Jimmie Martin v. State of Tennessee
W2024-01303-CCA-R3-PC
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Carlyn L. Addison

A Shelby County jury convicted the Petitioner, Jimmie Martin, of second degree murder of Martha J. Bownes, and the trial court sentenced him to serve twenty years. On appeal, this court affirmed the judgment. State v. Martin, No. W2013-00889-CCA-R3-CD, 2014 WL 2566490, at *1 (Tenn. Crim. App. June 5, 2014), no perm. app. filed. The Petitioner filed a petition for post-conviction relief, claiming that he had received the ineffective assistance of counsel at trial. After a hearing, the post-conviction court denied relief. On appeal, the Petitioner maintains that he received the ineffective assistance of counsel because his attorney had a conflict of interest at the time he represented the Petitioner and because Counsel failed to call an eye witness, Christopher Martin, to testify at his trial. After review, we affirm the post-conviction court’s judgment.

State of Tennessee v. Luis Mendoza-Sanchez
M2024-00861-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge James A. Turner

A Rutherford County jury convicted the Defendant, Luis Mendoza-Sanchez, of multiple offenses against two victims, a child and her mother, including aggravated assault of the mother, rape of a child and four counts of aggravated sexual assault of the child.  He was additionally convicted of violating the Child Protection Act.  The trial court sentenced the Defendant to fifty-nine years of incarceration.  On appeal, the Defendant contends that: (1) the trial court erred when it denied his motion to sever the trials for charges against the victim and her mother; (2) the trial court erred when it allowed the State to ask leading questions of their own witness; (3) the trial court erred when it limited the Defendant’s cross-examination of an expert about the victim’s sexual orientation; and (4) the cumulative effect of these errors entitled him to a new trial.  After review, we affirm the trial court’s judgments.

First South Financial Credit Union v. Collierville 385 Motors, LLC
W2024-01084-COA-R3-CV
Authoring Judge: Presiding Judge J. Steven Stafford
Trial Court Judge: Judge Mary L. Wagner

Appellant appeals from the trial court’s denial of a motion to vacate a default judgment. Discerning no error, we affirm and remand.

Demarcus Keyon Cole v. State of Tennessee
W2024-00697-CCA-R3-ECN
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge Donald H. Allen

Petitioner, Demarcus Keyon Cole, acting pro se, appeals from the summary dismissal of his petition seeking a writ of error coram nobis, claiming that Judge Donald H. Allen erred by summarily dismissing the petition while Petitioner’s motion to recuse Judge Joseph T. Howell was pending. We conclude that Petitioner is not entitled to relief and affirm the summary dismissal of the petition. However, we remand for Judge Howell to enter a written order granting the recusal motion.

State of Tennessee v. Jennifer Ruth Barber
M2024-00955-CCA-R3-CD
Authoring Judge: Judge Robert H. Montgomery, Jr.
Trial Court Judge: Judge Robert T. Bateman

The Defendant, Jennifer Ruth Barber, appeals from the Montgomery County Circuit Court’s probation revocation of her eight-year sentence for possession of methamphetamine.  On appeal, she contends that the trial court abused its discretion in ordering her to serve her sentence.  We affirm the court’s judgment.

State of Tennessee v. Jerry Irve Buckner a/k/a Jerry Irvin Buckner
M2023-01504-CCA-R3-CD
Authoring Judge: Judge Robert H. Montgomery, Jr.
Trial Court Judge: Judge Jennifer Smith

The Defendant, Jerry Buckner, was convicted by a Davidson County Criminal Court jury of second degree murder, a Class A felony, and unlawful possession of a firearm by a convicted felon, a Class B felony. T.C.A. §§ 39-13-210 (2018) (second degree murder), 39-17-1307(b)(1)(A) (2018) (subsequently amended) (unlawful firearm possession).  The trial court sentenced the Defendant to serve concurrent sentences of forty years for second degree murder and twenty years for the firearm possession.  On appeal, he contends that the evidence is insufficient to support his convictions and that the trial court erred in declining to instruct the jury on the defense of self-defense.  We affirm the judgments of the trial court and remand for correction of a clerical error on the judgment for the firearm conviction.

In Re Ann Blankenship (d/b/a Ann Blankenship Bonding)
W2024-00425-CCA-R3-CD
Authoring Judge: Judge J. Ross Dyer
Trial Court Judge: Judge J. Brent Bradberry

The appellant, Ann Blankenship d/b/a Ann Blankenship Bonding, appeals her suspension from writing bonds in the Twenty-Fourth Judicial District due to her failure to comply with the applicable statutes. Based upon the record, the parties’ briefs, and oral argument, we affirm that decision of the trial court.

Charles R. Johnson v. State of Tennessee
E2024-00769-CCA-R3-PC
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge Zachary R. Walden

After being convicted of several drug offenses, Charles R. Johnson, Petitioner, was sentenced to an effective thirty-year sentence.  State v. Johnson, No. E2021-01106-CCA-R3-CD, 2023 WL 3535344, at *1 (Tenn. Crim. App. May 18, 2023), no perm. app. filed.  Petitioner's direct appeal was unsuccessful.  He sought post-conviction relief by filing a pro se petition in which he argued that trial counsel was ineffective and that his due process rights were violated in various ways.  The post-conviction court summarily dismissed the petition without appointment of counsel.  On appeal, Petitioner argues that the post-conviction court improperly dismissed the petition.  After a review, we affirm the post-conviction court's summary dismissal of Petitioner's standalone due process claims.  However, we reverse and remand the post-conviction court's summary dismissal of Petitioner's claims of ineffective assistance of counsel without appointment of counsel or a hearing.  Consequently, the judgment of the post-conviction court is affirmed in part, reversed in part, and remanded.  On remand, the post-conviction court should appoint counsel for Petitioner, allow Petitioner to amend his pro se petition, and hold a hearing on the petition.

Radonda Vaught v. Tennessee Board of Nursing
M2023-01816-COA-R3-CV
Authoring Judge: Judge Thomas R. Frierson
Trial Court Judge: Chancellor Patricia Head Moskal

This is an appeal arising from a decision by the Tennessee Board of Nursing (“the Board”)
to revoke a registered nurse’s license after she retrieved the wrong medication from an
automatic dispenser and administered it to a hospital patient, resulting in the patient’s
death. The Tennessee Department of Health (“the Department”) brought an initial
complaint against the nurse concerning the incident, which it first determined did not merit
further action but then later re-opened. Simultaneously, the nurse faced criminal
prosecution and was ultimately convicted of two criminal charges related to the incident.
Following a contested hearing in the administrative proceedings, the Board revoked the
nurse’s license. The nurse sought judicial review of this decision pursuant to Tennessee’s
Uniform Administrative Procedure Act. During the judicial review proceeding, the nurse
raised, for the first time, the doctrines of res judicata and collateral estoppel as affirmative
defenses to the Department’s complaint. In response, the Board argued that the nurse had
waived these affirmative defenses because she had failed to raise them during the
administrative proceedings. While the petition for judicial review remained pending, the
criminal case moved to the sentencing phase. A doctor, who had testified as an expert
witness in both the contested administrative proceeding and the criminal case, wrote a letter
of support for the nurse to the criminal court judge in preparation for her sentencing. When
the nurse learned of the doctor’s supportive letter, she moved the trial court to remand the
instant case to the Board so that the Board could consider the contents of the letter in its
decision. The trial court declined to remand the matter to the Board or to allow the nurse
to present the letter to the Board as additional evidence. The trial court subsequently
entered a final order, determining that the nurse had not waived the affirmative defenses of
res judicata or judicial estoppel but declining to reverse the Board’s decision on those
grounds. The trial court then affirmed the Board’s decision to revoke the nurse’s license.
The nurse has appealed. Upon review, we determine that the nurse waived the affirmative
defenses of res judicata and collateral estoppel because she failed to present those doctrines
during the administrative proceedings  Accordingly, we reverse the trial court’s
determination concerning waiver of those defenses. In all other respects, we affirm.

State of Tennessee v. Antonio Gipson
E2024-00402-CCA-R3-CD
Authoring Judge: Judge Tom Greenholtz
Trial Court Judge: Judge G. Scott Green

A Knox County jury convicted the Defendant, Antonio Gipson, of second degree murder and unlawful possession of a firearm by a convicted felon, and the trial court imposed a sentence of forty years. On appeal, the Defendant argues that the evidence is legally insufficient to support his conviction for second degree murder. He also asserts that the trial court erred by (1) finding that prior threats made by the victim were hearsay; and (2) excluding a video of the victim displaying a firearm in the weeks before the shooting. Upon our review, we respectfully affirm the judgments of the trial court.

State of Tennessee v. Dale Merritt
E2024-00717-CCA-R3-CD
Authoring Judge: Judge Jill Bartee Ayers
Trial Court Judge: Judge Steven Wayne Sword

Petitioner, Dale Merritt, appeals the denial of his motion to correct an illegal sentence, filed pursuant to Tennessee Rule of Criminal Procedure 36.1. Following our review of the entire record and the briefs of the parties, we affirm the judgment of the trial court.

State of Tennessee v. Bryant Donaldson, Jr.
M2024-00660-CCA-R3-CD
Authoring Judge: Judge Jill Bartee Ayers
Trial Court Judge: Judge Brody N. Kane

Defendant, Bryant Donaldson, Jr, pled guilty to one count of especially aggravated sexual exploitation of a minor and six counts of aggravated statutory rape, with the trial court to determine the manner and length of sentence. After a sentencing hearing, the trial court imposed an effective twenty-three-year sentence. Defendant appeals, arguing that the trial court erred in admitting his psychosexual evaluation and a victim impact statement at sentencing and that the trial court misapplied enhancement factors. Upon our review of the entire record, the briefs of the parties, and the applicable law, we affirm the judgments of the trial court.

State of Tennessee v. Michael Dunford
E2024-00574-CCA-R3-CD
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge Hector Sanchez

Defendant, Michael Dunford, appeals as of right from his jury convictions for two counts
of aggravated robbery and two counts of aggravated kidnapping, for which he received an
effective sentence of fifteen years. On appeal, Defendant contends that the evidence was
insufficient to prove his identity as the perpetrator and that the trial court erred by imposing
a longer sentence than the minimum in-range sentence of twelve years. Following our
review, we affirm.

In Re Bail U Out Bonding
M2024-00972-CCA-R3-CO
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge Dee David Gay

When Daniel Barillas failed to appear for a scheduled court appearance, the trial court entered a conditional forfeiture against Mr. Barillas and Bail U Out Bonding (“Bail U Out”). Bail U Out moved for exoneration of the bail bond, claiming that Mr. Barillas had been deported. Following a hearing, the trial court ordered forfeiture of the full amount of the bond. After a thorough review, we determine that the trial court did not abuse its discretion and affirm the judgment.

Jamauri Ransom v. Jerry Wardlow, Warden
W2024-00175-CCA-R3-HC
Authoring Judge: Judge John W. Campbell, Sr.
Trial Court Judge: Judge J. Weber McCraw

The pro se Petitioner, Jamauri Ransom, appeals the Hardeman County Circuit Court’s order granting the State of Mississippi’s request that he be extradited to Mississippi on a murder indictment.  We conclude that the Petitioner has waived consideration of his claim regarding the alleged invalidity of the extradition paperwork by failing to include an adequate record for appellate review.  Accordingly, we affirm the judgment of the trial court. 

Joe H. Edwards v. Angela L. Underwood
E2023-00640-COA-R3-CV
Authoring Judge: Judge W. Neal McBrayer
Trial Court Judge: Chancellor Jerri Bryant

Property owners retained a licensed engineer to develop subdivision lots. As partial compensation for his services, the engineer agreed to accept a 6% share of the gross proceeds when the lots were sold. The agreement was to be binding on the property owners’ heirs and assigns. After both owners died, ownership of the remaining unsold lots passed to a daughter through probate. She sold some of the lots without payment of the engineer’s 6% share. The engineer sued the daughter for breach of contract and unjust enrichment. Among other things, the daughter argued that the engineer’s action was barred by the probate statutes. The trial court held that the engineer’s 6% share was secured by a statutory lien on the real property and its proceeds and that such lien was not subject to any affirmative defenses. After careful review, we reverse.

In Re Emmeline C.
M2024-00567-COA-R3-PT
Authoring Judge: Judge Thomas R. Frierson, II
Trial Court Judge: Judge Stanley A. Kweller

In this case involving termination of the mother’s parental rights to her daughter, the trial court found that three statutory grounds for termination had been proven by clear and convincing evidence. The trial court further found that clear and convincing evidence demonstrated that termination of the mother’s parental rights was in the child’s best interest. The mother has appealed. Discerning no reversible error, we affirm the trial court’s judgment.

Betty Ann Wallace v. First Cash Inc.
E2024-01096-COA-R3-CV
Authoring Judge: Judge Andy D. Bennett
Trial Court Judge: Judge Mike Dumitru

The appellant filed a civil summons in the general sessions court, asserting that items she had pawned at one of the appellee’s locations were returned to her damaged. After the appellant failed to appear at the initial hearing, the matter was dismissed. The appellant appealed the dismissal to the circuit court, which found that the appeal was not timely filed and dismissed the appeal. On appeal in this Court, we have determined that the appellant’s brief is deficient under Tennessee Rule of Appellate Procedure 27 and dismiss the appeal.

State of Tennessee v. Julian Summers
W2024-00830-CCA-R3-CD
Authoring Judge: Judge Jill Bartee Ayers
Trial Court Judge: Judge Carlyn L. Addison

Defendant, Julian Summers, was convicted by a Shelby County jury of first degree murder, tampering with evidence, and abuse of a corpse. As the thirteenth juror, the trial court affirmed the verdicts as to the first degree murder and abuse of a corpse but dismissed the verdict as to tampering with evidence. The trial court sentenced Defendant to a total effective sentence of life imprisonment plus two years. On appeal, Defendant claims that 1) the trial court erred in denying his motion to suppress his video-recorded statement to the police; 2) the trial court abused its discretion by permitting the State to call the forensic evaluator as a rebuttal witness; 3) the evidence was insufficient to support his first degree murder conviction; and 4) the trial court abused its discretion by imposing consecutive sentences. Upon review of the entire record, the briefs of the parties and the applicable law, we affirm the judgments of the trial court.

Alonzo Hoskins v. State of Tennessee
E2024-00197-CCA-R3-PC
Authoring Judge: Judge Kyle A. Hixson
Trial Court Judge: Judge Hector I. Sanchez

The Petitioner, Alonzo Hoskins, appeals from the denial of his petition for post-conviction relief challenging his 2019 convictions for felony murder and especially aggravated robbery. The Petitioner argues that he received ineffective assistance of counsel due to trial counsel’s failure to request a post-trial inquiry into a juror who had expressed difficulty hearing portions of the trial. The State counters that the post-conviction court correctly denied relief. Based on our review of the record, we affirm the judgment of the post-conviction court.

Wendy Rose, Et Al v. Lakeway Medical Property Partnership, Et Al
E2025-00335-COA-T10B-CV
Authoring Judge: Judge Kristi M. Davis
Trial Court Judge: Judge Michael S. Pemberton

This is an accelerated interlocutory appeal as of right filed pursuant to Tennessee Supreme Court Rule 10B. Due to numerous deficiencies in the petition, the appeal is hereby dismissed.

Roger Judd et al. v. Kaylee Powell et al.
M2024-00319-COA-R3-JV
Authoring Judge: Judge Kristi M. Davis
Trial Court Judge: Judge Steven D. Qualls

This appeal arises out of a petition filed by Roger and Regina Judd (collectively, “Appellants”) seeking grandparent visitation with three minor children, Appellants’ grandchildren. Kaylee and Spencer Powell (collectively, “Appellees”) filed their answer to the petition, claiming that Appellants lacked standing to bring their request. The Putnam County Juvenile Court (“juvenile court”) dismissed Appellants’ petition for failure to state a claim based on lack of standing. Discerning no error, we affirm.

In Re: Kendin L.
E2024-00209-COA-R3-JV
Authoring Judge: Presiding Judge D. Michael Swiney
Trial Court Judge: Judge Randy M. Kenndy

Rhonda L. (“Mother”) filed a petition in the Juvenile Court for the City of Bristol (“the Juvenile Court”) to modify a parenting plan granting Mark K. (“Father”) sole custody of Kendin L. (“the Child”) and Mother at least four days of parenting time each month.1 Father filed a motion for injunctive relief seeking the suspension of Mother’s parenting time based upon Mother’s persistent inappropriate behavior and psychological evaluation results. The Juvenile Court entered an ex parte order granting the motion for injunctive relief. After trial, the Juvenile Court dismissed Mother’s petition for her failure to prosecute and ordered that the suspension of Mother’s parenting time remain in full effect until Mother engaged in therapy and treatment for her personality disorder. Mother appealed. Discerning no reversible error, we affirm.

State of Tennessee v. Destiny Diamond Baxter and Anthony Wayne Sheffield
M2023-01507-CCA-R3-CD
Authoring Judge: Judge Tom Greenholtz
Trial Court Judge: Judge Christopher V. Sockwell

A Maury County jury convicted Destiny Diamond Baxter and Anthony Wayne Sheffield of first degree premeditated murder, attempted first degree murder, especially aggravated robbery, two counts of felony murder, and abuse of a corpse. Defendant Sheffield was also convicted of possessing a firearm with a prior conviction for a crime of violence and employing a firearm during the commission of a dangerous felony. The jury determined that both Defendants should serve life in prison without the possibility of parole for the homicide offenses. As for the remaining convictions, the trial court sentenced Defendant Baxter to an additional twenty-two years and sentenced Defendant Sheffield to a further thirty-five years. On appeal, both Defendants challenge whether the evidence is legally sufficient to support their convictions. Defendant Sheffield also argues that the trial court erred in denying his motion to sever the Defendants’ cases and admitting photographs of the homicide victim into evidence during the jury’s sentencing phase. Further, Defendant Sheffield argues that the trial court improperly sentenced him for the other convictions by failing to consider the risk and needs assessment, miscalculating the range, and imposing consecutive sentences beyond his life term. Upon our review, we conclude that a harmless error exists in failing to issue a limiting instruction as requested by Defendant Sheffield, and we also remand the judgments for correction of clerical errors. However, we respectfully affirm the judgments of the trial court in all other respects.

In Re Gabriel T.
M2024-00486-COA-R3-PT
Authoring Judge: Chief Judge D. Michael Swiney
Trial Court Judge: Judge Haylee Ann Bradley-Maples

This appeal concerns termination of parental rights. The Tennessee Department of Children’s Services (“DCS”) filed a petition in the Juvenile Court for Humphreys County (“the Juvenile Court”) seeking to terminate the parental rights of Tabitha P. (“Mother”) and Cody T. (“Father”) to their minor child Gabriel T. (“the Child”). After a hearing, the Juvenile Court entered an order terminating Mother’s and Father’s parental rights on several grounds. Mother and Father appeal, arguing mainly that DCS failed to assist or communicate with them. The Juvenile Court determined that Mother and Father were not credible witnesses, a determination we leave undisturbed. We find that each ground for termination found by the Juvenile Court was proven by clear and convincing evidence. We find further by clear and convincing evidence, as did the Juvenile Court, that termination of Mother’s and Father’s parental rights is in the Child’s best interest. We affirm.