Opinions
Tiffany Lee Lee v. Jeremy David Lee
The trial court entered a final decree in a contentious divorce. Based on the proof at trial, the court classified, valued, and divided the marital estate. It also awarded the wife alimony in solido to equalize the division, alimony in futuro, and attorney’s fees. Both parties raise issues on appeal. Upon review, we conclude the court erred in omitting two marital assets from the division and in calculating a marital debt, which skewed the division in the husband’s favor. Because the court expressly intended to make an equal division, we modify the court’s equalization award. Otherwise, we affirm. |
Sumner | Court of Appeals | |
Michael Ray Scholl v. Jolene Renee Scholl
This matter concerns criminal contempt and an order of protection. Jolene Renee (Scholl) Bauer (“Wife”) and Michael Ray Scholl (“Husband”) divorced in the Chancery Court for Montgomery County (“the Trial Court”). Husband was ordered not to go around Wife’s work or residence. Wife later filed a motion for criminal contempt against Husband alleging that he went around her residence, the parties’ former marital residence, in violation of the court’s order. She also sought an order of protection, citing Husband’s history of violence toward her. After a hearing, the Trial Court granted Wife an order of protection. The Trial Court found Husband guilty on two counts of criminal contempt for texting Wife’s neighbor to ask what was happening with Wife and the house. Husband appeals. We affirm the Trial Court’s granting Wife an order of protection. However, we find that Husband did not receive adequate notice of the charges against him and that the evidence is insufficient to support the criminal contempt findings by the Trial Court of Husband’s guilt beyond a reasonable doubt. We reverse the findings of criminal contempt against Husband. We therefore affirm, in part, and reverse, in part, the judgment of the Trial Court. |
Montgomery | Court of Appeals | |
IN RE ALIZAH S.
A mother appeals a juvenile court’s decision to terminate her parental rights to her child based on three statutory grounds. She also challenges the juvenile court’s finding by clear and convincing evidence that termination of her parental rights was in the best interests of the child. Discerning no error, we affirm. |
Knox | Court of Appeals | |
Thasha A. Boyd v. Alan L. Jakes et al.
This is an accelerated interlocutory appeal as of right. The petitioner seeks review of the trial court’s denial of her motion for recusal. Discerning no error upon our review of the petition for recusal appeal, we affirm. |
Warren | Court of Appeals | |
Adem Homes, LLC v. Alexandria Hart v. Said Moammed, ET AL.
This appeal concerns a detainer action. Mekey Adem, Said Moammed, and Adem Homes, LLC (“Adem”) (“Landlords,” collectively) sought to evict Alexandria Hart (“Tenant”) for non-payment of rent. The General Sessions Court for Shelby County (“the General Sessions Court”) ruled against Tenant, who then appealed to the Circuit Court for Shelby County (“the Circuit Court”). Tenant attempted to post her birth certificate as the possessory bond to allow her to remain on the premises while her appeal was pending. The Circuit Court rejected this and granted Adem a writ of possession. Ultimately, Tenant was ordered to pay rent she owed plus reasonable attorney’s fees. Tenant appeals. We affirm. Pursuant to the lease agreement, Adem is entitled to its reasonable attorney’s fees incurred on appeal, the amount of which the Circuit Court is to determine on remand. |
Shelby | Court of Appeals | |
State of Tennessee v. Deon LaMonte Young
Defendant, Deon Lamonte Young, was convicted of possession of a firearm after having been convicted of a violent felony, driving on a revoked or suspended license, driving with an open container, and failing to stop at a stop sign. The State filed notice of intent to seek enhanced punishment based on six of Defendant’s prior felony convictions. The trial court imposed an effective twenty-five year sentence with eighty-five percent release eligibility as a Range III, persistent offender. On appeal, Defendant argues that the evidence was insufficient to support his conviction for possession of a firearm; that his sentence was excessive; and that the trial court committed plain error by “abrogat[ing] its duty to ensure a fair trial when it did not address whether [Defendant] intended to stipulate to his felony status, and failed to provide adequate instructions to the jury.” However, because the appeal is untimely and the interest of justice does not require waiver of the timely filing of the notice of appeal, we dismiss the appeal. |
Hamblen | Court of Criminal Appeals | |
State of Tennessee v. Charles Edward Blankenship
Defendant, Charles Blankenship, was convicted by a Monroe County jury of possession of 300 grams or more of methamphetamine with the intent to sell or deliver and possession of a firearm after having been convicted of a violent felony. He received an effective sentence of fifty-two years’ incarceration. Defendant appeals, arguing that 1) he was denied his right to an impartial jury; 2) the trial court erred in denying his motion to suppress his statement; 3) the evidence was insufficient to support his conviction for possession of methamphetamine; 4) the trial court erred in revoking his bond during the trial; and 5) the trial court abused its discretion in ordering his sentences to be served consecutively. Upon review of the entire record, the briefs and oral argument of the parties, and the applicable law, we affirm the judgments of the trial court. |
Monroe | Court of Criminal Appeals | |
State of Tennessee v. Johnny Robert Bowen, Jr.
The Defendant, Johnny Robert Bowen, Jr., appeals from the order of the trial court revoking his probation. The Defendant contends the admission of the drug screening report violated his confrontation rights because there was an insufficient showing of good cause or reliability. He additionally argues the trial court abused its discretion in fully revoking his probation by failing to consider any other alternative to incarceration. After review, we affirm the judgment of the trial court. |
Bedford | Court of Criminal Appeals | |
State of Tennessee v. Kevin McDougle
In 2024, the Defendant, Kevin McDougle, filed his eighth motion pursuant to Tennessee Rule of Appellate Procedure 36.1 seeking to correct an illegal sentence. The trial court summarily denied the Defendant’s motion for failure to state a colorable claim. On appeal, the Defendant contends that the trial court erred when it denied his motion. After a thorough review of the record and applicable authorities, we affirm the trial court’s judgment. |
Shelby | Court of Criminal Appeals | |
Frederick Demetrius DeBerry v. State of Tennessee
A Fayette County jury convicted the Petitioner, Frederick Demetrius Deberry, of aggravated rape, and the trial court imposed a twenty-year sentence to be served consecutively to a federal sentence. The Petitioner thereafter filed an application for a writ of habeas corpus, asserting that his conviction and sentence were void for the following reasons: (1) the trial court improperly overruled his objections to the State’s peremptory strikes of Black jurors; (2) the trial court improperly admitted hearsay testimony; (3) trial and appellate counsel rendered ineffective assistance; (4) the evidence was insufficient to support his conviction; (5) the court unlawfully enhanced his sentence and ordered it to run consecutively to his federal sentence; and (6) the post-conviction court erred by dismissing his earlier petition without a hearing. The habeas corpus court summarily dismissed the application, concluding that the alleged claims, even if true, would render the challenged judgment voidable rather than void. The Petitioner now appeals. Upon our review, we respectfully affirm the judgment of the habeas corpus court |
Hardeman | Court of Criminal Appeals | |
In Re Paisley B. et al.
In this termination of parental rights case, Appellant/Father appeals the trial court’s termination of his parental rights to the minor children on the grounds of: (1) abandonment by failure to visit; (2) persistence of conditions; and (3) failure to manifest an ability and |
Maury | Court of Appeals | |
State of Tennessee v. Gary Douglas Craigo, Jr.
The Defendant, Gary Douglas Craigo, Jr., appeals his Sumner County Criminal Court convictions of aggravated rape and extortion, for which he received an effective sentence of twenty-nine years’ incarceration. On appeal, the Defendant challenges the sufficiency of the convicting evidence for each of his convictions. Discerning no error, we affirm. |
Sumner | Court of Criminal Appeals | |
Kejuan King v. State of Tennessee
Petitioner, Kejuan King, appeals the denial of his petition for post-conviction relief, claiming the post-conviction court erred in concluding that he received the effective assistance of trial counsel related to his conviction for second degree murder and his resulting twenty-five-year sentence. Petitioner argues that trial counsel failed to adequately investigate Petitioner’s self-defense claim, failed to effectively present a self-defense theory at trial, and failed to advocate against certain jury instructions. Petitioner further argues that the cumulative effect of trial counsel’s failures amounts to a Sixth Amendment violation. After review, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
Beverly Jean Cullins Pickett v. Garry Lynn Pickett
In this divorce action, a husband challenges the trial court’s finding that the parties’ jointly owned real property transmuted into marital property during a nine-year marriage. The husband also asserts that the trial court erred in finding him in contempt of the final decree before the decree became a final order. Discerning no error, we affirm the trial court as to the finding that the parties’ home became marital property during the marriage. We reverse, however, the finding of contempt against the husband. |
Lincoln | Court of Appeals | |
In Re Isabella P.
In this case involving termination of the father’s parental rights to his child, the Cannon County Chancery Court (“trial court”) determined that clear and convincing evidence supported termination as to five statutory grounds: substantial non-compliance with a permanency plan, persistence of the conditions that led to the child’s removal from the parents’ custody, severe child abuse, incarceration of a parent for more than ten years when the child is under eight years of age, and failure to manifest an ability and willingness to assume legal and physical custody of or financial responsibility for the child. The trial court further determined that termination of the father’s and mother’s parental rights was in the child’s best interest. The father has appealed. Upon review, we vacate the trial court’s determination concerning the ground of substantial noncompliance with a permanency plan. In all other respects, we affirm. |
Cannon | Court of Appeals | |
State of Tennessee v. Arthur Davis Hicks, Jr.
Arthur Davis Hicks, Jr., (“Defendant”) appeals his convictions for reckless aggravated assault resulting in death and felon in possession of a weapon, for which he received a total effective sentence of twenty-eight years’ incarceration. Defendant contends that: (1) the evidence is insufficient to support his convictions; (2) the trial court abused its discretion by admitting testimony from the State’s expert forensic scientist regarding gunshot residue analysis performed by her co-worker; (3) the trial court erred in excluding testimony regarding the victim’s prior history of carrying a weapon and his “violent tendencies”; and (4) the trial court imposed an excessive sentence. Upon review, we affirm the judgments of the trial court. |
Lincoln | Court of Criminal Appeals | |
Gerald McDaniel, et al. v. Edwin Frazier, III, et al.
Appellants purchased a home without first personally viewing the property. Following the sale, Appellants discovered defects that they claim should have been disclosed to them prior to the sale. The trial court granted motions for summary judgment in favor of the sellers of the house and the licensed home inspector. Discerning no error, we affirm the judgment of the trial court. |
Madison | Court of Appeals | |
STATE OF TENNESSEE v. KORTNEY DALON BALL
The Appellant, Kortney Dalon Ball, is appealing his conviction and the sentence he |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Timothy Aaron Baxter
The petitioner, Timothy Aaron Baxter, appeals from the Madison County Circuit Court’s denial of his pro se motion to correct a clerical error pursuant to Tennessee Rule of Criminal Procedure 36. Based on our review of the record, the parties’ briefs, and the applicable law, we affirm the decision of the trial court. |
Madison | Court of Criminal Appeals | |
Caroline Brown Smithwick v. Fred Barksdale Smithwick, IV
Appellant/Mother appeals the trial court’s grant of Appellee/Father’s post-divorce petitions to modify the permanent parenting plan and for contempt. The trial court changed the children’s primary residential parent from Mother to Father. Although the trial court made a change in custody, it applied Tennessee Code Annotated section 36-6-101(a)(2)(C), which addresses modification of a residential schedule. Tennessee Code Annotated section 36-6-101(a)(2)(B), which addresses modifications of custody, is the applicable statute. The trial court also charged Mother with one child’s tuition. In doing so, the trial court failed to comply with the requirements of the Child Support Guidelines. As such, we vacate the order: (1) modifying the permanent parenting plan; (2) modifying the Child Support Worksheet, and (3) charging Mother with the child’s private school tuition. The trial court also charged Mother with retroactive child support, found her guilty of three counts of civil contempt for alleged violations of the permanent parenting plan, and ordered her to pay Father’s attorney’s fees as punishment for the contempt. Because the record does not support the trial court’s findings of contempt, we reverse the contempt holdings and the award of attorney’s fees to Father. Because there is no basis for an award of retroactive child support, we also reverse that holding. |
Shelby | Court of Appeals | |
State of Tennessee v. Destiny Sharina Williams
The State appeals the trial court’s dismissal of the indictment against the defendant, Destiny Sharina Williams, charging her with assault and abuse of a vulnerable adult. The State argues that dismissal was in error because the trial court based its decision on the State’s failure to object to a delayed dismissal of warrants against the defendant in city court. Upon our review of the record, the applicable law, and the parties’ briefs, we reverse the trial court’s order dismissing the indictment, reinstate the charges against the defendant, and remand the case to the trial court for further proceedings. |
Madison | Court of Criminal Appeals | |
Tarvis Weatherly v. State of Tennessee
The petitioner, Tarvis Weatherly, 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. |
Shelby | Court of Criminal Appeals | |
THE EDWARD JACKSON YOUNGER FAMILY IRREVOCABLE TRUST, BY AND THROUGH ANGELA TRACY YOUNGER, TRUSTEE, ET AL. V. EVELYN W. ROSS, PERSONALLY AND INDIVIDUALLY AND AS SETTLOR OF THE EVELYN W. ROSS IRREVOCABLE LIFE INSURANCE TRUST, ET AL.
In this case involving the sale of a life insurance policy, the trial court conducted a hearing on the same day regarding the four defendants’ various motions to dismiss and the plaintiffs’ motion for summary judgment. The court denied the defendants’ motions to dismiss. Concerning three defendants, including the appellant, the court partially granted the plaintiffs’ motion for summary judgment as to liability upon finding that those defendants had failed to respond to the summary judgment motion. Following a subsequent bench trial, the trial court found that the defendants had breached an agreement with the plaintiffs to sell the life insurance policy directly to the plaintiffs, selling it to a separate trust instead, and that the defendants had done so through a “scheme to defraud” the plaintiffs. Upon the plaintiffs’ amended complaint, the trial court also found that the defendants had violated the Tennessee Viatical Settlement Act of 2009, codified at Tennessee Code Annotated § 56-50-101, et seq. Finding the defendants to be jointly and severally liable, the trial court awarded to the plaintiffs a judgment in the amount of $418,450.87 plus attorney’s fees in the amount of $252,867.19. One of the defendants has appealed. Discerning no reversible error, we affirm the judgment with the correction of one mathematical error. Pursuant to the terms of the trust agreement, we grant the plaintiffs’ request for an award of reasonable attorney’s fees on appeal. We remand this case to the trial court for enforcement of the modified judgment and for a determination of the plaintiffs’ reasonable attorney’s fees incurred on appeal. |
Knox | Court of Appeals | |
STATE OF TENNESSEE v. KORTNEY DALON BALL
The Appellant, Kortney Dalon Ball, is appealing his conviction and the sentence he |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Timothy D. Stanton
A Knox County jury convicted the Defendant, Timothy Stanton, of aggravated kidnapping, aggravated assault, and domestic assault. The trial court imposed an effective sentence of twelve years’ incarceration. On appeal, the Defendant argues that the trial court erred in denying his motion for a judgment of acquittal upon conclusion of the State’s case. He also asserts that his conviction for aggravated kidnapping cannot stand because the victim’s confinement was merely incidental to the accompanying assault under State v. White, 362 S.W.3d 559 (Tenn. 2012). Upon our review, we respectfully affirm the judgments of the trial court. |
Knox | Court of Criminal Appeals |