John Monzell Banks v. State of Tennessee
M2024-00073-CCA-R3-PC
Authoring Judge: Judge J. Ross Dyer
Trial Court Judge: Judge William R. Goodman, III

The petitioner, John Monzell Banks, 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.

Montgomery Court of Criminal Appeals

Cedric Jones v. Brian Eller, Warden
E2024-00212-CCA-R3-HC
Authoring Judge: Judge Kyle A. Hixson
Trial Court Judge: Judge Stacy L. Street

The Petitioner, Cedric Jones, appeals the Criminal Court for Johnson County’s summary
dismissal of his petition for writ of habeas corpus relief. On appeal, he argues that the
sentence and fines imposed against him were excessive, the trial judge and jurors should
have been disqualified, his prosecution was a violation of double jeopardy, the indictment
against him was defective, and the judgments were facially void. The State contends that
the grounds raised are not cognizable under habeas corpus and that the indictment vested
the trial court with jurisdiction to render its judgment. Based on our review, we affirm the
habeas corpus court’s dismissal of the petition.

Johnson Court of Criminal Appeals

Danielle Lowe, ex rel. Beau Christopher Lowe et al. v. Bridgestone Americas Tire Operations, LLC
M2023-01774-COA-R3-CV
Authoring Judge: Judge Kenny Armstrong
Trial Court Judge: Judge Larry B. Stanley, Jr.

This is a premises liability/wrongful death case. Decedent, an employee of appellee’s independent contractor, died when the suspension system that was used to lift and turn tire molds failed, and the mold fell onto decedent. The trial court denied appellee’s motion for summary judgment on the question of workers’ compensation exclusivity, but it granted appellee’s motion for summary judgment on the question of duty. Because disputed material facts concerning appellee’s duty to decedent preclude summary judgment, we reverse the trial court’s grant of the motion on that question. We affirm the trial court’s denial of summary judgment on the workers’ compensation exclusivity question.

Warren Court of Appeals

Jermaine Nelson Buford v. State of Tennessee
M2023-01710-CCA-R3-PC
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Mark J. Fishburn

In 2018, a Davidson County jury convicted the Petitioner, Jermaine Nelson Buford, of possession of .5 grams or more of cocaine with intent to sell, aggravated assault, felony evading arrest, evading arrest, vandalism of property less than $1,000, and simple possession of marijuana. The trial court sentenced the Petitioner to an effective sentence of thirty years of incarceration. The Petitioner filed a direct appeal, and this court affirmed the judgments of the trial court. State v. Buford, No. M2019-00402-CCA-R3-CD, 2020 WL 414558, at *1 (Tenn. Crim. App. Jan. 27, 2020), perm. app. denied (Tenn. June 3, 2020). The Petitioner then filed a petition for post-conviction relief, alleging the ineffective assistance of counsel. After a hearing, the post-conviction court dismissed the petition. On appeal, the Petitioner maintains that he received the ineffective assistance of counsel by trial counsel’s failure to seek the suppression of evidence from the Petitioner’s cell phone. After review, we affirm the post-conviction court’s denial of post-conviction relief.

Davidson Court of Criminal Appeals

In Re Nash M.
E2023-01318-COA-R3-PT
Authoring Judge: Judge D. Michael Swiney
Trial Court Judge: Chancellor Richard B. Armstrong

The Chancery Court for Knox County (“the Trial Court”) terminated the parental rights of Kelsie M. (“Mother”) to Nash M. (“the Child”), finding by clear and convincing evidence the statutory ground of severe child abuse and that termination was in the Child’s best interest. Mother appealed, and this Court vacated the judgment due to an insufficient record and remanded for preparation of the transcripts of the proceedings. On remand, the Trial Court entered orders providing for the payment of the transcripts and reinstated its judgment terminating Mother’s parental rights. Mother appealed again, and transcripts of the proceedings have been presented in the record. Based upon our thorough review, we discern no reversible error and affirm the Trial Court’s judgment.

Knox Court of Appeals

In Re Whisper B. et al.
M2023-01313-COA-R3-PT
Authoring Judge: Judge Andy D. Bennett
Trial Court Judge: Judge Charles B. Tatum

The legal father of two children and the putative father of one of the children both appeal a juvenile court’s decision to terminate their parental rights. We affirm the juvenile court’s decision to terminate their parental rights, but we reverse the juvenile court’s decision to terminate the putative father’s rights on the ground of failure to manifest willingness and ability.

Wilson Court of Appeals

State of Tennessee v. Joshua Lynn Damesworth
W2023-00825-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Bruce I. Griffey

The Defendant pleaded guilty to theft of property and was placed on judicial diversion for five years and ordered to pay $167,000 in restitution to the victim. The Defendant failed to pay the entire amount of restitution, and the trial court revoked the Defendant’s sentence and ordered him to serve a five-year prison sentence. On appeal, the Defendant challenges the trial court’s finding that his failure to pay the entirety of the restitution prior to the expiration of his sentence was willful. After review of the record, we reverse the trial court’s revocation order.

Henry Court of Criminal Appeals

In Re Princeton W.
W2023-00884-COA-R3-PT
Authoring Judge: Judge Arnold B. Goldin
Trial Court Judge: Chancellor Steven W. Maroney

This appeal concerns the termination of a mother’s parental rights to her child. The trial court determined that the mother had abandoned the child by failure to engage in more than token visitation and further ruled that it was in the child’s best interests for the mother’s rights to be terminated. Because we conclude that clear and convincing evidence supports both the ground of abandonment by failure to visit and that termination of the mother’s parental rights is in the best interests of the child, we affirm the judgment of the trial court.

Madison Court of Appeals

Jashun Antravious Jarrett v. State of Tennessee
W2023-01636-CCA-R3-PC
Authoring Judge: Judge Matthew J. Wilson
Trial Court Judge: Judge Donald H. Allen

Petitioner, Jashun Antravious Garrett, pleaded guilty to one count of aggravated robbery and one count of theft under $1,000 and was sentenced to an effective eight years of incarceration. More than one year after the trial court entered judgments on Petitioner’s convictions, Petitioner filed a petition for post-conviction relief from his convictions. The post-conviction court summarily dismissed the petition as untimely. Petitioner then filed an untimely notice of appeal with this court. Based on Petitioner’s untimely notice of appeal, his appeal is dismissed.

Court of Criminal Appeals

State of Tennessee v. Tommy Gene Couch, Sr.
E2023-01812-CCA-R3-CD
Authoring Judge: Judge Kyle A. Hixson
Trial Court Judge: Judge Boyd M. Patterson

The Defendant, Tommy Gene Couch, Sr., appeals from his guilty-pled conviction for aggravated assault. Pursuant to the terms of the plea agreement, the trial court was to determine the length and manner of service of the Defendant’s sentence. Subsequently, the trial court denied the Defendant’s request for alternative sentencing and imposed a three-year sentence in incarceration. On appeal, the Defendant challenges the denial of alternative sentencing as an abuse of the trial court’s discretion. After review, we affirm the judgment of the trial court.

Hamilton Court of Criminal Appeals

Frank Louis v. Parmjeet Singh et al.
M2024-00385-COA-R3-CV
Authoring Judge: Judge Arnold B. Goldin
Trial Court Judge: Judge Darrell Scarlett

The trial court granted Appellees’ respective motions averring that Appellant’s lawsuit failed to state a claim against them. Discerning no error, we affirm.

Rutherford Court of Appeals

Jaslene Washington v. State of Tennessee
M2024-00074-CCA-R3-PC
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Bradley Sherman

In 2022, the Petitioner, Jaslene Washington, pleaded guilty in the Marion County General Sessions Court to assault and resisting arrest and received an effective sentence of eleven months and twenty-nine days of unsupervised probation conditioned upon the payment of fines and costs. The Petitioner filed a petition for post-conviction relief, alleging multiple claims including ineffective assistance of counsel. Following a hearing, the post-conviction court denied relief. On appeal, the Petitioner maintains that counsel was ineffective in providing erroneous information regarding the expungement of her convictions and that the Petitioner relied upon this erroneous information in deciding to enter the guilty pleas. After review, we affirm the post-conviction court’s judgment.

Marion Court of Criminal Appeals

Christopher Matthew Taylor v. State of Tennessee
E2024-00343-CCA-R3-PC
Authoring Judge: Judge Tom Greenholtz
Trial Court Judge: Judge Hector Sanchez

In 2021, the Petitioner, Christopher Matthew Taylor, pled guilty to the offense of unlawful possession of a weapon by a convicted felon. The trial court sentenced the Petitioner to a term of six years and placed him on probation. After his suspended sentence was revoked, the Petitioner filed a petition for post-conviction relief in April 2023, alleging that his original plea was not knowingly and voluntarily entered and that he was denied the effective assistance of counsel. After a hearing, the post-conviction court dismissed the petition as untimely, and the Petitioner appealed. Upon our review, we respectfully affirm the judgment of the post-conviction court.

Knox Court of Criminal Appeals

State of Tennessee v. Ladarius Quashon Kees
M2024-00057-CCA-R3-CD
Authoring Judge: Judge John W. Campbell, Sr.
Trial Court Judge: Judge Robert T. Bateman

The Defendant, Ladarius Quashon Kees, appeals the revocation of his community corrections sentence and reinstatement of the remainder of his original five-year sentence in confinement, arguing that the trial court erred by failing to adequately consider the appropriate consequences for his violations and by failing to weigh his request for a rehabilitation program.  Based on our review, we affirm the judgment of the trial court. 

Robertson Court of Criminal Appeals

Fabian Claxton v. State of Tennessee
W2023-01324-CCA-R3-PC
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge Chris Craft

Petitioner, Fabian Claxton, appeals the Shelby County Criminal Court’s denial of his petition for post-conviction relief. After a full review of the record, briefs and oral arguments of the parties, we affirm the judgment of the post-conviction court. 

Shelby Court of Criminal Appeals

State of Tennessee v. Melvin Chism, III
E2023-00620-CCA-R3-CD
Authoring Judge: Judge Tom Greenholtz
Trial Court Judge: Judge Duane Slone

A Jefferson County jury convicted the Defendant, Melvin Chism, III, of possession of a firearm by a convicted felon and possession of drug paraphernalia. The Defendant appeals, arguing that (1) the evidence at trial was insufficient to establish that he constructively possessed the firearm; and (2) evidence in this case was obtained in violation of his Fourth Amendment rights when an officer took and retained his identification card without reasonable suspicion that he had committed a crime. Upon our review, we respectfully affirm the judgments of the trial court.

Jefferson Court of Criminal Appeals

Anita Buchanan, Next of Kin of Lucy Anita Leach, deceased, and on behalf of the wrongful death beneficiaries of Lucy Anita Leach v. Franklin Operating Group, LLC et al.
M2022-01017-COA-R9-CV
Authoring Judge: Judge Kristi M. Davis
Trial Court Judge: Judge Joseph A. Woodruff

Following a woman’s death in a nursing home facility, the woman’s daughter sued the facility and its affiliated entities for negligence and wrongful death. The defendants moved to stay the proceedings and compel arbitration pursuant to an agreement that the woman’s daughter signed when the mother was admitted to the facility. The trial court granted the defendants’ motion but also granted the plaintiff’s request for an interlocutory appeal. This Court agreed with the trial court and granted the interlocutory appeal. Because the woman’s daughter, the plaintiff, did not have the requisite authority to sign the particular arbitration agreement at issue, we reverse and remand.

Williamson Court of Appeals

In Re Henry W. H.
W2023-01234-COA-R9-JV
Authoring Judge: Presiding Judge J. Steven Stafford
Trial Court Judge: Special Judge W. Ray Glasgow

After a hearing by a juvenile magistrate, Mother filed a timely petition for rehearing before the juvenile judge under Tennessee Code Annotated section 37-1-107(d). Over five hundred days later, section 37-1-107(d) was amended to eliminate the de novo hearing procedure and require a party seeking rehearing to file written exceptions to the magistrate’s order. Father filed a motion to dismiss Mother’s request for rehearing based on the amended statute. The juvenile court ruled that the amended statute would apply retroactively to Mother’s request for rehearing but granted her additional time to comply with the amended procedure. In this interlocutory appeal, we reverse the decision of the trial court to apply the amendment to section 37-1-107(d) retroactively to this particular case and remand to the juvenile court for a de novo hearing.

Shelby Court of Appeals

Wayne C. Lance v. City of Manchester, et al.
M2023-01268-COA-R3-CV
Authoring Judge: Judge Carma Dennis McGee
Trial Court Judge: Judge Robert Thomas Carter

The plaintiff, who is pro se, filed an inverse condemnation action against a city, county, and related governmental entities, alleging that the defendants constructed and operated an outdoor event venue on property partly owned by him without his knowledge or consent. The trial court denied the plaintiff’s request for a change in venue. The court ultimately granted summary judgment to the defendants for two reasons. First, it concluded that the plaintiff’s claims were barred by the statute of limitations set forth in Tennessee Code Annotated section 29-16-124. Second, the trial court found that the defendants affirmatively negated an essential element of the plaintiff’s claim for inverse condemnation – that his property suffered a decrease in value – and therefore summary judgment was appropriate on that basis as well. The plaintiff filed a post-judgment motion, asking the trial court to consider the impact of a recent decision of the United States Supreme Court. After a hearing, the trial court denied the post-judgment motion. The plaintiff appeals. We affirm.

Coffee Court of Appeals

Xiaohua Jiang v. Kevin Furness d/b/a Premium Auto Repair
M2023-01554-COA-R3-CV
Authoring Judge: Judge Carma Dennis McGee
Trial Court Judge: Judge Thomas W. Brothers

The pro se plaintiff asserted claims against the defendant for negligence and violations of the Tennessee Consumer Protection Act, alleging faulty repair work on her vehicle. After the plaintiff presented her proof at a jury trial, the defendant moved for a directed verdict on all claims. The trial court granted the motion, finding that the plaintiff failed to present enough evidence to establish a prima facie case to show that the defendant was negligent or violated the Tennessee Consumer Protection Act. As such, the plaintiff’s claims were dismissed. The plaintiff appeals. We affirm.

Davidson Court of Appeals

Anita Buchanan, Next of Kin of Lucy Anita Leach, deceased, and on behalf of the wrongful death beneficiaries of Lucy Anita Leach v. Franklin Operating Group, LLC et al. (concurring)
M2022-01017-COA-R9-CV
Authoring Judge: Judge W. Neal McBrayer
Trial Court Judge: Judge Joseph A. Woodruff

I concur in the decision to reverse the order compelling arbitration. I write separately to address the interpretation of the durable power of attorney by which the decedent, Lucy Leach, designated her daughter, Anita Buchanan, as her attorney-in-fact. In arguing whether the durable power of attorney authorized Ms. Buchanan to sign an arbitration agreement associated with Ms. Leach’s admission into a nursing home, the parties contend that Owens v. National Health Corp., 263 S.W.3d 876 (Tenn. 2007) controls. The majority describes Owens as “helpful background” in that “the trial court’s order and much of the parties’ arguments on appeal center around that case.” But, in my view, Owens also provides important context for interpreting the durable power of attorney.

Williamson Court of Appeals

Wendee C. Saulsberry v. Shavettashare Shannon, et al.
W2023-00532-COA-R3-CV
Authoring Judge: Presiding Judge J. Steven Stafford
Trial Court Judge: Judge Rhynette N. Hurd

The trial court dismissed the plaintiff’s complaint in its entirety based on failure to serve the named defendants. Although we affirm the dismissal of the named defendants for insufficiency of service of process and expiration of the statute of limitations, we vacate the dismissal of the plaintiff’s attempt to hold the uninsured motorist carrier liable under Tennessee Code Annotated section 56-7-1206.

Shelby Court of Appeals

Byron Hartshaw v. State of Tennessee
E2023-01565-CCA-R3-PC
Authoring Judge: Judge Tom Greenholtz
Trial Court Judge: Judge Steven Wayne Sword

A Knox County jury convicted the Petitioner, Byron Hartshaw, of two counts of robbery, two counts of aggravated robbery, and two counts of aggravated burglary, and the trial court sentenced him to serve an effective term of fifteen years. After that, he filed a petition for post-conviction relief alleging that he was denied the effective assistance of counsel when trial counsel failed to prepare a defense, failed to clarify a pretrial ruling, and failed to object during cross-examination, opening statements, and closing arguments. He also argued that the cumulative effect of trial counsel’s deficiencies was sufficient to establish that he was denied the effective assistance of counsel. After a hearing, the post-conviction court denied the petition, and the Petitioner appealed. Upon our review, we respectfully affirm the judgment of the post-conviction court.

Court of Criminal Appeals

State of Tennessee v. Colby Mason Kilburn
M2023-01021-CCA-R3-CD
Authoring Judge: Judge John W. Campbell, Sr.
Trial Court Judge: Judge M. Caleb Bayless

The Defendant, Colby Mason Kilburn, was convicted in the Lawrence County Circuit Court of first degree premeditated murder and received a sentence of life in confinement.  On appeal, the Defendant contends that the evidence is insufficient to support his conviction because the State failed to prove premeditation and intent.  Based upon the oral arguments, the record, and the parties’ briefs, we affirm the judgment of the trial court.

Lawrence Court of Criminal Appeals

Brian C. Lautenschlager v. State of Tennessee
W2024-00582-CCA-R3-ECN
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge J. Brent Bradberry

Petitioner, Brian C. Lautenschlager, filed a pro se Petition for Writ of Error Coram Nobis (“the Petition”), seeking relief based on a “newly discovered” affidavit that was signed in 2007 and “sent” to him in 2023. The coram nobis court found that the Petition was not filed within the one-year statute of limitations and that Petitioner failed to establish that he was entitled to equitable tolling of the statute of limitations and summarily dismissed the Petition. We affirm the judgment of the coram nobis court.

Decatur Court of Criminal Appeals