State of Tennessee v. William Moquann Smith
M2023-00460-CCA-R3-CD
The Defendant, William Moquann Smith, was convicted by a Williamson County Circuit Court jury of two counts of aggravated robbery, a Class B felony, and one count of theft of property valued at $10,000 or more but less than $60,000, a Class C felony, for which he is serving an effective eleven-year sentence in confinement and three years of probation. See T.C.A. §§ 39-13-403 (2018) (especially aggravated robbery), 39-14-103 (2018) (theft of property), 39-14-105(a)(4) (2018) (grading of theft). On appeal, he contends that the trial court erred in admitting a video recording and several photographs depicting him with a handgun. We affirm the judgments of the trial court.
Authoring Judge: Judge Robert H. Montgomery, Jr.
Originating Judge:Judge James G. Martin, III |
Williamson County | Court of Criminal Appeals | 02/23/24 | |
State of Tennessee v. Robert Bevis, Jr. a/k/a Butch Bevis
W2022-01740-CCA-R3-CD
A Dyer County Circuit Court jury convicted the Defendant, Robert Bevis, Jr., of two counts
Authoring Judge: Presiding Judge Camille R. McMullen
Originating Judge:Judge Mark L. Hayes |
Dyer County | Court of Criminal Appeals | 02/23/24 | |
Jaquan Gathing v. State of Tennessee
W2023-00596-CCA-R3-PC
The petitioner, Jaquan Gathing, appeals the denial of his post-conviction petition, arguing
Authoring Judge: Judge J. Ross Dyer
Originating Judge:Judge Lee V. Coffee |
Shelby County | Court of Criminal Appeals | 02/23/24 | |
State of Tennessee v. Ralph Lee Atkins, Jr.
E2023-00368-CCA-R3-CD
The Defendant, Ralph Lee Atkins, Jr., was convicted by a Knox County Criminal Court
Authoring Judge: Judge Robert H. Montgomery, Jr.
Originating Judge:Judge G. Scott Green |
Knox County | Court of Criminal Appeals | 02/23/24 | |
Debbie Lynn Simmons, et al. v. Deborah Matlock Bass, et al.
M2023-00275-COA-R3-CV
Appellees, a married couple at the time, purchased two properties. Appellants, Husband’s adult daughters from a previous relationship, sought imposition of resulting trusts on the respective properties. Appellants, each of whom lived in one of the properties, maintained that they had agreements with their father whereby they would own the properties so long as they paid all expenses thereon. Appellee/Wife disputed such arrangement and maintained that the disputed properties were marital properties. Because of the suspect circumstances surrounding the purchases of the properties and the disputed testimony regarding any agreements by and between Husband and Appellants, Wife argued that the properties were not subject to the imposition of the equitable remedy of resulting trusts. The trial court denied Appellants’ respective petitions to establish resulting trusts, and they appeal. Because Appellants failed to meet the burden of proof to establish resulting trusts, we affirm the trial court’s decision.
Authoring Judge: Judge Kenny Armstrong
Originating Judge:Judge Suzanne Lockert-Mash |
Houston County | Court of Appeals | 02/23/24 | |
State of Tennessee v. Travis Haynes
W2022-01573-CCA-R3-CD
A Shelby County jury convicted the defendant, Travis Haynes, of first-degree murder,
Authoring Judge: Judge J. Ross Dyer
Originating Judge:Judge James M. Lammey |
Shelby County | Court of Criminal Appeals | 02/23/24 | |
Baron Construction, LLC v. 4J Construction Company, Inc. et al.
M2022-00412-COA-R3-CV
A general contractor sued two business entities and their sole owner for breach of contract. The defendants denied liability and filed a counter-complaint. Four years later, the contractor moved for sanctions under Tennessee Rule of Civil Procedure 16.06. The trial court entered a default judgment against the defendants and dismissed their counterclaims with prejudice due to their repeated failure to comply with pretrial orders. The defendants moved to set aside the final judgment. The trial court granted the owner relief from the judgment. But it refused to set aside the judgment against his two companies. And it granted the contractor summary judgment against the owner on the remaining claims. We affirm.
Authoring Judge: Judge W. Neal McBrayer
Originating Judge:Chancellor Anne C. Martin |
Davidson County | Court of Appeals | 02/23/24 | |
State of Tennessee v. Kevin Scott Pendleton
W2023-00697-CCA-R3-CD
A Tipton County jury found the defendant, Kevin Scott Pendleton, guilty of possession of
Authoring Judge: Judge J. Ross Dyer
Originating Judge:Judge A. Blake Neill |
Tipton County | Court of Criminal Appeals | 02/23/24 | |
Joseph Floyd v. State of Tennessee
W2023-00436-CCA-R3-PC
The Petitioner, Joseph Floyd, appeals from the denial of his petition seeking postconviction
Authoring Judge: Presiding Judge Camille R. McMullen
Originating Judge:Judge Lee V. Coffee |
Shelby County | Court of Criminal Appeals | 02/22/24 | |
Anika Berryhill v. Shelby County Government Civil Service Merit Board
W2022-01814-COA-R3-CV
A former Shelby County employee alleges that she was wrongfully terminated by the
Authoring Judge: Judge Jeffrey Usman
Originating Judge:Chancellor Jim Kyle |
Shelby County | Court of Appeals | 02/22/24 | |
Estate of Ella Mae Haire et al. v. Shelby J. Webster et al.
E2022-01657-COA-R3-CV
Decedent’s son, individually and as personal representative of his mother’s estate, sued several of his siblings and decedent mother’s bank. Among other things, the son alleged that the bank breached its duties to the decedent by disbursing funds out of her checking and savings accounts following her death. Eventually, the bank moved for summary judgment, arguing that it was not negligent in its handling of the decedent’s accounts, nor did it breach any contractual duty to either the decedent or her son. The son appeals and, discerning no error by the trial court, we affirm.
Authoring Judge: Judge Kristi Davis
Originating Judge:Chancellor Richard B. Armstrong |
Court of Appeals | 02/22/24 | ||
Wendy C. Coram Et Al v. Jimmy C. Brasfield, M.D. Et Al
E2022-01619-COA-R3-CV
Plaintiffs filed a health care liability action against several defendants. Following a hearing on the defendants’ motions to dismiss, the trial court determined that the plaintiffs failed to substantially comply with Tennessee Code Annotated section 29-26-121(a)(2)(E) and that the action was untimely. The plaintiffs appealed to this Court and, following our review, we reverse.
Authoring Judge: Judge Kristi M. Davis
Originating Judge:Judge John S. McLellan, III |
Sullivan County | Court of Appeals | 02/22/24 | |
In Re Kamdyn H. et al.
E2023-00497-COA-R3-PT
This is an appeal of a termination of a mother’s parental rights. The Juvenile Court for Sullivan County (“the Juvenile Court”) terminated the parental rights of Tara C. (“Mother”)to two of her children, Kamdyn H. and Bentyn H. upon finding that the Tennessee Department of Children’s Services (“DCS”) proved by clear and convincing evidence that Mother was mentally incompetent and that it was in the best interest of Kamdyn and Bentyn for Mother’s parental rights to be terminated. Mother has appealed. Upon our review, we affirm the Juvenile Court’s judgment.
Authoring Judge: Judge D. Michael Swiney
Originating Judge:Judge Mark H. Tooey |
Sullivan County | Court of Appeals | 02/22/24 | |
Catina Hope Kestner Lusk v. Brandon Burl Lusk
E2024-00226-COA-T10B-CV
This is an accelerated interlocutory appeal as of right pursuant to Rule 10B of the Rules of the Supreme Court of Tennessee from a circuit court judge’s denial of a motion to recuse. The Appellant moved for recusal based on the judge’s setting a trial date, based on the judge’s having filed a complaint with the Board of Professional Responsibility against the Appellant’s attorney in an unrelated case, and based on criticism of the attorney in an
Authoring Judge: Judge Jeffrey Usman
Originating Judge:Judge Suzanne Cook |
Unicoi County | Court of Appeals | 02/22/24 | |
State of Tennessee v. Ralph Edward Overstreet, Jr.
M2023-00260-CCA-R3-CD
The Smith County Grand Jury indicted Defendant, Ralph Edward Overstreet, Jr., for burglary, attempted first degree murder, aggravated assault, and resisting arrest. A jury convicted Defendant as charged, and the trial court merged the aggravated assault conviction into the attempted first degree murder conviction. Defendant argues on appeal that: (1) the prosecutor’s previous representation of Defendant created an actual conflict of interest that required disqualification and a new trial; (2) the State violated its discovery obligations by introducing evidence that the State allegedly did not disclose of a prior domestic incident between Defendant and his girlfriend; and (3) the evidence was insufficient to support his conviction for attempted first degree murder. Defendant does not challenge the sufficiency of any other conviction. After hearing oral arguments and reviewing the record, the parties’ briefs, and the applicable law, we affirm the judgments of the trial court.
Authoring Judge: Judge Timothy L. Easter
Originating Judge:Judge Brody N. Kane |
Smith County | Court of Criminal Appeals | 02/22/24 | |
State of Tennessee v. Ruben D. Pimentel
M2023-00599-CCA-R3-CD
In 2005, the Defendant, Ruben D. Pimentel, pled guilty to the offense of first degree murder and accepted a negotiated sentence of imprisonment for life without possibility of parole. Thereafter, he filed a motion to correct an illegal sentence pursuant to Tennessee Rule of Criminal Procedure 36.1. He alleged that his sentence was illegal because it violates Tennessee Code Annotated section 40-35-501(h)(2), as amended in 2020, which provides that a defendant may be released from a life sentence after sixty years. The trial court summarily denied the motion, finding that the Defendant’s sentence was not illegal. Upon our review, we respectfully disagree with the Defendant and affirm the trial court’s judgment.
Authoring Judge: Judge Tom Greenholtz
Originating Judge:Judge Larry B. Stanley, Jr. |
Warren County | Court of Criminal Appeals | 02/21/24 | |
State of Tennessee v. Justin Daniel Barker
W2022-01631-CCA-R3-CD
A Henry County jury found Defendant, Justin Daniel Barker, guilty of two counts of rape (under alternate theories) and one count of aggravated statutory rape. The trial court imposed an effective sentence of eight and a half years in the Tennessee Department of Correction. On appeal, Defendant argues the trial court erred in admitting testimony related to Defendant’s pending criminal proceedings in another jurisdiction, and he contends the evidence was insufficient to sustain the jury’s verdicts. After review, we conclude the trial court erred in admitting evidence related to the pending criminal proceedings, but such error was harmless. We also conclude the evidence was sufficient to support Defendant’s convictions. Accordingly, we affirm the judgments of the trial court.
Authoring Judge: Judge Matthew J. Wilson
Originating Judge:Judge Donald E. Parish |
Henry County | Court of Criminal Appeals | 02/21/24 | |
Brandi Michelle Rose v. Timothy Elvin Rose
W2023-01445-COA-R3-CV
Appellants, Rose Sawmill, Inc. and Shiloh Golf Course, Inc., have appealed an order of the
Authoring Judge: Per Curiam
Originating Judge:Chancellor Vicki Hodge Hoover |
Hardin County | Court of Appeals | 02/21/24 | |
Tassi Williams v. Rodney Wayne Williams, Jr.
E2023-00810-COA-R3-CV
This appeal arises from the issuance of an order of protection against the appellant, Rodney Williams, Jr. We, however, have determined that the appellant’s brief is profoundly deficient for it fails to comply with Rule 27(a) of the Tennessee Rules of Appellate Procedure and Rule 6 of the Rules of the Court of Appeals of Tennessee in several material respects. Based on the appellant’s failure to substantially comply with Rule 27(a)(6)–(7) of the Tennessee Rules of Appellate Procedure and Rule 6 of the Rules of the Court of Appeals of Tennessee, the appellant has waived his right to an appeal. Accordingly, this appeal is dismissed.
Authoring Judge: Judge Frank G. Clement, Jr.
Originating Judge:Judge Gregory S. McMillan |
Knox County | Court of Appeals | 02/21/24 | |
In Re Pandora G.
M2023-01223-COA-R3-PT
This is a termination of parental rights case. The trial court terminated Appellant/Father’s parental rights on the grounds of abandonment by failure to support, substantial noncompliance with the permanency plan, and failure to manifest an ability and willingness to assume custody, and on its finding that termination of parental rights was in the child’s best interest. Father appeals. Because Appellee abandoned the ground of substantial noncompliance with the permanency plan, we reverse the trial court’s termination of Appellant’s parental rights on that ground. We affirm the trial court’s termination of Appellant’s parental rights on all remaining grounds and on its finding that termination of Appellant’s parental rights is in the child’s best interest.
Authoring Judge: Judge Kenny Armstrong
Originating Judge:Judge Sheila Calloway |
Davidson County | Court of Appeals | 02/21/24 | |
Farris Lamont Kidd v. State of Tennessee
W2023-00601-CCA-R3-PC
Petitioner, Farris Lamont Kidd, pleaded guilty to five separate charges, and received an effective fourteen-year sentence. Thereafter, Petitioner filed a pro se petition for post-conviction relief, which the post-conviction court denied after a hearing. On appeal, Petitioner argues he received ineffective assistance of counsel. After review, we affirm the judgment of the post-conviction court.
Authoring Judge: Judge Matthew J. Wilson
Originating Judge:Judge Donald H. Allen |
Madison County | Court of Criminal Appeals | 02/21/24 | |
Ben Smith et al. v. William A. White et al.
M2023-00030-COA-R3-CV
The appellees sold a portion of their property to the appellants. The appellees sued the appellants seeking an easement by necessity. The appellants maintained that Tenn. Code Ann § 54-14-102 and its associated statutes prohibited such an easement. The trial court granted a common law easement by necessity. We agree with the trial court’s determination that the 2020 amendments to Tenn. Code Ann § 54-14-102 and its associated statutes did not change the common law regarding easements by necessity. However, due to the lack of a hearing and the corresponding lack of evidence, the improper use of the trial judge’s visit to the property as a fact-finding mission, and the uncertain procedures used to decide the case, we vacate the trial court’s order and remand this matter to the trial court for further proceedings.
Authoring Judge: Judge Andy D. Bennett
Originating Judge:Judge Michael Wayne Collins |
Jackson County | Court of Appeals | 02/21/24 | |
Michael White v. Vincent Vantell, Warden
M2023-00967-CCA-R3-HC
A Marshall County jury convicted the Petitioner, Michael White, of five counts of rape in 2005, and the trial court sentenced him to an effective sentence of fifty-five years. Thereafter, the Petitioner filed an application for a writ of habeas corpus. He alleged that the trial court lacked jurisdiction to hear his case because, among other things, the original affidavit of complaint was invalid and that his charges were not supported by probable cause. The habeas corpus court summarily denied the application, finding that the Petitioner failed to state a colorable claim for relief and that he failed to comply with the statutory requirements for requesting the writ. Upon our review, we respectfully affirm the judgment of the habeas corpus court.
Authoring Judge: Judge Tom Greenholtz
Originating Judge:Judge Michael Wayne Collins |
Trousdale County | Court of Criminal Appeals | 02/21/24 | |
Frank Reed Et Al. v. Town of Louisville, Tennessee Et Al.
E2023-00438-COA-R3-CV
This appeal involves a decision by the Town of Louisville Board of Zoning Appeals (“BZA”) that was upheld on review by the Blount County Circuit Court (“trial court”). At its May 5, 2020 hearing, the BZA granted appellee William Mattison’s request for a variance to allow him to construct an accessory, non-attached garage on his improved real property, which structure would purportedly exceed the height limit set by town ordinance. The appellants, Frank and Tina Reed, who own property adjacent to Mr. Mattison’s property and who had opposed Mr. Mattison’s request for a variance, filed a petition for writ of certiorari with the trial court on July 5, 2022, seeking review of the BZA’s decision. The trial court conducted hearings on the Reeds’ petition in January and February 2023. On February 27, 2023, the trial court entered a final order affirming the BZA’s decision to grant a variance to Mr. Mattison. The trial court found that there was a rational basis for the BZA’s decision, which was supported by material evidence, and that the BZA had acted within its scope of authority and discretion. The Reeds timely appealed. Determining that there existed no material evidence of any particular characteristic of the real property warranting the grant of a variance, we reverse the trial court’s judgment affirming the BZA’s decision and vacate the BZA’s grant of a variance to Mr. Mattison as illegal and outside the BZA’s authority.
Authoring Judge: Judge Thomas R. Frierson, II
Originating Judge:Judge David R. Duggan |
Blount County | Court of Appeals | 02/20/24 | |
In Re Evandor C.
M2022-01697-COA-R3-PT
This appeal arises from a petition to terminate the parental rights of a mother and a father to their son. The trial court found that three grounds for termination existed as to the parents: (1) substantial noncompliance with a permanency plan; (2) persistent conditions; and (3) failure to manifest an ability and willingness to assume custody. The trial court also found that the termination was in the best interest of the child. The mother and the father appeal. We reverse the trial court’s finding that clear and convincing evidence established the ground of persistent conditions. However, we affirm its findings that the remaining grounds were proven as to both parents and that termination was in the best interest of the child.
Authoring Judge: Judge Carma Dennis McGee
Originating Judge:Judge Ronnie J. T. Blevins, II |
Marion County | Court of Appeals | 02/20/24 |