Paul Plofchan v. James Hughey Et. Al.
M2021-00853-COA-R3-CV
A man sued his arresting officers and others. He claimed he was neither drunk nor violent when he was arrested and charged with public intoxication, resisting arrest, and assault on an officer. During discovery, the man claimed to have no communications between him and a companion that were not protected by attorney-client privilege or as work product. When such communications were uncovered, the defendants moved for sanctions and attorney’s fees. The trial court awarded attorney’s fees to the defendants and the companion. And it dismissed the case as a sanction. Discerning no abuse of discretion, we affirm.
Authoring Judge: Judge W. Neal McBrayer
Originating Judge:Judge Thomas W. Brothers |
Davidson County | Court of Appeals | 01/05/24 | |
Pedro Ignacio Hernandez v. State of Tennessee
2023-00796-CCA-R3-PC
The petitioner, Pedro Ignacio Hernandez, appeals the denial of his post-conviction petition, arguing the post-conviction court erred in finding he received the effective assistance of counsel. After our review of the record, briefs, and applicable law, we affirm the denial of the petition.
Authoring Judge: Judge J. Ross Dyer
Originating Judge:Judge Monte Watkins |
Davidson County | Court of Criminal Appeals | 01/05/24 | |
Unifirst Corp. v. Indus. Fabrication & Repair, Inc. et al.
M2022-00625-COA-R3-CV
This appeal arises from confirmation of an arbitration award. The appellants objected to confirmation, arguing that they lacked notice of the arbitration. One of the appellants also claimed that it never agreed to arbitrate. The winning party submitted that the objections were untimely and did not state a cognizable ground for vacatur under the Federal Arbitration Act. We vacate and remand.
Authoring Judge: Judge W. Neal McBrayer
Originating Judge:Chancellor Russell T. Perkins |
Davidson County | Court of Appeals | 01/04/24 | |
State of Tennessee v. Percy D. Thompson
M2023-00051-CCA-R3-CD
Defendant, Percy D. Thompson, was indicted by a Davidson County Grand Jury for the attempted first degree murder (count one) and aggravated assault (count two) of his wife. Following a bench trial, Defendant was convicted of the lesser included offense of attempted second degree murder in count one, and aggravated assault as charged in count two. The trial court sentenced Defendant to twelve years for count one and ten years for count two and merged the aggravated assault conviction into the attempted second degree murder conviction. Defendant appeals his convictions arguing the trial court failed to find him guilty of aggravated assault at the conclusion of the proof and therefore erred in sentencing him for count two and that the evidence was insufficient to support either of his convictions. Following our review of the record, including 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 Mark J. Fishburn |
Davidson County | Court of Criminal Appeals | 01/04/24 | |
Anderson Poured Walls, Inc. v. Gilbert Clark et al.
E2022-01271-COA-R3-CV
This appeal concerns a subcontractor’s claims for non-payment. The trial court dismissed the claim for unjust enrichment against defendant Clark, the home owner, as not ripe because the plaintiff subcontractor had not exhausted its remedies against the party with whom it had contracted. The plaintiff appeals. We affirm.
Authoring Judge: Judge John McClarty
Originating Judge:Chancellor Telford E. Forgety, Jr. |
Sevier County | Court of Appeals | 01/04/24 | |
Diane Mauriello v. Branch Banking and Trust Company
E2023-00098-COA-R3-CV
The plaintiff in this action, alleging mutual mistake, sought rescission and nullification of a promissory note and deed of trust related to the plaintiff’s 2005 purchase of multiple parcels of unimproved real property. Upon the defendant bank’s counterclaim and motion for summary judgment, and following a hearing in which the plaintiff participated pro se after the court denied her motion for continuance, the trial court granted summary judgment in favor of the bank. The court dismissed the plaintiff’s complaint with prejudice and awarded a judgment to the bank in the amount of $306,392.14, inclusive of the principal owed on the promissory note, accrued interest at the time of the hearing, reasonable attorney’s fees, and expenses. The plaintiff has appealed. Discerning no
Authoring Judge: Judge Thomas R. Frierson, II
Originating Judge:Chancellor Elizabeth C. Asbury |
Campbell County | Court of Appeals | 01/04/24 | |
Masquerade Fundraising Inc. v. Patrick Horne et al.
E2022-00927-COA-R9-CV
The plaintiff corporation filed this action against the defendant independent contractors, alleging, inter alia, that the defendants violated their contracts and covenants not to compete. We granted this interlocutory appeal in which the defendants request review of the trial court’s denial of their motion in limine to exclude an email sent to defense counsel that contains privileged information. The email was inadvertently attached as an exhibit on two separate briefs filed with the court by defense counsel and then repeatedly referenced by defendants in later briefs in response to a motion to disqualify counsel and for sanctions. The trial court held that the repeated disclosure of the email operated as a waiver of the attorney-client privilege. We affirm the trial court.
Authoring Judge: Judge John McClarty
Originating Judge:Chancellor Clarence E. Pridemore, Jr. |
Knox County | Court of Appeals | 01/04/24 | |
Arlene Ernstes v. Printpack, Inc.
W2023-00863-SC-R3-WC
Employee sought worker's compensation benefits based on hearing loss allegedly caused by continuous noise exposure during her employment with Employer. Employer denied the claim, asserting Employee failed to give timely notice of injury. After a compensation hearing, the trial court rejected Employer's notice defense and awarded benefits to Employee. The Workers' Compensation Appeals Board reversed the trial court's finding that Ernployee gave timely notice; vacated the order awarding benefits; and remanded the case for a deterrnination of whether Employee had a reasonable excuse for failing to give timely notice or whether Ernployer was prejudiced by the failure. On remand, the trial court again awarded benefits, concluding Employee did not offer a reasonable excuse but Employer failed to establish prejudice. In a second appeal, the Appeals Board construed the notice statute and concluded the clairn should have been denied and disrnissed. In this appeal, Employee argues the Appeals Board erred in its conclusion that Employee failed to satisfy the statutory notice requirement. The appeal has been referred to the Special Workers' Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law pursuant to Tennessee Suprerne Court Rule 51. We affirm.
Authoring Judge: Senior Judge Roy B. Morgan, Jr.
Originating Judge:Judge Timothy W. Conner |
Workers Compensation Panel | 01/02/24 | ||
Taylor Brocato (now Dunn) v. Kyle Young
M2023-00222-COA-R3-CV
This is a post-divorce partition action in which the ex-wife asked the trial court to order the sale of the former marital residence and to award her, as specified in the parties’ marital dissolution agreement (“the MDA”), half of the equity resulting from the sale. The ex-wife relied on the provision in the MDA, which provides that she is entitled to fifty percent of any equity in the former marital residence “when the house sells.” The ex-husband opposed the partition action, arguing that he was awarded the former marital residence pursuant to the MDA and that the ex-wife was only entitled to half of the equity valued as of the date of their divorce in 2019. The ex-husband also contended that the ex-wife’s claims were barred under the doctrine of equitable estoppel because he had remitted $6,600.00 in monthly payments toward the ex-wife’s equity pursuant to an oral agreement that set her equity interest at $9,750.00. The court granted the partition petition and ordered that the property be sold. The court also found that the MDA was a contract in contemplation of divorce; therefore, acting pursuant to Tennessee Code Annotated § 36-4-121(b)(2)(A) (“the Distribution of Marital Property Statute”), the court valued the ex-wife’s equity in the former marital residence based on an appraisal near the date of the final divorce decree. The trial court refused to credit the ex-husband for the payments he made to the ex-wife according to their alleged oral agreement, finding that to do so would be a violation of the statute of frauds. Both parties appeal. For the reasons explained below, the judgment of the trial court is reversed, and this matter is remanded for further proceedings consistent with this opinion.
Authoring Judge: Presiding Judge Frank G. Clement, Jr.
Originating Judge:Judge Adrienne Gilliam Fry |
Montgomery County | Court of Appeals | 01/02/24 | |
State of Tennessee v. Seth Powell
E2022-00347-CCA-R3-CD
A Knox County Criminal Court jury convicted the defendant, Seth Powell, of possession
Authoring Judge: Judge James Curwood Witt, Jr.
Originating Judge:Judge G. Scott Green |
Knox County | Court of Criminal Appeals | 01/02/24 | |
State of Tennessee v. Trinces Eugene Hart
W2023-00122-CCA-R3-CD
Following a Henderson County jury trial, Defendant, Trinces Eugene Hart, was convicted of three counts of unlawful possession of a firearm by a convicted felon. He appeals, arguing the evidence was insufficient to sustain his convictions. After review, we affirm the judgments of the trial court; however, we remand the case to the trial court for merger of the three counts into a single judgment of conviction for unlawful possession of a firearm by a convicted felon.
Authoring Judge: Judge Matthew J. Wilson
Originating Judge:Judge Donald H. Allen |
Henderson County | Court of Criminal Appeals | 01/02/24 | |
State of Tennessee v. Willie Locust
W2022-01026-CCA-R3-CD
Defendant, Willie Locust, was convicted after a bench trial in Count 1 of possession of
Authoring Judge: Judge Robert L. Holloway, Jr.
Originating Judge:Judge Mark L. Hayes |
Dyer County | Court of Criminal Appeals | 12/28/23 | |
Wanda Sue Averwater v. James Paul Averwater
M2020-00851-COA-R3-CV
In this divorce, the trial court evenly divided the marital estate and denied the wife’s request for alimony. It also ordered wife to pay the attorney’s fees and costs of a third party. On appeal, the wife challenges the court’s decisions on multiple grounds. After a thorough review, we find that the court erred in not dividing the profit from a business the husband created during the pendency of the divorce as marital property. And the court erred in ordering the wife to pay attorney’s fees and costs. We affirm in all other respects.
Authoring Judge: Judge W. Neal McBrayer
Originating Judge:Judge Philip E. Smith |
Rutherford County | Court of Appeals | 12/28/23 | |
State of Tennessee v. Robert L. Cody, III
E2022-00947-CCA-R3-CD
Defendant, Robert L. Cody, III, was convicted of conspiracy to possess 26 grams or more of cocaine with intent to sell within 1,000 feet of a drug-free zone (count one); possession of a firearm with intent to go armed during the commission of a dangerous felony (count two); possession of a firearm by a convicted felon (count three); and the jury found that Defendant committed a criminal gang offense (count ten) enhancing count one to a Class A felony. The trial court imposed an effective thirty-three year sentence to be served in the Department of Correction. On appeal, Defendant argues: (1) that the trial court erred by denying his motion to dismiss counts two and three for failure to charge an offense, and count ten of the presentment for failure to give proper notice of the gang enhancement; (2) that the trial court erred by failing to declare a mistrial after the State read the presentment to the jury; (3) that the trial court erred by excluding Investigator Jinks from the Rule of Sequestration; (4) that the trial court erred by admitting text messages that were not properly authenticated; (5) that the evidence was insufficient to support Defendant’s drug conspiracy conviction in count one; (6) that the criminal gang enhancement violated double jeopardy and the doctrine of collateral estoppel; (7) that the trial court erred in sentencing Defendant under the prior version of the Drug-Free Zone Act; and (8) that this court should resentence Defendant under the 2022 amendments to the Drug-Free Zone Act. Following our review of the entire record, oral arguments, and the parties’ briefs, we affirm the
Authoring Judge: Judge Jill Bartee Ayers
Originating Judge:Judge Kyle A. Hixson |
Knox County | Court of Criminal Appeals | 12/28/23 | |
Demarcus Keyon Cole v. State of Tennessee
W2023-00517-CCA-R3-ECN
The petitioner, Demarcus Keyon Cole, appeals the dismissal of his petition for writ of error
Authoring Judge: Judge James Curwood Witt, Jr.
Originating Judge:Judge Donald H. Allen |
Madison County | Court of Criminal Appeals | 12/28/23 | |
Michael Adams v. Shavetta Conner, et al.
W2023-00151-COA-R3-CV
This case originated in general sessions court with the filing of a pro se civil warrant. The
Authoring Judge: Presiding Judge J. Steven Stafford
Originating Judge:Judge Gina C. Higgins |
Shelby County | Court of Appeals | 12/28/23 | |
In Re William W. Et Al.
E2023-00565-COA-R3-PT
Mother and Father appeal the termination of their parental rights to their three children.
Authoring Judge: Judge Jeffrey Usman
Originating Judge:Judge Caroline E. Knight |
Court of Appeals | 12/27/23 | ||
In Re Grace F., et al.
M2023-00344-COA-R3-PT
This appeal concerns a petition to terminate the parental rights of a mother and a putative father. The trial court found by clear and convincing evidence that several grounds for termination had been proven and that termination was in the best interest of the children. The mother and putative father appeal. On appeal, the Department of Children’s Services concedes some of the grounds that the trial court concluded were established. However, DCS maintains that five grounds for termination were sufficiently proven against the
Authoring Judge: Judge Carma Dennis McGee
Originating Judge:Judge John Meadows |
White County | Court of Appeals | 12/27/23 | |
Charles Melton, Individually and as Personal Representative for the Estate of Betty Ruth Shaw Morgan v. Michael Melton
E2023-00649-COA-R3-CV
This is an action against the former attorney-in-fact of the decedent for breach of fiduciary
Authoring Judge: Judge Frank G. Clement, Jr.
Originating Judge:Chancellor Richard B. Armstrong |
Court of Appeals | 12/27/23 | ||
Terrance Lawrence v. State of Tennessee
M2023-00471-CCA-R3-PC
The Petitioner, Terrance Lawrence, appeals from the Davidson County Criminal Court’s denial of his petition for post-conviction relief from his convictions for especially aggravated kidnapping, aggravated assault, domestic assault, driving while his license was suspended, and possession of a firearm after having been convicted of a felony involving the use or attempted use of force, violence, or a deadly weapon, for which he is serving an effective sixty-year sentence. On appeal, he contends that the post-conviction court erred in denying relief based upon his ineffective assistance of counsel allegations. We affirm the judgment of the post-conviction court.
Authoring Judge: Judge Robert H. Montgomery, Jr.
Originating Judge:Judge Jennifer L. Smith |
Davidson County | Court of Criminal Appeals | 12/27/23 | |
Mark A. Roberts v. Ramie R. Marston Roberts
E2023-00856-COA_R3-CV
This is an appeal from a final order entered on March 17, 2023. The notice of appeal was
Authoring Judge: Per Curiam
Originating Judge:Judge Gregory S. McMillan |
Court of Appeals | 12/27/23 | ||
Ray L. Morehead v. State of Tennessee
W2022-01215-CCA-R3-PC
The Petitioner, Ray L. Morehead, appeals the denial of his petition for post-conviction relief, arguing that he received ineffective assistance of trial counsel and that his guilty pleas were unknowing, unintelligent, and involuntary. Based on our review, we affirm the judgment of the post-conviction court denying the petition.
Authoring Judge: Judge John W. Campbell, Sr.
Originating Judge:Judge W. Mark Ward |
Shelby County | Court of Criminal Appeals | 12/27/23 | |
State of Tennessee v. Giorgio Jennings
W2022-01533-CCA-R3-CD
The Appellant, Giorgio Jennings, was convicted by a Shelby County jury of six counts of
Authoring Judge: Presiding Judge Camille R. McMullen
Originating Judge:Judge Chris Craft |
Shelby County | Court of Criminal Appeals | 12/27/23 | |
State of Tennessee v. Ambreia Washington
W2022-01201-CCA-R3-CD
The Defendant, Ambreia Washington, was convicted by a Madison County Circuit Court
Authoring Judge: Judge Robert H. Montgomery, Jr.
Originating Judge:Judge Roy B. Morgan, Jr. |
Madison County | Court of Criminal Appeals | 12/27/23 | |
State of Tennessee v. Robert J. Whittenburg
E2022-01342-CCA-R3-CD
A Franklin County jury1 convicted Robert J. Whittenburg, Defendant, of two counts of first degree premeditated murder. After a sentencing hearing, the trial court imposed two consecutive life sentences. On appeal, Defendant argues: (1) the State did not present sufficient evidence of premeditation; (2) the trial court improperly denied Defendant’s request for a special jury instruction on premeditation; (3) the trial court improperly addressed concerns about irregularities during jury deliberations; and (4) the trial court impaired the jury when it briefly prohibited smoke breaks and then changed its mind. After review, we affirm the judgments of the trial court but remand the case for resolution of procedural issues related to the change of venue and entry of revised judgments.
Authoring Judge: Judge Matthew J. Wilson
Originating Judge:Judge Thomas W. Graham |
Court of Criminal Appeals | 12/27/23 |