State of Tennessee v. Zyqiius Quade' Barnes
A Davidson County jury convicted the Defendant, Zyqiius Quade’ Barnes, of one count of second degree murder and one count of reckless aggravated assault. The trial court sentenced the Defendant to an effective sentence of seventeen years of incarceration. On appeal, the Defendant argues that the trial court erred when it included a “defense of a third person” instruction in its jury charge and when it enhanced his sentence. After review, we affirm the trial court’s judgments. |
Davidson | Court of Criminal Appeals | |
Jason Collins v. State of Tennessee
Petitioner, Jason Collins, was convicted of one count of possession of .5 grams or more of methamphetamine with the intent to sell, one count of possession of .5 grams or more of methamphetamine with the intent to deliver, and one count of possession of drug paraphernalia. The trial court merged the two methamphetamine convictions and sentenced Petitioner to serve a total effective sentence of twenty years, eleven months, and twenty-nine days in confinement. This court affirmed Petitioner’s convictions and sentences on direct appeal. Petitioner then filed a petition for post-conviction relief in which he claimed ineffective assistance of counsel, and the post-conviction court denied the petition after a hearing. On appeal, Petitioner asserts that trial counsel was ineffective in failing to file a motion for new trial, in failing to seek suppression of drugs and other evidence seized from his home, and in failing to conduct a “complete and accurate” investigation of a defense witness. After review, we affirm the judgment of the postconviction court. |
Madison | Court of Criminal Appeals | |
Sandra Easley v. City of Memphis
Plaintiff was injured after attempting to cross a street outside of a crosswalk and being struck by a city-owned vehicle driven by a city employee. The trial court found that the city was vicariously liable for the employee-driver’s negligence and directly liable for its negligent hiring and retaining of the employee-driver. The trial court ultimately found the plaintiff 10% at fault for her injuries. The city appealed, and this Court reversed, finding that there was no proof of negligent hiring and that the evidence preponderated against the trial court’s allocation of fault. Instead, this Court concluded that the plaintiff was at least 50% at fault, barring recovery. The Tennessee Supreme Court vacated the judgment as failing to afford the trial court’s findings of fact appropriate deference, but acknowledged the plaintiff’s failure to appeal the conclusion that the negligent hiring finding was unsupported. On remand, we affirm in part, reverse in part, vacate in part, and remand the matter to the trial court for the re-allocation of fault and calculation of damages. |
Shelby | Court of Appeals | |
Benjamin McCurry v. Agness McCurry
Petitioner seeks accelerated review of the denial of two motions to recuse the trial judge. After a de novo review, we affirm the denial of both motions. |
Washington | Court of Appeals | |
State of Tennessee, ex rel., Stephany V. Lopez v. Justin M. Finch
Appellant filed this petition for recusal appeal without including either the motion to recuse filed in the trial court or the trial court’s order denying the motion to recuse. As such, we dismiss this appeal. |
Haywood | Court of Appeals | |
SCOTT BAKER ET AL. v. LARRY BASKIN ET AL.
Buyers of a residential home brought action against sellers for 1) breach of contract, 2) |
Davidson | Court of Appeals | |
In Re Estate of Clifton Dates, Jr.
This is an appeal from a dispute over a piece of real estate in Shelby County, Tennessee. The property owner executed a quit claim deed transferring ownership of the property to his daughter, who was also his attorney-in-fact, shortly before he died in 2023. After his death, the man’s surviving spouse filed a petition to set the deed aside, claiming that the daughter obtained the deed by undue influence. The trial court held a bench trial and entered an order setting the deed aside. The daughter timely appeals to this Court. Discerning no error, we affirm. |
Shelby | Court of Appeals | |
State of Tennessee, ex rel., Jabrunkaka R. Franklin v. Justin M. Finch
Appellant filed this petition for recusal appeal without including either the motion to recuse filed in the trial court or the trial court’s order denying the motion to recuse. As such, we dismiss this appeal. |
Haywood | Court of Appeals | |
State of Tennessee v. April R. Austin
The defendant, April R. Austin, was indicted by the Knox County Garnd Jury for four counts of theft of property valued over $2500 and four counts of theft of property valued over $1000. The defendant pled guilty to one count of theft of property valued over $2500 and one count of shoplifting. Per the terms of the pela agreement, the defendant agreed to concurrent sentences of three years for her theft conviction and eleven months and twenty-nine days for her shoplifting conviction with the manner of service to be determined by the trial court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Keith Lamar March
The defendant, Keith Lamar March, was convicted by a Knox County Criminal Court jury of unlawful possession of a weapon after having been convicted of a felony crime of violence, failure to drive on the right side of the roadway, and evading arrest. Following a sentencing hearing, the trial court imposed an effective sentence of fourteen years in the Tennessee Department of Correction. |
Knox | Court of Criminal Appeals | |
Robert Ferguson v. M. Brown Construction, Inc. et al.
A property owner hired a local contractor to build a custom-designed home. A payment dispute arose midway through construction, and the contractor stopped working. The owner paid others to repair and complete the home. Then he filed suit against the contractor asserting multiple theories of recovery. Among other things, the trial court found the contractor liable for breach of contract and fraudulent misrepresentation. As compensatory damages, it awarded the owner the additional costs he incurred to repair and complete the home above the contract price. We affirm in part, vacate in part, and remand for recalculation of compensatory damages. |
Cheatham | Court of Appeals | |
In Re Charles B.
Mother and Father appeal the termination of their parental rights. As to Mother, the trial court found three grounds for termination: substantial noncompliance with a parenting plan, persistent conditions, and failure to manifest an ability and willingness to assume custody. Regarding Father, the trial court found four grounds for termination: severe child abuse, imprisonment for two years for conduct qualifying as severe child abuse, imprisonment for ten years when the child is under eight years of age, and failure to manifest an ability and willingness to assume custody. The trial court also determined that terminating each parent’s rights was in the child’s best interest. The trial court properly determined that a termination ground existed as to each parent and that terminating each parent’s rights was in the child’s best interest. We affirm. |
Van Buren | Court of Appeals | |
State of Tennessee v. Esperanza Mariaelena Joy Flores
A Montgomery County jury convicted Defendant, Esperanza Mariaelena Joy Flores, of driving under the influence (“DUI”), DUI per se, failure to yield to an emergency vehicle, and possession of an open alcohol container. Defendant argues on appeal that: (1) the trial court erred in not dismissing the charges after the State failed to preserve evidence; (2) the trial court improperly limited her cross-examination of a witness; (3) the trial court improperly limited Defendant’s testimony; (4) the prosecutor made improper closing argument; (5) the evidence was insufficient to support her conviction for failure to yield to an emergency vehicle; (6) the record was not properly preserved because a court reporter was not provided to transcribe the proceedings; and (7) she is entitled to cumulative error relief. After review, we affirm the judgments of the trial court. |
Montgomery | Court of Criminal Appeals | |
Teresa Thompson Locke et al. v. Jason D. Aston, M.D. et al.
This case is before the Court on the Rule 11 application of Plaintiffs Teresa |
Davidson | Supreme Court | |
Deborah Fly et al. v. Haley Rae Fly et al.
A grandparent petitioned for visitation with her grandchild. The juvenile court found that the loss or severe reduction of visitation with the grandparent would cause severe emotional harm. The child’s mother appeals. Because the evidence preponderates against the court’s finding that denial of grandparent visitation would cause severe emotional harm, we reverse. |
Wilson | Court of Appeals | |
John E. Sullivan, Jr. GST Exempt Trust, et al. v. Frank G. Sullivan, et al.
Testator created a generation-skipping trust and instructed the eventual trustee to distribute all remaining trust funds to the “then living descendants of the child per stirpes” upon the death of Testator’s child. Testator’s child later died, leaving two generations of descendants. Each first-generation descendant is the parent of a corresponding second-generation descendant, and neither predeceased the Testator’s child. Trustee brought a declaratory judgment action, seeking to ascertain whether only the first generation of the child’s descendants should inherit trust funds or if, instead, members of both generations should take equally. Relying on Testator’s choice of a per stirpes distribution system, the probate court concluded that trust funds should be split equally between the first-generation descendants, reasoning that the funds do not go any further under a traditional per stirpes framework. We affirm. |
Shelby | Court of Appeals | |
State of Tennessee v. Jonathan Rogers Robertson
Defendant, Jonathan Rogers Robertson, was convicted by jury of unlawful possession of a firearm after having been convicted of a felony crime of violence, unlawful possession of a firearm after having been convicted of a felony drug offense, and possession of drug paraphernalia. The trial court imposed an effective sentence of forty-five years. Defendant appeals, arguing that the evidence was insufficient to support his convictions because the State failed to establish that he possessed the firearm and drug paraphernalia. Upon review of the entire record, the briefs of the parties and the applicable law, we affirm the judgments of the trial court, but remand for merger of counts one and two and entry of corrected judgment forms. We affirm the trial court’s judgments in all other respects. |
Madison | Court of Criminal Appeals | |
In Re Dorothy A. et al.
In this case involving termination of the father’s and mother’s parental rights to two of their minor children, the trial court determined that two statutory grounds had been proven as to each parent by clear and convincing evidence. The trial court further determined that clear and convincing evidence demonstrated that termination of the father’s and mother’s parental rights was in the children’s best interest. The father and mother have each appealed. Discerning no reversible error, we affirm. |
Dickson | Court of Appeals | |
State of Tennessee v. Ritika Arora
The Defendant, Ritika Arora, was charged in the Williamson County Circuit Court with driving under the influence (“DUI”), DUI per se, simple possession, and possession of drug paraphernalia and filed a motion to suppress the results of her blood alcohol test because the search warrant authorizing her blood draw did not expressly authorize chemical analysis of her blood sample. The trial court granted the motion, and the State filed this interlocutory appeal. Based upon the oral arguments, the record, and the parties’ briefs, we conclude that the order granting the motion to suppress should be reversed and that the case should be remanded to the trial court for further proceedings consistent with this opinion. |
Williamson | Court of Criminal Appeals | |
Abdolhossain Motealleh v. Remax Tristar Realty Et Al.
This appeal arises from a complaint filed by Abdolhossain Motealleh (“Plaintiff”) entitled, “Petition for Criminal Conspiracy to Petition David Margulies for Representations.” The trial court dismissed the complaint upon the defendants’ Tennessee Rule of Civil Procedure 12.06(b) motion to dismiss for failing to state a claim upon which relief could be granted. Plaintiff appeals that decision. Due to profound deficiencies with Plaintiff’s brief, particularly his failure to comply with Rule 27(a)(4) and (7) of the Tennessee Rules of Appellate Procedure and Rule 6 of the Rules of the Court of Appeals of Tennessee in several material respects, Plaintiff has waived his right to an appeal. Accordingly, the judgment of the trial court is affirmed. The defendants, ReMax Tri Star Realty and Jarrod Cruz, (“Defendants”) contend this is a frivolous appeal and seek an award of damages pursuant to Tennessee Code Annotated § 27-1-122. Having determined that this appeal is devoid of merit, we find the appeal to be frivolous. Therefore, Defendants are entitled to recover their reasonable and necessary attorney’s fees and expenses incurred in defending this frivolous appeal. Accordingly, we remand this case to the trial court to make the appropriate award. |
Knox | Court of Appeals | |
Ashley Lenal Crowder v. State of Tennessee
The Petitioner, Ashley Lenal Crowder, appeals the denial of her petition for post-conviction relief from her guilty-pleaded convictions for second degree murder, aggravated child neglect and attempted aggravated child neglect, arguing that she was denied the effective assistance of trial counsel and that her guilty pleas were unknowing and involuntary. Based on our review, we affirm the judgment of the post-conviction court denying the petition. |
Davidson | Court of Criminal Appeals | |
Melissa Salmon v. Fellowship Bible Church of Williamson County
The plaintiff filed a declaratory judgment action seeking a declaration on whether a settlement agreement she signed in 2016 and amended in 2017 still requires her silence on the details of the alleged sexual abuse of her son in light of the 2018 enactment of Tenn. Code Ann. § 29-34-103, which makes such agreements “void and unenforceable as contrary to the public policy of this state.” The trial court granted the defendant’s motion to dismiss, issued a blanket sealing order, and held that the Attorney General and Reporter did not have to be notified of the action and that the plaintiff’s interpretation of the statute would lead to unconstitutional retrospective application. We reverse the trial court’s grant of the motion to dismiss, vacate the decisions on the remaining issues, and remand the matter for further proceedings consistent with this opinion. |
Williamson | Court of Appeals | |
State of Tennessee v. Colton Shane Sutliffe
The Defendant, Colton Shane Sutliffe, was convicted in the Maury County Circuit Court of eighteen offenses, including multiple counts of aggravated rape, rape, and incest, and received a total effective sentence of thirty years, six months to be served at one hundred percent. On appeal, the Defendant claims that the juvenile court erred by transferring him to circuit court to be tried as an adult, that the evidence is insufficient to support his convictions, and that his effective sentence is excessive. Based upon our review, we affirm the judgments of the trial court. |
Maury | Court of Criminal Appeals | |
Osayamien Ogbeiwi v. State of Tennessee
Petitioner, Osayamien Ogbeiwi, was convicted of first degree premeditated murder and was sentenced to life imprisonment. This court upheld Petitioner’s conviction on direct appeal. Petitioner subsequently filed a petition for post-conviction relief, alleging that he received ineffective assistance of counsel at trial and on appeal. Following a hearing, the post-conviction court denied the petition. On appeal, Petitioner maintains that his counsel was ineffective in (1) failing to challenge an expanded jury instruction on premeditation at trial and on appeal; (2) advising him to testify regarding self-defense and in failing to request a jury instruction on self-defense and in failing to challenge the lack of an instruction on appeal; and (3) failing to adequately challenge the admission of DNA evidence at trial and on appeal. Petitioner also maintains that he was denied due process due to the State’s failure to provide his capias in discovery during the post-conviction proceedings. Upon review, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Jeremy James Dalton
Defendant was convicted of attempted first degree murder and sentenced to forty years in incarceration after stabbing his neighbor, the victim, several times. Defendant represented himself at trial and now represents himself on appeal. He raises a variety of issues including: (1) whether the evidence was sufficient; (2) whether the trial court erred in admitting the preliminary hearing testimony of the victim; (3) whether the trial court erred in denying the motion to suppress; (4) whether the trial court should have granted a continuance; (5) whether the trial court erred in excluding a statement; (6) whether the trial court improperly allowed a witness to use a “script”; (7) whether the State violated Brady, Napue, or Giglio; (8) whether the State improperly used Defendant’s prior convictions for impeachment; (9) whether Defendant was denied access to court; (10) whether the trial court properly limited Defendant’s use of an intake video; (11) whether the trial court properly instructed the jury; (12) whether the State committed prosecutorial misconduct; (13) whether Defendant was denied compulsory process; (14) whether the trial court should have recused itself; (15) whether the appellate record was transmitted in error; (16) whether the sentence is excessive; and (17) whether cumulative error requires reversal of the conviction. Finding no error, we affirm the judgment of the trial court. |
Fentress | Court of Criminal Appeals |