Roderick D. Tate v. State of Tennessee
E2014-02153-CCA-R3-PC
Authoring Judge: Judge Camille R. McMullen
Trial Court Judge: Judge Steve W. Sword

The Petitioner, Roderick D. Tate, appeals from the denial of post-conviction relief by the Criminal Court for Knox County. Pursuant to a plea agreement, the Petitioner entered guilty pleas to six drug-related offenses, for which he received an effective twenty-one-year sentence. On appeal, he argues that he received the ineffective assistance of counsel in relation to his guilty pleas because counsel misinformed him regarding the applicable range of punishment. Upon our review, we affirm the judgment of the post-conviction court.

Timothy R. Parsons v. Wilson County, Tennessee
M2014-00521-COA-R3-CV
Authoring Judge: Judge Richard H. Dinkins
Trial Court Judge: Judge John D. Wootten, Jr.

Inmate at Wilson County jail, who fell from top bunk bed and injured his shoulder, sued the County under the Governmental Tort Liability Act for failing to assign him to a bottom bunk or provide him with a ladder to access the top bunk. Following a trial, the court held that the bunk assignment was a discretionary function, and consequently, the County was immune from suit; that the county owed no duty to provide a bottom bunk, and that the inmate was more than 50 percent at fault for his injuries. We reverse the trial court’s ruling that the County was immune and the court’s consideration of comparative fault; determining that the County was not negligent, we affirm the judgment in favor of the County.

In re: Conservatorship of Horace Duke
M2015-00023-COA-R3-CV
Authoring Judge: Judge Andy D. Bennett
Trial Court Judge: Judge Laurence M. McMillan, Jr.

Conservator appealed the trial court’s order adopting the special master’s report. We find merit in the conservator’s argument that the trial court was required to hold a hearing before acting on the special master’s report. As we are unable to ascertain from the record whether a hearing was held, we vacate and remand for a determination of whether a hearing was held by the trial court. If no hearing was held, the trial court must hold a hearing on the special master’s report in accordance with Tenn. R. Civ. P. 53.04(2).

Corey Alan Bennett v. State of Tennessee
W2015-00442-COA-R3-CV
Authoring Judge: Per Curiam
Trial Court Judge: Judge Joe H. Walker, III

The notice of appeal was not timely filed and therefore, this appeal must be dismissed for lack of jurisdiction.

Tremaine Roberson v. State of Tennessee
W2014-00400-CCA-R3-PC
Authoring Judge: Presiding Judge Thomas T. Woodall
Trial Court Judge: Judge Chris Craft

Petitioner, Termaine Roberson, appeals the denial of his petition for post-conviction relief. Petitioner contends that he received ineffective assistance of counsel based on his trial counsel’s failure to adequately prepare for trial, including failing to call two witnesses at trial and failing to obtain DNA testing of a ski mask worn by one of the perpetrators. Having reviewed the record before us and the briefs of the parties, we conclude that the evidence does not preponderate against the post-conviction court’s findings. Accordingly, the judgment of the post-conviction court is affirmed.

Michael George Medina v. State of Tennessee
M2014-00561-CCA-R3-PC
Authoring Judge: Judge Camille R. McMullen
Trial Court Judge: Judge John D. Wootten, Jr.

The Petitioner, Michael George Medina, appeals from the denial of post-conviction relief by the Criminal Court for Smith County.  He was convicted of first degree murder of his wife and sentenced to life imprisonment in the Tennessee Department of Correction.  On appeal, the Petitioner argues that he received ineffective assistance of counsel.  Upon review, we affirm the judgment of the post-conviction court.

State of Tennessee v. Joseph R. Vibbert
M2014-02034-CCA-R3-CD
Authoring Judge: Judge D. Kelly Thomas, Jr.
Trial Court Judge: Judge Gary McKenzie

The Defendant, Joseph R. Vibbert, was indicted for two counts of sexual battery by an authority figure, a Class C felony.  See Tenn. Code Ann. § 39-13-527.  The Defendant pled guilty to one count of sexual battery, a Class E felony, and the second count was dismissed.  See Tenn. Code Ann. § 39-13-505.  The trial court sentenced the Defendant as a Range I, standard offender to two years to be served in confinement.  In this appeal as of right, the Defendant contends (1) that the trial court erred by denying his request for judicial diversion; and (2) that the trial court erred by denying his request for an alternative sentence.  Following our review, we affirm the judgment of the trial court.

State of Tennessee v. Billy Jeremy Jones
M2014-02362-CCA-R3-CD
Authoring Judge: Judge D. Kelly Thomas, Jr.
Trial Court Judge: Judge Forest A. Durard, Jr.

The Defendant, Billy Jeremy Jones, entered an open guilty plea to felony failure to appear.  The trial court, thereafter, sentenced him to four years, as a Range II, persistent offender, and ordered that sentence to run consecutively to the eight-year sentence on the underlying conviction for which the Defendant failed to appear.  The sole issue presented for our review is whether the effective twelve-year sentence is excessive.  Discerning no abuse of discretion, we affirm the sentencing decision of the Bedford County Circuit Court.

State of Tennessee v. Lesergio Duran Wilson
M2014-01487-CCA-R9-CD
Authoring Judge: Judge Camille R. McMullen
Trial Court Judge: Judge Cheryl A. Blackburn

The Defendant-Appellant, Lesergio Duran Wilson, was charged with first degree premeditated murder, and the State filed its notice of intent to seek the death penalty.  Wilson then filed a notice of intent to introduce expert testimony regarding his mental diseases, defects, and other mental conditions bearing on his guilt for the charged offense, and the State filed a motion to exclude this expert testimony.  Following an evidentiary hearing, the trial court granted the State’s motion.  In this interlocutory appeal, Wilson argues that the trial court erred in ruling that he could not present expert testimony during the guilt/innocence phase of trial regarding his incapacity to form the requisite culpable mental states for the offense.  Upon review, we affirm the judgment of the trial court and remand this matter for further proceedings consistent with this opinion.

State of Tennessee v. Dennis Lee Arnold
M2014-01133-CCA-R3-CD
Authoring Judge: Judge Robert H. Montgomery, Jr.
Trial Court Judge: Judge J. Randall Wyatt, Jr.

The Defendant, Dennis Lee Arnold, was convicted by a Davidson County Criminal Court jury of two counts of aggravated sexual battery, Class B felonies, and solicitation of a minor, a Class C felony.  See T.C.A. §§ 39-13-504, 39-13-522, 39-12-102 (2014).  The trial court sentenced the Defendant to consecutive terms of eleven years for the aggravated sexual battery convictions at 100% service and five years for the solicitation conviction, for an effective twenty-seven-year sentence.  On appeal, the Defendant contends that the trial court erroneously admitted prior bad act evidence pursuant to Tennessee Rule of Evidence 404(b).  We affirm the judgments of the trial court.

In re Estate of Linda Quasnitschka Kirbus
E2014-02091-COA-R3-CV
Authoring Judge: Judge John W. McClarty
Trial Court Judge: Chancellor Jerri S. Bryant

This is an estate case involving the division of two properties used as collateral to secure a commercial note. When the decedent‟s beneficiaries sought to partition the properties, her former husband objected, asserting that he assumed sole ownership of the properties by fulfilling the note with proceeds from the decedent's life insurance policies. Following a hearing, the trial court found that the beneficiaries were entitled to a 70 percent share of the properties. The former husband appeals. We affirm the decision of the trial court as modified.

State of Tennessee v. Dennis Lee Arnold - Separate Concurring Opinion
M2014-01133-CCA-R3-CD
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge J. Randall Wyatt, Jr.

I write separately to highlight the trial court's copious references to “completing the story of the crime” as a basis for allowing testimony that was challenged pursuant to Tennessee Rule of Evidence 404(b).

Allen Riggs v. Richard B. Wright, et al.
W2015-00677-COA-R3-CV
Authoring Judge: Per Curiam
Trial Court Judge: Judge Felicia Corbin Johnson

Appellant did not timely file the Notice of Appeal and thus, this Court lacks subject matter jurisdiction to hear this appeal. Consequently, the appeal must be dismissed.

Darrell Jones v. Tennessee Department of Correction, et al.
M2014-02389-COA-R3-CV
Authoring Judge: Judge Andy D. Bennett
Trial Court Judge: Judge Robert L. Jones

This appeal involves a dispute between a prisoner and the Tennessee Department of Correction regarding the Department’s classification of the prisoner as a member of a security threat group. The trial court dismissed the prisoner’s petition for writ of certiorari because it was not timely filed, and therefore, the court lacked subject matter jurisdiction to hear the petition. We affirm.

Valerie Cecile Burnett v. David Shaw Burnett
M2014-00833-COA-R3-CV
Authoring Judge: Judge W. Neal McBrayer
Trial Court Judge: Judge Michael R. Jones

This case involves a mother’s request for a change in the primary residential parent designation for her children. Following a one-day hearing, the trial court found that the mother failed to prove a material change in circumstance as necessary to change the primary residential parent designation. On appeal, the mother argues that the court’s order did not comply with Tennessee Rule of Civil Procedure 52.01 and that the proof showed a material change in circumstance. After reviewing the record, we affirm the trial court’s decision. 

Ensureus, LLC v. Douglas S. Oliver, et al
M2014-00410-COA-R3-CV
Authoring Judge: Judge Andy D. Bennett
Trial Court Judge: Judge Laurence M. McMillan, Jr.

Purchaser of insurance agency sued Seller, alleging breach of contract and misrepresentation. Seller filed a counterclaim seeking amount due on Purchaser’s promissory note.  The trial court found Purchaser failed to prove either breach of contract or misrepresentation, and it awarded Seller the balance due on the promissory note.  Purchaser appealed, and we affirm the trial court’s judgment in all respects.

Curtis Morgan v. TRW Automotive U.S., LLC
M2014-01273-SC-R3-WC
Authoring Judge: Senior Judge Paul G. Summers
Trial Court Judge: Chancellor Charles K. Smith

The trial court found that Employee, a utility technician, suffered a work-related injury to his left hand and awarded thirty percent vocational disability. Employer has appealed, contending the trial court erred in awarding benefits for an injury to Employee's left hand rather than to his left index finger. This appeal has been referred to the Special Workers' Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law pursuant to Tennessee Supreme Court Rule 51. Because there is no evidence suggesting unusual and extraordinary hand conditions stemming from the finger injury, we reverse the trial court's judgment. 

William Steven Still v. City of Knoxville
E2014-01841-SC-R3-WC
Authoring Judge: Judge Don R. Ash
Trial Court Judge: Chancellor Daryl R. Fansler

The employee, a police officer, was diagnosed with coronary artery disease after a routine stress test in February 2011. He sought workers’ compensation benefits, asserting he was entitled to the presumption of causation created by Tennessee Code Annotated section 7-51-201(a)(1). His employer denied the claim. At trial, both sides presented expert medical testimony from board-certified cardiologists. The trial court found that the employer did not rebut the statutory presumption and awarded benefits. The employer has appealed. Pursuant to Tennessee Supreme Court Rule 51, the appeal has been referred to the Special Workers’ Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law. Upon review, we conclude that the employer rebutted the statutory presumption and the evidence preponderates against the trial court’s finding of causation. Therefore, we reverse the judgment.

Travis G. McCosh v. Jennifer Burns McCosh
E2014-01702-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Chancellor Jerri S. Bryant

This is a post-divorce case. Travis G. McCosh (Father) appeals the trial court’s judgment increasing his child support payment retroactively to the date that Jennifer Burns McCosh (Mother) filed a counterclaim seeking (1) to modify the parties’ permanent parenting plan and (2) the recalculation of child support pursuant to the Child Support Guidelines. Father also appeals the trial court’s award of $500 in attorney’s fees to Mother. We hold that the proof establishes a significant variance between the amount of the current support order and the amount of the presumptive support based upon the relevant facts before the trial court. The significant variance is due primarily to the fact that Father’s income has increased significantly between the time of the last child support order and the filing of Mother’s petition. We affirm the judgment of the trial court.

In re L.J., Jr.
E2014-02042-COA-R3-PT
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Judge Timothy E. Irwin

J.S.H. (Mother) appeals the termination of her parental rights to her child, L.J., Jr. (the Child). Mother contends that the trial court erred in its finding – said to be made by clear and convincing evidence – that she abandoned the Child by willfully (1) failing to pay support and (2) failing to visit the Child in the four months immediately preceding the filing of the termination petition. She also challenges the trial court's holding that she failed to provide the Child a suitable home. Mother argues that the trial court erred when it held that termination is in the Child's best interest. Mother has three other children, B.H., J.T., and A.T. The Department of Children's Services (DCS) was awarded temporary legal custody of all of the four children on September 20, 2012, due to the trial court's finding that each was dependent and neglected. Mother's other three children now live with their paternal grandmother. Only Mother's parental rights with respect to L.J., Jr. are at issue on this appeal. We modify the trial court's judgment. As modified, the judgment terminating Mother's rights is affirmed.

State of Tennessee v. Daetrus Pilate
W2014-01593-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Lee V. Coffee

A Shelby County jury convicted the Defendant, Daetrus Pilate, of aggravated assault by use of a deadly weapon and evading arrest in a motor vehicle creating a high risk of death or injury, and the trial court sentenced him to a total effective sentence of nine years of incarceration. On appeal, the Defendant contends that: (1) the evidence is insufficient to sustain his convictions; (2) the trial court erred when it excluded photographs of him taken during his hospitalization after being shot during this incident; and (3) his sentence is excessive. After a thorough review of the record and the applicable authorities, we affirm the trial court’s judgments.

State of Tennessee v. Jarrod Reese Spicer
W2014-01817-CCA-R3-CD
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge William B. Acree

Defendant, Jarrod Reese Spicer, was convicted by an Obion County jury of second degree murder and aggravated robbery and sentenced to serve concurrent sentences of twenty-five and twelve years, respectively, as a standard offender. On appeal, Defendant argues that there was insufficient evidence to support his convictions and that the trial court abused its discretion by sentencing him to the maximum sentence for each conviction. Discerning no error, we affirm the judgments of the trial court.

Terry Pantuso v. Wright Medical Technology Inc., et al.
W2014-02315-COA-R9-CV
Authoring Judge: Presiding Judge J. Steven Stafford
Trial Court Judge: Judge Donna M. Fields

In this interlocutory appeal, the defendants appeal the trial court's denial of their motion to dismiss a product liability lawsuit on the ground of forum non conveniens. Discerning no abuse of discretion by the trial court, we affirm.

Jimmy L. Hensley v. Cocke Farmers Cooperative
E2014-01775-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Judge O. Duane Slone

Jimmy L. Hensley brought this action to enforce his agreement with a former employer, Cocke Farmer’s Cooperative (the co-op), providing for the payment of severance pay to him in the event his employment was terminated without cause. Each side moved for summary judgment. The trial court held the agreement to be valid and enforceable. Accordingly, it granted Hensley summary judgment, awarding him the severance pay set forth in the agreement. The co-op appeals. We affirm.

Tim E. Shaw v. FSGBank, N.A.
E2014-01365-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Chancellor Jerri S. Bryant

In 2007, Tim E. Shaw contacted FSGBank, N.A. (FSG) regarding the refinancing of multiple loans. FSG initiated the processing of his request for refinancing; in the meantime, it extended to him a new loan for $60,000 to enable him to purchase another piece of property for investment purposes. The new loan was secured by a trust deed on property he owned at 430 Highland Avenue in Cleveland, Tennessee. In 2010, after an apparent default by Mr. Shaw on the $60,000 loan, FSG sought foreclosure proceedings on the Highland Avenue property and advertised a trustee sale. As a result, Mr. Shaw filed a complaint against FSG in 2010. He alleged a number of claims, specifically (1) breach of an agreement for future loans; (2) breach of contract; (3) conversion; (4) fraud; and (5) misrepresentation. FSG subsequently filed a motion for judgment on the pleadings, contending that Mr. Shaw’s complaint failed to state an actionable claim as there was not in existence a written agreement by FSG to make additional loans. Further, FSG claimed that Mr. Shaw’s misrepresentation claim was barred by the statute of limitations and because it was based upon FSG’s alleged failure to make loans it never agreed to make.