Benjamin McCurry v. Agness McCurry
E2022-01037-COA-R3-CV
This is an appeal from the trial court’s denial of a petition for emergency custody and its
Authoring Judge: Judge John W. McClarty
Originating Judge:Senior Judge Thomas J. Wright |
Court of Appeals | 08/28/23 | ||
William Burkett Et Al. v. Julia Cris Stevens
E2022-01186-COA-R3-CV
This appeal concerns the enforcement of a restrictive covenant. A number of property owners (“Plaintiffs”) in the German Creek Cabin Site Subdivision sued fellow property owner Julia Cris Stevens (“Defendant”) in the Circuit Court for Grainger County (“the Trial Court”) seeking declaratory and injunctive relief. Plaintiffs sought to prevent Defendant from completing a 400 square foot structure on her lot as it would constitute a second dwelling on the original lot in contravention of a restrictive covenant. The Trial Court ruled in Plaintiffs’ favor, ordering Defendant to remove the structure and granting permanent injunctive relief. Defendant appeals. She argues, among other things that it is inequitable to require her to remove the structure. She also contends that it is not a dwelling. Discerning no reversible error, we affirm the judgment of the Trial Court.
Authoring Judge: Judge D. Michael Swiney
Originating Judge:Judge Carter Scott Moore |
Court of Appeals | 08/28/23 | ||
SPSGNVL Incorporated v. AAA Anodizing & Metal Finishing, Inc. Et Al.
E2022-01402-COA-R3-CV
This is a breach of contract action in which the plaintiff staffing agency alleged nonpayment
Authoring Judge: Judge John W. McClarty
Originating Judge:Chancellor E.G. Moody |
Court of Appeals | 08/28/23 | ||
State of Tennessee v. Carl Paige
W2022-01792-CCA-R3-CD
Defendant, Carl Paige, pleaded guilty to attempted second degree murder and agreed to an eight-year sentence with the manner of service to be determined by the trial court. Following a sentencing hearing, the trial court sentenced him to a term of eight years to be served in confinement. On appeal, Defendant argues the trial court erred in denying his request to suspend his sentence to probation. After review, we affirm the judgment of the trial court.
Authoring Judge: Judge Matthew J. Wilson
Originating Judge:Judge Jennifer Fitzgerald |
Shelby County | Court of Criminal Appeals | 08/28/23 | |
Elizabeth Christmas v. John M. Kington
E2022-00699-COA-R3-CV
Elizabeth Christmas and John M. Kington were romantically involved for many years.
Authoring Judge: Judge D. Michael Swiney
Originating Judge:Judge W. Jeffrey Hollingsworth |
Court of Appeals | 08/25/23 | ||
State of Tennessee v. Benjamin Spencer Brown
E2022-00577-CCA-R3-CD
The defendant, Benjamin Spencer Brown, appeals the trial court’s imposition of
Authoring Judge: Judge James Curwood Witt, Jr.
Originating Judge:Judge Barry A. Steelman |
Hamilton County | Court of Criminal Appeals | 08/25/23 | |
State of Tennessee v. Sean Longmire
E2022-01436-CCA-R3-CD
A Knox County jury convicted the Defendant, Sean Longmire, of one count of first degree
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Judge Steven Wayne Sword |
Knox County | Court of Criminal Appeals | 08/25/23 | |
Antonia Andreana Smith v. Anthony Kenyatta Smith
W2022-00704-COA-R3-CV
In this divorce action, Wife appeals the trial court’s classification and distribution of assets,
Authoring Judge: Presiding Judge J. Steven Stafford
Originating Judge:Chancellor Gadson W. Perry |
Shelby County | Court of Appeals | 08/25/23 | |
State of Tennessee v. Jerry Ray Mullins
W2022-01363-CCA-R3-CD
The Chester County Grand Jury indicted Defendant, Jerry Ray Mullins, for the first-degree
Authoring Judge: Judge Jill Bartee Ayers
Originating Judge:Judge Donald H. Allen |
Chester County | Court of Criminal Appeals | 08/25/23 | |
State of Tennessee v. Rodney Paul Beech
M2022-01213-CCA-R3-CD
Following the denial of his motion to suppress, the defendant, Rodney Paul Beech, pled guilty to driving under the influence (“DUI”) and DUI per se and was sentenced to eleven months and twenty-nine days suspended to probation after service of forty-eight hours in jail. As a condition of his plea, the defendant reserved the right to appeal a certified question of law pursuant to Rule 37(b)(2) of the Tennessee Rules of Criminal Procedure, challenging the denial of his motion to suppress based on lack of reasonable suspicion for the stop of his vehicle. Upon our review, we conclude the defendant failed to properly certify the question of law pursuant to Rule 37(b)(2). Accordingly, this Court is without jurisdiction, and the appeal is dismissed.
Authoring Judge: Judge J. Ross Dyer
Originating Judge:Judge Joseph A. Woodruff |
Williamson County | Court of Criminal Appeals | 08/24/23 | |
State of Tennessee v. Derrick Johnson
W2022-00425-CCA-R3-CD
A Shelby County Criminal Court jury convicted the Defendant, Derrick Johnson, of
Authoring Judge: Presiding Judge Camille R. McMullen
Originating Judge:Judge Glenn Ivy Wright |
Shelby County | Court of Criminal Appeals | 08/24/23 | |
State of Tennessee v. Casey Dewayne Hodge
E2022-00303-CCA-R3-CD
Pursuant to Tennessee Rule of Criminal Procedure 37, the defendant, Casey DeWayne
Authoring Judge: Judge James Curwood Witt, Jr.
Originating Judge:Judge Steven Wayne Sword |
Knox County | Court of Criminal Appeals | 08/24/23 | |
State of Tennessee v. Marquette Benson a/ka/ Mukes
W2022-01811-CCA-R3-CD
The pro se Defendant, Marquette Benson, aka Marquette Mukes, appeals the summary
Authoring Judge: Judge John W. Campbell, Sr.
Originating Judge:Judge Chris Craft |
Shelby County | Court of Criminal Appeals | 08/24/23 | |
State of Tennessee v. James Stephen Carder
M2022-00641-CCA-R3-CD
Defendant, James Stephen Carder, was indicted by the Marshall County Grand Jury for 36 counts of theft of property in amounts ranging from less than $1,000 to $60,000 and two counts of aggregate theft in an amount greater than $60,000 but less than $250,000. Five of the theft counts were dismissed after the close of the State’s proof, and a petit jury convicted Defendant of 24 theft counts and both aggregate theft counts. The trial court merged those individual theft convictions involving the same victim and also merged the two counts of aggregate theft, and the court sentenced Defendant as a Range II offender to an effective 20 years’ incarceration and ordered him to pay $134,990 in restitution. In this appeal, Defendant argues that the evidence was insufficient to support his convictions, that the trial court lacked subject matter jurisdiction, and that law enforcement improperly investigated the case and interfered with his contracts. Having reviewed the entire record and the briefs of the parties, we affirm the judgments of the trial court. However, we remand this case to the trial court for entry of amended judgment forms to reflect the merger of the 24 individual theft convictions into count 37, the one aggregate theft conviction.
Authoring Judge: Judge Timothy L. Easter
Originating Judge:Judge Forest A. Durard, Jr. |
Marshall County | Court of Criminal Appeals | 08/24/23 | |
Tracy Darrell Adkins v. Rhonda Forlaw Adkins
M2022-00986-COA-R3-CV
This is an appeal from a divorce decree that was initially entered in 2017, but the divorce action was not finalized until 2022. In this appeal, Wife argues that the trial court should not have divorced the parties because there were no valid grounds for divorce. Because the parties executed a valid marital dissolution agreement agreeing to be divorced on the ground of irreconcilable differences, we affirm the trial court’s decision to declare the parties divorced. We modify the divorce decree, however, to provide that Wife is awarded the divorce on that ground, consistent with the parties’ agreement. We further award Husband his attorney’s fees as required under the marital dissolution agreement.
Authoring Judge: Presiding Judge J. Steven Stafford
Originating Judge:Judge Michael Binkley |
Williamson County | Court of Appeals | 08/24/23 | |
Mack Mandrell Loyde v. State of Tennessee
M2022-01132-CCA-R3-PC
The petitioner, Mack Mandrell Loyde, 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 Jennifer Smith |
Davidson County | Court of Criminal Appeals | 08/24/23 | |
Elizabeth Rutan-Ram et al. v. Tennessee Department of Children’s Services et al.
M2022-00998-COA-R3-CV
The plaintiffs, a prospective adoptive couple and six other Tennessee taxpayers, brought this declaratory judgment action challenging the constitutionality of Tenn. Code Ann. § 36-1-147, which allows private child-placing agencies that receive state funding to deny services to prospective foster or adoptive parents based upon the agencies’ religious beliefs. A three-judge panel concluded that the plaintiffs lacked standing to challenge the statute. We have determined that the plaintiffs have standing and reverse the decision of the three-judge panel.
Authoring Judge: Judge Andy D. Bennett
Originating Judge:Chancellor Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 08/24/23 | |
Erick Bailey v. State of Tennessee
M2022-01752-CCA-R3-PC
The petitioner, Erick Bailey, appeals the post-conviction court’s denial of his petition for
Authoring Judge: Judge J. Ross Dyer
Originating Judge:Judge Jennifer Smith |
Davidson County | Court of Criminal Appeals | 08/24/23 | |
Glenard Cortez Thorne v. State of Tennessee
M2023-00294-CCA-R3-ECN
The petitioner, Glenard Cortez Thorne, appeals the denial of his petition for writ of error coram nobis by the Davidson County Criminal Court, arguing the trial court erred in dismissing the petition because newly discovered evidence exists in his case. After our review, we conclude the petition is untimely and does not present a cognizable claim for coram nobis relief. Accordingly, we affirm the denial of the petition.
Authoring Judge: Judge J. Ross Dyer
Originating Judge:Judge Steve R. Dozier |
Davidson County | Court of Criminal Appeals | 08/24/23 | |
Dennis N. Etheredge et al. v. Estate of Doris Etheredge
M2022-00451-COA-R3-CV
A husband and wife each had multiple children from prior relationships. After their marriage, the husband and wife agreed to a contract that would control the distribution of their estates, with funds passing first to the surviving spouse and then to be distributed after the second spouse’s death among their children. Both husband and wife have since died. Husband’s children brought suit, arguing that the distribution of assets in husband’s final will is contrary to the contract. Awarding summary judgment to husband’s children in this declaratory judgment action, the trial court determined that the distribution of the husband’s estate is controlled by the terms of the contract. The wife’s estate appealed. We vacate and remand.
Authoring Judge: Judge Jeffrey Usman
Originating Judge:Chancellor Ronald Thurman |
Putnam County | Court of Appeals | 08/22/23 | |
State of Tennessee v. Devon Allen Wall
M2021-00911-CCA-R3-CD
The Defendant, Devon Allen Wall, pleaded guilty to one count of aggravated robbery and was convicted by a jury of two counts of aggravated kidnapping related to the same incident. On appeal, the Defendant challenges the sufficiency of the evidence supporting his aggravated kidnapping convictions and challenges the trial court’s refusal to deliver a special jury instruction. Relative to his sufficiency challenge, the Defendant contends that there was no significant confinement or removal of the victims and that the aggravated kidnappings were incidental to the underlying crime of aggravated robbery. Regarding his second challenge, the Defendant contends that the requested jury instruction concerning “relatively trivial restraints” provided crucial guidance for the jury on Tennessee’s aggravated kidnapping statute. Following our review, we affirm the judgments of the trial court.
Authoring Judge: Judge Kyle A. Hixson
Originating Judge:Judge David D. Wolfe |
Cheatham County | Court of Criminal Appeals | 08/22/23 | |
Katy Elizabeth Hammond v. William George Hammond
M2022-01253-COA-R3-CV
A husband and wife entered into a marital dissolution agreement in 2019. Part of the agreement provided that once the husband retired from the United States Army, he would pay the wife alimony in futuro in an amount equal to the amount of military retirement to which the wife was entitled under the agreement. In 2021, the wife filed a motion for contempt alleging, inter alia, that the husband was not complying with the alimony requirements. The husband argued that the parties’ agreement was unenforceable because it is pre-empted by federal law. Following a hearing, the trial court found that the husband had failed to comply with the agreement but that the contempt was not willful. The husband appeals. Discerning no error, we affirm. We also grant the wife’s request for her appellate attorney’s fees.
Authoring Judge: Judge Kristi M. Davis
Originating Judge:Judge Kathryn Wall Olita |
Montgomery County | Court of Appeals | 08/22/23 | |
State of Tennessee v. Hilton Lee Chatman
M2022-00377-CCA-R3-CD
Defendant, Hilton Lee Chatman, was charged in an eleven-count indictment on drugrelated offenses. A jury convicted him of possession with intent to sell 0.5 grams or more of cocaine in Count 1; possession with intent to sell heroin in Count 3; possession of a firearm after having been previously convicted of a felony drug offense in Count 10; and possession of drug paraphernalia in Count 11. Defendant was found not guilty of the remaining seven counts of the indictment. The trial court sentenced Defendant as a Range II offender to a total effective sentence of twenty-four years and six months. On appeal, Defendant argues the evidence is insufficient to support his convictions, his sentence is excessive, his motion for new trial was erroneously denied, and the trial court failed to comply with Rule 11 of the Tennessee Rules of Criminal Procedure when it rejected his guilty plea. Following our review of the entire record, the briefs of the parties, and applicable authority, we affirm the judgments of the trial court.
Authoring Judge: Judge Jill Bartee Ayers
Originating Judge:Judge Forest A. Durard, Jr. |
Lincoln County | Court of Criminal Appeals | 08/22/23 | |
State of Tennessee v. Brian Allen Armstrong
W2022-01397-CCA-R3-CD
A Madison County jury convicted Defendant, Brian Allen Armstrong, of two counts of
Authoring Judge: Judge Matthew J. Wilson
Originating Judge:Judge Roy B. Morgan, Jr. |
Madison County | Court of Criminal Appeals | 08/21/23 | |
State of Tennessee v. Robert Atkins
E2022-01027-CCA-R3-CD
The Defendant, Robert Joseph Atkins, was convicted in the Knox County Criminal Court
Authoring Judge: Judge John W. Campbell, Sr.
Originating Judge:Judge Steven Wayne Sword |
Knox County | Court of Criminal Appeals | 08/21/23 |