In Re Dakari M.
M2022-00365-COA-R3-PT
A mother and a father appeal the termination of their parental rights. The juvenile court found clear and convincing evidence of four statutory grounds for termination of the mother’s parental rights and five statutory grounds for termination of the father’s parental rights. The court also determined termination was in the child’s best interest. After a thorough review, we vacate and remand for further proceedings.
Authoring Judge: Judge W. Neal McBrayer
Originating Judge:Judge Sheila D. J. Calloway |
Davidson County | Court of Appeals | 03/26/24 | |
Patrick M. Malone v. James William Rose, et al
M2023-01453-COA-WR-CV
This matter concerns prior restraint on speech. Patrick M. Malone (“Father”) is a party to
Authoring Judge: Chief Judge D. Michael Swiney
Originating Judge:Judge Michael Binkley |
Williamson County | Court of Appeals | 03/26/24 | |
Travis Jason Vandenberg v. Ashley Kay Vandenberg
M2023-00479-COA-R3-CV
This appeal arises from a divorce after a short marriage. The husband appeals from the ruling of
Authoring Judge: Judge John W. McClarty
Originating Judge:Judge Matthew Joel Wallace |
Montgomery County | Court of Appeals | 03/26/24 | |
State of Tennessee v. Jaylun Malik Currie
W2023-00698-CCA-R3-CD
A Tipton County Grand Jury indicted Defendant for especially aggravated kidnapping,
Authoring Judge: Judge Jill Bartee Ayers
Originating Judge:Judge A. Blake Neill |
Tipton County | Court of Criminal Appeals | 03/26/24 | |
State of Tennessee v. Antonio Demetrius Adkisson a/k/a Antonio Demetrius Turner, Jr.
W2022-01009-CCA-R3-CD
A Gibson County jury convicted the defendant, Antonio Demetrius Adkisson a/k/a Antonio Demetrius Turner, Jr., of two counts of second-degree murder, for which he received an effective sentence of twenty years in confinement. On appeal, the defendant contends (1) that the juvenile court erred in transferring the defendant to circuit court and (2) that the trial court erred in failing to suppress the defendant’s statement. After reviewing the record and considering the applicable law, we affirm the judgments of the trial court.
Authoring Judge: Judge J. Ross Dyer
Originating Judge:Judge Clayburn Peeples |
Gibson County | Court of Criminal Appeals | 03/25/24 | |
State of Tennessee v. Shatara Evette Jones
M2022-01620-CCA-R3-CD
In this delayed appeal, Defendant, Shatara Evette Jones, appeals her conviction for first degree murder for which she received a mandatory life sentence. On appeal, Defendant challenges: 1) the trial court’s restricting her right to cross-examine a State’s witness; 2) the trial court’s denial of her motion to dismiss, pursuant to State v. Ferguson, based on the State’s failure to preserve evidence; 3) the trial court’s denial of her motions to suppress her statement to police and cell phone data; 4) the trial court’s exclusion of evidence of the victim’s gang involvement and a rap video in which he is depicted holding a gun; 5) the trial court’s omission of an instruction in the written jury instructions; and 6) the sufficiency of the evidence of her conviction. We affirm the judgment of the trial court.
Authoring Judge: Judge Timothy L. Easter
Originating Judge:Judge Jennifer Smith |
Davidson County | Court of Appeals | 03/25/24 | |
In Re Christopher R.
W2023-00082-COA-R3-JV
A woman asserting that she is a child’s great-grandmother filed a petition to establish paternity and for grandparent visitation. On the face of the petition, the purported great-grandmother brought the action both on behalf of herself and, acting with a power of attorney, on behalf of her grandson, the alleged biological father of the child. The parties agree that a power of attorney was never properly executed by the alleged father. After a hearing, the trial court dismissed the petition in full. With regard to the paternity suit, the trial court found that the great-grandmother lacked the authority to file a paternity suit on the alleged biological father’s behalf and did not have standing to bring it on her own behalf, and therefore the paternity action was due to be dismissed. With regard to the grandparent visitation action, the trial court held that without a pending contested paternity suit, the grandmother lacked standing to bring an action for grandparent visitation, and in the alternative, that the juvenile court lacked subject matter jurisdiction to hear the action. We affirm.
Authoring Judge: Judge Jeffrey Usman
Originating Judge:Judge Paul B. Conley, III |
Crockett County | Court of Appeals | 03/25/24 | |
John Huron, Et Al v. Vladimir Kruglyak, Et Al.
E2022-01812-COA-R3-CV
In this easement dispute involving a shared driveway between adjoining real property
Authoring Judge: Judge Thomas R. Frierson, II
Originating Judge:Chancellor John S. McLellan, III |
Sullivan County | Court of Appeals | 03/25/24 | |
State of Tennessee v. Antonio Demetrius Adkisson a/k/a Antonio Demetrius Turner, Jr. - DISSENT
W2022-01009-CCA-R3-CD
Police officers in this case obtained a confession from a juvenile by threatening him with the death penalty, repeatedly denying his requests for his mother who was present at the station, and interrogating him for over six hours in the middle of the night. After reviewing the totality of the circumstances, I would have concluded that the trial court erred in denying the Defendant’s motion to suppress because the Defendant’s Miranda waiver was invalid and his confession was involuntary. I also would have concluded that the juvenile court erred in finding probable cause that the Defendant committed the offenses. Therefore, I must respectfully dissent.
Authoring Judge: Presiding Judge Camille R. McMullen
Originating Judge:Judge Clayburn Peeples |
Gibson County | Court of Criminal Appeals | 03/25/24 | |
David E. Tate v. Felicia M. Tate
M2022-01438-COA-R3-CV
This appeal arises from a divorce action following a short-term marriage. There were no children born of the marriage, and the only issue on appeal pertains to the classification of real property. At issue is the Wade Springs property, which the husband purchased using his separate property. He closed on the purchase of the Wade Springs property the day after the parties married, and the property was deeded in the husband’s name only. Because the property was used as the marital residence during the two-year marriage and marital assets were used to maintain the property, the wife contended that the property became marital property by transmutation, commingling, or Tennessee Code Annotated § 36-4-121. The trial court found that the Wade Springs property was the husband’s separate property at the time of purchase and it remained his separate property. The court further found that the wife’s contributions to the property could easily be extracted and awarded her, inter alia, a cash judgment in the amount of her contributions to the home. Determining that the evidence does not preponderate against these findings, we affirm.
Authoring Judge: Presiding Judge Frank G. Clement
Originating Judge:Judge Darrell Scarlett |
Rutherford County | Court of Appeals | 03/25/24 | |
In Re Kamahri W., et al.
M2023-00692-COA-R3-PT
This action involves the termination of a father’s parental rights to his three children. Following a bench trial, the court found that clear and convincing evidence existed to establish the following statutory grounds of termination: (1) abandonment by failure to provide a suitable home; (2) substantial noncompliance with the permanency plans; (3) the persistence of conditions which led to removal; and (4) failure to manifest an ability and willingness to assume custody of the children. The court also found that termination was in the best interest of the children. We affirm the trial court’s ultimate termination decision.
Authoring Judge: Judge John W. McClarty
Originating Judge:Judge Timothy K. Barnes |
Montgomery County | Court of Appeals | 03/22/24 | |
In Re Estate of Elga Jean Epley
M2023-00998-COA-R3-CV
After four creditors filed separate claims against the estate of Elga Jean Epley (“the
Authoring Judge: Presiding Judge Frank G. Clement, Jr.
Originating Judge:Chancellor Michael E. Spitzer |
Lewis County | Court of Appeals | 03/22/24 | |
Keith Lee Lieberman v. Belinda Renee Wilson
E2024-00137-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: Judge Thomas R. Frierson, II
Originating Judge:Judge Beth Boniface |
Greene County | Court of Appeals | 03/22/24 | |
Estate of Lloyd Edward Tomlinson v. Melissa Malone, Now King
M2023-00470-COA-R3-CV
This appeal arises from a complaint wherein the plaintiff alleged that he had a confidential relationship with his alleged biological daughter and that she induced him, by a promise that she would take care of him, to grant her a remainder interest in his real property. After a bench trial, the trial court found that a confidential relationship existed between the plaintiff and defendant and that suspicious circumstances existed to support a finding of undue influence. As such, the trial court entered an order divesting the defendant of any interest that she had in the property and restoring the plaintiff’s interest in the property to be held by his estate. The defendant appeals. Discerning no error, we affirm.
Authoring Judge: Judge Carma Dennis McGee
Originating Judge:Judge David D. Wolfe |
Houston County | Court of Appeals | 03/22/24 | |
Shane Bruce v. Carolyn Jackson Et Al.
E2023-00443-COA-R3-CV
In this intrafamily dispute, a son sued his mother and various other family members following the death of his father. The claims included, inter alia, breach of contract, libel and slander, and wrongful death. The defendant family members eventually filed a motion for summary judgment, arguing that statutes of limitation barred several of the son’s claims, and that there was no evidence the son could point to in support of his additional
Authoring Judge: Judge Kristi M. Davis
Originating Judge:Judge Michael Pemberton |
Campbell County | Court of Appeals | 03/22/24 | |
State of Tennessee v. Kesean Dewayne Hall
M2022-01176-CCA-R3-CD
The Defendant, Kesean Dewayne Hall, appeals his jury convictions for second degree murder, attempted second degree murder, employing a firearm during the commission of or attempt to commit a dangerous felony, and criminal trespass. For these convictions, he received an effective thirty-five-year sentence. On appeal, the Defendant challenges (1) the denial of his motion to sever the separate shooting episodes; (2) the sufficiency of the convicting evidence; (3) the admission of video footage showing the Defendant trespassing on the housing development’s property; and (4) the admission of “video evidence related to Crime Scene 3.” He also raises a claim of cumulative error and a challenge to his sentence. Following our review, we conclude that due to inadequacies in the Defendant’s appellate brief, all of his issues are waived save sufficiency of the evidence. First, relative to the sufficiency of the evidence, we conclude that the evidence was insufficient to support the Defendant’s criminal trespass conviction, and that conviction must be reversed and dismissed. Next, the evidence’s being sufficient to support the Defendant’s remaining convictions for second degree murder, attempted second degree murder, and employing a firearm during the commission of or attempt to commit a dangerous felony, those convictions are affirmed. The case is remanded to the trial court for further proceedings consistent with this opinion.
Authoring Judge: Judge Kyle A. Hixson
Originating Judge:Judge Steve R. Dozier |
Davidson County | Court of Criminal Appeals | 03/21/24 | |
State of Tennessee v. Lavondas C. Nelson
M2023-00176-CCA-R3-CD
A Rutherford County jury found Defendant, Lavondas C. Nelson, guilty of two counts of sale of more than 0.5 grams of cocaine within 1,000 feet of a school (Counts 1 and 2), and sale of more than 0.5 grams of cocaine (Count 3). The trial court sentenced him to forty years in the Tennessee Department of Correction (TDOC). On appeal, Defendant argues the evidence was insufficient to establish that he sold cocaine within a school zone, the trial court erred in failing to instruct the jury on entrapment, and his sentence is excessive. After review, we affirm the judgments of the trial court. However, we remand the case to the trial court for entry of revised judgments in Counts 1 and 2 that reflect the proper release eligibility for those offenses.
Authoring Judge: Judge Matthew J. Wilson
Originating Judge:Judge Barry R. Tidwell |
Rutherford County | Court of Criminal Appeals | 03/20/24 | |
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 | |
State of Tennessee v. Adrian Moore
W2023-00664-CCA-R3-CD
The Defendant, Adrian Moore, was convicted in the Shelby County Criminal Court of second degree murder, voluntary manslaughter, especially aggravated robbery, and two counts of possession of a firearm by a convicted felon and received an effective sentence of forty-six years in confinement. On appeal, the Defendant claims that the evidence is insufficient to support his convictions of second degree murder and especially aggravated robbery. Based upon our review, we affirm the judgments of the trial court.
Authoring Judge: Judge John W. Campbell, Sr.
Originating Judge:Judge Chris Craft |
Shelby 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 | |
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 | |
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 | |
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 | |
State of Tennessee v. Nakomis Jones
W2022-01638-CCA-R3-CD
For events in 2001, a Shelby County jury convicted the Petitioner, Nakomis Jones, of murder, kidnapping, and gun related charges, and the trial court sentenced him to an effective sentence of life in prison plus thirty-eight years. The Petitioner unsuccessfully appealed his convictions, as well as filed for post-conviction relief, Federal habeas corpus relief, and motions to reopen the denial of relief in each instance. As relevant here, in 2022, the Petitioner filed a petition pursuant to the Post-Conviction Fingerprint Analysis Act of 2021. He sought fingerprint analysis of the palm print and a handgun collected during the investigation. The post-conviction court summarily dismissed the petition. On appeal, the Petitioner contends that the post-conviction court erred when it denied his petition. After review, we affirm the post-conviction court’s judgment.
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Judge Melissa Boyd |
Shelby County | Court of Criminal 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 |