Jeromy Tyson Ratcliff v. Melody Leann Ratcliff Neal
In this child support dispute, the mother filed a petition to extend child support for an adult child due to the child’s severe disability. The father filed a motion to dismiss the petition for lack of subject matter jurisdiction, which the trial court denied. Following a bench trial, the court entered an order determining that the parties’ adult son was severely disabled and directing the father to pay child support “going forward” and retroactively. The father sought to amend the final judgment, again raising the issue of the trial court’s subject matter jurisdiction and also requesting that the final order be set aside until the child could undergo a vocational evaluation. The trial court denied the motion to alter or amend. The father has appealed. Discerning no reversible error, we affirm. Upon consideration, we decline the mother’s request for attorney’s fees on appeal. |
Bradley | Court of Appeals | |
State of Tennessee v. Brian Tremaine Mitchell
The Defendant, Brian Tremaine Mitchell, was convicted in the Davidson County Criminal Court of two counts of first degree premeditated murder, one count of first degree felony murder, one count of attempted second degree murder, and employing a firearm during the commission of a dangerous felony and received a total effective sentence of two consecutive life terms plus seventeen years in confinement. On appeal, the Defendant contends that (1) the evidence is insufficient to support his convictions, (2) the trial court erred by admitting hearsay statements into evidence as dying declarations, (3) the trial court erred by failing to instruct the jury on the statements as dying declarations, (4) the trial court erred by refusing to suppress his Facebook records from evidence, (5) the trial court erred by allowing his jailhouse statements and internet searches into evidence, (6) the trial court erred by excluding evidence that one of the victims was selling drugs and might have been intoxicated at the time of the crimes, and (7) he is entitled to relief under the cumulative error doctrine. Based upon the oral arguments, the record, and the parties’ briefs, we affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Gary E. Brown
Defendant, Gary E. Brown, was indicted by a Knox County Grand Jury in case number |
Knox | Court of Criminal Appeals | |
Roy T. Lewis v. State of Tennessee
Petitioner, Roy T. Lewis, appeals from the Robertson County Circuit Court’s denial of his petition for post-conviction relief following a hearing, in which Petitioner alleged that he received the ineffective assistance of counsel and that his guilty plea was not knowingly and voluntarily entered because trial counsel did not inform him of his offender classification. Following a careful review of the record and the briefs of the parties, we affirm the judgment of the post-conviction court. |
Robertson | Court of Criminal Appeals | |
State of Tennessee v. Shoshanna Cabanting
A Hancock County Jury convicted the Defendant, Shoshanna Cabanting, of vandalism of |
Hancock | Court of Criminal Appeals | |
Alexis Danielle Rapp v. Christopher George Rapp
This case stems from a mother’s request to relocate outside the state with the parties’ minor child. The father filed a petition opposing relocation, and a trial was held on the matter. The trial court determined that allowing relocation was not in the child’s best interests and granted the father’s petition. Concluding that the trial court did not abuse its discretion, we affirm. |
Robertson | Court of Appeals | |
State of Tennessee v. Terrance Williams
A Shelby County jury convicted the defendant, Terrance Williams, of conspiracy to commit first-degree murder, attempted first-degree murder, and employing a firearm during the commission of a dangerous felony, for which he received an effective sentence of fifty-six years in confinement. On appeal, the defendant contends the evidence presented at trial was insufficient to support his convictions. After reviewing the record and considering the applicable law, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Kevin Davidson
Defendant, Kevin Davidson, appeals the trial court’s order revoking his probationary |
Sullivan | Court of Criminal Appeals | |
Daniel Seth Holliday v. Elizabeth Frances Holliday
In this divorce action, the trial court distributed the parties’ assets and liabilities, determined the amount of the husband’s child support obligation with regard to the parties’ two children, and awarded alimony in futuro to the wife. The husband timely appealed. Upon our thorough review, we vacate and remand to the trial court the issues of the husband’s child support and alimony obligations for further determination. We affirm the judgment in all other respects. |
Hamilton | Court of Appeals | |
State of Tennessee v. Marquis Rashum McReynolds
The Defendant, Marquis Rashum McReynolds, was convicted by a Roane County Criminal |
Roane | Court of Criminal Appeals | |
Gary Lee Bragg, Jr. v. State of Tennessee
Petitioner, Gary Lee Bragg, Jr., claims that trial counsel provided ineffective assistance by |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Amy Upton
The Defendant, Amy Upton, pleaded guilty to four counts of drug-related offenses after |
Union | Court of Criminal Appeals | |
Fairway Capital Partners, LLC v. Tamaryn Gause, et al.
The assignee of a contract for the sale of real property appeals the dismissal of its claims against a third party for civil conspiracy to commit breach of contract, tortious interference with a contractual relationship, and statutory inducement of breach of contract. The trial court granted summary judgment in favor of the defendant third party based on its conclusion that the third party had no notice of the contract at issue and did not act maliciously. We vacate the grant of summary judgment and remand for further proceedings. |
Shelby | Court of Appeals | |
Samuel Forrester Hunter v. Winnie Sue Cooper
After declaring the parties divorced, the trial court fashioned a permanent parenting plan for their minor child. The plan designated the mother as the primary residential parent and gave the father 80 days of parenting time each year. The father argues that the trial court abused its discretion in adopting a parenting plan that failed to maximize his parenting time. We affirm. |
Williamson | Court of Appeals | |
Robert Christopher Walton v. Rebecca Guess Walton
In this post-divorce matter, the parties dispute the interpretation of a provision of their marital dissolution agreement (“MDA”) concerning one of Husband’s retirement plans. On the parties’ cross petitions to enforce the MDA, the trial court found the MDA to be unambiguous and agreed with Wife’s interpretation of the disputed provision. Discerning no error, we affirm. Wife’s request for appellate attorney’s fees and costs is granted pursuant to the terms of the MDA; her request for frivolous appeal damages is denied. |
Shelby | Court of Appeals | |
Anthony Parker v. Commissioner of Labor and Workforce Development
Appellant appeals the chancery court’s decision to affirm the Tennessee Department of Labor and Workforce Development’s determination that he was overpaid unemployment benefits. Because we have determined that the appellant failed to comply with the applicable rules regarding appellate briefing, we dismiss this appeal. |
Rutherford | Court of Appeals | |
Rodzell Lamont Mason v. State of Tennessee
The Petitioner, Rodzell Lamont Mason, appeals the summary dismissal as time-barred of his petition for post-conviction relief from his guilty-pleaded conviction of second degree murder, arguing that the post-conviction court erred in finding that State v. Booker, 656 S.W.3d 49 (2022), did not establish a new constitutional right applicable to his case that would allow his claim, filed more than thirteen years after his judgment became final, to be considered. Based on our review, we affirm the summary dismissal of the petition. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Phillip Jerome Gardner, III & Latonia Maria Gardner
In a joint trial, a Davidson County jury convicted Phillip Jerome Gardner, III, and Latonia Maria Gardner of felony murder committed in the perpetration of aggravated child neglect and three counts of aggravated child neglect. Additionally, Latonia Gardner was convicted of felony murder committed in the perpetration of aggravated child abuse and one count of aggravated child abuse. Each was sentenced to life plus seventeen years. On appeal, the Defendants raise separate issues. Ms. Gardner argues that the evidence is insufficient to support her convictions. She also alleges that the trial court erred when it failed to sever offenses; improperly admitted expert testimony and video evidence; gave a misleading supplemental jury instruction; and imposed consecutive sentencing. Mr. Gardner similarly challenges the sufficiency of the evidence supporting his convictions. He also argues that the trial court erred when it took under advisement his motion for a judgment of acquittal; failed to sever the Defendants; failed to exclude evidence of the victim’s prior injuries; failed to instruct the jury on his alibi defense; and gave the same misleading supplemental jury instruction. Upon review, the court affirms Ms. Gardner’s conviction and life sentence for felony murder in perpetration of aggravated child abuse. However, the court agrees with the parties that the jury was improperly instructed on one aggravated child neglect count, and we remand that count and its associated felony murder count for a new trial as to both Defendants. With the parties’ agreement, we also reverse the order for consecutive sentences in Ms. Gardner’s cases and remand for the trial court to consider the factors outlined in State v. Wilkerson, 905 S.W.2d 933 (Tenn. 1995). Finally, we remand both cases for entry of corrected judgments of conviction. In all other respects, we respectfully affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
Aaron Ostine v. State of Tennessee
A Cheatham County jury convicted the Petitioner, Aaron Ostine, of first degree premeditated murder, first degree felony murder, and aggravated robbery. The trial court imposed an effective life sentence, and this court affirmed the judgments on appeal. State v. Ostine, No. M2013-00467-CCA-R3-CD, 2014 WL 2442988 at *1 (Tenn. Crim. App. May 28, 2014), perm. app. granted (Tenn. Oct. 15, 2014). The Petitioner filed a Rule 11 application, pursuant to the Tennessee Rules of Appellate Procedure, to the Tennessee Supreme Court. Our supreme court granted the application and remanded the case for our reconsideration in light of its holding in State v. Jackson, 444 S.W.3d 554 (Tenn. 2014). After considering the facts and circumstances of the case as compared to those in Jackson, this court again affirmed the trial court’s judgment. State v. Ostine, No. M2013-00467- CCA-R3-CD, 2015 WL 7009058, at *1 (Tenn. Crim. App. Nov. 12, 2015), perm. app. denied (Tenn. Mar. 23, 2016). The Petitioner timely filed for post-conviction relief based upon claims of ineffective assistance of counsel. After a hearing, the post-conviction court denied relief. The Petitioner appeals, maintaining that he received the ineffective assistance of counsel and asserts that the cumulative effect of his trial counsel’s errors entitle him to relief. After review of the record and applicable law, we affirm the post-conviction court’s denial of relief. |
Cheatham | Court of Criminal Appeals | |
Devon MacPherson v. Metropolitan Government of Nashville and Davidson County
A property owner filed a declaratory judgment action challenging the constitutionality of metropolitan government ordinances that prevented him from obtaining a permit for a short-term rental property with more than four bedrooms. We have concluded that the property owner’s claims are barred by res judicata. |
Davidson | Court of Appeals | |
In Re Ethan W.
In this case involving termination of a mother’s and father’s parental rights to their minor child, the trial court found that three statutory grounds for termination of the mother’s parental rights and two statutory grounds for termination of the father’s parental rights had been proven by clear and convincing evidence. The trial court further found, by clear and convincing evidence, that termination of both parents’ parental rights was in the child’s best interest. Both the mother and father have appealed. Discerning no reversible error, we affirm. |
Meigs | Court of Appeals | |
State of Tennessee v. Dustin William Russell
Defendant, Dustin William Russell, was convicted by a jury of second degree murder, reckless endangerment by discharging a firearm into an occupied habitation, and three counts of reckless endangerment with a deadly weapon. Defendant was sentenced to a total effective sentence of thirty years. On appeal, Defendant claims the trial court gave an improper instruction for second degree murder, the evidence was insufficient to support his second degree murder conviction, and the trial court abused its discretion in its application of an enhancement factor and in its failure to make findings to support partial consecutive sentencing on the dangerous offender factor. Following a thorough review of the record, the briefs, and oral arguments of the parties, we affirm the judgments of the trial court. |
Williamson | Court of Criminal Appeals | |
In Re Epik W. Et Al.
The present appeal originates out of a Juvenile Court dependency and neglect proceeding. During the pendency of the case in the Juvenile Court, the Nenana Native Association filed a notice of intervention and averred that the two children at issue in this appeal are “Indian Children” under the Indian Child Welfare Act. The Nenana Native Association requested that the Juvenile Court enter an order acknowledging its status as these children’s tribe, and the Juvenile Court subsequently did so. Although the Nenana Native Association was allowed to intervene as a party in the case, the Juvenile Court later entered an order denying a request that the case be transferred to a tribal court. An appeal was thereafter pursued in the Circuit Court, and the Circuit Court, considering the matter de novo under Tennessee Code Annotated section 37-1-159(a), also entered an order denying transfer. Although the Nenana Native Association now pursues an appeal of the Circuit Court’s order in this Court, we conclude that the Circuit Court lacked jurisdiction to hear the interlocutory appeal from the Juvenile Court. Accordingly, we vacate the Circuit Court’s judgment and remand the case back to the Circuit Court with instructions that it remand the matter back to the Juvenile Court for further proceedings. |
Unicoi | Court of Appeals | |
In Re Destiney J. Et Al.
In this parental termination case, the father appeals the termination of his parental rights to his three children. The trial court found that two grounds for termination had been proven and that termination of the father’s parental rights was in the children’s best interests. Based on these findings, the court terminated the father’s parental rights. The father appeals. We affirm. |
Claiborne | Court of Appeals | |
Jonathan W. Stephenson v. Zachary Pounds, Warden
Petitioner, Jonathan W. Stephenson, appeals from the Davidson County Criminal Court’s order summarily dismissing his fifth petition for writ of habeas corpus. On appeal, Petitioner challenges his convictions for first degree murder and conspiracy to commit first degree murder, and the legality of his death plus sixty-years effective sentence. After review, we affirm the judgment of the habeas corpus court. |
Court of Criminal Appeals |