Nedra R. Hastings v. Larry Maurice Hastings, Jr.
W2022-00433-COA-R3-JV
Authoring Judge: Judge Thomas R. Frierson, II
Trial Court Judge: Magistrate Terre Fratesi

This case arises from a protracted and contentious child support action, which began in
2005 with a petition for child support filed on behalf of the mother seeking child support
assistance from the father for care of the parties’ minor son. Over the years, the parties
filed numerous petitions to modify the child support amount, petitions for contempt for
failure to pay medical and other expenses, petitions for changes in visitation with the child,
objections to the appointment of magistrates by the juvenile court judge, and requests to
rehear many of the motions and petitions. All pending matters were ultimately dismissed
for failure to prosecute in an order entered December 1, 2020.1 This appeal arises from
two petitions filed by the mother after the dismissal for failure to prosecute. The first was
a petition for contempt against the father for failure to pay medical and dental expenses for
the child and failure to pay the full child support amount, and the second was a petition
seeking payment of extraordinary expenses for the child related to his senior year of high
school and an extension of the father’s child support obligations until the child reached the
age of twenty-one. Upon thorough review of the record and consideration of the issues
raised by the mother on appeal, we affirm the decisions of the trial court.

State of Tennessee v. Tony Manning
E2022-01715-CCA-R3-CD
Authoring Judge: Judge Tom Greenholtz
Trial Court Judge: Judge G. Scott Green

A Knox County jury convicted the Defendant, Tony Manning, of rape, attempted rape, and aggravated assault. The trial court sentenced the Defendant to serve an effective sentence of eight years in the Tennessee Department of Correction. On appeal, the Defendant argues that the evidence is insufficient to support his convictions. He also contends that the trial court erred in finding that the State’s expert was qualified and by allowing the expert to testify outside of her area of expertise. In response, the State argues, in part, that the Defendant waived any issue concerning the expert by failing to object at trial and by filing an untimely motion for a new trial. On our review, we conclude that the Defendant’s notice of appeal was untimely filed. We also conclude that the “interest of justice” does not require us to waive the timely filing of the notice of appeal, and we respectfully dismiss the appeal.

State of Tennessee v. Michael Anthony Tharpe
W2022-01219-CCA-R3-CD
Authoring Judge: Presiding Judge Camille R. McMullen
Trial Court Judge: Judge Donald E. Parish

The Appellant, Michael Anthony Tharpe, was convicted at a bench trial of burglary of a
vehicle, retaliation for past action, theft of property, assault of an officer, evading arrest,
and coercion of a witness. In this consolidated appeal, he challenges: (1) the legal
sufficiency of the evidence supporting four of his convictions; and (2) the trial court’s
imposition of partial consecutive sentences. Upon our review, we affirm the judgments of
the trial court.

Manola McCain v. Knoxville HMA Physician Management, LLC
E2023-00319-COA-R3-CV
Authoring Judge: Judge John W. McClarty
Trial Court Judge: Judge E. Jerome Melson

A defendant employer appeals the trial court’s grant of partial summary judgment in this action alleging breach of a plaintiff nurse’s employment contract. We conclude that the contract language is unambiguous and that partial summary judgment in favor of the plaintiff was properly granted. Accordingly, we affirm.

Stephen D. Demps v. State of Tennessee
M2022-01429-CCA-R3-PC
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Gary McKenzie

A Putnam County jury convicted the Petitioner, Stephen D. Demps, of four counts of aggravated sexual battery and five counts of rape of a child. The trial court sentenced him to twenty-five years of incarceration. The Petitioner appealed his convictions to this court, and we affirmed the judgments. State v. Demps, No. M2017-00641-CCA-R3-CD, 2018 Tenn. Crim. App. LEXIS 156, at *1 (Tenn. Crim. App. Feb. 27, 2018), no perm. app. filed. Subsequently, the Petitioner filed a petition for post-conviction relief, claiming that he received the ineffective assistance of counsel, that law enforcement altered evidence, and that the State committed prosecutorial misconduct. The post-conviction court denied the petition after a hearing. After review, we affirm the post-conviction court’s judgment.

State of Tennessee v. Jamil Toure Holloway
M2022-00862-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Jennifer L. Smith

A Davidson County jury convicted the Defendant, Jamil Toure Holloway, of first degree premeditated murder, first degree felony murder, attempted first degree murder causing serious bodily injury, and aggravated assault with a deadly weapon. The trial court imposed a life sentence plus thirty-one years in the Tennessee Department of Correction. The Defendant appeals, contending that there is insufficient evidence to support his convictions. After review, we affirm the trial court’s judgments.

Kim Covarrubias v. Gerald Edward Baker
E2023-00025-COA-R3-CV
Authoring Judge: Judge D. Michael Swiney
Trial Court Judge: Judge Gregory S. McMillan

This appeal concerns a petition to modify alimony. Gerald Edward Baker (“Petitioner”) filed a petition in the Circuit Court for Knox County (“the Trial Court”) against his ex-wife Kim Covarrubias (“Respondent”) seeking to modify his alimony obligation as a result of a massive post-retirement drop in his income. After a hearing, the Trial Court entered an order declining to modify Petitioner’s alimony obligation despite having found that Petitioner was credible; that his decision to retire was objectively reasonable; and that a substantial and material change in circumstances had occurred. Petitioner appeals. We find, inter alia, that the Trial Court erred by failing to account for Petitioner’s ability to pay in light of all of his expenses. The Trial Court’s decision lacked a factual basis properly supported by evidence in the record; was not based on the most appropriate legal principles applicable to the decision; and was not within the range of acceptable alternative dispositions. Thus, the Trial Court abused its discretion. We reverse the judgment of the Trial Court and remand for the Trial Court to modify Petitioner’s alimony obligation.

State of Tennessee v. Christopher Lee Goodwin
M2022-00540-CCA-R3-CD
Authoring Judge: Presiding Judge Camille R. McMullen
Trial Court Judge: Judge Stella L. Hargrove

The Defendant-Appellant, Christopher Lee Goodwin, was convicted by a Maury County Circuit Court jury of felony murder committed in the perpetration of aggravated child neglect, and the trial court imposed a sentence of life imprisonment. On appeal, the Defendant argues: (1) the evidence is insufficient to sustain his conviction; (2) the trial court erred in denying his motion to suppress statements made to police; (3) the aggravated child neglect statute violates due process with its vagueness; (4) the trial court violated his right to a fair trial when it overruled the defense objection and allowed the State to present evidence that the medical examiner in this case lost his medical license; (5) the trial court erred in sustaining the State’s hearsay objection to his questioning of an investigator about a statement that a witness allegedly made to him; (6) the trial court erred in not declaring a mistrial when an investigator testified about a domestic violence incident between the Defendant and the victim’s mother; and (7) that a single prosecution for felony murder predicated on both aggravated child abuse and aggravated child neglect violates double jeopardy. ¹ After review, we affirm the judgment of the trial court.

In Re Blake V.
M2022-01582-COA-R3-PT
Authoring Judge: Judge Andy D. Bennett
Trial Court Judge: Judge Tim Barnes

A mother sought to terminate the parental rights of her child’s father pursuant to the grounds of abandonment by failure to visit and abandonment by failure to support.  At the conclusion of the termination hearing, the trial court concluded that the mother failed to prove any termination grounds by clear and convincing evidence and dismissed her termination petition.  Determining that the mother lacked standing to seek termination of the father’s parental rights pursuant to those grounds, we affirm the trial court’s dismissal of the termination petition.

Dorothy Elizabeth Slaughter, Jr. v. Steven William Stillwagon
E2023-01531-COA-T10B-CV
Authoring Judge: Judge Andy D. Bennett
Trial Court Judge: Judge Suzanne S. Cook

In this matter, the petitioner seeks a reversal of the trial court’s decision not to recuse itself. Due to the failure of the petitioner to meet the mandatory requirements of Tennessee Supreme Court Rule 10B, § 2.03, this appeal is dismissed and the trial court’s decision is affirmed.

State of Tennessee v. Chandler Gant
M2023-00214-CCA-R3-CD
Authoring Judge: Judge John W. Campbell, Sr.
Trial Court Judge: Judge William R. Goodman, III

The Defendant, Chandler Gant, pled guilty in the Robertson County Circuit Court to assault, a Class A misdemeanor, and was sentenced by the trial court to 11 months, 29 days in the county jail, with 30 days to serve on consecutive weekends and the remainder of the time on supervised probation. On appeal, the Defendant argues that the trial court abused its discretion by ordering a sentence of partial confinement. Based on our review, we affirm the judgment of the trial court.

Natalie C. Grimsley v. Patterson Company, LLC
M2022-00987-COA-R3-CV
Authoring Judge: Judge Jeffrey Usman
Trial Court Judge: Judge Michael Binkley

The Plaintiff brought suit against her former employer, alleging sexual harassment by her supervisor and claiming constructive discharge. The Employer moved to compel arbitration based on a provision in the Plaintiff’s employment agreement. The Plaintiff responded by invoking the federal Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, which the trial court concluded invalidates the mandatory arbitration provision. We reverse the trial court’s decision because the harassment of the Plaintiff and her constructive discharge occurred prior to the effective date of the Act.

Sarah Edge Woodward v. Geoffrey Hamilton Woodward
M2023-01298-COA-T10B-CV
Authoring Judge: Judge Andy D. Bennett
Trial Court Judge: Judge Phillip R. Robinson

In this ongoing divorce litigation, the father filed an interlocutory appeal from the trial
court’s denial of his motions to recuse the trial judge. Having reviewed father’s petition
under the required de novo standard, we affirm the trial court’s decision.

John Doe Et AL. v. Bellevue Baptist Church
W2022-01350-COA-R3-CV
Authoring Judge: Judge Arnold B. Goldin
Trial Court Judge: Judge Jerry Stokes

The parents of a child brought suit to personally recover for negligent infliction of
emotional distress in relation to sexual abuse of their child that had been perpetrated by the
defendant church’s former paid volunteer coordinator. The church filed a motion to
dismiss the parents’ claims and argued that the parents’ attempt to recover for negligent
infliction of emotional distress was not legally cognizable because the parents did not
perceive any injury-producing event. The trial court countenanced this position and
entered an order dismissing the parents’ claims. The parents then filed a motion seeking
relief from the dismissal order and, alternatively, to amend their complaint. The trial court
ultimately denied the parents’ motion, following which the present appeal ensued. For the
reasons stated herein, we affirm the trial court’s judgment.

ALEXANDER STRATIENKO v. LISA STRATIENKO
E2022-01802-COA-R3-CV
Authoring Judge: THOMAS R. FRIERSON, II
Trial Court Judge: L. Marie Williams

This post-divorce action concerns the trial court’s order finding the husband in civil
contempt based on his failure to pay alimony to the wife and to maintain security for his
alimony obligation as ordered. The trial court entered an order on April 29, 2022, finding
the husband in contempt and assigning a punishment. Husband did not file a notice of
appeal, or a specified motion tolling the time for filing a notice of appeal pursuant to
Tennessee Rule of Civil Procedure 59.01, within thirty days of entry of the contempt
order. As such, this Court has no subject matter jurisdiction to adjudicate the husband’s
issues concerning interpretation or alteration of the April 29, 2022 contempt order as
sought in his untimely motion filed pursuant to Tennessee Rules of Civil Procedure 52.02
and 59.04. To the extent that the trial court denied relief to the husband pursuant to his
motion based on Tennessee Rule of Civil Procedure 60.02, we find no abuse of discretion
and affirm that ruling. We award to the wife her reasonable attorney’s fees incurred on
appeal, and we remand this issue to the trial court for determination of a reasonable
amount of attorney’s fees incurred by the wife in defending against the husband’s appeal.

State of Tennessee v. Corey Brown
W2023-00043-CCA-R3-CD
Authoring Judge: Judge J. Ross Dyer
Trial Court Judge: Judge Jennifer Johnson Mitchell

The defendant, Corey Brown, was found guilty by a Shelby County jury of especially
aggravated robbery for which he received a sentence of twenty-one years in prison. On
appeal, the defendant contends that the evidence presented at trial was insufficient to
support his conviction and that the trial judge failed to execute its responsibility as
thirteenth juror. Following our review, we affirm the defendant’s conviction.

Morrieo Allen v. State of Tennessee
W2023-00592-CCA-R3-PC
Authoring Judge: Judge J. Ross Dyer
Trial Court Judge: Judge Chris Craft

The petitioner, Morrieo Allen, appeals the denial of his petition for post-conviction relief,
arguing the post-conviction court erred in finding he received the effective assistance of
counsel at trial. Following our review, we affirm the denial of the petition.

State of Tennessee v. Jennifer Michelle Childs
M2022-01685-CCA-R3-CD
Authoring Judge: Judge John W. Campbell, Sr.
Trial Court Judge: Judge Dee David Gay

The Defendant, Jennifer Michelle Childs, was indicted in the Sumner County Criminal Court for driving under the influence (“DUI”) and filed motions to suppress evidence and dismiss the indictment. The trial court held a hearing, ruled that the Defendant’s warrantless arrest was illegal, and dismissed the indictment. The State appeals the dismissal, arguing that the remedy for an illegal arrest is suppression of any evidence obtained as a result of the arrest. Based upon the oral arguments, the record, and the parties’ briefs, we agree with the State. Accordingly, the trial court’s dismissal of the indictment is reversed, the indictment is reinstated, and the case is remanded to the trial court for further proceedings consistent with this opinion.

Douglas Eugene Horton v. State of Tennessee
W2022-01371-CCA-R3-PC
Authoring Judge: Judge Robert H. Montgomery, Jr.
Trial Court Judge: Judge Joseph T. Howell

The Petitioner, Douglas Eugene Horton, appeals from the Henderson County Circuit
Court’s denial of his petition for post-conviction relief from his 2018 convictions for two
counts of possession with intent to sell a controlled substance, four counts of possession
of a firearm with intent to go armed during the commission of a dangerous felony, and
four counts of facilitation of possession of a firearm with intent to go armed during the
commission of a dangerous felony, for which he is serving an effective fifteen-year
sentence. On appeal, the Petitioner contends that the post-conviction court erred by
denying relief on his ineffective assistance of counsel allegations for counsel’s (1) failure
to obtain adequate discovery, (2) failure to challenge the search warrant resulting in the
Petitioner’s arrest, (3) failure to subpoena the Petitioner’s daughter and his girlfriend as
witnesses at the trial, (4) failure to play a body camera recording purporting to show
officer misconduct, and (5) cumulative errors during the trial. We affirm the judgment of
the post-conviction court.

State of Tennessee v. Timothy Elliot Davis
E2022-01539-CCA-R3-CD
Authoring Judge: Judge Jill Bartee Ayers
Trial Court Judge: Judge Sandra Donaghy

Defendant, Timothy Elliott1 Davis, was convicted by a jury of driving under the influence
of an intoxicant (“DUI”) and driving under the influence of an intoxicant with a blood
alcohol concentration (“BAC”) greater than 0.8 (“DUI per se”). Defendant pled guilty to
DUI, third offense following the jury verdict on the first two counts. The trial court
sentenced Defendant to eleven months, twenty-nine days, suspended to supervised
probation upon service of seven months in the county jail. On appeal, Defendant argues
that the trial court erred in denying his motion to suppress the results of a blood alcohol
test and that the evidence is insufficient to support the guilty verdict. Following our review
of the record, the briefs, and oral arguments of the parties, we affirm the judgments of the
trial court but remand for correction of the judgment forms consistent with this opinion.

State of Tennessee v. Terrance Terrell King
E2022-01394-CCA-R3-CD
Authoring Judge: Judge Matthew J. Wilson
Trial Court Judge: Judge Steven Wayne Sword

Defendant, Terrance Terrell King, appeals from the Knox County Criminal Court’s denial of his motion seeking resentencing for a drug-related conviction under Tennessee Code Annotated section 39-17-432(h). Defendant contends the trial court erred in denying the motion, and the State contends this court does not have jurisdiction to consider Defendant’s appeal. Defendant rejects the State’s assertion. After reviewing the applicable law and the parties’ arguments, we conclude Defendant does not have an appeal as of right available to him, and the appeal is therefore dismissed

In Re: Airies S.
E2023-00462-COA-R3-PT
Authoring Judge: Judge Carma Dennis McGee
Trial Court Judge: Judge Scarlett Wynne Ellis

This appeal involves a petition to terminate parental rights. The juvenile court found by clear and convincing evidence that three grounds for termination existed as to the mother: (1) abandonment by failure to support; (2) persistent conditions; and (3) failure to manifest an ability and willingness to assume custody or financial responsibility. The juvenile court also found that the termination was in the best interest of the child. The mother appeals. We affirm.

State of Tennessee v. Tamarion Terrell Johnson
E2022-01308-CCA-R3-CD
Authoring Judge: Timothy L. Easter
Trial Court Judge: Don W. Poole

A Hamilton County jury convicted Defendant, Tamarion Terrell Johnson, of second degree
murder and aggravated assault in the shooting death of the victim, Shawnquell Stanfield.
The trial court merged the assault conviction into the murder conviction. Defendant argues
on appeal that the trial court improperly instructed the jury on flight and that the evidence
was insufficient to support his second degree murder conviction. We affirm the judgments
of the trial court.

State of Tennessee v. Adam Janes
M2023-00112-CCA-R3-CD
Authoring Judge: Judge Kyle A. Hixson
Trial Court Judge: Judge Barry R. Tidwell

The Defendant, Adam Janes, appeals the trial court’s denial of his motion for a reduction of sentence pursuant to Tennessee Rule of Criminal Procedure 35. Specifically, the Defendant argues that: (1) he received the ineffective assistance of trial counsel; (2) he entered into his guilty plea unknowingly and involuntarily; (3) the assistant district attorney was prejudiced against him; (4) he was entitled to concurrent sentences; (5) he was not given the opportunity of rehabilitation; (6) his sentence was not the least severe measure necessary to achieve the purposes for which the sentence was imposed; and (7) the State failed to file a notice of intent to seek enhanced punishment. After review, we affirm the judgment of the trial court.

State of Tennessee v. Amanda Helena Rogers
M2022-01328-CCA-R3-CD
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge Stella L. Hargrove

The defendant, Amanda Helena Rogers, appeals her Maury County Circuit Court jury convictions of facilitation of attempted first degree murder, facilitation of vandalism of property in an amount of $2,500 or more but less than $10,000, and two counts of reckless endangerment for which the trial court imposed an effective term of 10 years and six months to be served in confinement. On appeal, the defendant asserts that the evidence is insufficient to support her conviction of facilitation of attempted first degree murder and that the trial court erred in imposing the sentence. Discerning no reversible error, we affirm.