APPELLATE COURT OPINIONS

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Kathy Tino v. Barry Walker et al.

M2021-01230-COA-R3-CV

In this premises liability case, the plaintiff appeals the trial court’s order granting the defendants’ motion for summary judgment and dismissing the plaintiff’s complaint with prejudice.  The plaintiff contends that the trial court erred by determining that the divot in the brick step that caused her to trip and fall amounted to a minor aberration and that, as a result, the defendants did not owe her a duty of care.  Discerning no reversible error, we affirm.

Authoring Judge: Judge Thomas R. Frierson, II
Originating Judge:Judge Joseph P. Binkley, Jr.
Davidson County Court of Appeals 07/18/22
Jesse Clay King v. Brittany Bourgeois Jones

M2020-01252-COA-R3-CV

Unwed parents filed competing petitions to modify a permanent parenting plan.  The parents agreed that there had been a material change in circumstances warranting a modification.  But they disagreed over the parenting schedule and who should be the primary residential parent.  After a hearing, the trial court changed the primary residential parent and, based on proof of domestic abuse, limited the mother’s parenting time.  We conclude that neither decision was an abuse of discretion.  So we affirm.

Authoring Judge: Judge W. Neal McBrayer
Originating Judge:Judge Stella L. Hargrove
Maury County Court of Appeals 07/18/22
State of Tennessee v. Jamie L. Tice

M2021-00495-CCA-R3-CD

A Sumner County jury convicted the Defendant, Jamie L. Tice, of two counts of statutory rape by an authority figure and three counts of aggravated statutory rape, for which the trial court imposed an effective sentence of twenty-four years with release eligibility after service of thirty percent of the sentence in confinement.  On appeal, the Defendant argues (1) the evidence is insufficient to sustain her two convictions for statutory rape by an authority figure; (2) the State committed a Brady violation by failing to disclose payments made to a testifying witness and her husband; (3) the trial court erred in failing to provide a modified unanimity instruction in Count 4, and the evidence is insufficient to sustain her conviction for aggravated statutory rape in that count; (4) the trial court committed plain error in improperly admitting hearsay statements of the Defendant’s husband, as well as the argument thereof, which violated the Defendant’s right to due process and confrontation; (5) the trial court erroneously deprived her of the right of cross-examination on certain topics; (6) the trial court imposed an excessive sentence; and (7) cumulative error deprived her of a fair trial.  After review, we affirm the trial court’s judgments.  

Authoring Judge: Judge Camille R. McMullen
Originating Judge:Judge Dee David Gay
Sumner County Court of Criminal Appeals 07/18/22
State of Tennessee v. Jamee White-McCray

E2020-01735-CCA-R3-CD

The Defendant, Jamee White-McCray, was convicted in the Sullivan County Criminal Court of facilitation of attempted first degree premeditated murder and facilitation of employing a firearm during the commission of a dangerous felony and received an effective ten-year sentence to be served in confinement. On appeal, the Defendant contends that the trial court erred by not imposing a sentence of split confinement. After review, we affirm the judgments of the trial court.

Authoring Judge: Judge John W. Campbell, Sr.
Originating Judge:Judge William K. Rogers
Sullivan County Court of Criminal Appeals 07/18/22
The Villages of Cool Springs Homeowners Association, Inc. v. William Goetz

W2021-00556-COA-R3-CV

In this dispute between Appellant, homeowner, and Appellee, homeowners’ association, the trial court granted Appellee’s motion for summary judgment. Appellant’s property is bound by a declaration of covenants, conditions, and restrictions. Appellant painted his home’s trim without first seeking approval from the homeowners’ association in violation of the declaration. Appellant failed to meet his burden of proof to show a dispute of material fact regarding his affirmative defenses. As such, the trial court did not err in granting the Appellee’s motion for summary judgment, nor in awarding attorney’s fees to Appellee under the declaration. Affirmed and remanded.

Authoring Judge: Judge Kenny Armstrong
Originating Judge:Judge Gina C. Higgins
Shelby County Court of Appeals 07/18/22
State of Tennessee v. Henry Dwayne Autrey

M2021-01046-CCA-R3-CD

Following a traffic stop of his vehicle that yielded five packages of methamphetamine hidden inside the spare tire, the Defendant, Henry Dwayne Autrey, was indicted by the Putnam County Grand Jury for possession of more than 300 grams of methamphetamine with the intent to sell and with the intent to deliver. He filed a motion to suppress, arguing that the search of the spare tire was unconstitutional because it was conducted after the initial search of the vehicle had been completed and without sufficient probable cause. The trial court granted his motion to suppress and subsequently dismissed the indictment upon the request of the State. The State now appeals, arguing that the officers had probable cause for the search of the spare tire and did not unreasonably detain the Defendant to complete the search. We agree with the State. Accordingly, we reverse the order of the trial court granting the motion to suppress and remand for reinstatement of the indictment.

Authoring Judge: Judge John W. Campbell
Originating Judge:Judge Wesley Thomas Bray
Putnam County Court of Criminal Appeals 07/18/22
Donte Green v. State of Tennessee

W2021-00442-CCA-R3-PC

The Petitioner, Donte Green, appeals the denial of his petition for post-conviction relief from his convictions relating to the possession of drugs and drug paraphernalia resulting from law enforcement’s seizure of illegal substances from the Petitioner’s motel room pursuant to a search warrant. He claims that appellate counsel was ineffective due to her failure to challenge the validity of the search warrant on direct appeal. See State v. Donte Lavon Green, No. W2018-00092-CCA-R3-CD, 2019 WL 1595684 (Tenn. Crim. App. Apr. 15, 2019), perm. app. denied (Tenn. Aug. 16, 2019). He also claims that his convictions are voidable due to the abridgement of his Fourth Amendment rights and article I, section 7 of the Tennessee Constitution because the search conducted by law enforcement was illegal and that the evidence seized should have been suppressed as a result. After review, we affirm the judgment of the post-conviction court.

Authoring Judge: Presiding Judge John Everett Williams
Originating Judge:Judge Donald H. Allen
Madison County Court of Criminal Appeals 07/15/22
Trendell Brady v. State of Tennessee

E2021-00917-CCA-R3-PC

The Petitioner, Trendell Brady, appeals the Knox County Criminal Court’s denial of his post-conviction petition, seeking relief from his convictions for two counts of rape of a child and resulting effective fifty-year sentence. On appeal, the Petitioner contends that he received the ineffective assistance of counsel because trial counsel should have expressly advised him not to testify at trial. After review, we affirm the judgment of the postconviction court.

Authoring Judge: Judge John W. Campbell, Sr.
Originating Judge:Judge Steven Wayne Sword
Knox County Court of Criminal Appeals 07/15/22
In Re Kylie H. ET AL.

W2021-00612-COA-R3-PT

This is a termination of parental rights case. The Tennessee Department of Children’s Services filed a petition to terminate the parental rights of a mother as to two of her minor children on various grounds. The trial court ultimately concluded that grounds existed for termination and that termination was in the best interests of the children. The mother now appeals. We affirm.

Authoring Judge: Judge Arnold B. Goldin
Originating Judge:Judge Jason L. Hudson
Dyer County Court of Appeals 07/15/22
Randall Ward v. State of Tennessee

W2021-01224-CCA-R3-PC

The petitioner, Randall Ward, appeals the denial of his petition for post-conviction relief, which petition challenged his 2018 Madison County Circuit Court jury convictions of possession with the intent to sell and deliver cocaine and possession of drug paraphernalia, alleging that he was deprived of the effective assistance of counsel. Discerning no error, we affirm the denial of post-conviction relief.

Authoring Judge: Judge James Curwood Witt, Jr.
Originating Judge:Judge Donald H. Allen
Madison County Court of Criminal Appeals 07/14/22
George Ellis Clark v. State of Tennessee

W2021-01391-CCA-R3-PC

George Ellis Clark, Petitioner, sought post-conviction relief on the basis that the trial court lacked jurisdiction to impose a sentence because of a violation of the Interstate Agreement on Detainers (“IAD”). The post-conviction court dismissed the petition on the basis that the IAD provided a statutory right, not a constitutional right and, therefore, not a proper basis for post-conviction relief. Petitioner appealed. Because Petitioner has failed to present an adequate record for this Court’s review, we dismiss the appeal.

Authoring Judge: Judge Timothy L. Easter
Originating Judge:Judge Roy B. Morgan, Jr.
Madison County Court of Criminal Appeals 07/14/22
Darryl Claxton v. State of Tennessee

W2021-01240-CCA-R3-PC

The petitioner, Darryl Claxton, appeals the denial of his petition for post-conviction relief, which petition challenged his 2015 Shelby County Criminal Court Jury conviction of first degree murder, arguing that he was deprived of the effective assistance of counsel at trial. Discerning no error, we affirm.

Authoring Judge: Judge James Curwood Witt, Jr.
Originating Judge:Judge Chris Craft
Shelby County Court of Criminal Appeals 07/14/22
Akeem Goodman v. State of Tennessee

E2021-00914-CCA-R3-PC

The Petitioner, Akeem Goodman, appeals the Knox County Criminal Court’s denial of his post-conviction petition, seeking relief from his convictions of attempted first degree murder and especially aggravated robbery and resulting effective forty-four-year sentence. On appeal, the Petitioner contends that he received the ineffective assistance of counsel because trial counsel failed to prepare for trial adequately, failed to advise him about his case, failed to interview multiple witnesses, and failed to call a witness to testify at trial. After review, we affirm the judgment of the post-conviction court.

Authoring Judge: Judge John W. Campbell, Sr.
Originating Judge:Judge Kyle A. Hixson
Knox County Court of Criminal Appeals 07/14/22
Stevonski Buntyn v. Jeanette Buntyn

W2021-00909-COA-R3-CV

Husband appeals the trial court’s denial of his petition to hold Wife in contempt. Because Husband’s brief is not compliant with Rule 27 of the Tennessee Rules of Appellate Procedure, we dismiss this appeal.

Authoring Judge: Presiding Judge J. Steven Stafford
Originating Judge:Chancellor James F. Butler
Madison County Court of Appeals 07/14/22
Cortez Bennett v. Kevin Genovese, Warden

W2021-01507-CCA-R3-HC

The petitioner, Cortez Bennett, appeals the summary denial of his petition for writ of habeas corpus, which petition challenged his Lake County Circuit Court Jury convictions of first degree murder, attempted first degree murder, and especially aggravated robbery, arguing that he is entitled to habeas corpus relief on grounds that the sentence imposed for his conviction of first degree murder was imposed in direct contravention of a statute, that the count alleging attempted first degree murder was void, and that his convictions of especially aggravated robbery violate double jeopardy principles. Discerning no error, we affirm.

Authoring Judge: Judge James Curwood Witt, Jr.
Originating Judge:Judge Mark L. Hayes
Lake County Court of Criminal Appeals 07/14/22
Rickey R. Jordan v. State of Tennessee

W2021-00441-CCA-R3-PC

The petitioner, Rickey R. Jordan, appeals the denial of his petition for post-conviction relief, which petition challenged his 2020 Shelby County Criminal Court guilty-pleaded convictions of aggravated robbery and aggravated assault, arguing that he was deprived of the effective assistance of counsel. Discerning no error, we affirm.

Authoring Judge: Judge James Curwood Witt, Jr.
Originating Judge:Judge J. Robert Carter, Jr.
Shelby County Court of Criminal Appeals 07/14/22
Donald J. Vaughn v. State of Tennessee

M2021-01180-CCA-R3-PC

The petitioner, Donald J. Vaughn, appeals the denial of his petition for post-conviction relief, which petition challenged his
guilty-pleaded convictions of aggravated rape, alleging that his guilty pleas were invalid because he was deprived of the effective assistance of counsel. Because the issue was previously determined, we affirm the denial of post-conviction relief.

Authoring Judge: Judge James Curwood Witt Jr.
Originating Judge:Judge Mark J. Fishburn
Davidson County Court of Criminal Appeals 07/14/22
State of Tennessee v. Roy Thomas Rogers, Jr.

W2021-00807-CCA-R3-CD

A Gibson County jury convicted the Defendant, Roy Thomas Rogers, Jr., of initiating the manufacture of methamphetamine, promoting the manufacture of methamphetamine, possession of drug paraphernalia, and criminal impersonation. The trial court sentenced the Defendant to an effective sentence of twelve years. On appeal, the Defendant argues that: (1) the trial court improperly admitted evidence, (2) the evidence was insufficient to support his convictions, and (3) the trial court improperly sentenced him. After review, we affirm the trial court’s judgments.

Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Judge Clayburn L. Peeples
Gibson County Court of Criminal Appeals 07/14/22
Marcus Levy v. State of Tennessee

W2021-00891-CCA-R3-PC

The petitioner, Marcus Levy, appeals the denial of his petition for post-conviction relief, which petition challenged his conviction of first degree murder, alleging that he was deprived of the effective assistance of counsel. Discerning no error, we affirm the denial of post-conviction relief.

Authoring Judge: Judge James Curwood Witt, Jr.
Originating Judge:Judge Paula L. Skahan
Shelby County Court of Criminal Appeals 07/14/22
State of Tennessee v. Corey Young

W2020-01173-CCA-R3-CD

A jury convicted the Defendant, Corey Young, of possession of three hundred grams or more of methamphetamine with the intent to sell in a school zone, a Class A felony; possession of three hundred grams or more of methamphetamine with the intent to deliver in a school zone, a Class A felony; two counts of possession of a firearm with the intent to go armed during the commission of or attempt to commit a dangerous felony, a Class D felony; and two counts of possession of a firearm after having been convicted of a felony drug offense, a Class C felony. He received an effective sentence of forty-one years. On appeal, the Defendant challenges the sufficiency of the evidence and asserts that his right to confront witnesses was violated. After a thorough review of the record, we affirm the Defendant’s convictions and remand for correction of the judgment forms.

Authoring Judge: Presiding Judge John Everett Williams
Originating Judge:Judge W. Mark Ward
Shelby County Court of Criminal Appeals 07/14/22
State of Tennessee v. Ida Veronica Thomas

M2021-00817-CCA-R3-CD

The Defendant, Ida Veronica Thomas, pleaded guilty to theft of property valued at $60,000 or more, but less than $250,000 and, pursuant to a plea agreement, the trial court ordered the Defendant to serve twelve years on community corrections.  At a subsequent restitution hearing, the trial court imposed a restitution amount of $151,385, to be paid at a rate of $75 per month.  The Defendant appealed, and this court affirmed the case in part, but remanded the case for the trial court to order a presentence report and determine the restitution amount, distinct from the pecuniary loss, by considering the Defendant’s financial resources and ability to pay.  State v. Ida Veronica Thomas, No. M2019-02137-CCA-R3-CD, 2021 WL 286736, at *1 (Tenn. Crim. App., at Nashville, Jan. 28, 2021).  On remand, the trial court ordered a restitution amount of $92,225 to be paid monthly according to a graduated payment schedule.  The Defendant now appeals from the trial court’s order of restitution.  Finding no error, we affirm the judgment of the trial court.

Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Judge Angelita Blackshear Dalton
Davidson County Court of Criminal Appeals 07/13/22
Todd Andreacchio et al. v. Joseph Hamilton et al.

M2021-01021-COA-R3-CV

This appeal involves a claim of intentional or, alternatively, negligent infliction of emotional distress.  Christian Andreacchio, son of Todd and Rae Andreacchio (“Plaintiffs”), died in Meridian, Mississippi.  The Meridian Police Department ruled Christian Andreacchio’s death a suicide.  Plaintiffs contend that, contrary to the official conclusion, their son was murdered.  Joseph (aka Joel) Hamilton (“Defendant”) created a Facebook page to express his own opinions on the matter.  Defendant has argued publicly in favor of the Meridian Police Department’s conclusion.  Plaintiffs sued Defendant and John Does 1-100 in the Circuit Court for Dickson County (“the Trial Court”) for distributing Christian Andreacchio’s autopsy photographs online.  The photographs were public records released by the Mississippi Attorney General’s Office.  Defendant filed a motion for summary judgment, which the Trial Court granted.  Plaintiffs appeal.  Plaintiffs argue that Defendant exceeded the bounds of constitutionally protected speech by distributing their son’s autopsy photographs online.  The undisputed material facts show that the information Defendant is alleged to have shared is truthful information, public records, concerning a matter of public significance.  We hold, as a matter of law, that Plaintiffs cannot prevail on their claims.  We affirm. 

Authoring Judge: Chief Judge, D. Michael Swiney
Originating Judge:Judge Larry J. Wallace
Dickson County Court of Appeals 07/13/22
Alina F. Sherlin v. State of Tennessee

E2021-00770-CCA-R3-PC

Alina F. Sherlin, Petitioner, was indicted for first degree murder in 2013. After a jury trial, Petitioner was convicted of second degree murder and sentenced to 15 years in incarceration. Her conviction and sentence were affirmed by this Court on appeal. State v. Alina Frankie Sherlin, No E2017-01225-CCA-R3-CD, 2018 WL 3561728, at *1 (Tenn. Crim. App. July 24, 2018), perm. app. denied (Tenn. Dec. 7, 2018). Petitioner sought postconviction relief on the basis of ineffective assistance of counsel and also challenged the search and seizure of her property. After a hearing, the post-conviction court denied relief. Petitioner appealed to this Court. After a review, we affirm the denial of post-conviction relief.

Authoring Judge: Judge Timothy L. Easter
Originating Judge:Judge Andrew M. Freiberg
Bradley County Court of Criminal Appeals 07/13/22
State of Tennessee v. Willie Hooper, Sr.

W2021-01069-CCA-R3-CD

Willie Hooper, Sr., Defendant, was convicted of one count of rape of a child and one count of aggravated sexual battery after a jury trial. He was sentenced to an effective sentence of twenty-five years at 100% for the convictions. After the denial of a motion for new trial, Defendant appeals, challenging the sufficiency of the evidence to support his convictions. After a review, we affirm the judgments of the trial court.

Authoring Judge: Judge Timothy L. Easter
Originating Judge:Judge Glenn Ivy Wright
Shelby County Court of Criminal Appeals 07/13/22
John A. Purcell v. State of Tennessee

E2021-00996-CCA-R3-PC

Petitioner, John A. Purcell, appeals the dismissal of his post-conviction petition for being untimely filed. On appeal, he asserts that he received ineffective assistance of trial counsel before entering his guilty plea and that the post-conviction court erred by not conducting a complete evidentiary hearing before dismissing his petition as untimely. Having reviewed the record and the parties’ briefs, we affirm the judgment of the post-conviction court.

Authoring Judge: Judge Jill Bartee Ayers
Originating Judge:Judge Stacy L. Street
Washington County Court of Criminal Appeals 07/13/22