State of Tennessee v. Dashun Shackleford
E2020-01712-SC-R11-CD
This appeal concerns the criminal gang-enhancement statute, Tennessee Code Annotated
Authoring Judge: Chief Justice Roger A. Page
Originating Judge:Judge Steven Wayne Sword |
Knox County | Supreme Court | 07/14/23 | |
Abigail Lynn Sevigny v. Warren Maxwell Sevigny
M2022-00953-COA-R3-CV
In this post-divorce dispute, the wife filed a petition for criminal contempt. After testimony was heard, the parties announced in broad terms that they had reached a settlement. Thereafter, the parties could not agree on the terms of the settlement. At a hearing on the husband’s motion requesting approval of his proposed order, the court dismissed the petition on grounds of double jeopardy. We have determined that the trial court erred in dismissing the case and remand for further proceedings.
Authoring Judge: Judge Andy D. Bennett
Originating Judge:Judge Philip R. Robinson |
Davidson County | Court of Appeals | 07/14/23 | |
Save Our Fairgrounds et al. v. Metropolitan Government of Nashville and Davidson County, Tennessee et al.
M2021-00074-COA-R3-CV
Citizens sought to stop the construction and operation of a soccer stadium at The Fairgrounds Nashville. The plaintiffs advanced a plethora of legal theories in support of their claims that the soccer development violated the Metro Charter. After a month-long trial, the court dismissed the plaintiffs’ claims with prejudice. On appeal, the plaintiffs raise two issues: (1) whether the trial court’s orders were final; and (2) whether the court erred in ruling that the Metro Charter did not require a public referendum before any demolition and new development could occur at the Fairgrounds. We conclude that the court’s orders were final. But, because the challenged demolition and construction have already happened, we dismiss this appeal as moot.
Authoring Judge: Judge W. Neal McBrayer
Originating Judge:Chancellor Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 07/14/23 | |
Kim Williams v. The Lewis Preservation Trust Et Al.
E2022-01034-COA-R3-CV
In 2012, Robert and Elizabeth Ann Lewis created a revocable trust and transferred thereto
Authoring Judge: Judge Kristi M. Davis
Originating Judge:Judge Melissa Thomas Willis |
Court of Appeals | 07/14/23 | ||
Dan E. Durell v. State of Tennessee
E2022-01541-CCA-R3-HC
Dan E. Durell, Petitioner, appeals from the summary dismissal of his habeas corpus
Authoring Judge: Judge Robert L. Holloway, Jr.
Originating Judge:Judge Steven Wayne Sword |
Knox County | Court of Criminal Appeals | 07/12/23 | |
Knox Community Development Corporation v. William G. Mitchell
E2023-00714-COA-R3-CV
This is an appeal from a final order entered on January 17, 2023, in the Knox County
Authoring Judge: Per Curiam
Originating Judge:Judge Charles A. Cerny Jr. |
Court of Appeals | 07/12/23 | ||
John Benbow v. L&S Family Entertainment, LLC, Et Al.
M2022-00491-COA-R3-CV
This case concerns claims of negligence against several people and entities for allegedly serving alcohol to and/or failing to protect a 20-year-old man who died in a car accident while intoxicated. John D. Benbow (“Plaintiff”), individually and as next of kin to his son, Jacob N. Benbow, deceased, filed a wrongful death action in the Sumner County Circuit Court (“the Trial Court”) against the defendants, L&S Family Entertainment, LLC d/b/a Strike & Spare (“L&S”); JPZ, LLC d/b/a Silverado Rivergate Sports Bar & Grill (“Silverado’s”); 1 Rancho Cantina, LLC (“Rancho Cantina”); Jody D. McCutchen; Brandi McCutchen; and Brenon D. McCutchen (“the McCutchens”). Certain of the defendants filed motions for summary judgment. The Trial Court granted summary judgment for Rancho Cantina, L&S, Brandi, and Jody. 2 However, the Trial Court denied summary judgment for Brenon.3 Plaintiff appeals. We affirm the Trial Court’s grant of summary judgment to Jody because Plaintiff failed to create any genuine issue of material fact that Jody took charge of Jacob. However, we reverse the Trial Court’s grants of summary judgment to Rancho Cantina, L&S, and Brandi, as genuine issues of material fact exist with respect to Plaintiff’s claims against those parties. We observe that the standard is comparative fault, not contributory negligence. Whether Jacob was at least 50% at fault for comparative fault purposes is a question not properly resolvable at this summary judgment stage under the facts of this case. We thus affirm, in part, and reverse, in part. We remand to the Trial Court for further proceedings consistent with this Opinion.
Authoring Judge: Chief Judge D. Michael Swiney
Originating Judge:Judge Joe Thompson |
Sumner County | Court of Appeals | 07/12/23 | |
State of Tennessee v. Ryan Monroe Allen
E2022-00437-CCA-R3-CD
The pro se Defendant, Ryan Monroe Allen, appeals his jury convictions for second degree |
Court of Criminal Appeals | 07/12/23 | ||
Clayton D. Richards v. Vanderbilt University Medical Center
M2022-00597-COA-R3-CV
This appeal concerns a complaint for health care liability. Although Tennessee Code Annotated section 29-26-121(c) provides for an extension of the applicable statutes of limitations in health care liability actions when pre-suit notice is given, it also specifies that “[i]n no event shall this section operate to shorten or otherwise extend the statutes of limitations or repose applicable to any action asserting a claim for health care liability, nor shall more than one (1) extension be applicable to any [health care] provider.” After a prior lawsuit was voluntarily dismissed without prejudice, Plaintiff provided new pre-suit notice and refiled in reliance on the Tennessee saving statute and an extension under Tennessee Code Annotated section 29-26-121(c). The trial court dismissed the refiled complaint with prejudice, however, holding, among other things, that Plaintiff could not utilize the statutory extension in his refiled action because he had already utilized a statutory extension in the first lawsuit. For the reasons discussed herein, we affirm the trial court’s dismissal of Plaintiff’s lawsuit.
Authoring Judge: Judge Arnold B. Goldin
Originating Judge:Judge Thomas W. Brothers |
Davidson County | Court of Appeals | 07/11/23 | |
State of Tennessee v. Luis Alexis Briceno
E2022-00414-CCA-R3-CD
Defendant, Luis Alexis Briceno, was convicted of alternative counts of driving under the
Authoring Judge: Judge Jill Bartee Ayers
Originating Judge:Judge Steven Wayne Sword |
Knox County | Court of Criminal Appeals | 07/11/23 | |
Clayton D. Richards v. Vanderbilt University Medical Center - Concurring
M2022-00597-COA-R3-CV
Although I ultimately agree with the majority’s conclusion, I write this separate concurrence to express my concerns with the result in this case.
Authoring Judge: Judge Steven Stafford
Originating Judge:Judge Thomas W. Brothers |
Davidson County | Court of Appeals | 07/11/23 | |
Gerald D. Waggoner, Jr. v. Board of Professional Responsibility of the Supreme Court of Tennessee
W2022-01294-SC-R3-BP
A Board of Professional Responsibility hearing panel found that a Shelby County
Authoring Judge: Justice Sharon G. Lee
Originating Judge:Senior Judge William B. Acree |
Shelby County | Supreme Court | 07/11/23 | |
State of Tennessee v. Frederick D. DeBerry
W2022-01530-CCA-R3-CD
The petitioner, Frederick D. DeBerry, appeals from the Fayette County Circuit Court’s summary dismissal of his pro se motion to correct an illegal sentence pursuant to Tennessee Rule of Criminal Procedure 36.1. Based on our review of the record, the parties’ briefs, and the applicable law, we conclude that the petitioner’s appeal is untimely, the interest of justice does not mandate waiver of the untimely notice, and therefore, the appeal should be dismissed.
Authoring Judge: Judge J. Ross Dyer
Originating Judge:Judge J. Weber McCraw |
Fayette County | Court of Criminal Appeals | 07/11/23 | |
State of Tennessee v. Rex Allen Moore
E2022-01364-CCA-R3-CD
Defendant, Rex Allen Moore, appeals the trial court’s revocation of his probation after
Authoring Judge: Judge Robert L. Holloway, Jr.
Originating Judge:Judge G. Scott Green |
Knox County | Court of Criminal Appeals | 07/11/23 | |
State of Tennessee v. Undray Luellen
W2022-01489-CCA-R3-Cd
The petitioner, Undray Luellen, appeals the denial of his Rule 36.1 motion to correct an
Authoring Judge: Judge J. Ross Dyer
Originating Judge:Judge Jennifer Fitzgerald |
Shelby County | Court of Criminal Appeals | 07/11/23 | |
Benjamin Scott Brewer v. State of Tennessee
E2022-01191-CCA-R3-PC
Petitioner, Benjamin Scott Brewer, appeals as of right from the Hamilton County Criminal
Authoring Judge: Judge Robert L. Holloway, Jr.
Originating Judge:Judge Don W. Poole |
Hamilton County | Court of Criminal Appeals | 07/11/23 | |
Mike Snodgrass v. AHA Mechanical Contractors, LLC
W2022-00105-COA-R3-CV
Plaintiff, Defendant’s former employee, filed suit under the Fair Labor Standards Act
Authoring Judge: Judge Arnold B. Goldin
Originating Judge:Judge Robert Samual Weiss |
Shelby County | Court of Appeals | 07/11/23 | |
In Re Paisley J.
W2022-01059-COA-R3- PT
In this case involving termination of the father’s parental rights to his children, the trial
Authoring Judge: Judge Thomas R. Frierson, II
Originating Judge:Chancellor William C. Cole |
Tipton County | Court of Appeals | 07/10/23 | |
State of Tennessee v. Marquez Billingsley
E2022-01419-CCA-R3-CD
The Defendant, Marquez Travell Billingsley, pleaded guilty to conspiracy with intent to
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Judge Steven Wayne Sword |
Knox County | Court of Criminal Appeals | 07/10/23 | |
Ricky Campbell, Jr. v. State of Tennessee
E2022-01526-CCA-R3-PC
The Petitioner, Ricky Campbell, Jr., pleaded guilty to theft of more than $10,000.
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Judge Alex E. Pearson |
Hawkins County | Court of Criminal Appeals | 07/10/23 | |
In Re Zayda C.
E2022-01483-COA-R3-PT
This action involves the termination of a father’s parental rights to his child. Following a
Authoring Judge: Judge John W. McClarty
Originating Judge:Judge Kenlyn Foster |
Blount County | Court of Appeals | 07/10/23 | |
Martrice Thomas v. State of Tennessee
W2022-00887-CCA-R3-PC
A Shelby County jury convicted the Petitioner, Martrice Thomas, of first degree premeditated murder. The Petitioner appealed her conviction, and this court affirmed the trial court’s judgment. State v. Martrice Thomas, No. W2017-02489-CCA-R3-CD, 2018 WL 6266277, at *1 (Tenn. Crim. App., Nov. 29, 2018), perm. app. denied (Tenn. March 28, 2019). On April 6, 2020, more than a year after the expiration of the statute of limitations, the Petitioner filed a petition for post-conviction relief, alleging that her trial counsel was ineffective. After a hearing, the trial court denied relief, finding that the Petitioner had received the effective assistance of counsel. The Petitioner appeals, maintaining that her trial counsel was ineffective for failing to introduce evidence of Battered Woman Syndrome at trial. Because the post-conviction court treated the petition as timely from the outset of the hearing, thereby preempting any proof the Petitioner may have presented to show that due process considerations required tolling of the statute of limitations, we remand the case for a hearing on the sole issue of the statute of limitations.
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Judge Chris Craft |
Shelby County | Court of Criminal Appeals | 07/07/23 | |
Jessie Dotson v. State of Tennessee
W2019-01059-SC-R11-PD
This appeal involves a capital post-conviction petitioner’s expert funding requests under
Authoring Judge: Justice Sharon G. Lee
Originating Judge:Special Judge James C. Beasley, Jr. |
Shelby County | Supreme Court | 07/07/23 | |
State of Tennessee v. Paula Christine Hutcherson
W2022-01046-CCA-R3-CD
Paula Christine Hutcherson, Defendant, appeals after a jury found her guilty of eight counts of unlawful possession of a firearm in violation of Tennessee Code Annotated section 39-17-1307(b)(1)(B). The trial court subsequently sentenced her to ten years for each conviction, to be served concurrently, and ordered the sentences suspended to supervised probation. On appeal, Defendant argues that her prior convictions for obtaining drugs by fraud are not “felony crimes of violence” or “felony drug offenses” within the meaning of Tennessee Code Annotated section 39-17-1307(b)(1) and that her convictions must be reversed. Because we determine that Defendant’s prior convictions for obtaining drugs by fraud are felony drug offenses for the purposes of Tennessee Code Annotated section 39-17-1307(b)(1)(B), we affirm Defendant’s convictions. However, during our review of the record, we identified possible clerical errors on the judgment forms concerning the arrest date and pretrial jail credit dates. On remand, the trial court should enter corrected judgment forms if necessary.
Authoring Judge: Judge Timothy L. Easter
Originating Judge:Judge J. Brent Bradberry |
Decatur County | Court of Criminal Appeals | 07/07/23 | |
Travis G. Bumbalough v. Rachel M. Hall
M2022-01003-COA-R3-CV
This appeal arises from a petition to establish parentage and a parenting plan pursuant to Tennessee Code Annotated § 36–2–311 for a child born out of wedlock. In finding that the statutory best interest factors set forth in Tennessee Code Annotated § 36-6-106(a) favored the father, the trial court designated the father as the primary residential parent of the parties’ minor child and ruled that the child would live with the father in Tennessee during the school year and spend the majority of the summers and holidays with Mother in Texas. The mother appeals. We affirm.
Authoring Judge: Presiding Judge Frank G. Clement, Jr.
Originating Judge:Judge Steven D. Qualls |
Putnam County | Court of Appeals | 07/07/23 |