State of Tennessee v. Antonio Turley
W2022-01810-CCA-R3-CD
A Shelby County jury convicted the Defendant, Antonio Turley, of attempted first degree murder, attempted first degree murder with serious bodily injury, and reckless endangerment with a dangerous weapon. The trial court imposed a total effective sentence of two consecutive life sentences without the possibility of parole. On appeal, the Defendant challenges the admission of certain evidence and the sufficiency of the evidence. He also alleges prosecutorial misconduct. After a thorough review of the record and applicable law, we affirm the trial court’s judgments.
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Judge Lee V. Coffee |
Shelby County | Court of Criminal Appeals | 03/19/24 | |
Carl Franklin Pendergrast v. State of Tennessee
M2023-00057-CCA-R3-PC
Petitioner, Carl Franklin Pendergrast, appeals the Bedford County Circuit Court’s denial of post-conviction relief from his guilty-pleaded convictions for four counts of sale of methamphetamine less than .5 grams, two counts of sale of hydrocodone, one count of sale of cocaine less than .5 grams, and one count of conspiracy to deliver methamphetamine less than .5 grams, for which he received a total effective sentence of twenty-six years’ incarceration. Petitioner contends that he is entitled to post-conviction relief because his guilty pleas were the product of coercion and, therefore, not voluntarily entered. Following a thorough review, we affirm the post-conviction court’s denial of relief.
Authoring Judge: Judge Robert L. Holloway, Jr.
Originating Judge:Judge Forest A. Durard, Jr. |
Bedford County | Court of Criminal Appeals | 03/19/24 | |
Nicholas D. Brooks v. State of Tennessee
W2023-00824-CCA-R3-PC
The Petitioner, Nicholas D. Brooks, appeals the Shelby County Criminal Court’s denial of his post-conviction petition, seeking relief from his convictions for two counts of first degree felony murder, one count of especially aggravated robbery, one count of aggravated burglary, and one count of employing a firearm during the commission of a dangerous felony. On appeal, the Petitioner contends that he received ineffective assistance of trial and appellate counsel. Based on our review, we affirm the judgment of the post-conviction court.
Authoring Judge: Judge John W. Campbell, Sr.
Originating Judge:Judge Chris Craft |
Shelby County | Court of Criminal Appeals | 03/19/24 | |
Patrick Marshall v. Brandon Watwood, Warden
W2023-01314-CCA-R3-HC
The Petitioner, Patrick Marshall, appeals the Lake County Circuit Court’s summary dismissal of his petition for writ of habeas corpus relief. Based on our review, we affirm the summary dismissal of the petition.
Authoring Judge: Judge Kyle A. Hixson
Originating Judge:Judge Mark L. Hayes |
Lake County | Court of Criminal Appeals | 03/19/24 | |
Haren Construction Company, Inc. v. Olen Ford
E2023-00503-COA-R3-CV
The Chancery Court for Knox County (the “Trial Court”) granted the motion for partial summary judgment filed by Haren Construction Company, Inc. (“Plaintiff”), concluding that Olen Ford d/b/a Olen Ford Masonry and Construction (“Defendant”) had breached his contract with Plaintiff. The Trial Court awarded a judgment to Plaintiff against Defendant in the amount of $64,971.40. Defendant has appealed. Discerning no reversible error, we affirm the Trial Court’s judgment.
Authoring Judge: Judge D. Michael Swiney
Originating Judge:Chancellor Richard B. Armstrong |
Knox County | Court of Appeals | 03/19/24 | |
J.E.T., Inc., d/b/a UPS Store v. Ron Hasty
M2023-00253-COA-R3-CV
A tenant sued its landlord for allegedly breaching the parties’ lease agreement. The tenant,
Authoring Judge: Judge Jeffrey Usman
Originating Judge:Judge Lynne T. Ingram |
Davidson County | Court of Appeals | 03/18/24 | |
Kyuhwan Hwang v. Sania Holt ET AL.
W2023-00627-COA-R3-CV
The trial court dismissed Appellant’s lawsuit for failure to comply with discovery. Tenn.
Authoring Judge: Judge Arnold B. Goldin
Originating Judge:Judge Rhynette Hurd |
Shelby County | Court of Appeals | 03/15/24 | |
Jeffrey Judkins v. State of Tennessee
M2023-00296-CCA-R3-PC
Petitioner, Jeffrey Allen Judkins, appeals the denial of his post-conviction petition, arguing that the post-conviction court erred in finding that he received the effective assistance of counsel at trial. Following our review of the entire record and the briefs of the parties, we affirm the judgment of the post-conviction court.
Authoring Judge: Judge Jill Bartee Ayers
Originating Judge:Judge Christopher V. Sockwell |
Lawrence County | Court of Criminal Appeals | 03/15/24 | |
Driftwood Estates Property Owners Association Inc. Et Al. v. John Sweeney Et Al.
E2023-00463-COA-R3-CV
This case concerns whether a parcel of real property is subject to certain restrictions contained in a previously recorded declaration of restrictive covenants. In the proceedings below, the trial court dismissed a homeowner’s association’s lawsuit which sought to enforce the declaration’s architectural review restrictions against the owners of the property. Upon review, we determine that the declaration did not expressly include the property at issue, nor was the property validly made subject to the restrictions within the declaration. Additionally, we reject the homeowner’s association’s arguments that the property was restricted to the terms of the declaration by way of an implied negative reciprocal easement or by waiver. Accordingly, we affirm the trial court’s dismissal.
Authoring Judge: Judge Arnold B. Goldin
Originating Judge:Judge David R. Duggan |
Blount County | Court of Appeals | 03/14/24 | |
Edward Ronny Arnold v. Deborah Malchow, et al.
M2024-00314-COA-T10B-CV
Appellant filed this accelerated interlocutory appeal under Rule 10B of the Rules of the Supreme Court of Tennessee. Because the trial court has not entered an order on Appellant’s motion for recusal, there is no order for this Court to review. Appeal dismissed.
Authoring Judge: Judge Kenny Armstrong
Originating Judge:Judge Amanda J. McClendon |
Davidson County | Court of Appeals | 03/13/24 | |
State of Tennessee v. Michael Robert Quinn
E2022-01661-CCA-R3-CD
Michael Robert Quinn (“Defendant”) appeals from his Knox County Criminal Court
Authoring Judge: Judge Robert L. Holloway, Jr.
Originating Judge:Judge Steven Wayne Sword |
Knox County | Court of Criminal Appeals | 03/13/24 | |
State of Tennessee v. Christopher Joseph Riley
M2022-01529-CCA-R3-CD
Defendant, Christopher Joseph Riley, was convicted by a jury of felony murder by aggravated child abuse (count one), felony murder by aggravated child neglect (count two), two counts of aggravated child abuse (counts three and five), reckless endangerment (count four), aggravated child neglect (count six), and two counts of child abuse (counts seven and eight). Defendant was sentenced to a total effective sentence of life imprisonment plus forty-eight years. On appeal, Defendant claims the trial court erred in failing to require the State to make an election of offenses at the close of the proof, and that the trial court improperly imposed consecutive sentences. Following our review of the record, the briefs of the parties, and the applicable law, we affirm the judgments of the trial court.
Authoring Judge: Judge Jill Bartee Ayers
Originating Judge:Judge Angelita Blackshear Dalton |
Davidson County | Court of Criminal Appeals | 03/13/24 | |
State of Tennessee v. James Kevin Pardue
M2023-00227-CCA-R3-CD
James Kevin Pardue, Defendant, was charged via presentment with one count of theft of property valued at $10,000 or more but less than $60,000, and one count of home improvement fraud. After a bench trial, Defendant was found guilty of the lesser included offense of misdemeanor theft in count 1 and home improvement fraud in count 2. Defendant was sentenced to an effective sentence of six years on probation and ordered to pay $50,000 in restitution at the rate of $600 per month as a condition of his probation. Defendant appealed, arguing that the evidence was insufficient to sustain the conviction for home improvement fraud. Defendant does not challenge his conviction for misdemeanor theft. After a review of the record and the parties’ arguments, we agree with Defendant that the evidence is insufficient to support the conviction for home improvement fraud. As a result, Defendant’s conviction for home improvement fraud is reversed and the matter is remanded to the trial court for any further proceedings which may be necessary.
Authoring Judge: Judge Timothy L. Easter
Originating Judge:Judge Suzanne Lockert-Mash |
Dickson County | Court of Criminal Appeals | 03/12/24 | |
In Re Nickolas K. et al.
M2023-00951-COA-R3-PT
The trial court terminated the parental rights of Mother and Father based on the finding of multiple grounds and that termination was in the children’s best interests. The trial court’s finding of a failure to manifest an ability and willingness to assume custody of the children is vacated for lack of sufficient findings of fact. We affirm the remainder of the trial court’s order, including both the finding of four grounds of termination against each parent and the finding that termination is in the children’s best interests.
Authoring Judge: Presiding Judge J. Steven Stafford
Originating Judge:Judge Branden Bellar |
Smith County | Court of Appeals | 03/12/24 | |
In Re Kaitlyn D.
M2023-00658-COA-R3-PT
Mother appeals the termination of her parental rights to one of her children. The trial court found seven grounds for termination: abandonment by failure to support; persistent conditions; severe child abuse; imprisonment for more than two years; failure to visit; failure to manifest an ability or willingness to assume custody; and a risk of substantial harm. The trial court also determined that termination was in the child’s best interest and terminated Mother’s parental rights. Mother raises procedural and substantive challenges to the trial court’s best interest determination but does not challenge the grounds for termination. Conducting a Carrington review, we conclude the trial court erred in finding some of the aforementioned grounds for termination. Nevertheless, because clear and convincing evidence supports at least one of termination grounds and the conclusion that termination is in the child’s best interest, we affirm the trial court’s termination of Mother’s parental rights.
Authoring Judge: Judge Jeffrey Usman
Originating Judge:Judge Philip E. Smith |
Davidson County | Court of Appeals | 03/11/24 | |
Jose Marcus Perrusquia v. Floyd Bonner, Jr. ET AL.
W2023-00293-COA-R3-CV
This case involves a petition for judicial review filed pursuant to the Tennessee Public
Authoring Judge: Judge Carma Dennis McGee
Originating Judge:Chancellor JoeDae L. Jenkins |
Shelby County | Court of Appeals | 03/11/24 | |
State of Tennessee v. Joshua Moore
W2023-00926-CCA-R3-CD
The Defendant, Joshua Moore, was convicted of first degree premeditated murder. On
Authoring Judge: Judge Kyle A. Hixson
Originating Judge:Judge James Jones, Jr. |
Shelby County | Court of Criminal Appeals | 03/08/24 | |
Katelyn Taylor v. State of Tennessee
W2022-01739-CCA-R3-PC
Petitioner, Katelyn Taylor, pleaded guilty to two counts of first degree murder in exchange for concurrent sentences of life imprisonment. Petitioner then filed a pro se petition for post-conviction relief claiming ineffective assistance of counsel, and that her guilty pleas were not knowingly and voluntarily. After appointing counsel and holding an evidentiary hearing, the post-conviction court denied the petition, which Petitioner appealed. After review, we conclude that Petitioner failed to prepare a sufficient brief in compliance with Tennessee Rule of Appellate Procedure 27(a)(7) and Tennessee Court of Criminal Appeals Rule 10(b), therefore, her issues are waived. Additionally, after our review of the record, we conclude Petitioner’s claims are without merit. Accordingly, we affirm the judgment of the post-conviction court.
Authoring Judge: Judge Matthew J. Wilson
Originating Judge:Judge J. Brent Bradberry |
Benton County | Court of Criminal Appeals | 03/08/24 | |
Carter O'Neal Logistics, et al. v. Evans Petree, PC, et al.
W2024-00048-COA-T10B-CV
This is an accelerated interlocutory appeal as of right under Tennessee Supreme Court Rule
Authoring Judge: Judge Jeffrey Usman
Originating Judge:Judge Valerie L. Smith |
Shelby County | Court of Appeals | 03/08/24 | |
Robin L. Duffer v. Marc N. Duffer
M2021-00923-COA-R3-CV
After seven years of marriage, a wife filed a complaint for divorce against her husband. The primary issues before the trial court pertained to the classification of the marital residence and custody of the parties’ child. After a hearing on those issues, the trial court determined that the marital residence had once been the husband’s separate property but had transmuted into marital property. The court then ordered the property sold and the proceeds distributed equally between the parties. Regarding custody, the court designated the wife as primary residential parent and severely restricted the husband’s parenting time. Discerning that the trial court erred in its valuation of the marital residence, we modify the court’s order to reflect the amount submitted by the husband. We affirm the trial court in all other respects.
Authoring Judge: Judge Andy D. Bennett
Originating Judge:Judge Bonita J. Atwood |
Rutherford County | Court of Appeals | 03/08/24 | |
Kisha Dean Trezevant v. Stanley H. Trezevant, III
W2023-00682-COA-R3-CV
In this post-divorce case, Husband/Appellant appeals the trial court’s order holding him in
Authoring Judge: Judge Kenny Armstrong
Originating Judge:Judge Mary L. Wagner |
Shelby County | Court of Appeals | 03/07/24 | |
Crystal N. Howard Elser v. Curtis M. Elser
E2023-00628-COA-R3-CV
A husband challenges the issuance of an order of protection prohibiting him from contacting his wife. Finding that the evidence supports the issuance of an order of protection and that the husband has waived any objection to improper venue, we affirm.
Authoring Judge: Judge Andy D. Bennett
Originating Judge:Judge Jace Cochran |
Rhea County | Court of Appeals | 03/07/24 | |
Tricap Cross Creek Associates LLC v. Gabriel Corzo Et Al.
E2023-00635-COA-R3-CV
This appeal concerns a landlord/tenant dispute. Tricap Cross Creek Associates, LLC (“Plaintiff”), the landlord, filed a detainer action against Gabriel Corzo (“Defendant”), the tenant, in the General Sessions Court for Hamilton County. Judgment was entered for Plaintiff. Defendant appealed to the Circuit Court for Hamilton County (“the Trial Court”). Plaintiff filed a motion for summary judgment, which the Trial Court granted. Defendant appeals, arguing that genuine issues of material fact exist. Plaintiff asks, pursuant to the lease, for an award of attorney’s fees and costs incurred on appeal. As Defendant never responded to Plaintiff’s statement of undisputed material facts, he failed to show a genuine issue of material fact existed. We affirm. On remand, the Trial Court is to determine and award to Plaintiff its reasonable attorney’s fees and costs incurred on appeal.
Authoring Judge: Judge D. Michael Swiney
Originating Judge:Judge Kyle E. Hedrick |
Hamilton County | Court of Appeals | 03/07/24 | |
Stacy Jacobson v. Tennessee Department of Children's Services
M2022-01610-COA-R3-CV
This appeal arises from a Tennessee Public Records Act (“TPRA”) petition to access a Tennessee Department of Children’s Services (“DCS”) case file regarding its investigation into the fatality of a fourteen-year-old boy. The petition also sought disclosure of the investigation into the child’s death, as well as four prior investigations related to the same child, pursuant to Tennessee Code Annotated § 37-5-107. Prior to the filing of the petition, the petitioner, Stacy Jacobson (“Ms. Jacobson”), submitted a written request to obtain the unredacted version of the deceased child’s case file, along with the records from four prior DCS investigations related to the child. DCS denied the requests, citing several legal bases, including Tennessee Code Annotated § 37-5-124, Tennessee Code Annotated §§ 37-1-409 and 612, Tennessee Code Annotated § 37-5-107, Tennessee Rule of Criminal Procedure 16 (“Rule 16”), and the 2013 Davidson County Chancery Court order requiring that DCS redact all such records to eliminate information made confidential under state law. Thereafter, Ms. Jacobson filed a petition in the Chancery Court of Davidson County to obtain access to the unredacted public records, the four related investigative files, and for her attorney’s fees and costs. The trial court denied the petition, finding that, under “the state law exception” to the TPRA, which encompasses Rule 16, the redacted portions of the case file and the four related investigative files are exempt from disclosure because they are relevant to an ongoing criminal prosecution of the deceased child’s family members who are alleged to be responsible for his abuse and death. Ms. Jacobson subsequently filed a motion to alter or amend judgment, arguing that the trial court had failed to consider whether the DCS records from the prior investigations involving the deceased child were part of the child’s “full case file.” The trial court denied the motion, finding that a ruling on this issue would constitute an advisory opinion. Ms. Jacobson appeals the trial court’s denial of her requests. For the reasons explained below, we vacate the judgment of the trial court and remand for further proceedings.
Authoring Judge: Presiding Judge Frank G. Clement, Jr.
Originating Judge:Chancellor Patricia Head Moskal |
Davidson County | Court of Appeals | 03/07/24 | |
State of Tennessee v. Kirk D. Farmer
M2023-00522-CCA-R3-CD
After a Dickson County jury trial, Defendant, Kirk D. Farmer, was convicted of vandalism of $2,500 or more but less than $10,000 and disorderly conduct. The trial court sentenced him to an effective term of three years in the Tennessee Department of Correction. On appeal, Defendant argues the evidence produced at trial was insufficient to sustain his vandalism conviction. After review, we affirm the judgments of the trial court.
Authoring Judge: Judge Matthew J. Wilson
Originating Judge:Judge David D. Wolfe |
Dickson County | Court of Criminal Appeals | 03/07/24 |