Opinions

Thor Lucas Coleman v. State of Tennessee
M2025-01154-CCA-R3-PC
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge Joseph A. Woodruff

Petitioner, Thor Lucas Coleman, appeals from the summary dismissal of his petition for post-conviction relief. He argues that the post-conviction court erred in dismissing his petition without a hearing or the appointment of counsel. Petitioner raises for the first time on appeal two claims of ineffective assistance of counsel.  Upon review, we affirm the judgment of the post-conviction court. 

State of Tennessee, ex rel., Summer Springer v. Elijah Williams
W2025-00937-COA-R3-JV
Authoring Judge: Per Curiam
Trial Court Judge: Judge Michael U. King

The notice of appeal in this case was not timely filed. Therefore, this Court lacks jurisdiction to consider this appeal.

Billy Hughes et al. v. Lee Masonry Products, Inc. et al.
M2024-00852-COA-R3-CV
Authoring Judge: Presiding Judge Frank G. Clement Jr.
Trial Court Judge: Judge Adrienne Gilliam Fry

The homeowners and a general contractor commenced this action for breach of contract, breach of express warranty, and breach of implied warranty against a brick manufacturer and its distributor. The trial court granted summary judgment to the defendants based on the plaintiffs’ failure to provide an opportunity to cure. We affirm in part and reverse in part. Having determined that Article 2 of Tennessee’s Uniform Commercial Code controls the sale of the bricks and that the bricks were accepted, it was unnecessary for the plaintiffs to provide an opportunity to cure before filing suit. Still, we conclude that the manufacturer was entitled to summary judgment on all claims because it had no privity of contract with the plaintiffs.

Tammala Thompson v. State of Tennessee
M2025-00518-COA-R3-CV
Authoring Judge: Presiding Judge Frank G. Clement Jr.
Trial Court Judge: Commissioner James A. Halton

This appeal arises from a premises liability action commenced by Tammala Thompson (“Plaintiff”) for injuries she sustained while camping for the weekend at Cedars of Lebanon State Park (“the Park”). Plaintiff alleges that the State of Tennessee (“the State”), which owns and operates the Park, is liable for her injuries because the State negligently maintained an unsafe sidewalk. Relying upon the affirmative defense provided by the Tennessee Recreational Use Statute (“the TRUS”), the State filed a motion to dismiss the complaint. Plaintiff opposed the motion arguing that she was not engaged in recreational activity when the injury occurred because she was walking on a sidewalk; thus, the TRUS is not applicable. She also asserted that sidewalks are “improvements” which are not expressly exempted from liability under the TRUS. Finding the TRUS applicable and that no exceptions applied, the Claims Commission granted the State’s motion to dismiss. We affirm.

In Re Hunter W., et al.
W2025-00718-COA-R3-PT
Authoring Judge: Judge Kristi M. Davis
Trial Court Judge: Magistrate W. Ray Glasgow

A mother appeals the termination of her parental rights for abandonment by failure to visit,
abandonment by failure to support, persistence of conditions, and failure to manifest an
ability and willingness to assume custody of her children. Discerning no error, we affirm.

State of Tennessee v. William Dangelo Penny
W2025-00169-CCA-R3-CD
Authoring Judge: Presiding Judge Robert W. Wedemeyer
Trial Court Judge: Judge Donald H. Allen

In 2024, a Madison County jury convicted the Defendant, William Dangelo Penny, of felony evading arrest, misdemeanor evading arrest, leaving the scene of an accident, and driving while his license was suspended. The trial court sentenced him to nine years of incarceration. On appeal, the Defendant contends that the evidence is insufficient to support his convictions. He also contends that his motion for a continuance of his trial should have been granted. The State notes that the appeal is untimely. After review, we dismiss the appeal.

State of Tennessee v. James Lee Dennis
W2025-00492-CCA-R3-CD
Authoring Judge: Judge Steven W. Sword
Trial Court Judge: Judge Mark L. Hayes

The Defendant, James Lee Dennis, pled guilty to vehicular homicide by intoxication. After
a sentencing hearing, the trial court entered judgment ordering the Defendant to serve ten
years’ incarceration at one hundred percent service. The trial court also ordered the
Defendant to pay $113,700 in the form of child maintenance restitution pursuant to
Tennessee Code Annotated section 39-13-219. On appeal, the Defendant argues that the
trial court erred by ordering excessive restitution and by imposing a sentence above the
minimum required by law. Following our review, we affirm the trial court’s judgment.

Walker & Associates, Inc. v. Cecilia Walker Heffington, et al.
W2023-01360-COA-R3-CV
Authoring Judge: Judge Carma Dennis McGee
Trial Court Judge: Chancellor Melanie Taylor Jefferson

This is an appeal from a trial court’s decision to grant a motion to enforce a settlement
agreement. The trial court conducted an evidentiary hearing and concluded that the parties
had reached an enforceable agreement. We affirm.

STATE OF TENNESSEE v. JONATHAN MAINE LOWE
E2025-00140-CCA-R3-CD
Authoring Judge: Judge Kyle A. Hixson
Trial Court Judge: Judge Zachary R. Walden

The Defendant, Jonathan Maine Lowe, appeals his convictions for five counts of
aggravated sexual battery, one count of rape of a child, one count of rape, two counts of
incest, and two counts of child abuse or neglect, for which he received an effective
eighty-year sentence in confinement. On appeal, he argues that the trial court erred by: (1)
denying his motion to suppress statements made at the Department of Children’s Services
(“DCS”) office because such statements were elicited pursuant to a custodial interrogation
prior to his being given Miranda warnings; (2) improperly commenting on the evidence by
incorporating the State’s bill of particulars into its jury instructions as part of the State’s
election of offenses; and (3) relative to his convictions for child abuse or neglect, providing
an incorrect statement of law by giving a jury instruction for “child neglect” rather than for
“child abuse.” Additionally, the Defendant contends that the evidence is insufficient to
support his convictions for child abuse, or in the alternative, child neglect. After review,
we affirm.

JACOB RAY LANE v. STATE OF TENNESSEE
E2025-00305-CCA-R3-PC
Authoring Judge: Judge Steven W. Sword
Trial Court Judge: Judge Hector Sanchez

The Petitioner, Jacob Ray Lane, appeals from the Knox County Criminal Court's denial of
his petition for post-conviction relief, arguing that the post-conviction court erred in
concluding his guilty plea was not unlawfully induced. Discerning no error, we affirm the
post-conviction court’s judgment.

State of Tennessee v. Darrell Kindred Wakefield
W2025-00803-CCA-R3-CD
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge A. Blake Neill

Defendant, Darrell Kindred Wakefield, pled guilty to one count of sexual battery in exchange for a two-year sentence. He subsequently filed a motion to withdraw his guilty plea, pursuant to Tennessee Rule of Criminal Procedure 32(f)(2), asserting that his plea was not knowingly and voluntarily entered because he did not fully understand the consequences of being placed on the sex offender registry. The trial court denied the motion. On appeal, Defendant contends that the trial court erred in determining that he failed to establish a manifest injustice, warranting the withdrawal of the guilty plea. Upon review, we affirm.

In Re Tristan J.
M2025-00583-COA-R3-PT
Authoring Judge: Special Judge D. Kelly Thomas, Jr.
Trial Court Judge: Sheila Calloway

The Tennessee Department of Children’s Services (“DCS”) sought the termination of the mother’s and father’s parental rights to their son in the Juvenile Court for Davidson County (“the Juvenile Court”). The Juvenile Court found that DCS had failed to prove the statutory grounds for termination of the mother’s parental rights by clear and convincing evidence. Although the Juvenile Court found sufficient evidence for grounds for termination of the father’s parental rights, it declined to find that termination was in the child’s best interest given that the mother retained her parental rights. The guardian ad litem (“GAL”) appealed, and DCS joined in filing briefs arguing that the Juvenile Court erred. Upon careful review, we find that the Juvenile Court misapplied the law in its consideration of the ground of persistent conditions and provided insufficient findings of fact addressing relevant testimony in its consideration of both persistent conditions and failure to manifest an ability and willingness to assume custody as alleged against the mother. The Juvenile Court also provided conclusory statements for each best interest factor that it considered in relation to the father. We accordingly vacate the Juvenile Court’s judgment and remand this case for the Juvenile Court to properly apply the law in its analysis of persistent conditions against the mother and provide sufficient findings of fact in support of its conclusory statements in its analysis of persistent conditions and failure to manifest an ability and willingness to assume custody against the mother. We also remand for the Juvenile Court to provide factual findings in support of its conclusions as to the best interest factors applied to the father.

State of Tennessee v. Richard Lawrence Canada
M2025-00397-CCA-R3-CD
Authoring Judge: Judge Jill Bartee Ayers
Trial Court Judge: Chancellor Howard W. Wilson

Defendant, Richard Lawrence Canada, was convicted by a Rutherford County jury of eight counts of rape. The trial court sentenced Defendant to an effective eleven-year sentence to be served in confinement. Defendant appeals, arguing that the evidence is insufficient to support his convictions and that his sentence is excessive. Upon our review of the entire record, the briefs and arguments of the parties, and the applicable law, we affirm the judgments of the trial court.

Madison County, Tennessee v. Vatisha Evans-Barken
W2024-01813-COA-R3-CV
Authoring Judge: Presiding Judge J. Steven Stafford
Trial Court Judge: Judge Joseph T. Howell

In this appeal, an employee of the Madison County Sheriff’s Department challenges the termination of her employment on the ground that she lacked a required certification to serve as a police officer after a psychological examiner deemed her not qualified to hold her position. The local civil service board initially upheld the termination, but that decision was vacated by the trial court, and the matter remanded. On remand, the local civil service board disapproved of the termination and reinstated the officer. The matter was appealed once again to the trial court, where a different judge held that the board’s decision was based on improper procedure, unsupported by substantial and material evidence, and arbitrary and capricious. We reverse the decision of the trial court and reinstate the decision of the local civil service board.

Steve Paschall v. Pension Board of the Memphis Light Gas and Water Division Retirement and Pension System, et al.
W2025-00076-COA-R3-CV
Authoring Judge: Judge Carma Dennis McGee
Trial Court Judge: Chancellor James R. Newsom

The petitioner was employed at the Light, Gas, and Water Division of the City of Memphis (“MLGW”). During his employment, the employee participated in a pension plan. The employee was terminated in July 2016 but did not apply for his pension benefits. In 2022, the employee filed two retirement applications that were rejected. Both applications sought the payment of pension benefits retroactive to the 2016 termination date. The employee appealed to MLGW’s pension board. The pension board accepted the second application and instituted the payment of benefits as of its filing date. However, the board declined to award benefits retroactive to 2016. The employee sought judicial review in the Shelby County Chancery Court. The court held that the decision to deny the first application was arbitrary and capricious and ordered the payment of benefits to be deemed effective as of the date it was filed. However, it found that the decision to deny the claim for retroactive benefits stemming from the date of termination was not arbitrary and capricious as it was in accordance with the pension system’s plan. The employee appeals. We affirm.

Jontae A. Fischiettie v. Econo Auto Painting of West Tennessee, Inc.
W2025-00228-COA-R3-CV
Authoring Judge: Presiding Judge J. Steven Stafford
Trial Court Judge: Judge Damita J. Dandridge

Appellant brought this action after his car was painted the wrong color. During the course
of the proceedings, the trial court ordered the parties to submit to mediation subject to
certain guidelines requiring good faith participation, denied Appellant’s motion to recuse,
granted Appellees’ motion for partial summary judgment as to Appellant’s claim for
punitive damages, and ultimately granted Appellees’ motion to confess judgment as to
Appellant’s claims for breach of contract and negligence. Appellant appeals each of these
rulings. We reverse the trial court’s ruling as to Appellees’ motion to confess judgment,
but affirm in all other respects.

IN RE NAME CHANGE OF JOHN MONTRAIL DARISAW
E2025-01560-COA-R3-CV
Authoring Judge: JOHN W. MCCLARTY, P.J., E.S.; KRISTI M. DAVIS, J.; AND WILLIAM E. PHILLIPS, II, J.
Trial Court Judge: Chancellor John F. Weaver

Because the order from which the appellant has filed an appeal does not constitute a final appealable judgment, this Court lacks jurisdiction to consider this appeal.

State of Tennessee v. Louis Thomas Smith
W2025-00546-CCA-R3-CD
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge A. Blake Neill

Defendant, Louis Thomas Smith, appeals the Lauderdale County Circuit Court’s revocation of his supervised probation and the imposition of his original, ten-year sentence. Defendant contends that the trial court abused its discretion by finding that he violated the terms of his probation by absconding and asks this court to reverse that finding and “remand the case back to the trial court as a technical violation.” Following a thorough review, we affirm the judgment of the trial court.

Cedar Nordbye v. University of Memphis
W2024-01483-COA-R3-CV
Authoring Judge: Judge Carma Dennis McGee
Trial Court Judge: Chancellor JoeDae L. Jenkins

The University of Memphis initiated termination proceedings against a tenured faculty
member. An administrative hearing was held before a panel comprised of four other
tenured faculty members. The panel issued a report in which the majority of its members
found that the university had not proven adequate cause for the faculty member’s
termination. The report and a record of the hearing were provided to the university’s
president, who disagreed and signed a letter terminating the faculty member. The faculty
member sought review of the termination in the Shelby County Chancery Court. The
chancery court held that the university president did not have authority to issue a decision
contradictory to that of the faculty panel. The chancery court also held that the facts
contained in the record did not amount to clear and convincing evidence of adequate cause
for termination and ordered the faculty member be reinstated with backpay. The university
appeals. We reverse and remand for entry of an order consistent with this opinion.

State of Tennessee v. Montrell Reid
W2025-00780-CCA-R3-CD
Authoring Judge: Judge Matthew J. Wilson
Trial Court Judge: Judge Paula L. Skahan

Defendant, Montrell Reid, appeals from his guilty-pleaded convictions for harassment and stalking, both Class A misdemeanors. Under the plea agreement, Defendant agreed to serve eleven months and twenty-nine days for each count, with the sentences to be served consecutively and the manner of service to be determined by the trial court. At sentencing, the trial court denied Defendant’s request for probation and ordered that he serve his sentence in confinement. On appeal, Defendant contends that the trial court erred in denying his request for probation. Following our review, we affirm the trial court’s judgments as to the denial of probation, but we remand for a determination of the percentage of service pursuant to Tennessee Code Annotated section 40-35-302(d).

State of Tennessee v. Kortney Ball
M2026-00369-CCA-T10B-CO
Authoring Judge: Judge Timothy L. Easter; Presiding Judge Robert W. Wedemeyer; Judge Jill Bartee Ayers

This matter is before the Court upon petition of the Defendant, Kortney Ball, for an accelerated interlocutory appeal as of right pursuant to Supreme Court Rule 10B, Section 2. The Defendant seeks review of the trial judge’s order denying his pretrial motion to recuse. The Defendant waived his right to counsel and is proceeding on his own in the trial court. Upon review, and for the reasons stated below, the petition is denied.

State of Tennessee v. Justin Darnay Graves
W2024-01283-CCA-R3-CD
Authoring Judge: Judge Kyle A. Hixson
Trial Court Judge: Judge Donald H. Allen

The Defendant, Justin Darnay Graves, appeals his convictions for the sale and delivery of heroin and the sale and delivery of methamphetamine in an amount of one-half gram or greater. On appeal, the Defendant argues that the State failed to establish that Madison County was the proper venue in which to prosecute him for these drug charges, contending the proof established that the transaction occurred entirely in Gibson County. After review, we affirm the Defendant’s convictions for the delivery counts. We reverse the Defendant’s convictions for the sale of heroin and methamphetamine and remand the case for further proceedings.

State of Tennessee v. Stephen David Sterling
M2025-00449-CCA-R3-CD
Authoring Judge: Judge John W. Campbell, Sr.
Trial Court Judge: Judge Deana C. Hood

The Defendant, Stephen David Sterling, appeals from the trial court’s reinstatement of his original sentence in confinement following the revocation of his probation, arguing that the trial court abused its discretion in denying his request to enter an intensive residential drug and alcohol treatment program.  Based on our review, we affirm the judgment of the trial court. 

State of Tennessee v. Justin Darnay Graves -Concur in Part/Dissent in Part
W2024-01283-CCA-R3-CD
Authoring Judge: Judge Camille R. McMullen
Trial Court Judge: Judge Donald H. Allen

I agree with the majority opinion insofar as it reverses the Defendant’s convictions for the sale of heroin and methamphetamine. Because I disagree that Madison County had venue as to the charges pertaining to the Defendant’s delivery of those drugs, I respectfully dissent from the affirmance of those convictions.

State of Tennessee v. Justin Darnay Graves -Concur in Part/Dissent in Part
W2024-01283-CCA-R3-CD
Authoring Judge: Judge Steven W. Sword
Trial Court Judge: Judge Donald H. Allen

I agree with the majority in its legal conclusion that the evidence was sufficient to support the trial court’s and jury’s findings that the State had proven venue in Madison County on the counts of delivery of heroin and delivery of methamphetamine by a preponderance of the evidence. However, I must respectfully dissent from its finding that the State failed to establish venue in Madison County on the counts of sale of heroin and sale of methamphetamine by a preponderance of the evidence.