State of Tennessee v. William Swafford
The Defendant, William Swafford, was convicted by a Hamblen County jury of especially |
Hamblen | Court of Criminal Appeals | |
State of Tennessee v. Joshua L. Hutcherson
The defendant, Joshua L. Hutcherson, pleaded guilty to four counts of vehicular assault, two counts of driving on a revoked license with a prior DUI, one count of leaving the scene of an accident with injuries, four counts of reckless aggravated assault, and one count of felony reckless endangerment, and the trial court imposed an effective sentence of fourteen years’ incarceration in the Tennessee Department of Correction. On appeal, the defendant argues the trial court erred in denying alternative sentencing and in failing to apply an appropriate mitigating factor. After reviewing the record and considering the applicable law, we affirm the judgments of the trial court. However, we remand the case for corrected judgment forms. |
Henderson | Court of Criminal Appeals | |
Tracy L. Harris v. State of Tennessee
Petitioner, Tracy L. Harris, pleaded guilty in Carroll County Circuit Court to first degree murder and aggravated rape and was sentenced to an effective sentence of life without parole. After unsuccessful challenges to his convictions and sentences in Tennessee and federal courts, Petitioner filed a pro se petition pursuant to the Post-Conviction DNA Analysis Act of 2001 (“The Act”), Tennessee Code Annotated section 40-30-301, et. seq., requesting DNA analysis on several items and samples taken from the crime scene. After the State responded in opposition, the post-conviction court dismissed the petition without a hearing and found that Petitioner had not met the statutory requirements of the Act. On appeal, Petitioner challenges the post-conviction court’s dismissal of his petition. We conclude that the post-conviction court did not err in dismissing the petition, and we affirm. |
Carroll | Court of Criminal Appeals | |
Tray Simmons v. Dr. Shahidul Islam et al.
A patient brought a health care liability action against his psychiatrist and the psychiatrist’s employer, alleging the psychiatrist engaged in improper sexualized conduct that caused him psychological injury. The patient secured an expert witness in support of his suit, but the expert withdrew following the expert’s deposition. The patient obtained a new expert witness. However, relying on the cancellation rule, the trial court determined a conflict existed between the second expert’s affidavit and deposition testimony relating to the issue of damages. The trial court granted summary judgment to the defendants and also granted the defendants’ request for an award of discretionary costs. The patient appeals. We affirm. |
Davidson | Court of Appeals | |
State of Tennessee v. Jaylon Hatch
The Defendant, Jaylon Hatch, was convicted by a Shelby County Criminal Court jury of attempted premeditated first degree murder, a Class A felony; aggravated assault in concert with two or more persons, a Class B felony; reckless endangerment by discharging a firearm into a habitation, a Class C felony; and employing a firearm during the commission of a dangerous felony, a Class C felony. See T.C.A. §§ 39-13-202 (first degree murder), 39-13-102 (Supp. 2019) (subsequently amended) (aggravated assault), 39-13-103 (Supp. 2019) (reckless endangerment), 39-17-1324 (Supp. 2019) (subsequently amended) (employing a firearm). The trial court imposed an effective twenty-one-year sentence. On appeal, the Defendant contends that the evidence is insufficient to establish that he was the perpetrator of the conviction offenses because they are based on the uncorroborated testimony of an accomplice. We affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Roderick Redmond
The Defendant, Roderick Redmond, was convicted by a Shelby County Criminal Court jury of rape of a child, a Class A felony, and aggravated sexual battery, a Class B felony. See T.C.A. §§ 39-13-522 (Supp. 2020) (subsequently amended) (rape of a child), 39-13- 504 (2018) (aggravated sexual battery). The trial court sentenced him to consecutive sentences of thirty years for rape of a child and ten years for aggravated sexual battery, for an effective forty-year sentence. On appeal, the Defendant contends that the evidence is insufficient to support his convictions. We affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. William Paul Climer
The defendant, William Paul Climer, was indicted by the Dyer County Grand Jury for one count of aggravated kidnapping and two counts of aggravated assault. On September 8, 2023, the defendant pled guilty to one count of aggravated assault. Per the terms of his plea agreement, the defendant agreed to be sentenced as a Range II, multiple offender with the length and manner of service to be determined by the trial court. Additionally, the State agreed to dismiss the aggravated kidnapping charge and the second count of aggravated assault. After a sentencing hearing, the trial court sentenced the defendant to a term of six years’ incarceration and imposed a fine of $2500. On appeal, the defendant contends the trial court erred in denying alternative sentencing and in imposing a fine without making the appropriate findings. Upon our review of the record, the parties’ briefs, and the applicable law, we affirm the trial court’s denial of alternative sentencing; however, the trial court failed to make the appropriate findings concerning the imposition of the $2500 fine, and therefore, we remand the matter to the trial court to determine if a fine is appropriate and make such findings as necessary. |
Dyer | Court of Criminal Appeals | |
In Re Rome W.
The juvenile court terminated a mother’s parental rights to two of her children. The mother appealed and challenges the court’s determination that clear and convincing evidence established grounds for termination and that termination of her rights was in the children’s best interests. We find no error and affirm. |
Anderson | Court of Appeals | |
Julie Michelle Garret (Mix) v. Keith Douglas Garrett
A husband appeals the trial court’s final judgment of divorce with respect to two issues. Because the husband failed to comply with the applicable briefing rules, we have concluded that he waived his first issue. We find no support for the husband’s second issue. Having determined that the husband’s appeal is frivolous, we affirm the trial court’s decision and remand to the trial court for the assessment of damages. |
Macon | Court of Appeals | |
State of Tennessee v. David Alexander Hayes
The Defendant challenges the sufficiency of the evidence supporting his conviction |
Knox | Court of Criminal Appeals | |
In Re Jolene S.
In this accelerated interlocutory appeal, the appellant’s oral motion for recusal made during trial was denied. She then filed a written motion for recusal that apparently has yet to be resolved by the trial court. Because no order denying the motion has been entered, we dismiss the appeal. |
Bradley | Court of Appeals | |
State of Tennessee v. David Alexander Hayes
The Defendant, David Alexander Hayes, was convicted by a Knox County Criminal Court |
Knox | Court of Criminal Appeals | |
In Re Tayla R.
This appeal concerns the termination of parental rights. Tamara R. (“Mother”) is the mother of minor child Tayla R. (“the Child”). Jesse R. (“Legal Father”) is the Child’s legal father, having married Mother on the day that the Child was born. The Child was removed into state custody based on Mother’s drug use while pregnant and environmental concerns in the home. The Tennessee Department of Children’s Services (“DCS”), and the Child’s foster parents Autumn M. (“Foster Mother”) and Drannon M. (“Foster Father”) (“Foster Parents,” collectively), filed a petition in the Chancery Court for Putnam County (“the Chancery Court”) seeking to terminate Mother’s and Legal Father’s parental rights to the Child. The Chancery Court terminated Mother’s and Legal Father’s parental rights on several grounds. Aside from a few token visits with the Child, Mother and Legal Father essentially did nothing on their case, declining to cooperate with DCS or even allow DCS inside their residence, an RV camper. Neither Mother nor Legal Father paid any child support whatsoever for the Child. We affirm. |
Putnam | Court of Appeals | |
State of Tennessee v. Thor Lucas Coleman
A Williamson County jury convicted the Defendant, Thor Lucas Coleman, of attempted first degree murder, aggravated assault by strangulation, aggravated assault by violating a restraining order, possessing a firearm during the commission of a dangerous felony, and unlawful possession of a weapon. The trial court sentenced him to a forty-five-year effective sentence. On appeal, the Defendant contends that: (1) the trial court improperly admitted evidence of his prior acts of domestic violence against the victim; and (2) the evidence is insufficient to sustain his conviction for attempted first degree murder. After review, we affirm the trial court’s judgments. |
Williamson | Court of Criminal Appeals | |
State of Tennessee v. Roger Trino Spencer, Jr.
Defendant, Roger Trino Spencer, Jr., was indicted by the McNairy County Grand Jury for one count of aggravated robbery accomplished with a deadly weapon and two counts of aggravated assault by displaying a deadly weapon. Defendant was convicted as charged by a jury and sentenced by the trial court as a Range II offender to an effective eighteen years’ confinement. The trial court also imposed an effective $15,000 fine and ordered Defendant to pay $971 in restitution. In this appeal as of right, Defendant contends that the State failed to provide sufficient proof of his identity as the perpetrator of the offenses; the State’s improper comments during opening statement and closing argument entitle him to plain error relief; the trial court erred by failing to consider a validated risk and needs assessment in imposing his sentence; and the trial court erred by failing to consider his ability to pay in imposing fines and ordering restitution. Having reviewed the briefs and arguments of the parties and the record on appeal, we affirm the judgments of the trial court. |
McNairy | Court of Criminal Appeals | |
In Re Estate of Donald Patrick Burns
A decedent’s stepchildren filed a complaint contesting ownership of a portion of his twenty-acre property. They asserted theories of adverse possession, express oral trust, and breach of contract. The trial court dismissed the complaint. Because we conclude that the allegations of an express oral trust and breach of contract are sufficient to overcome a motion to dismiss, we reverse in part. |
Bedford | Court of Appeals | |
In Re Guardianship of Beatrice Rose Malone - Dissenting
For disobedience of or resistance to a court order to constitute contempt, four elements must be satisfied. Konvalinka v. Chattanooga–Hamilton Cty. Hosp. Auth., 249 S.W.3d 346, 354 (Tenn. 2008); see Tenn. Code Ann. § 29-9-102(3) (2024) (defining the scope of a court’s contempt power). This case turns on the second of the four: whether “the order alleged to have been violated . . . [was] clear, specific, and unambiguous.” Konvalinka, 249 S.W.3d at 354. Because the order here was not sufficiently specific to support the finding of contempt, I would reverse. |
Davidson | Court of Appeals | |
State of Tennessee v. Jared A. Smith
Following a jury trial, a Cheatham County jury convicted Defendant, Jared A. Smith, of three counts of Rape of a Child, four counts of Aggravated Sexual Battery, and three counts of Incest, for which he received a total effective sentence of seventy-eight years’ incarceration. On appeal, Defendant contends that: (1) the trial court erred by limiting his cross-examination of a police witness; (2) the State’s election of offenses was “vague, ambiguous and unsupported by the evidence,” in violation of his right to a unanimous jury verdict; and (3) the trial court erred by declining to instruct the jury on generic evidence. Following a thorough review of the record and applicable law, we affirm. |
Cheatham | Court of Criminal Appeals | |
In Re Caz H. et al.
The trial court terminated a mother’s parental rights to six children based on abandonment by failure to provide a suitable home and severe abuse. The trial court further concluded that terminating the mother’s parental rights was in the children’s best interests. Mother appeals. Discerning no error, we affirm the trial court’s ruling. |
Humphreys | Court of Appeals | |
In Re Guardianship of Beatrice Rose Malone
Katherine Malone died in an accident in Idaho. Her ex-husband, Patrick Malone, was named guardian of their child, Beatrice Rose Malone (“Rosie”). A trust (“the Tennessee Trust”) was established in Davidson County, Tennessee, for all funds due to Rosie. Katherine Malone’s parents, James William Rose and Jennie Adams Rose (“the Roses”) were the personal representatives of her estate and “Limited Trust Protectors,” of the Tennessee Trust. Mr. Malone, as Rosie’s guardian, filed a wrongful death lawsuit in Idaho and recovered a settlement. The settlement funds were placed in a trust Mr. Malone established in Missouri with Blue Ridge Bank and Trust. The Roses filed this action to transfer the funds to the Tennessee Trust and to find Mr. Malone in civil contempt. The Probate Court agreed with the Roses, finding Mr. Malone in civil contempt and ordering that the funds be transferred to the Tennessee Trust. Mr. Malone and Blue Ridge Bank and Trust appealed. We affirm. |
Davidson | Court of Appeals | |
Rico Eugene Mallard v. State of Tennessee
Petitioner, Rico Eugene Mallard, appeals the summary dismissal of his petition seeking post-conviction relief from his 1999 especially aggravated robbery conviction, for which he was sentenced to twenty-two years’ incarceration to be served consecutively to his life sentence for first degree murder. The post-conviction court found that State v. Booker, 656 S.W.3d 49 (Tenn. 2022), did not establish a new constitutional right applicable to Petitioner’s case, and therefore, the statute of limitations was not tolled, and the petition was time-barred. Discerning no error, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
Janet Doe v. City of Memphis, Tennessee
Shortly after the City of Memphis (“the City”) made public announcements regarding untested sexual assault kits, three women filed a class action complaint alleging that the announcements caused them severe emotional distress. More than a year after the announcements, the plaintiffs amended the complaint to add a new plaintiff. The three original plaintiffs’ claims were either voluntarily dismissed or dismissed by the trial court based upon the statute of limitations. The City sought summary judgment against the only remaining plaintiff on the ground that her claims were time-barred. The trial court denied the motion for summary judgment, and this Court granted the City’s petition for an interlocutory appeal. Concluding that the applicable statute of limitations barred the new plaintiff’s claims, we reverse the trial court’s decision and remand. |
Shelby | Court of Appeals | |
Ricky Hunt v. State of Tennessee
The Petitioner, Ricky Hunt, pleaded guilty to two counts of second-degree murder and one count of attempted especially aggravated robbery in exchange for an effective thirty-year sentence. The Petitioner filed a petition for post-conviction relief, along with two amended petitions. After an evidentiary hearing, the post-conviction court denied the post-conviction petition. On appeal, the Petitioner contends that the post-conviction court erred when it denied his petition because: (1) trial counsel was ineffective for failing to explain the corroboration requirement regarding accomplice testimony and for failing to help him file a motion to withdraw his guilty plea; and (2) his guilty plea was not knowingly and voluntarily entered because trial counsel failed to advise him that his sentence was required to be served at 100%. After review, we affirm the post-conviction court’s judgment. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Mendy Powell Neal
After three days of a Dickson County jury trial, the Defendant, Mendy Powell Neal, who was charged with the first degree premeditated and felony murder of her husband and the aggravated arson of their home, entered a North Carolina v. Alford, 400 U.S. 25, 37 (1970), best interest plea to voluntary manslaughter, a Class C felony, in exchange for the dismissal of the felony murder and aggravated arson counts of the presentment and an agreed range of three to four years, with the trial court to determine the length and manner of service of the sentence. At the conclusion of the sentencing hearing, the trial court denied the Defendant’s request for judicial diversion, determined that she was not a suitable candidate for probation or other alternative sentencing, and sentenced her as a Range I, standard offender to four years at 30% in the Tennessee Department of Correction. Following the denial of what the Defendant styled as a “Motion for New Trial,” which the trial court treated as a Rule 35 motion for a reduction in sentence, the Defendant filed an untimely appeal to this court in which she argues that the trial court erred in both the length and manner of service of the sentence. Based on our review, we conclude that the interest of justice does not warrant that the timely notice of appeal requirement be waived for the Defendant’s attempt to appeal the trial court’s original sentencing determinations. We further conclude that the trial court acted within its discretion by declining to reduce or modify the sentence pursuant to Rule 35 of the Tennessee Rules of Criminal Procedure. Accordingly, we affirm the judgment of the trial court. |
Dickson | Court of Criminal Appeals | |
State of Tennessee v. Calvin Dwight Butler
The defendant, Calvin Dwight Butler, pled guilty to sexual exploitation of a minor. As a |
Hamilton | Court of Criminal Appeals |