Jerry L. Smith

The case arose after David Johnson was killed in a car accident caused by Dylan Clark, whose insurer, Tennessee Farmers Mutual Insurance Company, negotiated a $50,000 settlement paid by check to Beverly Johnson and Medicare. Angela Johnson and Beverly Johnson later sued the insurer, alleging issues with the settlement amount, timing, and form of payment. The trial court granted the insurer's motion to dismiss under Tennessee Rule of Civil Procedure 12.02(6) for failure to state a claim, and the Court of Appeals affirmed. The appellate court held that Tennessee does not permit direct actions against a liability insurer for the conduct of its insured absent privity with the claimants, making further discovery or other claims unavailable.

proceduretorts & liability

This case involves the termination of parental rights of a mother and father to their minor child, Taron H., who was born in 2020 and removed from the home in 2021 due to issues including substance abuse, domestic violence, and neglect. The Tennessee Department of Children’s Services petitioned to terminate rights on multiple statutory grounds, including abandonment by failure to support, persistence of conditions leading to removal, and failure to manifest an ability to care for the child. After a hearing where the mother did not appear and the father had recently been released from incarceration, the trial court found four grounds for termination by clear and convincing evidence and determined that termination served the child’s best interest. Father appealed, challenging the grounds and best-interest findings. The Court of Appeals affirmed the trial court’s decision, upholding the termination after reviewing the record and statutory factors.

family law

The case involved Robert Lewis Webb, who pled guilty in 2005 to first-degree murder, aggravated rape, aggravated burglary, and aggravated robbery under a plea agreement resulting in a life sentence without parole. Years later, he filed an untimely pro se petition for post-conviction relief claiming an involuntary guilty plea and other issues, later amended to argue tolling of the statute of limitations based on mental incompetence, a new constitutional ruling in Coleman v. State, and attorney misconduct. The post-conviction court dismissed the petition without an evidentiary hearing, finding no basis for tolling. On appeal, the Court of Criminal Appeals reversed and remanded, holding that the petitioner had made a prima facie showing of mental incompetence through medical affidavits and that due process required an evidentiary hearing to assess whether the limitations period should be tolled under standards from cases like Reid ex rel. Martiniano.

criminal lawprocedure

In State of Tennessee v. Curtis Taylor, the defendant was convicted by a jury of voluntary manslaughter, attempted first degree murder, possession of a firearm after a felony conviction, and use of a firearm during a dangerous felony, arising from a shooting incident outside a Memphis convenience store that left one person dead and involved multiple shooters. The trial court imposed sentences resulting in a total effective term of 35 years. On appeal, Taylor challenged the sufficiency of the evidence for the voluntary manslaughter conviction and the trial court's sentencing decisions. The Court of Criminal Appeals affirmed the convictions and sentences, concluding that the evidence supported the jury's verdict and that the trial court did not abuse its discretion in imposing consecutive sentences based on the defendant's criminal history and other factors, while remanding solely for correction of judgment forms to reflect a two-year sentence on the firearm possession count and proper concurrency with other counts.

criminal lawguns

The case involved Richard Cleophus Smith, who was indicted on multiple charges including felony murder, first degree murder, attempted first degree murder, employing a firearm during a dangerous felony, evading arrest, reckless endangerment, and driving while license suspended, arising from a July 2009 shooting incident in Knoxville in which shots were fired from a maroon Cadillac, killing one person and endangering others, followed by a high-speed chase and arrest. A jury convicted Smith on all counts except one, for which he was convicted of a lesser offense, resulting in an effective sentence of life plus twenty-six years. On appeal, the Court of Criminal Appeals affirmed the convictions and sentence after finding the evidence sufficient and no reversible error in the admission of testimony, denial of requested instructions, discovery of witness notes, or imposition of consecutive sentences based on the dangerous-offender factor. The court reversed and dismissed only the conviction for driving without a license in possession, holding that the trial court constructively amended the presentment by instructing the jury on that offense after jeopardy had attached.

criminal lawgunsprocedure

The case involved Tonya Michelle Stoltz, who was charged with initiating the manufacture of methamphetamine and possessing methamphetamine after officers found the drug in a keychain at her residence. The trial court acquitted her on the manufacturing charge but the jury convicted her of possession, resulting in a sentence of eleven months and twenty-nine days. On appeal, Stoltz argued that the evidence was insufficient to support the possession conviction. The Court of Criminal Appeals affirmed the conviction, holding that the evidence, including the defendant's statement admitting ownership of the methamphetamine, was sufficient for a rational jury to find guilt beyond a reasonable doubt.

criminal law