In Re: Freddy P.
E2023-00042-COA-R3-PT
Authoring Judge: Judge Steven Stafford
Trial Court Judge: Chancellor Douglas T. Jenkins

The trial court denied a petition for termination of parental rights as to Mother, despite
finding two grounds for termination, based on petitioner’s failure to establish that
termination was in the best interest of the child. Petitioner appeals the trial court’s
determination that a third ground for termination was not found, as well as the finding that
termination was not in the best interest of the child. Based on the record before us, we (1)
affirm the denial of failure to visit; (2) affirm the finding of failure to support; (3) reverse
the finding of persistence of conditions; and (4) affirm the finding that terminating
Mother’s parental rights is not in the best interest of the child.

Greene Court of Appeals

State of Tennessee v. Michael M. Cook
W2022-01534-CCA-R3-CD
Authoring Judge: Judge J. Ross Dyer
Trial Court Judge: Judge Paula L. Skahan

The defendant, Michael M. Cook, was convicted of one count of aggravated rape and two
counts of aggravated kidnapping for which he received an effective term of twenty-five
years’ incarceration. On appeal, the defendant argues that: (1) police contamination of the
condom that yielded the defendant’s DNA profile resulted in a fundamentally unfair trial
under State v. Ferguson, 2 S.W.3d 912 (Tenn. 1999); (2) the trial court erred in not
requiring chain of custody after the police mispackaged the condom in a way that degrades
DNA; (3) the identification of the defendant’s voice based on his testimony at the Momon
hearing resulted in a fundamentally unfair trial; (4) the prosecution commented on the
defendant’s silence by arguing the defendant’s rights prevented a non-suggestive voice
identification; (5) improper argument by the State throughout trial affected the verdict; (6)
the trial court failed to give a full and complete charge of the law by not instructing the
jury on identification and other instructions requested by the defendant; and (7) the
cumulative errors in the case warrant reversal. Following a thorough review of the record,
the briefs, and oral arguments of the parties, we affirm the judgments of the trial court.

Shelby Court of Criminal Appeals

Edward Parnell Porter v. State of Tennessee
M2023-00756-CCA-R3-PC
Authoring Judge: Judge Jill Bartee Ayers
Trial Court Judge: Judge Forest A. Durard, Jr.

Petitioner, Edward Parnell Porter, appeals the denial of his post-conviction petition, arguing that the post-conviction court erred in finding that he received the effective assistance of counsel at trial. Following our review of the entire record and the briefs of the parties, we affirm the judgment of the post-conviction court.

Marshall Court of Criminal Appeals

Thomas Burrell v. Tipton County Election Commission, et al.
W2023-00312-COA-R10-CV
Authoring Judge: Presiding Judge J. Steven Stafford
Trial Court Judge: Judge Kasey Culbreath

Appellant attorney appeals the trial court’s denial of his motion to appear pro hac vice on
procedural grounds. We affirm.

Tipton Court of Appeals

State of Tennessee v. Misty Paul
W2023-00830-CCA-R3-CD
Authoring Judge: Judge J. Ross Dyer
Trial Court Judge: Judge Joseph T. Howell

The defendant, Misty Paul, appeals the order of the trial court revoking her probation and
ordering her to serve her modified six-year sentence in confinement. Upon our review of
the record, the parties’ briefs, and oral arguments, we affirm the revocation and disposition
of the defendant’s probation, but remand for the sole determination by the trial court as to
whether to credit the defendant with time successfully spent in compliance with probation
pursuant to Tennessee Code Annotated section 40-35-310(a).

Chester Court of Criminal Appeals

Troius Saville Russell v. State of Tennessee
W2023-00907-CCA-R3-PC
Authoring Judge: Judge J. Ross Dyer
Trial Court Judge: Chancellor Tony Childress

The petitioner, Torius Saville Russell, appeals the denial of his petition for post-conviction
relief, arguing the post-conviction court erred in finding he received the effective assistance
of counsel at trial. Following our review, we affirm the denial of the petition.

Dyer Court of Criminal Appeals

State of Tennessee v. Brandon R. Richardson
M2022-01675-CCA-R3-CD
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Chancellor Howard W. Wilson

Brandon R. Richardson, Defendant, was convicted by a jury of two counts of vehicular assault, one count of felony reckless endangerment, misdemeanor reckless endangerment, evading arrest, driving under the influence, driving without a license, and a violation of the open container law. In a motion for new trial, Defendant argued that the trial court erred in overruling his challenge to multiple members of the jury pool for cause. The trial court denied the motion for new trial. Defendant sought an untimely appeal; this Court waived the timeliness requirement. On appeal, Defendant challenges the trial court’s decision to deny Defendant’s challenge for cause to members of the jury pool. After a review, we affirm the judgments of the trial court.

Rutherford Court of Criminal Appeals

State of Tennessee v. Eric Tyre Patton
M2023-00801-CCA-WR-CO
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge Barry R. Tidwell

Eric Tyre Patton, Defendant, was convicted of two Class A felony drug offenses committed within the 1000-foot prohibited zone of an elementary school and was sentenced to consecutive terms of twenty-five years at 100% service. Defendant filed a motion for resentencing pursuant to Tennessee Code Annotated § 39-17-432(h). The trial court found that granting a shorter sentence was not in the interests of justice and denied the motion. Defendant filed a petition seeking certiorari and/or extraordinary review. This court denied extraordinary review but granted the petition seeking certiorari and ordered the record to be assembled and transmitted for this court to conduct a review of the trial court’s ruling. Following a thorough review of the record and applicable law, we affirm the judgment of the trial court.

Rutherford Court of Criminal Appeals

State of Tennessee v. Vicky L. Smith
W2023-00416-CCA-R3-CD
Authoring Judge: Judge J. Ross Dyer
Trial Court Judge: Chancellor Tony Childress

The defendant, Vicky L. Smith, pled guilty to vehicular homicide by recklessness, and the
trial judge imposed a ten-year sentence of incarceration with the Tennessee Department of
Correction. On appeal, the defendant contends the trial court erred in denying her request
to serve her sentence on probation. After reviewing the record and considering the
applicable law, we affirm the sentence of the trial court.

Dyer Court of Criminal Appeals

Jessica M. Amarino v. Jarone Amarino
M2023-00340-COA-R3-CV
Authoring Judge: Judge Kenny Armstrong
Trial Court Judge: Chancellor Ben Dean

In this divorce case, Husband/Appellant appeals the trial court’s order: (1) awarding a Toyota 4-Runner to Wife/Appellee; (2) dividing the remaining debt on the vehicle between the parties; and (3) awarding Wife one-half of the attorney’s fees she incurred in the trial court. We reverse the trial court’s conclusion that the 4-Runner was Wife’s separate property and conclude that it was transmuted into marital property. We affirm the remainder of the trial court’s order. Wife’s request for appellate attorney’s fees is granted.

Montgomery Court of Appeals

First Community Bank, N.A. v. First Tennessee Bank, N.A., et al.
E2022-00954-COA-R3-CV
Authoring Judge: Judge John McClarty
Trial Court Judge: Judge E. Jerome Melson

This is the third iteration of this action in this court concerning Plaintiff’s claims against Defendant for fraud, constructive fraud, negligent misrepresentation, civil conspiracy, unjust enrichment, and violation of the Tennessee Securities Act, codified at Tennessee Code Annotated section 48-1-101, et seq. The claims arose out of the purchase of asset-backed securities that were later deemed unmarketable, causing a significant financial loss to Plaintiff. This particular appeal concerns the trial court’s granting of summary judgment in favor of Defendant based upon the applicable statute of limitations. We now affirm.

Court of Appeals

State of Tennessee v. William Flynn
W2023-00184-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Jennifer J. Mitchell

A Shelby County jury convicted the Defendant, William Flynn, of first degree
premeditated murder, first degree felony murder, and aggravated assault in concert. For
these convictions, the trial court imposed an effective life sentence. On appeal, the
Defendant challenges the sufficiency of the evidence and the jury instructions. After
review, we affirm the judgments.

Shelby Court of Criminal Appeals

Julie Danielson v. Kimberly Armstrong
M2022-01725-COA-R3-CV
Authoring Judge: Judge Arnold B. Goldin
Trial Court Judge: Judge Amanda J. McClendon

This appeal concerns the validity and enforceability of an oral loan agreement between former business partners. As discussed herein, we discern no error in the trial court’s enforcement of the parties’ agreement. As such, the judgment of the trial court is affirmed.

Davidson Court of Appeals

Larry Johnson v. State of Tennessee
W2023-01056-CCA-R3-HC
Authoring Judge: Judge Matthew J. Wilson
Trial Court Judge: Judge Mark L. Hayes

Petitioner, Larry Johnson, appeals from the Lake County Circuit Court’s dismissal of his petition for a writ of habeas corpus, in which he alleged that he received an illegal sentence. We conclude Petitioner has failed to timely appeal or to follow procedural requirements, and the interest of justice does not require waiver of the requirements. Accordingly, the appeal is dismissed.

Lake Court of Criminal Appeals

State of Tennessee v. Charles Timothy Rowden
M2023-00262-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Christopher V. Sockwell

A Lawrence County jury convicted the Defendant, Charles Timothy Rowden, of first degree felony murder, second degree murder, especially aggravated robbery, and aggravated arson. The trial court merged the two murder convictions and imposed an effective sentence of life without the possibility of parole. On appeal, the Defendant asserts that: (1) the trial court erred when it did not instruct the jury that the Defendant’s girlfriend was an accomplice as a matter of law; (2) the evidence is insufficient to support his convictions; and (3) his attorney was ineffective. After review, we affirm the trial court’s judgments and remand for entry of an additional judgment form.

Lawrence Court of Criminal Appeals

State of Tennessee v. Keenan Murphy
W2022-01108-CCA-R3-CD
Authoring Judge: Judge Tom Greenholtz
Trial Court Judge: Judge Kyle C. Atkins

A Madison County jury convicted the Defendant, Keenan A. Murphy, of first degree murder and attempted first degree murder. The trial court sentenced the Defendant to an effective sentence of life imprisonment plus twenty-six years. On appeal, the Defendant argues that the proof is insufficient to support the convictions because the State failed to prove premeditation. The Defendant also asserts that the trial court committed plain error by allowing the State to cross-examine the defense expert about a second shooting the Defendant committed nine days after the offenses in this case. On our review, we respectfully affirm the judgments of the trial court.

Madison Court of Criminal Appeals

Tinsley Properties, LLC et al. v. Grundy County, Tennessee
M2022-01562-COA-R3-CV
Authoring Judge: Presiding Judge Frank G. Clement, Jr.
Trial Court Judge: Chancellor Melissa Thomas Willis

This case concerns the validity of a county resolution prohibiting quarries and rock crushers “within five thousand (5,000) feet of a residence, school, licensed daycare facility, park, recreation center, church, retail, commercial, professional or industrial establishment.” The plaintiff landowners argued that the county failed to comply with the requirements in Tennessee’s county zoning statute, Tennessee Code Annotated § 13-7-101 to -115. In the alternative, they argued that state law expressly preempted local regulation of quarries. However, the county argued that it was exercising its authority to protect its citizens’ health, safety, and welfare under the county powers statute, Tennessee Code Annotated § 5-1-118. The trial court granted summary judgment to the county on the ground that it had no comprehensive zoning plan. This appeal followed. We affirm.

Grundy Court of Appeals

State of Tennessee v. David Parr
M2022-00868-CCA-R3-CD
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge David D. Wolfe

The defendant, David Parr, appeals the Stewart County Circuit Court’s imposition of a fully-incarcerative sentence for his guilty-pleaded convictions of possession of methamphetamine and fentanyl with intent to sell or deliver, asking this court to remand to the trial court for consideration of Community Corrections under Code section 40-36- 106(2)(c). Because the superseding indictments violated the principles of double jeopardy and because the trial court lacked jurisdiction to hold the plea submission hearing, the judgments entered on the superseding indictments are void, and we dismiss the appeal.

Stewart Court of Criminal Appeals

Russell W. Rivers Et Al v. Travis Brooks Et Al.
E2023-00506-COA-R3-CV
Authoring Judge: Judge Kenny Armstrong
Trial Court Judge: Chancellor John C. Rambo

This case concerns a “Declaration of Additional Restrictive Covenants” applicable to an unimproved tract in a residential subdivision. In relevant part, the Declaration provides that, if a construction agreement could not be reached, the buyer is required to either (1) obtain a waiver of the exclusive builder provision, or (2) re-convey the property to seller at the original purchase price, excluding fees and costs. Here, Appellant/seller and Appellees/buyers could not agree on the building costs. The trial court determined that Appellant breached the Declaration and waived the right to enforce it when he failed to grant Appellees’ request for waiver of the exclusive builder provision and also refused to re-purchase the lot. Discerning no error, we affirm.

Carter Court of Appeals

In Re Liam M.
E2023-00370-COA-R3-PT
Authoring Judge: Judge Andy D. Bennett
Trial Court Judge: Judge Amanda Magan Worley

Mother and Father divorced and Mother was given custody of their child. Mother remarried and eventually she and Stepfather filed a petition to terminate Father’s rights and allow Stepfather to adopt the child. The trial court found that Father had not visited the child within four months of the filing of the petition and that termination of Father’s parental rights was in the best interest of the child. We affirm.

Cumberland Court of Appeals

State of Tennessee v. Marcus Green
W2022-01514-CCA-R3-CD
Authoring Judge: Judge John W. Campbell, Sr.
Trial Court Judge: Judge Lee V. Coffee

The Defendant, Marcus Green, was convicted in the Shelby County Criminal Court of first
degree premeditated murder, attempted first degree premeditated murder, employing a
firearm during the commission of a dangerous felony, and possession of a firearm by a
convicted felon. After a sentencing hearing, he received a sentence of life plus one hundred
five years in confinement. On appeal, the Defendant contends that the evidence is
insufficient to support the convictions, that the trial court erred by refusing to bifurcate the
charge of possession of a firearm by a convicted felon from the remaining charges, and that
his effective sentence is excessive. Based upon our review, we affirm the judgments of the
trial court.

Shelby Court of Criminal Appeals

State of Tennessee v. Ginny Elizabeth Parker
M2022-00955-CCA-R3-CD
Authoring Judge: Judge Kyle A. Hixson
Trial Court Judge: Judge Michael W. Binkley

The Defendant, Ginny Elizabeth Parker, was convicted following a bench trial of five counts of forgery, for which she received an effective six-year sentence to serve. On appeal, the Defendant argues that: (1) the evidence is insufficient to support her forgery convictions, specifically regarding whether she acted without authorization; (2) the trial court shifted the burden of service of medical records pursuant to Tennessee Code Annotated section 24-7-122(c) from the State to the Defendant; (3) the trial court erroneously admitted proof of a PayPal account that was linked to the victims’ bank account; (4) she is entitled to relief based on cumulative error; and (5) her sentence is grossly disproportionate to her offenses, in violation of the Eighth Amendment to the United States Constitution and article I, section 16 of the Tennessee Constitution. Following our review, we affirm the judgments of the trial court.

Williamson Court of Criminal Appeals

Matthew Adam Corenswet v. Samantha Marie Corenswet (Rain)
M2023-00642-COA-R3-CV
Authoring Judge: Judge Thomas R. Frierson, II
Trial Court Judge: Judge Phillip Robinson

This is an appeal from two orders entered by the trial court in this post-divorce action. In
the first order, the trial court found the mother guilty on three counts of criminal contempt,
upon a petition filed by the father, for scheduling and taking the parties’ minor child to two
doctor’s appointments and a walk-in clinic in violation of the parties’ permanent parenting
plan. The parenting plan granted to the father exclusive decision-making authority over all
non-emergency medical decisions for the children. In the second order, the trial court sua
sponte modified the parties’ parenting plan, granting the father “tie-breaking authority” to
schedule non-school-related extracurricular activities during the mother’s co-parenting
time on the condition that if the mother did not agree to a particular activity, the father
would pay for and provide transportation to the activities. Neither party had filed a petition
seeking to modify the parenting plan. The mother appeals this modification on the grounds
that no material change in circumstance existed to justify modification of the parenting
plan and argues further that the modification was not in the best interest of the children
because it would likely create more disputes between the parties going forward. With
regard to the criminal contempt determinations, the mother argues on appeal that her
actions in scheduling the two doctor’s visits were not “willful” as required for a finding of
criminal contempt and that her action in taking the child to the walk-in clinic was
precipitated by a medical emergency, a situation over which the parenting plan did not
grant the father exclusive control. Upon thorough review, we discern no reversible error
in the trial court’s determination that the mother was guilty of three counts of criminal
contempt for violating the permanent parenting plan and accordingly affirm that order in
its entirety. Regarding the second order, we find as a threshold matter that the trial court
did not have subject matter jurisdiction to modify the parties’ parenting plan in the absence
of a petition to modify or motion for relief from judgment. Accordingly, we vacate the
trial court’s order modifying the parties’ permanent parenting plan.

Davidson Court of Appeals

Kristina Collins Ramsey v. Austin A. Ramsey
E2022-01295-COA-R3-CV
Authoring Judge: Judge John McClarty
Trial Court Judge: Chancellor Telford E. Forgety, Jr.

The mother in this action filed for divorce and sought to relocate to North Carolina with the parties’ son. Following settlement of all issues aside from the matters of parenting time and child support, the trial court designated the mother primary residential parent and allowed her to move back to her home state. The father appealed. We affirm the judgment of the trial court.

Sevier Court of Appeals

Eric Daniel Paschke v. Jessica Ruth Paschke
E2023-00239-COA-R3-CV
Authoring Judge: Judge J. Steven Stafford
Trial Court Judge: Chancellor Jerri Bryant

Appellant filed this declaratory judgment action against his sister, seeking to enforce a contract concerning property owned by the siblings’ parents at their deaths. After a bench trial, the trial court found that the contract was unenforceable, as there was no meeting of the minds due to a mutual mistake of fact. The trial court further found that a conveyance of real property was barred by the statute of frauds. Because Appellant has failed to supply this Court with a transcript or statement of the evidence presented at trial, we must affirm the trial court’s finding that there was no meeting of the minds due to a mutual mistake.

Bradley Court of Appeals