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Posted by: Tanja Trezise on Jun 3, 2021

Defendant, Crystal Rickman, was convicted by a jury of aggravated assault by strangulation or attempted strangulation and domestic assault. The trial court imposed an effective fifteen-year sentence, as a Range III persistent offender, to be served in the Department of Correction. On appeal, Defendant argues: that the evidence was insufficient to support her convictions; that she was denied a fair and impartial trial because of inadmissible hearsay; that she was denied the right to a fair and impartial trial because neither the State nor the defense called the victim to testify at trial; that the trial court erred by failing to instruct the jury as to the missing witness rule; that the trial court erred by not allowing her to call witnesses to testify at the motion for new trial hearing; and that her sentence was excessive. Following our review of the entire record and the briefs of the parties, we affirm the judgments of the trial court.

Posted by: Tanja Trezise on Jun 3, 2021

A jury convicted the Defendant of driving under the influence of an intoxicant, driving in excess of the speed limit, and violating the light law, and he received an effective sentence of eleven months and twenty-nine days, with the sentence to be suspended after fourteen days in confinement. On appeal, the Defendant asserts that the trial court erred in denying his motion to suppress certain statements made to law enforcement. After a review of the record, we conclude that the Defendant was not in custody under Miranda v. Arizona, 384 U.S. 436 (1966), and we affirm the judgments.

Posted by: Tanja Trezise on Jun 3, 2021

Calvin Jones, Petitioner, filed a pro se petition seeking post-conviction relief from his 2012 convictions for aggravated child abuse and first degree felony murder. Following an evidentiary hearing, the post-conviction court denied relief. After a thorough review of the record and applicable law, we affirm the judgment of the post-conviction court.

Posted by: Tanja Trezise on Jun 3, 2021

Rico Huey, Petitioner, filed a pro se petition seeking post-conviction relief from his 2016 aggravated robbery conviction. Appointed counsel filed an amended petition. Following an evidentiary hearing, the post-conviction court denied relief. After a thorough review of the record, we affirm the judgment of the post-conviction court.

Posted by: Tanja Trezise on Jun 3, 2021

This is an appeal from a termination of parental rights case. While the trial court concluded that two grounds for termination existed in this case, it determined that there was a lack of clear and convincing evidence that the termination of the mother’s rights was in the child’s best interests. For the reasons stated herein, namely the absence of appropriate findings under Tennessee Code Annotated section 36-1-113(k), we vacate the trial court’s order with respect to the grounds for termination and remand the case for the preparation of appropriate findings of fact and conclusions of law.

Posted by: Tanja Trezise on Jun 3, 2021

Defendant appeals the trial court’s decision to grant summary judgment to the plaintiff in this breach of contract case. Because Appellant failed to comply with Rule 27 of the Tennessee Rules of Appellate Procedure and Rule 6 of the Rules of the Court of Appeals of Tennessee, we dismiss this appeal and remand to the trial court for a determination of the plaintiff’s damages incurred in defending a frivolous appeal.

Posted by: Tanja Trezise on Jun 2, 2021

The Appellant, Bobby Wayne Centers, was convicted by a jury in the White County Criminal Court of the sale of 26 grams or more of methamphetamine, the delivery of 26 grams or more of methamphetamine, the possession of 26 grams or more of methamphetamine with the intent to sell; and the possession of 26 grams or more of methamphetamine with the intent to deliver. The trial court merged the sale of methamphetamine conviction and the possession with intent to sell methamphetamine conviction into a single conviction and merged the delivery of methamphetamine conviction and the possession with intent to deliver methamphetamine conviction into a single conviction. The trial court imposed concurrent sentences of eighteen years as a Range II, multiple offender with release eligibility after service of thirty-five percent of the sentence in confinement. On appeal, the Appellant contends that the trial court erred by allowing Agent Eaton to narrate the video of the drug transaction. Upon review, we conclude that the case must be remanded to the trial court for the correction of the judgments to reflect the merger of all of the convictions into the sale of methamphetamine conviction. The judgments of the trial court are affirmed in all other respects.

Posted by: Tanja Trezise on Jun 2, 2021

This appeal arises from the denial of the plaintiff’s Tenn. R. Civ. P. 60.02 motion requesting relief from an agreed-upon permanent parenting plan that was approved by the court and incorporated into the final divorce decree. The plaintiff contended that the defendant spouse lacked standing to seek custody and visitation of the minor children, who were conceived by in vitro fertilization; therefore, the permanent parenting plan was void for lack of subject matter jurisdiction, i.e., standing was jurisdictional. The material facts are that the couple entered into a contract with a reproductive clinic in October 2013 to perform an in vitro fertilization procedure, with each party signing the contract as “Prospective Parent.” The reproductive clinic impregnated the plaintiff with embryos created from the plaintiff’s eggs and donated sperm. As a result of the procedure, the plaintiff gave birth to twins in July 2014. The parties, a same-sex couple, married in June 2015, shortly following the United States Supreme Court’s decision in Obergefell v. Hodges, 576 U.S. 644 (2015). In August 2017, the plaintiff filed for divorce, contending there were no children born of the marriage, and the defendant filed an answer and a counter-complaint alleging there were two children born of the marriage and requesting that the court designate her as the primary residential parent. After the parties resolved all issues, the trial court entered a final divorce decree, incorporating an agreed-upon permanent parenting plan that (1) stated the children were a product of the parties’ marriage, (2) designated the plaintiff as the primary residential parent with 240 days of parenting time per year and designated the defendant as the alternate residential parent with 125 days of parenting time, (3) provided for joint decision-making authority, and (4) ordered the defendant to pay child support. Three months after the divorce decree became a final judgment, the plaintiff filed the Rule 60.02 motion at issue in this appeal. Following briefing and a hearing, the trial court determined that the defendant was able to establish parentage under Tenn. Code Ann. § 36-2-403 because she met the requirements of the statute, in that she was a party to the written contract consenting to the in vitro fertilization procedure, and she accepted full legal rights and responsibilities for the embryos and any children that resulted. The trial court also determined that the defendant was entitled to the presumption that she was the children’s parent in accordance with § 36-2-304(a)(4) because the defendant held the children out as her natural children. For these and other reasons, the trial court denied the plaintiff’s Rule 60.02 motion for relief. This appeal followed. Because the custody and visitation statutes specifically provide that only a parent has standing to seek custody and visitation in a divorce action, “the issue of standing is interwoven with that of subject matter jurisdiction and becomes a jurisdictional prerequisite.” Osborn v. Marr, 127 S.W.3d 737, 740 (Tenn. 2004). Therefore, the defendant must fit the statutory definition of “parent” for the court to have jurisdiction to grant visitation. Tennessee Code Annotated § 36-2-403 provides the single means of establishing the parentage of children born as a result of the in vitro fertilization procedure. See Tenn. Code Ann. § 36-2-401. Contrary to the plaintiff’s contention that all of the gametes (both the sperm and the egg) must be donated for § 36-2-403 to apply, we read the statute as addressing situations such as this one, where only half of the gametes are donated, as well as situations where all of the gametes are donated. Because the defendant contractually agreed to accept full legal rights and responsibilities for the embryos and any children produced as a result, the defendant is presumed to be the children’s parent under § 36-2-403(d); therefore, the defendant had standing to seek custody and visitation in the underlying divorce action. Accordingly, the trial court had subject matter jurisdiction over the controversy. For these reasons, we affirm the trial court’s decision to deny the plaintiff’s Rule 60.02 motion for relief from the judgment.

Posted by: Tanja Trezise on Jun 2, 2021

This appeal arises out of a dispute over a mobile home and real property. Because the appealed order awards reasonable attorney’s fees but does not set the amount of those fees, we dismiss the appeal for lack of a final judgment.

Posted by: Tanja Trezise on Jun 2, 2021

The plaintiff and defendant were in a car accident when the defendant’s car rear-ended the plaintiff’s car. The defendant admitted liability, leaving only the issue of damages for trial. The jury awarded the plaintiff some damages, but the plaintiff argued he was entitled to a larger sum than the jury awarded. The plaintiff also argued that the defendant’s attorney misrepresented the evidence in his closing argument and that he was entitled to a new trial. We conclude that the jury’s verdict was supported by material evidence and that the trial court did not abuse its discretion in denying the plaintiff’s motion for a new trial.


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