State of Tennessee v. Rony Noe Ambrocio Cruz
E2023-00357-CCA-R3-CD
Authoring Judge: Judge Jill Bartee Ayers
Trial Court Judge: Judge Gary McKenzie

Defendant, Rony Noe Ambrocio Cruz, was convicted by a Cumberland County jury of
second degree murder. The trial court sentenced Defendant to twenty-five years to serve
at 100%. On appeal, Defendant argues that the evidence was insufficient to support his
second degree murder conviction. He also contends that the trial court erred in sentencing
when it applied an enhancement factor related to his immigration status. After a thorough
review of the record and the parties’ briefs, we affirm the judgment of the trial court.

State of Tennessee v. Timothy Hutcherson
M2023-00116-CCA-R3-CD
Authoring Judge: Judge John W. Campbell, Sr.
Trial Court Judge: Judge William R. Goodman, III

The Defendant, Timothy Hutcherson, was convicted of second degree murder, attempted second degree murder, two counts of aggravated assault, two counts of possession of a firearm during the commission of a dangerous felony, and reckless endangerment and received an effective sentence of twenty-three years in confinement. On appeal, he contends that the evidence is insufficient to support his conviction of second degree murder, that the trial court erred by failing to suppress his statement to police, and that the trial court erred by allowing the jury to hear about his gang affiliation in violation of Tennessee Rule of Evidence 404(b). Based on our review, we affirm the judgments of the trial court but remand the case to the trial court for correction of the judgment in count nine.

State of Tennessee v. Stephen Novatne
M2023-00114-CCA-R3-CO
Authoring Judge: Judge Tom Greenholtz
Trial Court Judge: Judge James A. Turner

The Defendant, Stephen Novatne, pled guilty to possessing methamphetamine in a drug-free zone and agreed to serve a sentence of eight years. He later filed a motion asking the trial court to resentence him in accordance with the 2020 amendments to the Drug-Free Zone Act. The trial court declined to do so, finding that resentencing was not in the interests of justice, and the Defendant appealed. Because the Defendant does not have an appeal as of right from a denial of resentencing under the Drug-Free Zone Act, we respectfully dismiss the appeal.

James L. Coxwell ex rel v. Watco Communities LLC et al.
E2023-00258-COA-R3-CV
Authoring Judge: D. Michael Swiney
Trial Court Judge: Judge James H. Ripley

This appeal concerns the denial of a motion to intervene. John A. Watson, Jr. (“Watson”)
moved to intervene in a lawsuit filed by James L. Coxwell, Sr. (“Coxwell”), by and through
his attorney-in-fact, Cam Coxwell Shiflett, against Watco Communities, LLC (“Watco”)
and MountainBrook Assisted Living, LLC (“MountainBrook”) (“the Companies,”
collectively). Watson and Coxwell were once in business together but had a falling out.
Coxwell sued to recover money he had loaned the Companies. Coxwell and the Companies
reached a settlement, and an agreed order was entered to that effect. Watson’s motion to
intervene came after entry of the agreed order and his having known about the litigation
for many months. Watson objects to language in the agreed order between Coxwell and
the Companies providing for joint and several liability by the Companies, which he says is
unfavorable to his interests. The Chancery Court for Sevier County (“the Trial Court”)
denied Watson’s motion to intervene, citing untimeliness. Watson appeals. We find no
abuse of discretion in the Trial Court’s denial of Watson’s motion to intervene. We affirm.

Victor Williams et al. v. Calvin Collins et al.
M2023-00452-COA-R3-CV
Authoring Judge: Judge Kenny Armstrong
Trial Court Judge: Chancellor Anne C. Martin

This is a contract dispute. The trial court granted non-resident Appellees’ Tennessee Rule of Civil Procedure 12.02(2) motion to dismiss for lack of personal jurisdiction. After conducting a de novo review, we agree with the trial court that Appellees did not have minimum contacts with Tennessee that would permit the exercise of personal jurisdiction over them. Discerning no error, we affirm.

Humberto Paulino Gomez v. State of Tennessee
E2022-00661-CCA-R3-PC
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge Alex E. Pearson

The petitioner, Humberto Paulino Gomez, appeals the denial of his petition for postconviction
relief, which petition challenged his 2020 Greene County Criminal Court guiltypleaded
convictions of second degree murder and attempted second degree murder, for
which he received an effective 20-year sentence. On appeal, the petitioner argues that he
was deprived of the effective assistance of counsel and that his plea was not knowingly and
voluntarily entered. Discerning no error, we affirm.

Benjamin L. Folkins, Et Al. v. Healthcare Group (Hong Kong) Co., Limited, Et Al.
E2022-00264-COA-R3-CV
Authoring Judge: Judge Kristi M. Davis
Trial Court Judge: Judge Kyle E. Hedrick

The defendants appeal a jury verdict rendered after several days of trial. The parties are former business associates, individuals and entities, who worked together in the manufacturing, importing, distribution, and sale of memory foam mattresses. When one of the plaintiffs withdrew from the business in 2016, he invoked a buyout provision in the parties’ operating agreement. The defendants disputed, among other things, the validity of the operating agreement and refused to pay the buyout. A protracted dispute followed, with both the plaintiffs and the defendants alleging several causes of action against one another. Following cross-motions for summary judgment in 2020, the trial court ruled that the operating agreement was not invalid for fraud or unconscionability. The case proceeded to trial on August 3, 2021. The trial lasted several days, and the jury returned a verdict largely in favor of the plaintiffs. The plaintiffs were awarded compensatory and punitive damages, as well as almost a million dollars in attorney’s fees. The defendants appealed to this Court, raising a host of issues. We conclude, however, that the trial court erred in refusing to grant the defendants a mistrial on the first day of trial. For the reasons stated herein, we vacate the jury’s verdict and the trial court’s judgment entered in this matter and remand the case for a new trial.

Reginald Hall v. Wilmington Savings Fund Society, ET Al.
E2022-01362-COA-R3-CV
Authoring Judge: Judge Kristi M. Davis
Trial Court Judge: Chancellor M. Nichole Cantrell

In April of 2018, Bank of America, N.A. (“BOA”) conducted a foreclosure sale on a piece of real property located in Anderson County, Tennessee. The property was subsequently sold to a third party. The previous homeowner, Reginald Hall (“Appellant”), initiated wrongful foreclosure proceedings against BOA, among others, in the Chancery Court for Anderson County (the “trial court”). BOA filed a motion for summary judgment on July 7, 2022. Following a hearing, the trial court entered an order granting BOA’s motion. Appellant appeals to this Court. Because Appellant’s brief does not comply with the applicable Rules of Appellate Procedure governing briefing, the issues purportedly raised are waived. The trial court is affirmed.

John Schmeeckle v. Hamilton County, TN, Et Al.
E2023-01533-COA-T10B-CV
Authoring Judge: Judge Steven Stafford
Trial Court Judge: Chancellor Pamela A. Fleenor

Appellant appeals the denial of his motion to recuse the trial judge on the grounds that the trial judge refused to explain the reasons other judges recused from the case, refused to hear evidence of misconduct against an attorney involved in the case, and allegedly ruled erroneously in several respects. Because we conclude that an ordinary person knowing all the facts known to the judge would not question the judge’s impartiality, we affirm.

T.J. Martell Foundation for Cancer Research v. KraftCPAs PLLC et al.
M2022-01821-COA-R3-CV
Authoring Judge: Judge Arnold B. Goldin
Trial Court Judge: Judge Amanda J. McClendon

This appeal followed the trial court’s certification of a final judgment pursuant to Rule 54.02 of the Tennessee Rules of Civil Procedure. Because we conclude that the trial court’s certification was improvidently granted, we dismiss the appeal.

Angellette Batts-Richardson v. Jeremiah Richardson
M2023-00395-COA-R3-CV
Authoring Judge: PER CURIAM
Trial Court Judge: Judge Bonita J. Atwood

This appeal involves a mother’s post-divorce petition for modification of alimony and child support. Because the trial court has not disposed of all of the claims raised in the mother’s petition, we dismiss the appeal for lack of a final judgment.

Christopher Gray Wallace v. Jessica Tomlin Wallace
M2022-01279-COA-R3-CV
Authoring Judge: Judge Jeffrey Usman
Trial Court Judge: Judge Adrienne Gilliam Fry

Husband and Wife divorced; the trial court divided their property. Husband appeals, asserting five errors. Two of those purported errors are related to continuances, and three are related to the trial court’s division of the couple’s property. With regard the property division, one purported error relates to the trial court’s division of certain vehicles and two purported errors relate to the trial court’s division of two parcels of real property. We conclude that both of Husband’s continuance arguments are waived. We also conclude that his property division argument as to the vehicles is waived. With regard to the real property division, we conclude the trial court made inadequate findings of fact and conclusions of law to explain its decision as to both parcels, and we vacate and remand for the trial court to render further findings of fact and conclusions of law.

Philips North America, LLC v. KPI Healthcare, Inc. et al.
M2022-01688-COA-R3-CV
Authoring Judge: Judge Kenny Armstrong
Trial Court Judge: Judge Joseph A. Woodruff

To collect on its judgment, Appellant judgment creditor served a levy on Appellee garnishee bank. Judgment creditor sought to garnish an escrow account that was subject to an escrow agreement between a third-party and judgment debtor’s representative. Garnishee bank initially responded that it did not have any funds to remit. Thereafter, garnishee bank filed an amended response and enclosed a cashier’s check for $731,598.51, the amount of funds in the escrow account; the check was made payable to the Williamson County Circuit Court. A few days later, garnishee bank filed a motion to return funds deposited into the Clerk’s Office. At trial, garnishee bank argued that it was not properly served with the levy and that, even if service was proper, judgment creditor had no right to collect the funds held in the escrow account. The trial court agreed. We conclude that garnishee bank waived any objection concerning whether the levy was properly served. The trial court’s order is otherwise affirmed.

Martrice Thomas v. State of Tennessee
W2022-00887-CCA-R3-PC
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Chris Craft

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. 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 final judgment, the Petitioner filed a
petition for post-conviction relief, alleging that her trial counsel was ineffective, and the
post-conviction court denied relief, finding that the Petitioner had received the effective
assistance of counsel. The Petitioner appealed, and we remanded the case for consideration
of the one-year post-conviction statute of limitations. After a hearing, the post-conviction
court determined that due process required the tolling of the statute of limitations. The
Petitioner subsequently filed a notice of review, requesting this court complete review of
the appeal. After review, we affirm the post-conviction court’s denial of post-conviction
relief.

State of Tennessee v. Leonard John Clemons
E2022-01290-CCA-R3-CD
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge Kyle A. Hixson

Leonard John Clemons, Defendant, was convicted of attempted burglary, burglary,
vandalism, and two counts of theft. For those convictions, Defendant was sentenced as a
career criminal to a total effective sentence of 24 years, 11 months, and 29 days. After the
trial court denied his motion for new trial, Defendant appealed. On appeal, Defendant
argues that the trial court erred by denying a continuance based on discovery violations
and that the evidence is insufficient to support his convictions. Because Defendant has
waived his challenge to discovery violations and because the evidence is sufficient to
support the convictions, we affirm the judgments of the trial court.

Laura S. Christie, et al. v. Baptist Memorial Hospital d/b/a Baptist Memorial Hospital for Women, et al.
W2022-01296-COA-R3-CV
Authoring Judge: Presiding Judge J. Steven Stafford
Trial Court Judge: Judge Jerry Stokes

Plaintiffs appeal the dismissal of their health care liability claims against a hospital and two
doctors who treated their daughter on the day of her birth and tragic death. The trial court
reluctantly ruled that the plaintiffs failed to substantially comply with Tennessee Code
Annotated section 29-26-121(a)(2)(E) and dismissed the claims as untimely. We conclude
that the plaintiffs met their burden to show substantial compliance with section 29-26-
121(a)(2)(E) as to the defendant hospital, but not the defendant doctors. We therefore
affirm in part, reverse in part, and remand for further proceedings.

In Re: Conservatorship of Jessica Abeyta
M2023-00972-COA-R3-CV
Authoring Judge: PER CURIAM
Trial Court Judge: Judge Andra J. Hedrick

This is an appeal from a final judgment in a conservatorship case. Because the appellant did not file her notice of appeal with the clerk of the appellate court within thirty days after entry of the final judgment as required by Tennessee Rule of Appellate Procedure 4(a), we dismiss the appeal.

Marcus Anthony Robey v. State of Tennessee
M2022-01257-CCA-R3-PC
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Barry R. Tidwell

In 2013, the Petitioner, Marcus Anthony Robey, pleaded guilty to evading arrest and criminal impersonation in exchange for an effective sentence of eleven months and twenty-nine days. In a bifurcated proceeding, a jury convicted the Petitioner of aggravated robbery following which he pleaded guilty to possession of a weapon by a convicted felon. For these convictions he received concurrent thirty- and fifteen-year sentences, respectively. State v. Robey, No. M2015-00306-CCA-R3-CD, 2016 WL 4487954, at *1 (Tenn. Crim. App. Aug. 25, 2016), perm. app. denied (Tenn. 2016). Thereafter, the Petitioner filed a petition for post-conviction relief, claiming that he received the ineffective assistance of counsel, that the trial court lacked subject matter jurisdiction related to the indictment, and that the State withheld evidence resulting in prosecutorial misconduct. The post-conviction court denied his petition after a hearing. After review, we affirm the post-conviction court’s judgment.

State of Tennessee v. Tailor James Simpson
W2022-01806-CCA-R3-CD
Authoring Judge: Judge Jill Bartee Ayers
Trial Court Judge: Judge Mark L. Hayes

Defendant, Tailor James Simpson, appeals the trial court’s order revoking his probationary
sentence for aggravated burglary and possession of methamphetamine with the intent to
sell or deliver. Following our review of the entire record and the briefs of the parties, we
affirm the judgment of the trial court.

Sarah Bryant v. State of Tennessee
W2022-00968-COA-R3-CV
Authoring Judge: Judge Arnold B. Goldin
Trial Court Judge: Commissioner James A. Hamilton

This appeal follows the dismissal of the appellant’s claim for damages in the Tennessee
Claims Commission. The appellant, who was injured during a class she participated in
while enrolled as a student in the occupational therapy program at the University of
Tennessee Health Science Center, submits that the Commission’s failure to find her
professor negligent was in error. For the reasons stated herein, we affirm.

Jerry P. Haley v. Grady Perry, Warden
W2023-00223-CCA-R3-HC
Authoring Judge: Judge Robert H. Montgomery, Jr.
Trial Court Judge: Judge A. Blake Neill

The Petitioner, Jerry P. Haley, appeals from the Lauderdale County Circuit Court’s
summary dismissal of his petition for a writ of habeas corpus from his convictions for
aggravated rape, aggravated kidnapping, and aggravated criminal trespass and his
effective sixty-year sentence. The Petitioner contends that the habeas corpus court erred
by dismissing his petition. We affirm the judgment of the habeas corpus court.

Diana Lynn Van Zandbergen v. Scott W. Van Zandbergen
M2022-00886-COA-R3-CV
Authoring Judge: Judge Kenny Armstrong
Trial Court Judge: Judge Vanessa Jackson

In this divorce case, Husband/Appellant appeals the amount and duration of alimony in futuro awarded to Wife/Appellee. Husband also appeals the trial court’s award of attorney’s fees to Wife for Husband’s alleged failure to comply with discovery. We conclude that the amount of alimony in futuro exceeds Wife’s need. As such, the award of alimony in futuro is modified to $3,451.00 per month and shall terminate upon Wife’s death or remarriage, or Husband’s death in accordance with Tennessee Code Annotated section 36-5-121(f)(3). We vacate the trial court’s award of $20,000.00 in attorney’s fees to Wife and remand for the trial court to enter an order containing sufficient findings of fact and conclusions of law regarding this issue pursuant to Tennessee Rule of Civil Procedure 52.01.

Ashleigh Suarez Smallman v. William H. Smallman
M2022-00592-COA-R3-CV
Authoring Judge: Presiding Judge Frank G. Clement, Jr.
Trial Court Judge: Judge Phillip R. Robinson

This is a post-divorce action in which both parents seek to modify the permanent parenting plan and the father seeks to reduce his financial support obligations. The mother filed her Petition to Modify Permanent Parenting Plan in which she requested, inter alia, a reduction of the father’s parenting time and that she be awarded sole decision-making authority for the non-emergency medical and educational decisions for the parties’ two minor children. The father filed his Counter-Petition to Modify the Parenting Plan seeking, inter alia, that he be awarded the tie-breaking vote for all medical decisions for the children; that joint decision-making authority for educational decisions be maintained between the parties; that his financial obligations be modified, including child support as well as previously agreed-upon additional educational and medical expenses; and that he be awarded more parenting time. Following a trial that spanned 10 days, the trial court found in a 53-page memorandum opinion and final order that neither party proved a material change of circumstance that justified modification of the parenting schedule. However, the court found the parents’ inability to successfully co-parent under the existing joint decision-making provision adversely affected the children’s non-emergency healthcare and educational needs. The court also found that it was in the children’s best interests that the “[m]other have sole decision-making authority over their non-emergency healthcare and day-to-day education, free of any interference or delays by the father and without being required to consult with him in advance.” The court denied the father’s request to modify child support as well as his request to modify responsibility for educational, medical, and extracurricular expenses. The father appeals. We affirm the trial court in all respects. We also find that the mother is entitled to recover the reasonable and necessary attorney’s fees and expenses she incurred in defending this appeal and remand this issue to the trial court to make the appropriate award.

In Re: Oriana Y.
E2023-00397-COA-R3-PT
Authoring Judge: Judge W. Neal McBrayer
Trial Court Judge: Judge John C. Rambo

A father appeals the termination of his parental rights to his child. The trial court terminated parental rights on the grounds of abandonment by wanton disregard and failure to manifest an ability and willingness to assume custody or financial responsibility for the child. The court also determined that termination was in the child’s best interest. We agree and affirm.

Joseph Jerome Griggs v. State of Tennessee
W2023-00100-CCA-R3-PC
Authoring Judge: Judge Robert H. Montgomery, Jr.
Trial Court Judge: Judge J. Weber McCraw

The Petitioner, Joseph Jerome Griggs, appeals from the Hardeman County Circuit Court’s
denial of his petition for post-conviction relief from his aggravated rape conviction, for
which he is serving a twenty-year sentence. On appeal, he contends that the postconviction
court erred in denying relief on his ineffective assistance of counsel claims. We
affirm the judgment of the post-conviction court.