State of Tennessee v. David Chad Moss
M2021-00043-CCA-R3-CD
Authoring Judge: Judge Jill Bartee Ayers
Trial Court Judge: Judge Stella L. Hargrove

Following the trial court’s revocation of his probation, Defendant, David Chad Moss, appeals arguing that the trial court failed to award him jail credit while incarcerated in Kentucky for an unrelated offense.  Upon our review, we conclude that Defendant has failed to prepare a sufficient brief in compliance with Tennessee Rule of Appellate Procedure 27(a)(7) and Tennessee Court of Criminal Appeals Rule 10(b).  Accordingly, the issue is waived and the appeal is dismissed.

In Re Isabella G.
M2022-00246-COA-R3-PT
Authoring Judge: Judge Kristi M. Davis
Trial Court Judge: Judge Stella L. Hargrove

Taylor M. (“Mother”) and Caleb G. (“Father”) are the biological parents of Isabella G. (the “Child”). Mother and her current husband, David M. (“Stepfather”) petitioned the Chancery Court for Giles County (the “trial court”) for termination of Father’s parental rights in April of 2021, and for Stepfather to adopt the Child. As grounds for termination, Mother and Stepfather alleged abandonment by failure to visit, abandonment by failure to support, and failure to manifest an ability and willingness to personally assume legal and physical custody of the Child. Following a bench trial, the trial court concluded that Mother and Stepfather failed to prove any statutory grounds for termination of Father’s parental rights. The trial court then concluded, however, that termination would have been in the Child’s best interests. Mother and Stepfather appealed to this Court. Because clear and convincing evidence establishes multiple grounds for termination of Father’s parental rights, and because clear and convincing evidence establishes that termination is in the Child’s best interests, we reverse.

Ugenio DeJesus Ruby-Ruiz v. State of Tennessee
M2022-00442-CCA-R3-PC
Authoring Judge: Judge Robert H. Montgomery, Jr.
Trial Court Judge: Judge Steve R. Dozier

The Petitioner, Ugenio Dejesus Ruby-Ruiz, appeals the Davidson County Criminal Court’s
denial of his petition for post-conviction relief from his 2013 convictions for nine counts
of rape of a child, two counts of rape, five counts of aggravated sexual battery, and three
counts of sexual exploitation of a minor and his 121-year sentence at 100% service. The
Petitioner contends that he received the ineffective assistance of appellate counsel. We
affirm the judgment of the post-conviction court.

State of Tennessee v. Herandus Washington
W2022-00352-CCA-R3-CD
Authoring Judge: Judge Robert H. Montgomery, Jr.
Trial Court Judge: Judge J. Robert Carter

The Defendant, Herandus Washington, pleaded guilty to reckless vehicular homicide, a Class C felony.  See T.C.A. § 39-13-213(a)(1), (b)(1) (2018) (subsequently amended).  At the sentencing hearing, the Defendant sought judicial diversion.  The trial court denied diversion and imposed a five-year sentence, to be served on probation.  On appeal, the Defendant contends that the trial court abused its discretion in denying judicial diversion.  We affirm the judgment of the trial court.

Sheila Mae Grider v. Gregory Newman Grider
M2022-00213-COA-R3-CV
Authoring Judge: Judge Thomas R. Frierson, II
Trial Court Judge: Judge J. Curtis Smith

In this divorce action, the parties have appealed the trial court’s classification of certain
assets as well as the court’s overall marital property distribution. The husband has also
appealed the trial court’s award of attorney’s fees to the wife in conjunction with her
procurement and enforcement of an order of protection. Following review, we vacate the
trial court’s classification of certain real property assets as well as the court’s overall
marital property distribution. We remand this matter to the trial court for further
evidence to be presented concerning the values of one unimproved lot of real property
and the parties’ retirement assets and for the court to value and equitably distribute all of
the parties’ marital assets, including the two real properties in Alabama previously
classified as the husband’s separate property and the various retirement accounts. We
affirm the trial court’s award of attorney’s fees to the wife related to her procurement and
enforcement of an order of protection against the husband.

Daniel Lauchlan Macomber, Sr. v. Melissa Sharon Macomber
M2021-01503-COA-R3-CV
Authoring Judge: Judge John W. McClarty
Trial Court Judge: Chancellor Lawrence M. McMillian, Jr.

This appeal arises from a father’s petition for modification of a parenting plan and modification of child support in a post-divorce action.  We have determined that the evidence preponderates against the trial court’s finding that there was not a material change of circumstances for purposes of modifying the residential parenting schedule under Tennessee Code Annotated § 36-6-101(a)(2)(C).  We affirm the trial court’s order in all other respects and remand for a determination of the children’s best interests under the applicable factors.

Joey D. Thompson v. Asia Thompson
E2022-00345-COA-R3-CV
Authoring Judge: Judge Arnold B. Goldin
Trial Court Judge: Judge Gregory S. McMillan

This appeal involves an interstate custody matter. The mother and child reside in
Massachusetts while the father resides in Tennessee. The father attempted to obtain
custody of the child by filing an emergency petition in the Knox County Juvenile Court.
The juvenile court dismissed the petition for lack of subject matter jurisdiction. The father
appealed the juvenile court’s decision to the Knox County Circuit Court which, also finding
a lack of subject matter jurisdiction, dismissed the appeal. We affirm.

Estate of James Smith Et Al. v. Highland Cove Apartments, LLC Et Al.
M2021-01215-COA-R3-CV
Authoring Judge: Presiding Judge Frank G. Clement, Jr.
Trial Court Judge: Judge Kelvin D. Jones III

This is negligence and wrongful death action brought be the decedent's estate and the surviving spouse against the apartments complex owner and management company where the accident occurred. The decedent died from profound injuries he sustained when he fell while attempting to remove tree branches that blocked the only path his disabled stepson used for ingress and egress to his apartment. The complaint asserted claims for negligence based on premise liability, negligence per se, and wrongful death. Upon the motion of the defendants, the trial court summarily dismissed all claims based on the finding that the defendants did not owe the decedent a duty of care because the accident was not foreseeable. The court also dismissed the surviving spouse's independent claim for loss of consortium. Plaintiffs appealed. We find that sufficient facts exist from which a trier of fact could reach a different conclusion than that found by the trial judge on the issues of foreseeability and duty. Accordingly, we reserve the decision to dismiss the wrongful death claim. We nevertheless affirm the dismissal of the spouse's independent claim for loss of consortium because it does not represent a claim for damages separate from the wrongful death action. Rather, "a claim for consortium. . .embodies one component of the decedent's pecuniary value of life." Kline v. Eyrich, 69 S.W.3d 197, 207 (Tenn. 2002). Accordingly, the case is remanded to the trial court for further proceedings consistent with this opinion. 

State of Tennessee v. Antwain D. Coleman
W2022-00034-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Roy B. Morgan, Jr.

A Madison County jury convicted the Defendant, Antwain D. Coleman, of aggravated
assault, domestic assault, and theft. The trial court imposed an effective seven-year
sentence in the Tennessee Department of Correction. On appeal, the Defendant asserts that
the evidence is insufficient to support his theft conviction and that the trial court abused its
discretion when it denied an alternative sentence. After review, we affirm the trial court’s
judgments.

Joey D. Thompson v. Asia Thompson
E2022-00345-COA-R3-CV
Authoring Judge: Judge Arnold B. Goldin
Trial Court Judge: Judge Gregory S. McMillan

This appeal involves an interstate custody matter. The mother and child reside in
Massachusetts while the father resides in Tennessee. The father attempted to obtain
custody of the child by filing an emergency petition in the Knox County Juvenile Court.
The juvenile court dismissed the petition for lack of subject matter jurisdiction. The father
appealed the juvenile court’s decision to the Knox County Circuit Court which, also finding
a lack of subject matter jurisdiction, dismissed the appeal. We affirm.

State of Tennessee v. Yvette Adele Slee
M2022-00120-CCA-R3-CD
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge William R. Goodman, III

In April of 2013, Defendant, Yvette Adele Slee, was convicted of aggravated child abuse and attempted first degree murder for suffocating the victim, Defendant’s eight-month-old child. She was sentenced to an effective sentence of 22 years in incarceration. Subsequently, in May of 2018, the victim died as a result of complications from injuries originally sustained by the aggravated child abuse. Defendant was then indicted for first degree felony murder, the subject offense of this direct appeal. After a bench trial, Defendant was found guilty as indicted. Defendant’s sole issue on appeal is whether her conviction for first degree felony murder violates double jeopardy. After a review of the record, the briefs, and applicable authorities, we affirm the judgment of the trial court.

In Re Trenton B. Et Al.
M2022-00422-COA-R3-PT
Authoring Judge: Judge Carma Dennis McGee
Trial Court Judge: Judge Lee Bussart

This appeal involves a petition to terminate parental rights. The juvenile court found by
clear and convincing evidence that three grounds for termination were proven against the
father: (1) abandonment by incarcerated parent for failure to visit; (2) substantial
noncompliance with a permanency plan; and (3) failure to manifest an ability and
willingness to assume custody. The juvenile court also found that termination was in the
best interests of the children. The father appeals. We affirm.

Mark Stanton Jackson v. Bennett Jackson Burke
E2021-01484-COA-R3-CV
Authoring Judge: Judge John W. McClarty
Trial Court Judge: Judge Michael E. Jene

This is an appeal from the entry of an order of protection for stalking. The respondent
asserts that he did not receive the statutorily required notice of hearing and that the evidence
did not support a finding of stalking. The trial court ruled in favor of the petitioner. We
affirm.

Ciera Besses v. James Killian
M2021-01121-COA-R3-CV
Authoring Judge: Presiding Judge Frank G. Clement, Jr.
Trial Court Judge: Judge Joe Binkley, Jr.

This case arises out of a vehicular accident between Ciera Besses (“Plaintiff”) and James
Killian (“Defendant”). Plaintiff filed a complaint for damages, seeking compensation for
past and future medical expenses, loss of earnings, pain and suffering, and loss of
enjoyment of life. Defendant admitted fault but challenged the reasonableness and
necessity of certain medical, hospital, and doctor bills itemized by Plaintiff. Defendant also
contended that some of Plaintiff’s claimed injuries were not causally related to the accident.
The jury awarded $16,720 to Plaintiff in damages, which represented $12,720 for medical
expenses; $3,000 for past physical pain and mental suffering; $1,000 for past loss of
enjoyment of life, and $0.00 for future physical pain and suffering and future loss of
enjoyment of life. Plaintiff filed a motion for additur and/or new trial, which the trial court
denied. Plaintiff appeals, contending that the trial court erred by denying her motion for a
new trial. We have determined it did not. Thus, we affirm.

State of Tennessee v. Darrin Jeremiah Baker
E2022-00385-CCA-R3-CD
Authoring Judge: Judge Robert H. Montgomery, Jr.
Trial Court Judge: Judge Steven Wayne Sword

The Defendant, Darrin Jeremiah Baker, appeals from his guilty pleaded convictions for
possession with the intent to sell or deliver more than 0.5 gram of methamphetamine, a
Class B felony; attempted possession with the intent to sell or deliver less than fifteen
grams of heroin, a Class C felony; possession with the intent to sell or deliver less than
fifteen grams of fentanyl, a Class C felony; and driving under the influence, a Class A
misdemeanor. See T.C.A. §§ 39-17-417 (possession of heroin and fentanyl) (Supp.
2022), -17-434 (possession of methamphetamine) (2018), 55-10-401 (driving under the
influence) (2020), 39-12-101 (attempt) (2018). The Defendant pleaded guilty as a Range
I offender and agreed to an effective ten-year sentence. After a sentencing hearing, the
trial court ordered the Defendant to serve his sentence in the Department of Correction.
On appeal, the Defendant contends that the court erred in denying alternative sentencing.
We affirm the judgments of the trial court.

In Re Genesis B.
E2022-00973-COA-R3-PT
Authoring Judge: Chief Judge D. Michael Swiney
Trial Court Judge: Judge Sharon M. Green

This appeal concerns the termination of a mother’s parental rights to her child. Jordan H.
(“Father”) and his wife Johnaysja S. (“Stepmother”) (“Petitioners,” collectively) filed a
petition in the Juvenile Court for Washington County (“the Juvenile Court”) seeking to
terminate the parental rights of Cynthia B. (“Mother”) to her minor son Genesis B. (“the
Child”). Mother has a history of criminal conduct involving the sale of illegal drugs. After
a hearing, the Juvenile Court entered an order terminating Mother’s parental rights to the
Child. The Juvenile Court found that the following grounds were proven against Mother
by clear and convincing evidence: abandonment by wanton disregard, persistent
conditions, and failure to manifest an ability and willingness to assume custody. The
Juvenile Court found further, also by clear and convincing evidence, that termination of
Mother’s parental rights is in the Child’s best interest. Mother appeals, arguing in part that
despite her continued criminal conduct she has demonstrated a genuine desire to maintain
a relationship with the Child as evidenced by, for example, her filing a petition for visitation
and engaging in some visitation. We affirm the judgment of the Juvenile Court in its
entirety.

John A. Gentry v. Speaker of the House
M2022-654-COA-R3-CV
Authoring Judge: Judge Andy D. Bennett
Trial Court Judge: Chancellor Russell T. Perkins

Plaintiff sues to enforce his perceived right to address the House of Representatives. Finding that the case is identical to a prior case in that it involves a court of competent jurisdiction, the same parties as a previous case, a prior final decision on the merits, and the same parties and cause of action, the trial court applied the doctrine of res judicata and dismissed the case. We affirm.

State of Tennessee v. Spencer L. Phillips
M2021-01204-CCA-R3-CD
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge William R. Goodman, III

Spencer L. Phillips, Defendant, claims that the trial court abused its discretion by denying
probation or an alternative sentence and ordering him to serve his sentence in confinement.
Discerning no error, we affirm the judgment of the trial court.

Naconda Kathleen Webb v. William Danny Webb
W2021-01227-COA-R3-CV
Authoring Judge: Judge W. Neal McBrayer
Trial Court Judge: Chancellor Tony Childress

A husband and wife divorced after a short marriage. The trial court awarded a
disproportionate share of the marital property to the husband. The wife challenges the
court’s division and its denial of her request for attorney’s fees. Discerning no reversible
error, we affirm.

Nemon Winton v. State of Tennessee
M2021-01148-CCA-R3-PC
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge Vanessa Jackson

Petitioner, Nemon Winton, appeals the denial of his petition for post-conviction relief, in which he alleged several claims of ineffective assistance of counsel.  On appeal, he argues that trial counsel was ineffective for failing to request specific jury instructions and for utilizing an improper trial strategy.  After thoroughly reviewing the record, we affirm the judgment of the post-conviction court.

In Re Ethan W. Et Al.
M2021-01116-COA-R3-PT
Authoring Judge: Judge W. Neal McBrayer
Trial Court Judge: Judge Michael Hinson

A mother appeals the termination of her parental rights to three of her children. The
juvenile court concluded that there was clear and convincing evidence of five statutory
grounds for termination. The court also concluded that there was clear and convincing
evidence that termination was in the children’s best interest. On appeal, we determine that
some grounds do not support termination of parental rights. Still, clear and convincing
evidence supports at least one statutory ground for termination and the best interest
determination. So we affirm.

State of Tennessee v. Shannon Leigh Smith
E2021-00821-CCA-R3-CD
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge E. Shayne Sexton

The defendant, Shannon Leigh Smith, appeals her Union County Circuit Court jury
conviction of second degree murder, arguing that the State improperly withheld favorable
and material evidence in violation of Brady v. Maryland, 373 U.S. 83 (1963). Because the
withheld evidence was not material to the outcome of the case, we affirm.

Tennessee Farmers Mutual Insurance Company v. Charlie Satterfield Et Al.
E2022-00496-COA-R3-CV
Authoring Judge: Judge Thomas R. Frierson, II
Trial Court Judge: Chancellor Telford E. Forgety, Jr.

The appellant, an insurance provider, sought a declaratory judgment against the policy
holder, his wife, and his grandson, relieving the insurance company of the duty to defend
and indemnify the policy holder, his wife, and his grandson against a complaint brought by
the conservator of the grandson’s girlfriend for varying claims of negligence. The
insurance provider filed a motion for summary judgment, asserting that the grandson
constituted a “covered person” under the grandfather’s policy as an authorized driver and
that the grandson’s girlfriend constituted a “person residing in the same household as a
covered person,” triggering the policy’s household exclusion. Pursuant to the household
exclusion, which excluded liability coverage for bodily injury to “any covered person or
any person residing in the same household as a covered person,” the insurance provider
claimed that it owed no duty to defend or indemnify the policy holder, his wife, and his
grandson. The trial court granted the insurance provider’s motion for summary judgment
in part and denied it in part.

Alexander Jackson v. State of Tennessee
W2022-00289-CCA-R3-PC
Authoring Judge: Judge John W. Campbell
Trial Court Judge: Judge Jennifer Johnson Mitchell

The Petitioner, Alexander Jackson, appeals the Shelby County Criminal Court’s denial of
his post-conviction petition, seeking relief from his convictions for two counts of rape and
his resulting sentence of nine years in confinement. On appeal, the Petitioner contends that
he received the ineffective assistance of trial counsel. Upon review, we affirm the
judgment of the post-conviction court.

Darryl Robinson v. State of Tennessee
W2022-00048-CCA-R3-PC
Authoring Judge: Judge John W. Campbell, Sr.
Trial Court Judge: Judge Glenn Ivy Wright

The Petitioner, Darryl Robinson, appeals the Shelby County Criminal Court’s denial of his
post-conviction petition, seeking relief from his convictions of aggravated robbery and
convicted felon in possession of a handgun and his resulting effective sentence of sixteen
years in confinement. On appeal, the Petitioner contends that he received the ineffective
assistance of trial counsel. Upon review, we affirm the judgment of the post-conviction
court.