APPELLATE COURT OPINIONS

The Petitioner, Jessica R. Adkins, appeals the denial of her petition for post-conviction relief from her conviction and resulting life sentence for felony murder in the perpetration of aggravated child neglect. The Petitioner’s conviction was based on her failure to seek medical treatment for her two-month-old daughter, who sustained blunt force trauma while in the care of the child’s father, Russell Dean Long, who was tried with the Petitioner. In this appeal, the Petitioner argues that the post-conviction court erred in finding that she received effective assistance of trial counsel. The State argues that the post-conviction court lacked jurisdiction to consider the petition because it was filed outside the one-year statute of limitations and the Petitioner “made no efforts to show that she complied with the requirements of Tenn. R. Sup. Ct. 28 § 2(G) by delivering her pro se petition to the appropriate prison official within the time fixed for filing.” Because the post-conviction court treated the petition as timely from the outset of the hearing, thereby preempting any proof the Petitioner may have presented to show that she delivered her petition to the appropriate prison official for mailing within the time for filing of the petition, we remand to the post-conviction court for an evidentiary hearing on the timeliness of the petition.

An employee sought a reasonable accommodation from her employer when she began experiencing increased difficulties with her debilitating rheumatoid arthritis. The employer was unable to provide a reasonable accommodation and, after concluding that the employee’s disability rendered her physically unable to perform the essential functions of her job, the employer removed the employee from her position and placed her on paid sick leave. The employee then resigned and sued the employer for discriminatory discharge under the Tennessee Disability Act. The trial court granted summary judgment to the employer after determining that the employee was not qualified for the position and that the employee did not suffer an adverse employment action due to her voluntary resignation. Finding no error, we affirm.

This appeal involves the interpretation of a partnership agreement for the purpose of determining the respective ownership percentages of the partners. After our review of the partnership agreement, we affirm the ruling of the trial court.

The Defendant, Bradley Dwight Bowen, appeals from the Montgomery County Circuit Court’s revocation of his effective nine-year split confinement sentence for convictions for child neglect and possession of methamphetamine. He contends that the trial court abused its discretion in ordering him to serve his sentence. We affirm the judgment of the trial court.

The Defendant, Timothy Prink, appeals the trial court’s summary denial of his motion to correct an illegal sentence pursuant to Tennessee Rule of Criminal Procedure 36.1 in which he challenged his fifteen-year sentence resulting from his attempted first degree murder conviction and his four life sentences resulting from four first degree murder convictions. After review, we affirm the trial court’s judgment.

This appeal involves a denial of unemployment compensation benefits. Specifically, a former employee contends that there existed good cause as to why he resigned from his employment such that he should be entitled to unemployment compensation benefits. The Commissioner’s Designee found that no good cause existed as to why the employee terminated his employment and therefore determined that he was not entitled to benefits. The employee then filed a petition for judicial review. The trial court thereafter affirmed the Commissioner’s Designee’s decision. On appeal, we conclude that there is substantial and material evidence in the record to support the Commissioner’s Designee’s decision, and therefore, we affirm the decision of the trial court.

The Defendant, Vincent Williams, was convicted by a jury of attempted first-degree murder, employing a firearm during the commission of a dangerous felony, and aggravated assault, for which he received an effective forty-year sentence. On appeal, the Defendant argues that the trial court committed plain error when it prevented him from introducing evidence of the victim’s bias and that the evidence was insufficient to establish his identity as the perpetrator. Following our review, we affirm the judgments of the trial court.

The Defendant, Jim George Conaser, was convicted by a Davidson County Criminal Court jury of aggravated assault with a deadly weapon, a Class C felony, for which he is serving a twelve-year sentence as a Range III, persistent offender. See T.C.A. § 39-13- 102(a)(1)(A)(iii) (Supp. 2017) (subsequently amended). On appeal, he contends that the evidence is insufficient to support his conviction and that the trial court erred in admitting hearsay evidence. We affirm the judgment of the trial court.

The Petitioner, Dewey Abbott III, appeals from the Rutherford County Circuit Court’s denial of his petition for post-conviction relief from his second degree murder conviction and his agreed upon fifteen-year sentence. On appeal, the Petitioner contends that the
post-conviction court erred by denying relief on his ineffective assistance of counsel claims. We affirm the judgment of the
post-conviction court.

This appeal concerns an issue of whether a modular home violates a subdivision’s restrictive covenants. Katie Price (“Price”) wanted to place a modular home on her property in Fort Loudon Estates subdivision. Cathy McKeehan (“McKeehan”), a longtime resident of Fort Loudon Estates, sued Price in the Chancery Court for Loudon County (“the Trial Court”). McKeehan alleged that Price’s modular home violated a subdivision restriction against temporary structures. After a bench trial, the Trial Court found in favor of Price. McKeehan appeals. The evidence does not preponderate against the Trial Court’s finding that Price’s home is not a temporary structure. We hold, as did the Trial Court, that Price’s modular home is not prohibited by the subdivision’s restrictions. We affirm the judgment of the Trial Court.

Defendant, Jermaine Elvey Crawford, appeals from the revocation of his probationary sentences in Carroll County Circuit Court case 14-CR-115 and Henry County Circuit Court case 15793. By agreement between the parties, a combined hearing was held on the probation violation warrants in both cases. Defendant asserts that there was no substantial evidence that he violated his probation. Based on the record and the parties’ briefs, we affirm the judgments of the trial courts.

Jeremy Jones, Petitioner, was convicted of attempted first degree murder, aggravated assault, employing a firearm during the commission of a dangerous felony, and being a convicted felon in possession of a firearm. His convictions were affirmed on appeal. State v. Jeremy Jones, No. W2015-01528-CCQA-R3-CD, 2016 WL 7654954 (Tenn. Crim. App. Sept. 26, 2016), perm. app. denied (Tenn. Jan. 20, 2017). Petitioner sought post-conviction relief on various grounds, including ineffective assistance of counsel based on trial counsel’s lack of communication and trial strategy. After a hearing, the post-conviction court denied relief and dismissed the petition. We affirm the judgment of the post-conviction court.

The defendant, Timothy M. Dawson, appeals his Loudon County Criminal Court jury conviction of theft of property valued at $10,000 or more but less than $60,000, arguing that he is entitled to a new trial on grounds that he was incapacitated during the Momon colloquy. See Momon v. State, 18 S.W.3d 152 (Tenn. 1999). Discerning no error, we affirm.

Because appellant did not timely file a Tenn. Sup. Ct. R. 10B recusal appeal and the order appealed does not constitute a final appealable judgment, this Court lacks jurisdiction to consider this appeal.

This is a lawsuit that challenges the appropriateness of care received by a cancer patient. Plaintiff originally filed suit in January 2018 and asserted a number of claims, some of which were predicated on alleged conduct occurring as early as August 2014. In an amended complaint, Plaintiff expanded her allegations, taking issue with conduct occurring as late as September 2016. The trial court ultimately dismissed Plaintiff’s complaint in toto as it concerned the Defendants at issue in this appeal. Due to a lack of clarity regarding the court’s specific bases for dismissal with respect to each of the claims involved, we vacate the judgment and remand for further consideration and findings.

This appeal concerns the trial court’s interpretation of a divorce decree and an incorporated marital dissolution agreement as applied in a conservatorship once the husband died. The wife appeals the trial court’s use of parol evidence in reaching its decision. We reverse the judgment.

This is an appeal from a governmental tort liability case in which the trial court granted summary judgment in favor of the defendant governmental entity on the basis that it retained its immunity.  Plaintiffs now appeal, arguing that the trial court erred in granting summary judgment.  Specifically, plaintiffs contend that the trial court failed to consider their expert affidavit.  On appeal, we reverse the trial court’s entry of summary judgment and remand for further proceedings.

The defendant, Kemontea Dovon McKinney, appeals his Robertson County Circuit Court jury convictions of aggravated robbery, first degree premeditated murder, first degree felony murder, and theft, arguing that the trial court erred by admitting his pretrial statement into evidence, that the evidence was insufficient to support his convictions, and that the evidence established that he acted in self-defense.  Because the trial court erred by admitting the defendant’s statement into evidence and because the error was not harmless beyond a reasonable doubt, the defendant’s convictions are reversed and remanded for a new trial.  Because the evidence was insufficient to support a conviction of first degree premeditated murder but sufficient to support a conviction of second degree murder, that conviction must be modified to one of second degree murder.  The evidence was sufficient to support the jury verdicts of felony murder, aggravated robbery, and theft.  Accordingly, we remand the case to the trial court for a new trial on two counts of felony murder, one count of second degree murder, one count of aggravated robbery, and, one count of theft of property.

In this case involving the plaintiff corporation’s challenge to the business tax assessed against it by the defendant, Tennessee Commissioner of Revenue David Gerregano (“Commissioner”), the parties filed competing motions for summary judgment. Following a hearing, the trial court upheld the business tax assessed against the plaintiff at a retail tax rate, rather than the lower wholesale tax rate that the plaintiff argued was applicable, and which the plaintiff had paid. Granting summary judgment in favor of Commissioner, the trial court awarded to Commissioner a judgment for unpaid taxes in the amount of $141,004.70 plus interest from the date of the adjusted assessment. The plaintiff prematurely appealed the grant of summary judgment prior to the trial court’s entry of a post-judgment order awarding statutory attorney’s fees and expenses to Commissioner. Following entry of the post-judgment order, this appeal proceeded concerning the summary judgment order. Discerning no reversible error, we affirm.

The Notice of Appeal filed by the appellant, Philip James Burt, stated that appellant was appealing the judgment entered on September 13, 2021. As the order appealed from does not constitute a final appealable judgment, this Court lacks jurisdiction to consider this appeal.

Petitioner, Timothy Lee Armstrong, appeals from the Trousdale County Circuit Court’s dismissal of his fourth petition for writ of habeas corpus. Petitioner alleges the trial court lacked jurisdiction to convict and to sentence him because the indictment was not filed by the court clerk, that the judgments against him are void because they do not contain a filestamp date and that the trial court erred by dismissing his petition before he was allowed additional time to file a response to the State’s motion to dismiss. Following our review of the entire record and the briefs of the parties, we affirm the judgment of the trial court.

The defendant, Terry Lee McAnulty, appeals his Tipton County Circuit Court jury conviction of aggravated vehicular homicide, arguing that the evidence was insufficient to establish that his intoxication was the proximate cause of the accident that caused the death of the victim. Discerning no error, we affirm.

The defendant, Adam Dewayne Holmes, appeals his Knox County Criminal Court jury convictions of facilitation of possession with intent to sell heroin, facilitation of possession with intent to deliver heroin, possession with intent to sell less than .5 grams of cocaine in a drug-free zone, possession with intent to deliver less than .5 grams of cocaine in a drugfree zone, and simple possession, arguing that the evidence was insufficient to support his convictions and that the trial court erred by denying his motion to suppress the results of what he alleges to be an unlawful vehicle search. Discerning no error, we affirm.

The driver of a vehicle covered by a general automobile liability policy notified the insurance carrier of a potential uninsured motorist claim. The insurance carrier responded that the named insured had rejected in writing uninsured motorist coverage for vehicles in use in Tennessee. The driver claimed that the prior rejection was no longer effective because the named insured had submitted a new application during the renewal process. After a bench trial, the court ruled that the policy did not include uninsured motorist coverage. We conclude that the prior written rejection remained in effect when the policy was renewed. And because the named insured did not submit a new application in connection with the renewal transaction, we affirm.