Tennessee Administrative Office of the Courts

Appellate Court Opinions

Format: 01/17/2019
Format: 01/17/2019
State of Tennessee v. Bradley Keith Cathey
M2016-00384-CCA-R3-CD

The defendant, Bradley Keith Cathey, appeals the Dickson County Circuit Court’s finding of criminal contempt for failing to appear at a scheduled attorney setting.  The trial court found the defendant in direct contempt of court and summarily sentenced him to ten days incarceration.  On appeal, the defendant contends that the trial court erred in finding him in summary contempt.  Following our review, the judgment of the trial court is reversed and vacated. The cause is remanded for a hearing in accordance with Tennessee Rule of Criminal Procedure 42(b).

Dickson County Court of Criminal Appeals 09/01/16
Tasha Dayhoff v. Joshua D. Cathey
W2016-00377-COA-R3-JV

This is the second appeal in this custody dispute between unmarried parents. After establishing parentage of the minor children, the juvenile court entered a permanent parenting plan without hearing sworn testimony. On appeal, this Court vacated the parenting plan and remanded for an evidentiary hearing. Before the hearing on remand, the mother relocated from West Tennessee to Middle Tennessee with the children. The trial court conducted an evidentiary hearing and determined that the parental relocation statute applied to the court’s decision. The trial court first found that the mother’s move had no reasonable purpose and was vindictive and then concluded that it is in the children’s best interest for the father to be designated primary residential parent. The mother appeals. We affirm.

Madison County Court of Appeals 08/25/16
State of Tennessee v. Brian Allen Cathey
E2015-01284-CCA-R3-CD

Defendant, Brian Allen Cathey, pled guilty to possession with intent to sell or deliver over one-half ounce of marijuana and to possession with the intent to use drug paraphernalia in exchange for a one-year sentence as a Range I, standard offender with the manner of service of the sentence to be determined by the trial court after a sentencing hearing. The trial court denied alternative sentencing. On appeal Defendant challenges the denial of an alternative sentence. We determine that the trial court did not abuse its discretion. Consequently, the judgments of the trial court are affirmed.

Sullivan County Court of Criminal Appeals 05/06/16
State of Tennessee v. Brian Allen Cathey
E2014-02320-CCA-R3-CD

The defendant, Brian Allen Cathey, pled guilty to one count of aggravated burglary, a Class C felony, and one count of theft of property of $1000.00 or more but less than $10,000, a Class D felony, in exchange for concurrent sentences of three and two years. After a sentencing hearing, the trial court denied an alternative sentence and ordered the defendant to serve his sentences in confinement. The only issue on appeal is whether the trial court erred by denying him an alternative sentence. Following our review of the briefs of the parties, the record, and the applicable law, we affirm the judgments of the trial court.

Sullivan County Court of Criminal Appeals 10/16/15
Eric Cathey v. State of Tennessee
W2012-01460-CCA-R3-PC

The petitioner, Eric Cathey, filed in the Shelby County Criminal Court a petition for post-conviction relief from his convictions of felony murder and aggravated child abuse, alleging that his trial counsel was ineffective. After an evidentiary hearing, the post-conviction court denied the petition, and the petitioner appeals. Upon review, we affirm the judgment of the post-conviction court.

Shelby County Court of Criminal Appeals 08/30/13
Tasha Dayhoff v. Joshua D. Cathey
W2011-02498-COA-R3-JV

Father appeals the Madison County Juvenile Court’s judgment, entering a permanent parenting plan, setting child support, awarding a child support arrearage, awarding attorney fees to Mother, and granting a wage garnishment. We affirm the trial court’s ruling that Father is the legal and biological parent of the children at issue. However, having determined that no testimony was elicited at the hearing on this cause, and thus no evidence was presented from which the trial court could make a determination, we vacate the judgment of the trial court and remand for an evidentiary hearing on all other issues in this case.

Madison County Court of Appeals 11/01/12
In Re: Conservatorship of Leah Angelique Thomas - Cathey J. Tillman, Conservator v. Ronald Marvell Thomas
W2012-00349-COA-R3-CV

The probate court appointed a conservator for a disabled young adult. The court awarded attorney’s fees to the petitioner who was appointed as conservator, and to the guardian ad litem, to be paid from the estate of the disabled ward. The court also ordered that another party, who originally sought to be appointed as conservator but withdrew his petition before the hearing, would likewise receive an award of attorney’s fees to be paid from the estate of the ward. The conservator appeals, arguing that the probate court lacked the authority to make such an award to the party who withdrew his petition. We agree, and therefore, we reverse the award of attorney’s fees and remand for further proceedings.

Shelby County Court of Appeals 10/03/12
State of Tennessee v. Guy Steven Cathey
M2011-00438-CCA-R3-CD

The defendant pled guilty to driving under the influence of an intoxicant (“DUI”), first offense, and reserved the following two certified questions: (1) “Whether a magistrate that conducts field sobriety tasks upon a defendant prior to issuance of a warrant is qualified as [a] ‘neutral and detached’ magistrate for purposes of the Fourth Amendment to the Constitution of the United States or its laws and/or in violation of the Constitution of the State of Tennessee and its laws”; and (2) “Whether the issuance of a warrant after the administration of field sobriety tasks by a magistrate to a defendant [was] in violation of the Constitution of the State of Tennessee and/or its laws.” After the challenged warrant was issued,the Grand Jury indicted the defendant, charging him with one count of DUI. We hold that the certified questions are notdispositive of the defendant’s case because the subsequent indictment cured any defects in the warrant. Accordingly, the appeal is dismissed.

Dickson County Court of Criminal Appeals 12/05/11
State of Tennessee v. Calvin Cathey - Dissenting
W2009-01624-CCA-R3-CD

I must dissent from the holding of the majority that the search warrant, despite its failure to name the city in which it is to be executed, nevertheless identifies Appellant’s residence with sufficient specificity. As noted by the majority, the federal and state constitutions as well as statutory law require that a search must particularly describe the place to be searched. U.S. Const. amend. IV; Tenn. Const. art. I, § 7; T.C.A. § 40-6-103. The majority also correctly points out that this “specificity” requirement is met if the description of the place to be searched “particularly points to a definitely ascertainable place so as to exclude all others, and enables the officer to locate the place to be searched with reasonable certainty without leaving it to his discretion.” State v. Smith, 868 S.W.2d 561, 572 (Tenn. 1993) (citing Hatchett v. State, 346 S.W.2d 259, 259 (Tenn. 1961); State v. Cannon, 634 S.W.2d 648, 650 (Tenn. Crim. App. 1982)).

Crockett County Court of Criminal Appeals 09/01/11
State of Tennessee v. Linda F. Cathey
M2010-00132-CCA-R3-CD

A Humphreys County Circuit Court jury convicted the defendant, Linda F. Cathey, of one count of theft of property valued at $10,000 or more but less than $60,000, a Class C felony. See T.C.A. __ 39-14-104, -105(4) (2006). The trial court sentenced the defendant to six years' probation and ordered restitution to the victim in the amount of $27,000. On appeal, the defendant argues that the trial court erred by denying her request for judicial diversion, by imposing the maximum sentence of six years, and by ordering restitution without properly considering her ability to pay. Discerning no error, we affirm the judgment of the trial court.

Humphreys County Court of Criminal Appeals 12/01/10
Michael D. Hershey, et al. v. Wallace Cathey, et al.
M2009-01887-COA-R3-CV

This is an action to enforce a Declaration of Covenants, Conditions and Restrictions for a subdivision. The trial court found the defendant homeowners erected a fence without having obtained proper approval from the Architectural Control Committee, that the fence was in violation of restrictive covenants, and that the fence must be removed. We have determined the evidence does not preponderate against the trial court's findings that defendants failed to obtain the necessary approval to construct the fence and that the fence is in violation of restrictive covenants; thus, we affirm.

Wilson County Court of Appeals 07/26/10
State of Tennessee v. Eric Cathey
W2008-01446-CCA-R3-CD

In December 2006, the Shelby County Grand Jury indicted Appellant, Eric Cathey, for one count of felony first degree murder, one count of aggravated child abuse, and one count of aggravated child neglect. These charges were the result of the death of appellant's two-month-old daughter. At the conclusion of a jury trial, the jury found appellant guilty of all three counts. The trial court held a sentencing hearing and merged the aggravated child neglect conviction into the aggravated child abuse conviction. The trial court imposed a sentence of life with parole for the felony first degree murder and twenty years for the aggravated child abuse. The trial court ordered that these sentences be served concurrently. Appellant now appeals his convictions and sentence arguing that: (1) the trial court erred in overruling his objection to the State's use of its peremptory challenges at jury selection; (2) the evidence was insufficient to support his convictions; (3) the trial court erred in allowing certain photographs into evidence; and (4) the trial court erred by imposing an excessive sentence. After a thorough review of the record, we conclude that appellant's issues do not require reversal. Therefore, the judgments of the trial court are affirmed.

Shelby County Court of Criminal Appeals 07/20/10
Gregory Allen Cathey v. State of Tennessee - Order
M2009-01123-CCA-R3-PC
Rutherford County Court of Criminal Appeals 11/04/09
Gregory Allen Cathey v. State of Tennessee
M2009-01123-CCA-R3-PC

The Petitioner, Gregory Allen Cathey, appeals from the order of the trial court dismissing his petition for post-conviction relief as time-barred. The State has filed a motion requesting that this Court affirm the judgment of the trial court pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. We grant the State’s motion and affirm the judgment of the trial court.

Rutherford County Court of Criminal Appeals 10/07/09
Cathey Jenkins Jackson v. John Jackson, III
W2003-01397-COA-R3-CV

This is an appeal from a post-divorce criminal contempt proceeding. The parties were divorced by final decree in July 1999. The divorce decree incorporated the parties’ marital dissolution agreement, in which the husband agreed to pay the wife spousal support over a period of time. The husband did not make the support payments, and consequently the wife filed several motions for criminal contempt against the husband. After a hearing, the trial court entered an order reserving judgment on the issue of the husband’s criminal contempt, but requiring a non-party corporation in which the husband was a shareholder to pay to the wife a portion of the monies received by the corporation in satisfaction of the husband’s support obligation. The husband now appeals, arguing that the trial court erred in holding the corporation liable for his personal debt. We dismiss the appeal, finding that it is not an appeal from a final order, and remand to the trial court for further proceedings.

Shelby County Court of Appeals 05/16/06
Dewayne Cathey v. State of Tennessee
W2003-00411-CCA-R3-CO

The petitioner, Dewayne Cathey, petitioned the Hardeman County Circuit Court for a writ of habeas corpus to challenge his sentence in his 1993 Shelby County, guilty-pleaded conviction of first degree murder. The lower court summarily dismissed the petition, and on appeal, the petitioner claims that the trial court erred in dismissing his petition without a hearing. Upon our review of the record, we reverse and vacate the trial court’s order. Furthermore, we order the lower court to grant habeas corpus relief.

Hardeman County Court of Criminal Appeals 07/28/04
State vs. Gerald Cathey
W1999-00660-CCA-R3-CD
Shelby County Court of Criminal Appeals 05/12/00
State vs. Dewayne Cathey
02C01-9612-CR-00446
Shelby County Court of Criminal Appeals 02/26/98