State of Tennessee v. David Wayne Eady
M2021-00388-SC-R11-CD
This appeal presents two issues. First, we consider whether the District Attorney General’s
Authoring Judge: Justice Jeffrey S. Bivins
Originating Judge:Judge Cheryl A. Blackburn |
Davidson County | Supreme Court | 02/06/24 | |
State of Tennessee v. Ahmed G. Mohd Alkhatib
M2022-01325-CCA-R3-CD
The Petitioner, Ahmed G. Mohd Alkhatib, appeals from the Davidson County Criminal Court’s dismissal of his motion to vacate his 2006 guilty-pleaded convictions for two counts of facilitation of the delivery of marijuana, for which he received an effective eleven-month, twenty-nine-day sentence. The post-conviction court treated the motion as a petition for post-conviction relief. On appeal, the Petitioner contends that the court erred by dismissing the petition after determining it was untimely. We affirm the judgment of the post-conviction court.
Authoring Judge: Judge Robert H. Montgomery
Originating Judge:Judge Monte D. Watkins |
Davidson County | Court of Criminal Appeals | 02/06/24 | |
Audrey Korshoff, et al. v. Wesley Financial Group, LLC
M2022-00630-COA-R3-CV
An employer terminated an employee after she requested unpaid commissions pursuant to
Authoring Judge: Judge Jeffrey Usman
Originating Judge:Judge Deanna B. Johnson |
Williamson County | Court of Appeals | 02/06/24 | |
Omari Davis v. State of Tennessee
M2023-00048-CCA-R3-PC
The Petitioner, Omari Davis, pled guilty to possessing heroin with intent to sell or deliver. After a sentencing hearing, the trial court sentenced the Petitioner as a Range II, multiple offender to serve a term of eighteen years. Thereafter, the Petitioner sought post-conviction relief, alleging that he was denied the effective assistance of counsel when his trial counsel failed to seek a competency evaluation. At the hearing, the Petitioner also argued that trial counsel was ineffective when he failed to seek a continuance of the sentencing hearing. The post-conviction court denied relief as to the competency evaluation but did not address the continuance issue. On our review, we respectfully affirm the judgment of the post-conviction court.
Authoring Judge: Judge Tom Greenholtz
Originating Judge:Judge Cheryl A. Blackburn |
Davidson County | Court of Criminal Appeals | 02/06/24 | |
Daemon Shaun Key v. Cailey Marjorie Gonzales
W2021-01465-COA-R3-CV
Father appeals the denial of his petition in opposition to a proposed relocation by Mother
Authoring Judge: Presiding Judge J. Steven Stafford
Originating Judge:Chancellor James F. Butler |
Madison County | Court of Appeals | 02/05/24 | |
State of Tennessee v. Jennifer May Mahaffey
W2022-01778-CCA-R3-CD
Defendant, Jennifer May Mahaffey, pled guilty to alternate counts of sale of
Authoring Judge: Judge Jill Bartee Ayers
Originating Judge:Judge Donald H. Allen |
Henderson County | Court of Criminal Appeals | 02/05/24 | |
State of Tennessee v. Shundarius Turner
W2022-01646-CCA-R3-CD
Defendant, Shundarius Turner, was convicted by a jury of reckless homicide, especially
Authoring Judge: Judge Jill Bartee Ayers
Originating Judge:Judge James M. Lammey |
Shelby County | Court of Criminal Appeals | 02/05/24 | |
William Heath v. State of Tennessee
W2023-00268-CCA-R3-CD
A Shelby County Jury convicted William Heath, Petitioner, of especially aggravated robbery, aggravated assault, and reckless endangerment. On direct appeal, we affirmed the judgments of the trial court, and the Tennessee Supreme Court declined discretionary review. Petitioner then petitioned for post-conviction relief alleging trial counsel was ineffective. The post-conviction court denied the petition, and we affirmed the post-conviction court’s judgment. While Petitioner’s post-conviction petition was pending, he moved for DNA analysis and post-conviction relief. The post-conviction court denied the petition, and Petitioner now appeals. After review, we affirm the judgment of the trial court.
Authoring Judge: Judge Matthew J. Wilson
Originating Judge:Judge Chris Craft |
Shelby County | Court of Criminal Appeals | 02/05/24 | |
State of Tennessee v. Bobby Marable II
W2022-01591-CCA-R3-CD
The Defendant, Bobby Marable II, was convicted by a Gibson County Circuit Court jury
Authoring Judge: Judge Robert H. Montgomery, Jr.
Originating Judge:Judge Clayburn L. Peeples |
Gibson County | Court of Criminal Appeals | 02/05/24 | |
Kenneth Merritt v. Wipro Limited
W2023-00789-COA-R3-CV
The notice of appeal in this case was not timely filed. Therefore, this Court lacks
Authoring Judge: Per Curiam
Originating Judge:Judge Mary L. Wagner |
Shelby County | Court of Appeals | 02/02/24 | |
State of Tennessee v. Kinney Louis Spears
M2023-00346-CCA-R3-CD
Defendant, Kinney Louis Spears, was indicted by the Houston County Grand Jury for the first degree murder of his wife, Mia Donnita Spears. The Houston County Circuit Court granted Defendant’s motion for a change of venue and transferred the case to the Dickson County Circuit Court. A Dickson County jury found Defendant guilty of the lesser-included offense of second degree murder, and the trial court sentenced Defendant to serve 25 years’ confinement. In this appeal as of right, Defendant asserts that the evidence is insufficient to support his conviction, that several improper comments by the prosecutor during closing argument constitute plain error, and that his sentence is excessive. Having reviewed the entire record and the briefs of the parties, we affirm the judgment of the trial court.
Authoring Judge: Judge Timothy L. Easter
Originating Judge:Judge Suzanne Lockert-Mash |
Dickson County | Court of Criminal Appeals | 02/02/24 | |
State of Tennessee v. Hubert Glenn Sexton, Jr.
E2022-00884-CCA-R3-CD
In 2000, the Scott County Grand Jury indicted the Defendant, Hubert Glenn Sexton, Jr.,
Authoring Judge: Judge Camille R. McMullen
Originating Judge:Judge William B. Acree |
Scott County | Court of Criminal Appeals | 02/02/24 | |
In Re: Avalee W., Et Al
E2023-00977-COA-R3-PT
This appeal involves the termination of a mother’s parental rights. The trial court found
Authoring Judge: Judge Carma Dennis McGee
Originating Judge:Chancellor Elizabeth C. Asbury |
Campbell County | Court of Appeals | 02/02/24 | |
State of Tennessee v. Jordan Isaiah Mosby
M2022-01070-CCA-R3-CD
In 2013, the Defendant, Jordan Isaiah Mosby, pleaded guilty to attempted second degree
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Judge Robert Bateman |
Montgomery County | Court of Criminal Appeals | 02/01/24 | |
Laurel Tree II Homeowners Association Inc. v. Dora Wilson Moore
W2021-01275-COA-R3-CV
This appeal concerns a suit brought by a homeowner’s association to enforce a property
Authoring Judge: Judge Arnold B. Goldin
Originating Judge:Judge Valerie L. Smith |
Shelby County | Court of Appeals | 02/01/24 | |
Douglas Edward Christian v. State of Tennessee
M2022-01255-CCA-R3-PC
The Petitioner, Douglas Edward Christian, appeals from the Coffee County Circuit Court’s
Authoring Judge: Judge Robert H. Montgomery, Jr.
Originating Judge:Judge Vanessa A. Jackson |
Coffee County | Court of Criminal Appeals | 02/01/24 | |
Dawn Marie Pennington v. Joel David Pennington, III
W2023-01691-COA-T10B-CV
This is an accelerated interlocutory appeal as of right pursuant to Rule 10B of the Rules of
Authoring Judge: Judge Jeffrey Usman
Originating Judge:Judge Bruce Irwin Griffey |
Henry County | Court of Appeals | 02/01/24 | |
State of Tennessee v. Steven Ray Crockett
M2023-00388-CCA-R3-CD
The defendant, Steven Ray Crockett, appeals his Rutherford County Circuit Court jury conviction of aggravated robbery. On appeal, the defendant asserts that the evidence is insufficient to support his conviction and that the trial court erred by imposing a 12-year sentence, by ordering the sentence to run consecutively to his prior felony conviction from Virginia, and by accrediting only a portion of his pretrial time served in incarceration. Because the trial court’s imposition of consecutive sentencing was superfluous and because it failed to properly accredit the defendant’s pretrial jail credits, we reverse and remand for entry of a corrected judgment on these issues. We affirm the trial court’s judgment in all other respects.
Authoring Judge: Judge James Curwood Witt, Jr.
Originating Judge:Judge Barry R. Tidwell |
Rutherford County | Court of Criminal Appeals | 01/31/24 | |
Kisha Dean Trezevant v. Stanley H. Trezevant, III
W2021-01153-COA-R3-CV
This is the second appeal concerning the trial court’s distribution of the divorcing parties’ marital property. Following a prior appeal, this matter was remanded to the trial court to, inter alia, value and equitably divide the assets and debts contained in the parties’ marital estate. The trial court appointed a special master to complete these tasks. At the beginning of the special master’s hearing, the parties entered into a stipulation agreement concerning the values of certain marital properties, including their associated debts. Upon the conclusion of the special master’s hearing, the parties stipulated to the special master’s findings. The trial court subsequently conducted an additional hearing and entered its own findings, which it relied upon to formulate an equitable division of the marital estate pursuant to Tennessee Code Annotated § 36-4-121(c). The husband has appealed the trial court’s division of the marital estate, arguing that the court’s mathematical and other errors rendered the division of the marital estate inequitable. Discerning no reversible error, we affirm the trial court’s judgment as modified herein. We decline to award attorney’s fees to the wife on appeal.
Authoring Judge: Judge Thomas R. Frierson, II
Originating Judge:Judge Mary L. Wagner |
Shelby County | Court of Appeals | 01/31/24 | |
State of Tennessee v. Danny R. Weld-Ebanks
M2022-01665-CCA-R3-CD
Defendant, Danny R. Weld-Ebanks, appeals the Davidson County Criminal Court’s revocation of judicial diversion. He argues that the trial court relied on unnoticed grounds and abused its discretion in revoking his diversion. The State concedes on both issues. We agree that the trial court abused its discretion in revoking Defendant’s diversion and therefore vacate the judgment of the trial court and remand for a new revocation hearing.
Authoring Judge: Judge Timothy L. Easter
Originating Judge:Judge Barry R. Tidwell |
Davidson County | Court of Criminal Appeals | 01/31/24 | |
Stoneybrooke Investors LLC v. Agness McCurry
E2023-01673-COA-R3-CV
Because the order from which the appellant has filed an appeal does not constitute a final appealable judgment, this Court lacks jurisdiction to consider this appeal
Authoring Judge: Judge D. Michael Swiney
Originating Judge:Judge D. Kelly Thomas |
Washington County | Court of Appeals | 01/31/24 | |
Matthew Swilley et al v. William Thomas et al
E2022-01801-COA-R3-CV
Appellants Matthew Swilley ("Swilley") and Samuel Barr ("Barr") entered into two agreements to purchase mobile home parks from William Thomas ("Thomas"). The buyers had not secured financing in order to close on the originally agreed upon closing date. The seller granted the buyers a number of extensions of the closing date; however, the buyers were ultimately unable to obtain financing in time to close by any of the dates demanded by the seller. As a result, the seller rescinded the agreements and shortly thereafter sold the properties to unrelated third parties for a higher price than provided for in the agreements with Swilley and Barr. Swilley, Barr, and their purported assignee, SB Capital LLC ("SB Capital" or, together with Swilley and Barr,"Plaintiffs"), brought suit against the seller for breach of contract and for a declaratory judgment as to the proper disbursement of the earnest monies held in escrow. The trial court granted summary judgment in favor of the seller on Plaintiffs' breach of contract claim, finding that Plaintiffs were the first to materially breach the agreements. Discerning no error, we affirm the judgment of the trial court.
Authoring Judge: Judge Kristi Davis
Originating Judge:Judge Pamela Fleenor |
Hamilton County | Court of Appeals | 01/31/24 | |
State of Tennessee v. Robert James Houston
M2022-00844-CCA-R3-CD
A Giles County jury convicted the Defendant, Robert James Houston, of aggravated assault and simple assault, and the trial court sentenced him to a total effective sentence of ten years of incarceration. On appeal, the Defendant contends that the evidence is insufficient to sustain his convictions. After review, we affirm the trial court’s judgments.
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Judge J. Russell Parkes |
Giles County | Court of Criminal Appeals | 01/31/24 | |
State of Tennessee v. Denny Kentra Reynolds
M2022-01212-CCA-R3-CD
A Maury County Circuit Court jury convicted the defendant, Denny Kentra Reynolds, of possession of 26 grams or more of cocaine with the intent to sell, possession of one-half ounce to 10 pounds of marijuana with the intent to sell, and possession of drug paraphernalia. The trial court imposed an effective 12-year sentence. On appeal, the defendant challenges the sufficiency of the evidence supporting his convictions, the trial court’s denial of his motion to suppress, and the length of his sentence. Upon review, we affirm.
Authoring Judge: Judge James Curwood Witt, Jr.
Originating Judge:Judge Stella L. Hargrove |
Maury County | Court of Criminal Appeals | 01/31/24 | |
Louise Ann Sexton v. Michael Bryant Sexton
E2023-00136-COA-R3-CV
The Chancery Court for Knox County ("the Trial Court") found in this divorce action that Michael Bryant Sexton ("Husband") was the sole owner of Furious Properties, LLC and that he had purchased two Knox County real properties and deeded thern to Furious Properties, LLC. The Trial Court accordingly found that the entire interest in Furious Properties, LLC constituted marital property subject to equitable division and awarded
Authoring Judge: Judge D. Michael Swiney
Originating Judge:Chancellor Richard Armstrong |
Knox County | Court of Appeals | 01/30/24 |