APPELLATE COURT OPINIONS

State of Tennessee v. Joshua Todd Crittenden

E2012-00081-CCA-R3-CD

The Defendant, Joshua Todd Crittenden, was convicted by a Blount County Circuit Court jury of two counts of robbery, Class C felonies. See T.C.A. § 39-13-401 (2010). He was sentenced as a Range II, multiple offender to consecutive ten-year terms of confinement for an effective twenty-year sentence. On appeal, he contends that the trial court erred by ordering consecutive sentencing. We affirm the judgments of the trial court.

Authoring Judge: Judge Joseph M. Tipton
Originating Judge:Judge David Duggan
Blount County Court of Criminal Appeals 04/10/13
Eric Grier v. Alstom Power, Inc.

E2012-01394-WC-R3-WC

This appeal arises from a dispute over post-settlement medical care. The employee alleged that he developed asthma as a result of exposure to welding fumes in the workplace. The employee and employer settled the workers’ compensation claim. The trial court’s order approving the parties’ settlement provided that the employer would pay employee permanent partial disability benefits and provide future medical care “for the work related injury described” in the order. The trial court also designated Dr. Robert Younger III as the treating physician. Following the settlement, a dispute arose between the parties regarding payment for Dr. Younger’s treatment. The employer refused to pay for continuing treatment for the employee’s asthma because he was no longer exposed to welding fumes. The employee sought to require the employer to pay for the medical treatment Dr. Younger provided. After reviewing the medical proof submitted by the parties, the trial court ordered the employer to pay for Dr. Younger’s recommended treatment. The employer has appealed. 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 in accordance with Tennessee Supreme Court Rule 51. We affirm the judgment of the trial court.

Authoring Judge: Justice Sharon G. Lee
Originating Judge:Chancellor W. Frank Brown, III
Hamilton County Workers Compensation Panel 04/10/13
Michael Young v. State of Tennessee

W2012-01127-CCA-R3-PC

Petitioner, Michael Young, pleaded guilty to two counts of attempted first degree murder and one count of aggravated robbery in exchange for an effective forty-year sentence. Subsequently, petitioner filed a petition for post-conviction relief. After an evidentiary hearing, the post-conviction court denied relief. On appeal, petitioner argues that trial counsel provided ineffective assistance by failing to file a motion to suppress petitioner’s statement to police based on his being a juvenile and by failing to ensure that petitioner understood the sentence alignment included in the plea agreement. He also contends that his guilty plea was rendered involuntary because of trial counsel’s ineffective assistance. Discerning no error, we affirm the judgment of the post-conviction court.

Authoring Judge: Judge Roger A. Page
Originating Judge:Judge W. Mark Ward
Shelby County Court of Criminal Appeals 04/10/13
State of Tennessee v. Quinzell Grasty

E2012-00141-CCA-R3-CD

A Hamilton County jury convicted appellant, Quinzell Grasty, of felony murder, second degree murder, attempted especially aggravated robbery, and aggravated burglary. The trial court merged the second degree murder conviction into the felony murder conviction and sentenced appellant to serve a life sentence for felony murder. The trial court also sentenced appellant to serve eight years for attempted especially aggravated robbery and three years for aggravated burglary, to be served concurrently in the Tennessee Department of Correction. On appeal, appellant argues that the trial court erred by denying his motion to suppress his statements to police, by admitting photographs of the victim and a recording of the 9-1-1 call, by failing to redact references to appellant’s gang affiliation from his statement, and by admitting demonstrative evidence in the form of a shotgun purported to be similar to the weapon used in the murder. Discerning no error, we affirm the judgments of the trial court.

Authoring Judge: Judge Roger A. Page
Originating Judge:Judge Don W. Poole
Hamilton County Court of Criminal Appeals 04/10/13
Pamela Ingram v. Heads Up Hair Cutting Center

M2012-00464-WC-R3-WC

This workers’ compensation 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 in accordance with Tennessee Supreme Court Rule 51. The employee alleged she sustained a gradual injury to her cervical spine as a result of her job. Her employer denied her condition was work-related and contended that her claim was barred by her failure to provide timely notice of her claim and the operation of the statute of limitations. The employer also argued subsequent employers were liable per the last injurious injury rule. The trial court found for the employee and awarded benefits. On the employer’s motion to alter or amend, the trial court held that the employee’s award was capped at one and one-half times the anatomical impairment rate pursuant to Tennessee Code Annotated section 50-6-241(d)(1). The employer appeals, contending the evidence preponderates against the trial court’s findings concerning compensability and the statute of limitations. The employee asserts the trial court erred by capping her disability award. We affirm the judgment of the trial court.
 

Authoring Judge: Justice Sharon G. Lee
Originating Judge:Chancellor Claudia C. Bonnyman
Davidson County Workers Compensation Panel 04/10/13
Stanley Franklin v. Vought Aircraft Industries, Inc. et al.

M2012-00864-WC-R3-WC

After the employee sustained a compensable injury to his low back which required surgery, he returned to work. The company for which he worked was sold to another entity after the date of injury but before the employee’s return to work. At trial, both parties agreed that the one and one-half times multiplier cap did not apply because the sale of the company was a “loss of employment” for the purposes of Tennessee Code Annotated section 50-6241(d). At trial, the employee was awarded 78% permanent partial disability, the maximum permitted under law, based on an anatomical rating of 13%. The employer has appealed and is contending that the award is excessive. 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 in accordance with Tennessee Supreme Court Rule 51. We affirm the judgment.
 

Authoring Judge: Special Judge Donald P. Harris
Originating Judge:Chancellor Charles K. Smith
Smith County Workers Compensation Panel 04/10/13
Carl Bohannan v. Expedited Transport Associates, Inc. et al.

M2012-00694-WC-R3-WC

In this workers’ compensation appeal, the employee, a truck driver, alleged that he injured his right shoulder and low back when his tractor-trailer overturned. His employer stipulated that the shoulder injury was compensable, but denied that he had sustained a permanent back injury. Instead, the employer contended that the employee’s back symptoms were the result of a previous back injury, which had been the subject of a previous workers’ compensation claim and settlement. The trial court determined that the employee had suffered a new, compensable back injury and was permanently and totally disabled. The trial court apportioned 80% of the liability for the award to the employer and 20% to the Second Injury Fund. Employer has appealed, contending that the trial court erred by finding that a new, compensable back injury occurred. In the alternative, it argues that the trial court incorrectly apportioned the award. 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 in accordance with Tennessee Supreme Court Rule 51. We affirm the judgment of the trial court.
 

Authoring Judge: Special Judge Donald P. Harris
Originating Judge:Judge Amy V.Hollars
Putnam County Workers Compensation Panel 04/10/13
Kenner D. Ensey v. Karla Davis, Commissioner of the Tennessee Department of Labor and Workforce Development et al

M2011-02761-COA-R3-CV

Appellant appeals the trial court’s decision upholding the decision of the designee of the Commissioner of the Tennessee Department of Labor and Workforce Development, which denied appellant unemployment benefits. We reverse, finding that, while appellant did quit his job voluntarily, he had good cause for doing so.
 

Authoring Judge: Judge Andy D. Bennett
Originating Judge:Judge Vanessa Jackson
Coffee County Court of Appeals 04/10/13
John Wesley Green, et al. v. Champs-Elysees, Inc., et al.

M2012-01352-COA-R3-CV

In this case, Plaintiff filed a petition for criminal contempt against Counsel, alleging that Counsel allowed Defendant to portray herself as unrepresented when Counsel assisted her with her testimony and pleadings. The court dismissed the petition, finding that it did not have subject matter jurisdiction to consider the motion when Plaintiff had alleged an ethical violation that did not rise to the level of criminal contempt. The court also denied a subsequent motion to alter or amend its judgment and a motion for recusal. Plaintiff appeals. We affirm the decision of the trial court.
 

Authoring Judge: Judge John W. McClarty
Originating Judge:Chancellor Russell T. Perkins
Davidson County Court of Appeals 04/09/13
State of Tennessee ex rel., Mary Saucier v. Matthew Parker

M2012-00282-COA-R3-CV

State of Tennessee filed petition under the Uniform Interstate Family Support Act to enforce a child support order entered in a California divorce proceeding against the father of the children. The trial court dismissed the petition for lack of jurisdiction. We reverse the decision of the trial court and remand the case for further proceedings.
 

Authoring Judge: Judge Richard H. Dinkins
Originating Judge:Chancellor Larry J. Wallace
Dickson County Court of Appeals 04/09/13
Jeffery Gaylon Douglas v. State of Tennessee

W2012-00012-CCA-R3-PC

The Petitioner, Jeffery Gaylon Douglas, filed a petition for post-conviction relief attacking his convictions for rape and sexual battery on the basis of ineffective assistance of trial counsel. The post-conviction court denied relief following an evidentiary hearing, finding that the Petitioner had failed to prove his allegations by clear and convincing evidence. In this appeal as of right, the Petitioner contends that trial counsel was ineffective by improperly advising him to testify at his trial. After our review, we affirm the judgment of the post-conviction court.

Authoring Judge: Judge D. Kelly Thomas
Originating Judge:Judge Donald H. Allen
Madison County Court of Criminal Appeals 04/09/13
William H. Thomas, Jr. v. Tennessee Department of Transportation

M2012-00673-COA-R3-CV

An applicant for billboard permits sought judicial review of the decision of the Tennessee Department of Transportation to deny the applications. We have concluded, as did the trial court, that the grandfathering provisions of Tenn. Code Ann. § 13-7-208 did not apply in this case. Finding no error, we affirm the trial court’s decision upholding the Department’s denial of the billboard permit applications.
 

Authoring Judge: Judge Andy D. Bennett
Originating Judge:Chancellor Russell T. Perkins
Davidson County Court of Appeals 04/09/13
William H. Thomas, Jr. v. Tennessee Department of Transportation

M2012-00672-COA-R3-CV

An applicant for billboard permits sought judicial review of the decision of the Tennessee Department of Transportation to deny the applications. Finding no error, we affirm the trial court’s decision upholding the Department’s denial.
 

Authoring Judge: Judge Andy D. Bennett
Originating Judge:Chancellor Russell T. Perkins
Davidson County Court of Appeals 04/09/13
Stacey Mitchell and Bryan Mitchell, For themselves, and as next friend to Lauren Mitchell, a minor, v. The Jackson Clinic, P.A., et al.

W2012-00983-COA-R3-CV

This is a medical malpractice case. The trial court granted summary judgment to Appellees, the doctors and clinic, on the basis that the Appellants’ only expert witness was not competent to testify pursuant to the Tennessee Medical Malpractice Act, Tennessee Code Annotated Section 29–26–115. Appellants appeal, arguing that the trial court erred in excluding their expert. Under the Tennessee Supreme Court’s holding in Shipley v. Williams, 350 S.W.3d 527 (Tenn. 2011), we affirm the trial court’s exclusion of the expert’s testimony and its grant of summary judgment. Affirmed and remanded.

Authoring Judge: J. Steven Stafford
Originating Judge:Judge Roy B. Morgan, Jr.
Madison County Court of Appeals 04/09/13
Stacey Mitchell and Bryan Mitchell, For themselves, and as next friend to Lauren Mitchell, a minor, v. The Jackson Clinic, P.A., et al.

W2012-00983-COA-R3-CV

This is a medical malpractice case. The trial court granted summary judgment to Appellees, the doctors and clinic, on the basis that the Appellants’ only expert witness was not competent to testify pursuant to the Tennessee Medical Malpractice Act, Tennessee Code Annotated Section 29–26–115. Appellants appeal, arguing that the trial court erred in excluding their expert. Under the Tennessee Supreme Court’s holding in Shipley v. Williams, 350 S.W.3d 527 (Tenn. 2011), we affirm the trial court’s exclusion of the expert’s testimony and its grant of summary judgment. Affirmed and remanded.

Authoring Judge: Judge J. Steven Stafford
Originating Judge:Judge Roy B. Morgan, Jr.
04/09/13
Donald Hughes, et al vs. Clifford R. Barbee, et al

E2012-01330-COA-R3-CV

Donald Hughes and Donna Hughes (“Plaintiffs”) sued Clifford R. Barbee and Anna Melissa Barbee (“Defendants”) seeking, among other things, an order restraining Defendants from obstructing an alleged public roadway. After a trial the Trial Court entered its order on May 29, 2012 finding and holding, inter alia, that the road at issue “was a public road which had been in existence (and used by the public) for a number of years,” that Defendants had failed to prove that the road had been abandoned, and that the road was to “be opened for use by the public.” Defendants appeal to this Court. We find that the evidence does not preponderate against the Trial Court’s findings, and we affirm.

Authoring Judge: Judge D. Michael Swiney
Originating Judge:Judge Jeffrey F. Stewart
Bledsoe County Court of Appeals 04/09/13
In Re: Wesley S.

E2012-02433-COA-R3-PT

This is a termination of parental rights case focusing on Wesley S. (“the Child”), the minor child of Wesley K.S. (“Father”) and Kari F. (“Mother”). The parents were runaway teenagers when the Child was born in August 2007. Father was incarcerated several times during the Child’s first two years. Father’s latest incarceration began on May 14, 2009, and  he has been in jail continuously since that date. The Child was taken into custody by the Tennessee Department of Children’s Services (“DCS”) on December 17, 2010. On May 31, 2012, DCS filed a petition to terminate the parental rights of Father. The sole ground alleged was abandonment, based on his conduct prior to incarceration exhibiting a wanton disregard for the welfare of the Child. Following a bench trial, the trial court granted the petition upon its finding, by clear and convincing evidence, that Father had abandoned the Child due to his pre- incarceration conduct. The court further found, by clear and convincing evidence, that termination was in the Child’s best interest. Father has appealed. We affirm.

Authoring Judge: Judge Thomas R. Frierson, II
Originating Judge:Judge Timothy Irwin
Knox County Court of Appeals 04/09/13
Francesca Maria Pier v. Katherine Jungkind, et al.

W2012-00872-COA-R3-CV

The trial court awarded Defendants summary judgment in this action for legal malpractice. We affirm based on expiry of the applicable statute of limitations.

Authoring Judge: Judge David R. Farmer
Originating Judge:Judge Robert S. Weiss
Shelby County Court of Appeals 04/08/13
State of Tennessee v. Ricky Earl Genes

M2012-02284-CCA-R3-CD

The defendant, Ricky Earl Genes, pleaded guilty to three counts of aggravated assault, and the Hickman County Circuit Court sentenced him as a Range I, standard offender to a term of 18 years’ imprisonment. On appeal, the defendant argues that the trial court erred in its application of certain enhancement factors. In addition, the defendant challenges both the manner of service and the alignment of his sentences. Discerning no error, we affirm the judgments of the trial court.

Authoring Judge: Judge James Curwood Witt, Jr.
Originating Judge:Judge Derek K. Smith
Hickman County Court of Criminal Appeals 04/08/13
Matthew Jackson v. State of Tennessee

M2012-01759-CCA-R3-PC

Matthew Jackson ("the Petitioner"), acting pro se, filed for post-conviction DNA analysis after pleading guilty to two counts of aggravated rape, one count of aggravated kidnapping, one count of aggravated robbery, and one count of theft of property over $500. After a hearing, the post-conviction court denied the petition. The Petitioner now appeals. Upon our thorough review of the record and the applicable law, we affirm the judgment of the post-conviction court.

Authoring Judge: Judge Jeffrey S. Bivins
Originating Judge:Judge Michael R. Jones
Robertson County Court of Criminal Appeals 04/05/13
Leslie Wooten, Jr. v. Clay Barnett, CFE Corporate Security, First Horizon National Corporation

W2012-01391-COA-R3-CV

This appeal involves a lawsuit against a bank. Representing himself, the plaintiff customer filed this lawsuit against the defendant bank. The defendant bank filed a motion to dismiss, and the plaintiff customer filed a motion for summary judgment. The trial court denied the customer’s motion for summary judgment and granted the bank’s motion to dismiss. The plaintiff customer now appeals. Discerning no error, we affirm.

Authoring Judge: Judge Holly M. Kirby
Originating Judge:Judge Walter L. Evans
Shelby County Court of Appeals 04/05/13
Desiree M. Beyer v. Erik A. Beyer

W2011-00502-COA-R3-CV

 This appeal arises from a prolonged divorce action. On appeal, Father challenges the trial court’s determinations regarding parenting time, child support, alimony, and the division of the marital estate. Father further challenges the trial court’s decision finding him in both civil and criminal contempt. After thoroughly reviewing the record, we affirm in part, reverse in part, vacate in part, and remand for further proceedings.

Authoring Judge: Judge David R. Farmer
Originating Judge:Judge Robert L. Childers
Shelby County Court of Appeals 04/05/13
Charhela Wilson v. State of Tennessee

M2012-01786-CCA-R3-PC

The Petitioner, Charhela Wilson, appeals as of right from the Davidson County Criminal Court’s denial of her petition for post-conviction relief. The Petitioner contends that her pleas of nolo contendere to two counts of aggravated child neglect, a Class B felony, were not knowingly and voluntarily entered into due to the ineffective assistance of her trial counsel. See Tenn. Code Ann. § 39-15-402. However, the Petitioner’s notice of appeal was untimely filed. Following our review, we conclude that the interest of justice does not require waiver of the timely filing requirement in this case. Accordingly, the appeal is dismissed.

Authoring Judge: Judge D. Kelly Thomas, Jr.
Originating Judge:Judge Cheryl Blackburn
Davidson County Court of Criminal Appeals 04/05/13
State of Tennessee v. Charles D. Sprunger

E2011-02579-CCA-R3-CD

Following a jury trial, the defendant, Charles D. Sprunger, was convicted of sexual exploitation of a minor, a Class B felony, and sentenced as a Range I offender to eight years at 100%. On appeal, he argues that the evidence is insufficient to support his conviction and that the trial court erred in sentencing him. After review, we affirm the judgment of the trial court.

Authoring Judge: Judge Alan E. Glenn
Originating Judge:Judge David A. Patterson
Cumberland County Court of Criminal Appeals 04/05/13
Reginald M. Mudd and Mary Anne Mudd, d/b/a Mudd Properties v. Rexford L. Goostree, Jr. and Liberty Cabinets and Millwork, Inc.

M2012-0097-COA-R3-CV

In suit to recover rent due and owing under a lease agreement in which a corporation was named as tenant, trial court entered judgment in favor of landlord against individual who had signed the lease in the space in the signature box designated “Tenant.” Individual appeals, contending that his signature on the lease is not sufficient to bind him personally to the obligations under the lease. Landlord appeals award of damages. We affirm the holding that the individual’s signature on the lease renders him personally liable and remand the case for a determination of whether the landlord is entitled to an award of prejudgment interest and for an award of attorneys’ fees incurred on appeal.
 

Authoring Judge: Judge Richard H. Dinkins
Originating Judge:Judge C. L. Rogers
Sumner County Court of Appeals 04/05/13