Monsieur Shawnellias Burgess v. Bradford Hills HOA Et Al.
M2020-01565-COA-R3-CV
Authoring Judge: Judge Andy D. Bennett
Trial Court Judge: Judge Joseph P. Binkley, Jr.

A homeowner sued his homeowners’ association in general sessions court. Upon motion of the homeowner’s association, the case was removed to circuit court. After the case was removed to circuit court, the homeowner amended his complaint to add an attorney for the homeowner’s association as a defendant. The homeowner’s association and the attorney sought to dismiss the amended complaint. The circuit court granted the motions to dismiss but allowed to the homeowner to file a second amended complaint against the attorney in order to state a claim for negligent misrepresentation. Ultimately, the circuit court granted the attorney a judgment on the pleadings after concluding that the second amended complaint failed to allege facts satisfying all of the elements of a claim for negligent misrepresentation. The homeowner appealed. Discerning that the circuit court erred in granting the homeowner’s association’s motion to dismiss, we vacate that portion of the court’s judgment and remand for further proceedings. We affirm the circuit court’s judgment in all other respects.

Bryan College v. National Association Of Christian Athletes
E2021-00931-COA-R3-CV
Authoring Judge: Judge John W. McClarty
Trial Court Judge: Judge Justin C. Angel

This appeal concerns the ownership of property following the trial court’s grant of summary judgment in favor of the plaintiff college.  We vacate the decision of the trial court and remand for further proceedings. 

State of Tennessee v. Tavares Tobin
E2022-00604-CCA-R3-CD
Authoring Judge: Judge Tom Greenholtz
Trial Court Judge: Judge Kyle Hixson

Following convictions for unlawful possession of a weapon and a felony drug offense, the
Defendant, Tavares Tobin, was sentenced to an effective term of eleven years and placed
on probation. Thereafter, the Defendant engaged in new criminal conduct and stopped
reporting for supervision. As a consequence of the violations, the trial court revoked the
suspended sentences and ordered that the Defendant serve the balance of the effective
sentence in custody. On appeal, the Defendant argues that the trial court abused its
discretion by finding that he violated the conditions of his probation and by fully revoking
his suspended sentences without considering lesser options. We respectfully affirm the
judgments of the trial court.

Sharrad Sharp v. State of Tennessee
W2022-00232-CCA-R3-PC
Authoring Judge: Judge Robert H. Montgomery, Jr.
Trial Court Judge: Judge John W. Campbell

The Petitioner, Sharrad Sharp, appeals from the Shelby County Criminal Court’s denial of
his petition for post-conviction relief from his aggravated sexual battery and child abuse
convictions, for which he is serving a sixteen-year sentence. On appeal, he contends that
he received the ineffective assistance of counsel because trial counsel failed to request a
limiting jury instruction regarding the victims’ forensic examination interviews. We affirm
the judgment of the post-conviction court.

State of Tennessee v. Miranda Cheatham
E2021-01241-CCA-R3-CD
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge Don R. Ash, Senior Judge

Miranda Cheatham, Defendant, was convicted of second degree murder for the shooting
death of her husband on Halloween of 2016. As a result of the conviction, she was
sentenced to 18 years in incarceration. After the denial of a motion for new trial, Defendant
raises a variety of issues on appeal. On appeal, Defendant argues: (1) the evidence was
insufficient to support the conviction; (2) the evidence supported Defendant’s claim of selfdefense;
(3) the “crime scene negligence” entitles Defendant to a new trial; (4) the
“investigative negligence” by the State entitles Defendant to a new trial; (5) the State
mislabeled evidence presented to the grand jury; (6) the State failed to disclose evidence
in violation of Brady v. Maryland; (7) the trial court permitted improper testimony from
more than one witness; (8) the State committed a discovery violation for failing to disclose
an audio recording; and (9) cumulative error. After a review, we affirm the judgment of
the trial court.

Joshua E. Webb v. State of Tennessee
E2022-00243-CCA-R3-PC
Authoring Judge: Judge James Curwood Witt, Jr.,
Trial Court Judge: Judge G. Scott Green

The petitioner, Joshua E. Webb, appeals the denial of his petition for post-conviction relief,
which petition challenged his Knox County Criminal Court jury convictions of especially
aggravated kidnapping, aggravated burglary, and aggravated robbery, arguing that he was
denied the effective assistance of counsel. Discerning no error, we affirm.

Karen Mathes v. N.J. Ford and Sons Funeral Home, Inc., et al.
W2021-00368-COA-R3-CV
Authoring Judge: Judge Carma Dennis McGee
Trial Court Judge: Chancellor Jim Kyle

This appeal involves an action filed against a funeral home and a cemetery for alleged
mishandling of a dead human body. The trial court granted summary judgment in favor of
the funeral home as to the claims against the funeral home only. The plaintiff appeals. We
affirm.

Walter Joshlin, et al. v. Hollis H. Halford, III, M.D., et al.
W2020-01643-COA-R3-CV
Authoring Judge: Judge Carma Dennis McGee
Trial Court Judge: Judge Jerry Stokes

This appeal involves a failure to timely move for substitution of parties after the death of
one of the two plaintiffs. In a previous appeal, this Court directed the trial court, on remand,
to determine whether the plaintiff’s response to a motion to dismiss should be construed as
a motion for enlargement of time pursuant to Tennessee Rule of Civil Procedure 6.02, and
if so, to determine whether the plaintiff’s failure to timely move for substitution of the
parties pursuant to Tennessee Rule of Civil Procedure 25.01 was the result of excusable
neglect. On remand, the trial court determined that the plaintiff’s filing should be construed
as a motion for an enlargement of time. However, the trial court also found that the plaintiff
failed to timely move for substitution due to counsel’s misinterpretation of the law, which,
the trial court concluded, did not constitute excusable neglect. As such, the trial court
granted the defendants’ motion to dismiss for failure to timely substitute parties. The
plaintiff appeals. We affirm and remand for further proceedings.

State of Tennessee v. Roosevelt Pitts, III
M2022-00581-CCA-R3-CD
Authoring Judge: Camille R. McMullen
Trial Court Judge: James A. Turner

In this delayed appeal, the Defendant-Appellant, Roosevelt Pitts, III, challenges his
Rutherford County jury convictions of robbery, three counts of felony reckless
endangerment, misdemeanor leaving the scene of an accident, and felony vandalism, for
which he received an effective sentence of eighteen years in prison. The Defendant argues
that the trial court erred in rejecting his challenge to two peremptory challenges based on
Batson v. Kentucky, 476 U.S. 79 (1986), and that the State engaged in prosecutorial
misconduct during closing arguments. Upon our review, we affirm.

Benjamin McCurry v. Agness McCurry
E2022-01767-COA-R3-CV
Authoring Judge: Per Curiam
Trial Court Judge: Thomas J. Wright

Because the order appealed from does not constitute a final appealable judgment, this Court lacks jurisdiction to consider this appeal.

State of Tennessee v. Darius Mack
W2022-00224-CCA-R3-CD
Authoring Judge: Judge J. Ross Dyer
Trial Court Judge: Judge John W. Campbell, Sr.

A Shelby County jury convicted the defendant, Darius Mack, of first-degree premeditated murder and tampering with evidence for which he received an effective sentence of life plus three years in prison. On appeal, the defendant argues the trial court erred in denying his motion to suppress. He also contends the evidence presented at trial was insufficient to support his convictions. After reviewing the record and considering the applicable law, we affirm the judgments of the trial court.

Metropolitan Government of Nashville & Davidson County v. Paramjeet Singh
M2022-00134-COA-R3-CV
Authoring Judge: Judge Andy D. Bennett
Trial Court Judge: Judge Kelvin D. Jones

As a result of a traffic accident, a Metropolitan police officer issued a driver a Metropolitan traffic citation. The general sessions court found that the driver violated a traffic ordinance, and on appeal, the circuit court also found that the driver violated the ordinance. The driver challenges the jurisdiction of the courts, the legality of reporting the violation to the Tennessee Department of Safety and the severity of the penalty he may receive from California. We affirm.

Michael White v. Martin Frink, Warden
M2022-00429-CCA-R3-HC
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge Michael Wayne Collins

In Re Yancy N.
M2021-00574-COA-R3-PT
Authoring Judge: Judge W. Neal McBrayer
Trial Court Judge: Judge John P. Damron

Carole J. Boyd Et. Al. v. Town of Morrison
M2021-01542-COA-R3-CV
Authoring Judge: Presiding Judge Frank G. Clement, Jr.
Trial Court Judge: Senior Judge Don R. Ash

The issues in this appeal arise from protracted litigation in three courts involving several property owners (“Plaintiffs”) who contend the Town of Morrison, Tennessee, (“the Town”) is estopped, for various reasons, from collecting property taxes on their properties. Although the dispute initially involved a challenge to whether the Town lawfully annexed Plaintiffs’ properties, it is no longer disputed that the Town annexed the properties with the passage of Ordinances 01-01 and 01-02 on second and final reading on November 5, 2001. The genesis of the dispute occurred in 2017 when Plaintiffs were cited to the Municipal Court for violating the Town’s zoning ordinances. During the hearing, the Town was required to establish that Plaintiffs’ properties had been annexed. To prove it had annexed the properties, the Town erroneously relied upon Ordinance 01-03, instead of Ordinances 01-01 and 01-02. The Municipal Court found that the Town had not lawfully enacted Ordinance 01-03 to annex Plaintiffs’ properties; therefore, the court dismissed the citations. The Town did not appeal that decision. Two years later, the Town filed a petition for declaratory judgment in the Chancery Court, arguing that it had properly annexed the subject properties. The Chancery Court dismissed the petition concluding that the Town was collaterally estopped from relitigating the issue because “the relevant issue was litigated and determined by the Municipal Court . . . , [which] was a court of competent jurisdiction, and therefore, this Chancery Court will not disturb that Court’s findings.” The Town appealed the Chancery Court decision; however, it voluntarily dismissed the appeal. Nevertheless, the Town continued to send delinquent tax notices to Plaintiffs. As a consequence, Plaintiffs commenced this action seeking a declaration that their properties had not been properly annexed by the Town. In its Answer, the Town asserted, for the first time, that it had annexed Plaintiffs’ properties in 2001 pursuant to Ordinances 01-01 and 01-02. Although Plaintiffs argued that the Town was collaterally estopped from relying on these ordnances, the chancellor ruled otherwise. Specifically, the chancellor held that Ordinances 01-01 and 01-02 were not at issue in the Municipal Court proceedings and because the issues raised in that proceeding were not identical to those raised in the prior court proceedings, collateral estoppel did not apply. Further, the chancellor ruled that the Town had lawfully annexed the properties in November 2001 pursuant to Ordinances 01-01 and 01-02. However, the chancellor also ruled that the Town was equitably estopped from collecting delinquent taxes owed prior to 2022. This appeal followed. We have determined that the Municipal Court lacked subject matter jurisdiction to determine whether the Town had lawfully annexed Plaintiffs’ properties; therefore, the judgment of the Municipal Court is a null and void judgment that may not constitute a basis for collateral estoppel. For this and other reasons, we affirm the chancellor’s decision to deny Plaintiffs’ Petition for Injunctive Relief. However, we reverse the chancellor’s ruling that the Town is equitably estopped from collecting delinquent property taxes from Plaintiffs.

Mantis Funding LLC v. Buy Wholesale Inc. Et Al.
M2022-00204-COA-R3-CV
Authoring Judge: Judge Andy D. Bennett
Trial Court Judge: Judge Thomas W. Brothers

Plaintiff filed a petition to have a New York confession of judgment enrolled as a judgment in Tennessee. Defendant claimed the Tennessee circuit court had no jurisdiction because the confession of judgment was not permitted by Tennessee law, violated Tennessee public policy, and was fraudulent and usurious. The trial court enrolled the judgment. Defendant appealed. We affirm.

In Re Lorelai E.
M2022-00173-COA-R3-PT
Authoring Judge: Judge John W. McClarty
Trial Court Judge: Judge Michael Wayne Collins

Benjamin McCurry v. Agness McCurry
E2022-01708-COA-T10B-CV
Authoring Judge: Judge Arnold B. Goldin
Trial Court Judge: Judge Thomas J. Wright

The Appellant takes issue with the trial judge’s refusal to recuse himself from the litigation assigned to him pursuant to designation by the Chief Justice of the Supreme Court of Tennessee. Discerning no error, we affirm.

Timothy Charles Cooke v. Rita Moses Cooke
E2022-00049-COA-R3-CV
Authoring Judge: Judge Thomas R. Frierson, II
Trial Court Judge: Judge L. Marie Williams

This appeal involves an amended final decree of divorce entered by the Circuit Court of Hamilton County (“trial court”) on December 20, 2021. Following a bench trial, the trial court granted the parties a divorce pursuant to Tennessee Code Annotated § 36-4-129(b), divided the parties’ marital assets and liabilities, and awarded transitional alimony to the wife in the amount of $1,200.00 per month for two months. Both parties subsequently filed motions to alter or amend the court’s ruling. The trial court entered an amended final decree, incorporating by reference a memorandum opinion wherein the court altered the percentages awarded to each party of certain items of marital property in its marital property distribution. The wife timely appealed. Following review, we affirm the trial court’s determinations concerning valuation and classification of the parties’ assets. We vacate, however, the portion of the trial court’s amended decree wherein the court altered the percentages awarded to each party, and we remand this issue to the trial court for further findings, explanation, and determination. By reason of this unresolved issue concerning the trial court’s marital property distribution, we likewise vacate and remand the trial court’s determinations regarding alimony and attorney’s fees for reconsideration following the court’s equitable division of marital property. The trial court’s amended final decree is affirmed in all other respects. The parties’ respective requests for attorney’s fees on appeal are denied.

State of Tennessee v. Jeffrey Cochran
E2022-00600-CCA-R3-CD
Authoring Judge: Judge Robert H. Montgomery, Jr.
Trial Court Judge: Judge Andrew Mark Freiberg

The Defendant, Jeffrey Cochran, was convicted by a McMinn County Criminal Court jury of aggravated kidnapping, for which he is serving a nine-year sentence. See T.C.A. § 39- 13-304(a)(5) (2018). On appeal, he contends that (1) the trial court erred in denying, in part, his motion to suppress, (2) the trial court erred in denying his motion for a continuance, (3) the evidence is insufficient to support his conviction, and (4) his sentence is excessive. We affirm the judgment of the trial court.

State of Tennessee v. Mustafah Brummell
M2022-00383-CCA-R3-CD
Authoring Judge: Judge Camille R. McMullen
Trial Court Judge: Judge Angelita Blackshear Dalton

Rodger E. Broadway v. State of Tennessee
E2022-00489-CCA-R3-PC
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge Steven Wayne Sword

Rodger E. Broadway, Petitioner, sought relief from his 2003 convictions for first degree felony murder, especially aggravated robbery, and aggravated rape, which were the result of guilty pleas, claiming that trial counsel told him he could not file for post-conviction relief and that the trial court deprived him of his fundamental right to represent himself. The post-conviction court found that the petition was not timely filed and that Petitioner was not entitled to due process tolling and summarily dismissed the petition. After a thorough review of the record, we affirm.

William E. Blake, Jr. v. State of Tennessee
E2022-00125-CCA-R3-PC
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge Bob R. McGee

William E. Blake, Jr., Petitioner, claims that he is entitled to post-conviction relief because he received ineffective assistance of counsel and because the jurors in his trial were not impartial and were influenced by their fear of the victim’s family. Following a hearing on the merits, the trial court dismissed the Petition. Discerning no error, we affirm.

State of Tennessee v. Timothy Curtis Greenman
M2021-01061-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Forest A. Durard, Jr.

Muhammad Javed v. Bano Nasim Baig
M2022-00331-COA-R3-CV
Authoring Judge: Judge Carma Dennis McGee
Trial Court Judge: Judge Phillip R. Robinson

This is an appeal from a final order of absolute divorce. The trial court granted the divorce based on a finding that both parties committed inappropriate marital conduct. The wife appeals. We dismiss the appeal.