In Re Estate of Willie C. Chaney
E2022-01051-COA-R3-CV
This appeal involves a dispute between family members regarding their father’s/grandfather’s estate. Following the filing of an action to probate the decedent’s will by his daughter, the decedent’s son and grandson contested the will. The trial court conducted a bench trial, subsequently entering an order determining that the residuary clause in the decedent’s will was invalid due to undue influence by his daughter. The court also held that the decedent’s son and grandson had proven that a portion of the decedent’s real property should be vested in the son due to a “resulting/constructive” trust. The decedent’s daughter and her son have appealed the trial court’s rulings. Discerning no reversible error, we affirm.
Authoring Judge: Judge Thomas R. Frierson, II
Originating Judge:Judge Deborah C. Stevens |
Court of Appeals | 09/28/23 | ||
In Re Estate of Willis Seeber
E2022-01476-COA-R3-CV
This appeal arises from a dispute over the estate of Mrs. Willie Seeber. Mrs. Seeber left a purported Last Will and Testament executed in 2021,which the personal representative named therein has offered to the Probate Court for Loudon County for solemn form probate. However, various family members and friends of Mrs. Seeber seek to challenge this will and allege Mrs. Seeber lacked testamentary capacity and was unduly influenced to execute the will. The contestants rely upon earlier testamentary documents to establish standing to bring a will contest. The proponent appeals an order of the probate court holding the contestants have standing to bring a will contest. We hold the probate court did not err in its various findings and affirm the judgment of the probate court. This case is remanded for further proceedings.
Authoring Judge: Judge Kristi M. Davis
Originating Judge:Judge Rex Alan Dale |
Court of Appeals | 09/27/23 | ||
Jim Hysen v. T.A. Smythe
M2022-00816-COA-R3-CV
Because the notice of appeal was untimely, this Court lacks subject-matter jurisdiction over the appeal. Appeal dismissed.
Authoring Judge: Judge Kenny Armstrong
Originating Judge:Judge Joseph A. Woodruff |
Williamson County | Court of Appeals | 09/27/23 | |
Janette C. Gates v. Hans M. Switzer
M2021-01552-COA-R3-CV
During the pendency of a divorce, Wife was convicted of one count of criminal contempt. Wife filed a notice of appeal subsequent to this conviction. Before Wife’s initial appeal was heard, the trial court entered its order granting the parties a divorce. Wife filed another notice of appeal challenging the outcome of the divorce. We consolidated the respective appeals, and now, upon our review, we affirm the judgment of the trial court in both the contempt and divorce proceedings.
Authoring Judge: Judge Arnold B. Goldin
Originating Judge:Judge Phillip R. Robinson |
Davidson County | Court of Appeals | 09/27/23 | |
State of Tennessee v. Tyrell Webb
W2023-00195-CCA-R3-CD
The defendant, Tyrell Webb, pleaded guilty to rape, and the trial court imposed a sentence
Authoring Judge: Judge J. Ross Dyer
Originating Judge:Judge A. Melissa Boyd |
Shelby County | Court of Criminal Appeals | 09/27/23 | |
State of Tennessee v. Mario Deshon Murray
M2022-01525-CCA-R3-CD
The defendant, Mario Deshon Murray, pleaded guilty to unlawful possession of a firearm after being convicted of a felony involving violence, and the trial court imposed a sentence of fifteen years’ incarceration in the Tennessee Department of Correction. On appeal, the defendant argues the trial court erred in denying his request for alternative sentencing, in misapplying mitigating factors, and in imposing consecutive sentences. After reviewing the record and considering the applicable law, we affirm the judgment of the trial court.
Authoring Judge: Judge J. Ross Dyer
Originating Judge:Judge Cheryl A. Blackburn |
Davidson County | Court of Criminal Appeals | 09/27/23 | |
Judie Snipes v. Skin Cancer & Cosmetic Dermatology Center P.C. Et Al.
E2023-00386-COA-R3-CV
This is an appeal from a final order entered on February 10, 2023. The Notice of Appeal
Authoring Judge: Per Curiam
Originating Judge:Judge John B. Bennett |
Court of Appeals | 09/27/23 | ||
State of Tennessee v. William Michael Bowers
M2022-00949-CCA-R3-CD
A Maury County jury convicted the Defendant, William Michael Bowers, of vehicular homicide by intoxication, a Class B felony, and driving under the influence, a Class A misdemeanor. The Defendant appeals, contending that (1) the trial court violated his right to confrontation by allowing a witness to testify via video rather than in person; and (2) the evidence was insufficient to support his convictions. Following our review, we affirm the judgments of the trial court.
Authoring Judge: Judge Kyle A. Hixson
Originating Judge:Judge Stella L. Hargrove |
Maury County | Court of Criminal Appeals | 09/25/23 | |
State of Tennessee v. William Michael Bowers
M2022-00949-CCA-R3-CD
I must respectfully disagree with the conclusion reached by the majority in holding
Authoring Judge: Presiding Judge Camille R. McMullen
Originating Judge:Judge Stella L. Hargrove |
Maury County | Court of Criminal Appeals | 09/25/23 | |
Teresa Thompson Locke et al. v. Jason D. Aston, M.D. et al.
M2022-01820-COA-R9-CV
This is a health care liability action filed by a patient and her husband alleging serious injury as a result of surgery. The plaintiffs learned that the defendants had taken surveillance videos and sought discovery of those videos. The trial court allowed discovery of only the videos that the defendants intended to use at trial for impeachment purposes. The trial court gave the plaintiffs permission to seek an appeal under Tenn. R. Civ. P. 9. This Court granted the appeal. We affirm the trial court’s decision.
Authoring Judge: Judge Andy D. Bennett
Originating Judge:Judge Amanda J. McClendon |
Davidson County | Court of Appeals | 09/25/23 | |
Gresham, Smith and Partners v. Middleburg Real Estate Partners, LLC
M2021-01459-COA-R3-CV
In this breach of contract dispute between an engineering consulting firm and a real estate development company, we review the trial court’s holding that the real estate development company breached the contract between the parties as well as the court’s award of attorneys’ fees to the engineering consulting firm. We affirm the court’s decision in all respects. Because the parties’ agreement states that the prevailing party in litigation arising from or related to the contract shall be entitled to attorneys’ fees and costs, we remand the case to the trial court with instructions for the trial court to award the engineering firm its reasonable and necessary attorneys’ fees and costs incurred in this appeal.
Authoring Judge: Judge Andy D. Bennett
Originating Judge:Chancellor Patricia Head Moskal |
Davidson County | Court of Appeals | 09/25/23 | |
Michael Briars, et al. v. John Irving, et al.
W2022-01159-COA-R3-CV
Plaintiffs sued for injuries and damages allegedly resulting from an automobile accident.
Authoring Judge: Judge W. Neal McBrayer
Originating Judge:Judge A. Blake Neill |
Tipton County | Court of Appeals | 09/22/23 | |
State of Tennessee v. Tracey Lynn Carter
M2022-00769-CCA-R3-CD
The Appellant, Tracey Lynn Carter, was convicted by a Lincoln County jury of attempted aggravated assault, resisting arrest, disorderly conduct, and public intoxication. He received an effective sentence of eight years’ imprisonment. On appeal, the Appellant alleges that: (1) the evidence is insufficient to support his conviction for attempted aggravated assault; (2) the trial court erred in failing to instruct the jury on voluntary intoxication; and (3) the trial court erred in denying a sentence of split confinement. After review, we affirm the trial court’s judgments.
Authoring Judge: Presiding Judge Camille R. McMullen
Originating Judge:Judge Forest A. Durard, Jr. |
Lincoln County | Court of Criminal Appeals | 09/22/23 | |
State of Tennessee v. Timothy Michael Crabtree
W2022-01008-CCA-R3-CD
The Defendant, Timothy Michael Crabtree, was convicted in the Henry County Circuit
Authoring Judge: Judge John W. Campbell, Sr.
Originating Judge:Judge Donald E. Parish |
Henry County | Court of Criminal Appeals | 09/22/23 | |
State of Tennessee v. Cedric Konard Mitchell
M2022-00948-CCA-R3-CD
The Defendant, Cedric Konard Mitchell, appeals the trial court’s revocation of his ten-year
Authoring Judge: Judge Kyle A. Hixson
Originating Judge:Judge Russell Parkes |
Giles County | Court of Criminal Appeals | 09/22/23 | |
State of Tennessee v. Raghu Singh
W2022-01560-CCA-R3-CD
A Shelby County jury found the Defendant, Mr. Raghu Singh, guilty of two counts of
Authoring Judge: Judge Tom Greenholtz
Originating Judge:Judge Chris Craft |
Shelby County | Court of Criminal Appeals | 09/21/23 | |
State of Tennessee v. Charles D. Perry
M2022-00643-CCA-R3-CD
A Cheatham County jury convicted the Defendant, Charles D. Perry, of two counts of rape
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Judge Larry Wallace |
Cheatham County | Court of Criminal Appeals | 09/21/23 | |
Benjamin McCurry v. Agness McCurry
E2023-00995-COA-R3-CV
Because the order from which the appellant has filed an appeal does not constitute a final
Authoring Judge: Per Curiam
Originating Judge:Judge Thomas J. Wright |
Court of Appeals | 09/21/23 | ||
Samuel Adam Reese v. Lynette Erin Reese
E2022-01116-COA-R3-CV
This appeal arises from a divorce. After trial, the trial court entered a final decree of
Authoring Judge: Judge Carma Dennis McGee
Originating Judge:Judge Dennis W. Humphrey |
Court of Appeals | 09/21/23 | ||
State of Tennessee, ex rel., Nene Gloria Ananaba v. Okebugwu Sunju Ananaba
W2022-00443-COA-R3-CV
Mother filed a petition alleging civil and criminal contempt against the father of her child
Authoring Judge: Presiding Judge J. Steven Stafford
Originating Judge:Magistrate Nancy Percer Kessler |
Shelby County | Court of Appeals | 09/21/23 | |
Jon Vazeen v. Martin Sir
M2022-00273-COA-R3-CV
Former client sued his former attorney for legal malpractice and fraud. The trial court initially dismissed all claims, but was reversed on appeal as to the fraud claims. The trial court then held a bench trial and found in favor of the defendant attorney. In a second appeal, this Court affirmed the dismissal of all fraud claims except a fraud claim related to the hourly rate charged under the parties’ written contract. That claim was remanded to the trial court for purposes of consideration of the factors outlined in in Alexander v. Inman, 974 S.W.2d 689 (Tenn. 1998). On remand, the trial judge denied the plaintiff’s efforts to disqualify him from the case and to enlarge the scope of the trial. A bench trial was eventually held, despite the plaintiff’s multiple efforts to postpone. After a late motion to continue was denied, the plaintiff did not attend trial. Following the bench trial, the trial court once again ruled in favor of the defendant attorney, resulting in the dismissal of all claims against him. Discerning no reversible error, we affirm.
Authoring Judge: Presiding Judge J. Steven Stafford
Originating Judge:Judge Don R. Ash |
Davidson County | Court of Appeals | 09/21/23 | |
State of Tennessee v. Amanda Jean Phillips
E2022-01699-CCA-R3-CD
The Defendant, Amanda Jean Phillips, appeals the trial court’s denial of her motion to “Set
Authoring Judge: Judge Kyle A. Hixson
Originating Judge:Judge Zachary R. Walden |
Scott County | Court of Criminal Appeals | 09/20/23 | |
William Patrick Roberson A/K/A William Patrick Robinson v. State of Tennessee
W2022-01408-CCA-R3-PC
The petitioner, William Patrick Robinson, appeals pro se from the Circuit Court of
Authoring Judge: Judge J. Ross Dyer
Originating Judge:Judge Bruce Irwin Griffey |
Carroll County | Court of Criminal Appeals | 09/20/23 | |
Jason White v. State of Tennessee
W2022-01437-CCA-R3-PC
Petitioner, Jason White, appeals from the Shelby County Criminal Court’s denial of his petition for post-conviction relief. On appeal, Petitioner argues: (1) the post-conviction court abused its discretion by failing to recuse itself; (2) the post-conviction court abused its discretion by denying Petitioner a full and fair post-conviction procedure; (3) trial counsel provided ineffective assistance in numerous areas; and (4) he is entitled to relief based on cumulative error. After review, we affirm the judgment of the post-conviction court, but remand the case to the post-conviction court for the entry of amended judgments that properly reflect the offenses for which Petitioner was indicted and convicted.
Authoring Judge: Judge Matthew J. Wilson
Originating Judge:Judge J. Robert Carter, Jr. |
Shelby County | Court of Criminal Appeals | 09/20/23 | |
Mark T. Stinson, Sr. v. Mr. Cooper
W2023-00161-COA-R3-CV
Appellant, Mark T. Stinson, has appealed an order of the Shelby County Chancery Court
Authoring Judge: Per Curiam
Originating Judge:Chancellor JoeDae L. Jenkins |
Shelby County | Court of Appeals | 09/20/23 |