpus relief. On appeal and in his pro se petition, Petitioner argues that his convictions for intentionally evading arrest in a vehicle, a Class E felony, and theft of property less than $500.00 in value, a Class A misdemeanor, are void because the arrest warrant was invalid. After review of the record and the briefs, we affirm the judgment of the habeas corpus court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Grady Alton Vest
Defendant, Grady Alton Vest, was indicted by the Henderson County Grand Jury for four counts of rape of a child and four counts of incest. Defendant was convicted as charged following a jury trial. The trial court sentenced Defendant to 33 years for each rape of a child conviction and five years for each incest conviction, with two of his 33-year sentences to run consecutively, for a total effective sentence of 66 years’ incarceration. In this appeal as of right, Defendant contends that the evidence was insufficient to support his convictions, and his effective sentence is excessive. Following our review of the entire record, we affirm the judgments of the trial court. |
Henderson | Court of Criminal Appeals | |
Randy Jackson v. State of Tennessee
Petitioner, Randy Jackson, was convicted of aggravated robbery and attempt to commit aggravated robbery and received an effective twenty-two-year sentence. He appeals the denial of his petition for post-conviction relief in which he alleged ineffective assistance of counsel at trial. After a thorough review of the record, we conclude that Petitioner has failed to show that his trial counsel rendered ineffective assistance of counsel, and we accordingly affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Dustin Todd King
Dustin Todd King, Defendant, pled guilty to four counts of aggravated statutory rape and one count of violation of a no-contact order with the trial court to determine the length and manner of service of the sentences after a sentencing hearing. The trial court sentenced Defendant to an effective sentence of four years, eleven months and twenty-nine days, ordering partial consecutive sentencing. As a collateral consequence, the Defendant was placed on the sex offender registry. On appeal, Defendant challenges his sentence as excessive. After a review, we determine that the trial court sentenced Defendant to a sentence within the range for each conviction and followed the proper sentencing procedure. Accordingly, the judgments of the trial court are affirmed. |
Marshall | Court of Criminal Appeals | |
James F. Logan, Jr. Et Al. v. The Estate of Mildred Cannon Et Al.
Upon remand from this Court in a previous appeal, the trial court conducted a bench trial on a claim of common law adverse possession initiated by the plaintiff concerning a onequarter ownership interest in an unimproved 7.18-acre tract of real property located in Bradley County, Tennessee. In its final order, the trial court dismissed the plaintiff’s action in its entirety upon finding that although the plaintiff had presented evidence that preponderated in favor of adverse possession, the evidence did not rise to the level of the clear and convincing standard required to establish ownership through adverse possession. The plaintiff has appealed. Having determined that the plaintiff demonstrated adverse possession of the property interest at issue by clear and convincing evidence, we reverse. |
Bradley | Court of Appeals | |
Linda Bridges v. Lifford L. Lancaster, M.D., Et Al.
This is a health care liability action. The trial court determined that Plaintiff’s evidence did not establish that any act or omission of Defendant caused Plaintiff to suffer an injury that would not have otherwise occurred. The trial court awarded summary judgment to Defendant physician. We affirm. |
Davidson | Court of Appeals | |
State of Tennessee v. Johnny David Key
The Defendant, Johnny David Key, was convicted upon his guilty pleas of vehicular homicide, a Class B felony, and vehicular assault, a Class D felony. See T.C.A. §§ 39-13-213 (vehicular homicide) (2018), 39-13-106 (vehicular assault) (2018). The plea agreement called for Range I sentences of eight and four years, respectively, to be served concurrently, with the manner of service to be determined by the trial court. After a sentencing hearing, the court ordered that the Defendant serve his effective eight-year sentence in the Department of Correction. On appeal, the Defendant contends that the trial court erred in denying alternative sentencing. We affirm the judgments of the trial court. |
Fentress | Court of Criminal Appeals | |
Donita Dale Dowden v. Ronald J. Feibus
This appeal arose from post-divorce litigation concerning the trial court’s distribution of marital assets, specifically the distribution of the marital portion of the husband’s federal government pension to the wife. In its divorce decree entered on August 10, 2004, the trial court awarded to the wife “1/2 of [the husband’s] Administrative Law Judge Government Pension through the date of this Final Decree.” Upon the husband’s appeal, this Court affirmed the trial court’s judgment in all respects, including the trial court’s award to the wife of one-half of the marital portion of the husband’s pension. Dowden v. Feibus, No. E2004-02751-COA-R3-CV, 2006 WL 140404 (Tenn. Ct. App. Jan. 18, 2006) (“Dowden I”). The husband sought no further judicial review at that time. Following his retirement from federal employment on May 1, 2017, the husband received correspondence concerning the calculation of the wife’s portion of his pension from the federal government’s Office of Personnel Management (“OPM”). On August 2, 2018, the husband filed a “Motion for Clarification and/or Relief from Judgment” contending, inter alia, that OPM miscalculated the portion of his pension that would be diverted to the wife because the trial court’s final decree was “too vague” and did not “provide sufficient guidance to OPM to allow them to correctly compute” the wife’s interest in the pension. On December 6, 2018, the trial court entered an order finding that there was “no lack of clarity” in its final decree and denying the husband’s motion. The husband has appealed. Having determined that the trial court did not err in denying the husband’s motion, we affirm the judgment of the trial court and remand to the trial court for enforcement of the judgment. We decline to award attorney’s fees on appeal to the wife. |
Hamilton | Court of Appeals |