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Posted by: Tanja Trezise on Jan 8, 2015

Plaintiff/Appellee Mark Andrew Miller (“Father”) filed a petition for contempt against Defendant/Appellant Annie Elizabeth Miller (“Mother”). After conducting a hearing, the trial court found Mother guilty of two counts of criminal contempt. Mother appealed asserting that the trial court lacked jurisdiction over the matter or, alternatively, that the evidence did not support a finding that she acted willfully. Although we conclude that the trial court had jurisdiction to adjudicate Father’s petition for contempt, we agree with Mother that the contempt convictions should be overturned.

Posted by: Tanja Trezise on Jan 8, 2015

This appeal arises from a dispute over child custody. Charles W. Hendricks (“Father”) and Lori A. Smith (“Mother”) entered into an agreed permanent parenting plan concerning their two minor children (“the Children”). Less than two weeks after entry of the plan, Father filed a motion for custody of the Children in the Juvenile Court for Hamilton County (“the Juvenile Court”) alleging that the parenting plan had been procured by fraud as Mother had not disclosed that she worked as a licensed prostitute in Nevada.

Posted by: Tanja Trezise on Jan 7, 2015

An employee was exposed to a chemical in the course of his employment. He alleged that he developed a disabling pulmonary condition as a result of the exposure. His employer denied that the condition was caused by the exposure. The trial court found for the employee and awarded permanent partial disability and other benefits. The employer has appealed, contending that the evidence preponderates against the finding of causation.

Posted by: Tanja Trezise on Jan 7, 2015

An employee injured her shoulder while working for her employer and failed to make a meaningful return to work. The Claims Commission awarded the employee 55% permanent partial disability. The employer appealed, arguing that the award is excessive because the Commissioner erred in assessing an 11% anatomical impairment rating and in applying a five times multiplier. We modify the Commissioner’s judgment, and affirm as modified.

Posted by: Tanja Trezise on Jan 7, 2015

A jury convicted the defendant, William Darelle Smith, of first degree (premeditated) murder, and he was sentenced to life in prison. On appeal, this court affirmed the denial of the motion for a new trial. The defendant appealed a single issue to the Tennessee Supreme Court: that his right to an impartial jury was compromised because the trial court did not hold a hearing after the discovery, during jury deliberations, that a juror was not only acquainted with one of the State’s witnesses but had sent the witness a communication through Facebook complimenting her on her testimony.

Posted by: Tanja Trezise on Jan 7, 2015

Defendant, William Edward Arnold, Jr., was indicted by the Davidson County Grand Jury for three counts of aggravated sexual battery and three counts of rape of a child for acts that took place while Defendant was a mentor for the victim through Big Brothers Big Sisters. Prior to trial, Defendant sought to introduce evidence of the victim’s prior sexual knowledge pursuant to Tennessee Rule of Evidence 412. The trial court granted the motion in part but prohibited the introduction of any extrinsic evidence at trial.

Posted by: Tanja Trezise on Jan 7, 2015

This is an interlocutory appeal regarding the trial court’s denial of the defendants’ motions for summary judgment. The plaintiffs filed this lawsuit following a shooting that occurred on December 24, 2011, outside Club Fathom in Chattanooga, a youth outreach ministry operated by two of the defendants. The defendants moved for summary judgment. The trial court denied their motions, and the defendants sought and were granted an interlocutory appeal. We determine that the court erred in failing to grant summary judgment to the defendants regarding the plaintiffs’ negligence claims.

Posted by: Tanja Trezise on Jan 6, 2015

This is a termination of parental rights appeal brought by the incarcerated father. The trial court found clear and convincing evidence to support termination of the father’s parental rights on the statutory grounds of abandonment and confinement under a sentence of ten years or more. The court further found that termination of the father’s parental rights was in the best interest of the children. The father appeals. We affirm.

Posted by: Tanja Trezise on Jan 5, 2015

The Petitioner, Grover D. Cowart, appeals the habeas corpus court’s summary dismissal of his petition for writ of habeas corpus, or, in the alternative, motion to correct an illegal sentence pursuant to Tennessee Rule of Criminal Procedure 36.1. On appeal, the Petitioner contends that (1) the judgments of conviction in Case No. 50934 are void; (2) the judgment of conviction in Count 1 of Case No. 50934 is too “indefinite and ambiguous” to run consecutively to his conviction in Case No. 49900; (3) the judgments of conviction in Counts 2 and 3 in Case No.


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