State of Tennessee v. Madaryl Dewayne Hampton
W2019-01551-CCA-R3-CD
Authoring Judge: Judge Camille R. McMullen
Trial Court Judge: Judge Donald H. Allen

The Defendant-Appellant, Madaryl Hampton, was indicted by the Madison County Grand Jury with multiple counts of drug and weapon related offenses, all stemming from a single encounter with the Jackson Police Department (JPD). These counts were severed into two trials, one dealing with the drug related offenses and the other the weapon related offenses. In the first trial, the Defendant was convicted of two counts of simple possession of marijuana. In his second trial, the Defendant was convicted of four counts of being a felon in possession of a weapon. The trial court merged each of these counts and sentenced the Defendant as a Range II offender to twenty years’ imprisonment for the weapon offenses to be served consecutively to eleven months and twenty-nine days’ imprisonment for the possession of marijuana convictions. While the issues presented in this appeal as of right involve facts from the Defendant’s first trial, the Defendant challenges only the felon in possession of a weapon convictions in arguing that: (1) the trial court committed plain error in allowing the State to admit evidence that the Defendant was in possession of marijuana, digital scales, and cash; (2) the trial court committed plain error in allowing the State to comment on the credibility of the Defendant and the witnesses during closing arguments; and (3) the evidence is insufficient to sustain the Defendant’s convictions. Following our review, we affirm the judgments of the trial court.

Madison Court of Criminal Appeals

State of Tennessee v. Bobby Joe Young, Jr.
M2019-01965-CCA-R3-CD
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge William R. Goodman, III

The defendant, Bobby Joe Young, Jr., appeals the revocation of the sentences of probation imposed for his convictions of aggravated assault, robbery, and escape, arguing that the trial court erred by ordering that he serve the balance of the total effective sentence in confinement and that the trial court miscalculated the remaining balance of the total effective sentence. Discerning no error, we affirm.

Montgomery Court of Criminal Appeals

Tracy Darrell Adkins v. Rhonda Forlaw Adkins
M2021-00384-COA-T10B-CV
Authoring Judge: Judge Kenny Armstrong
Trial Court Judge: Judge Michael Binkley

This accelerated interlocutory appeal is taken from the trial court’s order denying Appellant’s motion for recusal. Because there is no evidence of bias that would require recusal under Tennessee Supreme Court Rule 10B, we affirm the judgment of the trial court.

Williamson Court of Appeals

Daryl K. Burford v. Tennessee Department of Correction, Et Al.
M2020-00575-COA-R3-CV
Authoring Judge: Judge Thomas R. Frierson, II
Trial Court Judge: Chancellor Anne C. Martin

The petitioner, a state prison inmate, appeals the trial court’s dismissal of his petition for a declaratory judgment, in which he alleged that the respondents, Tennessee Department of Correction (“TDOC”); TDOC Sentence Management; TDOC Commissioner Tony Parker; and CoreCivic, Inc., Records Officials (“CoreCivic”) (collectively, “Respondents”), miscalculated his release eligibility date and sentence expiration date. The trial court dismissed the petition upon finding that the petitioner had failed to comply with the court’s two orders notifying the petitioner that his case would be dismissed if he did not pay the initial partial filing fee required under Tennessee Code Annotated § 41-21-807, file an affidavit of indigency, and submit copies of his petition and summons for each respondent with the court clerk. Discerning no reversible error, we affirm. 

Davidson Court of Appeals

Curtis Keller v. State of Tennessee
W2020-00590-CCA-R3-PC
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge J. Robert Carter, Jr.

The petitioner, Curtis Keller, appeals the denial of his petition for post-conviction relief, which petition challenged his convictions of especially aggravated kidnapping, aggravated robbery, attempted aggravated robbery, aggravated burglary, and evading arrest. In this appeal, the petitioner alleges that he was deprived of the effective assistance of trial and appellate counsel and that the
post-conviction court erred by denying his motions for a continuance and to inspect grand jury materials. Discerning no error, we affirm the denial of post-conviction relief.

Shelby Court of Criminal Appeals

Lamar Hudson v. State of Tennessee
W2020-00330-CCA-R3-PC
Authoring Judge: Judge D. Kelly Thomas, Jr.
Trial Court Judge: Judge J. Robert Carter, Jr.

The Petitioner, Lamar Hudson, filed a petition for post-conviction relief challenging his guilty plea for attempted second degree murder and the resulting ten-year sentence. The post-conviction court denied relief, and the Petitioner appeals. On appeal, the Petitioner alleges that he received ineffective assistance of counsel because trial counsel failed to obtain body camera footage and that the resulting guilty plea was, therefore, entered involuntarily. After our review, we affirm the judgment of the post-conviction court denying the Petitioner relief.

Shelby Court of Criminal Appeals

State of Tennessee v. Santos Morales
W2019-02019-CCA-R3-CD
Authoring Judge: Judge Robert H. Montgomery, Jr.
Trial Court Judge: Judge Carolyn W. Blackett

The Defendant, Santos Morales, was convicted by a Shelby County Criminal Court jury of aggravated sexual battery, a Class B Felony. See T.C.A § 39-13-504 (2018). The trial court sentenced the Defendant to ten years at 100% service and ordered the Defendant to register as a sexual offender. See T.C.A § 40-39-201 (2019). On appeal, the Defendant contends that the evidence is insufficient to support his conviction. We affirm the judgment of the trial court.

Shelby Court of Criminal Appeals

Delshun Jones v. State of Tennessee
W2020-00994-CCA-R3-PC
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge Glenn Ivy Wright

Petitioner, Delshun Jones, appeals from the denial of his petition for post-conviction relief, in which he alleged that he received ineffective assistance of counsel at trial. Following an evidentiary hearing, the post-conviction court denied the petition. Having reviewed the entire record and the briefs of the parties, we affirm the judgment of the post-conviction court.

Shelby Court of Criminal Appeals

State of Tennessee v. Randy Massey
M2020-00893-CCA-R3-CD
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge Stella L. Hargrove

The defendant, Randy Massey, appeals the Giles County Circuit Court’s order revoking his probation and ordering him to serve the balance of his six-year sentence for aggravated assault in confinement. Discerning no error, we affirm.

Giles Court of Criminal Appeals

State of Tennessee v. Ralpheal Cameron Coffey
E2019-01764-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge G. Scott Green

The Appellant, Ralpheal Cameron Coffey, was convicted in the Knox County Criminal Court of various offenses, including four counts of possession of more than one-half gram of cocaine with intent to sell and deliver within one thousand feet of a school, Class A and B felonies, and two counts of vehicular homicide, Class C felonies. After a sentencing hearing, the trial court merged some of the convictions and ordered that the Appellant serve an effective forty-eight-year sentence in confinement. On appeal, the Appellant contends that the evidence is insufficient to support some of the convictions, that the trial court erred by admitting the cocaine into evidence because there was a “break” in the chain of custody, and that his effective forty-eight-year sentence is excessive. Based upon the oral arguments, the record, and the parties’ briefs, we affirm the judgments of the trial court.

Knox Court of Criminal Appeals

State of Tennessee v. Joshua Travis Griffith
M2020-00521-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Larry B. Stanley

A Warren County jury convicted the Defendant, Joshua Travis Griffith, of three counts of aggravated statutory rape, and the trial court sentenced him to a total effective sentence of three years. On appeal, the Defendant contends that the trial court: (1) erroneously allowed the State to present evidence outside the scope of the indictment, as well as evidence of his transmission of hepatitis B to the victim, which should have been excluded pursuant to Tenn. R. Evid. 404(b); (2) erroneously failed to declare a mistrial after the State’s motion to amend the indictment in the presence of the jury; and (3) erroneously failed to grant his motion for judgments of acquittal. He lastly contends that the cumulative effect of the errors violated his right to a fair trial. After review, we conclude that errors occurred during trial; however, consistent with our conclusion that those errors were harmless, the trial court’s judgments are affirmed.

Warren Court of Criminal Appeals

Regions Bank v. Nathan I. Prager
W2019-00782-SC-R11
Authoring Judge: Chief Justice Jeffrey S. Bivins
Trial Court Judge: Judge James F. Russell

The issue in this appeal is whether the Plaintiff’s lawsuit is barred by the doctrine of res judicata.  The Plaintiff originally filed suit against the Defendant in the Circuit Court for Shelby County in May 2014.  Unbeknownst to the parties, the trial court sua sponte dismissed the lawsuit for failure to prosecute.  Upon learning of the dismissal over ten months later, the Plaintiff moved to set aside the dismissal.  The trial court denied the Plaintiff’s request to set aside the dismissal but, articulating an erroneous reading of Rule 41.02(3) of the Tennessee Rules of Civil Procedure, entered an order that stated the dismissal did not bar the Plaintiff from refiling its lawsuit.  When the Plaintiff refiled its lawsuit in August 2017, the Defendant filed a motion to dismiss based on the doctrine of res judicata.  Despite language to the contrary in its prior order, the trial court granted the Defendant’s motion, holding that the dismissal of the original lawsuit operated as an adjudication on the merits.  A divided panel of the Court of Appeals affirmed the trial court’s dismissal of the second lawsuit.  We conclude that the doctrine of res judicata does not bar the Plaintiff’s lawsuit.  Accordingly, we reverse the decision of the Court of Appeals, vacate the trial court’s judgment, and reinstate the Plaintiff’s lawsuit.

Shelby Supreme Court

Ciara Dawn Beaty v. Adam Scott Beaty
M2020-00476-COA-R3-CV
Authoring Judge: Judge John W. McClarty
Trial Court Judge: Judge Ronald Thurman

This is an appeal from a divorce involving one minor child. In fashioning an initial parenting schedule, the trial court named the mother primary residential parent of the parties’ minor child and entered a parenting plan awarding 242 days of parenting time to the mother and 123 days to the father. The father appealed. Because we conclude that the trial court’s order regarding the residential parenting schedule does not contain sufficient findings of fact such that meaningful appellate review is possible, we vacate the order as to the parenting plan and remand for findings of fact and conclusions of law to facilitate appellate review.   

Pickett Court of Appeals

Theresa Doty v. City of Johnson City
E2021-00054-COA-R3-CV
Authoring Judge: Judge John W. McClarty
Trial Court Judge: Judge Jean A. Stanley

This is a personal injury action in which the defendant tortfeasor claims that the trial court erroneously excluded evidence concerning plaintiff’s claimed medical expenses. On appeal, we affirm the trial court’s rulings on the admissibility of evidence.

Washington Court of Appeals

State of Tennessee v. Nathan Craig
M2020-01124-CCA-R3-CD
Authoring Judge: Judge Jill Bartee Ayers
Trial Court Judge: Judge Stella L. Hargrove

Defendant, Nathan Craig, pled guilty to robbery and was sentenced to four years, suspended to a ten-year sentence of supervised probation. Defendant’s probation officer filed a probation violation warrant alleging that Defendant had violated the terms of his probation. Following a hearing, the trial court revoked Defendant’s probation and ordered him to serve the remainder of the four-year sentence in confinement. On appeal, Defendant argues that the trial court abused its discretion in revoking his probation. Following our review of the entire record and the briefs of the parties, we affirm the judgment of the trial court. 

Maury Court of Criminal Appeals

State of Tennessee v. Derious Grandberry
W2019-01872-CCA-R3-CD
Authoring Judge: Presiding Judge John Everett Williams
Trial Court Judge: Judge John Wheeler Campbell

The Defendant, Derious Grandberry, was convicted at trial of carjacking and aggravated robbery. He received an effective sentence of twenty years in confinement. On appeal, the Defendant argues that the evidence was insufficient to convict him of the offenses, that the trial court erred by failing to weigh the evidence itself as the thirteenth juror, that the trial court erred in allowing the State to admit the victim’s photographic lineup identification of him into evidence, and that the trial court abused its discretion by imposing the maximum sentence. After review, we affirm the trial court’s judgments.

Shelby Court of Criminal Appeals

Casey L. Redmon v. State of Tennessee
W2020-00888-CCA-R3-PC
Authoring Judge: Judge D. Kelly Thomas, Jr.
Trial Court Judge: Judge J. Weber McCraw

The Petitioner, Casey L. Redmon, appeals from the McNairy County Circuit Court’s summary dismissal of his petition for post-conviction relief, wherein he challenged his 2014 guilty-pleaded conviction of burglary. The Petitioner contends that the post-conviction court erred in summarily denying his petition for being untimely filed. Specifically, he argues that he is serving an illegal sentence based upon the Tennessee Department of Correction’s (TDOC) incorrect calculation of his sentence and that an illegal sentence can be remedied at any time. Discerning no error, we affirm the judgment of the post-conviction court.

McNairy Court of Criminal Appeals

Mario Norfleet v. State of Tennessee
W2020-00694-CCA-R3-PC
Authoring Judge: Judge J. Ross Dyer
Trial Court Judge: Judge Chris Craft

The petitioner, Mario Norfleet, appeals the denial of his post-conviction petition arguing the post-conviction court erred in finding he received the effective assistance of counsel at trial. Following our review, we affirm the post-conviction court’s denial of the petition.

Shelby Court of Criminal Appeals

State of Tennessee v. James Yates
W2020-00706-CCA-R3-CD
Authoring Judge: Judge J. Ross Dyer
Trial Court Judge: Judge Chris Craft

A Shelby County jury convicted the defendant, James Yates, of aggravated robbery and assault. Following a sentencing hearing, the trial court imposed an effective sentence of thirty years in confinement. On appeal, the defendant challenges the sufficiency of the evidence to support his convictions and argues the trial court erred in denying his motion to suppress. After reviewing the record and considering the applicable law, we affirm the judgments of the trial court. However, we remand the case for entry of a judgment form in count 2.

Shelby Court of Criminal Appeals

Michael Halliburton v. Tennessee Board of Parole
M2020-01657-COA-R3-CV
Authoring Judge: Judge Andy D. Bennett
Trial Court Judge: Chancellor Russell T. Perkins

After being denied parole and exhausting all administrative remedies, an inmate filed a petition for writ of certiorari in the Chancery Court of Davidson County. The chancery court dismissed the petition pursuant to Tenn. Code Ann. § 41-21-812 because the inmate had unpaid court costs from previous litigation. Finding no error, we affirm.

Davidson Court of Appeals

In Re James W. et al.
E2020-01440-COA-R3-PT
Authoring Judge: Judge Carma Dennis McGee
Trial Court Judge: Judge Brian J. Hunt

This case involves a petition to terminate parental rights. The petition was filed by the Department of Children’s Services against the biological mother of several minor children. In the petition, the Department alleged five grounds for termination: (1) abandonment by failure to provide a suitable home; (2) abandonment by exhibiting a wanton disregard for the welfare of the children prior to incarceration; (3) substantial noncompliance with a permanency plan; (4) persistence of conditions; and (5) failure to manifest an ability and willingness to parent. After a trial on the petition, the trial court found that the Department established all five grounds and that termination was in the best interest of the children. As a result, the trial court terminated the mother’s parental rights. We affirm the trial court’s decision and remand.

Anderson Court of Appeals

Elizabeth Kay Tomes v. Michael Joe Tomes
M2020-00833-COa-R3-CV
Authoring Judge: Judge Andy D. Bennett
Trial Court Judge: Judge Ross H. Hicks

In this post-divorce dispute, the wife challenges the trial court’s determination that she was in contempt of the divorce decree for failing to return certain personal property to the husband. We find no error in the trial court’s contempt ruling or in its denial of the wife’s motion for Rule 60 relief. Therefore, we affirm the trial court’s decision in all respects.

Montgomery Court of Appeals

Kimberly Medders v. Landon Newby, Et Al.
M2020-01094-COA-R3-CV
Authoring Judge: Judge Andy D. Bennett
Trial Court Judge: Judge Kelvin D. Jones

An insurance company denied coverage for an accident its insured had with an uninsured/underinsured motorist because the insured had a “non-owner’s” policy, and the car she was driving did not fit the definition of a “non-owned auto.”  The trial court concluded, following a bench trial on the bifurcated issue of coverage, that the insured’s policy did not cover the accident, and the insured appealed.  We affirm the trial court’s judgment.

Davidson Court of Appeals

State of Tennessee v. Gary Bush
M2020-00940-CCA-R3-CD
Authoring Judge: Presiding Judge John Everett Williams
Trial Court Judge: Judge Barry R. Tidwell

The Defendant, Gary Bush, appeals the trial court’s summary denial of his motion to correct an illegal sentence filed pursuant to Tennessee Rule of Criminal Procedure 36.1 in which he challenged his life sentence resulting from his first degree murder conviction in 2008 for an offense that occurred in 1982. On appeal, the Defendant argues that he was sentenced under the 1989 Criminal Sentencing Reform Act rather than the law in effect when he committed the offense. We affirm the judgment of the trial court.  

Rutherford Court of Criminal Appeals

State of Tennessee v. Marcel Holbrook
W2019-02202-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge James M. Lammey, Jr.

A Shelby County jury convicted the Defendant, Marcel Holbrook, of first degree premeditated murder, attempted first degree murder, and possession of a firearm during the commission of or attempt to commit a dangerous felony. The trial court imposed an effective sentence of life plus twenty-seven years. On appeal, the Defendant asserts that the trial court erred when it admitted into evidence a photograph of an SKS rifle and that the evidence was insufficient to support his convictions for first degree murder and attempted first degree murder. After a thorough review of the record and applicable law, we affirm the trial court’s judgments.

Shelby Court of Criminal Appeals