William Rolandus Keel v. State of Tennessee
M2022-00089-CCA-R3-PC
The Petitioner, William Rolandus Keel, appeals the denial of his petition for postconviction relief from his convictions for two counts of rape of a child, arguing that the post-conviction court erred in not admitting relevant evidence consisting of a recorded phone call (“Phone Call Recording” or “recording”) between the victim and her mother, in limiting the Petitioner’s testimony at the remand evidentiary hearing, in finding that the Petitioner received the effective assistance of counsel, and in denying post-conviction relief when the Petitioner is “one hundred percent innocent and [was] wrongfully convicted.” Based on our review, we affirm the judgment of the post-conviction court.
Authoring Judge: Senior Judge John W. Campbell
Originating Judge:Judge Angelita Blackshear Dalton |
Davidson County | Court of Criminal Appeals | 06/07/23 | |
Heidi Pendas v. Christopher J. Irizarry et al.
M2022-00603-COA-R3-CV
This case involves an intrafamily dispute over a home and the alleged indebtedness thereon. The trial court found that the son committed promissory fraud with regard to the conveyance of the home and awarded the mother $180,000.00 in damages as the value of the home at the time of the conveyance. The trial court further dismissed a claim against the daughter related to a loan on the property. Both the son and the mother appeal. Discerning no reversible error, we affirm.
Authoring Judge: Presiding Judge J. Steven Stafford
Originating Judge:Chancellor Laurence M. McMillan, Jr. |
Montgomery County | Court of Appeals | 06/07/23 | |
Kristie M. Haun v. Jason B. Haun Et Al.
E2021-01012-COA-R3-CV
This is an appeal regarding the final decree of divorce for this couple. The husband’s inlaws
Authoring Judge: Judge John W. McClarty
Originating Judge:Judge Lawrence Howard Puckett |
Court of Appeals | 06/07/23 | ||
Vondell Richmond v. City of Clarksville, Tennessee
M2022-00974-COA-R3-CV
This case involves a declaratory judgment action to determine whether the plaintiff, then a member of the Clarksville City Council, was entitled to a declaration of rights concerning alleged communications between the Clarksville City Attorney and the local District Attorney General potentially pertaining to plaintiff. The trial court dismissed the action, concluding that the plaintiff was seeking an impermissible advisory opinion because there was no justiciable controversy. Having reviewed the record, we affirm.
Authoring Judge: Judge Arnold B. Goldin
Originating Judge:Judge Kathryn Wall Olita |
Montgomery County | Court of Appeals | 06/07/23 | |
State of Tennessee v. William Rimmel, III
M2022-00794-CCA-R3-CD
Defendant, William Rimmel, III, was indicted by the Marion County Grand Jury for one count of aggravated assault, two counts of reckless endangerment, one count of false imprisonment, one count of vandalism over $2,500, and one count of burglary of an automobile. The charge of false imprisonment was dismissed prior to trial. A jury found Defendant guilty of attempted aggravated assault, reckless endangerment, attempted reckless endangerment, vandalism under $1,000, and attempted burglary of an automobile. Following a sentencing hearing, the trial court denied Defendant’s request for judicial diversion and imposed an effective sentence of two years on probation following service of 11 months and 29 days in confinement. On appeal, Defendant contends that the evidence was insufficient to support his convictions, that the trial court abused its discretion in denying Defendant’s request for an alternative sentence and in ordering consecutive sentencing, that his convictions should be vacated due to the State’s failure to preserve evidence, and that the trial court gave confusing jury instructions. Based on the record, the briefs, and oral arguments, we affirm the judgments of the trial court but remand for entry of a judgment in Count 4 and amended judgment in Count 3, reflecting that those counts were dismissed, and for entry of corrected judgments in Counts 5 and 6.
Authoring Judge: Judge Timothy L. Easter
Originating Judge:Judge J. Curtis Smith |
Marion County | Court of Criminal Appeals | 06/07/23 | |
Maryam Sobhi (Soryana) Mikhail v. George Aziz Mikhail
M2021-00500-COA-R3-CV
A wife sought a divorce after a long-term marriage. The trial court granted the wife a default judgment for divorce as a sanction for the husband’s discovery abuses. After a trial, the court also valued and divided the marital estate and awarded the wife alimony in futuro. On appeal, the husband challenges the court’s decisions on multiple grounds. Discerning no reversible error, we affirm.
Authoring Judge: Judge W. Neal McBrayer
Originating Judge:Judge Clara W. Byrd |
Wilson County | Court of Appeals | 06/07/23 | |
Michael R. Adams v. Edwin Brittenum ET AL.
W2023-00800-COA-T10B-CV
A pro se petitioner seeks accelerated interlocutory review of an order denying a motion for
Authoring Judge: Judge W. Neal McBrayer
Originating Judge:Judge Gina C. Higgins |
Shelby County | Court of Appeals | 06/06/23 | |
Byron Black v. State of Tennessee
M2022-00423-CCA-R3-PD
At the heart of this appeal is a narrow procedural question: whether the 2021 amendment to Tennessee Code Annotated section 39-13-203 permits the Defendant, Byron Black, to move for a hearing on whether he has an intellectual disability and is therefore ineligible for the death penalty. The trial court dismissed the motion after determining that the Defendant was procedurally barred from bringing the issue. On appeal, we hold that because the issue of the Defendant’s intellectual disability has been previously adjudicated, he may not file a motion pursuant to Tennessee Code Annotated section 39-13-203(g)(1). We also hold that the General Assembly’s decision not to entitle the Defendant to a second hearing does not subject him to cruel and unusual punishment, nor does it deny him due process of law or the equal protection of the law. Accordingly, we respectfully affirm the judgment of the trial court.
Authoring Judge: Judge Tom Greenholtz
Originating Judge:Judge Walter C. Kurtz |
Davidson County | Court of Criminal Appeals | 06/06/23 | |
State of Tennessee v. Paul Tracy Bailes
E2022-00741-CCA-R3-CD
The Defendant, Paul Tracy Bailes, appeals from the Hamilton County Criminal Court’s
Authoring Judge: Judge Robert H. Montgomery, Jr.
Originating Judge:Judge Thomas C. Greenholtz |
Hamilton County | Court of Criminal Appeals | 06/06/23 | |
State of Tennessee v. Randy O. Reynolds
M2022-00480-CCA-R3-CD
Defendant, Randy O. Reynolds, stands convicted by a Dickson County jury of aggravated vehicular homicide (Count 1), vehicular homicide (Count 2), reckless homicide (Count 3), vehicular assault by driving under the influence (Count 4), simple possession of a schedule II controlled substance (Count 5), leaving the scene of an accident (Count 6), evading arrest (Count 7), and driving on a revoked license (Count 8). On appeal, Defendant argues (1) the trial court erred in denying his motion to suppress the results of his blood alcohol test; (2) the trial court erred in allowing the State to present expert testimony regarding the effects of intoxication; and (3) the evidence produced at trial was insufficient to support his all of his felony convictions, and his misdemeanor evading arrest conviction. After a thorough review of the record and applicable law, we affirm.
Authoring Judge: Judge Matthew J. Wilson
Originating Judge:Judge David D. Wolfe |
Dickson County | Court of Criminal Appeals | 06/06/23 | |
John Jahen v. Aer Express, Inc. Et Al.
E2022-00344-COA-R3-CV
An injured truck driver brought suit against his alleged employer seeking to recover worker’s compensation benefits. The alleged employer did not appear at trial, and the trial court entered judgment in favor of the plaintiff. Eight months later, the alleged employer moved the trial court to set aside the judgment pursuant to Tennessee Rule of Civil Procedure 60.02, on the grounds that it did not receive notice of the trial date. The trial court denied the motion, finding that the alleged employer failed to notify the court and the plaintiff of its change of address and that plaintiff would be severely prejudiced if the court set aside the judgment. Discerning no error, we affirm.
Authoring Judge: Judge Kristi M. Davis
Originating Judge:Chancellor Pamela A. Fleenor |
Hamilton County | Court of Appeals | 06/06/23 | |
John Patton Et Al. v. Anita Pearson
M2022-00708-COA-R3-CV
After a fire at a rental home, suit was brought against the tenant. During discovery, the tenant sought admissions related to the landlords’ insurance coverage and as to whether the suit was actually a subrogation action by the insurer brought in the names of the insured. As a result of resistance to disclosure, the tenant moved to compel. The trial court granted the motion. Following admissions indicating that this suit is a subrogation action by the insurer brought in the names of the insured, the tenant moved for summary judgment asserting that under the Sutton Rule she is an implied co-insured under the landlords’ insurance policy. Opposition to summary judgment was advanced based upon the purported inapplicability of the Sutton Rule and the purported applicability of the collateral source rule. The trial court granted summary judgment to the tenant. This appeal followed. We affirm the trial court’s grant of the motion to compel and summary judgment in favor of the tenant.
Authoring Judge: Judge Jeffrey Usman
Originating Judge:Judge Amanda McClendon |
Davidson County | Court of Appeals | 06/05/23 | |
Floyd Hall, III v. State of Tennessee
W2022-00642-CCA-R3-PC
The Petitioner, Floyd Hall, III, appeals the Haywood County Circuit Court’s denial of his
Authoring Judge: Judge Kyle A. Hixson
Originating Judge:Judge Clayburn Peeples |
Haywood County | Court of Criminal Appeals | 06/05/23 | |
Lyon Roofing, Inc. et al. v. James H. Griffith, Jr. et al.
E2022-00530-COA-R3-CV
This appeal involves the denial of a Tenn. R. Civ. P. 60.02 motion. In the original action,
Authoring Judge: Judge D. Michael Swiney
Originating Judge:Judge William E. Phillips, II |
Hawkins County | Court of Appeals | 06/05/23 | |
State of Tennessee v. Christopher Oberton Curry, Jr.
W2022-00814-CCA-R3-CV
A Madison County jury convicted the Defendant, Christopher Oberton Curry, Jr., of being a convicted felon in possession of a firearm, evading arrest while operating a motor vehicle, reckless driving, driving while unlicensed, violation of the registration law, and disobeying a stop sign. The trial court sentenced the Defendant to an effective sentence of ten years. On appeal, the Defendant contends that the evidence is insufficient to support his conviction for felony possession of a weapon and that an item of evidence was erroneously admitted. He further contends that the jury instructions were inaccurate and incomplete. After review, we affirm the trial court’s judgments.
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Judge Roy B. Morgan, Jr. |
Madison County | Court of Criminal Appeals | 06/05/23 | |
Thomas Builders, Inc. v. CKF Excavating, LLC
M2021-00843-COA-R3-CV
I respectfully disagree with the majority's holding that the doctrine of prior suit pending is inapplicable here. The majority's discussion of prior suit pending is contained in footnote one of its opinion. Therein, the majority notes that the Rogers Group commenced an action (the "Cheatham County case") in Cheatham County against CKF Excavating and TBI. However, the majority omits the fact that TBI filed a cross-claim against CKF in the Cheatham County case. For the reasons discussed below, it is my opinion that TBI's cross-claim triggered the doctrine of prior suit pending and vested jurisdiction in the Cheatham County court. As such, the Davidson County court did not have authority to conduct a review of the arbitrator's decision.
Authoring Judge: Judge Kenny Armstrong
Originating Judge:Chancellor Anne C. Martin |
Davidson County | Court of Appeals | 06/02/23 | |
Thomas Builders, Inc. v. CKF Excavating, LLC
M2021-00843-COA-R3-CV
An arbitrator awarded a subcontractor damages against a general contractor. In chancery court, the general contractor moved to vacate the award on the basis that the arbitrator exceeded his powers. The chancery court denied the motion to vacate and, at the request of the subcontractor, confirmed the arbitration award. We affirm.
Authoring Judge: Judge W. Neal McBrayer
Originating Judge:Chancellor Anne C. Martin |
Davidson County | Court of Appeals | 06/02/23 | |
Leah Gilliam v. David Gerregano, Commissioner of the Tennessee Department of Revenue Et Al.
M2022-00083-COA-R3-CV
Citizens of Tennessee may apply to the Tennessee Department of Revenue (the “Department”) for license plates featuring unique, personalized messages. Tennessee Code Annotated section 55-4-210(d)(2) provides that “[t]he commissioner shall refuse to issue any combination of letters, numbers or positions that may carry connotations offensive to good taste and decency or that are misleading.” After her personalized plate featuring the message “69PWNDU” was revoked by the Department, Leah Gilliam (“Plaintiff”) filed suit against David Gerregano (the “Commissioner”), commissioner of the Department, as well as the then-Attorney General and Reporter. Plaintiff alleged various constitutional violations including violations of her First Amendment right to Free Speech. The Department and the State of Tennessee (together, the “State”) responded, asserting, inter alia, that the First Amendment does not apply to personalized plate configurations because they are government speech. The lower court, a special three judge panel sitting in Davidson County, agreed with the State. Plaintiff appeals, and we reverse, holding that the personalized alphanumeric configurations on vanity license plates are private, not government, speech. We affirm, however, the panel’s decision not to assess discovery sanctions against the State. Plaintiff’s other constitutional claims are pretermitted and must be evaluated on remand because the panel did not consider any issues other than government speech. This case is remanded for proceedings consistent with this opinion.
Authoring Judge: Judge Kristi M. Davis
Originating Judge:Chancellor Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 06/01/23 | |
State of Tennessee v. Antonio Tywan James
W2022-00023-CCA-R3-CD
The Appellant, Antonio Tywan James, appeals as of right from his convictions of firstdegree
Authoring Judge: Judge Camille R. McMullen
Originating Judge:Judge Donald H. Allen |
Madison County | Court of Criminal Appeals | 06/01/23 | |
State of Tennessee v. William Vess Binkley
M2022-00132-CCA-R3-CD
Defendant, William Vess Binkley, stands convicted by a Dickson County jury of one count of rape of a child, a Class A felony, and was sentenced to forty years in the Tennessee Department of Correction. On appeal, he argues: (1) the trial court erred by not declaring a mistrial after the State introduced evidence during trial that had not been disclosed to Defendant during discovery; (2) the trial court erred by admitting the victim's forensic interview as substantive evidence; (3) the State committed prosecutorial misconduct during its closing arguments; and (4) the trial court imposed an excessive sentence. After review, we affirm the judgment of the trial court.
Authoring Judge: Judge Matthew J. Wilson
Originating Judge:Judge David D. Wolfe |
Dickson County | Court of Criminal Appeals | 05/31/23 | |
State of Tennessee v. Quincy D. Moutry
E2022-01076-CCA-R3-CD
The Defendant, Quincy D. Moutry, appeals the dismissal of his Tennessee Rule of Criminal
Authoring Judge: Judge Kyle A. Hixson
Originating Judge:Judge Steven Wayne Sword |
Knox County | Court of Criminal Appeals | 05/31/23 | |
Kristopher McMickens v. Vincent J. Perryman, as Administrator of the Estate of Alfred G. Farmer
W2022-00445-COA-R3-Cv
The plaintiff filed this personal injury action following an automobile accident in which
Authoring Judge: Judge Carma Dennis McGee
Originating Judge:Judge Jerry Stokes |
Shelby County | Court of Appeals | 05/31/23 | |
Jose Gonzalez Bonilla v. State of Tennessee
M2022-01157-CCA-R3-PC
Petitioner, Jose Gonzalez Bonilla, appeals as of right from the Sumner County Criminal Court's denial of his petition for post-conviction relief, wherein he challenged his convictions for rape of a child and aggravated sexual battery. On appeal, Petitioner asserts that he received ineffective assistance of trial counsel because counsel (1) did not inform Petitioner during plea negotiations that he would be subject to lifetime community supervision and registration on the sex offender registry if he was convicted at trial; (2) failed to object to the admission of the victim's forensic interview recording during a pretrial severance hearing; and (3) failed to object to the racial composition of the jury venire. Petitioner also argues that the cumulative effect of these errors requires relief. Following our review, we affirm.
Authoring Judge: Judge Robert L. Holloway, Jr.
Originating Judge:Judge Dee David Gay |
Sumner County | Court of Criminal Appeals | 05/31/23 | |
State of Tennessee v. Hopie Conley
E2022-00237-CCA-R3-CD
Defendant, Hopie Conley, pled guilty to two counts of aggravated assault, one count of
Authoring Judge: Judge Jill Bartee Ayers
Originating Judge:Judge James F. Goodwin, Jr. |
Sullivan County | Court of Criminal Appeals | 05/31/23 | |
State of Tennessee v. Sebakire Crode
M2021-01371-CCA-R3-CD
A Rutherford County jury found Defendant, Sebakire Crode, guilty of driving under the influence (DUI), third offense. The trial court sentenced him to eleven months, twenty-nine days, with Defendant to serve 150 days in jail and the balance on probation. On appeal, Defendant argues the evidence was insufficient to convict him of driving under the influence and that he received an excessive sentence. After review, we affirm the judgment of the trial court.
Authoring Judge: Judge Matthew J. Wilson
Originating Judge:Judge Howard W. Wilson |
Rutherford County | Court of Criminal Appeals | 05/31/23 |