William M. West Jr. v. Julie West
This appeal arises from detainer warrants sought by a decedent’s son seeking to remove a surviving spouse from a house. The trial court granted possession of the property to the son. We find it necessary to vacate the trial court’s ruling and to remand the matter for more in-depth findings of fact and conclusions of law. |
Knox | Court of Appeals | |
Eric Wooten v. State of Tennessee
The petitioner, Eric Wooten, appeals the dismissal of his petition for post-conviction relief arguing the post-conviction court erred in dismissing his petition as untimely. Upon review, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Rashari Jones
A Shelby County grand jury indicted the defendant, Rashari Jones, for attempted first degree murder, aggravated assault while acting in concert with two or more persons, and employing a firearm during the commission of a dangerous felony. Following a trial, a jury found the defendant guilty of attempted voluntary manslaughter, aggravated assault, and employing a firearm during the commission of a dangerous felony, and the trial court imposed an effective sentence of six years in confinement followed by four years of supervised probation. On appeal, the defendant contends the trial court erred in allowing the State to cross-examine the defendant regarding his whereabouts preceding the shooting, in finding the defendant was engaged in unlawful activity and omitting the “no duty to retreat” language from the self-defense instruction, and in failing to merge his convictions for attempted voluntary manslaughter and aggravated assault. We conclude that although the self-defense instruction was erroneous, the error was harmless. Therefore, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Antwon Young
A Shelby County jury convicted the defendant, Antwon Young, of aggravated robbery and especially aggravated kidnapping, for which he received an effective sentence of thirty years. On appeal, the defendant challenges the sufficiency of the evidence supporting his convictions and asserts the State made two improper statements during closing argument. 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. LaDarius Berry
A Shelby County grand jury indicted the defendant, LaDarius Berry, for attempted second degree murder (count 1), aggravated assault (count 2), employing a firearm during the commission of a dangerous felony (count 3), and reckless endangerment with a deadly weapon (count 4). After trial, a jury convicted the defendant as charged in counts 2, 3, and 4 and found him guilty of the |
Shelby | Court of Criminal Appeals | |
Eugene Spivey v. Shawn Phillips, Warden
The pro se petitioner, Eugene Spivey, appeals from the summary dismissal of his petition for writ of habeas corpus. Following our review, we affirm the ruling of the trial court. |
Lake | Court of Criminal Appeals | |
Ronald C. Young v. E.T. Stamey et al.
This appeal concerns whether a city councilman is disqualified from office because he also is employed by his city’s municipal school system. Ronald C. Young (“Young”) ran against E.T. Stamey (“Stamey”) for a seat on the Clinton City Council. Stamey, the incumbent, won. Afterward, Young filed suit in the Chancery Court for Anderson County (“the Trial Court”) against Stamey as well as the Anderson County Election Commission and its members (“the Commission”). Young alleged that, pursuant to Tenn. Code Ann. § 7-51-1501 and the Clinton City Charter, Stamey is disqualified from being a city councilman because he works for Clinton City Schools (“CCS”), albeit in a noninstructional capacity. The Commission filed a motion for judgment on the pleadings, and Stamey filed a motion for summary judgment. The Trial Court granted both motions. Young appeals. We hold, first, that Stamey is not a city employee. We hold further that even if Stamey is a city employee, as a noninstructional public school employee he is allowed to run for city council pursuant to Tenn. Code Ann. § 49-5-301. Finally, we hold that Young failed to state a claim against the Commission, which acted solely in its ministerial capacity in certifying the election results. We affirm. |
Anderson | Court of Appeals | |
Tennessee Department of Children's Services v. Kaviandra James
A preferred-service employee with the Department of Children’s Services was terminated for accessing a case file involving her sister and sending an email to the case manager assigned to her sister’s case and the case manager’s supervisor, with a copy to her sister. The employee ultimately appealed her termination to the Board of Appeals of the Department of Human Resources, which modified her termination to a suspension without pay and reinstated her with back pay. The Department appealed to chancery court, which affirmed the Board’s determination. Upon a thorough review of the record, we affirm the judgment of the trial court and remand the case to the Board of Appeals for further proceedings. |
Davidson | Court of Appeals | |
Ricky Lee Johnson v. Knoxville HMA Cardiology PPM, LLC
In this action involving injuries allegedly caused by the defendant medical providers’ failure to provide a safe examination table, the trial court determined that the plaintiff’s negligence claim was actually a health care liability claim and granted the defendants’ motion to dismiss the complaint with prejudice for failure to provide written pre-suit notice to the defendants within the one-year statute of limitations pursuant to Tennessee Code Annotated § 29-26-121(a) (Supp. 2019) of the Tennessee Health Care Liability Act (“THCLA”). The plaintiff has appealed, conceding that he failed to provide written presuit notice but asserting that his claim should not have been dismissed because it was not a health care liability claim. Having determined that the trial court properly found that the plaintiff’s claim was a health care liability action, we affirm the dismissal of this matter. However, having also determined that the proper sanction for the plaintiff’s failure to provide pre-suit notice under the THCLA was dismissal without prejudice, we modify the trial court’s dismissal of the claim to be without prejudice. |
Knox | Court of Appeals | |
Sherilyn Mary Dawson v. Dana Lee Dawson
In this divorce matter, the parties engaged in protracted litigation concerning the initial amount of the father’s child support obligation before the trial court set the amount of child support to be paid. Meanwhile, the father sought a modification of his child support obligation. The trial court determined that its order entered on January 27, 2014, was final as to the amount of the father’s initial child support obligation because the order left no remaining issues to be determined. The father has appealed. Discerning no reversible error, we affirm the trial court’s judgment. |
Knox | Court of Appeals | |
Harold D. Doss, Jr., And Johnathan Lamar Hathaway v. State of Tennessee
Harold D. Doss, Jr., and Johnathan Lamar Hathaway filed separate petitions for post-conviction relief. Because Petitioners were tried together, the post-conviction court conducted a single post-conviction hearing and denied relief as to both Petitioners. Discerning no error, we affirm. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Waynard Quartez Winbush
Defendant, Waynard Quartez Winbush, was convicted of various drug offenses and sentenced to an effective sentence of twenty-three years. On appeal, Defendant argues that: (1) he received ineffective assistance of counsel; (2) the trial court erred by failing to sever prejudicial offenses; (3) the trial court erred by failing to grant a new trial based on prosecutorial misconduct; (4) the trial court erred by failing to include lesser-included offenses in the jury instructions; (5) the trial court erred by failing to grant a new trial based on newly discovered evidence; (6) the trial court erred by failing to dismiss the case based on a violation of Defendant’s right to a speedy trial; (7) the trial court erred by failing to grant a new trial after failing to rule on Defendant’s pretrial motions; (8) the trial court erred by allowing the State to improperly introduce evidence; (9) the trial court erred by failing to grant a new trial based on witness perjury; (10) the evidence was insufficient to sustain the convictions; (11) the trial court erred by instructing the jury on the lesser-included offense of simple possession for conspiracy; and (12) the trial court erred by failing to grant a new trial based on cumulative errors. After conducting a full review of the record, we determine that Defendant is entitled to relief from his convictions for conspiracy in Counts 3 and 4 because the instructions given to the jury did not match the charges in the presentment, and we vacate Defendant’s convictions as to those counts. As to the remaining arguments, we find Defendant is not entitled to relief. Consequently, we reverse the judgments of the trial court in part and affirm the judgments in part. |
Knox | Court of Criminal Appeals | |
Willie James Bradley v. State of Tennessee
The Petitioner, Willie James Bradley, appeals from the Hamilton County Criminal Court’s summary denial of his petition for |
Hamilton | Court of Criminal Appeals | |
Reginald D. Tumlin v. State of Tennessee
A Hamilton County jury convicted the Petitioner, Reginald D. Tumlin, of two counts of child abuse, one count of criminally negligent homicide, and one count of aggravated child neglect. On appeal, this court affirmed the convictions. State v. Reginald D. Tumlin, No. E2013-01452-CCA-R3-CD, 2014 WL 7073752, at *1 (Tenn. Crim. App., at Knoxville, Dec. 15, 2014), perm. app. denied (Tenn. May 14, 2015). The Petitioner timely filed a petition for post-conviction relief, claiming that he received the ineffective assistance of counsel. After a hearing, the post-conviction court denied relief. The Petitioner maintains on appeal that his attorneys’ representation was deficient and he was prejudiced by the deficiencies. After review, we affirm the post-conviction court. |
Hamilton | Court of Criminal Appeals | |
Carlos Smith v. State of Tennessee
The Petitioner, Carlos Smith, filed a petition for post-conviction relief in the Shelby County Criminal Court, seeking relief from his convictions of two counts of attempted second degree murder, one count of aggravated robbery, one count of especially aggravated burglary, one count of employing a firearm during the commission of a dangerous felony, two counts of aggravated assault, and one count of being a felon in possession of a handgun and resulting effective sentence of one hundred twenty years. After an evidentiary hearing, the post-conviction court denied relief, and this court affirmed the denial except for one issue: whether trial counsel were ineffective for failing to advise the Petitioner that he was a career offender, which resulted in his rejecting a plea offer. Regarding that issue, this court remanded the case to the post-conviction court because that court failed to making any findings. Upon remand, the post-conviction court concluded that the Petitioner was not entitled to relief. On appeal, the Petitioner maintains that he received the ineffective assistance of counsel because his trial attorneys failed to inform him of his career offender status. Based upon the record and the parties’ briefs, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
Mateem Hudson v. State of Tennessee
The Petitioner, Mateem Hudson, appeals the Shelby County Criminal Court’s denial of his petition for post-conviction relief from his conviction of second degree murder and resulting sentence of twenty-three years in confinement. On appeal, the Petitioner contends that he received the ineffective assistance of trial counsel. Based upon the oral arguments, the record, and the parties’ briefs, we affirm the judgment of the postconviction court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Carl S. Dixon
Defendant, Carl S. Dixon, was indicted by the Washington County Grand Jury for aggravated assault. Following a jury trial, Defendant was convicted of reckless aggravated assault. Following a sentencing hearing, the trial court sentenced Defendant to serve two years, to be suspended on probation, and ordered Defendant to pay the victim $600 in restitution at the rate of $25 per month. Defendant’s sole issue on appeal is whether the trial court’s order of restitution was proper when Defendant’s only source of income was Social Security Supplemental Security Income. Having reviewed the record and the applicable authority, we affirm the judgment of the trial court. |
Washington | Court of Criminal Appeals | |
Anthony James Zonneville v. State of Tennessee
Petitioner, Anthony James Zonneville, appeals the denial of his petition for post-conviction relief. Following a jury trial, Petitioner was convicted of possession with intent to sell or deliver .5 grams or more of cocaine in a drug free zone and simple possession of alprazolam. Petitioner contends on appeal that the trial court erred in denying the petition for post-conviction relief because he was denied effective assistance of counsel. Following a review of the briefs and the record, we affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
George Oviasojie v. State of Tennessee
The petitioner, George Oviasojie, appeals the denial of his post-conviction petition, arguing the post-conviction court erred in finding he received effective assistance of counsel prior to and during his guilty plea hearing. Upon our review of the record, arguments of the parties, and pertinent authorities, we affirm the denial of the petition. |
Davidson | Court of Criminal Appeals | |
In Re H. S.
The Department of Children’s Services filed a petition to terminate the parental rights of E.R. (mother) and T.S. (father) with respect to H.S. (the child). The trial court found clear and convincing evidence to terminate mother and father’s parental rights on multiple grounds. By the same quantum of proof, the court determined that termination of mother and father’s parental rights is in the best interest of the child. Only mother appeals. We affirm. |
Williamson | Court of Appeals | |
In Re H.S. - Concurring In Part and Dissenting In Part
I fully concur in the majority opinion’s determination by clear and convincing evidence that the grounds of abandonment by failure to provide a suitable home and persistent conditions exist. I also agree that there is clear and convincing evidence supporting a finding that termination of Mother’s parental rights is in the best interest of the child. Therefore, I agree with the ultimate result reached by the majority. However, I do disagree with the treatment of the ground found in Tenn. Code Ann. § 36-1-113(g)(14). The majority opinion follows In re Amynn K., No. E2017-01866-COA-R3-PT, 2018 WL 3058280 (Tenn. Ct. App. June 20, 2018), which engages in a complicated use of statutory construction and grammar rules to essentially conclude that “and” actually means “or” in the language “ability and willingness.” I prefer the interpretation found in In re Ayden S., No. M2017-01185-COA-R3-PT, 2018 WL 2447044 (Tenn. Ct. App. May 31, 2018). I believe the General Assembly purposefully chose the word “and” in order to differentiate this ground from other grounds. Interpreting “and” as “or,” in my opinion, makes Tenn. Code Ann. § 36-1-113(g)(14) a weaker version of other grounds. I do not believe such an interpretation is consistent with the legislative intent. Therefore, I dissent from the majority opinion’s interpretation of Tenn. Code Ann. § 36-1-113(g)(14). |
Williamson | Court of Appeals | |
In Re Connor B.
In this termination of parental rights action, the mother has appealed the trial court’s grant of a default judgment to the petitioners following the mother’s filing of an answer that did not contain her signature in accordance with Tennessee Code Annotated § 36-1-117(o). Although we determine that the trial court properly granted a default judgment to the petitioners based upon the mother’s failure to file a proper answer within the time allowed, we vacate the trial court’s termination of the mother’s parental rights, determining that the appellate record is insufficient to afford appropriate review of the statutory grounds for termination and best interest analysis. |
Lincoln | Court of Appeals | |
Francine S. Labbe v. James Eric Karn II
The appeal arises from a divorce. Acting pro se, the former husband seeks review, of what we cannot be certain. Because his brief falls well short of the requirements of both the Tennessee Rules of Appellate Procedure and the rules of this Court, we dismiss the appeal. |
Hamilton | Court of Appeals | |
In Re Estate of Glenn Allen Atkins
In this estate proceeding, the original petitioner, an adult child of the decedent, filed a petition for letters of administration, averring that the decedent had died intestate. The trial court initially granted the petition, designating the petitioner as the personal representative of the decedent’s estate. The decedent’s surviving spouse subsequently filed a petition requesting the trial court’s acceptance into probate of a holographic will, purportedly executed by the decedent, which the surviving spouse presented to the court. The original petitioner and another adult child of the decedent then filed motions contesting the validity of the holographic will. Following a bench trial, the trial court found the holographic will to be valid, accepted the will into probate, and named the surviving spouse as the personal representative of the decedent’s estate. The adult children contesting the holographic will have appealed. Discerning no reversible error, we affirm. |
Union | Court of Appeals | |
State of Tennessee v. Quintavious Montez Patton and Donte R. Swanier
A Davidson County jury convicted Quintavious Montez Patton of first degree felony murder, voluntary manslaughter, attempted especially aggravated robbery, and attempted aggravated robbery. The jury convicted Donte Ricardo Swanier of first degree felony murder, attempted especially aggravated robbery, and attempted aggravated robbery. The trial court sentenced both Defendants to effective sentences of life in prison. On appeal, Defendant Patton: (1) challenges the trial court’s admission of video evidence; (2) claims his right to a speedy trial was violated; and (3) seeks relief based upon the cumulative effect of the trial court’s errors. Defendant Swanier appeals the trial court’s admission of: (1) rap music; (2) Facebook posts; and (3) prior bad acts. After review, we affirm the trial court’s judgments. |
Davidson | Court of Criminal Appeals |