Franklin Square Towne Homeowners Association Inc., et al. v. Joseph B. Kyles, et al.
W2016-02018-COA-R3-CV
This case involves a dispute over property. The trial court ruled that the defendants’ driveway and air conditioner pads encroached onto the plaintiffs’ property but declined to order their removal. Rather, the trial court awarded the plaintiffs damages and ruled that the encroachments could remain in place. Both parties appealed. We affirm the trial court’s conclusion that plaintiffs’ action with regard to the driveway is not barred by the Tennessee Code Annotated section 28-2-103 statute of limitations. We reverse the trial court’s ruling, however, to note that any action regarding the air conditioners and their placement is barred by the section 28-2-103 statute of limitations. We also reverse the trial court’s ruling allowing the driveway to remain in place.
Authoring Judge: Presiding Judge J. Steven Stafford
Originating Judge:Judge Walter L. Evans |
Shelby County | Court of Appeals | 05/10/17 | |
Sherra Robinson Wright v. The Estate of Lorenzen Vern-Gagne Wright, et al.
W2016-01251-COA-R3-CV
This case involves a divorced party’s request to recover unpaid child support and alimony. The petitioner filed her lawsuit in the Shelby County Circuit Court, which denied her request for relief. Although the petitioner appeals, we conclude that the trial court was without subject matter jurisdiction over the petitioner’s claims. Because the petitioner’s ex-husband is deceased and the claims at issue are against the ex-husband’s estate, the petitioner was required to file her claims against the estate in the Shelby County Probate Court. We therefore vacate the judgment of the trial court and dismiss the case for lack of subject matter jurisdiction.
Authoring Judge: Judge Arnold B. Goldin
Originating Judge:Judge Robert L. Childers |
Shelby County | Court of Appeals | 05/10/17 | |
Michael Todd Sansom v. Amanda Jane Sansom
M2016-01111-COA-R3-CV
Authoring Judge: Judge Brandon O. Gibson
Originating Judge:Judge Michael Binkley |
Williamson County | Court of Appeals | 05/10/17 | |
Deborah Lacy v. HCA Health Service of TN, Inc., et al.
M2016-01027-COA-R3-CV
Plaintiff appeals the dismissal of her case and the award of sanctions against her. The trial court dismissed the action for failure of Plaintiff to comply with the pre-suit notice and certificate of good faith requirements of the Tennessee Health Care Liability Act. Plaintiff also argues that the trial court engaged in judicial misconduct. Discerning no reversible error, we affirm the judgment as modified.
Authoring Judge: Judge Richard H. Dinkins
Originating Judge:Judge Thomas W. Brothers |
Davidson County | Court of Appeals | 05/10/17 | |
David E. Breezee v. State of Tennessee
W2015-02251-CCA-R3-PC
The Petitioner, David E. Breezee, appeals the Benton County Circuit Court’s denial of his petition for post-conviction relief from his convictions of rape of a child, rape, and two counts of incest and resulting effective thirty-four-year sentence. On appeal, he contends that he received the ineffective assistance of trial counsel, that the post-conviction court erred by denying his petition for a writ of error coram nobis, and that he is entitled to a second post-conviction evidentiary hearing due to post-conviction counsel’s deficient performance. Based upon the oral arguments, the record, and the parties’ briefs, we affirm the judgment of the post-conviction court.
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:Judge C. Creed McGinley |
Benton County | Court of Criminal Appeals | 05/09/17 | |
Raymond Buford v. State of Tennessee
W2016-00514-CCA-R3-PC
The Petitioner, Raymond Burford, was convicted of premeditated first degree murder and received a life sentence. He appeals the post-conviction court’s denial of relief arguing that trial counsel was ineffective by (1) recalling a witness knowing that she would offer evidence of the Petitioner’s prior bad acts that had not been introduced in the State’s case in chief and (2) failing to adequately research diminished capacity as a defense. Upon our review, we affirm the judgment of the post-conviction court.
Authoring Judge: Judge Camille R. McMullen
Originating Judge:Judge Glenn Ivy Wright |
Shelby County | Court of Criminal Appeals | 05/09/17 | |
State of Tennessee v. Jarvis Sherrod and Antonio Dodson
W2015-02022-CCA-R3-CD
The Defendants, Jarvis Sherrod and Antonio Dodson, were each convicted by a Shelby County Jury of three counts of especially aggravated kidnapping, two counts of aggravated robbery, one count of aggravated rape, one count of aggravated burglary, and one count of employing a firearm during the commission of a dangerous felony. Sherrod was also convicted of one count of aggravated sexual battery and was sentenced to seventy-three years’ incarceration; Antonio Dodson was sentenced to forty-four years’ incarceration. In Jarvis Sherrod’s appeal, he argues that the trial court erred by: (1) denying his motion to sever his case from that of his co-defendant; (2) denying his right to a speedy trial; (3) improperly admitting a gun into evidence at trial; (4) allowing the victims’ prior consistent statements at trial; and (5) improperly exercising its duty as thirteenth juror. In Antonio Dodson’s appeal, he argues that the trial court erred by: (1) denying his motion to sever his case from that of his co-defendant; (2) finding that the evidence was sufficient to support two of his especially aggravated kidnapping convictions; (3) allowing improper closing argument by the State; (4) allowing the victims’ prior consistent statements at trial; (5) allowing improper expert witness testimony; and (6) denying his motion to dismiss count ten of the indictment for failure to provide sufficient notice of the charge. Upon review, we affirm the judgments of the trial court.
Authoring Judge: Judge Camille R. McMullen
Originating Judge:Judge Chris Craft |
Shelby County | Court of Criminal Appeals | 05/09/17 | |
State of Tennessee v. Joshua Hill-Williams
W2015-01743-CCA-R3-CD
A Shelby County Criminal Court Jury convicted the Appellant of first degree premeditated murder, and the trial court sentenced him to life. On appeal, the Appellant contends that the evidence is insufficient to support the conviction, that the trial court erred by ruling that evidence of the victim’s gang affiliation was irrelevant to the Appellant’s claim of self-defense, that the trial court erred by admitting hearsay text messages into evidence, and that the trial court erred by giving a flight instruction to the jury. Based upon the record and the parties’ briefs, we affirm the judgment of the trial court.
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:Judge John Wheeler Campbell |
Shelby County | Court of Criminal Appeals | 05/09/17 | |
Darryl Lee Davis v. State of Tennessee
W2016-02193-CCA-R3-HC
Darryl Lee Davis, the Petitioner, filed a Petition for Writ of Habeas Corpus claiming that his twenty-five year sentence had expired and that he was being illegally restrained of his liberty. The habeas corpus court found that the Petitioner’s sentence had not expired and summarily dismissed the Petition. We affirm the judgment of the habeas corpus court.
Authoring Judge: Judge Robert L. Holloway, Jr.
Originating Judge:Judge R. Lee Moore, Jr. |
Lake County | Court of Criminal Appeals | 05/09/17 | |
Wayne Sellers v. State of Tennessee
W2016-01776-CCA-R3-PC
Wayne Sellers (“the Petitioner”) appeals the denial of post-conviction relief from his 2013 Shelby County Criminal Court conviction for aggravated rape, for which he received a sentence of twenty-three years’ incarceration. In this appeal, the Petitioner contends that he was denied the effective assistance of counsel based on trial counsel’s failure to explain the defense strategy to the Petitioner and object to the victim’s in-court identification of the Petitioner. Discerning no error, we affirm the denial of postconviction relief.
Authoring Judge: Judge Robert L. Holloway, Jr.
Originating Judge:Judge J. Robert Carter, Jr. |
Shelby County | Court of Criminal Appeals | 05/09/17 | |
State of Tennessee v. Heath Bell
W2016-00136-CCA-R3-CD
The Defendant, Heath Bell, was convicted by a Shelby County Criminal Court jury of first degree premeditated murder and first degree felony murder. The trial court merged the convictions and sentenced the Defendant to life imprisonment. The Defendant raises the following five issues on appeal: (1) whether the trial court erred by denying his motion to suppress tainted eyewitness identification testimony; (2) whether his due process rights were violated by the State’s withholding of exculpatory evidence of a possible third party perpetrator; (3) whether the trial court erred by not granting his request for a new trial based on the newly discovered exculpatory evidence; (4) whether the evidence was sufficient to establish his identity as one of the perpetrators; and (5) whether the trial court erred by limiting his closing argument. Following our review, we affirm the judgment of the trial court.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Judge Lee V. Coffee |
Shelby County | Court of Criminal Appeals | 05/09/17 | |
Gwendolyn Hagerman v. State of Tennessee
E2016-01555-CCA-R3-PC
Petitioner, Gwendolyn Hagerman, was convicted of five counts of rape of a child and sentenced to an effective sentence of sixty years. Subsequently, she sought post-conviction relief on the basis of ineffective assistance of counsel. The post-conviction court denied relief and dismissed the petition. Petitioner appealed. After a review, we affirm the denial of post-conviction relief.
Authoring Judge: Judge Timothy L. Easter
Originating Judge:Judge James F. Goodwin |
Sullivan County | Court of Criminal Appeals | 05/09/17 | |
Christopher Lee Richardson v. State of Tennessee
M2016-00793-CCA-R3-PC
A Bedford County jury convicted the Petitioner, Christopher Lee Richardson, of attempted theft of property valued at $1,000 or more but less than $10,000, disorderly conduct, possession of a schedule IV controlled substance for sale or delivery, resisting arrest, possession of a Schedule VI controlled substance, and promotion of methamphetamine manufacture. The trial court ordered an effective sentence of twelve years. On appeal, this Court affirmed the convictions and sentence. See State v. Christopher Lee Richardson, No. M2013-01178-CCA-R3-CD, 2014 WL 12651041, at *1 (Tenn. Crim. App., at Nashville, June 12, 2014), no perm. app. filed. The Petitioner filed a post-conviction petition, and following a hearing the post-conviction court denied relief. On appeal, the Petitioner maintains that he received the ineffective assistance of counsel. After review, we affirm the post-conviction court’s judgment.
Authoring Judge: Judge Robert W. Wedemyer
Originating Judge:Judge F. Lee Russell |
Bedford County | Court of Criminal Appeals | 05/09/17 | |
State of Tennessee Ex Rel. Kandi L. Smith v. Britani N. Thorne
M2016-01966-COA-R3-JV
Authoring Judge: Judge Thomas R. Frierson, II
Originating Judge:Judge Kenneth R. Goble |
Montgomery County | Court of Appeals | 05/08/17 | |
In Re: Addison P.
E2016-02567-COA-R3-PT
This is the second appeal of this case. In the first appeal, this Court vacated the judgment and remanded to the trial court only for a determination of whether mother’s failure to visit the child was willful. On remand, the trial court found that mother’s failure to visit the child was willful. We affirm the trial court’s conclusion that clear and convincing evidence established the ground of willful failure to visit by an incarcerated parent. We also affirm the trial court’s determination that termination is in the child’s best interest. Consequently, we affirm the termination of Mother’s parental rights.
Authoring Judge: Judge J. Steven Stafford
Originating Judge:Judge Jerri S. Bryant |
McMinn County | Court of Appeals | 05/08/17 | |
State of Tennessee v. Jaymes Harrison
M2016-01875-CCA-R3-CD
The Appellant, Jaymes Harrison, is appealing the trial court’s denial of his motion to correct an illegal sentence. The State has filed a motion asking this Court to affirm pursuant to Court of Criminal Appeals Rule 20. Said motion is hereby granted.
Authoring Judge: Judge Robert W. Wedemyer
Originating Judge:Judge Thomas W. Graham |
Marion County | Court of Criminal Appeals | 05/08/17 | |
State of Tennessee v. Terry Trammell
E2016-01267-CCA-R3-CD
Defendant, Terry Trammell, was convicted of two counts of theft after a jury trial. The trial court merged the two counts and sentenced Defendant to a twelve-year sentence. On appeal, Defendant challenges the trial court’s denial of a continuance and the sufficiency of the evidence. After a review, we determine Defendant waived the issue with respect to the continuance for failure to raise the issue in a motion for new trial and failure to present an adequate record on appeal. Additionally, we determine the evidence was sufficient to support the conviction. Accordingly, the judgment of the trial court is affirmed.
Authoring Judge: Judge Timothy L. Easter
Originating Judge:Judge G. Scott Green |
Knox County | Court of Criminal Appeals | 05/08/17 | |
Tina Yvette Vaughn v. Methodist Hospital Staff & Aministration
W2016-00422-COA-R3-CV
This is an appeal from the grant of summary judgment, dismissing Appellant’s defamation lawsuit against Appellee. The trial court held that Appellant’s claim sounded in slander. Because Appellant filed her lawsuit more than six months after the offending statements were made, the trial court granted summary judgment on the sole ground that the applicable statute of limitations for slander, Tenn. Code Ann. § 28-3-103, had run. Discerning no error, we affirm and remand.
Authoring Judge: Judge Kenny Armstrong
Originating Judge:Judge Robert Samual Weiss |
Shelby County | Court of Appeals | 05/08/17 | |
State of Tennessee v. Bobby E. Lee
M2016-02084-CCA-R3-CD
The Defendant, Bobby E. Lee, appeals his sentence of confinement after being convicted of two counts of delivery of Oxycodone, a Schedule II controlled substance. The trial court sentenced the Defendant to eleven months, twenty-nine days at seventy-five percent release eligibility. The Defendant argues that the trial court abused its discretion in imposing the maximum sentence and a term of incarceration. After thorough review of the record and applicable law, we affirm the judgments of the trial court.
Authoring Judge: Judge John Everett Williams
Originating Judge:Judge Gary McKenzie |
Clay County | Court of Criminal Appeals | 05/05/17 | |
State of Tennessee v. Carvin L. Thomas
M2016-01813-CCA-R3-CD
The Appellant, Carvin L. Thomas, filed a motion to correct an illegal sentence in the Davidson County Criminal Court pursuant to Tennessee Rule of Criminal Procedure 36.1. The trial court summarily dismissed the motion, and the Appellant appeals the ruling. Based upon our review of the record and the parties’ briefs, we affirm the judgment of the trial court.
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:Judge Steve R. Dozier |
Davidson County | Court of Criminal Appeals | 05/05/17 | |
In Re: Estate of Laura Copeland Farmer
M2016-01300-COA-R3-CV
This appeal arises from a will contest. The decedent-mother had four children but left the majority of her estate to one daughter. The three plaintiff-siblings allege that the defendant-daughter exercised undue influence over their mother to induce her to change her will before she died. In the midst of a bench trial, the trial court entered an involuntary dismissal sua sponte at the close of plaintiffs’ proof. The trial court found that a confidential relationship existed between the decedent-mother and the defendant daughter, but the court also found by clear and convincing evidence that the mother was not influenced in the execution of her will. For the following reasons, we vacate the dismissal and remand for further proceedings.
Authoring Judge: Judge Brandon O. Gibson
Originating Judge:Judge John Thomas Gwin |
Wilson County | Court of Appeals | 05/05/17 | |
State of Tennessee v. Henry Darnell Talley
M2016-01632-CCA-R3-CD
The Defendant, Henry Darnell Talley, pleaded guilty to attempted first degree premeditated murder, employing a firearm during the commission of a dangerous felony, reckless aggravated assault, reckless endangerment, convicted felon in possession of a weapon, and violation of an order of protection. The plea agreement provided sentences for all of the convictions except for the attempted first degree murder conviction which was to be determined by the trial court. Following a sentencing hearing, the trial court ordered the Defendant to serve twenty-three years for the attempted first degree murder conviction. The trial court also ordered partial consecutive sentencing, resulting in a total effective sentence of thirty-three years. The Defendant appeals, asserting that the twenty-three year sentence imposed is excessive. After review, we affirm the trial court’s judgment.
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Judge Steve R. Dozier |
Davidson County | Court of Criminal Appeals | 05/05/17 | |
State of Tennessee v. Thomas Antonio Ricketts
M2016-00816-CCA-R3-CD
The Defendant, Thomas Antonio Ricketts, entered guilty pleas in the Davidson County Criminal Court to two counts of facilitation of aggravated child abuse and one count of facilitation of aggravated child neglect. The trial court imposed concurrent ten-year sentences for each count, to be served in confinement. On appeal, the Defendant argues that his sentence was excessive and that the trial court erred in denying an alternative sentence. Upon review, we affirm the judgments of the trial court.
Authoring Judge: Judge Camille R. McMullen
Originating Judge:Judge J. Randall Wyatt, Jr. |
Davidson County | Court of Criminal Appeals | 05/05/17 | |
Justin Parliment v. State of Tennessee
M2016-00945-CCA-R3-PC
The Petitioner, Justin Parliment, was convicted of possession of a controlled substance in a penal institution and sentenced to eight years to be served consecutively to a previously-imposed twenty-three-year sentence for second degree murder. The Petitioner filed a petition for post-conviction relief alleging that he received the ineffective assistance of counsel, and the post-conviction court denied the petition. After a thorough review of the record and applicable law, we affirm the judgment of the post-conviction court.
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:Judge James G. Martin, III |
Hickman County | Court of Criminal Appeals | 05/05/17 | |
State of Tennessee v. Reginold C. Steed
M2016-01405-CCA-R3-CD
A Davidson County jury convicted the Defendant, Reginold C. Steed, of attempted voluntary manslaughter, especially aggravated robbery, and aggravated assault. The trial court merged the aggravated assault conviction into the especially aggravated robbery conviction and imposed an effective sentence of twenty-seven years. On appeal, the Defendant contends that (1) the jury returned inconsistent verdicts; (2) the trial court erred in declining to merge the attempted voluntary manslaughter conviction into the especially aggravated robbery conviction; and (3) his sentences are excessive. Upon reviewing the record and the applicable law, we affirm the judgments of the trial court.
Authoring Judge: Judge John Everett Williams, Jr.
Originating Judge:Judge J. Randall Wyatt, Jr. |
Davidson County | Court of Criminal Appeals | 05/05/17 |