7 results for 'court:"Tennessee Supreme Court"'.
J. Campbell finds the lower court improperly determined that the decedent’s attorney-in-fact’s action of signing an arbitration agreement upon his admittance to an assisted living center was outside the scope of her power of attorney and was a health care decision. The instant court finds that the arbitration agreement was a stand-alone agreement and the decedent’s admission to the center was not contingent upon the signing of the agreement, therefore it was a legal decision and fell within the parameters of the the attorney-in-fact’s authority. As such, the arbitration agreement is binding in its terms, extending beyond the signing parties to the decedent’s other surviving family, including his son, and requires the wrongful-death claims to be submitted to arbitration. Reversed.
Court: Tennessee Supreme Court, Judge: Campbell, Filed On: February 16, 2024, Case #: M2021-00927-SC-R11-CV, Categories: Arbitration, Health Care, Wrongful Death
J. Page finds the lower court improperly found that the state failed to meet its statutory burden of proof in this matter concerning the Gang-Enhancement Statute. A jury convicted defendant of aggravated robbery with a gang enhancement for his role in the robbery of four individuals at a neighborhood basketball court. Defendant received an effective sentence of 20 years to be served at 85 percent. On appeal, defendant argued that evidence was insufficient to support the gang enhancement and the Court of Criminal Appeals agreed. The lower court found that because the indictment against the defendant listed Crips gang members from various subsets with only one belonging to the primary Crips gang, the state did not establish a pattern of criminal gang activity by the same gang, which is a statutory requirement. But the instant court finds that the subsets all fall under the umbrella of the same primary gang, and that the Gang-Enhancement Statute does not require a specification of a gang subset. The lower court’s finding is reversed and the trial court’s findings are reinstated. Reversed.
Court: Tennessee Supreme Court, Judge: Page, Filed On: July 14, 2023, Case #: E2020-01712-SC-R11-CD, Categories: Robbery, Sentencing, Gangs
J. Campbell finds the lower court properly suspended an attorney for his role in the failed representation and administration of an estate, finding that he violated three rules of professional conduct. While the instant court agrees with the lower court’s findings, it finds the punishment too light, and modifies it to impose a one-year suspension, with six months to be served as active suspension, a fixed probation period with any violation of the conditions resulting in procedure under Tennessee Supreme Court Rule 9, section 14.2. Affirmed in part.
Court: Tennessee Supreme Court, Judge: Campbell, Filed On: June 30, 2023, Case #: M2022-00755-SC-BAR-BP, Categories: Wills / Probate, Attorney Fees, Attorney Discipline
J. Bivins finds the lower court properly awarded summary judgment to government officials in this voting rights matter. A Tennessee resident attempted to register to vote. The resident had been previously convicted of involuntary manslaughter in another state, but had received clemency from that state’s governor. The resident argues that the clemency order automatically restored his right to register to vote in the other state, and should therefore restore his ability to register in Tennessee, but his registration was denied by officials for insufficient documentation. The instant court finds that in addition to being pardoned for an infamous crime, a citizen is statutorily required to present proof that they have paid outstanding court costs, restitution and child support obligations before they can be re-enfranchised. Affirmed.
Court: Tennessee Supreme Court, Judge: Bivins, Filed On: June 29, 2023, Case #: M2020-01510-SC-R11-CV, Categories: Constitution, Elections
J. Lee finds the lower court improperly reversed the trial court’s order requiring defendant to pay a set of restitution during his probationary period without payment terms. Tennessee Code Annotated Section 40-35-304 allows, but does not require trial courts to specify payment terms. The instant court finds the trial court’s restitution order is reasonable, considered both parties and is final; as such, the trial court’s order is reinstated. Reversed.
Court: Tennessee Supreme Court, Judge: Lee, Filed On: June 8, 2023, Case #: E2020-01333-SC-R11-CD, Categories: Sentencing, Restitution
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J. Lee finds the lower court improperly dismissed defendant’s appeal for lack of jurisdiction. Defendant drove through a cemetery causing $30,490 in damages. He pleaded guilty to DUI and leaving the scene of an accident. Defendant violated the terms of his probation for driving on a revoked license and the trial court revoked his probation, ordered him to serve the balance of his sentence in confinement, and ordered him to pay restitution while incarcerated. Defendant appealed to the Tennessee Court of Criminal Appeals, who dismissed on grounds that the trial court’s order was not a final order. The instant court finds that the trial court’s order is a final order and reverses the lower court’s dismissal, but it also finds that the trial court did not properly consider defendant’s ability to pay when it ordered restitution. The matter is remanded to the trial court for further proceedings. Vacated.
Court: Tennessee Supreme Court, Judge: Lee, Filed On: June 8, 2023, Case #: M2020-00359-SC-R11-CD, Categories: Restitution, Dui, Jurisdiction
J. Kirby finds the lower court improperly terminated the parental rights of a mother and father to their minor child on grounds of severe abuse, persistence of conditions and substantial noncompliance with the permanency plans. The minor child was removed from the parents' care after an X-ray revealed multiple rib fractures. The parents argue they did not inflict the injuries upon the child. Despite the lower court's decisions to terminate parental rights, the evidence of record does not clearly or convincingly show the parents knowingly injured or failed to protect the child from injury. Evidence also fails to support any of the other grounds for termination. Reversed.
Court: Tennessee Supreme Court, Judge: Kirby, Filed On: May 19, 2023, Case #: M2019-01079-SC-R11-PT, Categories: Evidence, Family Law