Opinions
In Re Bradford H.
This appeal involves the termination of a mother’s parental rights to one of her five children. After a five-day termination trial, the trial court found by clear and convincing evidence that two grounds for termination were proven and that termination was in the best interest of the child. We vacate one ground for termination but otherwise affirm the termination of parental rights. |
Davidson | Court of Appeals | |
Dennis N. Etheredge et al. v. Estate of Doris Etheredge
This is the second appeal arising from this declaratory judgment action. The defendant died during the pendency of this action. After a suggestion of the defendant’s death was filed with the trial court, the defendant’s probate estate was substituted as the defendant. More than one year after the defendant’s death, the defendant’s estate filed a motion to dismiss on the ground the plaintiffs failed to properly revive the action against the defendant’s estate as required by Tennessee Code Annotated § 30-2-320. The trial court agreed and dismissed the action on the ground the plaintiffs did not follow the procedures of Tennessee Code Annotated § 30-2-320 because they filed “neither an order of revivor nor the complaint [from] this case in the Decedent’s probate proceeding, In re Estate of Doris Etheredge, Putnam Co. Probate Court No. 20739 at any time, much less within one (1) year of the Decedent’s date of death.” We affirm. |
Putnam | Court of Appeals | |
Timothy McKinney v. State of Tennessee
A Shelby County jury convicted the Petitioner, Timothy McKinney, of one count of attempted second degree murder, one count of employing a firearm during the commission of a dangerous felony, and two counts of reckless endangerment with a deadly weapon. State v. McKinney, No. W2016-00834-CCA-R3-CD, 2018 WL 1055719, at *1 (Tenn. Crim. App. Feb. 23, 2019), perm. app. denied (Tenn. July 19, 2018). The Petitioner also pleaded guilty to three counts of being a convicted felon in possession of a handgun. The trial court sentenced the Petitioner as a repeat violent offender to life without the possibility of parole. The Petitioner unsuccessfully appealed his convictions and sentence. Id. The Petitioner then filed a petition for post-conviction relief, amended by appointed counsel, in which he alleged that his trial counsel was ineffective in multiple ways. After a hearing, the post-conviction court denied relief, and this appeal ensued. After review, we affirm the post-conviction court’s judgment. |
Shelby | Court of Criminal Appeals | |
Quadarius Deshun Martin v. State of Tennessee
Pursuant to a negotiated plea agreement, the Appellant, Quadarius Deshun Martin, pled guilty to seven offenses on April 4, 2024, and received an agreed-upon sentence of twelve years’ incarceration. Eighteen days later, the Appellant filed an unsigned, untitled, handwritten pleading in which he stated he wished to withdraw his guilty pleas, arguing that he pled guilty under duress and that trial counsel failed to investigate his case. The trial court entered an order construing the filing as a petition for post-conviction relief and appointing counsel. At the subsequent evidentiary hearing, the trial court stated that it would hear both the Appellant’s request to withdraw his guilty pleas and his petition for post-conviction relief. Following the hearing, the trial court denied post-conviction relief but did not rule upon the Appellant’s request to withdraw his guilty pleas. The Appellant appealed, arguing the trial court erred by failing to find he received the ineffective assistance of counsel. We ordered the parties to file supplemental briefs to address whether the trial court erred by construing the Appellant’s filing as a petition for post-conviction relief despite his request to withdraw his guilty plea. Following our review of the record, we reverse the judgment of the trial court and remand for consideration of the Appellant’s motion to withdraw his guilty pleas. |
Henderson | Court of Criminal Appeals | |
IN RE KATALEYA F.
This appeal involves a petition to terminate the parental rights of a father to his young daughter. The trial court found that the ground of failure to manifest an ability or willingness to assume custody of the child had been proven by clear and convincing evidence and that termination of parental rights was in the best interest of the child. The father appeals. We affirm. |
Sevier | Court of Appeals | |
State of Tennessee v. Jason A. McCain
The Defendant, Jason A. McCain, pled guilty in the Henry County Circuit Court to reckless endangerment with a deadly weapon, a Class E felony. After a sentencing hearing, the trial court sentenced him as a Range III, persistent offender to six years in confinement. On appeal, the Defendant contends that the trial court should have sentenced him as a Range I, standard offender because the State did not file its notice of intent to seek enhancement punishment pursuant to Tennessee Code Annotated section 40-35-202(a) until the day of his sentencing hearing and that his six-year sentence is excessive. Based upon the oral arguments, the record, and the parties’ briefs, we affirm the judgment of the trial court. |
Henry | Court of Criminal Appeals | |
State of Tennessee v. Leonard Harrison Beard, Jr.
The Defendant, Leonard Harrison Beard, Jr., was convicted by a Maury County Circuit Court jury of two counts of attempted first degree murder, a Class A felony; reckless endangerment, a Class A misdemeanor; unlawful possession of a firearm by a convicted felon, a Class B felony; reckless endangerment involving a habitation, a Class C felony; vandalism valued at $2,500 or more but less than $10,000, a Class D felony; and employing a firearm during the commission of a dangerous felony, a Class C felony. See T.C.A. §§ 39-12-101 (2018) (criminal attempt); 39-13-202 (2018) (subsequently amended) (first degree murder); 39-13-103 (2018) (reckless endangerment); 39-17-1307 (2018) (felon in possession of a firearm); 39-14-408 (Supp. 2024) (vandalism); 39-14-105 (2018) (subsequently amended) (grading); 39-17-1324 (2018) (subsequently amended) (employing a firearm during the commission of a dangerous felony). The trial court imposed an effective fifty-year sentence. On appeal, the Defendant argues that the trial court erred by denying his motion for a new trial on the basis that he received the ineffective assistance of counsel. We affirm the judgments of the trial court. |
Maury | Court of Criminal Appeals | |
Dwight Mitchell v. State Farm Insurance Company et al.
This is an appeal from a final judgment dismissing the plaintiff’s claims against a doctor as time barred and for failure to comply with the Health Care Liability Act. Because the appellant did not file his 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. |
Trousdale | Court of Appeals | |
Quadarius Deshun Martin v. State of Tennessee - Dissent
I respectfully dissent from the majority’s opinion reversing the trial court’s judgment and remanding for consideration of Appellant’s pleading as a motion to withdraw his guilty pleas pursuant to Tennessee Rule of Criminal Procedure 32(f) because I conclude that Appellant abandoned any claim of relief on appeal based on Rule 32(f). |
Henderson | Court of Criminal Appeals | |
State of Tennessee v. Joseph Raymond Cacciatore
Defendant, Joseph Raymond Cacciatore, appeals the trial court’s denial of his motion for a reduction of sentence pursuant to Tennessee Rule of Criminal Procedure 35 in which Defendant sought a reduction of his effective ten-year sentence of incarceration resulting from his guilty pleas to two counts of solicitation of a minor, three counts of coercion of a witness, and one count of attempted especially aggravated sexual exploitation of a minor. On appeal, Defendant contends that he received the ineffective assistance of counsel, that his plea was not knowingly and voluntarily entered, and that he was arrested and confined without being properly indicted. Upon review, we affirm the judgments of the trial court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. John Mark Hall
The Defendant, John Mark Hall, appeals his Knox County jury conviction of domestic assault, for which he received a sentence of eleven months and twenty-nine days on unsupervised probation after service of 192 hours in jail. On appeal, the Defendant contends that the State committed prosecutorial misconduct during closing arguments, that the sufficiency and weight of the evidence was lacking, and that the trial court erred by failing to rule on his renewed motion for judgment of acquittal pursuant to Tennessee Rule of Criminal Procedure 29. Discerning no error, we affirm. |
Court of Criminal Appeals | ||
In Re Skyler M.
Mother appeals the trial court’s findings that (1) termination of Mother’s parental rights is supported by the grounds of persistence of conditions, mental incompetence, and failure to manifest an ability and willingness to assume custody, and (2) termination is in the child’s best interest. Discerning no reversible error, we affirm. |
Davidson | Court of Appeals | |
State of Tennessee v. Michael Malik Tashaw Brown
The Defendant, Michael Malik Tashaw Brown, was convicted by a Madison County Circuit Court jury of filing a false police report, possession of marijuana, and leaving the scene of an accident. On appeal, he argues that the trial court erred in admitting irrelevant and prejudicial evidence about a shotgun found in his vehicle, and that the State failed to establish that he possessed illegal marijuana rather than legal hemp. Based on our review, we affirm the judgments of the trial court. |
Madison | Court of Criminal Appeals | |
THE WEATHERBY GROUP, LLC v. HERITAGE TRUST COMPANY
The sole issue in this appeal is whether the present action is barred by the doctrine of res judicata. The plaintiff concedes that the order in the previous action filed in circuit court satisfied the first three of the four elements of the doctrine of res judicata but denied that the prior action had been adjudicated on the merits. As for the fourth element, the chancery court ruled that the judgment in the circuit court action constituted an adjudication on the merits because the dismissal was “with prejudice.” On this basis the chancery court dismissed the action at bar. The plaintiff appeals. Finding no error, we affirm. |
Washington | Court of Appeals | |
State of Tennessee v. Andrew Steven Bryant
The Defendant, Andrew Steven Bryant, appeals from the Jefferson County Circuit Court’s |
Jefferson | Court of Criminal Appeals | |
In Re Conservatorship of Patricia L. Capelli
This appeal arises from a long-standing conservatorship, which was created in 1981. The primary issues pertain to the fees the conservator is entitled to receive for the various services she renders in administering the estate of the conservatorship and services the conservator renders as one of the caretakers for the ward, Patricia L. Capelli (hereinafter “Ms. Capelli”). Following an evidentiary hearing on the conservator’s fee applications for services rendered, the trial court bifurcated the conservator’s rate of compensation for caregiving as distinguished from management of the conservatorship. The court reduced the hourly rate of compensation for caregiving services to $25 per hour while allowing the conservator to be compensated at the rate of $115 per hour for services rendered in the management of the conservatorship, the rate the court had previously authorized for all services. The court also reduced the total hours claimed for both types of services. The court then ruled that, going forward, the conservator’s rate of compensation for any services would be $25 per hour. This appeal followed. We affirm the bifurcation of the rate of compensation for service previously rendered. However, finding this to be a complex conservatorship case, we modify the fee schedule going forward and hold that the conservator shall be paid the previously authorized rate of $115 per hour for services rendered in the management of the conservatorship but affirm the rate of compensation of $25 per hour for caregiving services rendered by the conservator. We also modify the trial court’s decision to disallow blocks of time for the caregiving services billed by the conservator. Further, we find that the conservatorship shall pay the reasonable and necessary attorney’s fees and costs incurred by the conservator in this appeal but not the attorney’s fees and costs incurred by Joseph Capelli. We also remand for the court to consider the applicable law and relevant facts regarding the construction of a pool on Ms. Capelli’s property. Thus, we remand this case to the trial court for further proceedings consistent with this decision. |
Rutherford | Court of Appeals | |
KATHRYN CLAIRE ADAMS v. CHARLENE S. FIELDS
This case concerns a dispute between a decedent’s daughter, acting in her capacity as the executrix of her father’s estate, and her father’s paramour. The Chancery Court for Campbell County (“the Trial Court”) found that the father’s paramour, the defendant, had exerted undue influence on him and converted approximately $241,000 from his accounts for her own benefit prior to his death. The defendant appeals. Discerning no reversible error, we affirm. |
Campbell | Court of Appeals | |
Daniel Harvey ET AL v. City of Memphis ET AL
This interlocutory recusal appeal arises from the trial court’s denial of a motion for recusal filed by the plaintiffs in the underlying action. The plaintiffs timely filed their petition for recusal appeal in this Court pursuant to Tennessee Supreme Court Rule 10B. Upon thorough review, we affirm the trial court’s denial of the motion for recusal. We deny as moot the plaintiffs’ request for a stay. |
Shelby | Court of Appeals | |
Gregory Bonds v. State of Tennessee
The Petitioner, Gregory Bonds, entered a guilty plea to seven offenses, for which he received a concurrent twelve-year term of imprisonment. The Petitioner subsequently filed a pro-se petition seeking post-conviction relief from his convictions, alleging that trial counsel was ineffective for allowing him to enter an agreement with the State for an illegal sentence. The Petitioner alleged that his sentence was illegal because the employing a firearm during the commission of a dangerous felony offense was ordered to be served concurrently with other offenses in direct contravention of the law. The post-conviction court summarily dismissed the petition for failure to state a colorable claim for relief. On appeal, the Petitioner argues: (1) the post-conviction court erred in failing to hold an evidentiary hearing for his claim of ineffective assistance of counsel; and (2) that he did not knowingly, voluntarily, or intelligently enter the plea agreement. Upon review, we affirm the judgment of the post-conviction court. |
Tipton | Court of Criminal Appeals | |
Dwight Randall Walton v. State of Tennessee
In 2012, a Sullivan County jury convicted the Petitioner, Dwight Randall Walton, of four |
Sullivan | Court of Criminal Appeals | |
Victor Trezevant v. State of Tennessee
Petitioner, Victor Trezevant, was convicted by a Shelby County jury of first degree felony murder committed during the perpetration of an attempted aggravated robbery, for which he received a life sentence. He subsequently filed a petition for post-conviction relief, which the post-conviction court denied after a hearing. On appeal, Petitioner contends that the post-conviction court erred when it denied relief on his claims of ineffective assistance of trial and appellate counsel. Following a thorough review, we affirm. |
Shelby | Court of Criminal Appeals | |
IN RE LACIE F.
A mother appeals the termination of her parental rights to her child. The juvenile court found clear and convincing evidence of two statutory grounds for termination: abandonment by failure to support and failure to manifest an ability and willingness to assume custody. It also determined by clear and convincing evidence that termination was in the child’s best interest. After a thorough review, we agree and affirm. |
Jefferson | Court of Appeals | |
MILLARD EARL KITZMILLER v. ROY KITZMILLER
This is a dispute between two brothers concerning the current ownership of real property their father owned at the time of his death. The plaintiff, contending the brothers are tenants in common because their father died intestate and they are his only heirs, seeks to partition the real property formerly owned by their father. The defendant contends he is the sole owner because he had an oral agreement with his father pursuant to which he would be bequeathed the property upon his father’s death in exchange for moving to his father’s property to work the farm and care for his father, which he claims to have done in reliance on the agreement. Thus, the defendant asserted a counterclaim by which he seeks specific performance of the oral agreement, a declaration that he is the sole owner of the property, and dismissal of the partition petition. Relying on the theories of equitable estoppel/estoppel in pais, the defendant also contends that the plaintiff may not assert a defense based on the statute of frauds, Tennessee Code Annotated § 29-2-101(a)(4). The trial court found that the defendant failed to establish a contract to make a will or devise property, and it also held that the alleged oral agreement was too vague to be enforced, that the defendant failed to fulfill his obligations under the agreement, and the agreement was unenforceable based on the statute of frauds. Thus, the court ruled that the parties jointly own the property as tenants in common, dismissed the defendant’s counterclaim and designated the order as a final judgment pursuant to Tennessee Rule of Civil Procedure 54.02. This appeal followed. We affirm. |
Washington | Court of Appeals | |
Jerrico Lamont Hawthorne v. State of Tennessee
Petitioner, Jerrico Lamont Hawthorne, appeals from the denial of his petition for postconviction |
Hamilton | Court of Criminal Appeals | |
Lavonte Douglas v. State of Tennessee
In 2020, a Hardeman County jury convicted the Petitioner, Lavonte Douglas, of first degree felony murder and attempted aggravated robbery, and the trial court sentenced him to an effective sentence of life. The Petitioner appealed, and this court affirmed his conviction and sentence. State v. Douglas, No. W2020-01012-CCA-R3-CD, 2021 WL 4480904, at *1 (Tenn. Crim. App. Sept. 30, 2020), perm. app. denied (Tenn. Feb. 28, 2023). The Petitioner filed a timely petition for post-conviction relief, amended by counsel, alleging that he received the ineffective assistance of counsel because his trial counsel failed to: object to hearsay statements; request in writing a curative jury instruction; and give a closing argument. He further contended that the cumulative effect of these errors entitled him to post-conviction relief. The post-conviction court denied his petition after a hearing. After review, we affirm the post-conviction court’s judgment. |
Hardeman | Court of Criminal Appeals |