Mark A. Crites v. State of Tennessee
M2018-02060-CCA-R3-PC
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Joseph A. Woodruff

A Williamson County jury convicted the Petitioner, Mark A. Crites, of aggravated robbery, and the trial court sentenced him as a multiple offender to twelve years of incarceration. The Petitioner appealed, and this court affirmed the conviction and sentence. See State v. Mark A. Crites, No. M2014-00383-CCA-R3-CD, 2015 WL 3508042 (Tenn. Crim. App., at Nashville, June 4, 2015), perm. app. denied (Tenn. Sept. 17, 2015). The Petitioner filed a post-conviction petition, claiming he received the ineffective assistance of counsel. After a hearing, the post-conviction court denied relief. The Petitioner appeals the denial, maintaining that his counsel was ineffective. After review, we affirm the post-conviction court’s judgment.

Williamson Court of Criminal Appeals

Carey R. Faught v. State of Tennessee
E2019-00436-CCA-R3-PC
Authoring Judge: Judge Robert H. Montgomery, Jr.
Trial Court Judge: Judge Bobby R. McGee

The Petitioner, Carey R. Faught, appeals from the Knox County Criminal Court’s denial of his petition for post-conviction relief from his jury trial convictions of aggravated burglary, employing a firearm during a dangerous felony, reckless endangerment, two counts of attempted aggravated robbery, and two counts of especially aggravated robbery, and his effective forty-eight-year sentence. He contends that the post-conviction court erred in denying relief on his claim that he received the ineffective assistance of counsel because counsel failed to challenge an impermissibly suggestive photograph lineup. We affirm the judgment of the post-conviction court.

Knox Court of Criminal Appeals

State of Tennessee v. Carrington Owens
M2018-01830-CCA-R3-CD
Authoring Judge: Judge Robert H. Montgomery, Jr.
Trial Court Judge: Judge William R. Goodman, III

The Defendant, Carrington Owens, was convicted by a Montgomery County Circuit Court jury of four counts of rape of a child, a Class A felony; twenty-three counts of especially aggravated sexual exploitation of a minor, a Class B felony; and twelve counts of aggravated sexual battery of a child less than thirteen years of age, a Class B felony. See T.C.A. §§ 39-13-522 (Supp. 2007, 2010, Supp. 2011) (rape of a child), 39-17-1005 (2006) (subsequently amended) (especially aggravated sexual exploitation of a minor), 39-13-504 (2018) (aggravated sexual battery). He is serving an effective thirty-seven-year sentence for his convictions. On appeal, he contends that the trial court erred in denying his motion to suppress evidence from a search of his home and that he was denied the right to confront his accuser face-to-face. We affirm the judgments of the trial court.

Montgomery Court of Criminal Appeals

William Matney Putman v. State of Tennessee
E2019-01608-CCA-R3-PC
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge Lisa Rice

Over twenty-five years ago, William Matney Putman, Petitioner, pled guilty to first-degree felony murder, attempted robbery, and aggravated robbery. He was sentenced to an effective sentence of life without the possibility of parole. See William Matney Putman v. State, No. E2004-02192-CCA-R3-CD, 2005 WL 1996634, at *1 (Tenn. Crim. App. Aug. 18, 2005), perm. app. denied, (Tenn. Dec. 19, 2005) (“Putman I”). The postconviction court summarily dismissed Petitioner’s second petition for post-conviction relief. After review, we affirm pursuant to Rule 20 of the Rules of the Court of Criminal Appeals.

Carter Court of Criminal Appeals

Heather R. Wilder v. Joseph C. Wilder
E2019-00635-COA-R3-CV
Authoring Judge: Judge Arnold B. Goldin
Trial Court Judge: Judge Gregory S. McMillan

This appeal involves questions of post-divorce child support. In the trial court proceedings, both parties prayed for a modification of support. Additionally, mother pursued an extension of support post-majority for two of her children. While the trial court dealt with the question of post-majority support, it did not address the parties’ requests for modification of the ordinary support owed, father for a decrease, or mother for an increase. Although the trial court addressed post-majority support issues, its order was incomplete even as to those matters, as a specific amount of support was never set. It follows that there is not a final judgment in this case, and we must therefore dismiss the appeal for lack of subject matter jurisdiction.

Knox Court of Appeals

State of Tennessee v. John C. Elrod
M2019-01399-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Larry B. Stanley, Jr.

The Defendant, John C. Elrod, appeals the trial court’s order imposing confinement after finding a violation of his probation. In two separate cases, the Defendant pleaded guilty to multiple offenses, and the trial court sentenced him to an effective sentence of seven years of probation. In May 2019, the trial court issued a probation violation warrant based upon allegations that the Defendant had violated the terms of his probation by testing positive for amphetamines and methamphetamines on November 27, 2018 and January 24, 2019. After a hearing, the trial court revoked his probation and ordered him to serve the balance of his sentence in confinement. On appeal, the Defendant asserts that the trial court abused its discretion when it revoked his probation and when it ordered him to serve his sentence in confinement. After review, we affirm the trial court’s judgment.

Warren Court of Criminal Appeals

Belinda Bentley Wright v. John Andrew Wright
W2018-02163-COA-R3-CV
Authoring Judge: Judge Kenny Armstrong
Trial Court Judge: Judge Gina C. Higgins

This is a divorce case. Appellant Husband appeals the trial court’s: (1) classification of certain property; (2) imputation of income for purposes of child support; (3) denial of the parties’ proposed parenting plan; and (4) award of rehabilitative, transitional, and alimony in solido to Appellee Wife. We conclude that the trial court erred in: (1) the classification of certain marital property; (2) the amount of income imputed to the parties’; (3) denying the parties’ proposed parenting plan absent sufficient findings; (4) its award of rehabilitative alimony; and (5) in the amount of transitional alimony awarded.

Shelby Court of Appeals

Brandon Burns v. State Farm Fire And Casualty Company
E2019-00044-COA-R3-CV
Authoring Judge: Judge D. Michael Swiney
Trial Court Judge: Judge William T. Ailor

This appeal concerns a plaintiff’s effort to amend a civil warrant. Brandon Burns (“Burns”) had homeowners insurance through State Farm Fire and Casualty Company (“SFFCC”). When SFFCC did not repair the progressing damage to his home caused by a sinkhole, Burns sued “State Farm Insurance” in the Knox County General Sessions Court (“the General Sessions Court”). It was the wrong entity. Nevertheless, Burns obtained a $25,000 default judgment against it. SFFCC, a non-party, somehow and for some reason filed an appeal to the Circuit Court for Knox County (“the Circuit Court”). In the Circuit Court, Burns filed a motion to amend. SFFCC filed a motion to dismiss, which the Circuit Court granted as to SFFCC but not as to State Farm Insurance. SFFCC then dismissed its appeal, content to let the General Sessions Court judgment stand against State Farm Insurance. Some months later, Burns made an oral motion to amend in the General Sessions Court, which was granted. The parties agreed to remove the case back to the Circuit Court, which granted summary judgment to SFFCC. Burns appeals. We hold that the General Sessions Court lacked jurisdiction to grant Burns’ motion to amend or otherwise modify its judgment because its judgment became final months before Burns’ motion was noticed for hearing in the General Sessions Court. We affirm the judgment of the Circuit Court.

Knox Court of Appeals

State of Tennessee v. Freddie L. Smith
E2019-00999-CCA-R3-CD
Authoring Judge: Judge Robert H. Montgomery, Jr.
Trial Court Judge: Judge Steven Wayne Sword

The Defendant, Freddie L. Smith, was convicted upon his guilty pleas of four counts of identity theft, a Class D felony. See T.C.A. § 39-14-150 (2018). The Defendant pleaded guilty as a Range II offender and agreed to an effective eight-year sentence. The manner of service of his sentence was reserved for the trial court’s determination. On appeal, the Defendant contends that the trial court erred by imposing incarceration rather than an alternative sentence. We affirm the judgments of the trial court.

Knox Court of Criminal Appeals

Wafa Badawi Hindiyeh v. Waleed Fawzi Abed
M2018-01581-COA-R3-CV
Authoring Judge: Judge Richard H. Dinkins
Trial Court Judge: Judge J. Mark Rogers

This is the second appeal of a parenting plan. In the first appeal, Father successfully challenged the adoption of a plan that allocated him only 80 days parenting time; the case was remanded with instructions for the trial court to increase Father’s parenting time. Following a hearing, the trial court adopted Father’s proposed parenting plan which granted the parties equal parenting time, and in so doing, addressed other matters. Mother appeals. We affirm the award of equal parenting time and the adjustment to child support and income tax deductions that necessarily followed; we modify the plan to include certain provisions that were in the previous parenting plan.

Rutherford Court of Appeals

Susan Hembree (Schumacher) Deluca v. Kerry James Schumacher
M2019-00601-COA-R3-CV
Authoring Judge: Judge Andy D. Bennett
Trial Court Judge: Judge Philip E. Smith

A husband and wife executed a marital dissolution agreement (“MDA”) providing that the husband would pay the wife alimony in futuro even if she remarried. Following the wife’s remarriage, the husband sought to have his alimony obligation terminated pursuant to Tenn. Code Ann. § 36-5-121(f)(3), which provides that an alimony in futuro award “shall terminate automatically and unconditionally upon the death or remarriage of the recipient.” The trial court terminated the husband’s alimony obligation, and the wife appealed. We reverse the trial court’s judgment because the parties voluntarily agreed to terms outside of the statute, and their contract is enforceable as written.

Davidson Court of Appeals

State of Tennessee v. George Ronald Perez
M2018-01854-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge William R. Goodman, III

Defendant, George Ronald Perez, was indicted by the Montgomery County Grand Jury for possession with intent to sell or deliver 0.5 ounce or more of marijuana, simple possession of cocaine, simple possession of methamphetamine, possession of drug paraphernalia, and possession of a firearm during the commission of a dangerous felony. Defendant entered open guilty pleas to felony possession with intent to sell or deliver 0.5 ounce or more of marijuana, simple possession of cocaine, simple possession of methamphetamine, and possession of drug paraphernalia. A bench trial was conducted on the charge of possession of a firearm during the commission of a dangerous felony, and Defendant was found guilty. The trial court sentenced Defendant to consecutive sentences of one year for possession with intent to sell 0.5 ounce or more of marijuana and three years for possession of a firearm during the commission of a dangerous felony. The trial court sentenced Defendant to 11 months and 29 days for each of his remaining convictions and ordered those sentences to run concurrently with his three-year sentence. Defendant’s sole issue on appeal is whether the evidence was sufficient to support his conviction for possession of a firearm during the commission of a dangerous felony. Having reviewed the entire record, we conclude that the evidence was sufficient. Accordingly, we affirm the judgments of the trial court.

Montgomery Court of Criminal Appeals

State of Tennessee v. Aaron Frank Britton
E2019-01104-CCA-R3-CD
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge Steven Wayne Sword

The defendant, Aaron Frank Britton, appeals his Knox County Criminal Court guiltypleaded conviction of aggravated assault, arguing that the trial court erred by imposing a fully incarcerative sentence. Discerning no error, we affirm.

Knox Court of Criminal Appeals

Great American Insurance Company v. Pilot Travel Centers, LLC
E2019-00649-COA-R3-CV
Authoring Judge: Judge D. Michael Swiney
Trial Court Judge: Chancellor Clarence E. Pridemore, Jr.

This appeal arises out of a negligence lawsuit. TLD Logistics Services, Inc. (“TLD”), an interstate common carrier, sued Pilot Travel Centers, LLC (“Pilot”) in the Chancery Court for Knox County (“the Trial Court”). TLD was a customer of Comdata Network, Inc. (“Comdata”), and Pilot was a Comdata vendor. Upon request from TLD, Comdata issued codes for the creation of Comcheks, negotiable draft instruments TLD used to pay workers. Pilot would print and deliver the Comcheks. TLD alleged that Pilot breached its duty of care by failing to ascertain whether Comchek payees were legitimate, thus causing TLD monetary loss when a rogue TLD employee fraudulently caused numerous Comcheks to be issued that were negotiated by Pilot. Pilot filed a motion for summary judgment. Pilot argued in its motion that TLD should have kept better internal safeguards to prevent what happened with its employee, and that TLD was 50% or more at fault in this matter. The Trial Court granted Pilot’s motion for summary judgment. Great American Insurance Company (“Great American”), subrogee of TLD and substituted as plaintiff mid-proceedings below, appeals to this Court. We hold that reasonable minds could disagree as to whether TLD was 50% or more at fault. We reverse the judgment of the Trial Court, and remand for further proceedings consistent with this Opinion.

Knox Court of Appeals

Alvin Ray, et al. v. Anthony Willougby
W2019-00646-COA-R3-CV
Authoring Judge: Judge W. Neal McBrayer
Trial Court Judge: Judge Robert Samual Weiss

A pro se defendant appeals a judgment entered against him on a promissory note. Because the defendant failed to file a transcript or statement of evidence, we presume that the trial court’s findings are supported by the evidence. In light of that presumption, we affirm the judgment.

Shelby Court of Appeals

State of Tennessee v. Tavaris Markee Golden
W2018-01956-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge Donald H. Allen

A Madison County Circuit Court Jury convicted the Appellant, Tavaris Markee Golden, of aggravated assault, a Class C felony, employing a firearm during the commission of or attempt to commit a dangerous felony, a Class C felony, and attempted voluntary manslaughter, a Class D felony, and he received an effective twelve-year sentence. On appeal, the Appellant contends that the trial court erred by refusing to merge the attempted voluntary manslaughter conviction into the aggravated assault conviction and that the merger would have negated his conviction of employing a firearm during the commission of a dangerous felony and the six-year sentence he received for the offense. Based upon the record and the parties’ briefs, we affirm the judgments of the trial court.

Madison Court of Criminal Appeals

State of Tennessee v. Blake Gregg
E2019-00843-CCA-R3-CD
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge James F. Goodwin, Jr.

The defendant, Blake Gregg, appeals from his Sullivan County Criminal Court guiltypleaded convictions in multiple case numbers of possession of methamphetamine, two counts of possession with intent to sell .5 grams or more of methamphetamine, possession of oxycodone, possession of buprenorphine, possession of clonazepam, introduction of contraband into a penal institution, domestic assault, aggravated domestic assault, evading arrest, driving under the influence (“DUI”), two counts of driving on a suspended license, one count of second or subsequent offense of driving on a suspended license, driving while in possession of methamphetamine, theft of property valued at $1,000 or more but less than $2,500, four counts of possession of drug paraphernalia, running a stop sign, violating the vehicle light law, and two counts of violating the financial responsibility law. In this appeal, the defendant asserts that the trial court erred by ordering that he serve the 10-year sentence imposed in case number S68680 in confinement. Discerning no error, we affirm.

Sullivan Court of Criminal Appeals

State of Tennessee v. Greg Patterson
W2018-01799-CCA-R3-CD
Authoring Judge: Judge D. Kelly Thomas, Jr.
Trial Court Judge: Judge Joseph H. Walker, III

The Defendant, Greg Patterson, was involved in dependent and neglect proceedings in juvenile court and tested positive for methamphetamine in a drug screen ordered by that court. He was, thereafter, charged with attempted aggravated child neglect for exposing his two-year-old child to methamphetamine. The trial court denied the Defendant’s pretrial motion to suppress the drug screen results, and a jury ultimately convicted the Defendant as charged. On appeal, the Defendant submits that the trial court erred by denying his suppression motion because he did not voluntarily consent to a search and, moreover, because the special needs exception to the warrant requirement does not apply. Following our review, we conclude that the search was constitutionally reasonable as a special needs exception. Accordingly, the judgment of the trial court is affirmed.

Lauderdale Court of Criminal Appeals

State of Tennessee v. Michael Eugene Rutherford
E2019-01319-CCA-R3-CD
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge Steven Wayne Sword

The defendant, Michael Eugene Rutherford, appeals his Knox County Criminal Court guilty-pleaded convictions of aggravated assault, simple possession, driving under the influence (“DUI”), vandalism, and violating the financial responsibility law, arguing that the trial court erred by imposing a fully incarcerative sentence. Discerning no error, we affirm.

Knox Court of Criminal Appeals

Trina Petty as Administrator of the Estate of Ida Mae Ewing v. Robert Burns, MD, PC d/b/a Robert Burns, MD
W2019-00625-COA-R3-CV
Authoring Judge: Judge Kenny Armstrong
Trial Court Judge: Judge Felicia Corbin Johnson

This is a health care liability case. The trial court granted Appellee’s motion for summary judgment because, inter alia, Appellant failed to provide Appellee with the proper pre-suit notice under Tennessee Code Annotated section 29-26-121(a)(1). Finding no error, we affirm.

Shelby Court of Appeals

State of Tennessee v. Tonica Alvarado aka Tonica Beckham
W2019-00144-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Charles C. McGinley

The pro se Defendant, Tonica Alvarado aka Tonica Beckham, appeals the trial court’s denial of her motion to correct a clerical error on her probation revocation order pursuant to Tennessee Rule of Criminal Procedure 36.1. After review, we remand the case for further findings.

Hardin Court of Criminal Appeals

Janet Lynnette McCormick v. Donny Joe McCormick
W2019-00647-COA-R3-CV
Authoring Judge: Presiding Judge J. Steven Stafford
Trial Court Judge: Chancellor James F. Butler

Wife appeals the trial court’s judgment, arguing that the trial court erred in treating an obligation contained in the parties’ marital dissolution agreement as an alimony obligation rather than a division of marital debt that was extinguished upon the foreclosure of the subject property. In the alternative, Wife contends that the trial court erred in not further reducing or eliminating her alimony obligation. We conclude that Wife waived her arguments concerning the proper classification of this obligation as a marital debt by not raising this argument in the trial court. As to the trial court’s decision regarding modification of Wife’s alimony, we vacate the trial court’s ruling and remand for an order fully compliant with Rule 52.01 of the Tennessee Rules of Civil Procedure.

Henderson Court of Appeals

Mark T. Cross v. River Sound Homeowners Association, Incorporated
E2019-01183-COA-R3-CV
Authoring Judge: Judge Arnold B. Goldin
Trial Court Judge: Chancellor Clarence E. Pridemore, Jr.

This is an appeal from an order of partial summary judgment. Although the trial court attempted to certify its order as final pursuant to Rule 54.02 of the Tennessee Rules of Civil Procedure, we hold that such certification was improvident. There being no final judgment before us, we are compelled to dismiss this appeal for lack of subject matter jurisdiction.

Knox Court of Appeals

In Re Neveah M.
M2019-00313-COA-R3-PT
Authoring Judge: Judge Andy D. Bennett
Trial Court Judge: Judge Philip E. Smith

Foster parents brought a petition to terminate the parental rights of a biological mother on three grounds, and the trial court granted the petition on all three grounds. Because the foster parents failed to prove any of the grounds by clear and convincing evidence, we reverse the decision of the trial court.

Davidson Court of Appeals

Kristin Edge Hunt-Carden v. Jason Vincent Carden
E2018-00175-COA-R3-CV
Authoring Judge: Judge John W. McClarty
Trial Court Judge: Judge Ward Jeffrey Hollingsworth

This appeal involves a marriage of short duration. Following a bench trial, the court granted the wife a divorce and classified and divided the parties’ marital estate. The husband takes issue with the trial court’s classification and division of the marital property, as well as the award of alimony to the wife. The wife seeks attorney fees and costs. We affirm in part as modified and reverse in part.

Hamilton Court of Appeals