Opinions
State of Tennessee v. Carlos Ometrick Stasher
Defendant, Carlos Ometrick Stasher, was convicted by a Putnam County jury of possession of a firearm by a convicted felon and evading arrest.1 The trial court imposed an effective ten-year sentence to be served in confinement. On appeal, Defendant argues that the trial court erred by denying his motion to suppress the firearm found in his vehicle; that the trial court erred by allowing the State to present evidence of his prior possession of a firearm; and that the trial court erred by allowing the State to impeach him with prior convictions. Upon review of the record, the briefs of the parties, arguments of counsel, and the applicable law, we conclude that the trial court erred by admitting evidence of Defendant’s prior possession of a firearm and by allowing the State to impeach Defendant with a prior conviction for possession of a firearm. However, we conclude that the error was harmless and affirm Defendant’s convictions. |
Putnam | Court of Criminal Appeals | |
In Re Lucas S.
This is a termination of parental rights appeal. The father appeals the judgment of the trial court that terminated his parental rights to his minor child based on abandonment by willful failure to visit. The trial court further concluded that termination was in the child’s best interests. Discerning no error, we affirm the trial court’s judgment. |
Montgomery | Court of Appeals | |
State of Tennessee v. Gregory Livingston
A Shelby County jury convicted Defendant, Gregory Livingston, of first degree premeditated murder for which he received a sentence of life imprisonment. On appeal, Defendant challenges (1) the sufficiency of the evidence supporting the conviction; (2) the admission of the autopsy report prepared by a non-testifying forensic examiner and testimony from a medical examiner who did not conduct the autopsy; (3) the admission of a video recording from a police officer’s body camera showing the victim’s girlfriend crying following the shooting; and (4) the admission of Defendant’s statement that he previously killed others. Upon review, we affirm. |
Shelby | Court of Criminal Appeals | |
STACIE SMITH v. GARY MEEK
This appeal arises out of a landlord-tenant dispute between Appellant Stacie Smith and Appellee Gary Meek. In response to a plumbing issue in her rented home, Ms. Smith sought injunctive relief from the Knox County General Sessions Court requiring Mr. Meek to make certain repairs to the home. The General Sessions Court granted the requested injunction, which Mr. Meek appealed to the Knox County Circuit Court. Following a bench trial, the Circuit Court entered judgment in favor of Mr. Meek and dismissed Ms. Smith’s complaint. Finding no reversible error, we affirm the judgment of the Circuit Court. |
Knox | Court of Appeals | |
Richard Crawford v. State of Tennessee
Petitioner, Richard Crawford, appeals the denial of his petition for post-conviction relief, which challenged his Shelby County Criminal Court convictions of especially aggravated robbery, attempted especially aggravated kidnapping, attempted second degree murder, and employing a firearm during the attempt to commit a dangerous felony, claiming that he was deprived of the effective assistance of counsel and due process of law. Discerning no error, we affirm. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Todd Johnathan Grubb
The Defendant, Todd Johnathan Grubb, appeals from the Meigs County Criminal Court’s |
Court of Criminal Appeals | ||
State of Tennessee v. Tracy Lebron Vick
The Defendant, Tracy Lebron Vick, pleaded guilty to second degree murder as a Range II offender and received a forty-year sentence. The Defendant filed two motions to correct an illegal sentence pursuant to Tennessee Rule of Criminal Procedure 36.1, which the trial court summarily dismissed for the failure to state a colorable claim. On appeal, the Defendant contends that the court erred in denying relief. We affirm the judgment of the trial court. |
Court of Criminal Appeals | ||
STATE OF TENNESSEE v. JULIUS GODBOLT
The Defendant, through counsel, seeks an extraordinary appeal pursuant to Tennessee Rule of Appellate Procedure 10 from the trial court’s order entered on July 23, 2025, denying his motion to continue the trial scheduled for July 28, 2025. The attachments to the application include, among other materials, the Defendant’s motion to continue filed on July 9, 2025, and the trial court’s order denying that motion. Upon review of the application and its supporting documents, we conclude that the Defendant has not demonstrated grounds for extraordinary relief under Rule 10. Accordingly, a response from the State is not required, and the application is respectfully DENIED. |
Knox | Court of Criminal Appeals | |
Annajoel Sullivan v. Tennessee Department of Safety and Homeland Security
Following an alleged failure to properly assess whether a driver was impaired as part of an investigation of a car crash, the Tennessee Department of Safety and Homeland Security fired a probationary employee trooper. The trooper filed suit, claiming that the Department actually fired her because of her age, sex, and national origin. The trial court granted summary judgment to the Department. The trooper appealed. We affirm. |
Davidson | Court of Appeals | |
Samson K. Orusa et al. v. First National Bank of America
Homeowners sought to void the foreclosure sale of their home, asserting that the bank did not advertise the sale as required. The trial court granted the bank summary judgment, concluding that the bank was not properly served and that the foreclosure had been properly advertised. The homeowners appeal. We affirm based on failure of service of process. |
Montgomery | Court of Appeals | |
ROBERT A. MARTIN ET AL. v. ROBERT E. MARTIN ET AL.
Robert A. Martin (“Father”) and Donna Saas (“Daughter”) (collectively “Plaintiffs”) filed a petition in the Chancery Court for Cumberland County (“the Trial Court”), seeking the removal of Robert E. Martin (“Son”) as trustee of the Martin Irrevocable Trust (“the Trust”) and making claims of breach of fiduciary duty and conversion of assets against Son and his wife, Karen Martin (“Son’s Wife”) (collectively, with Son, “Defendants”). The Trial Court struck Defendants’ defenses and denials in their answer given their failure to provide an accounting of the Trust’s assets despite the Trial Court’s orders to do so. After a hearing on damages, the Trial Court awarded Daughter half of the asset that was supposed to have been put in the Trust, half of the funds that Son had converted from Father’s accounts, attorney’s fees, punitive damages, and lost wages. Defendants appeal. Discerning no reversible error, we affirm. |
Cumberland | Court of Appeals | |
Jackie Mansfield Broyles v. Calvin C. Herrin, Jr., individually and d/b/a Hickory Creek Barbecue et al.
After slipping and falling on accumulated snow and ice at a restaurant, a man filed a premises liability lawsuit against the owner of the restaurant. The trial court granted summary judgment to the owner based on its finding that the owner owed no duty to protect the man from accumulated snow and ice because the incident occurred during an ongoing winter storm. Discerning no error, we affirm the trial court’s decision. |
Warren | Court of Appeals | |
State of Tennessee v. David Anthony Avery
The Petitioner, David Anthony Avery, acting pro se, appeals from the summary dismissal of his third motion pursuant to Rule 36.1 of the Tennessee Rules of Criminal Procedure seeking correction of his sentence. As grounds, the Petitioner asserts his sentence is illegal because attempted murder, a crime which he was convicted of, does not exist in Tennessee. Because the Petitioner’s motion failed to state a colorable claim for relief, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
Derrick Darnell Moore and Demichael Tyrone Moore v. State of Tennessee
Petitioner Derrick Darnell Moore and Co-Petitioner Demichael Tyrone Moore1 were jointly tried and convicted of first degree murder, among other offenses, for which they were each sentenced to an effective term of life imprisonment. Thereafter, they filed separate petitions for post-conviction relief, alleging that they were denied the effective assistance of counsel at trial. Specifically, the Petitioners raised three shared claims, arguing that their respective trial lawyers (1) failed to call key witnesses to testify; (2) failed to seek suppression of cell phone data; and (3) failed to raise or preserve an objection to hearsay for the later appeal. In addition to these shared claims, Petitioner Derrick Moore presented two individual grounds for relief, contending that the post-conviction court erred in denying his claims that his lawyer (1) failed to effectively communicate and investigate the case; and (2) failed to fulfill promises made during opening statements. Co-Petitioner Demichael Moore raised one additional individual claim, asserting that his lawyer was ineffective in failing to object to testimony regarding his history of incarceration. Finally, both Petitioners asserted that the cumulative prejudicial effect of these alleged deficiencies entitled them to post-conviction relief. After a hearing, the post-conviction court denied relief, and the Petitioners appealed. Upon our review, we respectfully affirm the judgments of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Antwon DeJuan Wiley
Following a trial, a Weakley County jury found Defendant, Antwon Dejuan Wiley, guilty of aggravated robbery and theft under $1,000, for which the trial court sentenced him to a total effective sentence of fifteen years’ incarceration. On appeal, Defendant contends that the evidence is insufficient to support his conviction for aggravated robbery and that the trial court should have merged his conviction for theft under $1,000 with the aggravated robbery conviction based upon double jeopardy principles. Following a thorough review, we affirm Defendant’s convictions and sentences but remand for the merger of his conviction for theft under $1,000 into his aggravated robbery conviction and entry of amended judgments reflecting the merger. |
Weakley | Court of Criminal Appeals | |
State of Tennessee v. Tony Thomas
Defendant appeals his Shelby County Criminal Court jury conviction of aggravated rape, challenging the sufficiency of the convicting evidence and arguing that the trial court should have dismissed the indictment based on either pre-indictment delay or the failure to follow the mandates of Tennessee Rule of Criminal Procedure 5, that post-indictment delay deprived him of the right to a speedy trial, that the trial court erred by refusing to grant a mistrial following the victim’s in-court outburst, that the trial court violated his right to counsel, and that the trial judge should have recused himself. Upon review, we discern no error, and, accordingly, affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
IN RE KENNA R., ET AL.
This appeal concerns termination of parental rights. The Tennessee Department of Children’s Services (“DCS”) filed a petition in the Juvenile Court for Hawkins County (“the Juvenile Court”) seeking to terminate the parental rights of Rikiya P. (“Mother”) to her minor children Annabelle, Jasmine, and Liam (“the Children,” collectively), as well as the parental rights of Daniel R. (“Father”) to Liam.1 The Children had been removed from Mother and Father’s custody because Mother starved and beat Kenna, Father’s daughter by another mother.2 Father was aware of the abuse but failed to protect Kenna. The Juvenile Court terminated Mother’s and Father’s parental rights on the ground of severe child abuse. Mother and Father appeal. We find, as did the Juvenile Court, that the ground of severe child abuse was proven against Mother and Father by clear and convincing evidence. We find further, as did the Juvenile Court, that clear and convincing evidence supports termination of Mother’s and Father’s parental rights as being in the best interest of the Children. We affirm. |
Hawkins | Court of Appeals | |
State of Tennessee v. Sentrell Pittman
Defendant, Sentrell Pittman, was indicted by the Shelby County Grand Jury for one count each of rape of a child, aggravated sexual battery, and rape. A jury convicted Defendant as charged, and following a sentencing hearing, the trial court imposed an effective thirty-year sentence. Defendant appeals, arguing that: 1) the evidence was insufficient to support his convictions; 2) the trial court erred in denying Defendant’s motion to compel the victim to submit to a mental evaluation; 3) the trial court erred in denying Defendant’s motion to allow the jury to visit the scenes of the incidents; 4) the trial court erred in denying Defendant’s motion to dismiss the indictment based on the State’s violation of State v. Ferguson; and 5) the trial court erred in denying Defendant’s motion under Tennessee Rule of Evidence 412 seeking to allow cross-examination of the victim regarding her prior sexual history. Finding no error, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. William C. Sutton
The Defendant, William C. Sutton, received and signed a written trespass notice from Walmart informing him that he was banned from entering its retail locations for life. Less than a year later, the Defendant entered one of Walmart’s retail locations and left without paying for clothing items he concealed in a plastic bag. Before trial, the Defendant made an oral motion in limine to exclude the trespass notice as inadmissible hearsay, which the trial court denied. The jury subsequently convicted the Defendant of burglary, for which he received a twelve-year sentence of imprisonment. On appeal, the Defendant argues that the trial court erred in denying his motion in limine and that the evidence is insufficient to support his conviction. After review, we affirm. |
Knox | Court of Criminal Appeals | |
ESTATE OF MARTHA HARRISON BANE v. JOHN BANE
In this declaratory judgment action, the trial court denied the appellant’s motions, filed one year after a decision from this Court affirming the trial court’s final judgment, seeking to intervene as a party in the lawsuit and to “correct” the trial court’s previous order. The trial court also awarded sanctions to the opposing party pursuant to Tennessee Rule of Civil Procedure 11. The appellant timely appealed these rulings. Following our thorough review, we affirm the trial court’s denial of the appellant’s motion to intervene as untimely. However, we vacate the trial court’s award of Rule 11 sanctions and remand for the limited purpose of allowing the trial court to make the appropriate findings concerning its adjudication of the Rule 11 motion, including the ability to hold a hearing, if necessary, regarding the factual analysis required by Rule 11. The appellant’s other issues are pretermitted due to his status as a non-party. We decline to award attorney’s fees incurred on appeal to the appellee, and we further decline to impose sanctions against the appellee’s counsel for representations made during oral argument. |
Cocke | Court of Appeals | |
In Re Mykeena C. et al.
Mother and Father appeal the termination of their parental rights to their two shared children. We conclude the trial court properly found that the Department of Children’s Services proved by clear and convincing evidence at least one ground for termination as to each parent and that termination of parental rights is in the children’s best interest. Accordingly, we affirm the trial court’s termination of parental rights. |
Montgomery | Court of Appeals | |
State of Tennessee v. Fredrick Devell Rice, Jr.
The Defendant, Fredrick Devell Rice Jr., entered guilty pleas to being a convicted felon in possession of a firearm, tampering with evidence, and felony drug possession with intent to sell. The trial court imposed an effective sentence of ten years and placed the Defendant on probation after service of twelve months incarceration. The Defendant subsequently tested positive for fentanyl and norfentanyl four times. At the Defendant’s probation violation hearing, the Defendant objected to an assessment report the State offered through a witness who did not prepare it as inadmissible hearsay, which was overruled by the trial court. The trial court revoked the Defendant’s probation and ordered him to serve the remainder of his sentence. In this appeal, the sole issue presented for our review is whether the trial court erred in admitting the testimony from the assessment report. After review, we affirm. |
Rutherford | Court of Criminal Appeals | |
State of Tennessee v. Reginald Jenkins
Reginal Jenkins, Defendant, appeals from his convictions for two counts of attempted first degree murder and two counts of employing a firearm during a dangerous felony, claiming there was insufficient evidence regarding identity and premeditation. We disagree with Defendant’s claims and affirm the judgments. |
Shelby | Court of Criminal Appeals | |
BIOBELE GEORGEWILL V. CMH HOMES, INC.
The plaintiff seeks recusal of the trial judge pursuant to Tenn. Sup. Ct. R. 10B. The trial judge denied the plaintiff’s sixth motion to recuse. The plaintiff’s Rule 10B petition fails to comply with the rule, and the grounds for recusal offered are without merit. We affirm the trial court’s decision. |
McMinn | Court of Appeals | |
Hannah Development, LLC v. Maverick General Contractors, LLC et al.
A Tennessee residential homebuilder alleged that a Floridian general contractor and its principal fraudulently disguised the painting of fencing at the principal’s personal residence as a legitimate business expense on a fraudulent invoice submitted to and paid by the Tennessee company. The company brought a tort suit in Tennessee. The trial court granted the Defendants’ motion to dismiss for lack of personal jurisdiction. We conclude that the homebuilder’s allegations and the Defendants’ contacts with Tennessee are sufficient for specific personal jurisdiction, and that exercising personal jurisdiction would not violate the Due Process Clause. Accordingly, we reverse. |
Sumner | Court of Appeals |