Devon MacPherson v. Metropolitan Government of Nashville and Davidson County
M2023-01372-COA-R3-CV
Authoring Judge: Judge Andy D. Bennett
Trial Court Judge: Chancellor Anne C. Martin

A property owner filed a declaratory judgment action challenging the constitutionality of metropolitan government ordinances that prevented him from obtaining a permit for a short-term rental property with more than four bedrooms. We have concluded that the property owner’s claims are barred by res judicata.

Davidson Court of Appeals

State of Tennessee v. Dustin William Russell
M2023-00891-CCA-R3-CD
Authoring Judge: Judge Jill Bartee Ayers
Trial Court Judge: Judge Deanna B. Johnson

Defendant, Dustin William Russell, was convicted by a jury of second degree murder, reckless endangerment by discharging a firearm into an occupied habitation, and three counts of reckless endangerment with a deadly weapon.  Defendant was sentenced to a total effective sentence of thirty years.  On appeal, Defendant claims the trial court gave an improper instruction for second degree murder, the evidence was insufficient to support his second degree murder conviction, and the trial court abused its discretion in its application of an enhancement factor and in its failure to make findings to support partial consecutive sentencing on the dangerous offender factor.  Following a thorough review of the record, the briefs, and oral arguments of the parties, we affirm the judgments of the trial court. 

Williamson Court of Criminal Appeals

Jonathan W. Stephenson v. Zachary Pounds, Warden
M2024-00417-CCA-R3-HC
Authoring Judge: Judge Matthew J. Wilson
Trial Court Judge: Judge Cyntha Chappell

Petitioner, Jonathan W. Stephenson, appeals from the Davidson County Criminal Court’s order summarily dismissing his fifth petition for writ of habeas corpus. On appeal, Petitioner challenges his convictions for first degree murder and conspiracy to commit first degree murder, and the legality of his death plus sixty-years effective sentence. After review, we affirm the judgment of the habeas corpus court.

Court of Criminal Appeals

In Re Epik W. Et Al.
E2023-01417-COA-R3-JV
Authoring Judge: Judge Arnold B. Goldin
Trial Court Judge: Judge Suzanne Cook

The present appeal originates out of a Juvenile Court dependency and neglect proceeding. During the pendency of the case in the Juvenile Court, the Nenana Native Association filed a notice of intervention and averred that the two children at issue in this appeal are “Indian Children” under the Indian Child Welfare Act. The Nenana Native Association requested that the Juvenile Court enter an order acknowledging its status as these children’s tribe, and the Juvenile Court subsequently did so. Although the Nenana Native Association was allowed to intervene as a party in the case, the Juvenile Court later entered an order denying a request that the case be transferred to a tribal court. An appeal was thereafter pursued in the Circuit Court, and the Circuit Court, considering the matter de novo under Tennessee Code Annotated section 37-1-159(a), also entered an order denying transfer. Although the Nenana Native Association now pursues an appeal of the Circuit Court’s order in this Court, we conclude that the Circuit Court lacked jurisdiction to hear the interlocutory appeal from the Juvenile Court. Accordingly, we vacate the Circuit Court’s judgment and remand the case back to the Circuit Court with instructions that it remand the matter back to the Juvenile Court for further proceedings.

Unicoi Court of Appeals

In Re Ethan W.
E2024-00318-COA-R3-PT
Authoring Judge: Judge Thomas R. Frierson, II
Trial Court Judge: Judge Michael Pemberton

In this case involving termination of a mother’s and father’s parental rights to their minor child, the trial court found that three statutory grounds for termination of the mother’s parental rights and two statutory grounds for termination of the father’s parental rights had been proven by clear and convincing evidence. The trial court further found, by clear and convincing evidence, that termination of both parents’ parental rights was in the child’s best interest. Both the mother and father have appealed. Discerning no reversible error, we affirm.

Meigs Court of Appeals

In Re Destiney J. Et Al.
E2024-00136-COA-R3-PT
Authoring Judge: Judge Frank G. Clement Jr.
Trial Court Judge: Judge Robert M. Estep

In this parental termination case, the father appeals the termination of his parental rights to his three children. The trial court found that two grounds for termination had been proven and that termination of the father’s parental rights was in the children’s best interests. Based on these findings, the court terminated the father’s parental rights. The father appeals. We affirm.

Claiborne Court of Appeals

Tennessee Farmers Mutual Insurance Company v. Jacqueline Hall Johnson
M2024-00375-COA-R3-CV
Authoring Judge: Judge Jeffrey Usman
Trial Court Judge: Judge Joe Thompson

Before taking his own life, the Defendant’s husband shot and killed another individual, resulting in a civil suit brought by the victim’s family.  An insurance company with whom the husband had a policy brought a declaratory judgment action seeking a declaration that the Defendant’s husband’s actions were not covered by the insurance he had obtained.  A sheriff’s deputy tried to serve process.  The Defendant, however, was not home, and the deputy left a contact card.  The Defendant called the deputy, and, after discussion, she instructed the deputy to leave the documents with a particular individual at her home.  The deputy followed these instructions.  The Defendant did not respond to the suit and a default was entered.  Months later, the Defendant, alleging the deputy failed to effectuate valid service of process, sought to have the default set aside.  The trial court disagreed and declined to set aside the default.  The Defendant then asked the trial court to alter its order, asserting for the first time that she was not a proper party to the Company’s suit.  The trial court declined.  The Defendant appealed.  We affirm.

Sumner Court of Appeals

Cinda Haddon v. Ladarius Vanlier et al.
M2023-01151-COA-R3-CV
Authoring Judge: Judge Andy D. Bennett
Trial Court Judge: Judge Thomas W. Brothers

A driver was injured in a car accident with an uninsured motorist and filed a negligence suit against the uninsured motorist. The driver served her uninsured motorist insurance carrier with notice of the lawsuit. After the driver could not obtain service of process on the uninsured motorist, the case proceeded against the insurance carrier. The case proceeded to a jury trial, where the jury found in favor of the driver. The trial court entered judgment on the verdict, awarding damages to the driver. The trial court denied the driver’s post-trial motion for prejudgment interest based upon its determination that the suit was a personal injury action and that, therefore, the court could not award prejudgment interest. We have concluded that the trial court erred in classifying the claim against the insurance carrier as a personal injury action. Therefore, we reverse the trial court’s order denying prejudgment interest and remand for a determination of the proper amount of prejudgment interest.

Davidson Court of Appeals

State of Tennessee v. Danny Royce Murphy
W2023-01332-CCA-R3-CD
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge Kyle C. Atkins

Danny Royce Murphy, Defendant, was convicted of driving with a canceled, suspended, or revoked license and driving without evidence of financial responsibility after representing himself at trial. The trial court ordered a six-month sentence, with 30 days to serve and the remainder on Community Corrections. Defendant filed several post-trial motions, including a motion for new trial. The trial court denied the motions and this appeal ensued. On appeal, Defendant challenges the sufficiency of the evidence. After a review, we affirm the judgments of the trial court.

Madison Court of Criminal Appeals

State of Tennessee v. Robert Andrew Dunnivant
E2023-01652-CCA-R3-CD
Authoring Judge: Judge Tom Greenholtz
Trial Court Judge: Judge Steven Wayne Sword

The Defendant, Robert Andrew Dunnivant, pled guilty to aggravated assault, reckless aggravated assault, and two counts of domestic assault. As part of the plea, the parties agreed that the Defendant would be sentenced to an effective term of ten years but that the trial court would determine the manner of service. Following a sentencing hearing, the trial court denied an alternative sentence and imposed a sentence of full confinement. On appeal, the Defendant argues that the trial court should have granted an alternative sentence. Upon our review, we respectfully affirm the judgments of the trial court.

Knox Court of Criminal Appeals

James L. Davidson et al v. Jeremy Howard Johnson et al.
M2024-00412-COA-R3-CV
Authoring Judge: Judge Kenny Armstrong
Trial Court Judge: Judge Bonita Jo Atwood

Appellants filed a complaint for declaratory judgment and breach of contract to enforce a purchase and sale agreement, which was allegedly entered by and between Appellants and Appellees. In their answer, Appellees asserted, as an affirmative defense, that Appellants had no standing to enforce the contract because they were not parties to it. On Appellees’ motion for summary judgment, the trial court concluded that Appellants were not parties to the contract and had no standing to bring an action to enforce it. Discerning no error, we affirm.

Rutherford Court of Appeals

In Re Nicholai L. Et Al.
M2023-01796-COA-R3-PT
Authoring Judge: Judge W. Neal McBrayer
Trial Court Judge: Judge Sheila Calloway

A putative father appeals the termination of his parental rights to a child. The juvenile court found clear and convincing evidence of several statutory grounds for termination. It also determined that termination was in the child’s best interest. Following thorough review, we conclude that not all grounds for termination were supported by clear and convincing evidence. Still, we affirm the termination of parental rights.

Davidson Court of Appeals

In Re Shacrysta B. Et Al.
E2024-01071-COA-R3-PT
Authoring Judge: Per Curiam
Trial Court Judge: Judge Timothy E. Irwin

This is an appeal from a final order entered on June 6, 2024. The notice of appeal was not filed with the Appellate Court Clerk until July 16, 2024, more than thirty days from the date of entry of the order from which the appellant is seeking to appeal. Because the notice of appeal was not timely filed, we have no jurisdiction to consider this appeal.

Knox Court of Appeals

Kirsten Williams v. State of Tennessee
W2024-00578-CCA-R3-PC
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge Donald H. Allen

Kirsten Williams, Petitioner, was convicted of aggravated assault, aggravated kidnapping, and aggravated burglary in a joint trial with a co-defendant. State v. Williams, No. W2021- 01071-CCA-R3-CD, 2022 WL 17728221, at *1 (Tenn. Crim. App. Dec. 16, 2022), no perm. app. filed. Petitioner was sentenced to 15 years in incarceration at 100 percent service rate. Petitioner’s convictions were affirmed on direct appeal. Id. Petitioner sought post-conviction relief based on ineffective assistance of counsel. After a hearing, the postconviction court denied relief. After review, we affirm the judgment of the post-conviction court.

Madison Court of Criminal Appeals

Kalos, LLC v. White House Village, LLC et al.
M2023-01325-COA-R3-CV
Authoring Judge: Judge Kenny Armstrong
Trial Court Judge: Chancellor Louis W. Oliver

The trial court granted Appellees’ Tennessee Rule of Civil Procedure 12.03 motion to dismiss Appellant’s lawsuit for unjust enrichment because Appellant did not exhaust its remedies in contract. We affirm.

Sumner Court of Appeals

State of Tennessee v. Latarius Curry
W2023-01789-CCA-R3-CD
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge Paula L. Skahan

The Shelby County Grand Jury indicted Latarius Curry, Defendant, on one count each of aggravated child abuse and aggravated child neglect. A jury convicted Defendant as charged, and the trial court imposed an effective 22-year sentence. Defendant appeals, arguing that the evidence was insufficient to support his convictions. Having reviewed the entire record and the parties’ briefs, we affirm the judgments of the trial court.

Shelby Court of Criminal Appeals

State of Tennessee v. Forrest Ray Hester
M2023-01312-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Forest A. Durard, Jr.

A Bedford County jury convicted the Defendant, Forrest Ray Hester, of delivery of .5 grams or more of methamphetamine based upon a theory of criminal responsibility, possession of .5 grams or more of methamphetamine with the intent to sell, and possession of .5 grams or more of methamphetamine with the intent to deliver. Following a sentencing hearing, the trial court merged the possession convictions and imposed an effective sentence of sixteen years to be served in confinement. On appeal, the Defendant asserts that the evidence is insufficient to support his convictions and that his co-defendant’s guilty plea to sale/delivery of methamphetamine based on a theory of criminal responsibility precludes the Defendant’s conviction for the same offense based on a theory of criminal responsibility. We affirm the judgments of the trial court.

Bedford Court of Criminal Appeals

Abraham Anderson v. Alice Musick Et Al.
E2024-00249-COA-R3-CV
Authoring Judge: Judge Jeffrey Usman
Trial Court Judge: Chancellor Telford E. Forgety, Jr.

The Plaintiff sought specific performance related to a real estate transaction. The trial court denied relief, concluding that the series of papers introduced by the Plaintiff as a purported real estate contract between the parties did not constitute a valid contract. Furthermore, the trial court concluded that specific performance was inappropriate because the court could not discern the terms of the purported contract. The Plaintiff appeals. We affirm.

Sevier Court of Appeals

Robert Elmore v. Travis Mills Et Al.
E2023-01044-COA-R9-CV
Authoring Judge: Judge D. Michael Swiney
Trial Court Judge: Judge Rex Henry Ogle

Lonnie Elmore (“Decedent”) died on July 5, 2020, a few weeks after being treated by Travis Mills, CRNA, (“Mills”) an employee of Lakeway Regional Anesthesia Services, PLLC (“Lakeway”) (collectively “Defendants”) and Angelo J. Sorce, M.D., (“Sorce”), an employee of Tennessee Valley Orthopaedics, LLC (“TVO”).1 On July 2, 2021, Robert Elmore, as Executor of the Estate of Lonnie Elmore, (“Plaintiff”) sent pre-suit notice to Defendants. Relying on the 120-day extension provided for by Tenn. Code Ann. § 29- 26-121(c), Plaintiff filed his complaint alleging wrongful death on November 1, 2021, in the Circuit Court for Jefferson County (“the Trial Court”). Defendants filed a motion to dismiss, pursuant to Tennessee Rule of Civil Procedure 12.02(6), claiming that the accrual of Plaintiff’s cause of action arose no later than June 21, 2020, and Plaintiff, accordingly, provided pre-suit notice past the one-year statute of limitations, rendering his complaint untimely. The Trial Court denied Defendants’ motion to dismiss. This interlocutory appeal, pursuant to Tennessee Rule of Appellate Procedure 9, followed. Discerning no reversible error, we affirm. 

Jefferson Court of Appeals

Lakeway Real Estate2, LLC v. ERA Franchise Systems, LLC
E2023-00764-COA-R3-CV
Authoring Judge: Judge Kristi M. Davis
Trial Court Judge: Chancellor James H. Ripley

This appeal arises out of a contract dispute between Lakeway Real Estate2, LLC f/k/a Lakeway Real Estate, LLC (“Lakeway”), and ERA Franchise Systems, LLC f/k/a ERA Franchise Systems, Inc. (“ERA”). Lakeway filed a complaint in the Chancery Court for Jefferson County (the “trial court”) seeking declaratory relief and a ruling that a noncompete provision within a Franchise Agreement (the “Agreement”) is unenforceable as a matter of law. ERA moved to dismiss the complaint, arguing the Venue and Jurisdiction clause (the “Clause”) of the Agreement makes the trial court an improper venue. The trial court granted ERA’s motion to dismiss. Because the Clause, when read in context with no disproportionate emphasis on one portion, provides permissive, but not mandatory, jurisdiction and venue in New Jersey, we reverse.

Jefferson Court of Appeals

Mary Rachel Cayson v. Patrick Cayson
W2023-00943-COA-R3-CV
Authoring Judge: Judge Carma Dennis McGee
Trial Court Judge: Judge Kasey Culbreath

In this divorce, the husband claims the trial court erred in its classification of certain separate property and valuation of certain marital property. The trial court found that the equity held in the marital home attributable to the sale of property owned by the wife prior to the marriage had been transmuted into marital property, but then treated that property as separate despite its initial finding due to what it believed the wife’s intent would have been under an alternative set of circumstances. The husband argues this was improper. The trial court also valued certain marital property, including the home and Wife’s 401(k) retirement account, as of several years prior to the divorce proceedings. The trial court reasoned that the divorce proceedings had been delayed by the husband’s criminal proceedings and subsequent incarceration arising from his theft of funds from the wife during the marriage. Husband filed this appeal. We reverse in part, vacate in part, and remand for further proceedings.

Tipton Court of Appeals

State of Tennessee v. Nathaniel Scott Robinson
E2024-00176-CCA-R3-CD
Authoring Judge: Judge Tom Greenholtz
Trial Court Judge: Judge Steven Wayne Sword

The Defendant, Nathaniel Scott Robinson, pled guilty to the offense of statutory rape, and the trial court sentenced him to a term of six years. The court suspended the sentence and placed the Defendant on probation. Thereafter, the Defendant was charged with possession of cocaine for resale. After a hearing, the trial court revoked the suspended sentence and ordered the Defendant to serve the six-year sentence in custody. On appeal, the Defendant argues that the trial court should have considered alternatives to fully revoking his suspended sentence. Upon our review, we respectfully affirm the judgment of the trial court.

Knox Court of Criminal Appeals

Howard Jefferson Atkins v. Brian Eller, Warden
E2024-00665-CCA-R3-HC
Authoring Judge: Judge Tom Greenholtz
Trial Court Judge: Judge Lisa N. Rice

Tipton County jury convicted the Petitioner, Howard Jefferson Atkins, of first degree premeditated murder in 2000, and the trial court imposed a life sentence. The Petitioner later applied for a writ of habeas corpus, arguing that the trial court lacked jurisdiction to hear his case because the juvenile court did not make the necessary statutory findings to transfer his case to the circuit court. The habeas corpus court summarily denied the application, finding that the Petitioner failed to state a colorable claim for relief. Upon our review, we respectfully affirm the judgment of the habeas corpus court.

Johnson Court of Criminal Appeals

Queshan Brooks v. State of Tennessee
M2024-00198-CCA-R3-PC
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Steve R. Dozier

The Petitioner, Queshan Brooks, appeals the trial court’s summary dismissal of his petition for post-conviction relief. Upon our review of the record and the applicable law, we affirm the judgment of the post-conviction court.

Davidson Court of Criminal Appeals

State of Tennessee v. Thomas Dequan Solomon
E2024-00457-CCA-R3-CD
Authoring Judge: Judge Kyle A. Hixson
Trial Court Judge: Judge G. Scott Green

The Defendant, Thomas Dequan Solomon, appeals from the judgment of the trial court
revoking his probation and ordering him to serve the balance of his sentence in
confinement. Specifically, the Defendant contends that the trial court erred by basing its
decision merely on proof of alleged criminal conduct prior to the filing of formal charges
and without considering his history of supervision while on probation. After review, we
affirm the judgment of the trial court.

Knox Court of Criminal Appeals