Werner Reichenberger v. Deniece Thomas, Commissioner, et al.
W2023-00441-COA-R3-CV
In this appeal, the petitioner sought judicial review of a decision made by the Department of Labor and Workforce Development denying his application for unemployment compensation benefits. The chancery court reversed the Department’s decision, concluding that it was arbitrary and capricious and an abuse of discretion. The Department appeals. We affirm and remand for further proceedings.
Authoring Judge: Judge Carma Dennis McGee
Originating Judge:Chancellor Michael Mansfield |
Haywood County | Court of Appeals | 05/01/24 | |
LaNorris O'Brien Chambers v. State of Tennessee
M2023-00929-CCA-R3-PC
The Petitioner, LaNorris O’Brien Chambers, appeals from the Rutherford County Circuit Court’s denial of his petition for post-conviction relief, wherein he challenged his convictions for two counts of robbery, two counts of fraudulent use of a credit card, and one count of aggravated assault. On appeal, the Petitioner argues trial counsel provided ineffective assistance in failing to challenge Count 5, in failing to request dismissal of Count 2 of the superseding indictment, in failing to explain Rule 404(b) and the effect of his prior convictions, in failing to challenge the sufficiency of the State’s notice of sentence enhancement, and in failing to review all discovery with him. We affirm the judgment of the post-conviction court.
Authoring Judge: Presiding Judge Camille R. McMullen
Originating Judge:Judge Barry R. Tidwell |
Rutherford County | Court of Criminal Appeals | 05/01/24 | |
Baldomero Galindo v. State of Tennessee
E2023-01107-CCA-R3-PC
Petitioner, Baldomero Galindo, appeals as of right from the Knox County Criminal Court’s
Authoring Judge: Judge Robert L. Holloway, Jr.
Originating Judge:Judge Hector Sanchez |
Knox County | Court of Criminal Appeals | 05/01/24 | |
State of Tennessee v. Phillip Jerome Locke
E2022-01676-CCA-R3-CD
A Knox County jury convicted the Defendant of first degree premeditated murder, felony
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Judge Steven Wayne Sword |
Knox County | Court of Criminal Appeals | 04/30/24 | |
Rhynuia L. Barnes v. State of Tennessee
M2023-01088-CCA-R3-PC
In 1990, a Shelby County jury convicted the Petitioner, Rhynuia L. Barnes, of premeditated first-degree murder, and the trial court sentenced him to an effective sentence of life in prison. The Petitioner unsuccessfully appealed his conviction. He then unsuccessfully filed a petition for post-conviction relief and three petitions for writ of error coram nobis, as well as a motion to exhume his father’s body and for fingerprint analysis. In 2023, the Petitioner filed his second post-conviction fingerprint analysis petition asking: (1) that the TBI enter the latent prints found on the murder weapon into an online fingerprint database; and (2) that the court order testing of his deceased father’s palm prints against the known palm print on the murder weapon. The post-conviction court summarily dismissed the petition, and the Petitioner appeals. After review, we affirm the post-conviction court’s judgment.
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Judge Steve Dozier |
Davidson County | Court of Criminal Appeals | 04/30/24 | |
Dominion Real Estate, LLC v. The Wise Group, Inc. et al.
M2023-00242-COA-R3-CV
Appellee Dominion Real Estate, LLC (“Dominion”) filed a malicious prosecution action against the Wise Group, Inc. (the “Wise Group”), the Lux Development Group, LLC (the “Lux Group”) (together with the Wise Group, “Wise and Lux”), and Alan Wise (together with Wise and Lux, “the Wise Defendants” or “Appellants”). The trial court dismissed Dominion’s case, and Dominion appealed. 1 In their brief, the Wise Defendants asked this Court to award frivolous appeal damages. Dominion subsequently moved to dismiss the appeal. Although this Court granted the motion to dismiss, it reserved the issue of frivolous appeal damages, which is the sole issue addressed herein. Because Dominion’s appeal had no reasonable chance of success, it was frivolous, and the Wise Defendants are entitled to damages. Accordingly, we grant the Wise Defendants’ motion and remand the case for calculation of the Wise Defendants’ reasonable attorney’s fees and expenses incurred in defending this appeal and for entry of judgment on same.
Authoring Judge: Judge Kenny Armstrong
Originating Judge:Judge Lynne T. Ingram |
Davidson County | Court of Appeals | 04/30/24 | |
Heritage Construction Group, LLC v. Karen Vest
M2023-00028-COA-R3-CV
A homebuilder sought to modify, correct, or vacate an arbitration award. It claimed the arbitrator exceeded his powers in failing to award attorney’s fees and penalties under its contract with the homeowner. The chancery court denied the requested relief and awarded the homeowner attorney’s fees for defending against the homebuilder’s motion. Discerning no error, we affirm.
Authoring Judge: Judge W. Neal McBrayer
Originating Judge:Judge Christopher V. Sockwell |
Maury County | Court of Appeals | 04/30/24 | |
Jennifer A. Seiber v. David S. Seiber
E2023-01344-COA-R3-CV
Because the order from which the appellant has filed an appeal does not constitute a final appealable judgment, this Court lacks jurisdiction to consider this appeal.
Authoring Judge: Per Curiam
Originating Judge:Senior Judge Thomas J. Wright |
Anderson County | Court of Appeals | 04/29/24 | |
Marcie Elizabeth Rasnick v. Jason Dean Rasnick
E2023-01561-COA-R3-CV
Because the order from which the appellant has filed an appeal does not constitute a final appealable judgment, this Court lacks jurisdiction to consider this appeal.
Authoring Judge: Per Curiam
Originating Judge:Chancellor John C. Rambo |
Carter County | Court of Appeals | 04/29/24 | |
Kevin Lawrence v. Kevin Genovese, Warden
W2023-00607-CCA-R3-HC
The Petitioner, Kevin Lawrence, appeals the Lake County Circuit Court’s dismissal of his petition for writ of habeas corpus. The Petitioner argues his judgment is void and illegal because his sentence does not reflect any parole eligibility. Based on our review, we affirm the habeas corpus court’s dismissal of the petition.
Authoring Judge: Judge Kyle A. Hixson
Originating Judge:Judge Mark L. Hayes |
Lake County | Court of Criminal Appeals | 04/29/24 | |
State of Tennessee v. Travis Scott Gilliam
E2023-00533-CCA-R3-CD
A Hawkins County jury convicted the Defendant, Travis Scott Gilliam, in three cases involving violations of the Sex Offender Registry, community supervision for life, and related offenses. In a fourth case, the Defendant pled guilty to the offense of aggravated assault and agreed to a six-year sentence running consecutively to the other cases. After a hearing, the trial court imposed partially consecutive sentences for a total effective sentence of fourteen years plus eleven months and twenty-nine days. In this appeal, the Defendant argues that the trial court erred in imposing consecutive sentences and that the judgments conflict with the trial court’s oral announcement. Upon our review, we dismiss the appeal in Case No. 22-CR-36 because this sentence was entered pursuant to a valid plea agreement and was the subject of a valid waiver of appeal. Regarding the other cases, we respectfully affirm the trial court’s judgments. We also remand these cases for entry of corrected judgments reflecting the alignment of the sentence as announced at the sentencing hearing.
Authoring Judge: Judge Tom Greenholtz
Originating Judge:Judge Alex E. Pearson |
Court of Criminal Appeals | 04/26/24 | ||
State of Tennessee v. Izaiha Gleaves
M2023-00175-CCA-R3-CD
The Appellant, Izaiha Gleaves, was convicted of second degree murder, attempted second degree murder, two counts of employment of a firearm during the commission of a dangerous felony, aggravated assault, and tampering with evidence. The trial court imposed an effective sentence of forty-nine years’ confinement. On appeal, the Appellant argues: (1) the evidence is insufficient to support his convictions; (2) the trial court erred when it failed to excuse a juror who had a conflict of interest; (3) the trial court erred when it admitted a redacted recording of a witness interview; (4) the trial court’s cumulative errors warrant reversal; and (5) the trial court erred when it imposed an effective sentence of forty-nine years.1 After review, we affirm the trial court’s judgments.
Authoring Judge: Presiding Judge Camille R. McMullen
Originating Judge:Judge Barry R. Tidwell |
Rutherford County | Court of Criminal Appeals | 04/26/24 | |
Brian Coblentz et al. v. Tractor Supply Company (Dissenting)
M2023-00249-COA-R3-CV
A sales representative for a product vendor was injured while in a Tractor Supply store performing his job. The sales representative received workers’ compensation benefits from his employer, a hardware product company, and then proceeded with a tort case against Tractor Supply. We agree with the trial court’s conclusion that Tractor Supply was the sales representative’s statutory employer within the meaning of Tenn. Code Ann. § 50-6- 113(a) and, therefore, his recovery from his employer was his exclusive remedy. Therefore, we affirm the trial court’s grant of summary judgment in favor of Tractor Supply.
Authoring Judge: Judge Jeffrey Usman
Originating Judge:Judge M. Wyatt Burk |
Lincoln County | Court of Appeals | 04/26/24 | |
Nehad S. Abdelnabi v. Steven Wayne Sword, Judge
E2023-00557-COA-R3-CV
The trial court granted Appellee’s motion to dismiss on the ground of judicial immunity. Discerning no error, we affirm.
Authoring Judge: Judge Kenny Armstrong
Originating Judge:Judge Deborah Stevens |
Knox County | Court of Appeals | 04/26/24 | |
Eric O. Carter v. Howard Gentry, et al.
M2023-01016-COA-R3-CV
This appeal concerns subject matter jurisdiction. Eric O. Carter (“Petitioner”) filed a petition for writ of mandamus in the Chancery Court for Davidson County (“the Trial Court”) against Howard Gentry (“Gentry”), Davidson County Criminal Court Clerk, 1 and Frank Strada (“Strada”), Commissioner of the Tennessee Department of Correction (“TDOC”), asking that the criminal judgment entered against him be expunged because it was not properly endorsed under the applicable rules and statutes. The Trial Court dismissed the petition for lack of subject matter jurisdiction. Petitioner appeals, arguing that he only wants a ministerial act performed and is not challenging his sentence. We find that Petitioner is in fact challenging his sentence, and the Trial Court lacks subject matter jurisdiction to hear that challenge. We, therefore, affirm the Trial Court.
Authoring Judge: Chief Judge D. Michael Swiney
Originating Judge:Chancellor Patricia Head Moskal |
Davidson County | Court of Appeals | 04/26/24 | |
Brian Coblentz et al. v. Tractor Supply Company
M2023-00249-COA-R3-CV
A sales representative for a product vendor was injured while in a Tractor Supply store performing his job. The sales representative received workers’ compensation benefits from his employer, a hardware product company, and then proceeded with a tort case against Tractor Supply. We agree with the trial court’s conclusion that Tractor Supply was the sales representative’s statutory employer within the meaning of Tenn. Code Ann. § 50-6- 113(a) and, therefore, his recovery from his employer was his exclusive remedy. Therefore, we affirm the trial court’s grant of summary judgment in favor of Tractor Supply.
Authoring Judge: Judge Andy D. Bennett
Originating Judge:Judge M. Wyatt Burk |
Lincoln County | Court of Appeals | 04/26/24 | |
Jerry Green v. Cynthia Panter, et al.
E2022-01447-COA-R3-CV
This is a partition in kind action. The three owners of 68 acres entered into a joint stipulation appointing three commissioners to partition the property into three separate parcels. Thereafter, the commissioners filed a written report with a survey that allocated 32.4 acres to the plaintiff Jerry Green, 17.8 acres to the defendant Robert Hale, and 18.1 acres to the defendant Cynthia Panter. After the defendants filed exceptions to the commissioners’ report, the parties agreed to have one of the commissioners testify to state the commissioners’ factual findings and reasoning. Pursuant to the parties’ agreement, Commissioner Bill Haisten testified in open court, explaining, in part, that more acreage was partitioned to the plaintiff because much of the parcel allocated to him is hilly and rocky and another large portion of the plaintiff’s parcel is encumbered by a TVA power line easement. Commissioner Haisten also testified that while the three partitioned parcels are not equal in area, they are equal in fair market value. Based upon these additional facts, the trial court concluded that the partitioning of the property by the commissioners should be confirmed. The defendants appeal, contending, inter alia, that without sufficient proof of either the value of the property partitioned or of the evaluations from which the commissioners derived their partition division, the trial court erred in confirming the commissioners’ report. We affirm.
Authoring Judge: Judge Frank G. Clement Jr.
Originating Judge:Chancellor Pamela Fleenor |
Hamilton County | Court of Appeals | 04/26/24 | |
David Carroll v. Todd Foster
E2024-00525-COA-T10B-CV
This is an interlocutory appeal as of right, pursuant to Tenn. Sup. Ct. R. 10B, filed jointly by David Carroll (“Plaintiff”) and Todd Foster (“Defendant”) (“Petitioners,” collectively), seeking to recuse the trial judge in this case. Having reviewed the petition for recusal appeal filed by Petitioners, and finding no reversible error, we affirm.
Authoring Judge: Judge D. Michael Swiney
Originating Judge:Judge Suzanne S. Cook |
Court of Appeals | 04/25/24 | ||
Robert William Del Vicario v. Pamela Joy Miller
M2024-00475-COA-T10B-CV
In a divorce action, the wife moved for recusal of the trial judge. The motion was denied and the wife appealed pursuant to Tenn. Sup. Ct. R. 10B. Because the wife waited too long to file her motion, we affirm the denial of the motion to recuse.
Authoring Judge: Judge Andy D. Bennett
Originating Judge:Judge A. Ensley Hagan, Jr. |
Wilson County | Court of Appeals | 04/25/24 | |
State of Tennessee v. Juanyai Walls
W2022-01379-CCA-R3-CD
A Shelby County jury convicted the Defendant, Juanyai Walls, of two counts of first degree
Authoring Judge: Judge Tom Greenholtz
Originating Judge:Judge Jennifer Johnson Mitchell |
Shelby County | Court of Criminal Appeals | 04/25/24 | |
Daryl Ray Baker v. State of Tennessee
E2023-01155-CCA-R3-PC
On January 10, 2017, Daryl Ray Baker, Petitioner, pleaded guilty to four counts of aggravated sexual battery, five counts of attempted rape of a child, and two counts of sexual battery by an authority figure. The trial court sentenced him to an effective sentence of nineteen years in confinement, and Petitioner did not file a direct appeal of his conviction or sentence. In April 2023, Petitioner filed a petition for post-conviction relief, requesting the post-conviction court to consider his delayed post-conviction petition. Therein, Petitioner argued that newly discovered evidence entitled him to relief and due process required tolling of the one-year statute of limitations for post-conviction relief. The post-conviction court dismissed the petition, and Petitioner now timely appeals. After review, we affirm the post-conviction court’s judgment.
Authoring Judge: Judge Matthew J. Wilson
Originating Judge:Judge G. Scott Green |
Knox County | Court of Criminal Appeals | 04/25/24 | |
State of Tennessee v. Warren J. Nostrom
E2023-00299-CCA-R3-CD
A Cumberland County jury found Defendant, Warren J. Nostrom, guilty of two counts of first degree premeditated murder. The trial court imposed concurrent life sentences. On appeal, Defendant argues that (1) the evidence was insufficient to support his convictions, and the trial court erred by (2) finding Defendant competent to stand trial and precluding an attorney from testifying as an expert at the competency hearing, (3) admitting Defendant’s pretrial statement to police, and (4) denying Defendant’s motion for a continuance. After review, we affirm the judgments of the trial court.
Authoring Judge: Judge Matthew J. Wilson
Originating Judge:Judge Gary McKenzie |
Cumberland County | Court of Criminal Appeals | 04/25/24 | |
In Re Neveah W.
M2023-00944-COA-R3-PT
In this case involving termination of the mother’s parental rights to her child, the trial court found that eight statutory grounds for termination had been proven by clear and convincing evidence. The trial court further found that clear and convincing evidence demonstrated that termination of the mother’s parental rights was in the child’s best interest. The mother has appealed.1 Having determined that the petitioner did not prove the statutory ground of abandonment through failure to visit the child prior to the mother’s incarceration by clear and convincing evidence, we reverse the trial court’s finding as to that ground. Additionally, because the trial court made insufficient findings of fact and conclusions of law concerning a separate statutory ground it termed, “abandonment by an incarcerated parent/wanton disregard,” we reverse the trial court’s determination as to that ground as well. We affirm the trial court’s judgment in all other respects, including the termination of the mother’s parental rights to the child.
Authoring Judge: Judge Thomas R. Frierson, II
Originating Judge:Judge Sheila D. J. Calloway |
Davidson County | Court of Appeals | 04/25/24 | |
State of Tennessee v. Shenessa L. Sokolosky
M2022-00873-CCA-R3-CD
The Defendant, Shenessa L. Sokolosky, appeals from the Smith County Criminal Court’s probation revocation of her two consecutive eleven-month, twenty-nine-day sentences for her guilty-pleaded misdemeanor convictions for drug possession and possession of drug paraphernalia. On appeal, the Defendant contends that the trial court abused its discretion by revoking her probation. We dismiss the Defendant’s appeal pursuant to the mootness doctrine.
Authoring Judge: Judge Robert H. Montgomery, Jr.
Originating Judge:Judge Brody Kane |
Smith County | Court of Criminal Appeals | 04/25/24 | |
State of Tennessee v. Tyrel J. Sidwell
E2022-01775-CCA-R3-CD
Tyrel J. Sidwell, Defendant, was charged in a presentment with nine counts related to the
Authoring Judge: Judge Timothy L. Easter
Originating Judge:Judge G. Scott Green |
Knox County | Court of Criminal Appeals | 04/25/24 |