Opinions
State of Tennessee v. Asata Lowe
Pro se Petitioner, Asata Lowe, filed a “Petition for Delayed Appeal,” which was treated as a motion for a delayed appeal and summarily dismissed by the Blount County Circuit Court. In this appeal, Lowe argues that the post-conviction court erred when it “failed to consider whether [he] was denied ‘the right to an appeal from the original conviction’ and that the court made ‘erroneous findings of fact and legal conclusions.’” After review, we affirm the judgment of the post-conviction court. |
Court of Criminal Appeals | ||
State of Tennessee v. Tameka Hamilton
The Defendant, Tameka Hamilton, entered guilty pleas to various offenses including reckless endangerment, evading arrest, theft, identity theft, fraudulent use of a credit card, and forgery. The trial court imposed an effective sentence of eight years and placed the Defendant in a community corrections program. The Defendant subsequently violated her probation based on failure to complete the special conditions of the drug court program. In this appeal, the Defendant contends the trial court erred in ordering her to serve the remainder of her sentence in confinement. Upon review, we affirm. |
Court of Criminal Appeals | ||
Fred Beal v. State of Tennessee
Petitioner, Fred Beal, was convicted of first degree premeditated murder, felony murder, attempted first degree murder, two counts of attempted especially aggravated robbery, and employing a firearm during the commission of a dangerous felony, for which he received an effective sentence of life imprisonment plus twenty-two years. This court affirmed Petitioner’s convictions on direct appeal. Petitioner then filed a petition for post-conviction relief in which he claimed ineffective assistance of counsel, and the post-conviction court denied the petition after a hearing. In this appeal, Petitioner asserts that trial counsel was ineffective for failing to properly investigate a witness and to properly communicate with Petitioner, and that cumulative error prejudiced Petitioner. We affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
Monoleto Delshone Green v. State of Tennessee
Currently before the Court is the Petitioner’s pro se application for an extraordinary appeal. Tenn. R. App. P. 10. It is not entirely clear what the Petitioner is seeking to appeal, but he failed to attach to his application a copy of any trial court order appealable under Rule 10. An extraordinary appeal may be granted from an interlocutory order of a trial court if the appellate court determines the trial court has so far departed from the accepted and usual course of judicial proceedings as to require immediate review or if necessary for complete determination of the action on appeal. Tenn. R. App. P. 10(a). Thus, Rule 10 is utilized to gain interlocutory appellate review of a trial court order. Again, the Petitioner failed to attach a copy of any trial court order which demonstrates how the trial court has acted in an “arbitrary fashion” necessary to warrant an extraordinary appeal at this juncture of the trial court proceedings. Tenn. R. App. P. 10, Advisory Commission Comment (“[t]he circumstances in which review is available . . . are very narrowly circumscribed to those situations in which the trial court . . . has acted in an arbitrary fashion, or as may be necessary to permit complete appellate review on a later appeal”). Accordingly, the Petitioner’s application is hereby denied. Because it appears the incarcerated Petitioner remains indigent, costs are taxed to the State. However, the State has the authority to recoup the costs associated with this appeal from the Petitioner’s trust fund account, if appropriate. Tenn. Code Ann. § 40-25-143. |
Rutherford | Court of Criminal Appeals | |
State of Tennessee v. Brandon Tylor Mulac
After the Defendant, Brandon Tylor Mulac, was arrested in Smith County with 396 grams of methamphetamine in his vehicle, law enforcement executed a search warrant on his home in DeKalb County and found another 425 grams of methamphetamine. The Defendant subsequently filed a motion to suppress the evidence from the DeKalb County search and a motion to exclude evidence from his Smith County arrest based on Rule 404(b) of the Tennessee Rules of Evidence, both of which were denied by the trial court. Following a jury trial, the Defendant was convicted of possession with intent to sell or deliver over three hundred grams of methamphetamine and received a sentence of sixty years’ imprisonment. In this appeal, the Defendant argues the trial court erred based on the following three grounds: (1) in denying his motions to suppress because the search warrant and affidavit did not establish probable cause and because the affidavit contained false information in violation of Franks v. Delaware, 438 U.S. 154 (1978); (2) in admitting evidence from the Smith County traffic stop in violation of Rule 404(b); and (3) in denying his motion for judgment of acquittal because the evidence was insufficient to support the Defendant’s conviction.1 Upon review, we affirm. |
DeKalb | Court of Criminal Appeals | |
State of Tennessee v. Lamar Fletcher
Lamar Fletcher, Defendant, appeals the summary dismissal of his motion to correct an illegal sentence filed pursuant to Tennessee Rule of Criminal Procedure 36.1. After review, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
Marshall Turley v. John Mendez
The trial court dismissed Appellant’s complaint with prejudice, and he appeals. Due to the deficiencies in Appellant’s brief, we do not reach the substantive issues. Appeal dismissed. |
Shelby | Court of Appeals | |
Robert Wayne Gardner v. Grady Perry, Warden
The Petitioner, Robert Wayne Garner, appeals the summary dismissal of his petition for writ of habeas corpus for failure to state a cognizable claim for relief. Specifically, the Petitioner argues that he is entitled to habeas corpus relief because the trial court failed to explicitly order he serve his life sentence for felony murder in the Tennessee Department of Correction (“TDOC”) and failed to indicate the same on his felony murder judgment form. Additionally, the Petitioner alleges two procedural errors occurred in these proceedings: (1) the State was without authority to attach a proposed dismissal order to its motion to dismiss the habeas corpus petition, and (2) the habeas corpus court erred by simply signing the State’s dismissal order without providing extensive findings of fact and conclusions of law for its decision. After review, we affirm. |
Wayne | Court of Criminal Appeals | |
State of Tennessee v. Alphonso Elexander
After a bench trial, the Defendant, Alphonso Elexander, was convicted in the Rutherford County Circuit Court of aggravated burglary, misdemeanor vandalism, and possession of drug paraphernalia and received an effective six-year sentence to be served in confinement. On appeal, he claims that the evidence is insufficient to support his aggravated burglary conviction. Based upon our review, we affirm the judgments of the trial court. |
Rutherford | Court of Criminal Appeals | |
State of Tennessee v. Paul Springer
Defendant, Paul Springer, was charged with two counts of forgery in an amount $60,000 or more but less than $250,000 and one count of theft in an amount $60,000 or more but less than $250,000.1 Defendant’s jury trial ended in a mistrial after Defendant “violat[ed] a court order” by referencing an alleged victim’s prior criminal record. During the trial, Defendant was twice held in contempt of court, once for arriving late to court and again for violating the court’s order. Nearly three years after judgments were entered against Defendant for two counts of direct contempt of court, Defendant filed a “Motion to Dismiss Contempt of Court,” which the trial court denied.2 Defendant appeals, arguing the evidence was insufficient to support a finding of contempt. Having reviewed the record and the briefs of the parties, we conclude that the trial court lacked jurisdiction to hear Defendant’s motion to dismiss. Therefore, we dismiss the appeal. |
Shelby | Court of Criminal Appeals | |
In Re Conservatorship of Susan Davis Malone
This emergency conservatorship action was litigated along with an action to establish a permanent conservatorship. The trial court’s judgments in both actions have been appealed. Because the appeal in the permanent conservatorship action has resolved the issues raised in this appeal, we dismiss the appeal as moot. |
Shelby | Court of Appeals | |
Rosalynn (Victor) Addis v. Ryan Keith Addis
This appeal arises from a divorce proceeding in which the trial court adopted the wife’s marital property division and the wife’s proposed permanent parenting plan, found the husband willfully unemployed and imputed his income at $252,850.50 per year for child support purposes, and awarded the wife rehabilitative alimony, alimony in futuro, and a judgment in the amount of $43,407.50 for attorney’s fees. Husband appeals. We affirm in part and vacate in part. |
Wilson | Court of Appeals | |
In Re Conservatorship of Susan Davis Malone
This is a conservatorship action. Appellants are attorneys who prepared estate planning documents for Susan Davis Malone in 2014 and 2018. Ms. Malone’s 2018 documents included a durable power of attorney and power of attorney for healthcare (“DPOAs”) in favor of Appellants. In that 2018 healthcare DPOA, Ms. Malone appointed Appellants to serve as her conservator should the need arise. In 2021, Ms. Malone suffered a disabling healthcare event, and Appellants provided for her care pursuant to the 2018 documents. In 2022, Ms. Malone purportedly revoked the 2018 DPOAs and executed DPOAs in favor of her daughter, Appellee Lisa Malone Jackson. Appellants filed a petition to be appointed conservator; Ms. Jackson filed a counter-petition. The proceedings in the trial court initially focused on whether Ms. Malone had the capacity to revoke the 2018 DPOAs and to execute the 2022 DPOAs. During the proceedings, Appellants filed two motions to recuse the trial judge. The trial court denied both motions. On appeal, this Court affirmed. While Appellants’ second motion to recuse was pending, the trial court found good cause to hold an evidentiary hearing on the merits of the competing conservatorship petitions. Attorneys did not participate in the hearing, and the trial court appointed a neutral interim conservator. Shortly after it denied Appellants’ second motion to recuse, the trial court determined that an additional hearing was not necessary. The trial court found that the 2022 documents were valid and concluded without an evidentiary hearing that it was in Ms. Malone’s best interest to appoint Appellees to serve as co-conservators. Upon review of the record, we determine that the evidence is insufficient to support the trial court’s judgment. We vacate the judgment and remand the case for further proceedings. Additionally, we reverse the trial court’s dismissal of the guardian ad litem. |
Shelby | Court of Appeals | |
Kimberly Sue Speranza v. Scott Michael Speranza
In this divorce case, Appellant/Wife appeals the trial court’s denial of her Tennessee Rule of Civil Procedure 59.04 motion to alter or amend the final decree of divorce. Although Wife and Appellee/Husband tendered proposed final decrees and orally announced their consent to be divorced and to divide the marital estate, they did not file a written property-settlement agreement. In her Rule 59.04 motion, Wife asserts, inter alia, that the parties did not come to an agreement concerning the division of two marital assets, i.e. stock in Husband’s company, and funds held by the trial court Clerk. In the absence of such agreement, Wife contends that the trial court erred in entering its final decree and in the division of the disputed assets. Discerning no error, we affirm. |
Williamson | Court of Appeals | |
In Re Estate of Korey DeJuan Dupree
This appeal arises from a probate matter in which the trial court, inter alia, granted by default a motion for substitution of the original personal representative. The original personal representative filed a motion to vacate the default order and later filed a “Verified Petition for Temporary Restraining Order without Notice” to prevent the disbursement of funds received from a related wrongful death suit. While the motion and petition were pending, the successor personal representative petitioned to close the estate and discharge personal representative, which the trial court granted. The original personal representative appeals, contending that it was error to grant the substitution of personal representative by default due to a lack of proper notice and hearing. After a review of the record, we find that there has been no adjudication of the motion to vacate the order removing the original personal representative or the petition for temporary restraining order. Therefore, the judgment of the trial court is not final, and we must dismiss the appeal for lack of subject matter jurisdiction. |
Shelby | Court of Appeals | |
Christopher Terrell Shipp v. State of Tennessee
Christopher Terrell Shipp, Petitioner, was convicted of one count of criminally negligent homicide, one count of felony murder, two counts of attempted aggravated robbery, and one count of attempted second degree murder after a jury trial. He was sentenced to an effective sentence of life in prison. On direct appeal, Petitioner challenged the sufficiency of the evidence and the admission of the preliminary hearing testimony of one of the victims in the home invasion. State v. Shipp, No. M2016-01397-CCA-R3-CD, 2017 WL 4457595, at *1-2 (Tenn. Crim. App. Oct. 5, 2017), perm. app. denied (Tenn. Feb. 14, 2018). Petitioner filed a pro se petition for post-conviction relief seeking post-conviction relief on the basis of ineffective assistance of counsel. An amended petition filed after counsel was appointed raised additional claims, including a Brady claim based on the State’s withholding of a witness statement before the preliminary hearing. After an evidentiary hearing, Petitioner sought removal of his appointed counsel. This Court denied Petitioner’s application for an extraordinary appeal and the post-conviction court denied the petition for post-conviction relief. Eventually, Petitioner was allowed to proceed pro se on appeal. Because Petitioner has either waived his issues or failed to prove his allegations by clear and convincing evidence, we affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
Genash, LLC v. Rose Legacy, LLC as successor in interest to Agnoletti Properties, LLC
In this commercial lease dispute, the tenant sued the landlord for breach of contract and fraudulent inducement, and the landlord counterclaimed for breach of contract. The trial court granted the tenant’s motion for partial summary judgment on its breach of contract claim, concluding that the landlord breached the lease. The matter then proceeded to trial, where the jury returned a verdict on a list of issues, including damages on the tenant’s breach of contract claim, the landlord’s defenses to the breach of contract claim, the tenant’s fraudulent inducement claim, and the landlord’s breach of contract claim against the tenant. The jury found in favor of the tenant on both of its claims against the landlord but only awarded damages on the breach of contract claim. The jury concluded that the landlord had not proven its breach of contract claim. We have determined that the trial court erred in granting the tenant’s motion for partial summary judgment on the breach of contract claim and, therefore, reverse and remand. |
Davidson | Court of Appeals | |
IN RE AZALAYA J.
This action involves the termination of the parents’ parental rights to their minor child. Following a bench trial, the court found that clear and convincing evidence existed to establish statutory grounds of termination as applied to each parent. The court found that termination was in the best interest of the child. We affirm the court’s termination decision. |
Knox | Court of Appeals | |
IN RE KANIEL Y.
This action involves the termination of a mother’s parental rights to her minor child. Following a bench trial, the court found that clear and convincing evidence existed to establish at least one statutory ground of termination. The court also found that termination was in the best interest of the child. We affirm the trial court’s termination decision. |
Knox | Court of Appeals | |
State of Tennessee v. Antonio K. Champion
Movant, Antonio K. Champion, appeals from the trial court’s denial of his motion to correct an illegal sentence related to his guilty-pleaded convictions in Madison County Circuit Court case numbers 22-488 and 22-489. 1 On appeal, he argues that the trial court erred by denying his motion because he was improperly sentenced as a Range II offender based upon several prior convictions, which he asserts also involved “illegal” sentences. After a thorough review of the record, we affirm. |
Madison | Court of Criminal Appeals | |
In Re Markus E.
In this dependency and neglect action, the juvenile court adjudicated the child dependent and neglected in 2015 and found that the child was the victim of severe child abuse perpetrated by one or both of his parents. The parents appealed that decision to the circuit court. Because a termination petition was filed shortly thereafter, the circuit court stayed the dependency and neglect appeal pending the outcome of the termination action. Both parents’ parental rights were terminated pursuant to the severe child abuse ground in Tenn. Code Ann. § 36-1-113(g)(4), but the Tennessee Supreme Court reversed that determination. The dependency and neglect appeal then resumed in the circuit court, and the Department of Children’s Services filed an amended dependency and neglect petition alleging new facts. The mother filed a motion to dismiss the amended petition on the basis that the court lacked jurisdiction to consider the petition, and she filed a motion to dismiss the case, arguing that the Supreme Court’s decision in the termination case barred all claims in the dependency and neglect case under the doctrine of res judicata. The circuit court denied both motions but permitted the parties to pursue an interlocutory appeal. We reverse the circuit court’s determination that the severe child abuse claim was not precluded, but we affirm the court in all other respects. |
Davidson | Court of Criminal Appeals | |
Helena Agri Enterprises, LLC v. Ted Rains d/b/a AG Services
Appellee filed a complaint against Appellant over a contract dispute, and Appellant failed to timely file a responsive pleading. The trial court granted a default judgment in favor of Appellee. Appellant filed a motion for the trial court to set aside the default judgment, and the trial court denied that motion. On appeal, Appellant asserts that the trial court abused its discretion in granting the default judgment by failing to properly consider all relevant factors and by disregarding an issue related to venue. After review, we affirm the judgment of the trial court. |
Decatur | Court of Appeals | |
State of Tennessee v. Jason Patrick Odom
The Defendant, Jason Patrick Odom, was convicted by a Davidson County Criminal Court jury of theft of property valued at $2,500 or more but less than $10,000, a Class D felony; burglary of a motor vehicle, a Class E felony; and vandalism of property valued at $1,000 or less, a Class A misdemeanor. See T.C.A. §§ 39-14-103 (2018) (theft of property); 39- 14-105 (2018) (grading of theft); 39-13-1002 (Supp. 2022) (subsequently amended) (burglary); 39-14-408 (Supp. 2022) (subsequently amended) (vandalism). The trial court imposed concurrent sentences of twelve years for theft, six years for burglary, and eleven months, twenty-nine days for vandalism. On appeal, the Defendant contends that (1) the evidence is insufficient to support his convictions and (2) the trial court erred by admitting a photograph into evidence. We affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
John Allen Hessmer v. State of Tennessee
In two separate criminal proceedings, one in Smith County and one in Wilson County, the Petitioner, John Allen Hessmer, was convicted of two felony offenses and two misdemeanors. The trial court sentenced him to an effective sentence of twenty-four years’ incarceration. Approximately one year later, the Petitioner applied for a writ of habeas corpus in Wilson County, alleging that his Smith County convictions were void. He also asserted that he had not received proper credit for time served in pretrial detention. The habeas corpus court summarily dismissed the application, concluding that it lacked jurisdiction over the convictions from a different county and that the application otherwise failed to state a cognizable claim for relief. The Petitioner appealed, arguing that the habeas corpus court improperly dismissed the application. Upon our review, we respectfully disagree with the Petitioner and affirm the judgment of the habeas corpus court. |
Wilson | Court of Criminal Appeals | |
JESSICA GARVIN v. MARIAH SHELTON
On remand from this Court, Appellant filed a motion for attorney’s fees and costs in the trial court. As the basis for her motion, Appellant relied on Tennessee Code Annotated section 20-12-119 (contemplating an award of attorney’s fees to a party on grant of his or her Tennessee Rule of Civil Procedure 12 motion to dismiss), and on this Court’s mandate from the first appeal, wherein we remanded the case to the trial court for, inter alia, “collection of costs.” The trial court denied the motion, and Appellant appeals. Discerning no error, we affirm. |
Knox | Court of Appeals |