Opinions

Donald Batiste, et al. v. The Memphis and Shelby County Board of Adjustment, et al.
W2025-00836-COA-R3-CV
Authoring Judge: Judge Andy D. Bennett
Trial Court Judge: Chancellor James R. Newsom

The president of a homeowner’s association filed a petition for a writ of certiorari seeking review of a decision by a local zoning board. The chancery court dismissed the petition, finding that the petition was insufficiently verified. After review, we affirm.

State of Tennessee v. Denisha Simmons
E2025-00487-CCA-R3-CD
Authoring Judge: Judge J. Ross Dyer
Trial Court Judge: Judge Andrew M. Freiberg

The defendant, Denisha Simmons, appeals the order of the trial court revoking her
probation and ordering her to serve her four-year sentence in confinement. Upon our
review of the record, the parties’ briefs, and oral arguments, we affirm the revocation and
disposition of the defendant’s probation.

State of Tennessee v. Joshua F. Linebarger
E2025-00170-CCA-R3-CD
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge Steven W. Sword

Defendant, Joshua F. Linebarger, pleaded guilty to two counts of felony theft, reckless
burning, and assault. For his convictions, the trial court ordered Defendant to serve an
effective ten-year sentence on supervised probation. Less than two months after the
judgments were entered, a violation of probation warrant was issued. Defendant submitted
to the violations, and the trial court held a hearing to determine the consequence of his
violations. The trial court fully revoked Defendant’s probation and ordered Defendant to
serve his sentences. Defendant appeals. Having reviewed the record and the briefs of the
parties, we affirm the trial court’s judgments.

State of Tennessee v. Jansen L. Smith
M2025-00357-CCA-R3-CD
Authoring Judge: Judge Camille R. McMullen
Trial Court Judge: Judge Bradley Sherman

Following the denial of his motion to suppress, the Defendant was convicted by a Sequatchie County Jury of driving under the influence (DUI), first offense, a Class A misdemeanor. See Tenn. Code. Ann. § 55-10-401. He received a sentence of eleven months and twenty-nine days of supervised probation after service of twenty days in jail on weekends. In this appeal, the Defendant argues the trial court erred in overruling his motion to suppress and admitting evidence obtained from an unlawful detention. The Defendant contends his arrest was without reasonable suspicion of criminal activity and unsupported by probable cause in violation of the Fourth and Fourteenth Amendments to the United States Constitution and Article I, Section 7 of the Tennessee Constitution. Because the subsequent detention of the Defendant exceeded the duration of a Terry-type investigatory stop in violation of the Fourth Amendment, we conclude that any evidence seized as a result should have been suppressed as “fruit of the poisonous tree.” Wong Sun v. United States, 371 U.S. 471 (1963). Accordingly, we reverse the judgment of the trial court, vacate the Defendant’s conviction, and dismiss the charge in this case.

Laura Kisana v. Isaac Caldiero
E2025-01350-COA-R3-CV
Authoring Judge: Per Curiam
Trial Court Judge: Judge Kyle E. Hedrick

The appellant, Isaac Caldiero (“Appellant”), filed a notice of appeal with this Court in September 2025, which states that Appellant is appealing the August 8, 2025 order of the Hamilton County Circuit Court (“the Trial Court”). Upon receiving the appellate record in this appeal, this Court reviewed the record on appeal to determine if the Court has subject matter jurisdiction over the appeal pursuant to Tennessee Rule of Appellate Procedure 13(b).

State of Tennessee v. Joseph McDowell
E2024-01932-CCA-R3-CD
Authoring Judge: Judge J. Ross Dyer
Trial Court Judge: Judge Barry A. Steelman

The defendant, Joseph McDowell, was convicted by a Hamilton County jury of two counts
of sexual battery by an authority figure. The trial court imposed a sentence of six years’
incarceration in the first count and six years’ probation in the second count, to be served
consecutively. On appeal, the defendant argues that the trial court erred in 1) denying his
motion to exclude his statements concerning his sexuality and 2) ordering his sentences be
served consecutively. Following a thorough review of the record, the briefs, and oral
arguments of the parties, we affirm the judgments of the trial court.

State of Tennessee v. Jesse Wayne Craddock
M2024-01886-CCA-R3-CD
Authoring Judge: Judge Matthew J. Wilson
Trial Court Judge: Judge Brody Kane

Defendant, Jesse Wayne Craddock, appeals his Wilson County Criminal Court jury convictions of felony murder and aggravated child neglect, arguing that the evidence was insufficient to support those convictions, that the statute proscribing aggravated child neglect is unconstitutionally vague, that the trial court erred by denying his motion to suppress evidence seized from his person, that the trial court erred by failing to instruct the jury on intoxication, and that the imposition of a life sentence for his conviction of felony murder in the perpetration of aggravated child neglect amounts to cruel and unusual punishment. Discerning no error, we affirm.

Stanley H. Trezevant, et al. v. Collierville Auto Center, Inc.
W2024-01907-COA-R3-CV
Authoring Judge: Presiding Judge J. Steven Stafford
Trial Court Judge: Judge Cedrick D. Wooten

At the conclusion of proof in a bench trial in a breach of lease action, the trial court dismissed the plaintiffs’ claims on the basis that both plaintiffs lacked standing. We affirm the trial court’s ruling that the individual plaintiff’s lack of standing rendered his claim moot but vacate the trial court’s decision regarding the plaintiff company.

Teresa Sumpter v. State of Tennessee
W2025-00539-CCA-R3-PC
Authoring Judge: Judge Robert H. Montgomery, Jr.
Trial Court Judge: Judge Carlyn L. Addison

The Petitioner, Teresa Sumpter, appeals from the Shelby County Criminal Court’s denial
of post-conviction relief from the Petitioner’s convictions for felony theft and money
laundering and her effective sixty-year sentence. On appeal, the Petitioner contends that
the post-conviction court erred by denying relief on her ineffective assistance of counsel
claims. We affirm the judgment of the post-conviction court.

State of Tennessee v. Rhonda Carole Sterbenz
M2025-00912-CCA-R3-CD
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge William A. Lockhart

Rhonda Carole Sterbenz, the Defendant, was convicted by a Coffee County Circuit Court jury of driving under the influence (DUI), fifth offense; DUI per se, fifth offense; violating the open container law; and failing to exercise due care. See T.C.A. § 55-10-401 (2024) (DUI); § 55-10-416 (2024) (open container); § 55-8-136 (2024) (failure to exercise due care). The DUI convictions merged, and the Defendant received an effective sentence of two years and one day. On appeal, the Defendant claims that the evidence is insufficient to support her DUI convictions. We affirm the judgments of the trial court.

Tony Von Carruthers v. State of Tennessee
W2026-00226-CCA-R3-PD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Carlyn L. Addison

For events in 1994, a Shelby County jury convicted the Petitioner, Tony Von Carruthers, of three counts of first degree murder, three counts of especially aggravated kidnapping, and one count of especially aggravated robbery. The Petitioner unsuccessfully appealed his convictions, as well as filed for post-conviction relief, Federal habeas corpus relief, and motions to reopen. As relevant here, in 2021, the Petitioner filed a petition pursuant to the Post-Conviction Fingerprint Analysis Act of 2021. He sought fingerprint analysis comparison of prints taken from the home of two of the murder victims and known latent prints of Ronnie Irving, a man implicated in these murders by co-defendant James Montgomery in 2010. The post-conviction court summarily dismissed the petition after concluding that the Petitioner was not entitled to mandatory or discretionary testing. On appeal, the Petitioner contends that the post-conviction court erred when it denied his petition. After review, we affirm the post-conviction court’s judgment.

Glyn Dale v. Guy Bosch, Warden
M2025-01454-CCA-R3-HC
Authoring Judge: Judge Robert H. Montgomery, Jr.
Trial Court Judge: Judge Michael Collins

Glyn Dale, the Petitioner, appeals from the Trousdale County Circuit Court’s order summarily denying his petition for a writ of habeas corpus. The State in its brief requests that this court affirm the habeas corpus court’s judgment pursuant to Rule 20 of the Tennessee Court of Criminal Appeals. We conclude that the State’s request is well-taken and affirm the judgment of the habeas corpus court.

Monica D. Sorensen v. Jayson R. Sorensen
M2024-01651-COA-R3-CV
Authoring Judge: Presiding Judge J. Steven Stafford
Trial Court Judge: Judge Kathryn Wall Olita

The trial court denied Husband’s timely motion to alter or amend a divorce decree involving child custody, child support, and the distribution of military retirement benefits. Several days later, the trial court entered a Military Retired Pay Division Order. Husband’s notice of appeal was filed more than thirty days after the former order, but within thirty days of the latter order. Because we determine that the time for filing an appeal from the order denying Husband’s motion was not affected by the entry of the Military Retired Pay Division Order, we conclude that Husband’s appeal was untimely. Without a timely filed notice of appeal, this Court lacks jurisdiction, and the appeal is dismissed.

State of Tennessee v. Martinez Obrien Carter
M2024-01817-CCA-R3-CD
Authoring Judge: Judge John W. Campbell, Sr.
Trial Court Judge: Judge Russell Parkes

The Defendant, Martinez Obrien Carter, was convicted in the Maury County Circuit Court of selling heroin, a Class B felony; selling fentanyl, a Class C felony; and casual exchange of fentanyl, a Class A misdemeanor. After a sentencing hearing, the trial court sentenced him as a Range III, persistent offender to concurrent sentences of twenty-five years; twelve and one-half years; and eleven months, twenty-nine days, respectively. On appeal, the Defendant claims that (1) potential jurors were exposed to prejudicial extraneous information regarding his custodial status, (2) the State committed prosecutorial misconduct during its cross-examination of a defense witness, (3) the trial court improperly limited defense counsel’s impeachment of the State’s confidential informant; and (4) the verdicts are against the weight of the evidence. Based upon the oral arguments and our review of the record and the parties’ briefs, we affirm the judgments of the trial court.

State of Tennessee v. Tyrome Cameron Ferguson
E2025-00044-CCA-WR-CO
Authoring Judge: Judge Steven W. Sword
Trial Court Judge: Judge Sandra Donaghy

The Defendant, Tyrome Cameron Ferguson, was charged by a Monroe County grand jury
with two counts of aggravated assault and one count of reckless endangerment with a
deadly weapon relating to an alleged road-rage incident. On the first day of the Defendant’s
trial, the trial court found that the State had violated Tennessee Rule of Criminal Procedure
16 and declared a mistrial. In a subsequent hearing, the trial court ordered the State to pay
defense counsel $500 “as a contribution toward his attorney[’s] fees” as a sanction for its
discovery violation. The Defendant’s charges were ultimately dismissed by agreement.
The State thereafter filed both an application for extraordinary appeal pursuant to
Tennessee Rule of Appellate Procedure 10 and a petition for common law writ of certiorari
challenging the trial court’s assessment of $500. We denied the State’s application for an
extraordinary appeal but granted its petition for writ of certiorari. State v. Ferguson, No.
E2025-00044-CCA-WR-CO (Tenn. Crim. App. Apr. 1, 2025) (Order). Finding that the
trial court’s order violated the State of Tennessee’s sovereign immunity from suit, we grant
certiorari and reverse and vacate the trial court’s order.

Vonda Star Smith v. State of Tennessee
E2025-00640-CCA-R3-PC
Authoring Judge: Judge Jill Bartee Ayers
Trial Court Judge: Judge John F. Dugger, Jr.

Petitioner, Vonda Star Smith, appeals the denial of her petition for post-conviction relief, arguing that the post-conviction court erred in denying her claim that the State withheld exculpatory evidence in violation of Brady v. Maryland. Petitioner also argues that the post-conviction court erred in denying her claims that trial counsel was ineffective for failing to (1) obtain a DNA expert, (2) object to a comment made by the trial court, (3) object to the State’s introduction of an undisclosed impeachment statement, and (4) call a corroborating witness. Upon review of the entire record, the briefs of the parties, and the applicable law, we affirm the judgment of the post-conviction court.

State of Tennessee v. Jayshawn Edward Williams
E2025-00542-CCA-R3-CD
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge G. Scott Green

Jayshawn Edward Williams, Defendant, was convicted by a jury of second degree murder
for the shooting death of Travis Brown in Knoxville. The trial court sentenced Defendant
to a thirty-six-year sentence. After the denial of a motion for new trial, Defendant appealed,
arguing that the evidence was insufficient to support the conviction because the proof did
not establish his identity and because he acted in self-defense. Because we determine the
evidence was sufficient to support the conviction, we affirm the judgment of the trial court.

State of Tennessee v. James Hewitt and Kelli Hewitt
M2026-00291-CCA-R8-CO
Authoring Judge: Judge Jill Bartee Ayers; Presiding Judge Robert W. Wedemeyer; Judge Robert L. Holloway, Jr.

This matter is before the Court upon motion of the Defendants, James and Kelli Hewitt, for review of the conditions of their pretrial release. See Tenn. R. App. P. 8; Tenn. Code. Ann. § 40-11-144. The State opposes. For the reasons discussed below, the Defendants’ motion is denied.

State of Tennessee v. Demetruice Bennett
E2025-00599-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Steven W. Sword

In 2023, a Knox County jury convicted the Defendant, Demetruice Bennett, of assault,
several offenses involving the possession of a weapon and evading arrest. The trial court
sentenced the Defendant, a Range II offender, to a total effective sentence of twenty years,
to be served at 100%. On appeal, the Defendant contends that: (1) the trial court erred
when it admitted a video showing that he possessed a firearm on a day different from the
day upon which the indicted offenses occurred; (2) his trial counsel was ineffective for
failing to object to the admissibility of the video; and (3) the evidence is insufficient to
support his convictions related to his possession of a firearm. After review, we affirm the
trial court’s judgments.

Elliott J. Schuchardt v. Board of Professional Responsibility of the Supreme Court of Tennessee
E2024-00812-SC-R3-BP
Authoring Judge: Justice Mary L. Wagner
Trial Court Judge: Senior Judge D. Kelly Thomas

This is an attorney discipline case. Elliott J. Schuchardt was licensed to practice law in Tennessee in 2008. Beginning in 2019, several individuals reported Mr. Schuchardt to the Board of Professional Responsibility. These complaints detailed conduct that implicated the following rules of professional conduct (“RPC”): RPC 1.1 (Competence), 1.3 (Diligence), 1.4(a)–(b) (Communication), 1.5(b) (Fees), 1.7(a)(1) (Conflict of Interest), 1.16(d) (Declining or Terminating Representation), 3.2 (Expediting Litigation), 3.3(a)(1) (Candor Toward the Tribunal), 3.4(c) (Fairness to Opposing Party and Counsel), 4.2 (Communication with a Person Represented by Counsel), 4.4(a)(1) (Respect for the Rights of Third Persons), 8.1(a) (Bar Admission and Disciplinary Matters), 8.2(a)(2) (Judicial and Legal Officials), 8.4(c) (Misconduct-Dishonesty/Fraud/Deceit/Misrepresentation), and 8.4(d) (Misconduct-Administration of Justice). A Hearing Panel of the Board of Professional Responsibility found that Mr. Schuchardt violated these RPCs on forty-seven occasions and recommended disbarment. The Knox County Chancery Court affirmed. Mr. Schuchardt now asks us to reverse. Because ample evidence supports the decisions below, we affirm Mr. Schuchardt’s disbarment.

James William Rose et al. v. Patrick M. Malone
M2023-01239-COA-R3-CV
Authoring Judge: Judge Thomas R. Frierson, II
Trial Court Judge: Judge Michael Binkley

In this grandparent visitation action, the grandparents filed a contempt petition, alleging that the child’s father had violated provisions of a previously entered visitation order. At the conclusion of the hearing, the trial court rendered an oral ruling and found the father in contempt. Before the trial court’s entry of a written order regarding contempt, however, the father filed a motion seeking the trial court judge’s recusal. The trial court entered orders adjudicating the contempt charges and the father’s bond before entering a written order adjudicating the recusal issue. The trial court then entered orders awarding attorney’s fees to the grandparents. The father has appealed. Upon review, we determine that the trial court erred by entering further orders before entering an order adjudicating the recusal motion. We therefore vacate the trial court’s August 2023 bond orders and the August 2023 order regarding the second contempt petition, which were entered while the motion to recuse was pending. We reverse the trial court’s orders awarding attorney’s fees to the grandparents. We remand this matter to the trial court for further proceedings consistent with this Opinion.

CHARLES EDWARD COPELAND ET AL. v. SCG IV-KARCH’S CROSSING, LLC
E2025-01018-COA-R3-CV
Authoring Judge: Judge Kristi M. Davis
Trial Court Judge: Chancellor Deborah C. Stevens

This is an appeal from a premises liability, slip-and-fall claim against the owner of a shopping center. The husband slipped and fell while trying to get into his vehicle at a shopping center owned by the defendant company. The defendant filed a motion for summary judgment, which the trial court granted. The plaintiffs filed a motion to alter or amend, which the trial court denied. The plaintiffs appeal. We affirm.

Patrick Michael Wallen v. LC Germantown Owner, LLC
M2025-00873-COA-R3-CV
Authoring Judge: Judge Steven W. Maroney
Trial Court Judge: Judge Clifton David Briley

Because Appellant’s notice of appeal was untimely, this Court lacks subject-matter jurisdiction over the appeal, and it is dismissed.

Jaylun Malik Currie v. State of Tennessee
W2025-00800-CCA-R3-PC
Authoring Judge: Judge Robert H. Montgomery, Jr.
Trial Court Judge: Judge A. Blake Neill

The Petitioner, Jaylun Malik Currie, appeals from the Tipton County Circuit Court’s denial of post-conviction relief from the Petitioner’s convictions for aggravated kidnapping, aggravated assault by strangulation, and aggravated criminal trespass and his effective eight-year sentence. On appeal, the Petitioner contends that the post-conviction court erred by denying relief on his ineffective assistance of counsel claims and that he was prejudiced by the cumulative effect of counsel’s alleged multiple instances of deficient performance. We affirm the judgment of the post-conviction court.

State of Tennessee v. Ronald Matthew Lacy
E2022-01442-SC-R11-CD
Authoring Judge: Justice Sarah K. Campbell
Trial Court Judge: Judge Jeffery Hill Wicks

Ronald Matthew Lacy was a luxury car middleman. In 2015, through a series of electronic communications sent from Kentucky, Lacy persuaded the owner of a car dealership in Tennessee to wire him funds for a Mercedes. But Lacy never delivered the Mercedes or returned the funds. In this appeal, we consider whether a Tennessee court had statutory territorial jurisdiction to convict Lacy of theft for that conduct. We conclude that it did. We further conclude that Lacy’s theft conviction was supported by sufficient evidence. We therefore uphold Lacy’s conviction and affirm the judgment of the Court of Criminal Appeals