Articles

All Content


4,049 Posts found
Previous • Page 153 of 405 • Next
Posted by: Karen Belcher on May 31, 2022

The pro se Petitioner, Mike Settle, appeals the dismissal of his Tennessee Rule of Criminal Procedure 36.1 claim. Upon our review, we affirm.

Posted by: Karen Belcher on May 31, 2022

This appeal arises from a cornplaint for divorce filed in 2018. The multi-faceted litigation of this matter included three interspousal tort claims tried together with the divorce action, the adjudication of a motion for an order of protection and a petition for a restraining order, two contempt proceedings, two motions to recuse, interlocutory appeals to this Court, the denial of permission to appeal by the Tennessee Supreme Court, and the denial of certiorari by the United States Supreme Court. Proceedings in the trial court also precipitated two federal court actions. Following a six-day trial in 2020 and a stay of proceedings pending the Supreme Court's order on Wife's application for a writ of certiorari, the trial court entered final judgment in the matter in November 2021. Wife appeals the trial court's classification, valuation, and division of property. Wife also appeals the trial court's denial of her second motion to recuse. Discerning no evidence of bias, we affirm the trial court's denial of Wife's second motion to recuse. The trial court's classification, valuation, and division of property is reversed in part, and affirmed in part as modified.

Posted by: Karen Belcher on May 31, 2022

For the week of May 23, 2022 to May 27, 2022

Posted by: Karen Belcher on May 25, 2022

The Defendant, James Rodney Smith, was convicted of arson following a jury trial, and he was sentenced to four years on probation and ordered to pay $15,000 in restitution. No appeal was filed, and the Defendant sought post-conviction relief and was permitted to file a delayed motion for a new trial and appeal. James Rodney Smith v. State, No. M2019-00820-CCA-R3-PC, 2020 WL 3832996, at *6 (Tenn. Crim. App. July 8, 2020) (reversing the post-conviction court’s denial of post-conviction relief and remanding for a hearing on due process tolling), no perm. app. filed. On appeal of the conviction, the Defendant challenges the sufficiency of the evidence, the unanimity of the jury verdict, and the restitution order. After review, we affirm the trial court’s judgment.

Posted by: Karen Belcher on May 25, 2022

The Petitioner, Johnathan Robert Leonard1, sought post-conviction relief from his convictions of three counts of rape of a child, two counts of soliciting sexual exploitation of a minor, and one count of aggravated sexual battery, for which he received an effective ninety-six-year sentence. Relevant to this appeal, he alleged that counsel was ineffective because counsel failed to adequately meet and confer with him, preserve for appeal several issues related to prosecutorial misconduct during trial proceedings, and appeal his sentence. See Johnathan Robert Leonard v. State, No. M2018-01737-CCA-R3-PC, 2019 WL 5885085, at *1 (Tenn. Crim. App. Nov. 12, 2019), perm. app. denied (Tenn. Mar. 26, 2020). Following a hearing, the post-conviction court granted the Petitioner relief in the form of a delayed appeal regarding his claim that counsel was ineffective in failing to appeal his sentence, but this court reversed and remanded for adjudication of the Petitioner’s remaining allegations. Id. at *9. On remand, the post-conviction court denied the Petitioner’s remaining claims after a second evidentiary hearing. The Petitioner appeals, maintaining that counsel failed to adequately meet and confer with him and to preserve for appeal claims related to prosecutorial misconduct. We affirm the post-conviction court’s judgment.

Posted by: Karen Belcher on May 25, 2022

An inmate filed this case alleging that he sustained injuries while in the county jail after slipping on water in his cell. The trial court granted the county’s motion for summary judgment, ruling that the county lacked actual or constructive notice of the alleged dangerous condition. Because we conclude that the inmate submitted sufficient proof to create a dispute of material fact as to the county’s actual notice of the alleged dangerous condition, we reverse.

Posted by: Karen Belcher on May 25, 2022

Appellant appeals the trial court’s dismissal of this cause of action on the basis that it was filed by a deceased plaintiff and therefore a nullity that could not be corrected via amendment. We affirm.

Posted by: Karen Belcher on May 25, 2022

This interlocutory appeal arises from a health care liability action. The defendant filed a motion to dismiss based on the statute of limitations. In response, the plaintiff invoked the discovery rule and argued that his claim was timely filed after he learned the identity of the defendant. The plaintiff submitted an affidavit of counsel in an effort to detail the due diligence undertaken by the plaintiff to ascertain the identity of the defendant. Upon considering the affidavit, the trial court denied the defendant’s motion to dismiss. However, the trial court granted permission for the defendant to seek an interlocutory appeal. This Court granted the defendant’s application. We now affirm the trial court’s order and remand for further proceedings.

Posted by: Karen Belcher on May 25, 2022

The employee, a warehouse worker, reported experiencing neck pain while operating a reach truck and looking up repetitively. After reporting his symptoms to the employer, the employee was evaluated by a panel-selected physician, who recommended surgery but concluded the employee’s cervical spine condition did not arise primarily out of the employment. Thereafter, the employer filed a motion for summary judgment, asserting it had negated an essential element of the employee’s claim and had established the employee’s evidence of causation was insufficient as a matter of law. In response, the employee attacked the factual basis of the physician’s causation opinion but did not offer a countervailing expert opinion. The trial court denied the employer’s motion for summary judgment, concluding the employee had raised one or more genuine issues of material fact concerning the factual basis of the physician’s causation opinion, and the employer appealed. We affirm the trial court’s order and remand the case.


Previous • Page 153 of 405 • Next