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Posted by: Brittany Sims on May 6, 2014

This is an appeal from an administrative decision permanently revoking a real estate broker’s license. The Chancery Court reversed the decision of the administrative panel, finding that the decision was not based on substantial and material evidence, that the procedure utilized violated both statutory and constitutional principles, and that the administrative panel demonstrated “evident partiality.” We reverse the decision of the Chancery Court and reinstate the decision of the administrative panel. Reversed and remanded.

Posted by: Brittany Sims on May 6, 2014

Land owner applied to the Sumner County Board of Zoning Appeals for a conditional use permit to operate a quarry with accessory asphalt and concrete plants and rock crushing facilities. After a public hearing, the Board denied the application. The land owner filed a petition for a writ of certiorari seeking review of the Board’s decision; the trial court affirmed the Board’s denial. Finding no error, we affirm the decision of the trial court.

Posted by: Brittany Sims on May 6, 2014

This appeal arises from a divorce action. The husband appeals the trial court’s division of marital property and debt and the award of compensatory and punitive damages to the wife for injuries she allegedly sustained at the hands of the husband. We affirm.

Posted by: Brittany Sims on May 6, 2014

is is a personal injury action in which Plaintiff sued Defendant for injuries she sustained as a result of a two-vehicle accident. The jury found the parties equally at fault, and the trial court affirmed the jury’s verdict. On appeal, Plaintiff argues that the verdict was contrary to the weight of the evidence and that the trial court erred in limiting testimony concerning Defendant’s acceptance of fault at the scene of the accident. We affirm.

Posted by: Brittany Sims on May 6, 2014

Following a jury trial, the Defendant, Harold Morris, was convicted of aggravated rape, a Class A felony; aggravated robbery, a Class B felony; and aggravated burglary, a Class C felony. See Tenn. Code Ann. §§ 39-13-402, -13-502, -14-403. The trial court imposed an effective sentence of twenty-five years to be served at one hundred percent. On appeal, the Defendant contends (1) that the trial court erred in denying his motion to suppress evidence and (2) that the trial court erred in denying his motion to dismiss on the grounds that his right to a speedy trial had been violated.

Posted by: Brittany Sims on May 6, 2014

Petitioner, Jonathon C. Hood, appeals from the summary dismissal of his petition for writ of habeas corpus. On appeal, he contends that he is entitled to habeas corpus relief from the imposition of ongoing punishment in the form of fines. Following our review, we affirm the judgment of the habeas corpus court pursuant to Rule 20 of the Rules of the Tennessee Court of Criminal Appeals.

Posted by: Brittany Sims on May 5, 2014

This is a grandparent visitation case. The grandparents filed a petition seeking to have a parenting plan established which designated them as primary caregivers or, in the alternative, provided them with “regular custodial time” with respect to a grandson who previously lived at their home. The juvenile court judge held that the Grandparents did not prove that the mother opposed visitation, and dismissed the petition. Concluding that the evidence does not preponderate against the court’s finding that the mother did not oppose visitation, we affirm the dismissal of the petition.

Posted by: Brittany Sims on May 5, 2014

Appellant, Jonathan Ray Chapman, was convicted of aggravated robbery, and the trial court sentenced him to ten years in confinement. On appeal, appellant argues that the trial court erred by: (1) admitting his videotaped confession into evidence and (2) failing to admit a statement made by his girlfriend into evidence. Following our review of the parties’ briefs, the record, and the applicable law, we affirm the trial court’s judgment.

Posted by: Brittany Sims on May 5, 2014

Defendant, Malcolm W. Bennett, was charged by indictment with Class C felony aggravated assault. In a negotiated plea agreement, he entered a “best interest” guilty plea to the amended charge of Class D felony reckless aggravated assault of the victim, a ten-year-old boy. The parties also agreed that Defendant would be sentenced as a Range II multiple offender, with the length and manner of service to be determined by the trial court. After the sentencing hearing, the trial court sentenced Defendant to serve eight years in the Department of Correction.


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