In Re Greyson D. Et Al.
A mother appeals the termination of her parental rights on the grounds of severe abuse and failure to manifest a willingness and ability to assume custody and on the determination that termination is in the best interests of her children. Upon our review, we discern no error and affirm the termination. |
Roane | Court of Appeals | |
State of Tennessee v. Erick Eugene Jones, Jr.
The Defendant, Erick Eugene Jones, Jr., was convicted by a Greene County Criminal Court jury of two counts each of facilitation of felony murder in the perpetration of aggravated child abuse, facilitation of felony murder in the perpetration of aggravated child neglect, Class B felonies; aggravated child neglect, a Class A felony; one count of aggravated assault, a Class C felony; and one count of facilitation of aggravated assault, a Class D felony. See T.C.A. §§ 39-11-403 (2018) (facilitation of a felony); 39-13-102 (2014) (subsequently amended) (aggravated assault); 39-13-202 (2018) (felony murder); 39-15- 402 (2014) (subsequently amended) (aggravated child abuse and child neglect). He received an effective sentence of fifty years. On appeal, the Defendant contends that (1) the evidence does not support his convictions, (2) the trial court erred by allowing autopsy photographs of the victims into evidence, and (3) the trial court erred by sentencing the Defendant to serve his sentences consecutively. We affirm the Defendant’s convictions related to the victim T.T.1 for facilitation of felony murder in the perpetration of aggravated child abuse, facilitation of aggravated assault, and aggravated child neglect. We reverse the Defendant’s convictions related to K.E. for facilitation of felony murder during the perpetration of aggravated child abuse, facilitation of felony murder during the perpetration of aggravated child neglect, aggravated assault, and aggravated child neglect. We reverse the Defendant’s conviction related to the victim T.T. for facilitation of felony murder during the perpetration of aggravated child neglect. |
Greene | Court of Criminal Appeals | |
Alice Faye Powers v. Stephen Edwin Powers
This is an appeal from a contested divorce involving one minor child. The father appeals the trial court’s decision to name the mother as the primary residential parent and its decision to grant the father less than equal parenting time. For the reasons stated herein, we affirm the trial court’s decisions and remand. |
Humphreys | Court of Appeals | |
Ernest B. Williams IV, PLLC Et Al. v. The Association Of Unit Owners Of The Five Hundred And One Union Building Et Al.
This case concerns the termination of a condominium building. At the center of the dispute on appeal is a disagreement over whether the ordered distribution of the proceeds from the sale of the condominium real estate was proper. The Appellant, who was a unit owner in the condominium, takes specific issue with the trial court’s use of a certain appraisal as the basis for a distribution of sale proceeds. The trial court ruled against the Appellant on this issue, holding that the subject appraisal became final because it had not been timely disapproved by unit owners representing at least 25% of the votes in the unit owners’ association as provided in Tennessee Code Annotated section 66-27-318 of the Tennessee Condominium Act of 2008. In holding that the proposed allocation from the appraisal should be used, the trial court also ordered that the Appellant pay certain attorney’s fees and discretionary costs. A request for prejudgment interest against the Appellant, however, was ultimately denied. On appeal, we affirm the trial court’s judgment in all respects. |
Davidson | Court of Appeals | |
A.W. v. M.N.
This case involves a petition to modify a father’s parenting time. The mother filed the petition against the father, alleging that the father sexually abused their minor child during an unsupervised visitation. After a two-day hearing, the trial court denied the mother’s petition, finding that there was insufficient evidence to show that the father sexually abused the minor child. The mother appealed. We affirm the trial court’s decision and remand. |
Tipton | Court of Appeals | |
Anthony D. Herron, Jr. v. State of Tennessee
This case involves a breach of contract claim brought against the Tennessee Department of Human Services pursuant to Tennessee Code Annotated section 9-8-307(a)(1)(L). The defendant moved to dismiss for lack of subject matter jurisdiction, claiming the parties never entered into a written agreement. The Tennessee Claims Commission granted the motion and dismissed the complaint for lack of subject matter jurisdiction. We affirm the Commission’s decision and remand. |
Court of Appeals | ||
In Re Estate Of B. Ray Thompson, Jr.
This consolidated appeal arises from a dispute among various children and grandchildren of B. Ray Thompson, Jr. (“B. Ray Jr.”) and Juanne Jennings Thompson (“Juanne” or together, “Decedents”),1 over the estates of both B. Ray Jr. and Juanne. When three of the Decedents’ children obtained a court order sealing the records for both estates, a different faction of the family filed petitions to intervene in the estate actions and to unseal the records. The Chancery Court for Knox County (the “trial court”) denied the petitions for intervention and left several documents under seal. This appeal followed. We hold that the trial court abused its discretion. The judgment of the trial court is reversed, and the case remanded for further proceedings. |
Knox | Court of Appeals | |
In Re Estate of Juanne Jennings Thompson
This consolidated appeal arises from a dispute among various children and grandchildren of B. Ray Thompson, Jr. (“B. Ray Jr.”) and Juanne Jennings Thompson (“Juanne” or together, “Decedents”),1 over the estates of both B. Ray Jr. and Juanne. When three of the Decedents’ children obtained a court order sealing the records for both estates, a different faction of the family filed petitions to intervene in the estate actions and to unseal the records. The Chancery Court for Knox County (the “trial court”) denied the petitions for intervention and left several documents under seal. This appeal followed. We hold that the trial court abused its discretion. The judgment of the trial court is reversed, and the case remanded for further proceedings. |
Knox | Court of Appeals | |
State of Tennessee v. Quantavious Williams
A Knox County Criminal Court jury convicted the defendant, Quantavious Williams, of first degree murder, attempted especially aggravated robbery, carjacking, employing a firearm during the commission of a dangerous felony, aggravated robbery, and aggravated kidnapping. In this appeal, the defendant challenges those convictions on grounds that the trial court erred by excluding expert testimony regarding the defendant’s mental state at the time of the alleged offenses and that the evidence was insufficient to establish his guilt. Discerning no error, we affirm. |
Knox | Court of Criminal Appeals | |
Brenda Naldrett Johnson v. Gary Lee Johnson
This case involves an intra-family dispute over a parcel of real property. Because of the profound deficiencies with Appellant’s brief, we decline to reach the merits of this appeal and instead find that Appellant has waived his argument. Thus, we affirm the judgment of the trial court and award Appellee damages, including attorney’s fees incurred on appeal, pursuant to Tennessee Code Annotated section 27-1-122. |
Johnson | Court of Appeals | |
Larry Michael Berkley v. State of Tennessee
The petitioner, Larry Michael Berkley, appeals the denial of his petition for post-conviction relief, which petition challenged his multiple convictions of rape, aggravated statutory rape, sexual battery by an authority figure, and statutory rape by an authority figure, alleging that he was deprived of the effective assistance of counsel. Discerning no error, we affirm the post-conviction court’s denial of post-conviction relief. |
Lauderdale | Court of Criminal Appeals | |
In Re Estate of Hattie Faye Baker
The petitioner claims an interest in the estate of the second wife of her uncle, who was originally married to the petitioner’s aunt. Because the property at issue was held by the petitioner’s aunt and uncle as a tenancy by the entireties, the uncle owned the property in fee simple upon the aunt’s death. We conclude that the petitioner’s claim is without merit, and we affirm the decision of the trial court. |
McNairy | Court of Appeals | |
Larry Thomas Cochran v. State of Tennessee
The Petitioner, Larry Thomas Cochran, appeals from the Sevier County Circuit Court’s denial of his petition for post-conviction relief from his 2010 convictions for attempted first degree murder, aggravated assault, two counts of attempted aggravated robbery, resisting arrest, and criminal impersonation, for which he is serving an eighteen-year sentence. On appeal, the Petitioner contends that the post-conviction court erred by finding that his petition for relief was untimely and by denying relief on his allegations of ineffective assistance of counsel and due process violations. Although we conclude that the post-conviction court erred by determining that the petition for relief was untimely, we affirm the judgment of the post-conviction court. |
Sevier | Court of Criminal Appeals | |
Beverly Gardner v. Saint Thomas Midtown Hospital
A patient filed a health care liability claim against a hospital, asserting the hospital was vicariously liable for injuries she suffered as a result of the anesthesia providers’ conduct. The hospital moved for summary judgment, arguing that the anesthesia providers were not employed by the hospital and the hospital was, therefore, not liable for the anesthetists’ actions as a matter of law because the statute of limitations had run on the plaintiff’s direct claims against the anesthesia providers by the time the plaintiff filed her complaint against the hospital. The trial court granted the hospital’s motion and dismissed the plaintiff’s complaint, relying on the common law set forth in Abshure v. Methodist Healthcare-Memphis Hospitals, 325 S.W.3d 98 (Tenn. 2010). Acknowledging the conflict between provisions of the Tennessee Health Care Liability Act and the common law, we hold that the statute prevails. Accordingly, we reverse the trial court’s judgment and remand the case for further proceedings. |
Davidson | Court of Appeals | |
In Re Estate of Dorothy Jean McMillan
On behalf of the estate of his mother, one son, as substitute personal representative, filed suit against his brother, the previous personal representative, seeking return of funds alleged to be missing from the decedent’s accounts. Upon summary judgment, the trial court found in favor of the defendant, the initial administrator of the estate. We reverse and remand for trial. |
Knox | Court of Appeals | |
Dennis Harold Ultsch v. HTI Memorial Hospital Corporation
This appeal concerns the interplay between the Tennessee Health Care Liability Act (“HCLA”) and the common law on vicarious liability with respect to pre-suit notice in a health care liability claim against the principal only. We have determined that the provisions of the HCLA take precedence over the common law and that the plaintiff’s claims in this case were timely filed. Therefore, we reverse the decision of the trial court. |
Davidson | Court of Appeals | |
John L. Smith, Jr. v. Giovanni Gonzalez, et al.
This appeal involves a challenge to the trial court’s dismissal of Plaintiff’s complaint. Specifically, Plaintiff contends that the trial court erred in finding that his complaint was deficient per the signature requirements in Rule 11.01(a) of the Tennessee Rules of Civil Procedure. For the reasons stated herein, we reverse the trial court’s dismissal of Plaintiff’s complaint and conclude it is in compliance with the requirements of Rule 11.01. |
Shelby | Court of Appeals | |
Cumberland Advisory Group, LLC v. Martha Arnita Lee Et Al.
This appeal arises from a boundary dispute in a residential neighborhood in Nashville. After a bench trial, the court determined the boundary between the plaintiff’s and the defendants’ properties was depicted on a survey prepared by the plaintiff’s surveyor. The dispositive issue on appeal is whether the trial court erred in determining the location of the boundary. Having concluded that the evidence preponderates in favor of the trial court’s decision, we affirm. Additionally, we have determined that the plaintiff is entitled to recover the reasonable and necessary expenses and attorney’s fees incurred as the result of a frivolous appeal in accordance with Tenn. Code Ann. § 27-1-122. Therefore, we remand for the trial court to make the appropriate award. |
Davidson | Court of Appeals | |
Juan LaSean Perry v. State of Tennessee
The Petitioner, Juan LaSean Perry, appeals the dismissal of his petition for writ of habeas corpus. He asserts on appeal, as he did in his petition, that the trial court lacked jurisdiction to enter a judgment for second degree murder. He also asserts for the first time that the trial court erred in applying certain enhancement factors during sentencing. Following careful review, we affirm the denial of the habeas corpus petition. |
Trousdale | Court of Criminal Appeals | |
State of Tennesse v. Jamie P. Dennis
The Defendant, Jamie Paul Dennis, was convicted by a Stewart County Circuit Court jury of attempted rape of a child, a Class B felony, and attempted incest, a Class D felony. He was sentenced to respective terms of twenty-eight years and twelve years, to be served consecutively in the Department of Correction. On appeal, the Defendant argues that the evidence is insufficient to sustain his convictions and that the trial court erred in failing to provide a modified unanimity jury instruction where the State did not make an election of offenses. After review, we affirm the judgments of the trial court. |
Stewart | Court of Criminal Appeals | |
Buddy Ray Small v. State of Tennessee
Buddy Ray Small, Petitioner, was indicted for first degree murder, abuse of a corpse, and arson. He pled guilty to a reduced charge of second degree murder in addition to the other charges as listed in the indictment in exchange for an effective sentence of thirty-five years at 100%. Petitioner filed a petition for post-conviction relief, in which he alleged that his guilty plea was unknowing and involuntary and that he received the ineffective assistance of counsel. After a hearing, the post-conviction court denied relief. In this appeal, Petitioner challenges the denial of post-conviction relief. After a review, we affirm the judgment of the post-conviction court. However, because there are clerical errors in the judgment forms, we remand to the post-conviction court for correction of the judgment forms. |
Henderson | Court of Criminal Appeals | |
Lesley Murrell, et al. v. Board of Administration City of Memphis Pension and Retirement System, et al.
Police officers filed a petition for writ of certiorari seeking judicial review of a municipal board’s decision to approve a monthly amount of pension benefits for each officer. The petitioners alleged that the municipal board erred in calculating their benefits and in failing to provide them with a hearing in compliance with the contested case procedures in the Uniform Administrative Procedures Act. Upon the city’s motion, the trial court dismissed the petition as improperly filed and remanded the matter to the municipal board for a written determination after a hearing. Because the trial court erred in dismissing the petition, we vacate that portion of the judgment. In all other respects, we affirm. |
Shelby | Court of Appeals | |
In Re Adaleigh M. Et Al.
A mother and father appeal the termination of their parental rights to their two children. The juvenile court concluded that there was clear and convincing evidence of multiple statutory grounds for termination. The court also concluded that there was clear and convincing evidence that termination of their parent's parental rights was in each child's best interest. |
Grainger | Court of Appeals | |
State of Tennesse v. Ronnie Lucas Wilson
The Defendant, Ronnie Lucas Wilson, was convicted by a Knox County Criminal Court jury of four counts of being a felon in possession of a firearm; attempted first degree murder; two counts of employing a firearm with the intent to go armed during the commission of a dangerous felony; driving while the privilege to do so was canceled, suspended, or revoked; evading arrest in a motor vehicle and creating a risk of death or injury; two counts of initiating or making a false report to a law enforcement officer; and employing a firearm by a convicted felon during the commission of a dangerous felony. See T.C.A. §§ 39-17-1307(b)(1) (Supp. 2017) (subsequently amended) (firearm possession by a convicted felon), 39-13-202 (2018) (subsequently amended) (first degree murder), 39- 12-101 (2018) (criminal attempt), 39-17-1324(b) (2018) (subsequently amended) (employing a firearm during the commission of a dangerous felony), 55-50-504(a)(1) (2017) driving while privilege canceled, suspended, or revoked), 39-16-603(b)(1), (b)(3)(B) (2018) (evading arrest); 39-16-502 (2018) (a)(1), (a)(2) (false report). The jury found that the Defendant was a member of a criminal gang, and the trial court enhanced his sentences for being a felon in possession of a firearm and attempted first degree murder, which qualified as Criminal Gang Offenses pursuant to Tennessee Code Annotated section 40-35-121. The court merged the convictions for being a felon in possession of a firearm into a single count, merged the convictions for employing a firearm into a single count, and merged the convictions for initiating or making a false report into a single count. The court imposed an effective fifty-eight-year sentence. On appeal, the Defendant contends that (1) the evidence is insufficient to support his conviction for attempted first degree murder and the criminal gang enhanced verdicts, (2) the gang enhancement counts violate the Defendant’s constitutional rights to due process and expressive association, (3) the court erred in denying his motion to continue after severing the codefendant’s case on the morning of the trial, and (4) he is entitled to a new trial on the basis of cumulative trial error. We affirm the Defendant’s convictions, but we vacate the jury’s findings regarding the Criminal Gang Offenses Statute, and we modify the Defendant’s sentences for being a felon in possession of a firearm and remand for entry of corrected judgments for attempted first degree murder and being a felon in possession of a firearm. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Donald L. Elliott
A Weakley County jury convicted the defendant, Donald L. Elliott, of resisting arrest for which he received a sentence of six months with all but seven days suspended to supervised probation. On appeal, the defendant challenges the sufficiency of the evidence supporting his conviction. After a thorough review of the record, we affirm the jury’s verdict. |
Weakley | Court of Criminal Appeals |