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 | |
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 | |
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 | |
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 | |
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. 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 | |
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 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 | ||
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 | |
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 | |
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 | |
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 | |
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 | |
Joseph Marquis Jeffries v. State Of Tennessee
M2022-00865-CCA-R3-PC
The Petitioner, Joseph Marquis Jeffries, appeals the Williamson County Circuit Court’s denial of his petition for post-conviction relief from his convictions for two counts each of aggravated assault and reckless endangerment, and one count each of domestic assault, interference with emergency communications, trafficking for a commercial sex act, promotion of prostitution, and evading arrest, for which he received an effective sentence of twenty-five years. On appeal, the Petitioner contends that the post-conviction court erred by denying relief on his claims alleging that he received the ineffective assistance of counsel. Specifically, the Petitioner argues that trial counsel was ineffective by: (1) failing to adequately explore racial bias during voir dire and (2) failing to seek additional time for the Petitioner to consider the State’s plea agreement. After review, we affirm the judgment of the post-conviction court.
Authoring Judge: Judge Kyle A. Hixson
Originating Judge:Judge James G. Martin, III |
Williamson County | Court of Criminal Appeals | 09/19/23 | |
In Re Amayzha L.
M2023-00044-COA-R3-PT
This is an appeal of the termination of a father’s parental rights. The Tennessee Department of Children’s Services (“DCS”) filed a petition in the Juvenile Court for Davidson County (“Juvenile Court”) seeking the termination of the parental rights of Horace L. (“Father”) to his minor daughter Amayzha L. (“the Child”). The Juvenile Court found that DCS had established by clear and convincing evidence the following statutory grounds: (1) abandonment by failure to provide a suitable home, (2) persistence of conditions, and (3) failure to manifest an ability and willingness to assume legal and physical custody of or financial responsibility for the Child. Determining that DCS presented insufficient evidence to establish that the Child was removed from Father’s home or physical or legal custody, we reverse the grounds of abandonment by failure to provide a suitable home and persistence of conditions. We affirm the Juvenile Court’s judgment in all other respects, including the termination of Father’s parental rights.
Authoring Judge: Chief Judge D. Michael Swiney
Originating Judge:Judge Sheila Calloway |
Davidson County | Court of Appeals | 09/19/23 | |
State of Tennessee v. Jason Lee Schutt
M2022-00905-CCA-R3-CD
A Lincoln County jury convicted the Appellant, Jason Lee Schutt, of alternative counts of possession of hydrocodone with intent to sell or deliver, a Class C felony. See Tenn. Code Ann. §§ 39-17-408(b)(1)(F), -417(a), -417(c)(2)(A). The trial court properly merged the above counts, and following a sentencing hearing, the Appellant was ordered to serve nine years and six months in confinement in the Tennessee Department of Correction. In this appeal, the Appellant contends that the evidence was insufficient to support his convictions because the alleged controlled substance was not verified by chemical analysis as hydrocodone, and that the trial court erred in denying alternative sentencing. Upon our review, we affirm the judgment of the trial court.
Authoring Judge: Presiding Judge Camille R. McMullen
Originating Judge:Judge Forest A. Durard, Jr. |
Lincoln County | Court of Criminal Appeals | 09/19/23 | |
State of Tennessee v. Nicholas Kentrell Dickerson
W2022-00431-CCA-R3-CD
The Appellant, Nicholas Kentrell Dickerson, appeals the Fayette County Circuit Court’s
Authoring Judge: Presiding Judge Camille R. McMullen
Originating Judge:Judge J. Weber McCraw |
Fayette County | Court of Criminal Appeals | 09/19/23 | |
State of Tennessee v. Eleanor Grace Hoffman
M2022-00357-CCA-R3-CD
The Appellant, Eleanor Grace Hoffman, filed a motion to suppress challenging the search of her purse during a traffic stop. The trial court denied the motion, and the Appellant was convicted as charged by a Warren County jury of simple possession of methamphetamine and possession of drug paraphernalia. The Appellant’s application for judicial diversion was granted, and she was sentenced to two concurrent terms of eleven months and twentynine days suspended to supervised probation after service of ten days’ imprisonment. A probation violation order was entered, and the Appellant conceded to violating the terms of probation before the trial court. The trial court revoked her probationary judicial diversion sentence, entered judgments of conviction for simple possession of methamphetamine and possession of drug paraphernalia, and ordered the Appellant to serve eleven months and twenty-nine days’ imprisonment, with the possibility of furlough to an inpatient drug treatment facility after service of ninety days’ imprisonment. On appeal, the Appellant challenges the trial court’s denial of her motion to suppress. Alternatively, the Appellant argues that the trial court erred in revoking her diversionary probation and ordering service of her original sentence. After review, we affirm the trial court’s denial of the motion to suppress and revocation of the Appellant’s probation but remand for the trial court to make findings concerning the consequence imposed for the revocation.
Authoring Judge: Presiding Judge Camille R. McMullen
Originating Judge:Judge Larry B. Stanley, Jr. |
Warren County | Court of Criminal Appeals | 09/19/23 | |
State of Tennessee v. Dan E. Durell
E2022-01800-CCA-R3-CD
The pro se petitioner, Dan E. Durrell, appeals the Knox County Criminal Court’s summary
Authoring Judge: Judge James Curwood Witt, Jr.
Originating Judge:Judge Steven Wayne Sword |
Knox County | Court of Criminal Appeals | 09/18/23 |