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Posted by: Chandra Williams on May 20, 2016

Health care liability action filed in November 2002 in which patient alleges that physician was negligent in failing to assess her condition, failing to provide proper medical care, failing to admit her to the hospital or refer her to another doctor, and failing to properly follow-up with her. The trial court granted summary judgment on all claims and, following an appeal to this court in which we reversed the grant of summary judgment on all claims, the Supreme Court reinstated summary judgment on the failure to admit claim and remanded the case for trial on the remaining claims.

Posted by: Chandra Williams on May 20, 2016

This appeal involves a post-divorce parental relocation. The mother notified the father that she intended to relocate outside of Tennessee with the parties? minor son. The father filed a petition opposing the relocation on the grounds that it would not be in the child?s best interest; the petition was filed outside the 30-day filing period set forth in Tennessee Code Annotated section 36-6-108. The trial court excused the untimely filing of the father?s petition, reasoning that the mother waived the defense by failing to plead it as an affirmative defense.

Posted by: Chandra Williams on May 20, 2016

This appeal involves the termination of a mother and father?s parental rights to their children. Following a bench trial, the trial court found that clear and convincing evidence existed to support the termination of each parent?s rights on the statutory grounds of abandonment for failure to visit, abandonment based upon each parent?s conduct prior to incarceration that exhibited a wanton disregard for the children?s welfare, substantial noncompliance with the permanency plans, and the persistence of conditions which led to removal.

Posted by: Chandra Williams on May 20, 2016

Mother appeals the termination of her parental rights on grounds of abandonment by willful failure to visit and wanton disregard. Because the trial court entered an order during the proceedings that excluded wanton disregard as a ground and this ground was not tried by implied consent, we reverse the trial court?s finding of wanton disregard. In addition, the trial court failed to make any finding that Mother?s failure to visit the child was willful. Accordingly, we vacate this ground and remand to the trial court for further proceedings.

Posted by: Chandra Williams on May 19, 2016

This appeal involves the termination of a mother and father’s parental rights to their children. Following a bench trial, the trial court found that clear and convincing evidence existed to support the termination of each parent’s rights on the statutory grounds of abandonment for failure to visit, abandonment based upon each parent’s conduct prior to incarceration that exhibited a wanton disregard for the children’s welfare, substantial noncompliance with the permanency plans, and the persistence of conditions which led to removal.

Posted by: Chandra Williams on May 19, 2016

This appeal arises from a contract dispute. The Tennessee Department of Environment and Conservation (“TDEC”) contracted with a third party for the collection and disposal of certain types of waste. The contract required the waste to be disposed of within the United States. TDEC claimed the contractor allowed waste to move outside the United States and, as a result of the alleged contract violation, recouped a portion of the contract payments by “short-paying.” The contractor filed a complaint with the Tennessee Claims Commission to recover the recouped payments.

Posted by: Chandra Williams on May 18, 2016

Defendant, Anthony R. Smith, Jr., filed a motion to dismiss his indictment for possession of a firearm after having been convicted of a felony drug offense, which was granted by the trial court. The State appealed the dismissal. Upon our review of this matter of first impression, we determine that the definition of “felony” provided in Tennessee Code Annotated section 39-11-110 controls the determination of whether an out-of-state conviction constitutes a “felony drug offense.” We reverse the decision of the trial court, reinstate the indictment, and remand for further proceedings.

Posted by: Chandra Williams on May 18, 2016

The Williamson County Grand Jury indicted the Defendant-Appellant, Robert Henry Jackson, for two counts of aggravated stalking, one count of coercion of a witness, and one count of contributing to the delinquency of a minor. During trial, the State dismissed the coercion of a witness count. The jury acquitted the Defendant-Appellant of the aggravated stalking counts but found him guilty of the count charging him with contributing to the delinquency of a minor, a Class A misdemeanor. See T.C.A. § 37-1- 156.

Posted by: Chandra Williams on May 18, 2016

In 2013, a Davidson County jury convicted the Petitioner, Joseph Gilbert Williams, Jr., of violation of the sex offender registry, third offense. The Petitioner appealed, and this Court dismissed the appeal for failure to file a brief as ordered. State v. Joseph Gilbert Williams, Jr., No. M2014-00019-CCA-R3-CD, (Tenn. Crim. App., at Nashville, July 10, 2014). In 2015, the Petitioner filed a pro se petition for post-conviction relief, contending that the State failed to disclose favorable evidence to him and that he was denied the effective assistance of counsel.

Posted by: Chandra Williams on May 18, 2016

The Defendant-Appellant, Kenneth Epperson, was charged by affidavit of complaint on November 28, 2012, for driving under the influence (DUI) second offense, violation of the open container law, violation of the implied consent law, driving on a revoked license, and improper display of a license plate. See T.C.A. §§ 55-4-110, 55-10-401, -406, -416, 55-50-504. Epperson entered guilty pleas to improper display of a license plate and violating the open container law and was convicted by a jury as to the remaining charges.


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