Opinions
Howard Jefferson Atkins v. Tennessee Department of Correction et al.
This is an action for declaratory judgment filed by an inmate to correct his sentence expiration date. The inmate was sentenced to life in prison for first-degree murder, and his sentence was governed by the release eligibility provision in Tennessee Code Annotated § 40-35-501(h)(1). The State agreed that § 40-35-501(h)(1) entitled the inmate to apply credits for good behavior and program performance to reduce his parole eligibility date, but the parties disagreed on whether the inmate could also apply his credits to reduce the length of his sentence, to advance his sentence expiration date. The trial court entered judgment for the inmate. The court reasoned that the sentence credit statute, Tennessee Code Annotated § 41-21-236, applies to all inmates unless otherwise specified and that the General Assembly had not specifically prohibited the application of credits to the expiration date of life sentences for first-degree murder. We agree with the trial court and affirm its judgment. |
Davidson | Court of Appeals | |
Christopher Rogers v. Frank Strada et al.
This is an action for declaratory judgment filed by an inmate to correct his sentence expiration date. The inmate was sentenced to life in prison for first-degree murder, and his sentence was governed by the release eligibility provision in Tennessee Code Annotated § 40-35-501(h)(1). The State agreed that § 40-35-501(h)(1) entitled the inmate to apply credits for good behavior and program performance to reduce his parole eligibility date, but the parties disagreed on whether the inmate could also apply his credits to reduce the length of his sentence, to advance his sentence expiration date. The trial court entered judgment for the inmate. The court reasoned that the sentence credit statute, Tennessee Code Annotated § 41-21-236, applies to all inmates unless otherwise specified and that the General Assembly had not specifically prohibited the application of credits to the expiration date of life sentences for first-degree murder. We agree with the trial court and affirm its judgment. |
Davidson | Court of Appeals | |
State of Tennessee v. Jeffrey W. Dean
The Defendant, Jeffrey W. Dean, was convicted in the Robertson County Circuit Court of aggravated burglary and possession of a firearm after having been convicted of a prior violent felony and received an effective sentence of twenty years in confinement. On appeal, he claims that the evidence is insufficient to support his convictions and that his effective sentence is excessive. Based upon the oral arguments, the record, and the parties’ briefs, we affirm the judgments of the trial court. |
Robertson | Court of Criminal Appeals | |
Kelly Frye v. State of Tennessee
The Petitioner, through counsel, seeks an extraordinary appeal pursuant to Tennessee Rule of Appellate Procedure 10 from (1) the post-conviction court’s preliminary order entered on April 21, 2025; (2) the order denying a motion to strike or vacate that order entered on May 13, 2025; and (3) the order denying an interlocutory appeal entered on August 1, 2025. 1 The Petitioner argues that the post-conviction court’s dismissal of her ineffective assistance of counsel claim as being previously determined, and its subsequent denials of requests for rehearing and review, “so far departed from the accepted and usual course of judicial proceedings as to require immediate review.” Tenn. R. App. P. 10(a). The Petitioner also requests a stay of the post-conviction proceedings. Upon review of the application and its supporting documents, we conclude that the Petitioner has not demonstrated grounds for extraordinary relief under Rule 10. Accordingly, a response from the State is not required, and the application is DENIED. Tenn. R. App. P. 10(d). |
Sullivan | Court of Criminal Appeals | |
In Re Toni S.
This is a termination of parental rights case. The trial court determined that the Department of Children’s Services failed to meet its burden of proof as to any of the statutory grounds set out in its petition to terminate appellee/mother’s parental rights to the minor child. Although unnecessary in view of its determination that there were no grounds for termination, the trial court undertook a best interest analysis and found that it was not in the child’s best interest to terminate mother’s rights. Because the evidence does not support the trial court’s findings as to either grounds or best interest, we reverse the trial court’s order and remand for entry of an order terminating appellee/mother’s parental rights |
Davidson | Court of Appeals | |
Debbie Antista v. Barry Craft et al.
In this dispute between neighboring property owners, the trial court determined that a concrete fence built by one neighbor violated a setback ordinance and entered an injunction requiring the neighbor to remove the fence. We have determined that the trial court erred in so ruling and reverse that portion of the trial court’s decision. |
Maury | Court of Appeals | |
State of Tennessee v. Craig Rickard
Six years after his convictions for rape of a child and aggravated sexual battery, the Petitioner, Craig Rickard, filed a petition for a writ of certiorari in the trial court. In that petition, he asserted that the two convictions should have merged under principles of double jeopardy. The trial court summarily denied relief, and the Petitioner appealed. Upon review, we conclude that the Petitioner does not have an appeal as of right from the trial court’s denial of the petition. Accordingly, we respectfully dismiss the appeal. |
Cheatham | Court of Criminal Appeals | |
Lou Ann Zelenik v. Crowell Homebuilding, LLC et al.
A buyer signed an agreement with a contractor for the construction of a custom home. After disagreements arose over the construction and its pace, the buyer sued the contractor and its owner seeking damages and to quiet title to the property. The trial court awarded the buyer damages, title to the property, and attorney’s fees and costs. We affirm. |
Rutherford | Court of Appeals | |
Robert W. Smith, et al. v. Maxie Jones d/b/a Tennessee River Investors
This appeal stems from a boundary line dispute. Mr. Jones sold the Smiths two lots within a subdivision in Hardin County. It is undisputed that the Smiths bought Lots 87 and 88 on September 11, 2012. Several years later, Mr. Jones claimed that the Smiths had encroached on “Lot 89.” The Smiths insisted they occupied only the 80 linear feet purchased from Mr. Jones. When the parties were unable to come to a resolution, the Smiths filed suit in chancery court to quiet title to Lots 87 and 88, declare the lot numbers on the survey misnumbered, and prayed for damages for slander of title and attorney’s fees. Mr. Jones filed a counter-complaint to quiet title to “Lot 89,” for ejectment, conversion and/or civil theft, civil conspiracy, breach of contract, defamation, and punitive damages. After a bench trial, the trial court held that “Lot 89” did not exist, granted damages to the Smiths for slander of title, and dismissed Mr. Jones’s counter-complaint. We affirm the trial court’s holding that “Lot 89” does not exist and the dismissal of Mr. Jones’s counter-complaint. We vacate the court’s decision as to slander of title, reverse the grant of attorney’s fees as to damages, and remand to the trial court for proceedings consistent with this Opinion. |
Hardin | Court of Appeals | |
IN RE JAXEN F.
This is a termination of parental rights appeal. The trial court found that four statutory grounds existed to terminate Mother’s parental rights to the minor child: abandonment by failure to visit, substantial noncompliance with the permanency plan, persistence of conditions, and failure to manifest an ability and willingness to assume custody. The trial court further concluded that termination was in the child’s best interests. We affirm the judgment of the trial court. |
Sullivan | Court of Appeals | |
State of Tennessee v. Jeremiah Nance
The defendant, Jeremiah Nance, was convicted by a Dyer County Circuit Court jury of evading arrest in a motor vehicle with risk of death or injury for which he was sentenced to three years’ incarceration. On appeal, the defendant argues that: (1) the trial court erred in allowing testimony that the police were responding to a domestic call; (2) the trial court erred in not allowing the victim to assert her Fifth Amendment right not to testify; and (3) the trial court committed plain error in allowing the prosecutor to misstate the evidence during closing argument. After review, we affirm the judgment of the trial court. |
Dyer | Court of Criminal Appeals | |
State of Tennessee v. Kelly Ray Turnbow
The Defendant, Kelly Ray Turnbow, appeals from the Carroll County Circuit Court’s probation revocation of his three-year sentence. The Defendant contends that the trial court erred by (1) finding he violated the terms of his probation based on conduct not alleged in the probation violation warrant and (2) failing to articulate its reasoning to support the full revocation of his probation. We reverse the judgment of the trial court and remand this case for additional findings consistent with this opinion. |
Carroll | Court of Criminal Appeals | |
DORIAN JONES v. AUTOMATED BUILDING SYSTEMS INC. ET AL.
Appellant sued appellees alleging breach of contract, fraud, and property damage. The trial court granted separate default judgments against the two appellees. Appellees moved the trial court to set aside the default judgments due to a lack of personal jurisdiction and due to mistake, inadvertence, or excusable neglect. The trial court set aside the default judgments over the objections of appellant, and the case proceeded to a bench trial. The trial court involuntarily dismissed appellant’s complaint at the conclusion of his case-in-chief. Finding no reversible error, we affirm the judgment of the trial court. |
Washington | Court of Appeals | |
In Re Gabby G.
he child’s mother, the child’s biological father, and the mother’s former husband who believed himself to be the child’s biological parent for the majority of her life. After the mother disclosed the child’s parentage to both men, the biological father filed a petition to be named the child’s parent and for a parenting plan to be established. The mother agreed with his petition in all respects. But the mother’s former husband soon intervened with a petition to be awarded stepparent visitation pursuant to Tennessee Code Annotated section 36-6-303. Following the filing of the stepparent visitation petition, the mother and the biological father, who at this point had never had any unsupervised or overnight visitation with the child, executed an agreed parenting plan in which they would share joint custody and equal parenting time with the child, as well as waive child support. After a joint hearing on both petitions, the trial court adopted the mother and biological father’s proposed parenting plan, except that the former husband was granted stepparent visitation with the child every other weekend and over the summer holiday; the former husband’s weekend visitation only occurred during the time that the proposed plan would have allotted to the mother. The mother now appeals this decision. We affirm in part, vacate in part, and remand for further proceedings. |
Franklin | Court of Appeals | |
Christopher O. Curry, Jr. v. State of Tennessee
The Petitioner, Christopher O. Curry, Jr., pleaded guilty to possession of a weapon by a convicted felon, and the trial court sentenced him to twelve years in the Tennessee Department of Correction. More than a year after his judgment became final, the Petitioner filed a pro se post-conviction petition, alleging he had received the ineffective assistance of counsel. After a hearing, the post-conviction court dismissed the petition as untimely. On appeal, the Petitioner asserts that due process requires tolling of the statute of limitations. After review, we affirm the post-conviction court’s dismissal of the petition. |
Madison | Court of Criminal Appeals | |
KELLY BROOKE MARTIN v. NGHIA TRONG VAN
This appeal arises out of a divorce proceeding. The trial court granted appellee a divorce on the ground of inappropriate marital conduct by the appellant, divided the parties’ assets and debts, and entered a permanent parenting plan designating appellee as primary residential parent of the parties’ minor child, granting the parties equal co-parenting time, and providing appellee with sole decision-making authority with respect to the child. Appellant raises a number of issues on appeal; however, each of those issues has been waived due to appellant’s failure to comply with the relevant rules of briefing in this Court. Additionally, appellee argues that the trial court erred in awarding the parties equal co-parenting time and requests his attorney’s fees incurred on appeal pursuant to Tennessee Code Annotated section 27-1-122. Finding no reversible error, we affirm the judgment of the trial court. However, in the exercise of our discretion, we decline to find this appeal frivolous and further decline to award appellee his attorney’s fees and costs incurred on appeal. |
Loudon | Court of Appeals | |
Donald Bartsch, Jr. v. Premier Orthopaedics & Sports Medicine, PLC
This is a health care liability case that centers around the application of the discovery rule. The trial court granted the defendant’s motion to dismiss with prejudice after determining that the discovery rule did not toll the accrual of the statute of limitations to the time asserted by the plaintiff. The trial court based this determination on two independent bases. The first basis was predicated on certain information provided by the defendants, which was taken from the Tennessee Secretary of State’s website. The trial court took judicial notice of this information and determined that it indicated that a reasonable person would have been able to discover the identity of the defendant. The second basis, an express alternative finding, stated that even if the information was not considered, sufficient information existed in exhibits attached to the plaintiff’s complaint to support its determination. The plaintiff appeals. We affirm. |
Davidson | Court of Appeals | |
ANGELA LYDTIN ET AL. v. ADAM BLAKE CARRINGER
This appeal concerns the trial court’s dismissal of a petition for an order of protection filed by the appellant mother against the appellee father. We affirm the trial court’s dismissal of the order of protection. |
Bradley | Court of Appeals | |
State of Tennessee v. Desmond Johnson
The Defendant, Desmond Johnson, pled guilty in the Shelby County Criminal Court to aggravated assault, a Class C felony, in exchange for an agreed sentence of four years as a Range I offender, with the manner of service to be determined by the trial court. At the conclusion of the sentencing hearing, the trial court sentenced the Defendant to supervised probation. On appeal, the Defendant contends that the trial court erred by denying his request for judicial diversion. Because the Defendant failed to file a Tennessee Bureau of Investigation (“TBI”) certificate of eligibility for judicial diversion with the trial court, we conclude that the trial court was precluded from considering the Defendant’s request for judicial diversion. Accordingly, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
Alexander Georg Warnatzsch v. Ashly Camille Warnatzsch
This appeal concerns the modification of a parenting plan. Alexander Georg Warnatzsch (“Father”) filed a petition against his ex-wife Ashly Camille Warnatzsch (“Mother”) in the Chancery Court for Rutherford County (“the Trial Court”) seeking to modify the parties’ parenting plan concerning their three minor children. Mother exercised most of the parenting time under the original plan. Following a hearing, the Trial Court found that Father had proven a material change in circumstances and that the residential parenting schedule should be modified. Mother remained primary residential parent, but Father was granted equal parenting time. Mother appeals, raising various issues implicating the Trial Court’s discretion. We find no reversible error. We affirm. |
Rutherford | Court of Appeals | |
State of TEnnessee v. Robert Joseph Atkins
A Knox County jury convicted the Defendant, Robert Joseph Atkins, of delivery of a |
Court of Criminal Appeals | ||
State of Tennessee v. Craig Kitt
The Defendant, Craig Kitt, has filed a motion seeking review of the trial court’s
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Williamson | Court of Criminal Appeals | |
NONA G. ROGERS v. MICHAEL L. ROGERS
Following a divorce, a husband appeals the trial court’s classification of marital assets, division of marital assets, and alimony determination. Discerning no error, we affirm the trial court’s order. We grant the wife’s request for reasonable attorney fees on appeal. |
Bradley | Court of Appeals | |
State of Tennessee v. Joshua Terelle Gaines
The Defendant, Joshua Terelle Gaines, was convicted in the Davidson County Criminal Court of first degree felony murder, second degree murder, especially aggravated robbery, and being a felon in possession of a firearm after having been convicted of a felony drug offense and received an effective sentence of life plus five years in confinement. On appeal, the Defendant claims that the trial court erred by redacting his psychological expert’s report and by limiting the expert’s testimony. Based upon our review, we affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Christian Workman
The Defendant, Christian Workman, appeals from the revocation of his probation, arguing the trial court improperly revoked his probation based upon his failure to pay court costs and supervision fees. The State concedes error, and after review, we agree. Accordingly, we reverse the judgment of the trial court and dismiss the revocation warrant. |
Carroll | Court of Criminal Appeals |