We granted this appeal to consider whether the courts below correctly held that Missouri v. Seibert, 542 U.S. 600 (2004), does not bar the introduction into evidence of the defendant's Mirandized2 videotaped confession which occurred after the defendant made an incriminating admission during a prior unwarned custodial interrogation. This Court has not previously interpreted and applied Seibert. After carefully considering the plurality opinion, the concurring opinions, and the dissenting...  

This 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. While at work for the Employer, the Employee's hair was caught in machinery, which violently pulled her head into the machine. Her scalp was pulled away from her skull. She received treatment at an emergency room. In the months that...  

This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated section 50-6-225(e)(3) for a hearing and a report of findings of fact and conclusions of law. Employee sustained an injury to her shoulder in April 2005 while working for Employer. When she returned to the office, she made a statement in the presence of her supervisor and others that she had injured her shoulder. The supervisor...  

This is a divorce case. Husband/Appellant appeals, alleging that the trial court erred in: (1) denying his request for equal parenting time, (2) awarding rehabilitative alimony to Wife/Appellee, (3) imputing income of $6.00 per hour to Wife/Appellee for purposes of setting child support, and (4) awarding Wife/Appellee's attorney fees as alimony in solido. Wife/Appellee asserts error in the trial court's awarding Husband/Appellant certain property, and seeks attorney's fees for this appeal. We...  

Zoning administrator denied a waiver of the Metropolitan Zoning Code's landscape buffer requirement and the Board of Zoning Appeals upheld the administrator's interpretation of the ordinance. Plaintiff contractor appealed to the circuit court, which determined that the zoning administrator's interpretation of the ordinance was incorrect and granted the waiver. The Board of Zoning Appeals appealed. The trial court's interpretation of the ordinance is affirmed, but the decision to grant the...  

This is a partition case between tenants in common. Appellant herein maintained sole possession of the property, although Appellee was not excluded from the property, and did not abandon her interest. Appellee sought partition, reimbursement for rents, and reimbursement for Appellee's use of the property. Appellant counter-claimed for reimbursement for improvements to and maintenance of the property, and for reimbursement for loans that Appellant, in his sole discretion, had made. The trial...  

Mother appeals award of joint custody on the basis that the court applied a presumption in favor of joint custody. While the trial court may have applied an erroneous presumption favoring joint custody, we conclude that use of the presumption was harmless as the evidence does not preponderate against the trial court's award of joint custody... Jessica Stacey ("Mother") and Floyd Clifford Archer, Jr. ("Father") are the parents of a child born in September 2006. The parties were...  

This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated section 50-6-225(e)(3) for a hearing and a report of findings of fact and conclusions of law. Employee and Employer entered into a court-approved settlement agreement in 1988. The agreement required Employer to continue to provide medical treatment for the injury in accordance with the workers' compensation law. Employee received...  

In this post-divorce case, the primary issue presented is whether the evidence preponderates against the trial court's determination that custody of the parties' two children should be changed from the mother to the father. After a brief hearing at which neither the mother nor her counsel was present, the trial court applied a comparative fitness analysis without discussing or ruling upon whether a material change of circumstances had occurred. The trial court held it to be in the children's...  

This case is one of many in a long-running controversy surrounding the structure and makeup of the Knox County government. The plaintiffs filed this action during the early stages of that controversy, seeking a declaratory judgment regarding the validity of the charter of the Knox County government. That issue has since been decided by the Supreme Court in a separate case. The trial court granted the defendants' motions to dismiss. We hold that all of the issues raised in the pleadings in this...  

This is the second appeal of a contract dispute between a homeowner and the contractor he engaged to make improvements to his home. The homeowner contends that the trial court erred by awarding the contractor attorney's fees on remand following the first appeal because the contractor waived its claim of attorney's fees, the contractor is judicially estopped to claim attorney's fees, and the trial court lacked jurisdiction to award attorney's fees following remand. We have determined the...  

The Petitioner, Earl Marion Grindstaff, appeals from the order of the Cocke County Circuit Court dismissing his petition for post-conviction relief. He argues that the dismissal was error because he did not receive the effective assistance of counsel prior to pleading guilty to five counts of aggravated sexual battery, and because his sentencing hearing was held more than forty-five days after his guilty plea submission hearing. Following our review of the record and the parties' briefs, we...  

Jackson O'Dell, Jr., ("Plaintiff") sued Jackson C. O'Dell, III and Calvin David O'Dell ("Defendants") alleging civil conspiracy and outrageous conduct. Defendants filed a motion to dismiss, which the Trial Court granted. Plaintiff appeals to this Court. We affirm the dismissal of Plaintiff's claims for civil conspiracy and outrageous conduct, but hold that Plaintiff did state a claim for alleged violations of the Tennessee Limited Liability Company Act, Tenn. Code Ann. §...  

In this breach of contract dispute, all parties appeal from the Trial Court's Judgment. We affirm... In this breach of contract action, plaintiff sued Shoremaster and Galva Foam Marine Industries, alleging that it was engaged in the business of designing, selling, and installing docking and marinas, and that it had entered into agreements with both defendants regarding selling their products... Plaintiff alleged that in the summer of 2003, defendants merged into one entity, and asked plaintiff...  

The Defendant, Thaddeus Eugene Reid, was convicted of three counts of aggravated rape1 and one count of aggravated burglary2 after a jury trial. In this direct appeal, the Defendant makes the following claims that: (1) the evidence below was insufficient to support his convictions; (2) the presence of additional security at trial prejudiced the jury against him; (3) the trial court unconstitutionally increased his sentence because enhancement factors were not found by a jury; (4) the trial...  

This appeal arises from post-divorce proceedings involving child support obligations. The original divorce and support orders were entered in Michigan. The mother subsequently moved to North Carolina, and the child support order was transferred to that state. The father moved to Tennessee and became delinquent in making his support payments. The mother began to receive public assistance and executed an income assignment assigning to North Carolina the right to receive the back child support...  

We here review a trial court's denial of the defendants' motion to compel arbitration. Each defendant is alleged to have been involved in the ownership and operation of a nursing home facility at which the mother of the plaintiff was a resident prior to her death. The mother had, several years earlier, executed a general durable power of attorney naming one of her daughters as her attorney-in-fact. Later that daughter signed a letter purporting to give another of the mother's daughters certain...  

The Shelby County Assessor and Shelby County moved to intervene in a probate case in order to amend a prior order previously entered adjudicating a claim made against the decedent's estate by the City of Memphis for delinquent personal property taxes. The would-be intervenors claimed as their interest in the case the possibility that the probate court's decision might be deemed preclusive in a tangentially related chancery proceeding. The probate court denied the motion to intervene and ordered...  

This appeal arises from a divorce action. The issues presented on appeal relate to the trial court's classification and division of the parties' property. We affirm... Meta-Sue Jones Woodall ("Wife") and Jethero Jackson Woodall, Jr. ("Husband") were married in 1968. At the time of the marriage, Husband was forty years of age and Wife was thirty-four years of age. It was the third marriage for both. No children were born of the marriage. Wife... ... ... filed a complaint for...  

This wrongful death and personal injury action arises from a fatal fire at an apartment complex. The defendants are Nashville Electric Service and the owner and operator of the apartment complex. A Complaint, filed on behalf of the plaintiffs, the estates of two deceased children, the decedents' mother, and her fiancé, was filed on the anniversary of the fire, and the Clerk of the Circuit Court immediately issued the summons to be served on each defendant and handed them to the plaintiffs'...