Opinions
State of Tennessee v. Barry J. Zbleski, Jr.
A Dickson County jury convicted the Defendant, Barry J. Zbleski, Jr., of second degree murder by the unlawful distribution of fentanyl or carfentanil and of the knowing sale and distribution of fentanyl resulting in death or bodily injury. The trial court imposed an effective sentence of twenty years’ imprisonment. On appeal, the Defendant raises two issues: (1) whether the evidence is legally sufficient to support his conviction for second degree murder; and (2) whether the trial court violated his Sixth Amendment right to confront witnesses by admitting testimony from a substitute medical examiner. Upon our review, we respectfully affirm the judgments of the trial court. |
Dickson | Court of Criminal Appeals | |
Cynthia Torres v. YMCA Foundation of Middle Tennessee
The appeal concerns the scope and enforceability of a liability waiver. The trial court determined the liability waiver applied to the plaintiff’s claims of personal injury and granted the defendant summary judgment. We agree and affirm |
Williamson | Court of Appeals | |
Eddrick Booker v. Tennessee Board of Parole
This appeal arises from the dismissal of a defective petition for writ of certiorari for lack of subject matter jurisdiction. The trial court granted the Appellee’s motion to dismiss after Appellant failed to verify and notarize the petition under the requirements set forth in Tennessee Code Annotated section 27-8-106. Discerning no error, we affirm. |
Davidson | Court of Appeals | |
In Re Gracelyn H.
This is a termination of parental rights appeal. The trial court found clear and convincing |
Henderson | Court of Appeals | |
In Re Ellie C.
This appeal arises from the trial court’s modification of a residential schedule in which the |
Shelby | Court of Appeals | |
Camille Webb Steward v. Orson Eric Steward
This accelerated interlocutory appeal requires us to determine whether the trial court erred in denying Appellant’s motion for recusal, which was brought pursuant to Tennessee Supreme Court Rule 10B § 2.02. Because Appellant’s petition fails to comply with the requirements of Tennessee Supreme Court Rule 10B§ 1.01, the appeal is dismissed. |
Court of Appeals | ||
In Re Laila T.
The mother appeals the juvenile court’s decision to impose sanctions against her for failing |
Shelby | Court of Appeals | |
Joshua Matthew Brown v. Kimberly Higginbotham Brown
This is an appeal from a final decree of divorce. The parties were married over twenty years and had three children. The mother was a stay-at-home parent while Father was employed. At trial, they stipulated to separate parenting schedules for their two teenagers but could not agree on a parenting schedule for their youngest daughter, a former foster child they had adopted years earlier. The trial court designated the father primary residential parent of the youngest daughter and adopted a parenting schedule with equal parenting time on an alternating weekly basis. The trial court denied the mother’s request for alimony in futuro and awarded her transitional alimony for a period of five months. The trial court ordered the father to pay $6,000 of the mother’s attorney fees, but each party was deemed responsible for the remainder of his or her own attorney fees. The mother appeals. We reverse in part, vacate in part, and remand for further proceedings. |
Sumner | Court of Appeals | |
Keith King v. Dayco Incorporated
Worker employed by a temporary staffing agency was assigned to one of the agency’s clients and then injured while working. In suing the client for negligence, the worker relied on the contract between agency and client that provided that such assignees would not be considered employees of the client. The trial court granted summary judgment for the client, finding that the worker was a co-employee of the client and thus subject to the exclusive remedy provision of the Tennessee Workers’ Compensation Law. Because the worker admitted all of the facts establishing his status as an employee of the client by failing to dispute them, we affirm. |
Shelby | Court of Appeals | |
Mayor Lee Harris et al. v. Governor Bill Lee et al.
The plaintiffs sued various state officials to enjoin the deployment of Tennessee National Guard troops in support of the President’s Memphis Safe Task Force. The trial court granted a temporary injunction, and the state defendants filed a Tenn. R. App. P. 9 motion seeking permission to appeal, which the Court of Appeals granted. Finding that the plaintiffs lack standing, we reverse the issuance of the injunction. |
Davidson | Court of Appeals | |
Carrington Owens v. State of Tennessee
Carrington Owens, Petitioner, appeals from the denial of post-conviction relief from Petitioner’s convictions for four counts of rape of a child, twenty-three counts of especially aggravated sexual exploitation of a minor, and twelve counts of aggravated sexual battery of a child less than thirteen years of age and his effective thirty-seven-year sentence. On appeal, Petitioner contends that the post-conviction court erred by denying relief on his ineffective assistance of counsel claims. Discerning no error, we affirm the judgment of the post-conviction court. |
Montgomery | Court of Criminal Appeals | |
State of Tennessee v. Shoshanna Cabanting
A Hancock County jury convicted the Defendant, Shoshanna Cabanting, of vandalism as a Class A misdemeanor. The trial court imposed a sentence of eleven months and twenty-nine days, with thirty days to be served in confinement and the remainder suspended to probation. In a prior appeal, this court reversed and remanded the case for a limited resentencing hearing. On remand, the trial court made additional findings and reimposed the same sentence. The Defendant again challenges the split-confinement portion of her sentence and requests that this court impose full probation instead. Upon our review, we respectfully affirm the judgment of the trial court. |
Hancock | Court of Criminal Appeals | |
Essie James, et al. v. Petra Finance, LLC, et al.
This case involves a petition for rescission of a mortgage loan based on fraud in the |
Shelby | Court of Appeals | |
State of Tennessee v. Arvel Joshua Terry
A Maury County jury convicted the Defendant, Arvel Joshua Terry, of domestic assault. The trial court sentenced him to a term of eleven months and twenty-nine days, which was suspended after service of 120 days in custody. On appeal, the Defendant raises two issues: (1) whether the evidence is legally sufficient to support his conviction for domestic assault; and (2) whether the trial court improperly denied defense counsel the opportunity to refresh a witness’s recollection. Upon our review, we respectfully affirm the judgment of the trial court. |
Maury | Court of Criminal Appeals | |
Reuben Hickok Fairfield v. Guy Bosch, Warden
In 2012, the Petitioner, Reuben Hickok Fairfield, pleaded guilty in the Madison County Circuit Court to the offenses of second degree murder and tampering with evidence. The trial court imposed an effective sentence of thirty-five years’ incarceration. The Petitioner later filed a pro se application for a writ of habeas corpus, asserting that his arrest warrant was void and that, as a result, his indictment and judgments were likewise void. The habeas corpus court summarily dismissed the application, concluding that the Petitioner had failed to state a cognizable claim for habeas corpus relief. The Petitioner now appeals. Upon our review, we respectfully affirm the judgment of the habeas corpus court. |
Trousdale | Court of Criminal Appeals | |
Christopher Thomas Thompson v. State of Tennessee
The Petitioner, Christopher Thomas Thompson, appeals from the Weakley County Circuit |
Weakley | Court of Criminal Appeals | |
State of Tennessee v. Jay Junior Heifner
Defendant, Jay Junior Heifner, appeals the Knox County Criminal Court’s revocation of the three-year term of probation imposed for his 2021 guilty-pleaded conviction of theft, arguing that the trial court was without jurisdiction to revoke his probation because the violation warrant was void and that the trial court erred by ordering that he serve the balance of his sentence in confinement. We conclude that because the affidavit in support of the violation warrant failed to comply with the statutory and rule-based requirements, the affidavit was void, the violation warrant was void, and the ensuing revocation proceeding was void. Accordingly, the judgment of the trial court is reversed, and the case is remanded to the trial court to determine whether, in the absence of a validly issued probation violation warrant, Defendant’s term of probation has expired. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Bradley J. Cooper
Defendant, Bradley J. Cooper, was indicted for one count of aggravated stalking and one count of harassment. The case went to trial, and the jury found Defendant guilty as charged. The trial court merged Defendant’s harassment conviction into his aggravated stalking conviction and sentenced Defendant to an effective sentence of two years’ incarceration. On appeal, Defendant argues (1) his conviction for aggravated stalking violated the Double Jeopardy Clause of the Fifth Amendment of the United States Constitution and Tennessee Rule of Criminal Procedure 8; (2) the evidence was insufficient to support his conviction for aggravated stalking; (3) the trial court abused its discretion by refusing to take judicial notice, admit testimony regarding, or allow him to otherwise argue that orders of protection generally expire after one year; and (4) his conviction for aggravated stalking and harassment violated the First Amendment of the United States Constitution. After review, we find that Defendant’s conviction for aggravated stalking violated the Double Jeopardy Clause, and we vacate Defendant’s aggravated stalking conviction. We affirm Defendant’s conviction for harassment in Count 2 but remand the case for entry of a corrected judgment form, removing the condition that Count 2 is merged with Count 1. |
Rutherford | Court of Criminal Appeals | |
In Re James K.
In this termination of parental rights case, Appellant/Mother appeals the trial court’s termination of her parental rights to the minor child on the ground of persistent conditions, Tenn. Code Ann. § 36-1-113(g)(3). Because there is clear and convincing evidence to support this ground and the trial court’s determination that termination of Appellant’s parental rights is in the child’s best interests, we affirm. |
Henderson | Court of Appeals | |
Jeffery D. Strong v. State of Tennessee
A Macon County jury convicted the Petitioner, Jeffery D. Strong, of selling dihydrocodeinone, a Schedule III controlled substance. The Petitioner later filed a petition for post-conviction relief, alleging that trial counsel provided ineffective assistance by (1) failing to object to the admission of the audio recording of the drug transaction; and (2) failing to raise the recording’s admission as an error in the motion for a new trial. The post-conviction court denied relief, and the Petitioner now appeals. In addition to his ineffective assistance claim, the Petitioner also contends on appeal that the post-conviction court erred by failing to resolve the question of pretrial jail credits owed to him. Upon our review, we respectfully affirm the judgment of the post-conviction court. |
Macon | Court of Criminal Appeals | |
State of Tennessee v. John Collin Kilpatrick
The Defendant, John Collin Kilpatrick, was convicted by a Lewis County Circuit Court jury of possession of drug paraphernalia and two counts of possession of a firearm by a convicted felon and was sentenced by the trial court to an effective term of eight years at 85% release eligibility. On appeal, the Defendant contends that the State violated Brady v. Maryland, 373 U.S. 83 (1963), by withholding exculpatory information of addresses on file with the Tennessee Board of Probation and Parole (“Board” or “Board of Probation and Parole”); that the trial court erred by refusing to conduct an in camera review of the Board’s records that were in the possession of the State, by denying the Defendant’s request for a special jury instruction on possession, and by denying the Defendant’s motion for a mistrial based on the State’s discovery violations; and that the cumulative effect of the errors deprived the Defendant of a fair trial. Based on our review, we affirm the judgments of the trial court. |
Lewis | Court of Criminal Appeals | |
State of Tennessee v. Wesley Allen Lacey
Wesley Allen Lacey, Defendant, was charged in a presentment by the Knox County Grand |
Knox | Court of Criminal Appeals | |
In Re Estate of Ronald C. Perry
In this probate action, the executor of the decedent’s estate alleged that the defendant, who was the decedent’s wife, had exercised undue influence over the decedent. Following a bench trial, the trial court dismissed the complaint upon finding that the defendant did not have a confidential relationship with the decedent. The plaintiff has appealed. Discerning no reversible error, we affirm. |
Montgomery | Court of Appeals | |
STEVEN R. POWELL v. KNOXVILLE TVA EMPLOYEES CREDIT UNION
This is an interlocutory appeal as of right filed pursuant to Tennessee Supreme Court Rule 10B by the defendant below, Steven R. Powell, regarding his motion for recusal of the chancellor. Having reviewed the petition for recusal appeal, we determine it to be fatally deficient. We therefore dismiss the appeal |
Washington | Court of Appeals | |
ETHAN BLACKBURN v. ALEXIS COOPER-HILL
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. |
Roane | Court of Appeals |