State of Tennessee v. Christopher Joe Whaley
E2023-01099-CCA-R3-CD
Authoring Judge: Judge J. Ross Dyer
Trial Court Judge: Judge Rex Henry Ogle

A Sevier County jury found the defendant, Christopher Joe Whaley, guilty of possession of a firearm by a
convicted felon, possession of drug paraphernalia, and a seatbelt violation for which he received an effective
sentence of sixteen years in confinement. On appeal, the defendant contends the evidence presented at trial was
insufficient to support his conviction; the trial court erred in sentencing; and the judgments entered were
incorrect and failed to properly award the defendant his pretrial jail credit. Upon our review of the record, the
parties’ briefs, and oral arguments, we affirm the defendant’s convictions and sentences, but remand for the
determination by the trial court as to whether the defendant is entitled to pretrial jail credit and for entry of
corrected judgments in Counts 2 and 4.

Sevier Court of Criminal Appeals

State of Tennessee v. Logan Darby Helton
E2023-01132-CCA-R3-CD
Authoring Judge: Judge Robert L. Holloway
Trial Court Judge: Judge Sandra N.C. Donaghy

Logan Darby Helton, Defendant, claims the trial court abused its discretion by denying his application for judicial diversion relative to his guilty-pleaded convictions for aggravated burglary, aggravated criminal trespass, and unlawful photographing in violation of privacy. Following a thorough review of the record and applicable law, we affirm the judgments of the trial court but remand the case for entry of a corrected judgment form in Count 2 reflecting a sentence of eleven months twenty-nine days.

Bradley Court of Criminal Appeals

State of Tennessee v. Chad Anthony Turner
E2023-00577-CCA-R3-CD
Authoring Judge: Judge Jill Bartee Ayers
Trial Court Judge: Judge Andrew M. Freiberg

Defendant, Chad Anthony Turner, entered an open guilty plea to theft of property $250,000 or more, a Class A felony. He was sentenced to sixteen years’ incarceration and ordered to pay $100,000, in restitution to be paid in monthly installments of $700, should he make parole. On appeal, Defendant contends the trial court erred by imposing a restitution amount without any significant findings on Defendant’s financial resources and ability to pay and conditioned on the possibility of parole, by ordering a restitution amount which could not be satisfied prior to the end of his sentence, and by denying his request for an alternative sentence. Upon review of the record, the parties’ briefs, and the applicable law, we affirm the judgment of the trial court regarding the length and manner of Defendant’s sentence. However, we reverse the trial court’s restitution order and remand for a new restitution hearing consistent with this opinion.

Bradley Court of Criminal Appeals

Diane Bailey v. Donald Cobb
E2024-00285-COA-R3-CV
Authoring Judge: Per Curiam
Trial Court Judge: Chancellor James W. Brooks, Jr.

This is an appeal from a final order entered on January 23, 2024. The notice of appeal was not filed with the Appellate Court Clerk until February 23, 2024, more than thirty days from the date of entry of the order from which the appellant is seeking to appeal. Because the notice of appeal was not timely filed, we have no jurisdiction to consider this appeal.

Anderson Court of Appeals

State of Tennessee v. Roger Earl England
E2022-01392-CCA-R3-CD
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge Kyle A. Hixson

Defendant, Roger Earl England, appeals as of right from his conviction for first degree
premeditated murder, for which he is serving a life sentence. On appeal, Defendant
contends that (1) the evidence of premeditation is insufficient to support his conviction; (2)
the trial court erred by admitting Defendant’s jail telephone calls and emails, which alerted
the jury to Defendant’s pretrial incarceration; (3) the prosecutor made improper statements
during the State’s closing and rebuttal arguments; (4) the trial court erred by instructing the
jury that destruction of evidence could be considered evidence of guilt only as to the
charged offense of first degree murder and by declining to instruct the jury on voluntary
manslaughter as a lesser-included offense; and (5) the cumulative effect of these errors
entitles him to a new trial. After a thorough review of the evidence and applicable case
law, we affirm

Knox Court of Criminal Appeals

In Re Dezeray H.
W2022-01312-COA-R3-PT
Authoring Judge: Judge John W. McClarty
Trial Court Judge: Chancellor Gadson W. Perry

This action involves the termination of a mother’s parental rights to her minor child. Following a bench trial, the court found that clear and convincing evidence existed to establish the following statutory grounds of termination: (1) abandonment by failure to visit; (2) abandonment by failure to support; (3) abandonment by failure to provide a suitable home; (4) substantial noncompliance with the permanency plans; (5) the persistence of conditions which led to removal; (6) severe child abuse; and (7) failure to manifest an ability and willingness to assume custody of the child. The court also found that termination was in the best interest of the child. We affirm the trial court’s ultimate termination decision.

Shelby Court of Appeals

State of Tennessee v. Horace Andrew Tyler Nunez
E2023-00193-CCA-R3-CD
Authoring Judge: Judge Matthew J. Wilson
Trial Court Judge: Judge Kyle A. Hixson

A Knox County jury convicted Horace Andrew Tyler Nunez, Defendant, of one count of first degree premeditated murder and four counts of reckless endangerment. On appeal, Defendant advances multiple arguments related to: admissibility of evidence; improper jury communications; sufficiency of the evidence; failing to instruct the jury on voluntary manslaughter; and sentencing. The State argues: the trial court did not err, or alternatively, any error was harmless; the evidence was sufficient; and the sentence was proper. After review, we affirm the judgments of the trial court.

Knox Court of Criminal Appeals

Robert H. Beckham et al. v. City of Waynesboro, Tennessee
M2023-00654-COA-R3-CV
Authoring Judge: Presiding Judge Frank G. Clement, Jr.
Trial Court Judge: Judge Christopher V. Sockwell

In this personal injury action, the plaintiff slipped and fell while jumping off of a diving board during a visit to a city owned pool, injuring his knee. Thereafter, the plaintiff sued the city based on negligence to recover for his injuries sustained from the accident and his wife sought damages for a derivative claim for loss of consortium. The city filed an answer, raising the Tennessee Recreational Use Statute (hereinafter “the TRUS”) as an affirmative defense. The city then filed a motion for summary judgment, arguing that it was immune from liability under the TRUS because the city is a “landowner” as defined by the TRUS, the plaintiff was engaged in a “recreational activity” listed in the TRUS at the time of the accident, and none of the exceptions or limitations to the TRUS were applicable. The trial court agreed and granted summary judgment in favor of the city. The trial court found that the language of the TRUS is not ambiguous and found that the city was immune from liability under the TRUS because the city pool, which is government-owned property, was being used for recreation at the time of the plaintiff’s injury and involved an activity included in the TRUS, “water sports.” The plaintiffs appeal the trial court’s holding that swimming in a city pool is a recreational activity protected under the TRUS. For the reasons stated below, we affirm.

Wayne Court of Appeals

State of Tennessee v. Kelby Lerha Taylor
W2023-00693-CCA-R3-CD
Authoring Judge: Judge Kyle A. Hixson
Trial Court Judge: Judge J. Weber McCraw

The Defendant, Kelby Lerha Taylor, appeals his convictions for nine counts of incest, eight counts of rape, three counts of sexual battery by an authority figure, two counts of aggravated assault, and one count of aggravated rape. Specifically, the Defendant argues that his substantive due process and fair trial rights were violated when the State, after its case-in-chief, dismissed a count charging continuous sexual abuse of a child under the Child Protection Act (“CPA”). This dismissal occurred after the Defendant had previously withdrawn a motion to sever the offenses based upon his understanding that the presence of the CPA charge necessitated joinder of at least some of the offenses. The Defendant additionally challenges the sufficiency of the evidence supporting his convictions. After review, we affirm the judgments of the trial court.

McNairy Court of Criminal Appeals

State of Tennessee v. Terrance Collins
W2023-01150-CCA-R3-CD
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge Carlyn L. Addison

Terrance Collins (“Defendant”) appeals from his Shelby County Criminal Court conviction for aggravated arson, a Class A felony, and resulting twenty-year sentence. Defendant contends that the evidence was insufficient to support his conviction and that the trial court abused its discretion by imposing more than the minimum in-range sentence. Following a thorough review, we affirm the judgment of the trial court.

Shelby Court of Criminal Appeals

The Wise Group, Inc. et al. v. Dwight Holland et al.
M2023-00366-COA-R3-CV
Authoring Judge: Judge Kenny Armstrong
Trial Court Judge: Chancellor I’Ashea L. Myles

Appellees brought suit under the Tennessee Uniform Fraudulent Transfer Act to recover attorney’s fees incurred in attempting to collect an underlying judgment from one of the Appellants. The trial court awarded Appellees’ attorney’s fees. Because the Act does not authorize the recovery of attorney’s fees, we reverse.

Davidson Court of Appeals

Estate of John A. Queener v. Jim Griffith
E2023-00722-COA-R3-CV
Authoring Judge: Judge Kristi M. Davis
Trial Court Judge: Chancellor John F. Weaver

The Estate of John A. Queener (the “Estate”), by and through Personal Representative, Carolyn Q. Junck, seeks to recover funds paid out with respect to two certificates of deposit (“CDs”) owned by the decedent, John A. Queener (the “Decedent”), at the time of his death and funds paid from the Decedent’s checking account during his lifetime. The Estate sued Jim Griffith (“Mr. Griffith”), stepson of the Decedent, and relied upon legal theories of undue influence, fraud and/or fraud in the inducement, lack of competency in the contract, and conversion. Following a bench trial, the trial court awarded the Estate $13,355.05 plus pre- and post-judgment interest against Mr. Griffith to reimburse the Estate for a number of checks that Mr. Griffith wrote from the Decedent’s checking account during the Decedent’s lifetime. The trial court denied the Estate any recovery with respect to the CDs. On appeal, the Estate and Mr. Griffith both raise issues with the trial court’s judgment. Discerning no error, we affirm.

Knox Court of Appeals

In Re Angel S. Et Al.
E2023-00782-COA-R3-PT
Authoring Judge: Judge Arnold B. Goldin
Trial Court Judge: Judge Brian J. Hunt

This appeal involves our review of the trial court’s decision to terminate the parental rights of a mother to her two minor children. Having carefully reviewed the record transmitted to us on appeal, we affirm the trial court’s termination of the mother’s parental rights.

Anderson Court of Appeals

Darlene Hall v. Quality Center for Rehabilitation and Healing, LLC
M2022-01028-COA-R3-CV
Authoring Judge: Presiding Judge Frank G. Clement, Jr.
Trial Court Judge: Judge Michael Wayne Collins

This is an appeal from an order denying a nursing home’s motion to compel arbitration and stay proceedings in a wrongful death action commenced by a former resident’s wife. The nursing home argued that the wife was bound by an optional arbitration agreement that she signed during her husband’s admission to the facility. However, the trial court held that the wife was not bound by the arbitration agreement because she signed it in a representative capacity and was not a party to the agreement. This appeal followed. Following the recent Tennessee Supreme Court decision in Williams v. Smyrna Residential, LLC, 685 S.W.3d 718 (Tenn. 2024), we hold that the wife lacked the legal authority to bind her husband to the optional arbitration agreement because she had the powers of only a healthcare agent, and entering into the optional arbitration agreement was not a healthcare decision. Thus, neither the wife nor any of the resident’s heirs are precluded from bringing and maintaining a wrongful death action on the resident’s behalf. For the reasons explained below, we affirm the judgment of the trial court, albeit on different grounds, and remand for further proceedings consistent with this opinion.

Wilson Court of Appeals

Susan Oliver et al. v. Kroger Limited Partnership I
M2023-00290-COA-R3-CV
Authoring Judge: Judge Kristi M. Davis
Trial Court Judge: Judge Joe Thompson

A woman fell in a Gallatin, Tennessee grocery store and suffered a labral hip tear. She and her husband filed suit against the grocery store, alleging claims for premises liability and loss of consortium. The case proceeded to a jury trial. After the close of the plaintiffs’ proof, the store moved for a directed verdict. The trial court granted the defendant’s motion, concluding that the plaintiffs put forth no proof of constructive notice. The plaintiffs appeal; discerning no error, we affirm.

Sumner Court of Appeals

Ryan Michael Ramey v. State of Tennessee
E2023-00724-CCA-R3-PC
Authoring Judge: Judge J. Ross Dyer
Trial Court Judge: Judge Lisa Rice

The petitioner, Ryan Michael Ramey, 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.

Unicoi Court of Criminal Appeals

Terry Rainwaters, et al. v. Tennessee Wildlife Resources Agency, et al.
W2022-00514-COA-R3-CV
Authoring Judge: Judge Jeffrey Usman
Trial Court Judge: Judge Donald E. Parish, Chancellor Jerri S. Bryant, Judge J. Russell Parkes

Acting under authorization of subsections (1) and (7) of Tennessee Code Annotated section 70-1-305, officers of the Tennessee Wildlife Resources Agency (TWRA), suspecting violations of wildlife laws, entered onto the Plaintiffs’ properties on multiple occasions, seeking to enforce restrictions upon hunting. The TWRA’s officers did so without a warrant or consent. The Plaintiffs brought suit, asserting that the statute authorizing these entries is unconstitutional on its face and as applied, and seeking declaratory and injunctive relief as well as nominal damages. A three-judge trial court panel concluded the statute is unconstitutional on its face and granted declaratory judgment and nominal damages. The three-judge panel divided on two issues. One, the majority pretermitted the as-applied constitutional challenge, while the third judge would have found the statute unconstitutional as applied. Two, the majority declined to grant injunctive relief while the third judge would have granted injunctive relief. The Tennessee Wildlife Resources Agency appeals. We conclude the statute is facially constitutional but unconstitutional as applied. We affirm the award of nominal damages.

Benton Court of Appeals

In Re Justus P.
W2023-00140-COA-R3-JV
Authoring Judge: Judge Kenny Armstrong
Trial Court Judge: Judge John W. Whitworth

Appellant/Mother appeals the trial court’s modification of: (1) the parenting plan for the minor child; and (2) Appellee/Father’s child support obligations. Because the trial court erred in setting the parties’ respective monthly gross incomes for child support purposes, we vacate its order concerning child support and remand for recalculation. The trial court’s order granting Father the federal Child Tax Credit is also vacated. The trial court’s order is otherwise affirmed.

Benton Court of Appeals

In Re A'Jayi A.
W2022-01617-COA-R3-PT
Authoring Judge: Judge W. Neal McBrayer
Trial Court Judge: Chancellor Steven W. Maroney

Two relatives filed competing petitions to adopt a minor child after his mother’s death. The child’s father was unknown. The trial court conducted a comparative fitness analysis and found that it was in the best interest of the child to be adopted by the child’s maternal grandfather. We affirm.

Madison Court of Appeals

Patrick Stockdale et al. v. Kim Helper
M2022-00846-COA-R3-CV
Authoring Judge: Judge Arnold B. Goldin
Trial Court Judge: Judge Don R. Ash

The plaintiffs, who are former employees of a municipal police department, were discharged after the District Attorney General sent an email to the city manager stating that the plaintiffs’ testimony at hearings may be impeached without independent corroboration, thus allegedly “creating challenges for the State in proving its case beyond a reasonable doubt.” The plaintiffs thereafter brought suit against the District Attorney General and specifically asserted claims for official oppression under a negligence per se theory and for tortious interference with a business relationship and prospective business relationships. The trial court dismissed the plaintiffs’ claims on the grounds of qualified immunity and absolute immunity. The plaintiffs appealed, and during the pendency of the appeal, the District Attorney General died. The personal representative of her estate, who was substituted as the appellee in the wake of her death, has argued that this case abated upon her death because the plaintiffs’ lawsuit is “for wrongs affecting the character of the plaintiff” within the meaning of Tennessee Code Annotated section 20-5-102. For the reasons discussed herein, we conclude that the plaintiffs’ claims for tortious interference abated upon the District Attorney General’s death. Assuming, arguendo, that the plaintiffs’ separate pursuit of recovery under a negligence per se theory did not abate, we nonetheless affirm the dismissal of the plaintiffs’ negligence per se theory due to their failure to raise an effective challenge to the dismissal of the theory in their appellate briefing.

Williamson Court of Appeals

In Re Royalty Y.
W2023-01333-COA-R3-PT
Authoring Judge: Judge Thomas R. Frierson, II
Trial Court Judge: Special Judge W. Ray Glasgow

In this case involving termination of the mother’s parental rights to her child, the trial court found that four statutory grounds for termination had been proven by clear and convincing evidence. The trial court further found that clear and convincing evidence demonstrated that termination of the mother’s parental rights was in the child’s best interest. The mother has appealed. Having determined that the trial court erred by failing to make findings concerning the mother’s affirmative defense of lack of willfulness relative to the statutory grounds of abandonment through failure to visit and support the child, we reverse the trial court’s reliance on those grounds. We affirm the trial court’s judgment in all other respects, including the termination of the mother’s parental rights to the child.

Shelby Court of Appeals

In Re Allison S.
E2023-01072-COA-R3-PT
Authoring Judge: Judge Carma Dennis McGee
Trial Court Judge: Judge Robert D. Philyaw

This appeal concerns a petition to terminate the parental rights of a mother to her young daughter. The trial court found by clear and convincing evidence that three grounds for termination existed as to Mother: (1) persistent conditions; (2) substantial noncompliance with a permanency plan; and (3) failure to manifest an ability and willingness to assume custody or financial responsibility. The trial court also found that termination was in the best interest of the child. The mother appeals. We reverse the trial court’s finding that clear and convincing evidence established the ground of substantial noncompliance with a permanency plan. However, we affirm its findings that the remaining grounds were proven and that termination was in the best interest of the child.

Hamilton Court of Appeals

State of Tennessee v. Ashley Bianca Ruth Kroese
M2022-01180-CCA-R3-CD
Authoring Judge: Judge Jill Bartee Ayers
Trial Court Judge: Judge James G. Martin, III

A Williamson County jury convicted Defendant, Ashley Bianca Ruth Kroese, of vehicular
homicide by intoxication, vehicular homicide with a blood alcohol concentration of 0.08%
or greater, vehicular homicide by recklessness, and reckless aggravated assault resulting in
death for which she received an effective eight-year sentence. Defendant appeals,
contending that the search warrant failed to establish probable cause of intoxication; the
search was executed beyond the scope of the warrant; the State failed to demonstrate an
unbroken chain of custody of the blood samples; and the trial court erred when it did not
sentence her as an especially mitigated offender. Following our review of the record, the
briefs, and oral arguments of the parties, we affirm the judgments of the trial court.

Williamson Court of Criminal Appeals

State of Tennessee v. Jeffrey Milton Stokes AKA Real Black
E2023-00667-CCA-R3-CD
Authoring Judge: Judge J. Ross Dyer
Trial Court Judge: Judge Scott Green

The defendant, Jeffrey1 Milton Stokes aka Real Black, was convicted by a Knox County jury of first-degree premeditated murder and reckless endangerment, and he was sentenced to an effective term of life imprisonment. On appeal, the defendant argues that the evidence is insufficient to sustain his convictions. After review, we affirm the judgments of the trial court.

Knox Court of Criminal Appeals

Bobby L. Franklin v. Brian Eller, Warden
E2023-01018-CCA-R3-HC
Authoring Judge: Judge Ross J. Dyer
Trial Court Judge: Judge Stacy L. Street

The pro se petitioner, Bobby L. Franklin, appeals from the denial of his petition for writ of habeas corpus by the Criminal Court for Johnson County, arguing the habeas court erred in summarily dismissing his petition. The petitioner asserts he is entitled to habeas corpus relief because a “new judgment” was entered, lengthening his sentence. Following our review, we conclude that the petitioner’s notice of appeal was untimely and that the interest of justice does not mandate waiver of this requirement. Thus, the instant appeal should be dismissed.

Johnson Court of Criminal Appeals