State of Tennessee v. Ashley Bianca Ruth Kroese
M2022-01180-CCA-R3-CD
A Williamson County jury convicted Defendant, Ashley Bianca Ruth Kroese, of vehicular
Authoring Judge: Judge Jill Bartee Ayers
Originating Judge:Judge James G. Martin, III |
Williamson County | Court of Criminal Appeals | 05/07/24 | |
State of Tennessee v. Jeffrey Milton Stokes AKA Real Black
E2023-00667-CCA-R3-CD
The defendant, Jeffrey1 Milton Stokes aka Real Black, was convicted by a Knox County jury of first-degree premeditated murder and reckless endangerment, and he was sentenced to an effective term of life imprisonment. On appeal, the defendant argues that the evidence is insufficient to sustain his convictions. After review, we affirm the judgments of the trial court.
Authoring Judge: Judge J. Ross Dyer
Originating Judge:Judge Scott Green |
Knox County | Court of Criminal Appeals | 05/07/24 | |
Bobby L. Franklin v. Brian Eller, Warden
E2023-01018-CCA-R3-HC
The pro se petitioner, Bobby L. Franklin, appeals from the denial of his petition for writ of habeas corpus by the Criminal Court for Johnson County, arguing the habeas court erred in summarily dismissing his petition. The petitioner asserts he is entitled to habeas corpus relief because a “new judgment” was entered, lengthening his sentence. Following our review, we conclude that the petitioner’s notice of appeal was untimely and that the interest of justice does not mandate waiver of this requirement. Thus, the instant appeal should be dismissed.
Authoring Judge: Judge Ross J. Dyer
Originating Judge:Judge Stacy L. Street |
Johnson County | Court of Criminal Appeals | 05/07/24 | |
State ex rel. Laronda Johnson v. Jacob C. Morton
M2024-00409-COA-T10B-CV
Mother seeks accelerated review of the denial of her motions to recuse both the trial judge and the child support magistrate. After a de novo review, we affirm the denial of the motion to recuse the trial judge. We transfer the appeal of the denial of the motion to recuse the child support magistrate to the trial court.
Authoring Judge: Judge W. Neal McBrayer
Originating Judge:Judge Adrienne Gilliam Fry |
Robertson County | Court of Appeals | 05/03/24 | |
Timberlake Homeowners Association, Inc. v. Timberlake Development, LLC Et Al.
E2023-00808-COA-R3-CV
This is an appeal from the trial court’s order dismissing, for failure to state a claim upon which relief could be
Authoring Judge: Judge Thomas R. Frierson, II
Originating Judge:Chancellor Richard Armstrong |
Knox County | Court of Appeals | 05/03/24 | |
Shelby County v. Delinquent Taxpayers 2018 (Blight Authority of Memphis)
W2023-00446-COA-R3-CV
In this appeal, the trial court granted a motion to rescind a tax sale with respect to a particular parcel. We vacate the trial court’s order and remand for the trial court to enter an order containing sufficient findings of fact and conclusions of law reflecting the basis for its decision. To the extent that a constitutional challenge is raised, the trial court should also determine on remand whether notice must be provided to the Tennessee Attorney General pursuant to Tennessee Rule of Civil Procedure 24.04.
Authoring Judge: Judge Carma Dennis McGee
Originating Judge:Chancellor Melanie Taylor Jefferson |
Shelby County | Court of Appeals | 05/03/24 | |
State of Tennessee v. Benjamin L. Bradford
W2022-01632-CCA-R3-CD
The Defendant, Benjamin L. Bradford, was convicted by a Gibson County Circuit Court jury of first degree premeditated murder, first degree murder in the perpetration of theft, and destroying, tampering, or fabricating evidence. See T.C.A. §§ 39-13-202(a)(1)-(2) (first degree murder) (2018) (subsequently amended), 39-16-503 (2018) (destroying, tampering with, or fabricating evidence). The jury imposed a sentence of life without parole for each of the first degree murder convictions and merged the judgments. The trial court imposed a fifteen-year sentence for destroying, tampering, or fabricating evidence, to be served consecutively to the life-without-parole sentence. On appeal, the Defendant contends that the evidence is insufficient to support his convictions. We affirm the judgments of the trial court.
Authoring Judge: Judge Robert H. Montgomery, Jr.
Originating Judge:Judge Clayburn Peeples |
Gibson County | Court of Criminal Appeals | 05/03/24 | |
Kurt M. Chambliss Et Al. v. Terry L. Rutledge Et Al.
E2023-00173-COA-R3-CV
The parties are all of the owners of four neighboring lots in a small, exclusive residential development. Each lot is subject to restrictive covenants. Kurt M. Chambless and Jill S. Chambless originally filed suit against Terry L. Rutledge and Cynthia L. Rutledge, averring that the Rutledges were violating the restrictive covenants. While the Chamblesses’ suit was pending, all of the lot owners (other than the Chamblesses) voted to amend the restrictive covenants. The Chamblesses amended their suit to seek a declaratory judgment invalidating the amended covenants and seeking a refund of certain monies they paid to Mr. Rutledge for the benefit of the homeowners’ association.1Each of the defendants filed a motion to dismiss the Chamblesses’ declaratory judgment claim due to their failure to state a claim upon which relief could be granted. The trial court granted the motions to dismiss, in part, and ruled that the amended covenants were valid and enforceable. The Chamblesses timely appealed to this Court. Upon careful review, we find that the trial court erred in granting the motions to dismiss for failure to state a claim after determining that the amended covenants are valid and enforceable. Accordingly, we vacate the trial court’s dismissal of those parts of the Amended Complaint challenging the validity of the amended covenants, and we affirm that portion of the trial court’s order declaring that the amended covenants are valid and enforceable. Further, we affirm the trial court’s dismissal of the declaratory judgment claim against the Maxwells and the Dotys arising out of Mr.Rutledge’s use of association funds but decline to award the Maxwells and the Dotys their attorneys’ fees on appeal.
Authoring Judge: Judge Kristi M. Davis
Originating Judge:Judge Kyle E. Hedrick |
Hamilton County | Court of Appeals | 05/03/24 | |
State of Tennessee v. Claude Harvey Banner
E2023-01433-CCA-R9-CO
The Defendant, Claude Harvey Banner, was convicted by a Carter County Criminal Court
Authoring Judge: Judge Robert H. Montgomery, Jr.
Originating Judge:Judge Stacy L. Street |
Carter County | Court of Criminal Appeals | 05/02/24 | |
State of Tennessee v. Olga Narnia Sevilla
E2023-00541-CCA-R3-CD
A Bradley County jury convicted the Defendant, Olga Narnia Sevilla, of aggravated child
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Judge Sandra Donaghy |
Bradley County | Court of Criminal Appeals | 05/02/24 | |
State of Tennessee v. Jayson Isiah Booker
E2023-00435-CCA-R3-CD
sell and/or deliver marijuana, a Class E felony, and the trial court imposed an agreed upon
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Judge Hector Sanchez |
Knox County | Court of Criminal Appeals | 05/02/24 | |
Ruth Mitchell v. City of Franklin, Tennessee
M2023-00736-COA-R3-CV
This is the second appeal in this personal injury matter involving the plaintiff’s injury from an uneven sidewalk owned by the defendant city. In the first appeal, this Court remanded for the trial court to consider expert testimony that had been erroneously excluded by the trial court. On remand, the trial court heard expert testimony on the issue of the city’s maintenance and inspection of its sidewalks. Because the evidence on remand did not include any new evidence regarding the length of time that the sidewalk defect had existed, we have concluded that the issues raised by the plaintiff in this appeal are pretermitted by the law of the case doctrine.
Authoring Judge: Judge Andy D. Bennett
Originating Judge:Judge Joseph A. Woodruff |
Williamson County | Court of Appeals | 05/02/24 | |
LaNorris O'Brien Chambers v. State of Tennessee
M2023-00929-CCA-R3-PC
The Petitioner, LaNorris O’Brien Chambers, appeals from the Rutherford County Circuit Court’s denial of his petition for post-conviction relief, wherein he challenged his convictions for two counts of robbery, two counts of fraudulent use of a credit card, and one count of aggravated assault. On appeal, the Petitioner argues trial counsel provided ineffective assistance in failing to challenge Count 5, in failing to request dismissal of Count 2 of the superseding indictment, in failing to explain Rule 404(b) and the effect of his prior convictions, in failing to challenge the sufficiency of the State’s notice of sentence enhancement, and in failing to review all discovery with him. We affirm the judgment of the post-conviction court.
Authoring Judge: Presiding Judge Camille R. McMullen
Originating Judge:Judge Barry R. Tidwell |
Rutherford County | Court of Criminal Appeals | 05/01/24 | |
Sandra Easley v. City of Memphis
W2023-00437-COA-R3-CV
This is an appeal of a Governmental Tort Liability Act case and concerns a judgment received by the plaintiff, who stepped off of a curb in the middle of the block, not at the crosswalk, and was struck by a city-owned vehicle while attempting to cross between two stopped vehicles when the light changed. Having reviewed the record transmitted to us on appeal, we reverse the trial court’s judgment that the city defendant is liable for the negligent hiring and retention of its employee because the record fails to show that evidence was introduced at trial in support of this claim. Moreover, we reverse the trial court’s allocation of fault, concluding that the evidence preponderates in favor of a finding that the plaintiff is at least 50% at fault. Because the plaintiff is accordingly barred from obtaining a recovery, we dismiss the case.
Authoring Judge: Judge Arnold B. Goldin
Originating Judge:Judge Damita J. Dandridge |
Shelby County | Court of Appeals | 05/01/24 | |
Baldomero Galindo v. State of Tennessee
E2023-01107-CCA-R3-PC
Petitioner, Baldomero Galindo, appeals as of right from the Knox County Criminal Court’s
Authoring Judge: Judge Robert L. Holloway, Jr.
Originating Judge:Judge Hector Sanchez |
Knox County | Court of Criminal Appeals | 05/01/24 | |
Werner Reichenberger v. Deniece Thomas, Commissioner, et al.
W2023-00441-COA-R3-CV
In this appeal, the petitioner sought judicial review of a decision made by the Department of Labor and Workforce Development denying his application for unemployment compensation benefits. The chancery court reversed the Department’s decision, concluding that it was arbitrary and capricious and an abuse of discretion. The Department appeals. We affirm and remand for further proceedings.
Authoring Judge: Judge Carma Dennis McGee
Originating Judge:Chancellor Michael Mansfield |
Haywood County | Court of Appeals | 05/01/24 | |
Rhynuia L. Barnes v. State of Tennessee
M2023-01088-CCA-R3-PC
In 1990, a Shelby County jury convicted the Petitioner, Rhynuia L. Barnes, of premeditated first-degree murder, and the trial court sentenced him to an effective sentence of life in prison. The Petitioner unsuccessfully appealed his conviction. He then unsuccessfully filed a petition for post-conviction relief and three petitions for writ of error coram nobis, as well as a motion to exhume his father’s body and for fingerprint analysis. In 2023, the Petitioner filed his second post-conviction fingerprint analysis petition asking: (1) that the TBI enter the latent prints found on the murder weapon into an online fingerprint database; and (2) that the court order testing of his deceased father’s palm prints against the known palm print on the murder weapon. The post-conviction court summarily dismissed the petition, and the Petitioner appeals. After review, we affirm the post-conviction court’s judgment.
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Judge Steve Dozier |
Davidson County | Court of Criminal Appeals | 04/30/24 | |
State of Tennessee v. Phillip Jerome Locke
E2022-01676-CCA-R3-CD
A Knox County jury convicted the Defendant of first degree premeditated murder, felony
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Judge Steven Wayne Sword |
Knox County | Court of Criminal Appeals | 04/30/24 | |
Dominion Real Estate, LLC v. The Wise Group, Inc. et al.
M2023-00242-COA-R3-CV
Appellee Dominion Real Estate, LLC (“Dominion”) filed a malicious prosecution action against the Wise Group, Inc. (the “Wise Group”), the Lux Development Group, LLC (the “Lux Group”) (together with the Wise Group, “Wise and Lux”), and Alan Wise (together with Wise and Lux, “the Wise Defendants” or “Appellants”). The trial court dismissed Dominion’s case, and Dominion appealed. 1 In their brief, the Wise Defendants asked this Court to award frivolous appeal damages. Dominion subsequently moved to dismiss the appeal. Although this Court granted the motion to dismiss, it reserved the issue of frivolous appeal damages, which is the sole issue addressed herein. Because Dominion’s appeal had no reasonable chance of success, it was frivolous, and the Wise Defendants are entitled to damages. Accordingly, we grant the Wise Defendants’ motion and remand the case for calculation of the Wise Defendants’ reasonable attorney’s fees and expenses incurred in defending this appeal and for entry of judgment on same.
Authoring Judge: Judge Kenny Armstrong
Originating Judge:Judge Lynne T. Ingram |
Davidson County | Court of Appeals | 04/30/24 | |
Heritage Construction Group, LLC v. Karen Vest
M2023-00028-COA-R3-CV
A homebuilder sought to modify, correct, or vacate an arbitration award. It claimed the arbitrator exceeded his powers in failing to award attorney’s fees and penalties under its contract with the homeowner. The chancery court denied the requested relief and awarded the homeowner attorney’s fees for defending against the homebuilder’s motion. Discerning no error, we affirm.
Authoring Judge: Judge W. Neal McBrayer
Originating Judge:Judge Christopher V. Sockwell |
Maury County | Court of Appeals | 04/30/24 | |
Kevin Lawrence v. Kevin Genovese, Warden
W2023-00607-CCA-R3-HC
The Petitioner, Kevin Lawrence, appeals the Lake County Circuit Court’s dismissal of his petition for writ of habeas corpus. The Petitioner argues his judgment is void and illegal because his sentence does not reflect any parole eligibility. Based on our review, we affirm the habeas corpus court’s dismissal of the petition.
Authoring Judge: Judge Kyle A. Hixson
Originating Judge:Judge Mark L. Hayes |
Lake County | Court of Criminal Appeals | 04/29/24 | |
Jennifer A. Seiber v. David S. Seiber
E2023-01344-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: Per Curiam
Originating Judge:Senior Judge Thomas J. Wright |
Anderson County | Court of Appeals | 04/29/24 | |
Marcie Elizabeth Rasnick v. Jason Dean Rasnick
E2023-01561-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: Per Curiam
Originating Judge:Chancellor John C. Rambo |
Carter County | Court of Appeals | 04/29/24 | |
State of Tennessee v. Travis Scott Gilliam
E2023-00533-CCA-R3-CD
A Hawkins County jury convicted the Defendant, Travis Scott Gilliam, in three cases involving violations of the Sex Offender Registry, community supervision for life, and related offenses. In a fourth case, the Defendant pled guilty to the offense of aggravated assault and agreed to a six-year sentence running consecutively to the other cases. After a hearing, the trial court imposed partially consecutive sentences for a total effective sentence of fourteen years plus eleven months and twenty-nine days. In this appeal, the Defendant argues that the trial court erred in imposing consecutive sentences and that the judgments conflict with the trial court’s oral announcement. Upon our review, we dismiss the appeal in Case No. 22-CR-36 because this sentence was entered pursuant to a valid plea agreement and was the subject of a valid waiver of appeal. Regarding the other cases, we respectfully affirm the trial court’s judgments. We also remand these cases for entry of corrected judgments reflecting the alignment of the sentence as announced at the sentencing hearing.
Authoring Judge: Judge Tom Greenholtz
Originating Judge:Judge Alex E. Pearson |
Court of Criminal Appeals | 04/26/24 | ||
Nehad S. Abdelnabi v. Steven Wayne Sword, Judge
E2023-00557-COA-R3-CV
The trial court granted Appellee’s motion to dismiss on the ground of judicial immunity. Discerning no error, we affirm.
Authoring Judge: Judge Kenny Armstrong
Originating Judge:Judge Deborah Stevens |
Knox County | Court of Appeals | 04/26/24 |