http://www.plol.org/Pages/RecentDecisions.aspx?jurisdiction=TennesseeVisit PLoL, one of the world's largest free law libraries. http://www.PLoL.org 15This interlocutory appeal considers an issue of uninsured motorist coverage following an automobile accident in which Plaintiff Randall D. Kiser was permanently injured. The plaintiff was working within the scope of his employment, driving for a towing company, when his truck was struck by Defendant Ian J. Wolfe's vehicle. The defendant driver tendered his liability policy limits to the plaintiff and is not a party to this appeal. The employer towing company was insured by Defendant Consumers...http://www.plol.org/Pages/PublicDocument.aspx?d=wtNnxp8jp4whaNQbvW4WqQ%3d%3d&l=CasesFri, 28 May 2010 00:00:00 GMTThis appeal arises from a post-divorce case in which the trial court found the appellant to be in criminal contempt. Procedural deficiencies by the trial court require reversal... On March 10, 2007, Erin McLean ("Mother") witnessed her husband, Jason Eric McLean ("Father"), shoot and kill 18-year-old Sean Powell1 in the driveway of the marital home. Father was arrested and Mother fled with her two minor children to the home of her mother in Nashville... Father filed a complaint...http://www.plol.org/Pages/PublicDocument.aspx?d=iP%2b5n08e%2fTtBxjaLL7R8qQ%3d%3d&l=CasesFri, 28 May 2010 00:00:00 GMTEmployee, whose employer provided services pursuant to a contract with hospital, sustained injuries from a fall while working on hospital's premises. Employee subsequently filed a negligence action against hospital. The trial court permitted employer to intervene in the suit. Hospital filed a motion for summary judgment, and after an evidentiary hearing, the trial court found that hospital was the principal contractor pursuant to Tenn. Code Ann. § 50-61-13 and the exclusive remedy rule...http://www.plol.org/Pages/PublicDocument.aspx?d=7%2b9e6pQL6do7qE0%2ff4Zdyg%3d%3d&l=CasesFri, 28 May 2010 00:00:00 GMTThe Petitioner, Robin Betts, filed a petition for post-conviction relief in the Davidson County Criminal Court alleging that his counsel was ineffective and that his pleas were not knowingly and voluntarily entered. The post-conviction court dismissed the petition without appointing counsel or conducting an evidentiary hearing, finding that the Petitioner did not "present[] a cognizable claim which would entitle him to post-conviction relief." On appeal, the Petitioner challenges the...http://www.plol.org/Pages/PublicDocument.aspx?d=3OAzuoodiRlUNF0ahH1SFw%3d%3d&l=CasesFri, 28 May 2010 00:00:00 GMTThe defendant, James Paul Kinard, was convicted of three counts of rape of a child, a Class A felony, and one count of aggravated sexual battery, a Class B felony. He was sentenced to twenty-five years for each Class A felony conviction and twelve years for the Class B felony conviction. The sentences for the Class A felonies were ordered to be served consecutively, and the sentence for the Class B felony was to be served concurrently for an effective seventy-five-year sentence. On appeal, the...http://www.plol.org/Pages/PublicDocument.aspx?d=IhX%2f%2fpcLdaaE7DF2qipwJQ%3d%3d&l=CasesFri, 28 May 2010 00:00:00 GMTThe Defendant, Jason A. Albright, was convicted by a jury of driving under the influence (DUI). Following a sentencing hearing, the trial court sentenced the Defendant for DUI, third offense to eleven months and twenty-nine days incarceration suspended to probation after the service of 120 days in jail. On appeal, the Defendant contends that his prior convictions are invalid and that the trial court erred in denying him the right to attack the validity of the prior convictions at the sentencing...http://www.plol.org/Pages/PublicDocument.aspx?d=8bHEa13O1OUV%2flt3TdAQzw%3d%3d&l=CasesFri, 28 May 2010 00:00:00 GMTA Sullivan County jury convicted the Defendant, Gary Edward Dougherty, of two counts of attempt to commit first degree murder and two counts of aggravated assault. The trial court merged all counts and sentenced the Defendant, a Range I offender, to twenty-two years in the Tennessee Department of Correction. The Defendant appealed, contending: (1) the evidence is insufficient to sustain his convictions; and (2) the trial court erred when it enhanced his sentence. This Court held that a written...http://www.plol.org/Pages/PublicDocument.aspx?d=akz67SdF25ScwXkmk8iobA%3d%3d&l=CasesThu, 27 May 2010 00:00:00 GMTThe pro se Petitioner, Milburn L. Edwards, appeals the summary dismissal of his petition for a writ of habeas corpus attacking his 1991 convictions for twenty-one counts of rape; two counts of first degree burglary; two counts of aggravated burglary; one count of second degree burglary; one count of aggravated rape; one count of assault with intent to commit rape; and one count of robbery. Following his convictions, the Petitioner initially received an effective sentence of life plus 415 years,...http://www.plol.org/Pages/PublicDocument.aspx?d=iy%2bb5hLeP%2fNWy4NP7OquGA%3d%3d&l=CasesThu, 27 May 2010 00:00:00 GMTThe Petitioner, Phyllis Ann McBride, was convicted by a jury of the first degree murder of her husband and was sentenced to life in prison. She appealed her conviction, and this court affirmed. State v. Phyliss Ann McBride, No. 01C01-9606-CC-00269, Rutherford County (Tenn. Crim. App. Oct. 24, 1997). The Petitioner's subsequent petition for post-conviction relief was denied, and this court affirmed. Phyllis McBride v. State, No. M2000-00034-CCA-R3-CD, Rutherford County (Tenn. Crim. App. Mar. 22,...http://www.plol.org/Pages/PublicDocument.aspx?d=M57hfwbyYX%2fu8mt6wkxoqw%3d%3d&l=CasesThu, 27 May 2010 00:00:00 GMTThe defendant, Raymond Stanley Hilliard, appeals from his Sullivan County Criminal Court guilty-pleaded convictions of facilitation of possession of... 5 grams or more of cocaine, two counts of the facilitation of the sale of... 5 grams or more of cocaine, two counts of the possession of drug paraphernalia, possession of a legend drug, three counts of the possession of a schedule IV drug, possession of a schedule II drug, and maintaining a dwelling where controlled substances are used and sold....http://www.plol.org/Pages/PublicDocument.aspx?d=qK9FbCHFVGstdu6nqOYGBg%3d%3d&l=CasesThu, 27 May 2010 00:00:00 GMTThe defendant, Timothy Allen Sumner, appeals from the order of the Criminal Court of Sullivan County revoking his probation. On appeal, he claims that the evidence supported neither the trial court's revocation of probation nor the resulting order that he serve his sentence in confinement. Upon our review, we affirm the order of the trial court... Charged with the possession of a Schedule III controlled substance with intent to sell or deliver, a Class D felony, the defendant pleaded guilty on...http://www.plol.org/Pages/PublicDocument.aspx?d=wK8EJpupf9UT01J3m6GTig%3d%3d&l=CasesThu, 27 May 2010 00:00:00 GMTPlaintiff filed an action against the Catholic Bishop for The Diocese of Memphis, asserting the Diocese was liable for damages arising from the negligent hiring, retention and supervision of a priest, who Plaintiff alleged abused him when he was a child. The Diocese moved to dismiss for lack of subject matter jurisdiction and on the grounds that the statute of limitations prescribed by Tennessee Code Annotated § 28-3-104 had expired. The trial court denied the motions. It also denied the...http://www.plol.org/Pages/PublicDocument.aspx?d=0bMK63cx1HSU%2fPkFbr0D%2bQ%3d%3d&l=CasesThu, 27 May 2010 00:00:00 GMTIn May 1997, Paul Leonard ("the Homeowner") discovered termites in his home. On June 11, 1997, he contracted with Leo's Exterminating Services, Inc., to treat his home. Leo's performed the initial treatment. The contract provided for annual renewals at a reduced rate. The Homeowner renewed twice. The last renewal was on June 11, 1999, which renewal qualified the Homeowner to receive, free of additional charge, retreatment1 for a "live infestation" until June 11, 2000....http://www.plol.org/Pages/PublicDocument.aspx?d=r3ntZoSLyhSnbPbrPQTwZA%3d%3d&l=CasesThu, 27 May 2010 00:00:00 GMTPolice officer's termination was upheld by the Metropolitan Civil Service Commission which found that he was engaged in prohibited secondary employment, that he had falsified his application for secondary employment, and that he had been dishonest during the Police Department's investigation of his application. Officer sought judicial review of the commission's decision and the trial court affirmed the action of the Civil Service Commission. Finding that the trial court properly entered a final...http://www.plol.org/Pages/PublicDocument.aspx?d=C%2blTzl%2flV5nZUJBnzF89GQ%3d%3d&l=CasesThu, 27 May 2010 00:00:00 GMTParents in a dependency and neglect proceeding appealed a juvenile court decision finding their six minor children dependent and neglected and awarding custody to DCS. The circuit court dismissed the parents' appeal as untimely; parents appeal the dismissal to this Court. Finding error, we reverse and remand... I. Background... Wendie P. and Ernest P. are the adoptive parents of seven children, six of whom are the subject of these proceedings.2 On March 18, 2008, the Department of Children's...http://www.plol.org/Pages/PublicDocument.aspx?d=LY79h9XsiR%2fBchidkgLXvQ%3d%3d&l=CasesThu, 27 May 2010 00:00:00 GMTThe defendant was convicted of aggravated child abuse and felony murder in the perpetration of aggravated child abuse. The defendant appealed the felony murder conviction, and the Court of Criminal Appeals affirmed his conviction. We granted permission to appeal and address the issue of whether the trial court committed reversible error by failing to instruct the jury on the lesser-included offenses of felony murder, which include second degree murder, reckless homicide, and criminally...http://www.plol.org/Pages/PublicDocument.aspx?d=1X1Db3RloGbbCUgS%2f4y9vw%3d%3d&l=CasesThu, 27 May 2010 00:00:00 GMTIn this divorce case, Kimberly Ruth McDaniel ("Mother") appeals raising numerous issues, including a challenge to the admission of a tape recorded conversation between Mother and one of her children from a previous marriage. Neither party to this telephone conversation knew that it was being recorded. Admission of the tape recorded conversation damaged Mother's credibility because, prior to its admission, Mother expressly denied making numerous comments contained in this recording. In...http://www.plol.org/Pages/PublicDocument.aspx?d=BwrLnIOQed1%2fTEOg1Zg3nw%3d%3d&l=CasesThu, 27 May 2010 00:00:00 GMTA man receiving outpatient treatment from a psychiatrist shot and killed his wife and himself. Patient's daughter filed wrongful death actions on behalf of her mother and her father and a negligence action on her own behalf. The trial court granted summary judgment with respect to the wrongful death claim on behalf of the mother and the individual claim of the daughter. The wrongful death claim on behalf of father was voluntarily dismissed. We have concluded that Tenn. Code Ann. § 33-3-206...http://www.plol.org/Pages/PublicDocument.aspx?d=bdhWmu9IgU%2fQVGSbR4q8kA%3d%3d&l=CasesWed, 26 May 2010 00:00:00 GMTR. L. Ayers operates several apartment complexes, some individually and some in his capacity as the general partner of the limited partnerships, Bluff Springs Apartments, Ltd., and Village Apartment, Ltd. As a consequence of these interests, he maintained several bank accounts with Peoples Bank of the South. This litigation focuses on seven of those accounts. Ayers has admitted — and in fact has pleaded guilty — to defrauding Peoples and two other local banks by "kiting"...http://www.plol.org/Pages/PublicDocument.aspx?d=8oN2gh7a%2bo%2bD5nhu1iPNuQ%3d%3d&l=CasesWed, 26 May 2010 00:00:00 GMTJames L. Hill ("the defendant"), in order to accommodate his son, Shannon Hill, co-signed a note to First Peoples Bank of Tennessee ("the Bank") in the amount of $50,500 ("the small note"). Shannon1 later approached the Bank about a larger loan for his pizza business. As a consequence, the small note was combined with two other notes. The Bank made a loan in the amount of $294,764.65 under a new note ("the big note") but required a personal guaranty from the...http://www.plol.org/Pages/PublicDocument.aspx?d=RtFreQ2j8JqD1JjsJe0Msw%3d%3d&l=CasesWed, 26 May 2010 00:00:00 GMTHaley Mariah Anderson and Macey Elizabeth Anderson ("the Children") by next friend and father, Mac Todd Anderson ("Father"), sued Paul E. Stanton, Jr. ("Stanton"), Hal Knight ("Knight"), Deborah Defrieze ("Defrieze"), d/b/a East Tennessee State University, University School ("University School")1 (or collectively "Defendants"), and the Washington County Board of Education seeking, in part, to prevent University School from withdrawing the...http://www.plol.org/Pages/PublicDocument.aspx?d=d7h858Wsk8gd14vJzlIPPQ%3d%3d&l=CasesWed, 26 May 2010 00:00:00 GMTThe Defendant, Barbara Ann Riggs, was found guilty by a Knox County jury of theft of property valued at $10,000 or more but less than $60,000, a Class C felony. See T.C.A. §§ 39-14-103; -105(4). The trial court imposed a Range I, six-year sentence to be served on probation consecutively to a one-year sentence in another case and set the amount of restitution at $28,600.95. In this appeal, the Defendant argues that the evidence was insufficient to support her conviction, that the trial...http://www.plol.org/Pages/PublicDocument.aspx?d=kHNPtiAwUDiMqJVkAMSMdw%3d%3d&l=CasesWed, 26 May 2010 00:00:00 GMTAppellant, Donna Sue Mrozowski, pled nolo contendere to a Class B vehicular homicide charge stemming from an incident in which she drove her car off a highway, killing a pedestrian. Appellant and the State agreed to an eight year sentence but left the manner of service to be determined by the trial court. After a hearing, the court denied Appellant's request for alternative sentencing. Appellant now appeals, and we affirm... I. Factual Background... ... ... Appellant was driving her minivan on...http://www.plol.org/Pages/PublicDocument.aspx?d=JIXoOONdwB%2bVq5xldXF4DA%3d%3d&l=CasesWed, 26 May 2010 00:00:00 GMTThe Defendant, James H. Saint, Jr., was convicted of six counts of aggravated sexual battery, a Class B felony. See Tenn. Code Ann. § 39-13-504(b). The trial court, applying the 2005 Amendments to our Sentencing Act, originally sentenced the Defendant to serve sixty-six years in the Department of Correction. On his first appeal, however, we reversed his sentences and remanded his case for resentencing under the 1989 Act. See State v. Saint, 284 S.W.3d 340, 348 (Tenn. Crim. App. 2008)....http://www.plol.org/Pages/PublicDocument.aspx?d=tBvVYM8DiNFiKCmT%2ffmilQ%3d%3d&l=CasesWed, 26 May 2010 00:00:00 GMTThe petitioner, Melvin S. Nettles, appeals the denial of post-conviction relief by the Davidson County Criminal Court. In 2007, he pled guilty to sale of less than 0.5 grams of cocaine, a Class C felony. Pursuant to a plea agreement, he received a twelve year sentence to be served on community corrections. He was also assessed a fine of $2,000. The trial court subsequently found that the petitioner violated his community corrections' sentence and ordered confinement. On appeal, the petitioner...http://www.plol.org/Pages/PublicDocument.aspx?d=iWz6NRTNNoELxJ05%2f330Dw%3d%3d&l=CasesWed, 26 May 2010 00:00:00 GMTThe Petitioner, Michael V. Morris, was convicted by a Davidson County Criminal Court jury of aggravated robbery, a Class B felony. He was sentenced as a Range III, career offender to thirty years at sixty percent in the Tennessee Department of Correction. He filed a pro se petition for habeas corpus relief in the Hickman County Circuit Court, which was summarily dismissed. On appeal, the Petitioner argues that his judgment is void because it violates Blakely v. Washington, 542 U.S. 296, 124 S....http://www.plol.org/Pages/PublicDocument.aspx?d=W%2b%2fK8281Me%2fMjSxM9nBRRA%3d%3d&l=CasesTue, 25 May 2010 00:00:00 GMTW. Curtis Jordan sued his former attorney, Charles Clifford, alleging breach of contract, fraudulent conversion of property, and violation of the Tennessee Consumer Protection Act ("the TCPA"). The case proceeded to a jury trial. At the close of Jordan's proof, the court dismissed the consumer protection claim based upon its holding that the TCPA did not apply to the providing of professional services by an attorney. As to the remaining claims, the jury returned a verdict in favor of...http://www.plol.org/Pages/PublicDocument.aspx?d=edFwmnTXxPJZ4BUzQOpQ4A%3d%3d&l=CasesTue, 25 May 2010 00:00:00 GMTThis case arises from a petition to enroll and modify a foreign decree on child visitation and support. Appellant/Father petitioned the Circuit Court at Shelby County to enroll and modify an Arkansas decree. Mother/Appellee contested the petition, alleging that she was still a resident of Arkansas, so that Arkansas retained exclusive, continuing subject matter jurisdiction. The trial court found that the Uniform Interstate Family Support Act was applicable, and also found that Mother was still...http://www.plol.org/Pages/PublicDocument.aspx?d=s0MbX0OSnASVw%2foLFn5oeQ%3d%3d&l=CasesTue, 25 May 2010 00:00:00 GMTDeveloper sought approval to construct a planned development containing retail and office uses on property zoned in an agricultural district. The municipal planning commission recommended that the town's board of commissioners deny the application for several reasons. Following a public hearing, the board of commissioners voted to deny the application based upon the recommendation of the municipal planning commission. The developer then brought a common law certiorari action, alleging that the...http://www.plol.org/Pages/PublicDocument.aspx?d=fGrnLGaZ7xfEQ546B9%2bDAw%3d%3d&l=CasesTue, 25 May 2010 00:00:00 GMTThis is an appeal from the trial court's order on Appellant/Husband's Petition for Release of Funds. After the trial court entered a Final Decree in this divorce action, the Appellant filed a petition for the release of his portion of the funds received from the sale of the marital home, which are currently being held by the clerk of the trial court. After a hearing, the trial court ordered that only part of the money may be released. The trial court ordered that the remainder be held until the...http://www.plol.org/Pages/PublicDocument.aspx?d=OHtwtKL%2bSJphJyN%2f%2bMucAA%3d%3d&l=CasesMon, 24 May 2010 00:00:00 GMTThis appeal involves the evidentiary privilege in the Tennessee Peer Review Law of 1967 [Tenn. Code Ann. § 63-6-219 (Supp. 2009)]. A former hospital employee filed suit in the Chancery Court for Bradley County against the hospital and an orthopaedic surgeon on the hospital's medical staff. During discovery, the former employee sought to depose the hospital's infection control director regarding the details of an investigation into post-operative nosocomial infections and her knowledge of...http://www.plol.org/Pages/PublicDocument.aspx?d=2z2F59UjCG99GMmpWFjnUg%3d%3d&l=CasesMon, 24 May 2010 00:00:00 GMTThis appeal involves the application of the Tennessee Peer Review Law of 1967 [Tenn. Code Ann. § 63-6-219 (Supp. 2009)] to a hospital system's business decision regarding the provision of vascular access services to patients in its member hospitals. The hospital system had customarily outsourced these services at several of its hospitals, but, following an audit, it decided to discontinue outsourcing the services and to begin providing them using nurses employed by its own hospitals. After...http://www.plol.org/Pages/PublicDocument.aspx?d=qJMj5r9tD6Zi6G3vV6SxEQ%3d%3d&l=CasesMon, 24 May 2010 00:00:00 GMTThis is an appeal from the trial court's award of discretionary costs. Appellant/Plaintiff voluntarily dismissed her claim without prejudice prior to trial, and Appellee/Defendant filed a motion for discretionary costs, which motion the trial court granted. Finding that Appellee/Defendant did not meet her burden of proof, and that the trial abused its discretion in awarding certain discretionary costs that are not contemplated by Tenn. R. Civ. P. 54.04, we modify the award to reflect a total...http://www.plol.org/Pages/PublicDocument.aspx?d=KNVuYd7BRWDLc5lUISy%2fhg%3d%3d&l=CasesMon, 24 May 2010 00:00:00 GMTThe Defendant, David Nagele, appeals from the Knox County Criminal Court's denial of his motion to withdraw his plea to attempted aggravated sexual battery, a Class C felony, following correction of the judgment to reflect that the Defendant was subject to community supervision for life. We hold (1) that the trial court did not err in denying the motion and (2) that the Defendant is not entitled to plain error relief in his challenge to the constitutionality of the community supervision for...http://www.plol.org/Pages/PublicDocument.aspx?d=8OtxmpHam2sTYaTAfgSysw%3d%3d&l=CasesMon, 24 May 2010 00:00:00 GMTThe Defendant, Demance Marshall Beasley, was charged with: one count of attempted especially aggravated robbery, a Class B felony, see Tennessee Code Annotated sections 391-3-403(b), -12-107(a); one count of attempted first degree murder, a Class A felony, see Tennessee Code Annotated sections 39-13-202(c), -12-107(a); and one count of aggravated assault, a Class C felony, see Tennessee Code Annotated section 39-13-102(e)(1). Following a jury trial, he was convicted as charged. In this direct...http://www.plol.org/Pages/PublicDocument.aspx?d=64Kez3gaQD%2fY18FPyfP0%2bQ%3d%3d&l=CasesFri, 21 May 2010 00:00:00 GMTThis matter is before the Court upon the State's motion to dismiss or in the alternative to affirm the judgment of the trial court by memorandum opinion pursuant to Rule 20, Rules of the Court of Criminal Appeals. Petitioner, Marquise Harris, has appealed the trial court's order dismissing his petition for writ of habeas corpus in which Petitioner alleged that: (1) he received ineffective assistance of counsel; (2) was subject to an illegal search, seizure, and arrest; and (3) he received an...http://www.plol.org/Pages/PublicDocument.aspx?d=%2f6UNXcj4Omt4DQLpx%2b0FZA%3d%3d&l=CasesFri, 21 May 2010 00:00:00 GMTPetitioner, Maurice Darnell Tyler, was convicted of two counts of first degree murder and received a total effective sentence of life without the possibility of parole. Subsequently, Petitioner filed a petition for post-conviction relief, alleging that his trial counsel was ineffective. The post-conviction court denied the petition, and Petitioner now appeals. Upon review, we affirm the judgment of the post-conviction court... I. Factual Background... The evidence adduced at Petitioner's trial...http://www.plol.org/Pages/PublicDocument.aspx?d=P7ZQxtKkG2vsZM63CyN6WA%3d%3d&l=CasesFri, 21 May 2010 00:00:00 GMTA Davidson County jury found the Defendant, Roderick Sammual Chadwick, guilty of attempted voluntary manslaughter and aggravated assault. The trial court imposed concurrent terms of twelve years and fifteen years, respectively, for these convictions. Under the same indictment, the Defendant pleaded guilty to being a felon in possession of a weapon. The trial court sentenced the Defendant to six years for this conviction, to be served consecutively to the effective fifteen-year sentence, for a...http://www.plol.org/Pages/PublicDocument.aspx?d=8v73it%2bU5%2bUSiqNhZn2uRg%3d%3d&l=CasesFri, 21 May 2010 00:00:00 GMTA Marshall County Circuit Court Jury found the appellant, Ronald Lee Stewart, guilty of aggravated burglary, theft, and vandalism. The trial court sentenced the appellant as a Range III persistent offender to a total effective sentence of thirteen years in the Tennessee Department of Correction. On appeal, the appellant argues that his convictions "violate[] the Sixth Amendment because of juror fatigue" and that the trial court erroneously found him to be a persistent offender. Upon...http://www.plol.org/Pages/PublicDocument.aspx?d=8wfSTWURREPI8twvrnT7ug%3d%3d&l=CasesFri, 21 May 2010 00:00:00 GMTThe Defendant, Sidney Leonard Pigg, III, was convicted by a Marshall County jury of Class D felony theft of property. See Tenn. Code Ann. § 39-14-103. The trial court imposed a three-year sentence for this conviction, which was to be suspended following service of sixty days. On appeal, the Defendant challenges the sufficiency of the evidence supporting his conviction. Following our review of the record, we affirm the judgment of the trial court... Factual Background... On September 17,...http://www.plol.org/Pages/PublicDocument.aspx?d=wG5%2fOQ49Rdptvfyhqnquhw%3d%3d&l=CasesFri, 21 May 2010 00:00:00 GMTThe Petitioner, Travis Jay Lester, pled guilty in the Wilson County Criminal Court to introduction of contraband into a penal facility, resisting arrest, and two counts of assault. He received a total effective sentence of four years in the Tennessee Department of Correction. Subsequently, the Petitioner filed a petition for post-conviction relief, alleging that his trial counsel was ineffective and that his guilty pleas were not knowingly and voluntarily entered. The post-conviction court...http://www.plol.org/Pages/PublicDocument.aspx?d=VqnvDmFkK3TlGzL01tXn5g%3d%3d&l=CasesFri, 21 May 2010 00:00:00 GMTThe appellant, William Ladonte Davis, pled guilty to possession of... 5 grams or more of a substance containing cocaine with the intent to sell and conspiracy to sell cocaine, receiving sentences of eleven years and five years, respectively. On appeal, the appellant challenges the trial court's denial of alternative sentencing, specifically contending that he should have been sentenced to probation or community corrections. Upon review, we affirm the judgments of the trial court... I. Factual...http://www.plol.org/Pages/PublicDocument.aspx?d=cVaZKsyOVG4i1YWQPU%2fwGQ%3d%3d&l=CasesFri, 21 May 2010 00:00:00 GMTThe plaintiff home builder filed a complaint for breach of contract against a woman who refused to close on the sale of a home she had contracted to purchase. When the defendant failed to timely respond, the plaintiff filed a motion for default judgment and served the motion on the defendant by mailing a copy to her. She did not open the envelope, but wrote "return to sender" on it, and placed it back into the mail. The trial court granted the plaintiff a default judgment. The defendant...http://www.plol.org/Pages/PublicDocument.aspx?d=l4uVRcJBWX2OxdycLo024Q%3d%3d&l=CasesFri, 21 May 2010 00:00:00 GMTA junior creditor sued the senior creditor claiming that the senior creditor's involvement in the sale of collateral, used trailers for tractor-trailer trucks, was commercially unreasonable. We agree with the trial court that the senior creditor, a bank, was subject to the commercially reasonable disposition of collateral rule. However, we hold that the bank's approval of the sale, arranged by the debtor, was not commercially unreasonable. Consequently, we reverse the judgment of the trial...http://www.plol.org/Pages/PublicDocument.aspx?d=UcikpyMk8aXeV7H1FDNOmQ%3d%3d&l=CasesFri, 21 May 2010 00:00:00 GMTThis is a dispute between two companies that supply parts in the automotive industry. Company A claims that Company B tortiously interfered with its contract and with its business relationships. The trial court granted summary judgment on the grounds that there was no genuine issue of material fact as to causation and that Company B conclusively established the affirmative defense of justification. We affirm the decision of the trial court because Company B negated the element of causation......http://www.plol.org/Pages/PublicDocument.aspx?d=q0Al6Q3v4Qd6%2blOikDI0Qg%3d%3d&l=CasesFri, 21 May 2010 00:00:00 GMTThis is an appeal from a juvenile court custody proceeding. The mother filed a petition for legitimation in the Juvenile Court. The Juvenile Court entered an order finding that the defendant father is the child's natural father, designating the mother as the child's primary residential parent and granting weekend parenting time to the father. After a protracted dispute over parenting time, the Juvenile Court entered an order designating the father to be the child's primary residential parent,...http://www.plol.org/Pages/PublicDocument.aspx?d=MWFVqngmp6pRAhnEHkAVNg%3d%3d&l=CasesThu, 20 May 2010 00:00:00 GMTAfter the parties' divorce, Mother was named primary residential parent and Father was ordered to pay $3,250.00 per month child support. Father filed two petitions seeking a reduction of his support obligation, which were denied. The parties then agreed that Father would pay $2,500.00 per month support through March 1, 2014. Thereafter, Father filed a third petition to reduce support claiming decreased income and increased parenting time. Subsequently, the parties signed an agreement allowing...http://www.plol.org/Pages/PublicDocument.aspx?d=P94l8wKBEJ1r2tFj6HoxLA%3d%3d&l=CasesThu, 20 May 2010 00:00:00 GMTOfficers of a church appeal the trial court holding that under Tenn. Code Ann. § 48-66-102 the members of the church have a statutory right to church records. We find that the members have a right to the records described in subsection (a) of the statute since such access is unconditional and since enforcing this right does not entangle the court in religious affairs in violation of the ecclesiastical abstention doctrine. However, the members failed to articulate a "proper purpose"...http://www.plol.org/Pages/PublicDocument.aspx?d=kDa%2blclZotg0dG47FYjm%2fA%3d%3d&l=CasesThu, 20 May 2010 00:00:00 GMTOn August 13, 2007, Petitioner, Moncelle Voorhies, pled guilty in Rutherford County to sale of cocaine under... 5 grams. Petitioner filed a petition for post-conviction relief on August 11, 2008, alleging that his guilty plea was not entered knowingly and voluntarily and that he was afforded ineffective assistance of counsel. Following an evidentiary hearing on the petition, the post-conviction court denied the petition. Petitioner now brings this appeal from the post-conviction court's denial...http://www.plol.org/Pages/PublicDocument.aspx?d=41whl66LaiVedJr2cKR%2f1Q%3d%3d&l=CasesThu, 20 May 2010 00:00:00 GMTThe defendant, Tracy Lynn Cope, was convicted of one count of especially aggravated kidnapping, a Class A felony; one count of aggravated kidnapping, a Class B felony; and one count of false imprisonment, a Class A misdemeanor. He was sentenced as a Range II, multiple offender to forty years for the Class A felony, twenty years for the Class B felony, and eleven months and twenty-nine days for the Class A misdemeanor. The sentences were ordered to run concurrently for a total effective sentence...http://www.plol.org/Pages/PublicDocument.aspx?d=F%2bQDEijb%2fAw4diBOToEkYw%3d%3d&l=CasesThu, 20 May 2010 00:00:00 GMTThe pro se petitioner, Yolanda D. Barefield, appeals the summary dismissal of her petition for post-conviction relief. On appeal, she alleges that she entered an involuntary guilty plea due to the ineffective assistance of counsel. After careful review, we remand to the trial court for appointment of counsel and a hearing regarding the issue of whether the petitioner received ineffective assistance of counsel with regard to her guilty plea to felony escape... On July 29, 2008, the petitioner...http://www.plol.org/Pages/PublicDocument.aspx?d=IGRYsajJo06zu0ixFIEpUA%3d%3d&l=CasesThu, 20 May 2010 00:00:00 GMTThe appellant, Cedric Antonio Conner, pled guilty in the Hamilton County Criminal Court to aggravated assault and received a six-year sentence. On appeal, he challenges the trial court's refusal to grant him an alternative sentence. Upon review, we affirm the judgment of the trial court... I. Factual Background... The Hamilton County Grand Jury indicted the appellant on count one with the attempted first degree murder of the victim, Derrick Thornton, a Class A felony, and on count two with the...http://www.plol.org/Pages/PublicDocument.aspx?d=htROyJBTGvQkT7hvf94idA%3d%3d&l=CasesThu, 20 May 2010 00:00:00 GMTThe petitioner, Earnest Banks, appeals the Shelby County Criminal Court's denial of his petition for post-conviction relief. The petitioner pled guilty to burglarizing a motor vehicle and was sentenced, as a Range II offender, to a term of three years in the Department of Correction. On appeal, the petitioner contends that his guilty plea was not knowingly and voluntarily entered due to the ineffective assistance of counsel. Specifically, he contends that trial counsel placed him in "an...http://www.plol.org/Pages/PublicDocument.aspx?d=OhwtTs0ge7KeMhyimQR9Uw%3d%3d&l=CasesWed, 19 May 2010 00:00:00 GMTThe defendant, Lisa Wiggins, pled guilty to facilitation of burglary, a Class E felony, and facilitation of theft, a Class A misdemeanor. The trial court sentenced her to an effective sentence of one year of probation and ordered her to pay $4,874 in restitution. On appeal, the defendant argues that the state presented insufficient proof at the restitution hearing of the amount of restitution, and the trial court did not consider the defendant's financial resources and ability to pay. Following...http://www.plol.org/Pages/PublicDocument.aspx?d=R8kzOhfieQp1M%2fnoRGrwmw%3d%3d&l=CasesWed, 19 May 2010 00:00:00 GMTAfter entering "best interest" guilty pleas in order to avoid a potential death penalty conviction, Petitioner, Stephen Wlodarz, filed a petition for a writ of error coram nobis. The Hawkins County Criminal Court denied the petition. On appeal, Petitioner asserts that the trial court erred in finding there was no newly discovered evidence and that Petitioner failed to demonstrate that his pleas were not knowingly and voluntarily entered. We affirm... I. Background... Facing a capital...http://www.plol.org/Pages/PublicDocument.aspx?d=UAxTu0X%2bJeCyxz%2bOhUvAgA%3d%3d&l=CasesWed, 19 May 2010 00:00:00 GMTA Williamson County jury convicted the petitioner, Mark A. Shiefelbein, of seven counts of aggravated sexual battery and one count of especially aggravated sexual exploitation of a minor. The trial court sentenced him to ninety-six years in the Tennessee Department of Correction. The petitioner appealed, and this court affirmed his convictions but modified his sentence to thirty-two years. The petitioner filed for post-conviction relief, arguing that he received ineffective assistance of...http://www.plol.org/Pages/PublicDocument.aspx?d=rIJ8XgXP%2fqmNmL5%2fmGGp0A%3d%3d&l=CasesWed, 19 May 2010 00:00:00 GMTThe defendant, Pierre Jackson, was convicted by a Shelby County jury of two counts of aggravated vehicular homicide, two counts of leaving the scene of an accident, and one count of driving on a revoked license, third offense, and was sentenced by the trial court to an effective sentence of fifty-two years, five months, and twenty-nine days. State v. Pierre Jackson, No. W2006-02127-CCA-R3-CD, 2008 WL 2053652, at *1 (Tenn. Crim. App. May 12, 2008), perm. to appeal denied (Tenn. Dec. 8, 2008). In...http://www.plol.org/Pages/PublicDocument.aspx?d=1ZKFIBAx%2bKx%2b8e23eYuvow%3d%3d&l=CasesWed, 19 May 2010 00:00:00 GMTFollowing a bench trial, Defendant, William C. Howse, was convicted of violating the Sexual Offender Registration, Verification, and Tracking Act of 2004 (the "2004 Act"), a Class E felony. The trial court sentenced Defendant as a Range I, standard offender, to one year to be served as ninety days in confinement and the remainder on probation. On appeal, Defendant argues that (1) the trial court erred in finding that he knowingly violated the provisions of the 2004 Act, and (2) the 2004...http://www.plol.org/Pages/PublicDocument.aspx?d=9zGv5AJ85JmRZk6zC72bcA%3d%3d&l=CasesWed, 19 May 2010 00:00:00 GMTFather and Mother divorced in 1989 with the marital dissolution agreement obligating Father to pay all expenses for four years of college and graduate school for both son and daughter. Father refused to pay the entire cost of college for both but did pay $20,000 a year for each, deeming that reasonable. Mother sued. The trial court found that the children's choices of college were reasonable and that Father could afford the college costs. The trial court awarded Mother the costs she incurred in...http://www.plol.org/Pages/PublicDocument.aspx?d=3pkr%2fuBkh7QAhSPUJ0QWlQ%3d%3d&l=CasesWed, 19 May 2010 00:00:00 GMTThis lawsuit began as a collection claim filed by Discover Bank ("Discover") against Joy A. Morgan ("Morgan") for $16,341.52. Discover claimed Morgan owed this amount on a credit card originally issued to Morgan's husband, now deceased. Morgan filed an answer and counterclaim, asserting a claim for libel as well as claims pursuant to the federal Fair Credit Reporting Act, 15 U.S.C. § 1681, and the Tennessee Consumer Protection Act, Tenn. Code Ann. § 47-18-101, et seq....http://www.plol.org/Pages/PublicDocument.aspx?d=cV5U4dnD23kTqZtYMKqc6A%3d%3d&l=CasesWed, 19 May 2010 00:00:00 GMTPurchasers of pre-construction condominium units sued the developer seeking rescission of their contracts to purchase the units. The developer filed a motion to compel mediation and/or arbitration pursuant to the contract. The trial court denied the motion and the developer appeals. Finding error, we reverse and remand... I. Background... In April 2006, the Appellees, Franke Elliott, David Haley, Scott Williams, Terry Miller and Deborah Williams (collectively, the "Buyers"), entered...http://www.plol.org/Pages/PublicDocument.aspx?d=EQlZvb69hwZeVsBeA%2bW8Lg%3d%3d&l=CasesWed, 19 May 2010 00:00:00 GMTHusband appeals the trial court's award of transitional alimony, alimony in futuro, and alimony in solido to Wife. Finding no abuse of discretion, we affirm... The issues raised on appeal in this divorce action pertain to the trial court's award of alimony to Wife. Plaintiff/Appellant Donald Paul Clayton (Mr. Clayton) was born in 1960; Defendant/Appellee Andrea Dawn Clayton (Ms. Clayton) was born in 1963. The parties married when Ms. Clayton was in the tenth grade and have three adult children....http://www.plol.org/Pages/PublicDocument.aspx?d=JurBUX3trsTqA1vly%2fb7pw%3d%3d&l=CasesTue, 18 May 2010 00:00:00 GMTThis appeal arises out of a lawsuit filed against the attorneys and insurance company involved in the settlement of a personal injury claim. The trial court dismissed the claims of the plaintiffs/appellants, Mattie and Edmond Lindsey, for failure to state a claim upon which relief could be granted. The Lindseys did not appeal the original dismissal of their claims but instead moved to set aside the court's judgment nearly one year later. The trial court declined to set aside its judgment and...http://www.plol.org/Pages/PublicDocument.aspx?d=W0%2frqRQUFtXUpPsYfz6Blw%3d%3d&l=CasesTue, 18 May 2010 00:00:00 GMTI. FACTS & PROCEDURAL HISTORY... This appeal involves a custody dispute between a father and maternal grandparents. The father and grandparents initially filed a joint petition to remove custody from the children's mother. When the father later filed a separate amended petition for custody on his own, the grandparents argued that he should be precluded from seeking custody due to a previous mediation agreement. The father argued that he was entitled to assert his superior parental right to...http://www.plol.org/Pages/PublicDocument.aspx?d=a5d8UCapG0qx3Lt%2b0wZY7g%3d%3d&l=CasesTue, 18 May 2010 00:00:00 GMTThe petitioner, Travis A. Bledsoe, appeals the trial court's denial of his petition for post-conviction relief. The state has filed a motion requesting that this court affirm the trial court's denial of relief pursuant to Rule 20, Rules of the Court of Criminal Appeals. We conclude that the state's motion is meritorious. Accordingly, we grant the state's motion and affirm the judgment of the lower court... On April 28, 2009, the petitioner, Travis A. Bledsoe, entered a guilty plea to second...http://www.plol.org/Pages/PublicDocument.aspx?d=nLDczvuumlAjIE1kDTqhkw%3d%3d&l=CasesTue, 18 May 2010 00:00:00 GMTA Shelby County jury convicted the petitioner, Uvautai Brooks, of one count of aggravated robbery and three counts of facilitation of aggravated robbery. The trial court sentenced the petitioner, as a Standard Range I Offender, to serve an effective ten-year sentence in the Tennessee Department of Correction. The petitioner filed for post-conviction relief alleging the ineffective assistance of counsel. The post-conviction court denied the petitioner's claim, and the petitioner appeals the...http://www.plol.org/Pages/PublicDocument.aspx?d=GfqIZRiIs8LuCqI6xTohUQ%3d%3d&l=CasesTue, 18 May 2010 00:00:00 GMTIn June 2005, a Shelby County jury convicted the petitioner, Timothy Hutson, of first degree murder, and he received a life sentence. The petitioner filed for post-conviction relief, arguing that his trial counsel provided ineffective assistance. Specifically, the petitioner alleges that trial counsel failed to provide timely information about a plea agreement, failed to develop a working relationship with the petitioner, and advised the petitioner to wear jail clothes rather than civilian...http://www.plol.org/Pages/PublicDocument.aspx?d=35z2KVT9nV8XfJSmXX%2f6JA%3d%3d&l=CasesMon, 17 May 2010 00:00:00 GMTA Madison County jury convicted the defendant, Rashad G. Robinson, of possession of contraband in a penal institution, a Class C felony, two counts of misdemeanor assault, Class A misdemeanors, and vandalism under $500, a Class A misdemeanor. The trial court sentenced the defendant to six years in the Tennessee Department of Correction for the felony conviction and eleven months, twenty-nine days in the county jail for each of the misdemeanor convictions. The court ordered the defendant to...http://www.plol.org/Pages/PublicDocument.aspx?d=VgzSA6i%2fz2iRRsYIFvK2xA%3d%3d&l=CasesMon, 17 May 2010 00:00:00 GMTThe defendant, Ricky Frith, was convicted by a Tipton County Circuit Court jury of burglary of a vehicle, a Class E felony, and was sentenced by the trial court as a career offender to six years in the Department of Correction. The sole issue the defendant raises on appeal is whether the evidence was sufficient to sustain his conviction. Following our review, we affirm the judgment of the trial court... FACTS... At approximately 10:00 p.m. on December 16, 2007, the victim, Gary Madison, was...http://www.plol.org/Pages/PublicDocument.aspx?d=S0XrZuEER6bDiniYqD6EOw%3d%3d&l=CasesMon, 17 May 2010 00:00:00 GMTA Sullivan County jury convicted the defendant, Joey Lee Goins, of facilitation of second degree murder and especially aggravated robbery. The defendant appeals, claiming that the trial court erred in excluding statements of certain witnesses. The defendant also appeals the court's failure to sequester the jury in light of the media coverage of the trial. Lastly, the defendant argues that the court erred in imposing the defendant's sentences consecutively to each other and to his unrelated...http://www.plol.org/Pages/PublicDocument.aspx?d=fMF%2fCFWlZxScMVYGa5bGzw%3d%3d&l=CasesMon, 17 May 2010 00:00:00 GMTThe Defendant, Charles Mandel Moss, alias Charles Mandell, alias Pookie Doo, was convicted of violation of the motor vehicle habitual offenders act, a Class E felony; possession of marijuana, a Class A misdemeanor; evading arrest, a Class A misdemeanor; violation of the seatbelt law, a Class C misdemeanor; and violation of the open container law, a Class C misdemeanor. The Defendant was sentenced to serve four years for violation of the motor vehicle habitual offenders act, eleven months and...http://www.plol.org/Pages/PublicDocument.aspx?d=xGbFFq5x7poLNMATp4SFcQ%3d%3d&l=CasesMon, 17 May 2010 00:00:00 GMTThis case involves the question of whether Appellee entities are partnerships under Tennessee law. Appellant appeals the trial court's order, which found that Appellee entities were not partnerships. Finding no error, we affirm... On June 28, 2004, Appellant Sherry Tanner ("Ms. Tanner") filed a complaint and request for restraining order in the Shelby County Chancery Court.1 The defendants named in the complaint were Norman Vann Thomas, Sr., Bill Koeneman, Bill Koeneman Construction...http://www.plol.org/Pages/PublicDocument.aspx?d=6ST5%2bKg%2bltUZ1r4U9pOofg%3d%3d&l=CasesMon, 17 May 2010 00:00:00 GMTThis is the second appeal in a divorce action. Husband appeals the division of marital property and the award of alimony in solido to Wife. In the 2005 Final Decree of Divorce, the trial court determined that the husband's shares of stock in the family business, which his parents gifted to him, were his separate property; however, the appreciation of that stock during the marriage, $1.7 million, was held to be marital property. The court awarded the wife 37.5 percent of the marital estate and...http://www.plol.org/Pages/PublicDocument.aspx?d=f45sRJfuZb7f8F60fsP3hw%3d%3d&l=CasesFri, 14 May 2010 00:00:00 GMTThe owners of a piece of commercial property brought an unlawful detainer action against a lessee who had stopped paying rent. The trial court issued a judgment of $33,450 against the lessee for past-due rent, followed by a writ of ejectment. After the lessee moved from the property, the owners sued to collect the rent due on the five-year lease and for damages to the property. The lessee argued that irregularities in the execution of the lease rendered it unenforceable. The trial court...http://www.plol.org/Pages/PublicDocument.aspx?d=ZPnaMB5kwOIV64sHeQl1ig%3d%3d&l=CasesFri, 14 May 2010 00:00:00 GMTWife appeals the entry of an order of protection against her. Because the order of protection has expired, the appeal is moot, and therefore, is dismissed... ... ... Stephanie L. Miller appeals a judgment of the Circuit Court for Hamilton County which entered an order of protection against her in favor of Robert J. Miller. On appeal, Ms. Miller contends that the trial court misapprehended her testimony in granting the order of protection... A review of the order assailed which was entered on...http://www.plol.org/Pages/PublicDocument.aspx?d=8SkMnD4JK97O1TIJQqmkyA%3d%3d&l=CasesFri, 14 May 2010 00:00:00 GMTThe pro se petitioner, Tony Scott Walker, appeals the dismissal of his petition for writ of error coram nobis, arguing that due process considerations should toll the statute of limitations and that he is entitled to error coram nobis relief on the basis of his discovery that one of the State's witnesses may have fabricated or falsified evidence at his trial. Following our review, we affirm the dismissal of the petition... FACTS... The petitioner was convicted of first degree felony murder for...http://www.plol.org/Pages/PublicDocument.aspx?d=PD7DSh4msDmsF%2fTdZMXOsw%3d%3d&l=CasesFri, 14 May 2010 00:00:00 GMTThe Defendant-Appellant, Darius L. Brown, entered eleven guilty pleas in five different cases in the Sullivan County Criminal Court. He received an effective nine-year sentence at thirty percent pursuant to his plea agreement, with the manner of service of his sentence to be determined by the trial court. On appeal, Brown argues that the trial court abused its discretion by denying an alternative sentence. Upon review, we affirm the trial court's judgments... FACTUAL BACKGROUND... Guilty Plea...http://www.plol.org/Pages/PublicDocument.aspx?d=LHloBLxFlrPh484LZ4b0Ag%3d%3d&l=CasesFri, 14 May 2010 00:00:00 GMTThe defendant, James Carlos Ward, appeals from his Davidson County Criminal Court jury convictions of two counts of especially aggravated kidnapping, see T.C.A. § 39-13-305, and two counts of aggravated robbery, see id. § 39-13-402. The defendant received an effective sentence of 45 years to serve in the Department of Correction as a Range II offender. On appeal, the defendant claims:... (1) the trial court erred in denying the defendant's pretrial motion to suppress a victim's...http://www.plol.org/Pages/PublicDocument.aspx?d=wdM92fhQba7XVj7f4Xz2lg%3d%3d&l=CasesFri, 14 May 2010 00:00:00 GMTThe Petitioner, Phedreck T. Davis, appeals the Davidson County Criminal Court's denial of his petition for post-conviction relief challenging his convictions for first degree murder, attempted second degree murder, and assault, for which he received an effective sentence of life imprisonment plus fifteen years. See State v. Phedrek T. Davis, No. M2006-00198-CCA-R3-CD, Davidson County, slip op. (Tenn. Crim. App. July 19, 2007), aff'd, 266 S.W.3d 896 (Tenn. 2008), cert. denied, ___ U.S. ___, 129...http://www.plol.org/Pages/PublicDocument.aspx?d=uPtHWmz%2fEMoID0ym7OyiIg%3d%3d&l=CasesFri, 14 May 2010 00:00:00 GMTThe Defendant, Andre Alexander Smith, was tried before a jury on an indictment charging one count of first degree felony murder. He was found guilty of one count of the lesser-included offense of voluntary manslaughter. In this appeal, the Defendant contends that (1) the trial court erred in upholding the State's use of peremptory challenges under Batson v. Kentucky, 476 U.S. 79 (1986); (2) the State presented evidence insufficient to convict him of voluntary manslaughter; and (3) the trial...http://www.plol.org/Pages/PublicDocument.aspx?d=%2b98LbDX%2bRus77XNjzRHQbw%3d%3d&l=CasesFri, 14 May 2010 00:00:00 GMTThe Defendant, Charles Williams, was convicted by a Shelby County Criminal Court jury of first degree felony murder and especially aggravated robbery, a Class A felony. Following a sentencing hearing, the trial court sentenced the Defendant as a Range I standard offender to consecutive sentences of life and fifteen years for the felony murder and especially aggravated robbery convictions, respectively. In this appeal as of right, the Defendant contends that (1) the trial court erred in denying...http://www.plol.org/Pages/PublicDocument.aspx?d=1gKdy1BJG3t%2bR%2b7AKLov9w%3d%3d&l=CasesThu, 13 May 2010 00:00:00 GMTThe petitioner, Author Ray Turner, claims that the habeas corpus court erred in summarily dismissing his petition for writ for habeas corpus relief. The petition claims that his sentence is illegal because his release eligibility of 30 percent violates statutory law requiring that he served 100 percent of his sentence as a "multiple rapist." See T.C.A. § 39-13-523 (Supp. 1994). We agree that the defendant's aggravated rape sentences are illegal and that the habeas corpus court...http://www.plol.org/Pages/PublicDocument.aspx?d=B0%2bAje%2fmZekma2oL0LdW6w%3d%3d&l=CasesThu, 13 May 2010 00:00:00 GMTThe Davidson County Grand Jury indicted Appellant, Gary Vincent Elmore, for one count of statutory rape. Appellant entered a best interest plea to the offense as charged with the provision that he would serve a sentence of one year on probation and that the trial court would hold a hearing to consider his eligibility for judicial diversion. At the hearing, Appellant testified that he had previously been convicted of driving under the influence ("DUI") in Kentucky. His testimony was the...http://www.plol.org/Pages/PublicDocument.aspx?d=kLQooBy7u9umNuMqF44QNw%3d%3d&l=CasesThu, 13 May 2010 00:00:00 GMTThe petitioner, Ronald Dotson, appeals the denial of post-conviction relief by the Shelby County Criminal Court. The petitioner was convicted of two counts of aggravated robbery, a Class B felony. As a repeat violent offender, the petitioner received consecutive sentences of life without parole. These sentences were ordered to be served consecutively to another unrelated set of aggravated robberies for which the petitioner was sentenced to life without parole. In this appeal, the petitioner...http://www.plol.org/Pages/PublicDocument.aspx?d=xW8ArneH8AcUyHJ5O%2faBaA%3d%3d&l=CasesThu, 13 May 2010 00:00:00 GMTThe Defendant, Steve Fredrick Rickett,1 appeals his conviction by a jury in the Knox County Criminal Court for second degree murder for which he was sentenced as a Range I, violent offender to sixteen years in the Department of Correction. The Defendant contends the following: (1) the evidence was insufficient to support his conviction, (2) the trial court erred in allowing expert witness testimony because the Defendant received inadequate notice of the scope of the expert's testimony and in...http://www.plol.org/Pages/PublicDocument.aspx?d=nwlm%2fl5Mzy8Hwp%2bQUrJZDA%3d%3d&l=CasesThu, 13 May 2010 00:00:00 GMTThe defendant, Kenneth Ross Jackson, appeals the denial of judicial diversion from the Hamilton County Criminal Court. He entered pleas of guilty to theft of property in excess of $1000, a Class D felony; filing a false report to a law enforcement officer, a Class D felony; and theft of property under $500, a Class A misdemeanor. He was sentenced as a Range I offender to concurrent terms of two years, suspended to supervised probation for both Class D felony convictions. He was sentenced to a...http://www.plol.org/Pages/PublicDocument.aspx?d=gwFJT1EQP465h6e8MJVv2A%3d%3d&l=CasesThu, 13 May 2010 00:00:00 GMTThe Defendant, Ket T. Voun, a Cambodian native, was convicted, upon his guilty pleas, of aggravated robbery and facilitation of second degree murder. Following a sentencing hearing, the Davidson County Criminal Court ordered him to serve his eight-year sentence for facilitation of second degree murder in total confinement. He now appeals, arguing that, due to his likely deportation for these crimes, a probationary sentence was warranted. After a review of the record, we affirm the sentencing...http://www.plol.org/Pages/PublicDocument.aspx?d=4Z7Z4Rt1O8Qdx0VoqeVqHg%3d%3d&l=CasesThu, 13 May 2010 00:00:00 GMTAnne Dowd and Ferrell Ervin filed a motion to intervene and to stay the distribution of the estate of Cleo M. Snapp, claiming they were heirs of the estate. Ms. Dowd asserted that she was the non-marital child of Thomas Ervin, a brother of Ms. Snapp, and Mr. Ervin asserted that his father, Ben Ervin, was the non-marital child of Thomas Ervin. The executrix of the estate responded by filing a motion to deny their claims. After a hearing, the trial court granted the executrix's motion to deny the...http://www.plol.org/Pages/PublicDocument.aspx?d=zzn8m7%2ftcjrCTvyZrd5F3g%3d%3d&l=CasesThu, 13 May 2010 00:00:00 GMTThis appeal concerns a primary lien holder's security interest in certain real property following a foreclosure sale and the obligation of a third-party purchaser of the foreclosed property to remit to the lien holder rents collected after notice of mortgage acceleration. The plaintiff contended that the defendant bank was not entitled to claim priority for any additional indebtedness above the original principal amount stipulated in the Deed of Trust, plus interest and attorney's fees. The...http://www.plol.org/Pages/PublicDocument.aspx?d=j78YUDZ1kKqH6WwEC18AdQ%3d%3d&l=CasesThu, 13 May 2010 00:00:00 GMTThis case in on appeal for the second time after remand for determination of the defendant's request for attorney's fees, costs, and expenses. The defendant challenges the sufficiency of the trial court's award. After reviewing the record, we reverse in part and affirm in part the trial court's judgment... I. BACKGROUND... This matter returns to this court following a remand to the trial court. While the present appeal relates only to attorney's fees, costs, and expenses ("fees"), the...http://www.plol.org/Pages/PublicDocument.aspx?d=N8FPftKiCl3QQMfecXDdqw%3d%3d&l=CasesThu, 13 May 2010 00:00:00 GMTPursuant to Tennessee Supreme Court Rule 51, 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. The employee fell from a platform at work. The injury was accepted by his employer as compensable. After a period of medical treatment, the authorized physicians released the employee to return to work with no permanent impairment or restrictions. The employee sought medical...http://www.plol.org/Pages/PublicDocument.aspx?d=B5MLQxT8xs3XTRpu6r36kQ%3d%3d&l=CasesThu, 13 May 2010 00:00:00 GMTThis is a condemnation case in which the City of Brentwood acquired 0.72 acres of land by eminent domain for the purpose of constructing a 2.5 million gallon water tank. Following a trial, the jury awarded $43,200 for the value of the land taken and $194,850 for the incidental damages to the remainder of the property. The City's ability to take the land and the amount awarded for the value of the land taken is not in question; rather, the City appeals the amount of incidental damages awarded....http://www.plol.org/Pages/PublicDocument.aspx?d=BpPQa0Ag7yYA84NuK69WPg%3d%3d&l=CasesThu, 13 May 2010 00:00:00 GMTPlaintiff brought this action, asserting that defendants were constructing a fence which impacted on her driveway right-of-way, and sought an injunction against the construction of the fence. The Trial Court determined the fence was being constructed on defendants' property and denied plaintiff relief. However, the Trial Court also determined that the fence served no useful purpose, and suggested it was a spite fence. Plaintiff has appealed. On appeal, we affirm the Trial Judge as modified, the...http://www.plol.org/Pages/PublicDocument.aspx?d=AAGGebc2Gt4sAgLAx3kcxg%3d%3d&l=CasesWed, 12 May 2010 00:00:00 GMTThe parties each own a one-half undivided interest in property previously used as medical offices. MBC filed a complaint for partition and sale, which the trial court granted, finding that the property could not be partitioned in kind and that it was to the parties' advantage to sell it. Dr. Couch appeals, and we affirm... ... ... I. FACTS & PROCEDURAL HISTORY... Dr. Billy Couch acquired a one-half undivided interest in real property located at 3519 Chere Carol Rd., Humboldt, Tennessee (the...http://www.plol.org/Pages/PublicDocument.aspx?d=G%2bCOqvDrPyb1mQyd6Rccdg%3d%3d&l=CasesWed, 12 May 2010 00:00:00 GMTFather appeals the trial court's termination of his parental rights. Finding that Father was in substantial non-compliance with the permanency plan and that termination was in the child's best interest, the court's decision is affirmed... I. Factual and Procedural History... M. L. ("Father") was living with H. J. ("Mother") and her parents when he was arrested for selling drugs;1 Mother was pregnant with Father's child at the time of Father's arrest.2 Father was subsequently...http://www.plol.org/Pages/PublicDocument.aspx?d=PoTzEET9ACPfyQqR%2fhuUdA%3d%3d&l=CasesWed, 12 May 2010 00:00:00 GMTA Knox County Criminal Court jury convicted the defendant, Marvin J. Hill, of first degree premeditated murder, see T.C.A. § 39-13-202 (2003), and abuse of a corpse, see id. § 39-173-12. The trial court imposed sentences of life imprisonment and six years, respectively, and ordered the sentences to be served concurrently for an effective sentence of life in prison. In this appeal, the defendant argues that the trial court should have suppressed bodily fluids obtained from the victim's...http://www.plol.org/Pages/PublicDocument.aspx?d=r1HvawuUBU%2f2aHiQc%2fm8iA%3d%3d&l=CasesWed, 12 May 2010 00:00:00 GMTA Davidson County jury convicted the Petitioner, Levi Battle, III, of possession of twenty-six grams or more of cocaine with intent to sell or deliver, and the trial court sentenced him as a career offender to thirty years in the Tennessee Department of Correction. On direct appeal, the Petitioner challenged the denial of his motion to suppress, and we affirmed the trial court's judgment. State v. Levi Battle, III, No. M2006-00288-CCA-R3-CD, 2007 WL 957207, at *1 (Tenn. Crim. App., at...http://www.plol.org/Pages/PublicDocument.aspx?d=y17VjyLIz1TUWVHBnkrrLw%3d%3d&l=CasesWed, 12 May 2010 00:00:00 GMTThe Defendant, Jonathan Jasper Smith, entered guilty pleas in the Sullivan County Circuit Court to one count of attempting to obtain narcotics by fraud, a Class D felony, and one count of possession of drug paraphernalia, a Class A misdemeanor. Pursuant to the plea agreement, the Defendant received concurrent sentences of two years as a Range I, standard offender, and eleven months twenty-nine days, respectively. In a separate case, the Defendant pled guilty to violation of a habitual traffic...http://www.plol.org/Pages/PublicDocument.aspx?d=8frd%2bPkzJ5Ud2VPwR5G5%2fA%3d%3d&l=CasesWed, 12 May 2010 00:00:00 GMTThe Petitioner, Thomas T. Nicholson, appeals the denial of post-conviction relief in the Criminal Court for Loudon County from his conviction upon a plea of nolo contendere to sexual battery by an authority figure, a Class C felony, for which he received a six-year sentence in the Department of Correction. On appeal, the Petitioner contends that he received the ineffective assistance of counsel and that as a result, his plea was not voluntarily, knowingly, or intelligently entered. We hold that...http://www.plol.org/Pages/PublicDocument.aspx?d=rtuwvxuIi%2bwUu1lHKHOv%2fQ%3d%3d&l=CasesWed, 12 May 2010 00:00:00 GMTThe Warren County Grand Jury indicted Appellant, Andy McAmis, for one count of aggravated assault in connection with a fight. After a jury trial, Appellant was found guilty of reckless aggravated assault. The trial court sentenced Appellant to eight years as a Range I, standard offender. On appeal, Appellant argues that the evidence was insufficient to support his conviction and to rebut his assertion of the affirmative defense of self-defense; the trial court erred in denying his motion for...http://www.plol.org/Pages/PublicDocument.aspx?d=SD08E%2brTv%2bdEkvEkydMO9A%3d%3d&l=CasesWed, 12 May 2010 00:00:00 GMTThe Defendant, Jason Lee White, was convicted by a jury of one count of burglary, one count of aggravated robbery, and one count of especially aggravated kidnapping. In this direct appeal, he contends that the trial court erred: (1) in denying his motion to set aside his conviction for especially aggravated kidnapping; and (2) in upholding the State's use of a peremptory challenge under Batson v. Kentucky, 476 U.S. 79 (1986). After our review, we reverse and dismiss the Defendant's especially...http://www.plol.org/Pages/PublicDocument.aspx?d=962XCG6KVRiJFXR9mW1qEg%3d%3d&l=CasesWed, 12 May 2010 00:00:00 GMTThe petitioner, Christina Kay Deering, appeals from the Jefferson County Circuit Court's dismissal of a petition for post-conviction relief filed on her behalf by her mother, Melissa Deering. The State has moved to have this court summarily affirm the dismissal pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. We grant the motion and affirm the order of dismissal pursuant to Rule 20... On November 26, 2008, the petitioner's mother, Melissa Deering, filed a petition for...http://www.plol.org/Pages/PublicDocument.aspx?d=H7vvmomPGxFh9DmzBLdjXQ%3d%3d&l=CasesTue, 11 May 2010 00:00:00 GMTThe Defendant, Brittany Scott Pye, was convicted by a Maury County jury of sale of... 5 grams or more of cocaine, a Class B felony. See Tenn. Code Ann. § 39-17-417. Following a sentencing hearing, the trial court imposed a fifteen-year sentence for this conviction, which was ordered to be served consecutively to two prior sentences. In this direct appeal, the Defendant challenges only the imposition of consecutive sentences. After a review of the record, we affirm the judgment of the trial...http://www.plol.org/Pages/PublicDocument.aspx?d=lavp3SSn24UaXHGsZlss4g%3d%3d&l=CasesTue, 11 May 2010 00:00:00 GMTA Shelby County jury found the defendant, Joseph Pollard, guilty of first degree murder, attempted voluntary manslaughter, a Class D felony, and aggravated assault, a Class C felony. He received a life sentence for his first degree murder conviction, two years as a standard offender for attempted voluntary manslaughter, and three years as a standard offender for aggravated assault, to be served concurrently in the Tennessee Department of Correction. On appeal, the defendant argues that the...http://www.plol.org/Pages/PublicDocument.aspx?d=C%2bJ7EDme2kDgwoV8Qpfxzg%3d%3d&l=CasesTue, 11 May 2010 00:00:00 GMTThe Defendant was indicted for sale and delivery of less than... 5 grams of a Schedule II controlled substance, both Class C felonies. A jury acquitted the Defendant of the sale of a Schedule II controlled substance but convicted him of the lesser-included offense of simple possession or casual exchange of a Schedule II controlled substance. The jury also convicted the Defendant of delivery of a Schedule II controlled substance. The trial court sentenced the Defendant as a career offender to...http://www.plol.org/Pages/PublicDocument.aspx?d=63TCBEvsy%2bvMpt8FhvN%2fDA%3d%3d&l=CasesTue, 11 May 2010 00:00:00 GMTPetitioners challenge a mosquito spraying plan adopted by a local board of health alleging that it violates an ordinance on the same subject. Dismissal by the trial court is affirmed since there is no conflict between the plan and ordinance and petitioners fail to allege a legally cognizable ground to challenge the plan since dissatisfaction with the plan is not sufficient... ... ... On June 2, 2008, petitioners filed a Petition for Writ of Certiorari and Supersedeas challenging the April 2008...http://www.plol.org/Pages/PublicDocument.aspx?d=n%2bHdm31KkWqQ%2f4FJrxsyuw%3d%3d&l=CasesTue, 11 May 2010 00:00:00 GMTThe Department of Children's Services brought this action to sever the parental rights of the mother to her three minor children. As the case developed, the sole ground for termination relied upon by the Department was the mother's conviction for violation of Tenn. Code. Ann. §39-15-402, concerning child abuse. However, this particular statute is not listed as the grounds for termination in Tenn. Code Ann. §37-1-102(C). The Trial Court terminated the parental rights based upon her...http://www.plol.org/Pages/PublicDocument.aspx?d=ldDCyf8IrJGvhhshXaJ0yw%3d%3d&l=CasesTue, 11 May 2010 00:00:00 GMTThis workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. § 50-6-225(e)(3) (2008) for a hearing and a report of findings of fact and conclusions of law. After developing an allergy to latex, a hospital employee filed a claim for workers' compensation benefits in the Chancery Court for Davidson County. While the case was pending, the trial court declined to require the employee to submit to...http://www.plol.org/Pages/PublicDocument.aspx?d=4Uv8hqlnrBrq7l6YTdsGug%3d%3d&l=CasesTue, 11 May 2010 00:00:00 GMTThis is an appeal in a civil rights action filed by the Appellant, a pro se litigant. During the course of the proceedings, the Appellant was incarcerated. The trial court involuntarily dismissed the Appellant's claim pursuant to Tennessee Rule of Civil Procedure 41.02 upon finding that the Appellant failed to prosecute his case. The Appellant appeals the dismissal. Finding that the trial court failed to rule on several of the Appellant's motions and objections, we reverse the trial court's...http://www.plol.org/Pages/PublicDocument.aspx?d=XoWPJuMpPZjGfzLuxq20kg%3d%3d&l=CasesMon, 10 May 2010 00:00:00 GMTWe granted appeal to determine whether a trial court may grant an intervening adoption petition pursuant to Tennessee Code Annotated section 36-1-116(f)(1) when the intervening petitioners did not have physical custody or the right to receive physical custody of the child sought to be adopted at the time they filed their petition. The maternal grandparents petitioned to adopt the child, who was in their physical custody, and the paternal grandparents filed an intervening adoption petition....http://www.plol.org/Pages/PublicDocument.aspx?d=AjF9rvnElMPaL56wy9CWeA%3d%3d&l=CasesMon, 10 May 2010 00:00:00 GMTThe Defendant, Antonio Santial Jones, appeals his conviction by a jury in the Davidson County Criminal Court for second degree murder, a Class A felony, for which he was sentenced as a Range I, violent offender to twenty-two years in the Department of Correction. The Defendant contends that the evidence was insufficient to support his conviction and that the testimony of two witnesses should have been considered accomplice testimony, requiring independent corroboration. We affirm the judgment...http://www.plol.org/Pages/PublicDocument.aspx?d=qpYBfX3tFuXQ3nA2BMC5JA%3d%3d&l=CasesMon, 10 May 2010 00:00:00 GMTA Campbell County Criminal Court Jury found the appellant, Crystal Miranda Kirby, guilty of the first degree premeditated murder, second degree murder, and especially aggravated robbery of Jonathan Pierce. The trial court imposed concurrent sentences of life, twenty-one years, and eighteen years, respectively. On appeal, the appellant challenges the trial court's pretrial ruling on the admissibility of a statement she made in the course of plea negotiations and the sufficiency of the evidence...http://www.plol.org/Pages/PublicDocument.aspx?d=rpg%2b01%2f52qOP1y2auPqyvQ%3d%3d&l=CasesFri, 07 May 2010 00:00:00 GMTThe defendant, Johnny Tate, was convicted by a Shelby County jury of two counts of especially aggravated kidnapping, Class A felonies; two counts of aggravated robbery, Class B felonies; and aggravated burglary, a Class C felony. He was subsequently sentenced to two sentences of life without parole, to two sentences of twelve years, and to a sentence of six years for the respective convictions. Further, the trial court ordered that the two sentences of life be served consecutively to each...http://www.plol.org/Pages/PublicDocument.aspx?d=LIq4041oWuf7IhepZNdTcw%3d%3d&l=CasesFri, 07 May 2010 00:00:00 GMTThe defendant, Abron Spraggins, was convicted by a Shelby County Criminal Court jury of aggravated assault, a Class C felony, and reckless endangerment with a deadly weapon, a Class E felony, and was sentenced by the trial court to an effective term of thirteen years in the Department of Correction. The defendant raises three issues on appeal: (1) whether the trial court committed plain error by instructing the jury that felony reckless endangerment was a lesser-included offense of aggravated...http://www.plol.org/Pages/PublicDocument.aspx?d=zcMX4nczdAa5oHwzpXnugw%3d%3d&l=CasesFri, 07 May 2010 00:00:00 GMTThe Defendant, Ronald Dillman, Jr., was convicted of especially aggravated burglary, a Class B felony, aggravated assault, a Class C felony, robbery, a Class C felony, attempted aggravated assault, a Class D felony, and assault, a Class A misdemeanor. He was sentenced as a Range II, multiple offender to serve eighteen years for especially aggravated burglary, eight years for aggravated assault, eight years for robbery, and five years for attempted aggravated assault. He was sentenced to serve...http://www.plol.org/Pages/PublicDocument.aspx?d=2RxrLANxqqN84nnvFK3j%2fw%3d%3d&l=CasesFri, 07 May 2010 00:00:00 GMTShortly after their marriage, both Husband and Wife filed complaints for divorce. The trial court found both parties guilty of inappropriate marital conduct and granted a divorce. Husband raises numerous issues on appeal. We affirm... ... ... I. FACTS & PROCEDURAL HISTORY... Sarah Elizabeth Palmer ("Wife")1 and Michael Howard Palmer ("Husband") were married in Sevier County, Tennessee, on April 26, 2008. The parties separated on October 28, 2008, and Wife filed a "Complaint...http://www.plol.org/Pages/PublicDocument.aspx?d=eKryYf1CWav8ANVZ62z8lg%3d%3d&l=CasesFri, 07 May 2010 00:00:00 GMTWe granted permission to appeal in this habeas corpus case to address the legality of a plea-bargained sentence requiring the defendant, being sentenced for two cocaine offenses committed in a school zone, to serve twenty-two years of a Range I sentence at "100%." The defendant alleges that his sentence is illegal because it makes no provision for the possibility of early release on parole. The trial court denied relief. On appeal, the Court of Criminal Appeals reversed the trial court...http://www.plol.org/Pages/PublicDocument.aspx?d=oCFB%2faVi%2fdz43aBWNbIPNw%3d%3d&l=CasesFri, 07 May 2010 00:00:00 GMTThis is an action for negligence and wrongful death filed against a nursing home by the administrator of decedent patient's estate. The trial court denied Defendant nursing home's motion to dismiss or, in the alternative, for summary judgment upon finding decedent patient was not competent to execute the power of attorney pursuant to which decedent's daughter had executed an arbitration agreement with Defendant. Defendant appeals. We dismiss the appeal for lack of jurisdiction... This appeal...http://www.plol.org/Pages/PublicDocument.aspx?d=myGFdBpmMsXYQU%2bsIZvqLQ%3d%3d&l=CasesFri, 07 May 2010 00:00:00 GMTWhile cohabitating with Appellant, Mother gave birth to a child, and shortly thereafter, Appellant acknowledged paternity. Several years later, a DNA test allegedly indicated that Appellant was not the child's biological father. After receiving the DNA test results, Appellant waited more than two years to file a petition to disestablish paternity, which the juvenile court denied. Because Appellant failed to file his petition for Rule 60.02 relief "within a reasonable time," we affirm...http://www.plol.org/Pages/PublicDocument.aspx?d=J5qJ1iVD8RgfFu3mARx7%2bg%3d%3d&l=CasesFri, 07 May 2010 00:00:00 GMTJames W. Gentry, Jr., Margaret A. Gentry ("the Gentrys"), Paul Mallchok, and Lowrance Mallchok1 sued Todd Clark McCain, Christy McCain ("the McCains"), and the City of Chattanooga ("the City") seeking, in part, a declaration of ownership with regard to a right-of-way known as Manchester Avenue, and a restraining order preventing the McCains from entering the right-of-way. After a hearing, the Trial Court denied the Gentrys' request for a temporary injunction to bar the...http://www.plol.org/Pages/PublicDocument.aspx?d=oVg4Y3AmbNbPgctlcBfxgw%3d%3d&l=CasesThu, 06 May 2010 00:00:00 GMTThis is an appeal from the Trial Court's refusal to terminate the parental rights of Rickie T. ("Father") to his one year old daughter, Anna S. (the "Child"). In June 2008, Rebecca S. ("Mother") became pregnant with the Child. Several months before the Child was born, Mother terminated all communication with Father, notwithstanding Father's numerous attempts to remain in contact with Mother. Shortly after Mother gave birth, she saw Father's sister at a store and told her...http://www.plol.org/Pages/PublicDocument.aspx?d=c1PJ52ekRKdzg7%2bLcleqeQ%3d%3d&l=CasesThu, 06 May 2010 00:00:00 GMTThis case involves an appeal from a judgment entered by a city court following a traffic citation. The circuit court found that the defendant had not violated the city ordinance alleged to have been violated, but the court sua sponte determined that the defendant had violated a different city ordinance. The defendant appeals. We reverse and remand... ... ... I. FACTS & PROCEDURAL HISTORY... Thomas Norton was issued a traffic citation after he was involved in an automobile accident in...http://www.plol.org/Pages/PublicDocument.aspx?d=rf7pcxrXmBiHvAMEGivOWw%3d%3d&l=CasesThu, 06 May 2010 00:00:00 GMTDefendant appeals the trial court's order denying her motion to transfer the case based on the relocation of the parties. We dismiss the appeal for lack of a final judgment... This appeal arises from a divorce action. Jeffrey Allen Welty (Mr. Welty) and Kimberly Dawn Welty (Ms. Welty) were married in May 2004 in Hardin County. In December 2005, Ms. Welty left the marital home and returned to her parents' home in Milan, Tennessee. In January 2006, the parties' minor child was born and in May...http://www.plol.org/Pages/PublicDocument.aspx?d=R0TIXgtDvpuJkRIAAEt0rw%3d%3d&l=CasesWed, 05 May 2010 00:00:00 GMTThe defendant, Johnathan Norman, appeals the trial court's denial of his motion to withdraw guilty pleas that he entered to charges of (1) being a convicted felon in possession of a handgun, a Class E felony, and (2) unlawful possession of a controlled substance (marijuana), a Class A misdemeanor. After careful review, we conclude that the defendant's motion to withdraw his pleas was not timely, and we affirm the judgments from the trial court... When the defendant was arrested on June 22,...http://www.plol.org/Pages/PublicDocument.aspx?d=ExiBafZHNz%2fX9UG7KwQSyQ%3d%3d&l=CasesWed, 05 May 2010 00:00:00 GMTThis is the second appeal from the Trial Court's altering the custodial arrangement of the parties' minor child. In the first trial, the Trial Court excluded testimony of the child's stepfather, on the grounds that the mother had not properly noticed the Court and party that the stepfather was a witness. On the first appeal, this Court remanded this case to the Trial Court and directed that the stepfather's testimony be allowed. On remand, the stepfather testified at length, but it was revealed...http://www.plol.org/Pages/PublicDocument.aspx?d=WAruRZaWN9wprHVtJs6uew%3d%3d&l=CasesTue, 04 May 2010 00:00:00 GMTPetitioner, a prisoner, filed a Common Law Writ of Certiorari in the Chancery Court, alleging that he had been illegally disciplined while incarcerated. Respondents agreed that the writ should be granted and thereafter they filed a Motion to Dismiss the action. The Trial Judge dismissed the writ and petitioner has appealed. On appeal, petitioner argues that the allegations set forth in his petition must be taken as true under the Rules of Civil Procedure. The factual allegations pled by...http://www.plol.org/Pages/PublicDocument.aspx?d=rwXrRUBRt5No%2bZfZmzapHQ%3d%3d&l=CasesTue, 04 May 2010 00:00:00 GMTWe granted permission to appeal in this case in order to consider whether Tennessee Rule of Criminal Procedure 33 permits a defendant to amend his motion for new trial after the hearing on the initial motion has been conducted and an order denying the motion has been entered. In this case, newly-appointed defense counsel filed several pleadings seeking to add grounds in support of a new trial after the hearing on the original motion for new trial had been held and an order denying a new trial...http://www.plol.org/Pages/PublicDocument.aspx?d=lbk4vXjJU4otunyEGB%2fP7w%3d%3d&l=CasesTue, 04 May 2010 00:00:00 GMTThis is a divorce case. Father/Appellant appeals the trial court's decision to designate Mother/Appellee the primary residential parent of the parties' two minor children, and the trial court's refusal to enter an order restraining the Mother's paramour from being around the children. This Court concludes that the evidence does not preponderate against the trial court's factual findings, and that the custody decision is not contrary to the children's best interests. We affirm the judgment of...http://www.plol.org/Pages/PublicDocument.aspx?d=B27gLCN77HOf7KLPJJmunQ%3d%3d&l=CasesMon, 03 May 2010 00:00:00 GMTCole Bryan Howell, III ("the Grandson"), is the son of Cole Bryan Howell, Jr. ("the Father"), who in turn is the son of Margaret Lyons Howell ("the Grandmother"). The Grandson inherited stock in Howell Nurseries, Inc. ("the Nursery") through the Grandmother's will, which left a block of stock to the Father for life and then to the Father's children. After the Father's death, the Grandson filed this stockholder's derivative action against all persons who acted as...http://www.plol.org/Pages/PublicDocument.aspx?d=dnwJay52bI7sR%2bUD6DTykA%3d%3d&l=CasesFri, 30 Apr 2010 00:00:00 GMTShawn R. Wilmoth ("the Buyer") approached Jimmy E. Holt about buying a building Mr. Holt owned jointly with his wife Betty L. Holt (collectively "the Sellers"). The Sellers advised they were only willing to sell the building if they could also sell the inventory from their lamp business that was stored in the building. The Buyer agreed to purchase the building and the inventory. The purchase of the inventory was accomplished through a promissory note in the amount of $250,000....http://www.plol.org/Pages/PublicDocument.aspx?d=lb2O%2frej1OSNURF1DLK5Wg%3d%3d&l=CasesFri, 30 Apr 2010 00:00:00 GMTRachel M. Clawson ("the Decedent") was an employee of Summers-Taylor, Inc. ("the Employer") when she was killed in a tragic automobile-pedestrian accident. A vehicle driven by Michael Burrow veered off Highway 91 in Carter County and struck her. She had concluded her job duties for the day and was at the rear of her personally-owned truck visiting with co-workers and talking on a cell phone. The Decedent's truck was parked on the side of Highway 91 in an area approved by the...http://www.plol.org/Pages/PublicDocument.aspx?d=HBnxHZeL8zyUpeu%2bfVjvZg%3d%3d&l=CasesFri, 30 Apr 2010 00:00:00 GMTAppellant/Father appeals from the trial court's finding that he was in contempt for failure to pay child support. After reviewing the record, we find that the evidence preponderates against the trial court's findings of fact. The trial court's finding of contempt is reversed... On June 9, 2008, the Appellee, State of Tennessee ex rel. Misty Murphy (the "State") filed a Petition for Contempt against Appellant, Nicholas A. Franks ("Mr. Franks") in the Juvenile Court of Lauderdale...http://www.plol.org/Pages/PublicDocument.aspx?d=khz5eIRAaOP8%2fsl2oPcsvA%3d%3d&l=CasesFri, 30 Apr 2010 00:00:00 GMTStephen S. Patterson, II, filed a complaint against SunTrust Bank arising out of unauthorized charges made against his checking account with a debit card alleged to have been stolen. When SunTrust failed to timely respond to the complaint, Patterson moved for a default judgment. Following a hearing and the filing of briefs, the trial court granted the motion. The court later denied SunTrust's motion for relief from the court's order, which order recited that "[t]he plaintiff is granted a...http://www.plol.org/Pages/PublicDocument.aspx?d=Xpqw9Nu4liV3l%2f1u3uzaZw%3d%3d&l=CasesFri, 30 Apr 2010 00:00:00 GMTMother and Father filed separate petitions to modify custody, both alleging a different material change of circumstances. The trial court entered a new parenting plan with custody provisions identical to those in a former parenting plan, but it failed to issue findings of fact and conclusions of law. Because the trial court failed to meet the requirements of Tennessee Rule of Civil Procedure 52.01, we vacate the judgment and remand for further proceedings... ... ... I. FACTS & PROCEDURAL...http://www.plol.org/Pages/PublicDocument.aspx?d=AOVH17o%2fcfy4PA1E6Jw6nw%3d%3d&l=CasesFri, 30 Apr 2010 00:00:00 GMTThis appeal concerns a billboard permit. The petitioner billboard owner applied to the respondent city for a permit to tear down and replace a grandfathered billboard. The city granted a permit for an indirectly illuminated billboard. The owner then built a billboard with a digital display face. The city revoked the owner's permit because, inter alia, the sign actually constructed varied from the permit. The owner appealed to the city's board of zoning appeals, which upheld the city's...http://www.plol.org/Pages/PublicDocument.aspx?d=qyCDJ6mgzplvwLJwoJZMqA%3d%3d&l=CasesFri, 30 Apr 2010 00:00:00 GMTA Campbell County Criminal Court jury convicted the appellant, Clois Dean Asbury, of driving under the influence of an intoxicant (DUI), sixth offense, and violating the Tennessee implied consent law. On appeal, the appellant contends that (1) there was insufficient evidence to convict him on either count because he was not specifically identified in court, and (2) the trial court's admission of the appellant's medical records, which revealed the appellant had a blood alcohol content level of...http://www.plol.org/Pages/PublicDocument.aspx?d=4HQhP%2faRAGgc8nAOuwlYdA%3d%3d&l=CasesFri, 30 Apr 2010 00:00:00 GMTThe petitioner, Jamie Bailey, appeals the denial of his petition for post-conviction relief from his three first degree murder convictions, arguing that he was denied the effective assistance of counsel and that his guilty pleas were therefore unknowing and involuntary. Following our review, we affirm the denial of the petition... FACTS... In April 2002, the petitioner was indicted by the Dyer County Grand Jury for three counts of first degree premeditated murder based on his actions of October...http://www.plol.org/Pages/PublicDocument.aspx?d=g%2bgyQT4QbBA7nB7aqXpsmA%3d%3d&l=CasesThu, 29 Apr 2010 00:00:00 GMTThe defendant, Larquietta Taylor-Fisher, pled guilty in the Shelby County Criminal Court to DUI, first offense, a Class A misdemeanor; leaving the scene of an accident, a Class B misdemeanor; and three counts of reckless aggravated assault, a Class D felony, and was sentenced by the trial court to an effective sentence of two years, with thirty days to serve and the remainder of the time on supervised probation. In a timely appeal to this court, she argues that the trial court abused its...http://www.plol.org/Pages/PublicDocument.aspx?d=0Z1sWcRQvcortjsXPet7cw%3d%3d&l=CasesThu, 29 Apr 2010 00:00:00 GMTOn August 10, 2001, Petitioner, Matthew Melton Jackson, pled guilty in Sumner County Circuit Court to four counts of aggravated robbery. The trial court sentenced Appellant to four, ten-year sentences to be served concurrently with each other, but consecutively to a previous sentence. On August 7, 2009, Petitioner filed a Petition for Post-conviction Relief arguing that a decision of this Court rendered after the entry of his guilty plea created a constitutional right that should be given...http://www.plol.org/Pages/PublicDocument.aspx?d=gQh0CgHEVP7nsBUIlvfhrw%3d%3d&l=CasesThu, 29 Apr 2010 00:00:00 GMTPetitioner, Quantraveous Williams, appeals the post-conviction court's dismissal of his post-conviction petition in which Petitioner alleged that he received the ineffective assistance of counsel in connection with the entry of his pleas of guilty and that his pleas of guilty were not entered into voluntarily or knowingly. After a through review, we affirm the judgment of the post-conviction court... I. Background... Petitioner was indicted in case no. 2006-D-3154 for aggravated burglary, a...http://www.plol.org/Pages/PublicDocument.aspx?d=CCOmsg9oFLJiVy8Z%2bcHRFw%3d%3d&l=CasesThu, 29 Apr 2010 00:00:00 GMTThe Defendant, Shannon Gene Taylor, appeals the revocation of his probation by the Circuit Court of Coffee County. The State has filed a motion requesting that this Court affirm the judgment of the trial court pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. After our review, we grant the State's motion and affirm the judgment of the trial court... The Defendant pleaded guilty to three counts of burglary of a motor vehicle and was sentenced, on January 8, 2007, to four years...http://www.plol.org/Pages/PublicDocument.aspx?d=4xRazUgN6tNbFQRLrle2%2fw%3d%3d&l=CasesThu, 29 Apr 2010 00:00:00 GMTThis appeal arises out of the disciplinary conviction of a prisoner for drug possession. The prisoner filed a petition for writ of certiorari with the chancery court seeking to review the actions of the prison disciplinary board. The chancery court issued the writ and determined that the prisoner was not entitled to relief. We affirm... I. Background and Procedural History... The appellant, Jeremy White, is an inmate in the custody of the Tennessee Department of Correction. At all times...http://www.plol.org/Pages/PublicDocument.aspx?d=XU8lvmLOvLeo0eAjivkkDw%3d%3d&l=CasesThu, 29 Apr 2010 00:00:00 GMTWe granted this appeal to determine whether the admission into evidence of an automobile license tag number observed and written down by a bystander near the crime scene who did not appear at trial violated the defendant's right to confrontation under the federal and state constitutions. A few seconds after being robbed at her place of employment, the victim ran out of the business, told a bystander that she had been robbed, and asked the bystander to observe the tag number of the vehicle...http://www.plol.org/Pages/PublicDocument.aspx?d=dRHzlwxrDKh48aqCovbnhA%3d%3d&l=CasesThu, 29 Apr 2010 00:00:00 GMTIn this post-divorce custody dispute, mother challenges the trial court's decision to change the primary residential parent to father. The trial court found mother's allegations of sexual abuse to be unfounded, and the evidence does not preponderate against the trial court's determination. We find no error in the trial court's modification of the primary residential parent or in its denial of mother's requests for post-judgment relief. We therefore affirm... FACTUAL AND PROCEDURAL BACKGROUND......http://www.plol.org/Pages/PublicDocument.aspx?d=C1LRDT7wIZU46b%2bJHYr%2bHg%3d%3d&l=CasesThu, 29 Apr 2010 00:00:00 GMTThis appeal involves subject matter jurisdiction over a petition for a writ of certiorari. The petitioner inmate was convicted of a disciplinary offense by the Department of Correction disciplinary board. The inmate timely filed a petition in the trial court, challenging the legality of the board's decision. The petition was not sworn. The respondent Department of Correction filed a motion to dismiss for failure to comply with the statutory verification requirement for such a petition....http://www.plol.org/Pages/PublicDocument.aspx?d=j%2bpKqaJcRlUvMWL2GGRTrg%3d%3d&l=CasesThu, 29 Apr 2010 00:00:00 GMTShortly after a sixty-one year old woman signed a nursing home admission agreement, she fell and broke her ankle. She sued for negligence, and the defendant nursing home moved the court to compel her to bring her claim to arbitration in accordance with a separate agreement she had signed as a part of the admissions process. The trial court found that the arbitration agreement was a contract of adhesion and that it would be unconscionable to enforce it. The nursing home filed a direct appeal to...http://www.plol.org/Pages/PublicDocument.aspx?d=7SnyMOkqpkzXFfnVzE6IuA%3d%3d&l=CasesThu, 29 Apr 2010 00:00:00 GMTThis appeal involves a motion to set aside a marital dissolution agreement. After a long marriage, the parties filed cross-petitions for divorce. After mediation, they entered into a marital dissolution agreement settling division of the considerable martial estate. The parties presented the MDA to the trial court, and it was approved and incorporated into the final decree of divorce. Several weeks later, the husband filed this pro se petition to have the MDA set aside, claiming that, at the...http://www.plol.org/Pages/PublicDocument.aspx?d=5yNKrsP7qV4JuU%2bezFTqoQ%3d%3d&l=CasesWed, 28 Apr 2010 00:00:00 GMTThe matter at issue is a sliver of land between an old established fence and the centerline of a rural road. The plaintiff and the defendants each contend they own the disputed property. The plaintiff claims his property, which lies west and southwest of the defendants' property, extends beyond an old established fence in a northeasterly fashion to the center line of Old Lincoln Road. The defendants, however, claim their property extends across the road to the old established fence which, the...http://www.plol.org/Pages/PublicDocument.aspx?d=qDCAdvWcDufyX7pP03%2bsZg%3d%3d&l=CasesWed, 28 Apr 2010 00:00:00 GMTThe juvenile court granted emergency custody of a four-year-old girl to her paternal aunt and uncle and subsequently determined that the child was dependent and neglected. More than two years after obtaining custody, the aunt and uncle petitioned the trial court to terminate the parental rights of the child's mother and father. The court conducted a four-day hearing before terminating their parental rights on the grounds of abandonment and persistence of conditions. Only the mother appealed. We...http://www.plol.org/Pages/PublicDocument.aspx?d=3I749FlBoZg4rktBt4Lf4Q%3d%3d&l=CasesWed, 28 Apr 2010 00:00:00 GMTThis is a dispute between two insurance companies, each of which provided liability insurance for a Captain D's restaurant in Mississippi. The defendant, Federal Insurance Company, provided the primary coverage for Captain D's with policy limits of $1,000,000. The plaintiff, Great American Insurance Company of New York, provided excess coverage for the benefit of Captain D's. When an action was filed against the insured in Mississippi for serious and permanent injuries sustained by a 15...http://www.plol.org/Pages/PublicDocument.aspx?d=Zdlsjq4pFouePGR6JDi50w%3d%3d&l=CasesWed, 28 Apr 2010 00:00:00 GMTThis is a condemnation case in which the Water Authority of Dickson County acquired an easement by eminent domain for the purpose of installing a subsurface water transmission line. The Water Authority's ability to take the land is not in question; this appeal only involves the amount of compensation to which the landowners are entitled. Following a trial without a jury, the court awarded $12,526.56 for the taking of the permanent easement and incidental damages. The Water Authority appeals....http://www.plol.org/Pages/PublicDocument.aspx?d=PGT%2bh3NLGACgkgiHWdlJ5w%3d%3d&l=CasesWed, 28 Apr 2010 00:00:00 GMTThe trial court granted the wife a divorce after a marriage of almost twenty years, divided the marital property, and awarded the wife temporary alimony. The husband argues on appeal that the court erred in the property division by impermissibly taking his fault into consideration and by dividing his military retirement between the parties without considering the effect of their long separation on the equities of that division. The husband also argues that the court impermissibly awarded the...http://www.plol.org/Pages/PublicDocument.aspx?d=ZIYN0k%2bfczdsL0F4F%2fsrYA%3d%3d&l=CasesWed, 28 Apr 2010 00:00:00 GMTTwo trade contractors alleged that the City breached its contract with them by failing to take reasonable measures to guard against delays and disruptions by other contractors in the City's coordination, management, and scheduling of the contractors and by failing to pay the retainages they were due. The contractors sought damages for the delays. The City raised three defenses: (1) the "no damages for delays" provision of the contracts; (2) untimely notice of claims by the contractors;...http://www.plol.org/Pages/PublicDocument.aspx?d=VIEF%2fOwWDkUiLH%2fw4VK1uQ%3d%3d&l=CasesWed, 28 Apr 2010 00:00:00 GMTA Montgomery County jury convicted the Defendant, Troy Allen Pruitt, of two counts of aggravated robbery and two counts of fraudulent use of a credit card, and the trial court sentenced him to an effective sentence of fifteen years in the Tennessee Department of Correction ("TDOC"). On appeal, the Defendant contends: (1) the evidence is insufficient to sustain his convictions; and (2) the trial court erred when it found the Defendant waived review of the issue of whether recent case law...http://www.plol.org/Pages/PublicDocument.aspx?d=J1%2fPWqMZzvLgY6EIV%2fvoMQ%3d%3d&l=CasesWed, 28 Apr 2010 00:00:00 GMTThe Defendant-Appellant, Joseph S. Rittenberry, pled nolo contendere in Sumner County to three counts of attempted aggravated sexual battery, a Class C felony. The trial court sentenced Rittenberry to six years in the Tennessee Department of Correction for each conviction, to be served concurrently. On appeal, Rittenberry claims the trial court erred in denying alternative sentencing. Following our review, we affirm the judgments of the trial court... Background... Rittenberry was indicted by...http://www.plol.org/Pages/PublicDocument.aspx?d=Arh%2bzS3nxYKjuLyPERexaA%3d%3d&l=CasesWed, 28 Apr 2010 00:00:00 GMTThe defendant, Edward Garcia Summers, was indicted for possession with the intent to sell.5 grams or more of a substance containing cocaine, possession of marijuana, and possession of drug paraphernalia, all charges based upon evidence seized during a search of his residence. The defendant filed a motion to suppress the evidence, alleging that there was no probable cause to support the issuance of the search warrant. The trial court granted the defendant's motion, and the State now appeals....http://www.plol.org/Pages/PublicDocument.aspx?d=gHzUBhnaGr%2fvZdOUyrxj%2bg%3d%3d&l=CasesWed, 28 Apr 2010 00:00:00 GMTThe Defendant-Appellant, Christopher Jones, appeals the revocation of his probation by the Circuit Court of Madison County. Jones pled guilty to three Class A misdemeanors: possession of cocaine, possession of marijuana, and possession of drug paraphernalia... For each conviction, he was sentenced to eleven months and twenty-nine days in the county jail. He was also fined a total of $1,150. The trial court ordered the sentences for possession of cocaine and possession of marijuana to be served...http://www.plol.org/Pages/PublicDocument.aspx?d=ho6s0PzeC74kkqe%2bkxNzPw%3d%3d&l=CasesTue, 27 Apr 2010 00:00:00 GMTThis appeal involves subject matter jurisdiction with respect to billboard permits. The defendant's application for a State permit to erect a billboard in Shelby County was denied, so he filed an administrative appeal from this decision. Meanwhile, the defendant proceeded to erect the billboard in Shelby County without a State permit. The State filed this petition in Shelby County to enjoin the defendant from erecting the billboard pending resolution of the administrative appeal. The defendant...http://www.plol.org/Pages/PublicDocument.aspx?d=osZRlb2mVap3FZQNd7maLw%3d%3d&l=CasesTue, 27 Apr 2010 00:00:00 GMTThis is a post-divorce modification of child custody and support. Father/Appellant appeals the trial court's order, which increased his child support obligation, modified his parenting time, and ordered him to pay Mother/Appellee's attorney's fees. Finding that the trial court erred in eliminating Father's one-week of uninterrupted summer visitation and not allowing him an additional night per week visitation, we reverse that portion of the order. Further, we find that the trial court erred in...http://www.plol.org/Pages/PublicDocument.aspx?d=RQG9MxN1HvVTtpIREyGZ0g%3d%3d&l=CasesMon, 26 Apr 2010 00:00:00 GMTPlaintiff, a non-resident, brought this action against defendant real estate agent for releasing funds from a sale to defendant Hays, who had been employed by the plaintiff to sell items of personalty for plaintiff and improve plaintiff's real estate properties for sale. Further, that Hays improperly filed a lien against plaintiff's property, resulting in damages to plaintiff. The Trial Court granted the real estate agent summary judgment and, after a trial, entered a monetary judgment against...http://www.plol.org/Pages/PublicDocument.aspx?d=CDUgSe%2bpAp%2bBEhPJgmoLqg%3d%3d&l=CasesMon, 26 Apr 2010 00:00:00 GMTIn 2004, Baird Tree Company, Inc. ("Baird Tree") unsuccessfully bid on a tree trimming and removal project with the City of Oak Ridge ("Oak Ridge"). Baird Tree filed a lawsuit claiming, inter alia, that Oak Ridge's bidding process violated the Tennessee Trade Practices Act, Tenn. Code Ann. § 47-25-101. We affirmed the Trial Court's grant of summary judgment to the defendants because the contract at issue was a contract for services, not goods, and, therefore, the Tennessee...http://www.plol.org/Pages/PublicDocument.aspx?d=qbugJjp2%2bqz1%2boTFwDLFMg%3d%3d&l=CasesMon, 26 Apr 2010 00:00:00 GMTDanny J. Phillips ("Plaintiff") sued William T. Mullins ("Defendant") after a truck driven by Defendant struck and injured Plaintiff who was riding a bicycle. Defendant moved for summary judgment. After a hearing, the Trial Court entered an order granting Defendant summary judgment. Plaintiff appeals to this Court. We reverse the grant of summary judgment finding that there are disputed issues of material fact which preclude summary judgment... ... ... Background... On February...http://www.plol.org/Pages/PublicDocument.aspx?d=NWv3vkTYSv26jw81GvOVYg%3d%3d&l=CasesMon, 26 Apr 2010 00:00:00 GMTIn 2002, a jury convicted the petitioner, Daniel Livingston, of evading arrest in a vehicle with risk of injury, a Class D felony, inter alia. The trial court sentenced him as a career offender to twelve years in the Tennessee Department of Correction. On July 28, 2009, the petitioner filed a petition for writ of habeas corpus, alleging that the indictment for evading arrest was insufficient to vest the trial court with jurisdiction. The circuit court dismissed the petition, and the petitioner...http://www.plol.org/Pages/PublicDocument.aspx?d=0V01OLRysjnb7oJOWjsYeA%3d%3d&l=CasesMon, 26 Apr 2010 00:00:00 GMTThe petitioner, Jeffrey A. Waggoner,1 appeals the denial of error coram nobis relief by the trial court. He was convicted of first degree murder on February 2, 1984, and sentenced to life imprisonment. He filed a petition for writ of error coram nobis relief, alleging that a witness who had testified against him at trial had recanted his testimony. After careful review, we affirm the judgment from the trial court... The petitioner was convicted of the December 29, 1982 murder of Howard...http://www.plol.org/Pages/PublicDocument.aspx?d=yuFL4PrgkzaAReiTFsiOtw%3d%3d&l=CasesMon, 26 Apr 2010 00:00:00 GMTThe petitioner, Richard Joe Fitten, appeals pro se from the denial of post-conviction relief by the Criminal Court for Hamilton County. Pursuant to a plea agreement, Fitten resolved case numbers 255275, 261292, and 261403. In case number 255275, Fitten agreed to the revocation of his probation and the imposition of a six-year sentence. He also agreed to plead guilty to filing a false police report, case number 261292, and retaliation for past action,1 case number 261403. He received a two-year...http://www.plol.org/Pages/PublicDocument.aspx?d=ewdKnSKhesQ7ZOnqApMwcA%3d%3d&l=CasesMon, 26 Apr 2010 00:00:00 GMTThe Warren County Grand Jury indicted Appellant, Donald Ray Blevins, for two counts of delivery of cocaine, a Schedule II controlled substance, in an amount of less than 0.5 grams, and one count of delivery of cocaine, a Schedule II controlled substance, in an amount of 0.5 grams or more. These offenses were based upon three drug transactions involving a confidential informant's telephone calls to Appellant and further dealings with two other individuals. Following a jury trial, Appellant was...http://www.plol.org/Pages/PublicDocument.aspx?d=bIdNAvVLXtakktBn1upwQw%3d%3d&l=CasesMon, 26 Apr 2010 00:00:00 GMTThe Defendants-Appellants, Erica Harrison and Alexis Harrison, each entered an open guilty plea to one count of theft of property valued at more than five hundred dollars ($500) but less than one thousand dollars ($1,000), a Class E felony, with the length and manner of service of the sentence to be determined by the trial court. Both requested judicial diversion, which the court denied. The trial court sentenced Erica Harrison as a Range I, standard offender to 180 days in the Tennessee...http://www.plol.org/Pages/PublicDocument.aspx?d=rLB6ihMPdKOC1NhpXqtWMg%3d%3d&l=CasesMon, 26 Apr 2010 00:00:00 GMTDefendant-Appellant, John Barlow, was convicted by a Shelby County Criminal Court jury of aggravated child abuse and aggravated child neglect, Class A felonies. The trial court sentenced Barlow as a Range I, violent offender to concurrent sentences of twenty-five years for the aggravated child abuse conviction and fifteen years for the aggravated child neglect conviction, for an effective sentence of twenty-five years. In Barlow's appeal, he argues that: (1) the evidence is insufficient to...http://www.plol.org/Pages/PublicDocument.aspx?d=L4%2fW4f3Do6BUWdtak4W0HQ%3d%3d&l=CasesMon, 26 Apr 2010 00:00:00 GMTA Shelby County jury convicted the defendant, Johnny Villalobos, of robbery, a Class C felony. The trial court sentenced the defendant as a Range I offender to four years in the workhouse. On appeal, the defendant contends that the evidence was insufficient to support his conviction. Following our review, we affirm the judgment of the trial court... Background... On April 15, 2008, a Shelby County grand jury indicted the defendant for aggravated robbery, a Class B felony. The parties presented...http://www.plol.org/Pages/PublicDocument.aspx?d=87fLLR577EOZMqzyLFuHSg%3d%3d&l=CasesMon, 26 Apr 2010 00:00:00 GMTThe Defendant, Jason Allen Ruiz, pled guilty to one count of sale of cocaine and one count of delivery of cocaine, both Class B felonies. The trial court merged the convictions and imposed an effective sentence of eight years as a Range I, standard offender to be served on probation following an 11 month and 29 day period of confinement in the local jail on work release. Following the filing of a revocation warrant and an evidentiary hearing, the trial court found that the Defendant had...http://www.plol.org/Pages/PublicDocument.aspx?d=iqmqeARqpzClK21n0fo1cQ%3d%3d&l=CasesFri, 23 Apr 2010 00:00:00 GMTThe defendant, Jeffery Boyd Trusty, was convicted by a Smith County jury of first degree premeditated murder, first degree felony murder, especially aggravated kidnapping, and theft of property over $1000. The trial court merged the two first degree murder convictions and sentenced the defendant to concurrent terms of life imprisonment for the first degree murder conviction, twenty-five years as a violent offender for the especially aggravated kidnapping conviction, and four years as a Range I...http://www.plol.org/Pages/PublicDocument.aspx?d=R%2baB8CGkSOW0yZQoG88JoQ%3d%3d&l=CasesFri, 23 Apr 2010 00:00:00 GMTThe Petitioner, Delwin O'Neal, appeals as of right from the Marshall County Circuit Court's denial of his petition for post-conviction relief attacking his guilty plea convictions for multiple drug offenses for which he received an effective sentence of twenty-three years as a Range II, multiple offender. At the post-conviction evidentiary hearing, the Petitioner requested a reduction of sentence, and the trial court ruled that it was without jurisdiction to modify the sentence. In this appeal...http://www.plol.org/Pages/PublicDocument.aspx?d=qCif0%2fOTwHf5j0Te%2bIl%2fJA%3d%3d&l=CasesFri, 23 Apr 2010 00:00:00 GMTThe Defendant, Anthony Douglas Dansby, pled guilty to driving under the influence ("DUI"), violation of the implied consent law, violation of the seatbelt law, violation of the open container law, and possession of a Schedule VI controlled substance. In accordance with Tennessee Rule of Criminal Procedure 37, the Defendant reserved as a certified question of law the issue of whether the stop of his vehicle, which led to his indictment and guilty plea, was constitutional. After a...http://www.plol.org/Pages/PublicDocument.aspx?d=1U%2bLGYU7GGDhWEIaxdymaA%3d%3d&l=CasesFri, 23 Apr 2010 00:00:00 GMTThis appeal arises from a divorce action. After a trial, the court entered a divorce decree and divided the marital property. The trial court awarded the marital real property to Husband, and Wife, a pro se litigant, appeals the trial court's division of the marital property. We affirm in part, modify in part, and remand... I. FACTUAL BACKGROUND... ... ... Jesse Cantrell ("Husband") and Pamela Cantrell ("Wife") had an acrimonious divorce. The parties were married for...http://www.plol.org/Pages/PublicDocument.aspx?d=HPOp8fV40lQ5eCGt1K4FXQ%3d%3d&l=CasesFri, 23 Apr 2010 00:00:00 GMTProspective buyers entered into a contract with construction company for purchase of a home; the contract was amended to provide that a garage would be constructed. A letter was subsequently prepared specifying a time for the buyers to tender payment for the garage. The buyers failed to secure a loan to finance construction of the garage until a year after closing. When the construction company refused to build the garage for the amount specified in the contract amendment, the buyers initiated...http://www.plol.org/Pages/PublicDocument.aspx?d=9jFRla5Fb1L8xUQRvLMdBQ%3d%3d&l=CasesFri, 23 Apr 2010 00:00:00 GMTIn this interlocutory appeal, the administrator of the estate of the decedent argues that a petition for probate, filed more than two years after the probate of an earlier will, is time-barred by Tennessee Code Annotated section 32-4-108, and, therefore, the trial court erroneously denied his motion for summary judgment. Because the statute is one of limitations rather than repose, because exceptions within the statute do not preclude tolling based upon fraudulent concealment, and because there...http://www.plol.org/Pages/PublicDocument.aspx?d=dWGk5rx5EecIL5edHQ7%2f7g%3d%3d&l=CasesFri, 23 Apr 2010 00:00:00 GMTThe plaintiffs, commercial and residential consumers of natural gas, purchased natural gas from utilities, which had acquired the product wholesale from the defendants. In this class action antitrust suit, the plaintiffs allege that the defendants engaged in various anti-competitive practices, including making false statements about natural gas transactions and engaging in "wash trades" and "churning." After the defendants filed a motion to dismiss, contending that the claims...http://www.plol.org/Pages/PublicDocument.aspx?d=1CH%2bwJaT9DEf64XhmWNzsg%3d%3d&l=CasesFri, 23 Apr 2010 00:00:00 GMTThis is a premises liability case. The plaintiff worker allegedly injured his knee while in the defendants' home. The plaintiff visited a doctor the next day, and ultimately had surgery on the knee the next month. Subsequently, the plaintiff sued the defendants, alleging premises liability. A jury trial was held. After the testimony concluded, the trial court declined to include a jury instruction requested by the plaintiff. During closing arguments, the plaintiff's attorney started to read...http://www.plol.org/Pages/PublicDocument.aspx?d=aq3Bncj1LuwVXPDq5yxnDg%3d%3d&l=CasesThu, 22 Apr 2010 00:00:00 GMTThis appeal involves delay of service of process. The plaintiffs filed a complaint against the defendants, alleging medical malpractice by the defendants almost a year earlier. The plaintiffs delayed service on the defendants until they had an expert witness review their claim. Summonses were issued to the defendants over eleven months after the complaint was filed. The defendants filed a motion to dismiss or for summary judgment, alleging insufficiency of service of process, and asserting that...http://www.plol.org/Pages/PublicDocument.aspx?d=2KoX%2bGStZg9b2AHjnbIpXw%3d%3d&l=CasesThu, 22 Apr 2010 00:00:00 GMTThis appeal arises out of an elderly woman's attempt to recover assets from her daughter and former son-in-law, who allegedly exercised undue influence over her financial decision-making for a period of years following the death of her husband. In a motion for partial summary judgment, the plaintiffs sought to invalidate two transfers of substantial assets to the defendants. The trial court granted the plaintiffs' motion and certified the judgment as final pursuant to Rule 54.02 of the...http://www.plol.org/Pages/PublicDocument.aspx?d=pvmQfA7jOq1XePHnFRY7WA%3d%3d&l=CasesThu, 22 Apr 2010 00:00:00 GMTThe appellants, Aaron Bonding Company, T Bonding Company, and Around the Clock Bonding Company, LLC, appeal the order of a final forfeiture against them, arguing that the trial court abused its discretion in issuing the order. Following our review of the record, we dismiss this appeal as being premature and remand the case to the trial court to issue an order of final disposition pursuant to Tennessee Rule of Civil Procedure 58, from which the appellants may then appeal... ... ... The...http://www.plol.org/Pages/PublicDocument.aspx?d=RIski7k10SXk1ITJ%2blp0mQ%3d%3d&l=CasesThu, 22 Apr 2010 00:00:00 GMTThe Defendants, Kenneth Miller and Ray Junior Turner, were convicted by a Davidson County jury of conspiracy to deliver 300 grams or more of cocaine and delivery of 300 grams or more of cocaine. Additionally, the Defendant Miller was found guilty of possession with intent to deliver 300 grams or more of cocaine. All convictions are Class A felonies. See Tenn. Code Ann. § 39-17-417(j)(5). Following a sentencing hearing, the trial court sentenced the Defendant Miller to an effective sentence...http://www.plol.org/Pages/PublicDocument.aspx?d=XJzRntMlu%2bqO0ZXh5pEpkw%3d%3d&l=CasesThu, 22 Apr 2010 00:00:00 GMTThe Defendant, Timothy Mark Agee, II, appeals his conviction upon a guilty plea in the Davidson County Criminal Court for second degree murder, a Class A felony. The trial court sentenced the Defendant to serve twenty-three years. The Defendant appeals, contending that the sentence imposed is too lengthy. We affirm the judgment of the trial court... The Defendant's conviction relates to the death of Dustin Mitchell. At the guilty plea hearing, the State recited the following facts:... [I]f this...http://www.plol.org/Pages/PublicDocument.aspx?d=ASHl0g8fTjyiAsnY433Zpg%3d%3d&l=CasesThu, 22 Apr 2010 00:00:00 GMTAppellant, Hyman E. Miller, pled guilty in Rutherford County to vehicular assault and second offense driving under the influence ("DUI"). Appellant was sentenced to eight years for the vehicular assault conviction. That sentence was suspended and the trial court ordered Appellant placed on supervised probation for a period of ten years. Appellant was sentenced to eleven months and twenty-nine days for the second offense DUI conviction. He received pre-trial jail credit of seven months...http://www.plol.org/Pages/PublicDocument.aspx?d=xvHBboG0%2fJ%2fP7WUF89prng%3d%3d&l=CasesWed, 21 Apr 2010 00:00:00 GMTThe defendant, George Ward, appeals his resentencing following the revocation of his eight-year community corrections sentence, arguing that the trial court erred by imposing the maximum twelve-year sentence for his Class B felony drug offense of possession of cocaine with the intent to sell. Following our review, we affirm the twelve-year sentence imposed by the trial court... FACTS... On November 24, 2003, the defendant pled guilty in the Madison County Circuit Court to possession of... 5...http://www.plol.org/Pages/PublicDocument.aspx?d=Y2YvQs05C8ee4d8zUR0wpQ%3d%3d&l=CasesWed, 21 Apr 2010 00:00:00 GMTThe petitioner, Jermaine Hughey, appeals the denial of his petition for post-conviction relief, arguing that he was denied the effective assistance of trial and appellate counsel. Following our review, we affirm the denial of the petition... FACTS... In 2003, the petitioner was convicted by a Shelby County Criminal Court jury of four counts of aggravated robbery, a Class B felony, and four counts of attempted aggravated robbery, a Class C felony, and was sentenced by the trial court as a Range...http://www.plol.org/Pages/PublicDocument.aspx?d=4SR86WNdKlibsFP3iYQ2vQ%3d%3d&l=CasesWed, 21 Apr 2010 00:00:00 GMTThe petitioner, Steven Murphy, was convicted of first degree premeditated murder and first degree felony murder, which the trial court merged, and two counts of theft of property valued at more than $1000, which the court also merged. He was sentenced to an effective life sentence. This court affirmed his convictions and sentences, and the supreme court denied his application for permission to appeal. State v. Steven Murphy, No. W2004-02899-CCA-R3-CD, 2006 WL 432388 (Tenn. Crim. App. Feb. 22,...http://www.plol.org/Pages/PublicDocument.aspx?d=SaL9bY1c6gi7lkgOXwmkvQ%3d%3d&l=CasesWed, 21 Apr 2010 00:00:00 GMTThe petitioner, Tommy Lee Clark, appeals the denial of his petition for post-conviction relief, arguing that his trial counsel was ineffective for failing to object to improper cross-examination and for not investigating the petitioner's mental competency. The State argues that the petitioner has waived appellate review of these issues by not including them in his petition for post-conviction relief. Following our review, we affirm the denial of the petition... FACTS... The petitioner was...http://www.plol.org/Pages/PublicDocument.aspx?d=j0SUdDgvIuaou4YCLgsaZA%3d%3d&l=CasesWed, 21 Apr 2010 00:00:00 GMTThe defendant, Matthew I. Tart, appeals from the Sullivan County Criminal Court's denial of alternative sentencing following his pleas of guilty to charges of violating the motor vehicle habitual offender law, speeding, and leaving the scene of an accident. Upon our review of the record, we affirm the judgments of the trial court, but we remand for the trial court to consider amendments to the judgments... The trial court accepted the parties' plea agreement that provided for an effective...http://www.plol.org/Pages/PublicDocument.aspx?d=xiBc2Qu4X2dRQNHk9nI6zQ%3d%3d&l=CasesWed, 21 Apr 2010 00:00:00 GMTThis appeal involves the alleged breach of an insurance policy. The plaintiff insured had an automobile insurance policy with the defendant insurance company. The insured paid his insurance premium by check. He subsequently was involved in an automobile accident and notified the insurance company of the accident. The check was later returned for insufficient funds. The insurance company notified the insured that if he did not bring the premium current by a date certain, his insurance policy...http://www.plol.org/Pages/PublicDocument.aspx?d=XDLTNMgOixEeRtlH%2fl1Yhg%3d%3d&l=CasesWed, 21 Apr 2010 00:00:00 GMTThis appeal involves a judgment creditor's attempt to enforce a Mississippi default judgment in the general sessions court of Shelby County. The trial court concluded that the general sessions court lacked jurisdiction to enforce the judgment, and it set aside a conditional judgment entered by the general sessions court based on the Mississippi judgment. The judgment creditor appeals. We affirm... I. FACTS & PROCEDURAL HISTORY... On August 13, 2007, Royal Furniture Company filed a civil warrant...http://www.plol.org/Pages/PublicDocument.aspx?d=TUgeCzVkAmKGnFx4qYiujA%3d%3d&l=CasesTue, 20 Apr 2010 00:00:00 GMTThis appeal involves the breach of a real estate contract. The plaintiff hired the defendant auctioneer to sell his home at auction. After the defendant corporate purchaser was the high bidder at the auction, it signed a sales contract and made a substantial down payment on the property. The down payment was retained by the auctioneer as his commission. Shortly after that, the auctioneer promised the purchaser that the purchaser's real estate agent would be paid a commission on the sale. Later,...http://www.plol.org/Pages/PublicDocument.aspx?d=2Fz0x%2frY6K%2f4vSaK48o2dA%3d%3d&l=CasesTue, 20 Apr 2010 00:00:00 GMTThis appeal involves a petition for writ of certiorari filed by an inmate seeking review of his disciplinary conviction for assaulting a fellow inmate. TDOC did not oppose the issuance of the writ, and the certified record was filed with the trial court. Upon review of the record, the trial court denied the petition, and we affirm... ... ... I. FACTS & PROCEDURAL HISTORY... Charles Patterson ("Appellant") is an inmate in the custody of the Tennessee Department of Correction...http://www.plol.org/Pages/PublicDocument.aspx?d=u5nw%2fHj7f00%2bqv0C%2fEKujQ%3d%3d&l=CasesTue, 20 Apr 2010 00:00:00 GMTThe appellee, Mary Jane Bridgewater, has filed a Petition to Rehear pursuant to Tenn. R. App. P. 39. In her petition to rehear, she asserts the court incorrectly stated a material fact and misapprehended a material fact or proposition of law. The issue raised in the petition pertains to Ms. Bridgewater's Affidavit of Heirship, filed in support of her motion for summary judgment, and whether all of the material facts stated therein are admissible. In our opinion we held that some of the material...http://www.plol.org/Pages/PublicDocument.aspx?d=fItY7UvQgFAdGwfE4%2fHATA%3d%3d&l=CasesTue, 20 Apr 2010 00:00:00 GMTThis is an appeal of a jury verdict. The plaintiff was hunting with his son. The defendant was also hunting in the general area, and accidentally shot the plaintiff. The plaintiff filed a lawsuit against the defendant for negligence, and included a claim for negligent infliction of emotional distress on behalf of his son. The parties stipulated as to the defendant's liability, and a jury trial was held on the issue of damages. The jury instructions included instructions on the plaintiff...http://www.plol.org/Pages/PublicDocument.aspx?d=JsQxbJgGljUT%2fNrVLx4Qeg%3d%3d&l=CasesMon, 19 Apr 2010 00:00:00 GMTThis is a personal injury case. The defendant's employee negligently backed the defendant's vehicle into the vehicle in which the plaintiff was a passenger. Prior to the accident, the plaintiff had reported discomfort in her shoulders to her physician. At some point after the accident, the plaintiff reported to her physician that she had pain in her right shoulder. Ultimately, the plaintiff required shoulder replacement surgery. The plaintiff sued the defendant for negligence. The parties...http://www.plol.org/Pages/PublicDocument.aspx?d=bzH5CqkHr%2f6Etpdb4c54vg%3d%3d&l=CasesMon, 19 Apr 2010 00:00:00 GMTThe defendant, Bruce C. Reliford, entered guilty pleas to aggravated robbery charges, following a remand, and was convicted by a jury of felony murder. The trial court imposed a life sentence for the felony murder conviction and twelve years for each aggravated robbery conviction, to be served concurrently. On appeal, the defendant contends that: the trial court improperly allowed evidence to be introduced at trial; his statement to police was not given voluntarily; and the trial court erred in...http://www.plol.org/Pages/PublicDocument.aspx?d=eU%2bLZFUJYwC4EzraYmI1TA%3d%3d&l=CasesMon, 19 Apr 2010 00:00:00 GMTThe defendant, Darryl Hubbard, pled guilty in case number 07-01581 to possession of marijuana, third offense or greater, a Class E felony, and in case number 07-03060 to possession of more than 0.5 grams of cocaine with intent to sell, a Class B felony, and to possession of marijuana with intent to sell, a Class E felony. The trial court sentenced the defendant as a multiple offender to four (4) years for case number 07-01581, to run consecutively to 07-03060 and to a prior case. The trial...http://www.plol.org/Pages/PublicDocument.aspx?d=O%2fuui95Jj1vb6k2lz7mQGw%3d%3d&l=CasesMon, 19 Apr 2010 00:00:00 GMTFollowing a jury trial, Defendant, Christopher Lee Davis, was found guilty of aggravated robbery, carjacking, attempt to commit especially aggravated kidnapping, all Class B felonies, and attempt to commit premeditated first degree murder, a Class A felony. The trial court sentenced Defendant as a Range I, standard offender, to twelve years for each Class B felony conviction and twenty-five years for his attempted premeditated first degree murder conviction. The trial court imposed a...http://www.plol.org/Pages/PublicDocument.aspx?d=quAVE1Wz1yvBy4EqqlJpQg%3d%3d&l=CasesMon, 19 Apr 2010 00:00:00 GMTPetitioner, Raymond Long, Jr., appeals the dismissal of his petition for post-conviction relief in which he alleged that he received ineffective assistance of counsel at trial. Specifically, Petitioner challenges trial counsel's failure to call certain witnesses to testify at trial on his behalf. After a thorough review of the record, we conclude that Petitioner has failed to show that his trial counsel rendered ineffective assistance of counsel and affirm the judgment of the post-conviction...http://www.plol.org/Pages/PublicDocument.aspx?d=K47gKrN5BzGjimTKPjwJdA%3d%3d&l=CasesMon, 19 Apr 2010 00:00:00 GMTThe Defendant, Conrad Earl Edwards, was convicted of rape, a Class B felony, incest, a Class C felony, and sexual battery, a Class E felony. He was sentenced to serve eight years as a Violent Offender for rape, three years as a Range I offender for incest, and one year as a Range I offender for sexual battery. On appeal, he challenges the trial court's failure to sentence him as an especially mitigated offender and the denial of alternative sentencing. We affirm the judgments of the trial...http://www.plol.org/Pages/PublicDocument.aspx?d=mBZUfzX7rGWWIwZABEMt6Q%3d%3d&l=CasesFri, 16 Apr 2010 00:00:00 GMTIn this action charging retaliatory discharge, the Trial Court granted defendant a dismissal of action based on its Tenn. R. Civ. P. Rule 12 Motion. On appeal, we vacate the Judgment of the Trial Court and remand... Plaintiff, Pam Webb, filed a Complaint against the Nashville Area Habitat for Humanity, Inc., alleging that she was a former employee, and worked as defendant's vice-president of family services beginning in August 2007. She alleged that in December 2008, she filed a written...http://www.plol.org/Pages/PublicDocument.aspx?d=SyWHGfa29WrvBny%2b5PrC%2bg%3d%3d&l=CasesFri, 16 Apr 2010 00:00:00 GMTPlaintiffs attempted to submit an application for Low-Income Housing Tax Credit with the Tennessee Housing Development Agency. The Agency refused to accept the application and plaintiffs subsequently sued, asking the Court to require the Agency to accept and process their application. The Trial Court determined that the issue was moot and plaintiffs appealed. On appeal, we affirm the Trial Court's summary judgment that the case was moot... ... ... Background... Dean Baxter, on behalf of...http://www.plol.org/Pages/PublicDocument.aspx?d=wZ2Zie%2fSPCGiS5pUxYsYMA%3d%3d&l=CasesFri, 16 Apr 2010 00:00:00 GMTFormer foster mother and her new husband filed a motion to intervene and to set aside the adoption of three children by the current foster parents. The trial court denied the motion. We affirm... I. BACKGROUND... Three minor children — Devon P.C., Heaven L.C. and Araya S.C. ("the Children") — were removed from their biological parents in Anderson County by the Tennessee Department of Children's Services ("DCS") on February 14, 2006. Despite attempts at...http://www.plol.org/Pages/PublicDocument.aspx?d=XkTSeXgxGzk2BUVEtBLVnw%3d%3d&l=CasesFri, 16 Apr 2010 00:00:00 GMTThis appeal concerns the distribution of marital property. After a bench trial, the court entered the Final Decree of Divorce and distributed the marital property. Wife subsequently filed a motion to reconsider and for attorney's fees. The trial court denied the motion in part and awarded approximately $2,087.50 in attorney's fees and litigation expenses to Wife. Wife appeals. We affirm... I. BACKGROUND... Kevin Joseph McHugh ("Husband") and Carole Ann McHugh ("Wife") were...http://www.plol.org/Pages/PublicDocument.aspx?d=KnsgROJZFaWcUnmOfjYJoA%3d%3d&l=CasesFri, 16 Apr 2010 00:00:00 GMTOpal Hughes sustained injuries while in the care of defendant Hillcrest Healthcare-West, and her administrator brought this action for damages. Defendant moved to dismiss on the grounds that plaintiff's complaint was a complaint for malpractice against defendant. Plaintiff argued that the complaint was for simple negligence, and the Trial Court held the complaint was for medical malpractice and since statutory requirements for filing a medical malpractice complaint had not been met, dismissed...http://www.plol.org/Pages/PublicDocument.aspx?d=4JsSa%2f5DAx1jyGhL09L2qA%3d%3d&l=CasesFri, 16 Apr 2010 00:00:00 GMTThis workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. § 50-6-225(e)(3) (2008) for a hearing and a report of findings of fact and conclusions of law. The employee developed a latex allergy as a result of her employment at a hospital, and the hospital made certain accommodations that enabled the employee to continue working. However, the employee's sensitivity to latex increased over the...http://www.plol.org/Pages/PublicDocument.aspx?d=nRdayFCGX650pH2EJez7uA%3d%3d&l=CasesThu, 15 Apr 2010 00:00:00 GMTBobby R. Hopkins ("Hopkins") sued Doyle K. Riggs and Ruth Riggs1 ("the Riggs") alleging, in part, that the Riggs had contracted to construct a road on the Riggs' property for Hopkins' use and had failed to construct an adequate road. The Riggs filed a motion for summary judgment and the Trial Court granted them summary judgment. The Riggs then sought attorney's fees pursuant to the parties' contract. The parties then reached an agreement with regard to attorney's fees, an...http://www.plol.org/Pages/PublicDocument.aspx?d=viawve2UNK7r7%2fkGMPFIrg%3d%3d&l=CasesThu, 15 Apr 2010 00:00:00 GMTThis workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated § 50-6-225(e)(3) for a hearing and a report of findings of fact and conclusions of law. The trial court approved a settlement of this workers' compensation claim. The settlement was presented to the court by means of an affidavit executed by the employee and a telephone conference between the court and the employee....http://www.plol.org/Pages/PublicDocument.aspx?d=V3ZOGWGFn5c7PNUo3DXKJg%3d%3d&l=CasesThu, 15 Apr 2010 00:00:00 GMTWells Fargo purchased foreclosed property, which it then sold to the Skippers. The Skippers contracted to sell the property, but before the sale was completed, two IRS tax liens against the previous owners were discovered. The Skippers sued Wells Fargo, and the trial court awarded them their lost profits from the anticipated sale. Wells Fargo appeals, and we affirm in part and reverse in part and remand... ... ... I. FACTS & PROCEDURAL HISTORY... Robert and Pamela Bramlett borrowed $56,700.00...http://www.plol.org/Pages/PublicDocument.aspx?d=NRhw4T7cVWlpWDd6FOdUVw%3d%3d&l=CasesThu, 15 Apr 2010 00:00:00 GMTThis workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated § 50-6-225(e)(3) (2008) for a hearing and a report of findings of fact and conclusions of law. An employee sustained a work-related repetitive exposure hearing loss injury. After he retired for reasons unrelated to the injury, he filed suit in the Criminal Court for Wilson County seeking workers' compensation benefits....http://www.plol.org/Pages/PublicDocument.aspx?d=IoShislekuLH1OuKwHoVTg%3d%3d&l=CasesThu, 15 Apr 2010 00:00:00 GMTOn July 7, 2005, Ashley Strine ("Plaintiff") was injured while riding in a vehicle being driven by Joshua Walton ("Walton"). The vehicle was owned by James Rice ("Father"), who had given the vehicle to his son, Kevin Rice ("Son"), for Son's personal use. On the day of the accident, Son had given Walton permission to use his vehicle to pick up Plaintiff. Walton and Plaintiff were planning on attending a birthday party later that day. Plaintiff originally sued only...http://www.plol.org/Pages/PublicDocument.aspx?d=gIpR2w5De4JG5AubXBaJRA%3d%3d&l=CasesThu, 15 Apr 2010 00:00:00 GMTThe Petitioner, Marco Linsey, appeals as of right the Shelby County Criminal Court's denial of his petition for post-conviction relief challenging his guilty plea conviction for one count of child rape, a Class A felony. On appeal, the Petitioner argues that he received the ineffective assistance of counsel and that counsel's ineffective assistance rendered his guilty pleas unknowing and involuntary. After the appointment of counsel and a full evidentiary hearing, the post-conviction court...http://www.plol.org/Pages/PublicDocument.aspx?d=LziMNuRGjn3Oa7z%2fAIm%2fFA%3d%3d&l=CasesThu, 15 Apr 2010 00:00:00 GMTThe Petitioner, Marcus Ray Clark, appeals as of right the Madison County Circuit Court's denial of his petition for post-conviction relief challenging his guilty plea convictions for five counts of aggravated burglary, Class C felonies, and four counts of theft of property, Class D felonies. On appeal, the Petitioner argues that he received the ineffective assistance of counsel and that counsel's ineffective assistance rendered his guilty pleas unknowing and involuntary. After the appointment...http://www.plol.org/Pages/PublicDocument.aspx?d=NhD96wSmh5PAKxI6BhW6dw%3d%3d&l=CasesThu, 15 Apr 2010 00:00:00 GMTThe Defendant, John Tyler Beason, was convicted of attempted first degree murder, for which he received a twenty-year sentence as a Range I, standard offender. The Defendant appeals, contending that the trial court erred in denying his motion to suppress his pretrial statement and that the court erred in sentencing. We affirm the judgment of the trial court... The Defendant was convicted in a jury trial for the May 18, 2002 shooting of Joshua Smith, committed when the Defendant was seventeen...http://www.plol.org/Pages/PublicDocument.aspx?d=36sHVbeXa3qpHTvlHZn0Pw%3d%3d&l=CasesThu, 15 Apr 2010 00:00:00 GMTThe petitioner, Justin Rashard Forrest, appeals the judgment of the Madison County Circuit Court denying his petition for post-conviction relief. Pursuant to a negotiated plea agreement, the petitioner pleaded guilty to aggravated burglary, especially aggravated kidnapping, and three counts of aggravated robbery in case number 07-337; aggravated burglary and theft in case number 07-285; and possession of marijuana and especially aggravated robbery in 07-286. The trial court sentenced him to an...http://www.plol.org/Pages/PublicDocument.aspx?d=wv%2baviMzzyg%2buoHRIy5XFw%3d%3d&l=CasesWed, 14 Apr 2010 00:00:00 GMTA Shelby County jury convicted the Defendant, Elgy Smith, of possession of... 5 grams or more of cocaine with the intent to sell, and possession of... 5 grams or more of cocaine with the intent to deliver, both Class B felonies; possession of marijuana with the intent to sell, and possession of marijuana with the intent to deliver, both Class E felonies. At sentencing, the trial court merged each pair of convictions and sentenced the Defendant to twenty-five years as a Range III, persistent...http://www.plol.org/Pages/PublicDocument.aspx?d=p4lZO9b7aJ9saQWxH54ZuA%3d%3d&l=CasesWed, 14 Apr 2010 00:00:00 GMTThe petitioner, Latoya Danielle Patton, appeals the Davidson County Criminal Court's denial of her petition for post-conviction relief. The petitioner, pursuant to a negotiated plea agreement, pled guilty to second degree murder, a Class A felony, and received a sentence of forty years. On appeal, the petitioner contends that her guilty plea was not knowingly and voluntarily entered due to the ineffective assistance of counsel in advising the petitioner. Following review, we affirm the judgment...http://www.plol.org/Pages/PublicDocument.aspx?d=cq8uW2eBXHP5ljoPQZorPA%3d%3d&l=CasesWed, 14 Apr 2010 00:00:00 GMTThe defendant, Quincy Bryan Banks, appeals the consecutive-sentencing decision of the Davidson County Criminal Court, which was imposed following remand from the Court of Criminal Appeals for resentencing. See State v. Quincy Bryan Banks, No. M2007-00545C-CA-R3-CD (Tenn. Crim. App., Nashville, Apr. 11, 2008). Upon our de novo review of the order of consecutive sentencing without a presumption of correctness, we vacate the judgments of the trial court and remand for further sentencing...http://www.plol.org/Pages/PublicDocument.aspx?d=Tlgu7X5P2d7fWTY7%2fIskpQ%3d%3d&l=CasesWed, 14 Apr 2010 00:00:00 GMTThe defendant, Stevie Leonard Kelly, appeals the sentencing decision of the Montgomery County Circuit Court. The defendant pled guilty to one count of possession of a Schedule II controlled substance and two counts of evading arrest. He was subsequently sentenced to concurrent sentences of ten years for the drug conviction and five years for each evading arrest. The trial court further ordered that the effective ten-year sentence be served in the Department of Correction consecutive to...http://www.plol.org/Pages/PublicDocument.aspx?d=T35VWo%2fKBwZqK0ZibXtQnA%3d%3d&l=CasesWed, 14 Apr 2010 00:00:00 GMTIn 1991, Ms. Street executed a note and deed of trust in favor of National Bank of Commerce. National Bank of Commerce immediately assigned the deed of trust to Troy & Nichols, Inc. In 1994, Chase acquired Troy & Nichols, and in 2003, National Bank of Commerce released the deed of trust. Chase brought suit claiming that the deed of trust had been erroneously released, seeking to rescind the releases and to reinstate the deed of trust. The trial court granted summary judgment to Chase, and we...http://www.plol.org/Pages/PublicDocument.aspx?d=fMnryKZqKjj7DVHXLhp9Ww%3d%3d&l=CasesWed, 14 Apr 2010 00:00:00 GMTThis is a Title IV-D child support case. Appellee State of Tennessee filed a petition for contempt against Appellant Father for failure to pay child support. The trial court granted the petition, finding Father in contempt for failure to pay child support, and ordering prospective child support as well as a monthly payment on arrears. After review of the appellate record, we have determined that, although the trial court ordered monthly payments of child support arrears, the order does not...http://www.plol.org/Pages/PublicDocument.aspx?d=uyhFXigtjTl%2fHlQD5gBa2w%3d%3d&l=CasesWed, 14 Apr 2010 00:00:00 GMTAppellees, as shareholders, leased a commercial building and property from a relative. When the relative died, the property was left to numerous heirs, including Appellees and the non-shareholder Appellants, and Appellee Carolyn Lyle was named property manager. Appellees fell behind on their rent owed pursuant to the lease, but ultimately repaid the arrearage, and disbursements were made to the property co-owners. Appellants sued, claiming that Lyle should be removed as property manager, that...http://www.plol.org/Pages/PublicDocument.aspx?d=E%2bC6ZwVNucojFUO6VkvBfQ%3d%3d&l=CasesTue, 13 Apr 2010 00:00:00 GMTThe plaintiff made a claim under his homeowner's insurance policy after his house burned. The insurer denied the claim because, after the policy was issued, the plaintiff deeded the property to his sons so that it would pass to them if he died, and he did not notify the insurer. The plaintiff sued the insurer for breach of contract. The insurer claimed that the plaintiff had no insurable interest in the property, that he breached a "warranty of ownership" under the policy, that he had a...http://www.plol.org/Pages/PublicDocument.aspx?d=DCNzXXnfv4pmki7axJvQFg%3d%3d&l=CasesTue, 13 Apr 2010 00:00:00 GMTAt the parties' divorce, Mother was named primary residential parent of their minor child and Father was allowed visitation. The parties continued living together for approximately one year following their divorce, and thereafter, they exercised alternating one-week visitation for approximately one year. Father petitioned to be named primary residential parent citing his increased visitation with the child as a material change in circumstances. The trial court denied his petition without making...http://www.plol.org/Pages/PublicDocument.aspx?d=M%2bKfuvsab7nHHq7UPz6dqA%3d%3d&l=CasesTue, 13 Apr 2010 00:00:00 GMTThe Defendant-Appellant, Harry Richard, pled guilty in the Criminal Court of Shelby County to driving while under the influence of an intoxicant, a Class A misdemeanor. He was sentenced to eleven months and twenty-nine days in a county workhouse. This sentence was suspended, and Richard was ordered to serve eleven months and twenty-eight days on probation. He was also assessed a six hundred dollar fine and ordered to pay fifteen dollars in other fees. Richard claims on appeal that the trial...http://www.plol.org/Pages/PublicDocument.aspx?d=buF9Xukyg0Ud0wscaROUrA%3d%3d&l=CasesTue, 13 Apr 2010 00:00:00 GMTThe defendant, Marquentis Johnson, pleaded guilty on June 20, 2005 to two counts of theft over $1,000, Class D felonies, and one count of theft over $500, a Class E felony, pursuant to a negotiated plea agreement. The trial court sentenced him as a standard offender to four years for each count of theft over $1,000 and two years for theft over $500, to be served concurrently for an effective sentence of four years in Community Corrections. The Circuit Court of Madison County revoked the...http://www.plol.org/Pages/PublicDocument.aspx?d=4fc8azS62TMcqBlhMVwkkA%3d%3d&l=CasesMon, 12 Apr 2010 00:00:00 GMTThe Petitioner, Jeffery T. Siler, Jr., appeals the Knox County Criminal Court's summary dismissal of his petition for post-conviction relief as untimely. On appeal, the Petitioner contends that due process considerations toll the one-year statute of limitations for post-conviction relief and entitle him to a delayed appeal. Upon review, we reverse the judgment of the post-conviction court... Prior to trial, the Petitioner pleaded guilty to the charge of attempted especially aggravated robbery...http://www.plol.org/Pages/PublicDocument.aspx?d=CRRYwWqkrQYVOEsOLkCD9A%3d%3d&l=CasesMon, 12 Apr 2010 00:00:00 GMTThe Petitioner, George Hardin, appeals as of right from the Bledsoe County Circuit Court's order summarily dismissing his petition for a writ of habeas corpus. The State has filed a motion requesting that this court affirm the order pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. The Petitioner seeks to re-litigate a previously litigated claim. Accordingly, the State's motion is granted and the judgment of the habeas corpus court is affirmed... The Petitioner was convicted of...http://www.plol.org/Pages/PublicDocument.aspx?d=myECTqetovA16eNiIsaxfQ%3d%3d&l=CasesMon, 12 Apr 2010 00:00:00 GMTThe Petitioner, Erodito D. Lopez-Carranza, was charged with one count of aggravated sexual battery, a Class B felony. See Tenn. Code Ann. § 39-13-504(b). On May 2, 2005, he pleaded guilty to one count of attempted aggravated sexual battery, accepting an out-of-range sentence of seven years in the Department of Correction, to be served as a multiple offender at thirty-five percent. On July 6, 2009, the Petitioner filed a petition for writ of habeas corpus in the Circuit Court for Hickman...http://www.plol.org/Pages/PublicDocument.aspx?d=YfJUpmKOYrw37qMNvKnhPg%3d%3d&l=CasesMon, 12 Apr 2010 00:00:00 GMTThe Defendant, Brian David Black, appeals from the Hamilton County Criminal Court's order revoking his probation for theft of property over $500, a Class E felony, and ordering him to serve his three-year sentence in the Department of Correction. He argues that the trial court erred in ordering his sentence to be served, rather than imposing some less severe sanction. We affirm the judgment of the trial court... The Defendant began serving his probation sentence in this case on February 27,...http://www.plol.org/Pages/PublicDocument.aspx?d=nkTGqP%2fXOSgK8TNjNWe2qg%3d%3d&l=CasesMon, 12 Apr 2010 00:00:00 GMTThe petitioner, Rodney Nelson, appeals the Shelby County Criminal Court's denial of his petition for post-conviction relief. The petitioner, in three separate cases, pled guilty to eight counts of aggravated robbery, Class B felonies, and two counts of aggravated burglary, Class C felonies, and received an effective sentence of 21.6 years as a mitigated offender. On appeal, the petitioner raises the single issue of whether his guilty plea was entered knowingly and voluntarily. Following review...http://www.plol.org/Pages/PublicDocument.aspx?d=VPIhqEUQ3LkLyPzuezBiOQ%3d%3d&l=CasesFri, 09 Apr 2010 00:00:00 GMTThe petitioner, Derrick D. Futch, pleaded guilty to aggravated sexual battery, a Class B felony. The trial court sentenced him to 8 years, at 100 percent, in the Tennessee Department of Correction. The petitioner filed a petition for post-conviction relief, which the post-conviction court summarily dismissed. The petitioner appeals the summary dismissal of his petition for post-conviction relief. After a review of the record, the parties' briefs, and applicable law, we reverse the judgment of...http://www.plol.org/Pages/PublicDocument.aspx?d=nhH6rluFCXKwMtSFHFrNMg%3d%3d&l=CasesFri, 09 Apr 2010 00:00:00 GMTDefendant-Appellant, Darrell Anderson, was convicted by a Shelby County jury of first degree premeditated murder and sentenced to life. In this appeal, he presents the following issues for our review: (1) whether the evidence was sufficient to support his conviction; (2) whether the trial court erred in giving a description of photographs that were not in evidence in response to a jury question; (3) whether the trial court erred in denying him an opportunity to make an offer of proof regarding...http://www.plol.org/Pages/PublicDocument.aspx?d=zOxYV2xvTmdqSzo6aICSeQ%3d%3d&l=CasesFri, 09 Apr 2010 00:00:00 GMTThe defendant, Corterrius Worthy, appeals the sentencing decision of the Shelby County Criminal Court. The defendant entered an open guilty plea to one count of robbery, a Class C felony. Following a hearing, the trial court denied the defendant's application for judicial diversion and sentenced the defendant to a term of three years. The court also denied the defendant's request for probation and ordered that the sentence be served in the Shelby County Workhouse. On appeal, the defendant...http://www.plol.org/Pages/PublicDocument.aspx?d=vTWnMoOlP4jOCkQ3AOtgbg%3d%3d&l=CasesFri, 09 Apr 2010 00:00:00 GMTFollowing a bench trial, the Petitioner, Dedrick Lamont Patton, was convicted of one count of possession with intent to sell twenty-six grams or more of cocaine, a Class B felony. See Tenn. Code Ann. § 39-17-417(i)(5). On January 5, 2009, he filed a petition for post-conviction relief, alleging a number of grounds. A hearing was held on this petition on June 15, 2009. The post-conviction court denied the Petitioner relief in an order dated June 18, 2009. The Petitioner now appeals,...http://www.plol.org/Pages/PublicDocument.aspx?d=ikolnk7iuX8qiP1N1Brbqg%3d%3d&l=CasesFri, 09 Apr 2010 00:00:00 GMTA Giles County jury convicted the Defendant, Steve Carl King, of attempted first degree murder, and the trial court sentenced him to twenty-two years in the Tennessee Department of Correction. On appeal the Defendant contends: (1) the evidence was insufficient to support his conviction; (2) the trial court erred when it admitted statements the Defendant gave to Illinois police; (3) the trial court erred when it allowed two witnesses to testify although the State had failed to disclose their...http://www.plol.org/Pages/PublicDocument.aspx?d=TpHSouvtD7uLuZlnco1lHQ%3d%3d&l=CasesFri, 09 Apr 2010 00:00:00 GMTA Davidson County Criminal Court jury convicted the defendant, Bruce Elliot, of conspiracy to possess 300 grams or more of cocaine, see T.C.A. § 39-17-417(j)(5) (2006); possession of 300 grams or more of cocaine, see id. § 39-17-417(j)(5); possession of a firearm by a convicted felon, see id. § 39-17-1307(b)(1)(a); possession of one-half ounce or more of marijuana, see id. § 39-17-417(g)(1); conspiracy to deliver 300 grams or more of cocaine within 1,000 feet of a school,...http://www.plol.org/Pages/PublicDocument.aspx?d=vQJ%2bPErL9x8Hlv4r10dWRw%3d%3d&l=CasesFri, 09 Apr 2010 00:00:00 GMTThe Defendant, Joseph Brennan, was charged with two counts of rape of a child, a Class A felony, and two counts of incest, a Class C felony. See Tenn. Code Ann. §§ 39-13-522(b)(1), -15-302(b). He pleaded guilty to two counts of incest and two counts of attempted rape of a child, a Class B felony. See Tenn. Code Ann. § 39-12-107(a). In accordance with his plea agreement, the trial court sentenced the Defendant, as a Range I, standard offender, to ten years for each attempted rape...http://www.plol.org/Pages/PublicDocument.aspx?d=Mw%2bUziwQiD%2fQMN7U1Jz8%2fw%3d%3d&l=CasesFri, 09 Apr 2010 00:00:00 GMTThe Defendant-Appellant, Joseph Ray Pinson, was convicted by a McNairy County jury of rape of a child, a Class A felony. He was sentenced as a child rapist to twenty years in the Tennessee Department of Correction. Pinson claims on appeal that the evidence was insufficient to support his conviction. Upon review, we affirm the judgment of the trial court... Facts... A grand jury in McNairy County indicted Joseph Ray Pinson for two counts of rape of a child and the misdemeanor offense of failure...http://www.plol.org/Pages/PublicDocument.aspx?d=9UtjdbFW1xtUq2mewZK5UQ%3d%3d&l=CasesFri, 09 Apr 2010 00:00:00 GMTDecedent was struck and killed by an on-duty City of Memphis police officer while attempting to cross the street. The trial court awarded $7,500.00 in a wrongful death award. Decedent's personal representative appeals, seeking an increased award. We affirm... ... ... I. FACTS & PROCEDURAL HISTORY... Son Jones ("Decedent"), a fifty-four year old man, was struck and killed by on-patrol Memphis police officer James Culpepper on December 21, 2003, while crossing the street in Memphis....http://www.plol.org/Pages/PublicDocument.aspx?d=YX%2fAV83dlc8YxjXPxplRyg%3d%3d&l=CasesFri, 09 Apr 2010 00:00:00 GMTPlaintiff subcontractor, sued contractor, who constructed a hotel for co-defendant owner of hotel for breach of contract. Construction company cross-filed against defendant hotel owner. The Trial Court, after hearing proof, entered a joint settlement judgment against both defendants on behalf of the plaintiff and based the judgment on the terms of the settlement agreement which had been entered in a prior action in a suit between the defendants. The owner of the hotel appealed. We hold the...http://www.plol.org/Pages/PublicDocument.aspx?d=dPnARNokYRBixCPBM%2fKlmQ%3d%3d&l=CasesThu, 08 Apr 2010 00:00:00 GMTPlaintiff landlord brought a detainer action against defendant in Sessions Court. On appeal to the Circuit Court, the Trial Court in its Judgment, awarded possession to plaintiff and awarded plaintiff a Judgment of $17,800.00 for the rent due and one-half of the 2009 ad valorem property taxes. Defendant has appealed. We affirm the Judgment of the Circuit Court... Plaintiff, Wayland-Goodman Properties ("Wayland") filed a detainer action in General Sessions Court against Southside Package...http://www.plol.org/Pages/PublicDocument.aspx?d=YAvQo4K%2fdygTVGKSfjWWKA%3d%3d&l=CasesThu, 08 Apr 2010 00:00:00 GMTThis is an appeal from the trial court's dismissal of the Appellant's petition for writ of mandamus for failure to state a claim. Because the Appellant failed to timely file his notice of appeal, this Court does not have subject matter jurisdiction over this appeal. Accordingly, we dismiss... This case began in 2008 when Appellant, Jason Sherwood ("Mr. Sherwood"), filed a petition for writ of mandamus with the Tennessee Supreme Court, naming Appellee, Judge Cheryl Blackburn ("Judge...http://www.plol.org/Pages/PublicDocument.aspx?d=akD5kxiQC9xrjr2TornPcQ%3d%3d&l=CasesThu, 08 Apr 2010 00:00:00 GMTIn this medical malpractice action, the plaintiff offered evidence of the standard of care required of defendant by an expert witness, and defendant offered evidence that it complied with the standard of care by an expert witness, who was accepted as an expert by the Trial Court. The Trial Judge ruled in favor of defendant, essentially accepting the defendant's evidence that it had met the standard of care for the deceased. Plaintiff appealed, insisting that the Trial Court did not...http://www.plol.org/Pages/PublicDocument.aspx?d=7L7Qu9D3eeQpNwGAAl0a6g%3d%3d&l=CasesThu, 08 Apr 2010 00:00:00 GMTThis appeal involves a mother's claims against her deceased adult son's estate. The trial court denied the majority of her claims but granted her partial relief on one issue that was not disputed by the son's estate. The mother appealed. We affirm... ... ... I. FACTS & PROCEDURAL HISTORY... Anderson Charles Carter, III ("Decedent") died intestate on February 21, 2008, at the age of 58. Decedent had taken over his family's farming operation when his father died in 2001 and continued to...http://www.plol.org/Pages/PublicDocument.aspx?d=uXn1hLNpO7h6a6%2fo1vLoHw%3d%3d&l=CasesThu, 08 Apr 2010 00:00:00 GMTThe plaintiff/appellant, an owner-operator truck driver, entered into a note, disclosure, and security agreement with the defendant/appellee, Union Planters Bank, for the purchase of a tractor-trailer truck. At the time of the original agreement, the bank promised to have the vehicle's title converted to a Tennessee certificate of title. The plaintiff filed suit several years later to recover damages incurred due to the bank's failure to timely provide a copy of said title. Prior to trial, the...http://www.plol.org/Pages/PublicDocument.aspx?d=AHkjjR7p1a9QQAjwVUSmsQ%3d%3d&l=CasesThu, 08 Apr 2010 00:00:00 GMTThe appellant, Timothy Scott Rauhuff, pled guilty in the Blount County Circuit Court to manufacturing no less than 20 and no more than 99 marijuana plants. He received a four-year suspended sentence. Subsequently, the State brought a revocation action, alleging that the appellant violated the terms of his probation. The trial court revoked the appellant's probation and ordered him to serve one year in confinement and the remainder of the sentence on intensive probation. On appeal, the appellant...http://www.plol.org/Pages/PublicDocument.aspx?d=%2bJadfoDkIcxU0i1z17c7sQ%3d%3d&l=CasesThu, 08 Apr 2010 00:00:00 GMTThe Defendant, Vincent Hunt, was convicted by a Shelby County jury of premeditated first degree murder and especially aggravated kidnapping. The trial court imposed an effective sentence of life plus forty years to be served in the custody of the Department of Correction. In this appeal as of right, the Defendant contends that (1) the evidence is insufficient to support his convictions and (2) the trial court erred in its application of enhancement factors in arriving at the forty-year sentence...http://www.plol.org/Pages/PublicDocument.aspx?d=2xKEMccTJwo1cx09ogQS%2fg%3d%3d&l=CasesThu, 08 Apr 2010 00:00:00 GMTA Washington County Criminal Court jury convicted the appellant, David A. Phillips, of reckless homicide, vehicular homicide, reckless aggravated assault, felony reckless endangerment, and misdemeanor drag racing. The trial court merged the reckless homicide conviction into the vehicular homicide conviction and sentenced the appellant to six years. The trial court sentenced the appellant to two years for the reckless aggravated assault conviction and one year for the felony reckless...http://www.plol.org/Pages/PublicDocument.aspx?d=onhKftBfTIrYI%2bgFziyNsQ%3d%3d&l=CasesWed, 07 Apr 2010 00:00:00 GMTInmate appeals the trial court's dismissal of a petition for writ of certiorari challenging a decision of the prison disciplinary board. Because we have determined that the trial court erred in failing to allow the inmate to amend his petition, we vacate the trial court's order of dismissal and remand for further proceedings... James Lafayette Moore, an inmate of the Tennessee Department of Correction ("TDOC"), filed a petition for common law writ of certiorari on December 18, 2008,...http://www.plol.org/Pages/PublicDocument.aspx?d=Hco%2fXgEulcx%2b6c4E8hm5pw%3d%3d&l=CasesWed, 07 Apr 2010 00:00:00 GMTThis is a divorce case ending a twenty-one year marriage. Following a three day trial, the trial court entered a parenting plan naming Appellee/Father as the primary residential parent, granting Father decision making authority, and providing Appellant/Mother with visitation. The trial court also entered judgment against Mother for retroactive child support since the parties separation and for marital debts that had been paid by the Father during the separation. Discerning no error, we...http://www.plol.org/Pages/PublicDocument.aspx?d=LCDDcNjecN%2bw2gOVQ4b44g%3d%3d&l=CasesWed, 07 Apr 2010 00:00:00 GMTThe Defendant, Andrew Hunter Heffel, was charged with one count of driving under the influence of an intoxicant. Before trial, he moved to suppress certain incriminating statements he made. The trial court granted his motion to suppress. The State was granted an interlocutory appeal from the order of the trial court suppressing the Defendant's statements. We reverse the order of the trial court and remand for further proceedings... Factual Background... We glean from the record before us that...http://www.plol.org/Pages/PublicDocument.aspx?d=IvWouzHh5BR08paAQsiALA%3d%3d&l=CasesTue, 06 Apr 2010 00:00:00 GMTThe defendant, Myrtle B. Lambert, appeals from her guilty-pleaded convictions of several counts of identity theft, forgery, and theft. On appeal, she argues that the trial court erroneously concluded that it was without jurisdiction to consider a pro se letter filed with the court on March 4, 2008, which, she claims, should have been treated as a motion to withdraw her guilty plea. Although we find the defendant's argument misplaced, we conclude that the court had jurisdiction to consider the...http://www.plol.org/Pages/PublicDocument.aspx?d=8MKj0MRLze7ABszIkI6aGA%3d%3d&l=CasesTue, 06 Apr 2010 00:00:00 GMTThe Defendant, John Lee Shields, pled guilty to one count of reckless aggravated assault, a Class D felony, with sentencing left to the determination of the trial court. Following a sentencing hearing, the trial court sentenced the Defendant to two years suspended to probation after the service of ten months incarceration in the county jail. In this appeal as of right, the Defendant contends that the trial court erred in sentencing him to split confinement. Following our review, we affirm the...http://www.plol.org/Pages/PublicDocument.aspx?d=X5lgDIUSqfrnyMGyp0L55Q%3d%3d&l=CasesTue, 06 Apr 2010 00:00:00 GMTThe pro se Petitioner, William Hunter Williams, appeals from the trial court's order denying his petition for the writ of habeas corpus. The State has filed a motion requesting that this court affirm the order pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. The petition fails to state a cognizable claim for habeas corpus relief. The State's motion is granted, and the judgment of the trial court is affirmed... According to the petition, the Petitioner pled guilty on December...http://www.plol.org/Pages/PublicDocument.aspx?d=a411Jd90vmhIz6xvqVe56w%3d%3d&l=CasesTue, 06 Apr 2010 00:00:00 GMTThe appellant, Flint Green, was convicted by a jury in the Sullivan County Criminal Court of possession of 26 grams or more of cocaine with the intent to sell, a Class B felony, and possession of marijuana, a Class A misdemeanor. The trial court imposed a total effective sentence of twenty years incarceration in the Tennessee Department of Correction. On appeal, the appellant challenges the sufficiency of the evidence supporting his convictions and the trial court's refusal to grant his motion...http://www.plol.org/Pages/PublicDocument.aspx?d=mB7lcdrpTMJWx%2b%2byIpUVww%3d%3d&l=CasesTue, 06 Apr 2010 00:00:00 GMTThe Defendant, Sidney Terrell Cason, was charged with one count of first degree felony murder, one count of especially aggravated robbery, a Class A felony, two counts of aggravated robbery, a Class B felony, and one count of aggravated kidnapping, a Class B felony. See Tenn. Code Ann. §§ 39-13-403(b), -402(b), -304(b)(1). On August 11, 2008, he pleaded guilty to one count of especially aggravated robbery and one count of second degree murder, a Class A felony. See Tenn. Code Ann....http://www.plol.org/Pages/PublicDocument.aspx?d=bV6cho2RNcQhfqO%2bO6NZUQ%3d%3d&l=CasesTue, 06 Apr 2010 00:00:00 GMTThe Defendant, Quortez Deshawn Duncan, was convicted by a Maury County jury of possession of... 5 grams or more of cocaine with the intent to sell, a Class B felony. The trial court sentenced the Defendant to nine years in the Department of Correction, to be suspended after service of one year. In this direct appeal, the Defendant argues that the evidence is insufficient to support his conviction and that his sentence is excessive. Concluding that the evidence is sufficient and that the...http://www.plol.org/Pages/PublicDocument.aspx?d=4wPesiNNlBLU4XAU8rN3Rw%3d%3d&l=CasesMon, 05 Apr 2010 00:00:00 GMTA Shelby County jury convicted the Petitioner, James Stout, of one count of especially aggravated robbery, and the trial court sentenced the Petitioner, a Range II offender, to forty years in the Tennessee Department of Correction ("TDOC"). The Petitioner filed a petition for habeas corpus relief, his second such petition, alleging that his conviction is void because: (1) his indictment was void because the grand jury foreperson issuing the indictment was appointed by a Shelby County...http://www.plol.org/Pages/PublicDocument.aspx?d=AdqckRYIDaGE26adWL5zuw%3d%3d&l=CasesMon, 05 Apr 2010 00:00:00 GMTFollowing a jury trial, the Petitioner, Henry Zillon Felts, was convicted of attempted first degree murder and aggravated burglary. He was sentenced to twenty-one years in the Department of Correction. This Court affirmed his convictions and sentences. See State v. Henry Zillon Felts, No. M2005-01215-CCA-R3-CD, 2006 WL 2563374 (Tenn. Crim. App., Nashville, Aug. 25, 2006). He subsequently petitioned for post-conviction relief. The Criminal Court of Sumner County found that the Petitioner...http://www.plol.org/Pages/PublicDocument.aspx?d=F0pAiLsRubTBX34fTKIE3Q%3d%3d&l=CasesMon, 05 Apr 2010 00:00:00 GMTFollowing a jury trial, Defendant, Anthony Cook, was convicted of attempted first degree premeditated murder, a Class A felony, and two counts of aggravated assault, a Class C felony. The trial court sentenced Defendant as a Range I, standard offender, to twenty years for his attempted murder conviction and three years for each aggravated assault conviction. The trial court ordered Defendant to serve his sentences concurrently for an effective sentence of twenty years. On appeal, Defendant...http://www.plol.org/Pages/PublicDocument.aspx?d=RTqOxRjzJs6FSLjkyDIGyA%3d%3d&l=CasesMon, 05 Apr 2010 00:00:00 GMTThe Transportation Licensing Commission revoked Petitioner's license to operate a wrecker service. The chancery court upheld the revocation. We affirm... This dispute concerns the revocation of Petitioner's license to operate a wrecker service by the Transportation Licensing Commission of Metropolitan Government of Nashville and Davidson County ("the Commission") in February 2009. The facts relevant to our disposition of this matter are undisputed. Petitioner/Appellant Mark Wayman d/b/a...http://www.plol.org/Pages/PublicDocument.aspx?d=I1gaFsYRDasJN5GeCyYXLA%3d%3d&l=CasesMon, 05 Apr 2010 00:00:00 GMT