In Re Isaiah M.
E2024-00616-COA-R3-PT
Because no final order has been entered in the underlying trial court proceedings, this Court lacks jurisdiction to consider this appeal.
Authoring Judge: Per Curiam
Originating Judge:Judge Suzanne Cook |
Washington County | Court of Appeals | 05/30/24 | |
Aloha Pools & Spas of Jackson, LLC v. Khaled Eleiwa a/k/a Kevin Eleiwa
W2023-00941-COA-R3-CV
This appeal arises from a dispute over the construction of a swimming pool. The defendant entered into a written contract with the plaintiff for the construction of a pool at the defendant’s home. The plaintiff later filed a complaint alleging that the defendant failed to pay the amount due under the contract. The defendant filed a counter-complaint and alleged breach of contract, fraud and/or misrepresentation, and violations of the Tennessee Consumer Protection Act. After a bench trial, the trial court found in favor of the plaintiff. The defendant subsequently filed a motion for relief from the judgment, which the trial court denied. The defendant appeals. We affirm the trial court’s decision and remand for determination of appellate attorney’s fees.
Authoring Judge: Judge Carma Dennis McGee
Originating Judge:Judge Joseph T. Howell |
Madison County | Court of Appeals | 05/30/24 | |
Gary Lee Emory v. State of Tennessee
E2023-01167-CCA-R3-PC
The petitioner, Gary Lee Emory, appeals the denial of his petition for post-conviction
Authoring Judge: Judge James Curwood Witt, Jr.
Originating Judge:Judge Steven Wayne Sword |
Knox County | Court of Criminal Appeals | 05/30/24 | |
State of Tennessee v. Kireek Kaseem Steele
M2023-00695-CCA-R3-CD
A Montgomery County jury convicted the defendant, Kireek Kaseem Steele, of rape, sexual battery, rape of a child, and two counts of aggravated sexual battery for which he received an effective sentence of thirty years’ incarceration. On appeal, the defendant challenges the sufficiency of the convicting evidence on all five counts. After review, we affirm the judgments of the trial court.
Authoring Judge: Judge J. Ross Dyer
Originating Judge:Judge William R. Goodman, III |
Montgomery County | Court of Criminal Appeals | 05/30/24 | |
In Re Estate of Peggy Jean Semanek
M2023-01644-COA-R3-CV
This appeal concerns the trial court’s determination that Tennessee law does not require a testator to sign their will prior to an attesting witness subscribing their signature as a witness to the will. Upon review of the relevant statutory language and associated case law, we conclude that Tennessee law requires that a testator sign their will prior to an attesting witness subscribing their own signature, and therefore, we reverse the judgment of the trial court.
Authoring Judge: Judge Arnold B. Goldin
Originating Judge:Judge Russell Parkes |
Giles County | Court of Appeals | 05/30/24 | |
George E. Gamble, III v. Patricia D. Morris
E2024-00683-COA-R3-CV
Because the order from which the appellant has filed an appeal does not constitute a final appealable judgment,
Authoring Judge: Per Curiam
Originating Judge:Chancellor Jerri Bryant |
Bradley County | Court of Appeals | 05/30/24 | |
Vincent Stormes v. FF Property Holdings, LLC
E2023-01430-COA-R3-CV
This is a breach of contract action involving the sale of real property in which the plaintiff seller alleged that the defendant buyer withdrew from the sale in violation of the terms of the contract. The trial court granted summary judgment in favor of the plaintiff. We affirm.
Authoring Judge: Judge John McClarty
Originating Judge:Chancellor James H. Ripley |
Sevier County | Court of Appeals | 05/30/24 | |
Carlos Key v. State of Tennessee
W2023-01037-CCA-R3-PC
The Petitioner, Carlos Key, appeals the Shelby County Criminal Court’s dismissal of his post-conviction petition, seeking relief from his convictions of first degree premeditated murder and two counts of attempted first degree premeditated murder and resulting effective sentence of life plus fifty years. On appeal, the Petitioner contends that the post conviction court erred by summarily dismissing his petition. Based upon the oral arguments, the record, and the parties’ briefs, we affirm the judgment of the post conviction court.
Authoring Judge: Judge John W. Campbell, Sr.
Originating Judge:Judge Carlyn L. Addison |
Shelby County | Court of Criminal Appeals | 05/30/24 | |
In Re Treylynn T., et al.
W2023-00752-COA-R3-PT
This appeal concerns the termination of a mother’s parental rights. Amanda L. W. (“Foster Mother”) and Brian L. W. (“Foster Father”) (“Foster Parents,” collectively) filed a petition in the Chancery Court for Madison County (“the Trial Court”) seeking to terminate the parental rights of Angel T. (“Mother”) and Fortrell C. (“Father”) to their minor children Treylynn T. and Amelia C. (“the Children,” collectively). The Tennessee Department of Children’s Services (“DCS”), the Children’s legal custodian, supported the petition. This matter arose after Amelia received a suspicious head injury while in Father’s care. Mother never accepted that Father was responsible despite Father’s ensuing nolo contendere plea to attempted aggravated child abuse. After a hearing, the Trial Court terminated Mother’s parental rights on three grounds. The Trial Court found further that termination of Mother’s parental rights is in the Children’s best interest. Mother appeals, arguing only that the Trial Court erred in its best interest determination. We find, as did the Trial Court, that the grounds of substantial noncompliance with the permanency plan, persistent conditions, and failure to manifest an ability and willingness to assume custody were proven against Mother by clear and convincing evidence. We further find by clear and convincing evidence, as did the Trial Court, that termination of Mother’s parental rights is in the Children’s best interest. We affirm.
Authoring Judge: Chief Judge D. Michael Swiney
Originating Judge:Chancellor Steven W. Maroney |
Madison County | Court of Appeals | 05/30/24 | |
Janice Farmer v. Wal-Mart Stores East, LP
W2023-00468-COA-R3-CV
Appellant filed this premises liability action against Appellee after she fell inside Appellee’s store. The trial court granted Appellee’s motion for summary judgment, finding that Appellant failed to establish that a dangerous condition existed or that Appellee had actual or constructive knowledge of a dangerous condition, if it did exist. Discerning no error, we affirm.
Authoring Judge: Judge Kenny Armstrong
Originating Judge:Judge A. Blake Neill |
Lauderdale County | Court of Appeals | 05/29/24 | |
State of Tennessee v. Demetrius A. Brooks
M2023-01135-CCA-R3-CD
The defendant, Demetrius A. Brooks, appeals the Davidson County Criminal Court’s order revoking his probation and ordering him to serve the balance of his eight-year sentence for his guilty-pleaded convictions of selling .5 grams or more of cocaine in confinement. Discerning no error, we affirm.
Authoring Judge: Judge James Curwood Witt, Jr.
Originating Judge:Judge Jennifer Smith |
Davidson County | Court of Criminal Appeals | 05/28/24 | |
Sarah Elizabeth Woodruff ex rel. Ethan Woodruff et al. v. Ford Motor Company et al.
E2023-00488-COA-R3-CV
After a tragic motor vehicle accident caused her husband’s death and her minor child’s serious injuries, the plaintiff filed this products liability action against several manufacturers and sellers. The plaintiff appeals from the trial court’s order granting summary judgment in favor of Dorel Juvenile Group, Inc., a booster seat manufacturer. Based on the Tennessee Supreme Court’s majority opinion in Carolyn Coffman, et al. v. Armstrong International, Inc., et al., 615 S.W.3d 888 (Tenn. 2021), and the relevant provisions of the Tennessee Products Liability Act, we affirm the trial court.
Authoring Judge: Judge John McClarty
Originating Judge:Judge William T. Ailor |
Knox County | Court of Appeals | 05/28/24 | |
John Doe Corp. v. Kennerly, Montgomery & Finley, P.C.
E2023-00236-COA-R3-CV
This is a legal malpractice suit filed by John Doe Corporation (“Plaintiff”) against its former counsel, Kennerly, Montgomery & Finley, P.C. (“Defendant”). The case arises from the expiration of a judgment obtained by Plaintiff against a defendant (“the third party”) in a suit that concluded more than a decade ago, and
Authoring Judge: Judge D. Michael Swiney
Originating Judge:Judge Christopher D. Heagerty |
Knox County | Court of Appeals | 05/28/24 | |
In Re Aubrianna O.
E2023-00842-COA-R3-PT
In this case involving termination of the mother’s parental rights to her child, the trial court found that three
Authoring Judge: Judge Thomas R. Frierson, II
Originating Judge:Judge Carter S. Moore |
Sevier County | Court of Appeals | 05/28/24 | |
State of Tennessee v. Jarvis Miller
W2023-01128-CCA-R3-CD
The Defendant, Jarvis Miller, appeals his twenty-five-year sentence at 100 percent in the Tennessee Department of Correction (“TDOC”) for his second degree murder conviction. Specifically, he challenges the length and manner of his sentence as excessive because the trial court (1) failed to mitigate the Defendant’s sentence based on “mistakenly recollected” facts from trial; (2) misapplied and gave improper weight to two enhancement factors; and (3) failed to give meaningful consideration to imposing an alternative sentence. After review, we affirm.
Authoring Judge: Judge Kyle A. Hixson
Originating Judge:Judge Lee V. Coffee |
Shelby County | Court of Criminal Appeals | 05/24/24 | |
State of Tennessee v. Willis Holloway
W2023-00787-CCA-R3-CD
A Shelby County jury convicted the Defendant, Willis Holloway, of two counts of aggravated robbery, two counts of aggravated kidnapping, and one count of aggravated burglary, and the trial court sentenced him to 135 years in the Tennessee Department of Correction. After an unsuccessful appeal, post-conviction filing, and extraordinary relief filing, in December 2022, the Defendant filed a Rule 36.1 motion challenging an unconstitutional jury instruction. He then filed a supplemental motion claiming “actual innocence.” The trial court denied his Rule 36.1 motion. The Defendant filed a motion to reconsider, which the trial court denied, and the Petitioner now appeals. The State asserts that, pursuant to Tennessee Rule of Appellate Procedure 4(a), the appeal is untimely. After review, we dismiss the appeal as untimely.
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Judge Lee V. Coffee |
Shelby County | Court of Criminal Appeals | 05/24/24 | |
State of Tennessee v. Rickie Lumley
W2023-00622-CCA-R3-CD
After a 2022 bench trial, the trial court convicted the Defendant, Rickie Lumley, of felony evading arrest, and subsequently sentenced him as a Career Offender to twelve years of incarceration. On appeal, the Defendant contends that the evidence is insufficient to support his Class D felony conviction for felony evading arrest because his flight did not create a risk of death or injury to innocent bystanders or other third parties. He contends that his conviction should have only been for a Class E felony. After review, we affirm the trial court’s judgment.
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Judge Mark L. Hayes |
Dyer County | Court of Criminal Appeals | 05/24/24 | |
State of Tennessee v. Gardtrella Marie Day-Knowles
M2023-00644-CCA-R3-CD
The Appellant, Gardtrella Marie Day-Knowles, was convicted by a Davidson County jury of neglect of an impaired adult, for which she received a sentence of seven years’ supervised probation. See Tenn. Code Ann. § 71-6-117 (2017) (amended 2019, repealed 2020). On appeal, the Appellant argues that the trial court erred by: (1) allowing witnesses to describe conditions of animal neglect in her home; (2) refusing to redact an unfairly prejudicial comment from the victim’s medical records; and (3) allowing a witness to testify about her memory of the contents of a report under the public records hearsay exception. After review, we conclude there was no reversible error and affirm the judgment of the trial court.
Authoring Judge: Presiding Judge Camille R. McMullen
Originating Judge:Judge Jennifer Smith |
Davidson County | Court of Criminal Appeals | 05/24/24 | |
Brandon Marquell Brown v. State of Tennessee
M2023-01194-CCA-R3-PC
The Petitioner, Brandon Marquell Brown, appeals the Robertson County Circuit Court’s denial of his petition for post-conviction relief, challenging his guilty-pleaded convictions for two counts of coercion of a witness and one count of aggravated assault. The Petitioner argues that the post-conviction court erred in denying his petition for post-conviction relief. Specifically, the Petitioner alleges that (1) his guilty pleas were not knowing, intelligent, and voluntary and (2) trial counsel was ineffective for failing to investigate and prepare the Petitioner’s cases by interviewing pertinent witnesses and for failing to meet with the Petitioner and review discovery with him. Following our review, we affirm the judgment of the post-conviction court.
Authoring Judge: Judge Kyle A. Hixson
Originating Judge:Judge Robert T. Bateman |
Robertson County | Court of Criminal Appeals | 05/24/24 | |
Andre Terry v. State of Tennessee
E2023-00684-CCA-R3-PC
Petitioner, Andre Terry, appeals the Knox County Criminal Court’s denial of his petition
Authoring Judge: Judge Timothy L. Easter
Originating Judge:Judge Hector Sanchez |
Knox County | Court of Criminal Appeals | 05/24/24 | |
State of Tennessee v. Keedrin Coppage
W2023-00205-CCA-R3-CD
Defendant, Keedrin Coppage, was convicted by a Shelby County jury of first degree premeditated murder and tampering with evidence. The trial court imposed a life sentence for count one, and a consecutive sentence of six years for count two. Defendant raises twelve issues on appeal: (1) sufficiency of the evidence to support his first degree premeditated murder conviction; (2) admission of the Defendant’s prior bad acts against the victim under Tennessee Rule of Evidence 404(b); (3) admission of the victim’s statements under Tennessee Rule of Evidence 804(b)(6); (4) denial of his motion for a continuance of the trial date; (5) denial of his motion to admit recordings and photographs; (6) exclusion of portions of body camera footage; (7) denial of Defendant’s motion for mistrial; (8) exclusion of the victim’s family’s civil law suit; (9) allowing the jury to use transcripts of audio recordings; (10) not allowing defense counsel to question an officer regarding explicit recordings sent to him by Defendant; (11) not allowing defense counsel to question whether Defendant was charged for the prior bad acts admitted under Tennessee Rule of Evidence 404(b); and (12) that he is entitled to relief under the cumulative error doctrine. After a thorough review of the entire record, the briefs, oral arguments of the parties, and the applicable law, we affirm the judgments of the trial court.
Authoring Judge: Judge Jill Bartee Ayers
Originating Judge:Judge James M. Lammey |
Shelby County | Court of Criminal Appeals | 05/23/24 | |
In Re Rayden R. et al.
M2024-00618-COA-R3-PT
A mother appeals the termination of her parental rights. Because the mother did not file her notice of appeal within thirty days after entry of the final judgment as required by Tennessee Rule of Appellate Procedure 4(a), we dismiss the appeal.
Authoring Judge: PER CURIAM
Originating Judge:Judge Sharon Guffee |
Williamson County | Court of Appeals | 05/23/24 | |
State of Tennessee v. Renardo Dixon
W2023-00823-CCA-R3-CD
The Defendant, Renardo Dixon, pled guilty in the Shelby County Criminal Court to aggravated assault and kidnapping, both Class C felonies, in exchange for concurrent sentences of eight years at 30% release eligibility, with the service left to the trial court’s determination. At the conclusion of the sentencing hearing, the trial court denied the Defendant’s request for probation and ordered that he serve his sentences in the Tennessee Department of Correction consecutively to his sentence in a prior case in which his probation had been violated. On appeal, the Defendant argues that the trial court erred by denying his request for probation. Based on our review, we affirm the judgments of the trial court.
Authoring Judge: Judge John W. Campbell, Sr.
Originating Judge:Judge Paula L. Skahan |
Shelby County | Court of Criminal Appeals | 05/23/24 | |
State of Tennessee v. Deondre Raymon McClain
M2023-00761-CCA-R3-CD
The Defendant, Deondre Raymon McClain, appeals the trial court’s revocation of his effective six-year probationary sentence stemming from his guilty-pleaded convictions for unlawful possession of a weapon by a convicted felon and possession of a Schedule VI controlled substance with the intent to sell. On appeal, he argues that the trial court’s findings were insufficient to support its decision to fully revoke his probation and order him to serve the remainder of his sentence in confinement. Following our review, we affirm the judgment of the trial court.
Authoring Judge: Judge Kyle A. Hixson
Originating Judge:Judge J. Russell Parkes |
Maury County | Court of Criminal Appeals | 05/23/24 | |
Orson E. Steward v. Regent Homes, LLC et al.
M2023-01059-COA-R3-CV
This is an appeal by a pro se appellant. Due to the deficiencies in the appellant’s brief on appeal, we conclude that he waived consideration of any issues on appeal and hereby dismiss the appeal.
Authoring Judge: Judge Carma Dennis McGee
Originating Judge:Judge Lynne T. Ingram |
Davidson County | Court of Appeals | 05/23/24 |