APPELLATE COURT OPINIONS

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State of Tennessee v. Richard Faulk

M2023-01218-CCA-R3-CD

A Maury County jury convicted the Defendant, Richard Faulk, of aggravated vehicular homicide, and he was subsequently sentenced to twenty years’ imprisonment. In this direct appeal, the Defendant argues the trial court erred in (1) allowing two Tennessee State Troopers who were certified as experts in accident reconstruction to testify as experts in occupant kinetics and (2) allowing the State to introduce a copy of the Defendant’s Tennessee Department of Safety driving record as evidence of his prior convictions when a copy of the driving record was not provided to the Defendant at the arraignment as required by Tennessee Code Annotated § 55-10-405(d). The Defendant also argues that the evidence is insufficient to support his conviction. Discerning no reversible error, we affirm the judgment of the trial court.

Authoring Judge: Presiding Judge Camille R. McMullen
Originating Judge:Chancellor Christopher V. Sockwell
Maury County Court of Criminal Appeals 02/07/25
State of Tennessee v. Terrell Shannon

W2024-00174-CCA-R3-CD

Defendant, Terrell Shannon, was convicted by a Shelby County jury of rape of a child and aggravated assault. The trial court imposed an effective sentence of forty-six years. Defendant appeals, arguing that the evidence was insufficient to support his conviction for rape of a child and that his convictions violate double jeopardy protections. 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, his issues are waived, and the appeal is dismissed.

Authoring Judge: Judge Jill Bartee Ayers
Originating Judge:Judge Lee V. Coffee
Shelby County Court of Criminal Appeals 02/07/25
In Re Connor A.

M2024-01236-COA-R3-PT

Mother appeals the termination of her parental rights on grounds of (1) abandonment by failure to visit; (2) abandonment by failure to support; (3) abandonment by failure to provide a suitable home; (4) substantial noncompliance with the permanency plans; (5) persistence of conditions; and (6) failure to manifest an ability and willingness to assume custody or financial responsibility of the child. Because the Tennessee Department of Children’s Services does not defend the grounds of abandonment by failure to provide a suitable home or substantial noncompliance with the permanency plans, we reverse as to those grounds. And because the trial court failed to make sufficient findings that returning the child to Mother would pose a likelihood of substantial harm, we vacate the ground of failure to manifest an ability and willingness to assume custody or financial responsibility of the child. Otherwise, we affirm the decision of the trial court to terminate Mother’s parental rights.

Authoring Judge: Presiding Judge J. Steven Stafford
Originating Judge:Judge Greg B. Perry
Coffee County Court of Appeals 02/07/25
Tracy D. Boyd, Jr. v. State of Tennessee

W2023-01669-CCA-R3-PC

Tracy D. Boyd, Jr., Petitioner, pleaded guilty to three counts of impersonating a licensed professional, one count of theft of property, and one count of forgery. Petitioner subsequently filed a petition for post-conviction relief, alleging that the indictments against him were defective, that he had received the ineffective assistance of counsel, that his guilty plea was entered under duress, and prosecutorial misconduct. The post-conviction court summarily dismissed each of Petitioner’s allegations. Petitioner now timely appeals. After review, we remand this case to the post-conviction court for entry of a written order that sufficiently addresses all grounds presented by Petitioner, and which states the court’s findings of fact and conclusions of law regarding each ground as required by Tennessee Code Annotated section 40-30-111(b).

Authoring Judge: Judge Matthew J. Wilson
Originating Judge:Judge Joseph T. Howell
Madison County Court of Criminal Appeals 02/07/25
Michael Aveille on behalf of E.A. v. Bobby Moore

W2024-00679-COA-R3-CV

This appeal concerns the entry of an order of protection. The alleged victim’s father filed the initiating petition based upon an allegation of stalking. We vacate the entry of the order of protection, finding no evidence to sustain the petition.

Authoring Judge: Judge John W. McClarty
Originating Judge:Judge Carol J. Chumney
Shelby County Court of Appeals 02/07/25
State of Tennessee v. Gary Allen Jordan, Jr.

W2024-00462-CCA-R3-CD

A Madison County jury convicted Defendant, Gary Allen Jordan, Jr., of fifty-five offenses, including charges of possession of methamphetamine with intent to sell or deliver, possession of cocaine with intent to sell or deliver, possession of heroin with intent to sell or deliver, possession of fentanyl with intent to sell or deliver, possession of marijuana with intent to sell or deliver, possession of a firearm by a convicted felon and possession of a firearm during the commission of a dangerous felony. The trial court imposed an effective sentence of sixty-six years’ confinement. On appeal, Defendant contends that the trial court erred in denying his motion to suppress evidence seized during the search of his vehicle and that the evidence was insufficient to support his convictions related to the possession of cocaine and marijuana and the possession of a firearm. After review, we affirm the judgments of the trial court.

Authoring Judge: Judge Matthew J. Wilson
Originating Judge:Judge Joseph T. Howell
Madison County Court of Criminal Appeals 02/06/25
Glenard Cortez Thorne v. Brandon Watwood, Warden

W2024-01594-CCA-R3-HC

In 2008, the Petitioner, Glenard Cortez Thorne, was convicted of two counts of especially aggravated kidnapping and sentenced to a term of twenty-one years for each conviction. In 2024, the Petitioner applied for a writ of habeas corpus, alleging that the trial court failed to consider a required statutory mitigating factor at sentencing. The habeas corpus court summarily dismissed the application, and the Petitioner appealed. Upon our review, we respectfully affirm the judgments of the habeas corpus court.

Authoring Judge: Judge Tom Greenholtz
Originating Judge:Judge Mark L. Hayes
Lake County Court of Criminal Appeals 02/06/25
Frank L. Slaughter, Jr. v. Board of Professional Responsibility of the Supreme Court of Tennessee

E2023-01567-SC-R3-BP

A hearing panel of the Board of Professional Responsibility found that a Sullivan County attorney violated Rules 1.6, 4.4, and 8.4 of the Tennessee Rules of Professional Conduct after the attorney disclosed confidential information about a client’s case to third parties in a separate case. The hearing panel imposed a public censure as punishment. The attorney appealed, and the chancery court affirmed the hearing panel’s decision. The attorney now appeals to this Court, arguing that Tennessee Supreme Court Rule 9 violates his due process rights and that his actions did not amount to violations of Rules 1.6 and 4.4. After careful review, we affirm the judgment of the chancery court with regard to Rule 1.6. However, we reverse the chancery court’s judgment upholding the hearing panel’s finding that the attorney violated Rule 4.4.

Authoring Judge: Justice Jeffrey S. Bivins
Originating Judge:Senior Judge Thomas J. Wright
Sullivan County Supreme Court 02/06/25
State of Tennessee v. Brandon Rashann Murray

M2024-00163-CCA-R3-CD

Brandon Rashann Murray, Defendant, admitted to violating the terms of his community corrections sentence. Following a hearing, the trial court ordered Defendant to serve the balance of his eight-year sentence in confinement. Defendant claims that the trial court erred in imposing a sentence of incarceration because his violations were technical in nature. Following our review, we affirm the judgment of the trial court.

Authoring Judge: Judge Robert L. Holloway, Jr.
Originating Judge:Judge Robert T. Bateman
Montgomery County Court of Criminal Appeals 02/06/25
State of Tennessee v. Robert David Morse

E2024-00580-CCA-R3-CD

A Cumberland County jury convicted the Defendant, Robert David Morse, of first degree premeditated murder, and the trial court sentenced him to life in prison. On appeal, the Defendant contends that the evidence is insufficient to sustain his conviction and that the trial court committed two evidentiary errors: (1) admitting multiple autopsy photographs depicting the victim's body; and (2) limiting his cross-examination of Agent Davenport about the Defendant's statement to the police. After review, we affirm the trial court's judgment. 

Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Judge Gary S. McKenzie
Court of Criminal Appeals 02/05/25
State of Tennessee v. Paul Michael Cheairs

W2024-00312-CCA-R3-CD

Defendant, Paul Michael Cheairs, was convicted by a Madison County jury of two counts of possession of marijuana with intent to sell and or deliver, two counts of possession of drug paraphernalia, one count of misdemeanor unlawful possession of a firearm, and one count of possession of a firearm by a convicted felon. The trial court imposed an effective sentence of seventeen years. Defendant appeals, arguing that the evidence was insufficient to support his convictions and that the trial court erred in admitting a rap video made after the arrest, by allowing expert testimony from a lieutenant, and in sentencing. Upon our review of the entire record, the briefs of the parties, and the applicable law, we affirm the judgments of the trial court.

Authoring Judge: Judge Jill Bartee Ayers
Originating Judge:Judge Joseph T. Howell
Madison County Court of Criminal Appeals 02/05/25
Karen Formby Holmes v. George David Holmes

M2022-01195-COA-R3-CV

This appeal arises from a divorce.  The former husband challenges the classification and division of the marital estate.  Because the husband failed to comply with our procedural rules, we deem his issues waived and dismiss the appeal. 

Authoring Judge: Judge W. Neal McBrayer
Originating Judge:Judge Ted A. Crozier
Sumner County Court of Appeals 02/05/25
Nehad Abdelnabi v. Fatma Adel Sekik

E2023-00128-COA-R3-CV

This appeal concerns the trial court’s grant of a petition for civil contempt for failure to comply with orders regarding the division of marital assets and awards of spousal and child support against the husband and his relatives, who held an interest in the properties at issue. We affirm the trial court’s grant of orders of civil contempt against all parties. We also conclude that this appeal is frivolous and remand for an assessment of damages.

Authoring Judge: Judge John McClarty
Originating Judge:Senior Judge Don R. Ash
Knox County Court of Appeals 02/05/25
Stephanie Allen, individually and surviving spouse and next-of-kin of Donald A. Allen, Deceased et al. v. Benjamin Dehner, M.D. et al.

M2023-01750-COA-R3-CV

A husband and wife commenced this health care liability action by filing a complaint against a medical doctor and his practice. Along with their complaint, the couple filed a “Certificate of Good Faith” as required by Tennessee Code Annotated § 29-26-122(a), which requires certification that an expert has reviewed the available medical records “for the incident or incidents at issue” and that the expert believed there was “a good faith basis to maintain the action consistent with the requirements of § 29-26-115.” The original complaint alleged that the defendants caused severe permanent and physical injuries when they failed to properly diagnose and treat the husband’s cancer. After the husband died, the wife filed an amended complaint that alleged that the defendants’ negligence also caused the husband’s death. But the wife did not file a new certificate of good faith. For this reason, the defendants sought dismissal under Tennessee Code Annotated § 29-26-122(c). The trial court granted the motion, and this appeal followed. The issue is whether § 29-26-122(a) requires plaintiffs to file a new certificate of good faith with an amended complaint that alleges a new injury based on already-alleged negligent acts by existing defendants. In Sirbaugh v. Vanderbilt University, 469 S.W.3d 46 (Tenn. Ct. App. 2014) we held that a new certificate is required when adding new defendants to existing claims. And in Estate of Vickers v. Diversicare Leasing Corp., No. M2021-00894-COA-R3-CV, 2022 WL 2111850 (Tenn. Ct. App. June 13, 2022), we held that a new certificate is required when adding new allegations of negligence against existing defendants. Accordingly, we conclude that a new certificate is required when adding an injury based on existing claims against existing defendants. For this and other reasons, we affirm the trial court’s judgment in all respects.

Authoring Judge: Presiding Judge Frank G. Clement Jr.
Originating Judge:Judge Thomas W. Brothers
Davidson County Court of Appeals 02/05/25
Stephanie Allen, individually and surviving spouse and next-of-kin of Donald A. Allen, Deceased et al. v. Benjamin Dehner, M.D. et al. (concurring in part/dissenting in part)

M2023-01750-COA-R3-CV

In considering this appeal, the majority thoughtfully moves through the labyrinthian requirements of Tennessee health care liability actions. While the majority’s analysis presents a well-considered direction to go, I cannot follow their route for its full course. Holding onto statutory language that hopefully serves the role of the thread used by Theseus in navigating out of the labyrinth, 1 I believe that the proper way back through the maze follows that statutory thread along a different path. Accordingly, I concur in part and dissent in part.

Authoring Judge: Judge Jeffrey Usman
Originating Judge:Judge Thomas W. Brothers
Davidson County Court of Appeals 02/05/25
Justin M. Finch v. 28th Judicial District IV-D Child Support Agency, et al.

W2024-00646-COA-R3-CV

The trial court dismissed the appellant’s petition on a Tennessee Rule of Civil Procedure 12.02 motion. Because the appellant’s brief falls well short of the requirements of both the Tennessee Rules of Appellate Procedure and the rules of this Court, we dismiss the appeal.

Authoring Judge: Judge W. Neal McBrayer
Originating Judge:Chancellor Michael Mansfield
Haywood County Court of Appeals 02/05/25
Ina Grace Jacobi v. VendEngine Inc.

M2023-01459-COA-R3-CV

Ina Grace Jacobi sued VendEngine, Inc. (“VendEngine”), alleging that she was wrongfully arrested due to VendEngine’s negligent design and operation of an inmate messaging system. The trial court determined that the gravamen of Ms. Jacobi’s claim was for malicious prosecution and granted summary judgment to VendEngine after concluding she failed to prove the elements of that claim. Ms. Jacobi appealed. Discerning no error, we affirm the trial court’s decision.

Authoring Judge: Judge Andy D. Bennett
Originating Judge:Judge Adrienne Gilliam Fry
Robertson County Court of Appeals 02/05/25
State of Tennessee v. Edwin Reeves

E2024-01052-CCA-R3-CD

The Defendant, Edwin Reeves, was convicted by a Knox County Criminal Court jury of
criminally negligent homicide and possession with the intent to sell or to deliver a schedule
II controlled substance in a drug-free zone. He later pleaded guilty to a second count of
possession with the intent to sell or to deliver a schedule II controlled substance in a drugfree
zone. The trial court imposed an effective nine-year sentence. The Defendant filed a
motion to correct an illegal sentence pursuant to Tennessee Rule of Criminal Procedure
36.1, which the trial court summarily dismissed for the failure to state a colorable claim.
On appeal, the Defendant contends that the trial court erred in denying relief. We affirm
the judgment of the trial court.

Authoring Judge: Judge Robert H. Montgomery, Jr.
Originating Judge:Judge Steven Wayne Sword
Knox County Court of Criminal Appeals 02/04/25
State of Tennessee v. David Kaiser

E2024-00606-CCA-R3-CD

The Defendant, David Kaiser, appeals from his guilty pleaded convictions for two counts
of theft of property valued at $10,000 or more but less than $60,000, a Class C felony;
burglary, a Class D felony; theft of property valued at $2,500 or more but less than $10,000,
a Class D felony; and misdemeanor drug possession, a Class A misdemeanor. See T.C.A.
§§ 39-14-103 (2018) (theft of property); 39-14-105 (2018) (grading of theft); 39-13-1002
(Supp. 2021) (burglary); 39-17-418 (2018) (misdemeanor drug possession). The
Defendant agreed to an effective ten-year sentence as a Range II offender, with the manner
of service to be determined by the trial court. On appeal, the Defendant contends that the
court erred by denying his request for alternative sentencing. We affirm the judgments of
the trial court.

Authoring Judge: Judge Robert H. Montgomery, Jr.
Originating Judge:Judge Steven Wayne Sword
Knox County Court of Criminal Appeals 02/04/25
Thompson School Road Neighborhood Association Et Al. v. Knox County, Tennessee, Et Al.

E2024-00310-COA-R3-CV

This appeal arises from a declaratory judgment action regarding a decision of the Knox County Commission to amend zoning for the subject property. The trial court affirmed the rezoning. Finding no error, we affirm the ruling of the trial court.

Authoring Judge: Judge John McClarty
Originating Judge:Judge William T. Ailor
Knox County Court of Appeals 02/04/25
Torsaunt Lamont Shanklin v. State of Tennessee

M2024-00604-CCA-R3-PC

After being convicted by a jury of multiple drug charges, possession of a firearm during the commission of or attempt to commit a dangerous felony, and three alternative counts of possession of a firearm by a convicted felon, Torsaunt Lamont Shanklin, Petitioner, was sentenced to an effective sentence of thirty-five years in incarceration.  His direct appeal challenging the denial of a motion to suppress was unsuccessful.  State v. Shanklin, No. M2019-01896-CCA-R3-CD, 2021 WL 1082043, at *1 (Tenn. Crim. App. Mar. 22, 2021), perm. app. denied (Tenn. May 12, 2021).  Petitioner sought post-conviction relief primarily based on ineffective assistance of counsel. After a hearing, the post-conviction court denied relief.  We affirm the judgment of the post-conviction court.

Authoring Judge: Judge Timothy L. Easter
Originating Judge:Judge William R. Goodman, III
Montgomery County Court of Criminal Appeals 02/04/25
State of Tennessee v. Tony Stafford

W2024-00637-CCA-R3-CD

Defendant, Tony Stafford, was convicted by a Shelby County jury of aggravated rape. The trial court sentenced Defendant as a Range I offender to twenty-five years. On appeal, Defendant claims that the State’s pre-indictment delay constituted a due process violation and that the evidence was insufficient to support his conviction. Defendant filed a motion requesting waiver of his untimely notice of appeal; however, he failed to file a timely motion for new trial before the trial court. We elect to waive the untimely notice of appeal in the interest of justice. However, because Defendant’s motion for new trial was not timely filed, we address only Defendant’s challenge to the sufficiency of the evidence. Upon review of the record, legal authority, and the parties’ briefs, we affirm the judgment of the trial court.

Authoring Judge: Judge Jill Bartee Ayers
Originating Judge:Judge Jennifer Fitzgerald
Shelby County Court of Criminal Appeals 02/04/25
State of Tennessee v. Michael Richard Penley

E2024-00793-CCA-R3-CD

The Defendant, Michael Richard Penley, appeals from the Hamilton County Criminal
Court’s probation revocation of the effective six-year sentence he received for his guiltypleaded
convictions for misdemeanor theft, two counts of evading arrest, reckless
endangerment, driving while in possession of methamphetamine, attempted possession
with the intent to sell methamphetamine, and reckless aggravated assault. On appeal, the
Defendant contends that the trial court abused its discretion by revoking his probation and
ordering him to serve the remainder of his sentence in confinement. We affirm the
judgment of the trial court.

Authoring Judge: Judge Robert H. Montgomery, Jr.
Originating Judge:Judge Amanda B. Dunn
Hamilton County Court of Criminal Appeals 02/04/25
State of Tennessee v. Grover Beverly

E2024-00484-CCA-R3-CD

The Defendant, Grover Beverly, was convicted by a Sevier County jury of two counts of rape of a child, for which he received an effective sentence of eighty years' incarceration. On appeal, the Defendant challenges the sufficiency of the convicting evidence. Following our review of the record, we affirm the judgments of the trial court. 

Authoring Judge: Special Judge D. Kelly Thomas, Jr.
Originating Judge:Judge James L. Gass
Court of Criminal Appeals 02/03/25
Katherine Poling Robeson v. Travis Wilson Robeson

M2023-01449-COA-R3-CV

In this divorce action the husband appeals the classification of two substantial assets as marital property, each of which he contends are separate property because they were gifted to him by his father. The husband also challenges the trial court’s determination of his income for purposes of child support and alimony. On different grounds, the wife challenges the trial court’s determination of the husband’s income for child support purposes. The wife also appeals the trial court’s denial of her request for attorney’s fees as alimony in solido based upon its finding that her fees had been paid out of marital assets pursuant to Tennessee Code Annotated § 36-4-121 and that an award of alimony in solido would constitute “double dipping.” She further seeks an award of her attorney’s fees on appeal. We affirm the trial court’s determination of the husband’s income for purposes of child support and alimony. Moreover, we affirm the classification of the 7.6-acre parcel with the cabin as marital property but reverse the classification of the husband’s partnership interest in Berry’s Chapel Ventures, LLC, as marital property and remand with instructions to classify it as Husband’s separate property. We further find that the appreciation in the value of the husband’s interest during the marriage is his separate property. Resultingly, on remand, the trial court is to reconsider the equitable division of the marital estate and enter judgment accordingly. Because of significant changes in the marital estate, we vacate the award of alimony in futuro and remand with instructions to reconsider this award upon settling the marital estate and to enter judgment accordingly. We affirm the trial court’s denial of Wife’s request for attorney’s fees as alimony in solido, albeit on different grounds. Each party shall be responsible for their attorney’s fees and expenses incurred on appeal. 

Authoring Judge: Presiding Judge Frank G. Clement, Jr.
Originating Judge:Chancellor Michael Binkley
Williamson County Court of Appeals 02/03/25