Christopher Earl Watts v. State of Tennessee
M2016-00303-CCA-R3-PC
The petitioner, Christopher Earl Watts, appeals the denial of post-conviction relief from his convictions for aggravated child abuse and aggravated child neglect, for which he received an effective sentence of seventy-five years. On appeal, the petitioner argues trial counsel provided ineffective counsel by failing to fully explain the nature and consequences of waiving his right to testify, failing to call certain witnesses, and failing to file a motion in limine to exclude evidence regarding living in the “projects” and “on the streets.” Due to the cumulative effect of this allegedly ineffective representation, the petitioner requests a new trial. Following our review, we affirm the judgment of the trial court.
Authoring Judge: Judge J. Ross Dyer
Originating Judge:Judge Cheryl A. Blackburn |
Davidson County | Court of Criminal Appeals | 01/27/17 | |
State of Tennessee v. Robin Bass
W2015-02484-CCA-R3-CD
The Defendant, Robin Bass, was convicted of first degree murder in the perpetration of or attempt to perpetrate a robbery. See Tenn. Code Ann. § 39-13-202(a)(2). In this appeal as of right, the Defendant contends that the evidence was insufficient to sustain his conviction, arguing that there was no proof that he intended to rob the victim or that the murder occurred during the perpetration of or attempt to perpetrate a robbery. Additionally, the Defendant argues that the extrajudicial confessions used to convict him were uncorroborated. Following our review, the judgment is affirmed.
Authoring Judge: Judge D. Kelly Thomas, Jr.
Originating Judge:Judge W. Mark Ward |
Shelby County | Court of Criminal Appeals | 01/27/17 | |
Luis Napoleon Paz v. State of Tennessee
M2016-00069-CCA-R3-PC
The petitioner, Luis Napoleon Paz, appeals the denial of his petition for post-conviction relief, arguing the post-conviction court erred in finding he received effective assistance of counsel. Following our review, we affirm the denial of the petition.
Authoring Judge: Judge J. Ross Dyer
Originating Judge:Judge Cheryl A. Blackburn |
Davidson County | Court of Criminal Appeals | 01/27/17 | |
In Re Property of Twyla Miles
W2016-00132-COA-R3-CV
This appeal involves an in rem forfeiture proceeding which was initiated after the appellant’s property was seized as proceeds of illegal drug sales. The appellant did not file a claim in the forfeiture proceedings. On appeal, she asserts that she was denied due process because she did not receive notice of the forfeiture proceedings. The record does not support the appellant’s assertion that she was not afforded adequate notice. We, therefore, affirm the decision of the trial court forfeiting the appellant’s interest in the seized property.
Authoring Judge: Judge Andy D. Bennett
Originating Judge:Judge J. Robert Carter, Jr. |
Shelby County | Court of Appeals | 01/27/17 | |
State of Tennessee v. Teddy Reece Ragan
M2015-02316-CCA-R3-CD
A Davidson County jury convicted the Defendant, Teddy Reece Ragan, of sexual exploitation of a minor, and the trial court sentenced him to a ten-year sentence to be served at 100% in the Tennessee Department of Correction. On appeal, the Defendant contends that the evidence is insufficient to support his conviction, that the trial court improperly admitted the Defendant’s prior conviction for violation of the sex offender registry, and that the trial court erred by failing to charge the jury with attempted sexual exploitation of a minor. After a thorough review of the record and the applicable law, we affirm the trial court’s judgment.
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Judge Monte D. Watkins |
Davidson County | Court of Criminal Appeals | 01/27/17 | |
Shirley M. Lurks, et al. v. The City of Newbern, Tennessee, et al.
W2016-01532-COA-R3-CV
This is a premises liability case filed pursuant to the Tennessee Governmental Tort Liability Act. Appellant was walking down a sidewalk when she fell and sustained injuries. She and her husband brought suit alleging that she fell because the sidewalk was in a dangerous and defective condition due to the negligence of the City of Newbern. After a bench trial, the trial court found that the sidewalk in question was in a defective condition and that the upkeep of the sidewalk was the responsibility of the City of Newbern. However, the plaintiffs failed to provide any evidence that the sidewalk was the cause of the fall. The trial court issued a memorandum opinion and final judgment order dismissing the plaintiffs’ claims. We affirm.
Authoring Judge: Judge Brandon O. Gibson
Originating Judge:Judge R. Lee Moore, Jr. |
Dyer County | Court of Appeals | 01/26/17 | |
State of Tennessee v. Lisa Estelle Elliott
E2015-02263-CCA-R3-CD
A Campbell County Grand Jury indicted the defendant, Lisa Estelle Elliott, on one count of second degree murder as the result of the shooting and death of her fiancé. Following trial, a jury convicted the defendant of the lesser-included offense of voluntary manslaughter, for which she received a four-year sentence to be served in confinement. On appeal, the defendant argues the trial court erred when denying her motion for mistrial due to a prejudicial narrative objection made by the State. The defendant further contends that due to her lack of a criminal history, strong educational background, and continuous work history, the trial court erred in denying her request for an alternative sentence. Based on our review of the record, submissions of the parties, and pertinent authorities, we disagree and affirm the judgment of the trial court.
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Judge E. Shayne Sexton |
Campbell County | Court of Criminal Appeals | 01/26/17 | |
Tony Gray v. Vision Hospitality Group, Inc., et al
M2016-00116-SC-R3-WC
Tony Gray (“Employee”) sustained a back injury on August 6, 2013 while working as a chief engineer at the Hyatt Place Hotel Airport in Nashville, Tennessee (“Employer”). Employee’s injury occurred while lifting and moving thirty rolls of carpet padding. After notifying Employer of his back injury, Employee was referred to Concentra Medical Clinic, where he was subsequently diagnosed with a back sprain and prescribed physical therapy. Employee experienced a slight improvement in his condition and was released in September 2013 to full-time work for a trial period in a light duty capacity. Upon his return to Employer, Employee was terminated for several issues relating to his job performance. Employee’s symptoms worsened, and he eventually required lower back surgery. He did not return to work for any employer thereafter. Based on Employee’s physical injuries, the trial court determined that Employee was permanently and totally disabled. Employer appealed, arguing that the trial court erred in its determination of permanent and total disability. Pursuant to Tennessee Supreme Court Rule 51, the appeal was referred to the Special Workers’ Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law. Upon our review of the record and the applicable law, we affirm the judgment of the trial court.
Authoring Judge: Chief Justice Jeffrey S. Bivins
Originating Judge:Chancellor Claudia Bonnyman |
Davidson County | Workers Compensation Panel | 01/26/17 | |
Stephanie N. Potts v. Tony Conatser
M2015-02351-COA-R3-JV
Father appeals the modification of a parenting plan, which changed the designation of primary residential parent to Mother and decreased Father’s parenting time. We vacate the judgment and remand the case for entry of factual findings in accordance with Tenn. R. Civ. P. 52.01.
Authoring Judge: Judge Richard H. Dinkins
Originating Judge:Judge Tim Barnes |
Montgomery County | Court of Appeals | 01/26/17 | |
Timothy Parker, et al v. James Mark Parker, et al
M2016-00528-COA-R3-CV
This appeal arises from a will contest. The witnesses to the will failed to sign the body of the will, but they signed the self-proving affidavit in the presence of the testator. After the will was admitted to probate in common form, the contestants filed a complaint challenging the validity of the will. The contestants later filed a motion for summary judgment, arguing that the decedent did not comply with the execution requirements of Tenn. Code Ann. § 32-1-104, because the witnesses did not sign the body of the will. The trial court granted the motion based on In re Estate of Bill Morris, No. M2014-00874-COA-R3-CV, 2015 WL 557970 (Tenn. Ct. App. Feb. 9, 2015), holding that a will is not validly executed if the witnesses sign only the self-proving affidavit. The executor appealed. While this appeal was pending, the General Assembly passed an amendment to Tenn. Code Ann. § 32-1-104, which states that wills executed prior to July 1, 2006, satisfy Tennessee’s due execution requirements if the witnesses to the will signed the self-proving affidavit. In this appeal, both parties ask this Court to determine whether the newly enacted amendment applies and, if so, whether it comports with Tennessee’s constitutional prohibition against retrospective laws. But for a few exceptions, we will not consider issues the parties did not present to the trial court. Because the General Assembly enacted this amendment while this appeal was pending, the trial court has not had the opportunity to consider these issues. In order to afford the trial court that opportunity, we vacate the judgment declaring the will invalid. Further, we remand to the trial court with instructions to reinstate the petition to admit the will to probate and to reinstate the amended complaint challenging the will, which will give the parties the opportunity to present these issues to the trial court.
Authoring Judge: Presiding Judge Frank G. Clement, Jr.
Originating Judge:Chancellor J. B. Cox |
Bedford County | Court of Appeals | 01/26/17 | |
Clear Water Partners, LLC v. Charles e. Benson, et al.
E2016-00442-COA-R3-CV
A purchaser of property filed a complaint against numerous individuals asserting intentional interference with its business relationships and tortious interference with its contracts based on the individuals' alleged misconduct aimed at preventing the development of the property the purchaser was attempting to acquire. The defendants filed motions to dismiss based on Tennessee Rules of Procedure 10.03 and 12.02(6), which the trial court granted. The trial court also awarded the defendants their attorneys' fees pursuant to Tenn. Code Ann. § 4-21-1003(c). The plaintiff appealed, and we find the plaintiff properly stated a claim for tortious interference with business relationships and civil conspiracy; the plaintiff did not state a claim for tortious interference with contracts; and the defendants are not entitled to an award of their attorneys' fees at this stage of the proceedings.
Authoring Judge: Judge Andy D. Bennett
Originating Judge:Judge Clarence E. Pridemore, Jr. |
Knox County | Court of Appeals | 01/26/17 | |
State of Tennessee v. Steven Jeffrey Pike
E2015-02357-CCA-R3-CD
The Defendant, Steven Jeffrey Pike, was convicted by a Knox County Criminal Court jury of first degree premeditated murder. See T.C.A. § 39-13-202(a)(1) (2014). He received a life sentence. On appeal, he contends that (1) the evidence is insufficient to support his conviction and (2) the trial court erred by admitting his statements to the police. We affirm the judgment of the trial court.
Authoring Judge: Judge Robert H. Montgomery, Jr.
Originating Judge:Judge Bob R. McGee |
Knox County | Court of Criminal Appeals | 01/25/17 | |
State of Tennessee v. Tedrik Woods
W2016-01360-CCA-R3-CD
The Petitioner, Tedrik Woods, appeals the Shelby County Criminal Court’s summary denial of his motion to correct an illegal sentence pursuant to Tennessee Rule of Criminal Procedure 36.1. Because the Petitioner’s three-year sentence for employment of a firearm during the commission of a dangerous felony is illegal, we reverse the judgment of the trial court and remand the case to the trial court for proceedings consistent with Rule 36.1 and this opinion.
Authoring Judge: Judge Camille R. McMullen
Originating Judge:Judge W. Mark Ward |
Shelby County | Court of Criminal Appeals | 01/25/17 | |
Bruce D. Mendenhall v. State of Tennessee
M2015-02091-CCA-R3-PC
The petitioner, Bruce D. Mendenhall, was convicted in 2007 of first degree premeditated murder and sentenced to life imprisonment. His conviction was affirmed on direct appeal, and his application for permission to appeal was denied. Subsequently, he filed a petition for habeas corpus relief, which the court treated as a petition for post-conviction relief, alleging that trial counsel had been ineffective. Following an evidentiary hearing, the post-conviction court concluded that the petitioner’s claims were without merit. The record on appeal supports this determination. Accordingly, the order of the post-conviction court denying relief is affirmed.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Judge Steve R. Dozier |
Davidson County | Court of Criminal Appeals | 01/25/17 | |
Janette Ebony Robinson v. State of Tennessee
M2016-00058-CCA-R3-PC
The petitioner, Janette Ebony Robinson, appeals the denial of her petition for post-conviction relief, arguing that she received ineffective assistance of counsel and that her guilty pleas were unknowing and involuntary. Following our review, we affirm the denial of the petition.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Judge Cheryl A. Blackburn |
Davidson County | Court of Criminal Appeals | 01/25/17 | |
State of Tennessee v. Christopher Hatcher
W2016-01389-CCA-R3-CD
The Defendant, Christopher Hatcher, appeals from the trial court’s denial of his motion to correct an illegal sentence pursuant to Tennessee Rule of Criminal Procedure 36.1. The State has filed a motion requesting that this court affirm the trial court’s judgment pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. Following our review, we grant the State’s motion and affirm the judgment of the trial court.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Judge Glenn Ivy Wright |
Shelby County | Court of Criminal Appeals | 01/25/17 | |
In re S.P. et al.
M2016-00708-COA-R3-PT
In this termination of parental rights case, the Department of Children’s Services filed a petition to terminate the rights of S.J.C.P. (Mother) with respect to her children, S.D.P. and C.D.P. The trial court found clear and convincing evidence of four grounds supporting termination. By the same quantum of proof, the trial court held that termination of Mother’s rights is in the best interest of the children. Mother appeals. We modify the trial court’s judgment. As modified, the judgment is affirmed.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Judge Donna Scott Davenport |
Rutherford County | Court of Appeals | 01/25/17 | |
Pinnacle Towers Acquisition, LLC, et al. v. Boris Penchion, et al.
W2016-00390-COA-R3-CV
A landowner granted a perpetual easement over a portion of her real property to a telecommunications tower company. According to the contracting parties’ agreement, the landowner agreed to have the property subject to the easement (“Easement Property”) separately assessed for real property taxes so that the tax obligations could be paid by the company. After the landowner’s real property was separately assessed as two tax parcels, the company timely paid all real property taxes due on the Easement Property, but the landowner failed to pay real property taxes on the remainder of the tract. As a result, the larger parcel was sold to the county at a tax sale and later transferred to a third-party purchaser. Said purchaser thereafter refused to allow the telecommunications company access to the Easement Property. The company filed the instant action, seeking to have its easement declared valid and requesting an injunction to prevent the third-party purchaser from interfering with the easement. The company subsequently filed a motion for summary judgment, which the trial court granted, determining that the easement was valid but declaring the third-party purchaser to be the owner of the Easement Property. The third-party purchaser timely appealed. Determining the underlying tax sale to be invalid, we vacate the trial court’s grant of summary judgment to the company and remand this matter for further proceedings.
Authoring Judge: Judge Thomas R. Frierson, II
Originating Judge:Chancellor Jim Kyle |
Shelby County | Court of Appeals | 01/25/17 | |
In Re A. B., et al.
M2016-01286-COA-R3-CV
Father and stepmother petitioned to terminate the parental rights of mother to her two children. We have determined that the petitioners proved by clear and convincing evidence that mother’s actions prior to her incarceration exhibited wanton disregard for the welfare of the children and that it is in the best interest of the children for mother’s parental rights to be terminated.
Authoring Judge: Judge Andy D. Bennett
Originating Judge:Judge Robert L. Jones |
Maury County | Court of Appeals | 01/24/17 | |
State of Tennessee v. Montez Deontay Ridley
M2016-01607-CCA-R3-CD
A Davidson County Criminal Court Jury found the Appellant, Montez Deontay Ridley, guilty of aggravated robbery, a Class B felony. The trial court imposed a sentence of nine years. On appeal, the Appellant challenges the sufficiency of the evidence sustaining his conviction. Specifically, the Appellant contends that he was not at the scene of the crime, that no forensic evidence placed him at the scene, and that it was illogical that anyone would perpetrate the crime in such close proximity to the police. The Appellant also contends that the victims were unable to identify him from a photographic lineup. Finally, the Appellant contends that his confession was the result of lies told by the police. Upon review, we affirm the judgment of the trial court.
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:Judge Cheryl A. Blackburn |
Davidson County | Court of Criminal Appeals | 01/24/17 | |
Rickey Allen Hickman v. State of Tennessee
M2016-00489-CCA-R3-PC
Marshall County jury convicted the Petitioner, Rickey Allen Hickman, of one count of rape of a child and three counts of aggravated sexual battery. The trial court sentenced the Petitioner to a total effective sentence of forty-seven years of incarceration. On appeal, this Court affirmed the Petitioner’s convictions. State v. Rickey Allan Hickman, No M2013-02390-CCA-R3-CD, 2014 WL 4557626 (Tenn. Crim. App., at Nashville, Sept. 16, 2014), perm. app. denied (Tenn. Jan. 16, 2015). The Petitioner filed a petition for post-conviction relief alleging that his trial counsel had been ineffective. The post-conviction court held a hearing after which it denied the petition. On appeal, the Petitioner maintains that his trial counsel was ineffective for failing to present a defense asserting that the victim was raped by a person other than the Petitioner. After a thorough review of the record and applicable law, we affirm the post-conviction court’s judgment.
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Judge F. Lee Russell |
Marshall County | Court of Criminal Appeals | 01/24/17 | |
State of Tennessee v. George Washington Matthews
W2015-02500-CCA-R3-CD
The defendant, George Washington Matthews, was indicted for one count of possession of over one-half ounce of marijuana with intent to sell or deliver and two counts of attempting to introduce contraband into a penal facility. After trial, a jury found the defendant guilty on all counts. The defendant received a total effective sentence of twelve years. On appeal, the defendant argues the evidence was insufficient to support his convictions; the trial court erred when it allowed testimony regarding the defendant's recent incarceration; and his indictment was defective. After review, we affirm the judgments of the trial court.
Authoring Judge: Judge J. Ross Dyer
Originating Judge:Judge R. Lee Moore, Jr. |
Lake County | Court of Criminal Appeals | 01/24/17 | |
Eric Dates v. State of Tennessee
W2015-02230-CCA-R3-PC
The Petitioner, Eric Dates, appeals the Shelby County Criminal Court's summary dismissal of his petition for post-conviction relief. The Petitioner argues, and the State concedes, that the post-conviction court erred in dismissing his petition for lack of jurisdiction because his probation had expired. Upon our review, we reverse the judgment of the post-conviction court and remand this matter for an evidentiary hearing on the merits of the petition.
Authoring Judge: Judge Camille R. McMullen
Originating Judge:Judge Lee V. Coffee |
Shelby County | Court of Criminal Appeals | 01/24/17 | |
State of Tennessee v. Andrew Curtis Beard
W2016-00223-CCA-R3-CD
A Gibson County Circuit Court Jury convicted the Appellant, Andrew Curtis Beard, of selling less than one-half gram of cocaine, a Class C felony, and he was sentenced as a Range II, multiple offender to eight years in confinement. On appeal, the Appellant contends that the evidence is insufficient to support the conviction. Based upon the record and the parties' briefs, we affirm the judgment of the trial court.
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:Judge Clayburn Peeples |
Gibson County | Court of Criminal Appeals | 01/24/17 | |
Deshawn Lamar Baker v. State of Tennessee
M2015-02152-CCA-R3-PC
Petitioner, Deshawn Lamar Baker, appeals the lower court’s order denying post-conviction relief from his convictions for aggravated robbery, conspiracy to commit aggravated robbery, and being a felon in possession of a handgun. On appeal, Petitioner argues that trial counsel provided ineffective assistance and that the State withheld exculpatory evidence, violating his right to due process under Brady v. Maryland, 373 U.S. 83 (1963). Upon our review of the record and applicable authorities, we affirm the judgment of the post-conviction court.
Authoring Judge: Judge Timothy L. Easter
Originating Judge:Judge Mark J. Fishburn |
Davidson County | Court of Criminal Appeals | 01/23/17 |