Mary Beth Harcrow v. Clyde Harcrow
This is an accelerated interlocutory appeal pursued pursuant to Tennessee Supreme Court Rule 10B. Because Appellant admits that no order has been entered by the trial court with respect to her motion to recuse, we must dismiss this appeal for lack of subject matter jurisdiction. |
Sumner | Court of Appeals | |
Christopher L. Shaw v. State of Tennessee
The petitioner, Christopher L. Shaw, appeals the denial of his petition for writ of habeas corpus, which petition challenged his 2012 Davidson County Criminal Court jury convictions of possession of 26 grams or more of cocaine in a drug-free zone, possession of drug paraphernalia, and felony evading arrest. Discerning no error, we affirm the denial of relief. |
Trousdale | Court of Criminal Appeals | |
Kimberly J. Smith v. Gregory A. Smith Et Al.
Judgment creditor appeals the trial court’s decision to set aside a conditional judgment, to dismiss her claims of bad faith, civil contempt, and conversion against the garnishee, and to deny certain requests for discovery and sanctions. We affirm the trial court’s decision to set aside the conditional judgment, as well as the dismissal of the judgment creditor’s conversion claim. We reverse, however, the trial court’s dismissal of the judgment creditor’s claims of bad faith and civil contempt. We also vacate the trial court’s decisions with regard to sanctions and discovery, except to the extent that the trial court allowed withdrawal of certain requests for admission, which is affirmed. |
Bradley | Court of Appeals | |
Katherine D. Chaney v. Team Technologies, Inc.
The issue in this interlocutory appeal is whether an employer, who did not use an automated external defibrillator (AED) to assist an employee who suffered a non-work related medical emergency, can be liable for workers’ compensation benefits. An employee collapsed at work because of a medical condition unrelated to her employment. The employer knew of the employee’s need for immediate medical assistance. The employer had acquired an AED but did not use it to assist the employee while awaiting the arrival of emergency medical responders. Medical responders assisted the employee, but she suffered a brain injury because of oxygen deprivation. We hold that an injury that is caused by an employer’s failure to provide reasonable medical assistance arises out of and in the course of employment when an employee becomes helpless at work because of illness or other cause unrelated to her employment, the employee needs medical assistance to prevent further injury, the employer knows of the employee’s helplessness, and the employer can provide reasonable medical assistance but does not do so. Here, the employee’s claim did not arise out of her employment because her employer provided reasonable medical assistance and had no statutory or common law duty to use its AED to assist the employee. Therefore, the employer is not liable for workers’ compensation benefits. We reverse the trial court’s denial of the employer’s motion to dismiss and remand to the trial court for an order of dismissal. |
Hamblen | Supreme Court | |
Ronna Lyn Ueber v. Anthony James Ueber
This is an accelerated interlocutory appeal from the trial court’s denial of Appellant’s motion for recusal. Because the record contains insufficient evidence of bias requiring recusal under Tennessee Supreme Court Rule 10B, we affirm. |
Williamson | Court of Appeals | |
In Re J'Khari F.
This is a termination of parental rights case involving the parental rights of the mother, Alexis F. (“Mother”), to her minor child, J’Khari F. (“the Child”), who was five years old at the time of trial. On April 10, 2015, the Warren County Juvenile Court (“trial court”) entered an order removing the Child from Mother’s custody and placing the Child into the temporary legal custody of the Tennessee Department of Children’s Services (“DCS”), effective April 9, 2015. The Child was immediately placed in foster care, where he remained at the time of trial. The trial court subsequently entered an order on September 24, 2015, finding that the Child was dependent and neglected due to Mother’s insufficient housing, Mother’s insufficient means to support the Child, and the Child’s positive drug test result for methamphetamine. On April 18, 2017, DCS filed a petition to terminate the parental rights of Mother. Following a bench trial, the trial court terminated Mother’s parental rights to the Child upon determining by clear and convincing evidence that (1) Mother had abandoned the Child by willfully failing to support him, (2) Mother had abandoned the Child by willfully failing to visit him, (3) Mother had abandoned the Child by engaging in conduct prior to her incarceration that exhibited wanton disregard for the Child’s welfare, (4) Mother had not substantially complied with the reasonable requirements of the permanency plans, (5) the conditions leading to the Child’s removal from Mother’s custody persisted, and (6) Mother had failed to manifest an ability and willingness to personally assume custody of or financial responsibility for the Child. The trial court further found by clear and convincing evidence that termination of Mother’s parental rights was in the best interest of the Child. Mother has appealed. Upon a determination that the evidence presented at trial did not support a finding by clear and convincing evidence that Mother had abandoned the Child by willfully failing to support him during the four months prior to her incarceration, we reverse as to that statutory ground. We affirm the trial court’s judgment in all other respects. |
Warren | Court of Appeals | |
Richard Alan Ellis v. Donica Ann Woods Ellis
This is an appeal from a final decree of divorce. The trial court ordered Husband to pay Wife alimony in futuro in the amount of $9,000 per month. In addition, the trial court awarded Wife her attorney’s fees as alimony in solido in the amount of $121,873.81. We vacate the trial court’s award of alimony in futuro and, for the reasons stated herein, remand the issue of Wife’s alimony for reconsideration. Additionally, we vacate the trial court’s award of Wife’s attorney’s fees and remand for the trial court to reconsider whether or not to award Wife her attorney’s fees and, if so, to award a reasonable attorney’s fee and state the basis for its decision. We also vacate the trial court’s order denying Wife’s motion for discretionary costs, and remand the issue to the trial court for a reconsideration of Wife’s motion on its merits. |
Shelby | Court of Appeals | |
Steven L. McCullough v. Dan Rawls D/B/A Cleveland Performance Center
In this breach of contract action, the trial court entered a judgment against the individual defendant for the plaintiff’s damages and attorney’s fees. The defendant subsequently filed a motion to alter or amend the judgment, asserting that he could not be held personally liable for damages because the work he had performed for the plaintiff was conducted through his business, which was a limited liability company. The trial court denied the motion to alter or amend, determining that there were no facts presented at trial to support the defendant’s contention that he was operating his business as a limited liability company. The defendant timely appealed. Discerning no reversible error, we affirm. |
Bradley | Court of Appeals | |
State of Tennessee v. Henry Lee Jones
In this capital case, a Shelby County jury convicted the Defendant, Henry Lee Jones, of alternative counts of first degree premeditated murder and first degree felony murder of Clarence James and alternative counts of first degree premeditated murder and first degree felony murder of Lillian James. The jury sentenced the Defendant to death on all four counts. As for the two counts related to Mr. James, the jury found the evidence sufficient to support six aggravating circumstances. As for the two counts related to Mrs. James, the jury found the evidence sufficient to support five aggravating circumstances. The trial court merged each of the felony murder convictions into the corresponding premeditated murder convictions and imposed two sentences of death. On direct appeal, the Court of Criminal Appeals affirmed the Defendant’s convictions and sentences. On automatic review pursuant to Tennessee Code Annotated 39-13-206(a)(1), we now address the following issues: (1) Whether the Defendant was unconstitutionally denied the right to counsel; (2) whether the trial court abused its discretion in admitting into evidence the former testimony of Tevarus Young; (3) whether the evidence was sufficient to support his convictions; and (4) whether the trial court erred in denying the appointment of a mitigation expert. We also conduct our mandatory review of the Defendant’s death sentences. Upon our thorough review of the record and applicable law, we affirm the Defendant’s convictions and death sentences. As to the remaining issues raised by the Defendant, we agree with the Court of Criminal Appeals’ conclusions and attach as an appendix to this opinion the relevant portions of that court’s decision. |
Shelby | Supreme Court | |
State of Tennessee v. Henry Lee Jones - Concurring
I concur in the Court’s opinion except for the analysis regarding the proportionality review. In 1997, this Court narrowed the scope of the proportionality review required by Tennessee Code Annotated section 39 13 206(c)(1)(D) by limiting consideration to only those cases in which the death penalty had been sought. State v. Bland, 958 S.W.2d 651, 666 (Tenn. 1997). A majority of this Court reaffirmed this truncated approach in State v. Pruitt, 415 S.W.3d 180, 217 (Tenn. 2013). In Pruitt, I joined Justice William C. Koch, Jr. in dissenting from the Court’s decision to continue following the Bland approach, as it improperly narrowed the proportionality review required by Tennessee Code Annotated section 39 13 206(c)(1)(D). Pruitt, 415 S.W.3d at 230 (Koch and Lee, JJ., concurring and dissenting). We determined that the Court should return to its pre-Bland proportionality analysis by considering “all first degree murder cases in which life imprisonment or a sentence of death has been imposed” and focusing on whether the case under review more closely resembles cases that have resulted in the imposition of the death penalty than those that have not. Id. at 230–31 (Koch and Lee, JJ., concurring and dissenting). |
Shelby | Supreme Court | |
Home Builders Association Of Middle Tennessee v. Metropolitan Government Of Nashville And Davidson County
Plaintiff challenged a zoning ordinance on the grounds that it violated the Federal and State Constitutions, that it was preempted by a state law, and that it was ultra vires and thus void. The trial court dismissed this challenge on the grounds of ripeness, lack of standing, and because no private right of action was conferred by the statute that Plaintiff contended preempted the ordinance at issue. While the appeal was pending, the Tennessee Legislature enacted Public Chapter 685, which Defendant contended made the case moot and accordingly moved to dismiss the appeal. After a thorough consideration of the arguments, we grant the motion and dismiss the appeal as moot; we vacate the judgment of the trial court and dismiss the case. |
Davidson | Court of Appeals | |
State of Tennessee Ex Rel. Roger D. Moore v. Kimberly N. Wright Oden
This appeal involves the trial court’s entry of a 2005 child support order nunc pro tunc. After it became apparent that a certain decade-old child support order, which was the basis for several subsequent support orders, was missing from the record, the mother filed a motion requesting that the trial court enter the order nunc pro tunc. The trial court granted the motion, finding that the missing order was not included in the record by mistake of the court or clerk. Finding no error, we affirm. |
Davidson | Court of Appeals | |
State of Tennessee v. Kelvin Anthony Lee
The Appellant, Kelvin Anthony Lee, filed a pro se motion to correct an illegal sentence pursuant to Tennessee Rule of Criminal Procedure 36.1, and the Lauderdale County Circuit Court summarily denied the motion. On appeal, the Appellant contends that his sentence of life without parole violates Montgomery v. Louisiana, 136 S. Ct. 718 (2016); Moten v. State, 935 S.W.2d 416 (Tenn. Crim. App. 1996); and Tennessee Code Annotated section 39-13-204(j). Upon review of the record and the parties’ briefs, we affirm the trial court’s denial of the motion. |
Lauderdale | Court of Criminal Appeals | |
Sherry Smith Ex Rel Lauren Taylor Agee v. Hannah Nicole Palmer
The mother of a woman whose body was discovered in Center Hill Lake, where she had been camping with several friends, brought this wrongful death action against those friends, alleging that they caused her daughter’s death and conspired to cover it up. One of the defendants asserted her Fifth Amendment privilege against self-incrimination in her answer to the complaint and in response to discovery requests; in due course, the defendant moved for summary judgment. The mother filed several affidavits and declarations in response, as to which the defendant filed motions in limine and motions to strike in total or in part. The defendant also asserted her Fifth Amendment privilege as to additional statements of disputed facts filed by the mother in response to the summary judgment motion. The trial court granted or denied, in whole or in part, each motion in limine and to strike; held that the mother was not entitled to an adverse inference as to the defendant’s invocation of the privilege in response to discovery and mother’s statement of disputed facts in opposition to the summary judgment motion; and granted summary judgment to the defendant. Mother appeals. Upon a thorough review of the record, we reverse the grant of summary judgment, vacate the rulings on the motions in limine that are at issue in this appeal, vacate the holdings relative to defendant’s invocation of her Fifth Amendment privilege, and remand the case for further proceedings consistent with this opinion. |
DeKalb | Court of Appeals | |
Sherry Smith Ex Rel Lauren Taylor Agee v. Hannah Nicole Palmer - Concurring
I concur in the reversal of the grant of summary judgment. But, because the basis of the reversal is Hannah Nicole Palmer’s failure to “satisfy her initial burden to produce evidence showing there was not a genuine issue of fact for trial,” I conclude it is unnecessary to reach the merits of the rulings on the motions in limine. I would vacate those rulings without further comment as, in my view, they were premised on the mistaken assumption that Ms. Palmer had shifted the burden to Sherry Smith. |
DeKalb | Court of Appeals | |
Mohammad Hamad v. Real Time Staffing Services, LLC, Et Al.
In April 2011, Mohammad Hamad (“Employee”) was working at a Pillsbury factory through the defendant agency, Real Time Staffing Services (“Employer”), when he slipped on a wet floor and tore his left meniscus. After undergoing knee surgery, he returned to work at the factory. In September 2012, Employee once again was injured while lifting a heavy box. He sustained an injury to his left shoulder and an inguinal hernia. Employee has not returned to work since this second injury. Employee filed suit, arguing that he was totally and permanently disabled. The trial court found Employee only permanently partially disabled. Employee timely appealed, arguing that this Court should: (1) reverse and remand to the trial court to reconsider his contention that he is permanently and totally disabled under Tennessee Code Annotated section 50-6-207(4)(B); (2) increase his disability award under Tennessee Code Annotated section 50-6-242 (“the Escape Clause”); or (3) increase his disability award under Tennessee Code Annotated section 50-6-241. The appeal has been referred to the Special Workers’ Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law pursuant to Tennessee Supreme Court Rule 51. We affirm the judgment of the trial court. |
Rutherford | Workers Compensation Panel | |
In Re: Ethan M.
This action involves the termination of a mother’s parental rights to her minor child. Following a bench trial, the court found that clear and convincing evidence existed to support the statutory grounds of abandonment for failure to support and to visit. The court further found that termination was in the best interest of the child. We reverse the trial court on its finding that the mother abandoned the child by failing to visit. We affirm the trial court on all other rulings. |
Hamblen | Court of Appeals | |
Jimmy Heard v. Randy Lee, Warden
The Petitioner, Jimmy Heard, appeals the Johnson County Criminal Court’s denial of his petition for a writ of habeas corpus, contesting his transfer from Tennessee to Kentucky for trial. On appeal, he contends that the habeas corpus court was without jurisdiction to order his transfer because he was not served with an arrest warrant. On appeal, we conclude that the habeas corpus court properly denied the petition. |
Bledsoe | Court of Criminal Appeals | |
Martha Renner v. Takoma Regional Hospital, Et Al.
This is a health care liability action in which the defendants filed a motion to dismiss based upon the plaintiff’s failure to file a certificate of good faith with the complaint. The plaintiff then filed the required certificate. The defendants responded with motions for summary judgment with attached affidavits, attesting that a certificate of good faith was not attached to the original complaint. The plaintiff moved for voluntary dismissal. The court granted the plaintiff’s motion and filed an order of voluntary dismissal. The defendants appeal, claiming that Rule 41.01 of the Tennessee Rules of Civil Procedure1 prohibits the taking a voluntary nonsuit when a summary judgment motion is pending. We affirm. |
Greene | Court of Appeals | |
Sima Aryan v. Nicolas Aryan
In this post-divorce proceeding, the Mother appeals the trial court’s rulings on several motions; finding no reversible error, we affirm the judgment in all respects, except the award of child support, which is not final and is subject to further review by the trial court. |
Davidson | Court of Appeals | |
Vanessa Berlanga, Et Al. v. Tennessee Department of Safety and Homeland Security
Claimants to cash seized by the Rutherford County Sheriff’s Office moved to dismiss the related administrative forfeiture proceeding. They also requested an award of attorney’s fees. An administrative law judge granted the motion to dismiss but did not address the request for attorney’s fees. Claimants later filed a separate motion for attorney’s fees, which the ALJ denied. Claimants then filed a petition for judicial review. Claimants filed their petition within sixty days of the denial of the motion for attorney’s fees but over sixty days from the day the order granting the motion to dismiss became final. The chancery court reversed, awarding claimants part of the attorney’s fees requested. Because it lacked subject matter jurisdiction over the petition, we vacate the decision of the chancery court. |
Davidson | Court of Appeals | |
Royalton Woods Homeowner Association, Inc. v. Phillip Soholt, Et Al.
This appeal arises from a dispute between a residential homeowner association and the owners of a lot in the subdivision. The trial court granted partial summary judgment to the association upon the determination that the subject property was encumbered by the Declaration of Covenants, Conditions and Restrictions (“CCRs”), due in part to the fact that the CCRs were expressly referenced and incorporated into the Special Warranty Deed conveyed to the homeowners. The court also granted summary judgment upon the finding it was undisputed that the challenged improvements made to the property by the homeowners, the parking of commercial vehicles on the street in front of the house, and operating a business out of the home were in violation of the CCRs. Following a hearing on damages and injunctive relief, the trial court issued an injunction ordering the homeowners to remove the unauthorized improvements, stop parking commercial vehicles on the street in front of the home, and cease conducting their business out of the home, and awarded unpaid assessments and attorney’s fees to the association. On appeal, the homeowners argue that their lot is not encumbered by the restrictive covenants, the association did not have standing or authority to enforce the restrictions, and the homeowners did not violate the restrictions. Additionally, the homeowners take issue with the court’s failure to apply the doctrine of laches, its decision to summarily dismiss their slander of title claim against the homeowner association, and the award of attorney’s fees. We have determined there is a genuine dispute of fact concerning whether the homeowners were conducting their business out of the home in violation of the CCRs which precludes summary judgment; therefore, we reverse the grant of summary judgment on that claim. We affirm the trial court’s rulings in all other respects. |
Maury | Court of Appeals | |
Clyde Jason Stambaugh v. Metropolitan Government of Nashville & Davidson County, Et Al
The benefit board of a metropolitan government denied injured-on-duty benefits to a police officer with post-traumatic stress disorder. On a petition for writ of certiorari, the trial court upheld the benefit board’s decision. Finding material evidence to support the action of the benefit board, we affirm the decision of the trial court. |
Davidson | Court of Appeals | |
Christopher Batey v. Deliver This, Inc., Et Al.
In this workers’ compensation case, Christopher Batey (“Employee”) filed a Petition for Benefit Determination after he sustained a back injury while working for Deliver This, Inc. (“Employer”). The trial court determined that Employee was entitled to 275 weeks of permanent partial disability benefits pursuant to Tennessee Code Annotated section 50-6-242(a)(2). On appeal, the Workers’ Compensation Appeals Board affirmed the trial court’s judgment, holding that the trial court erred in “defining an employee’s burden of proof under Tennessee Code Annotated section 50-6-242(a)(2) and in defining the phrase ‘employee’s pre-injury occupation’ as used in subsection 242(a)(2)(B)” but concluding that the errors were harmless under the circumstances presented. Batey v. Deliver This, Inc., No. 2016-05-0666, 2018 WL 805490, at *7 (Tenn. Workers’ Comp. App. Bd. Feb. 6, 2018). Employer and its insurer, Auto-Owners Insurance Company, have appealed. Pursuant to Tennessee Supreme Court Rule 51, section 2, this Court directed that the appeal not be referred to the Special Workers’ Compensation Panel. Upon our review, we affirm the judgment of the Workers’ Compensation Appeals Board and adopt its opinion in its entirety as set forth in the attached Appendix. |
Supreme Court | ||
State of Tennessee v. Heather Montgomery
On August 26, 2016, the Defendant, Heather Montgomery, was convicted of two counts of sale of less than fifteen grams of heroin within 1,000 feet of a park and two counts of delivery of less than fifteen grams of heroin within 1,000 feet of a park. Counts 2 and 4 were merged into Counts 1 and 3, and the Defendant was sentenced as a Range I, standard offender to an effective 8-year term, to be served at 100% in the Department of Correction. The Defendant argues on appeal that the trial court abused its discretion is neither excluding the testimony of a confidential informant or granting a continuance and that the evidence is insufficient to sustain her convictions. After thorough review, we affirm the judgments of the trial court but remand for entry of corrected judgments. |
Knox | Court of Criminal Appeals |