Tennessee Administrative Office of the Courts

Appellate Court Opinions

Format: 07/28/2014
Format: 07/28/2014
Metro Construction Co., Inc. vs. Cogun Industries, Inc.
02A01-9608-CH-00207
Shelby County Court of Appeals 01/28/93
In Re: Estate of George C. Vincent
E2001-03035-SC-R11-CV
In this will construction case, we address the question of whether or not the doctrine of exoneration applies to a mortgage on real property passing by right of survivorship where the decedent's will directed that his personal representative pay all his "just debts." We find that the general direction to pay "just debts" is not sufficient to require that the estate pay the remaining balance on the mortgage of non-probate property. Furthermore, additional language in the will regarding the payment of installment debts is not sufficient to indicate that the testator intended to include mortgages of non-probate property where the testator's will specified only one beneficiary and did not mention either the property held by joint tenancy or the joint tenant.
Campbell County Supreme Court 01/22/93
03A01-9509-CH-OO301
Court of Appeals 01/19/93
State vs. Bruce Reliford
W1999-00826-CCA-R3-CD
This direct appeal follows dismissal of the appellant's motion at the trial level for a "Correction/Reduction" of his sentences. The appellant is currently serving an effective sentence of life without parole after pleading guilty in 1995 to the offenses of first degree murder, two counts of aggravated robbery and one count of aggravated assault. He argues that his sentences are illegal and are subject to correction because (1) his life sentence is in direct contravention of statutory authority and (2) his negotiated plea agreement with the State is incapable of specific performance. The indictment alleges that these offenses occurred on December 24, 1992. On this date, life without the possibility of parole was not an available sentencing option for first degree murder. Although we find that appellate review of a "Motion for Correction or Reduction" of a sentence is not available, as of right, under Tenn. R. App. P. 3(b), nonetheless, we hold that review is available under the common law writ of certiorari. Upon review of the presented issues, we conclude that the trial court was without authority to impose a sentence of life without the possibility of parole for first degree murder. This conviction and sentence is vacated. Because the appellant's plea agreement encompassed all of his convictions and resulting sentences, we find it necessary upon vacating his first degree murder conviction to also vacate his convictions and sentences for aggravated robbery and aggravated assault. This case is remanded to the trial court for further proceedings.
Shelby County Court of Criminal Appeals 12/24/92
State vs. Donald Biggs
02C01-9901-CC-00017
Lake County Court of Criminal Appeals 12/17/92
Tiffany Senn v. Romando Haynes
M2002-01519-COA-R3-JV
Tiffany T. Senn (Williams) appeals the action of the Juvenile Court of Rutherford County, changing the primary residential custody of her minor child from Tiffany Senn to the biological father of the child, Romando Haynes. We affirm the action of the trial court.
Rutherford County Court of Appeals 08/29/92
State vs. Stephen Stamps
W1999-01716-CCA-R3-CD
Henry County Court of Criminal Appeals 07/22/92
Leighann M. Gullett v. Michael J. Hopkins
M2003-02086-COA-R3-CV
This is a post-divorce change of custody proceeding wherein the trial court found no substantial change of circumstances and denied the Petition. The judgment of the trial court is affirmed.
Coffee County Court of Appeals 06/29/92
Sneed (Ford) vs. Sneed
01A01-9612-CH-00542
Maury County Court of Appeals 06/25/92
02C01-9508-CR-00222
Shelby County Court of Criminal Appeals 06/24/92
State vs. Audrey Black
E1999-01391-CCA-R3-CD
Blount County Court of Criminal Appeals 06/23/92
DeShayne Neal v. Jerry Neal
M2003-02703-COA-R3-CV
This is an appeal from the chancery court order refusing to modify the parties' divorce decree and permanent parenting plan. Mother filed a Petition to Modify, and Father filed an Answer and Counter Petition also requesting modification. The Chancellor dismissed both the Petition and Counter Petition finding that there had not been sufficient change in circumstances since the initial entry of the divorce decree to justify modification. Upon review of the Permanent Parenting Plan and Final Decree of the Chancery Court, we find that this Permanent Parenting Plan and the judge's approval of such plan do not meet the requirements of Tennessee law. As such, the Permanent Parenting Plan is vacated, and the case is remanded to the trial court.
Fentress County Court of Appeals 01/31/92
Eddie Dobbins vs. George Dobbins
02A01-9710-PB-00246
Shelby County Court of Appeals 01/28/92
State vs. Frederick Sledge
W2001-02402-CCA-R3-CD
The defendant was convicted of first degree murder and especially aggravated robbery and was originally sentenced to death and twenty years, respectively. The trial court ordered the sentences to be served consecutively. On appeal, this court affirmed both convictions but reversed the death sentence and remanded it for resentencing. On remand, the defendant was sentenced to life imprisonment after a new sentencing hearing. The life sentence was ordered to be served consecutively to the original twenty-year sentence for especially aggravated robbery. The only issue raised on this appeal is whether, on remand, the trial court erred by not reconsidering the issue of consecutive sentencing when resentencing the defendant for the murder conviction. We affirm the sentence as imposed on remand by the trial court.
Shelby County Court of Criminal Appeals 12/10/91
State vs. Frederick Sledge
W2001-02402-CCA-R3-CD
The defendant was convicted of first degree murder and especially aggravated robbery and was originally sentenced to death and twenty years, respectively. The trial court ordered the sentences to be served consecutively. On appeal, this court affirmed both convictions but reversed the death sentence and remanded it for resentencing. On remand, the defendant was sentenced to life imprisonment after a new sentencing hearing. The life sentence was ordered to be served consecutively to the original twenty-year sentence for especially aggravated robbery. The only issue raised on this appeal is whether, on remand, the trial court erred by not reconsidering the issue of consecutive sentencing when resentencing the defendant for the murder conviction. We affirm the sentence as imposed on remand by the trial court.
Shelby County Court of Criminal Appeals 12/10/91
Traci Sorrells vs. Donald Lee Sorrells
E1999-01658-COA-R3-CV
Bradley County Court of Appeals 11/15/91
State of Tennessee v. Robert Lee Smartt
M2005-00176-CCA-R3-CO
Coffee County Court of Criminal Appeals 10/21/91
01A01-9510-CV-00454
Davidson County Court of Appeals 06/28/91
Tamco Supply, et al vs. Tom Pollard, et al
W1999-01725-COA-R3-CV
Dyer County Court of Appeals 03/29/91
Kline vs. Kline
03A01-9706-CV-00240
Court of Appeals 03/12/91
02A01-9411-CV-00265
Shelby County Court of Appeals 09/15/90
Diana Morris v. State
M1999-02714-COA-RM-CV
This appeal involves a dispute between the State of Tennessee and a former employee of the Department of Correction arising out of a work-related injury. After the Department discharged her for failing to return to work, the employee filed a retaliatory discharge claim with the Tennessee Claims Commission asserting that she had actually been fired because she had filed a workers' compensation claim. The Tennessee Court of Appeals determined that the Commission lacked subject matter jurisdiction over retaliatory discharge claims and vacated the Commission's $300,000 award to the employee. While the employee's appeal was pending before the Tennessee Supreme Court, the Tennessee General Assembly retroactively broadened the Commission's jurisdiction to include retaliatory discharge claims. The Tennessee Supreme Court reversed this court's decision and remanded the case to this court for further consideration. We have determined that the Tennessee General Assembly may enact retroactive laws waiving the State's sovereign immunity with regard to past events, and we accede to the Tennessee Supreme Court's decision in this case that the General Assembly validated the results of this proceeding. We also have concluded that the Commission had authority to award front pay damages. Accordingly, we affirm the Commission's award.
Court of Appeals 08/24/90
Cecil Ayers vs. Minda Ayers
W1999-01261-COA-R3-CV
Shelby County Court of Appeals 07/31/90
Tony Blan D v. State of Tennessee
W2002-01784-CCA-R3-PC
Shelby County Court of Criminal Appeals 06/19/90
Tony Bland v. State of Tennessee
W2002-01784-CCA-R3-PC
Shelby County Court of Criminal Appeals 06/19/90