Robert D. Palmer, Jr. Et Al. v. Wayne Eric Colvard Et Al.
E2018-00454-COA-R3-CV
Authoring Judge: Judge John W. McClarty
Trial Court Judge: Chancellor Pamela A. Fleenor

This case arises from the death of Robert D. Palmer, Sr. (“Decedent”). Prior to his death, Decedent entered into a contract with Wayne Eric Colvard and Wayne Eugene Colvard (collectively “Defendants”) for the sale of his tax preparation business. Decedent’s children, Robert Dean Palmer, Jr. and Suzanne Johnson (collectively “Plaintiffs”), filed suit against Defendants in their alleged capacities as personal representatives of Decedent’s estate for breach of contract, fraud, and unjust enrichment relating to the sale. The details of the complaint are not at issue in this appeal.

Hamilton Court of Appeals

State of Tennessee v. Austin Andrew Morse
M2018-00430-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge Steve R. Dozier

Defendant, Austin Andrew Morse, was indicted by the Davidson County Grand Jury for six counts of aggravated child abuse, four counts of aggravated child neglect, and four counts of aggravated child endangerment. Pursuant to a plea agreement, Defendant pleaded guilty to two counts of aggravated child neglect. The remaining counts were dismissed. It was agreed that Defendant’s sentences would be served concurrently with a 70 percent release eligibility date. The trial court would determine the length of the sentences. Following a sentencing hearing, the trial court imposed sentences of 19 and 21 years for Defendant’s convictions. In this appeal as of right, Defendant contends that the trial court abused its discretion in imposing the length of his sentences. Having reviewed the entire record and the briefs of both parties, we affirm the judgments of the trial court.

Davidson Court of Criminal Appeals

State of Tennessee v. Jordan Clayton, Carlos Stokes, and Branden Brookins
W2018-00386-CCA-R3-CD
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge James M. Lammey

Defendants, Jordan Clayton, Carlos Stokes, and Branden Brookins, were convicted of first degree murder, conspiracy to commit first degree murder, attempt to commit first degree murder, two counts of employing a firearm during the commission of a dangerous felony, and reckless endangerment after a jury found them guilty of the murder of a seven-year-old female child. Defendant Clayton was also convicted of being a felon in possession of a firearm. On appeal, Defendants challenge the trial court’s refusal to sever the cases for trial, the admissibility of a recording of a preliminary hearing and a written statement of a witness with memory loss, and the sufficiency of the evidence. We determine that the trial court did not abuse its discretion by denying a motion to sever or by admitting the preliminary hearing recording and written statement into evidence. Additionally, we determine that the evidence was sufficient to support the convictions. Consequently, we affirm the judgments of the trial court with respect to the convictions for first degree murder, attempted first degree murder, employing a firearm during the commission of a dangerous felony, and reckless endangerment. However, we reverse the judgments of the trial court with respect to the conspiracy to commit first degree murder convictions because the trial court improperly merged the conspiracy convictions with the first degree murder convictions. On remand, the trial court should reinstate the judgments for conspiracy to commit first degree murder.

Shelby Court of Criminal Appeals

State of Tennessee v. Shalonda Renee Pettus
M2018-01851-CCA-R3-CD
Authoring Judge: Judge J. Ross Dyer
Trial Court Judge: Judge Angelita Blackshear Dalton

The defendant, Shalonda Renee Pettus, entered an open plea to aggravated child neglect, and the trial court sentenced her to fifteen years’ incarceration in the Tennessee Department of Correction. On appeal, the defendant argues the trial court improperly weighed enhancement factor (1). After reviewing the record and considering the applicable law, we affirm the judgment of the trial court.

Davidson Court of Criminal Appeals

Amber Ada Hernandez v. David Alan Hernandez
W2018-01388-COA-R3-CV
Authoring Judge: Judge Thomas R. Frierson, II
Trial Court Judge: Judge Van D. McMahan

This appeal involves a petition for modification of a permanent parenting plan. The initial permanent parenting plan order was entered by the McNairy County General Sessions Court (“trial court”) in October 2006. In November 2016, the father filed a petition in the trial court, alleging that a material change in circumstance had occurred due to the mother’s having been charged with aggravated statutory rape. The father concomitantly filed a petition requesting a temporary injunction granting him “emergency custody” and suspending the mother’s co-parenting time. The mother filed a motion to dismiss the petitions, alleging that the trial court lacked subject matter jurisdiction because the parties and the child all resided outside of Tennessee. In December 2016, the trial court entered an “Order for Visitation,” inter alia, modifying the father’s holiday co-parenting time and directing that the mother’s co-parenting time be supervised by her stepmother. Following a bench trial, the trial court granted the mother’s motion to dismiss for lack of subject matter jurisdiction pursuant to Tennessee Code Annotated § 36-6-217 (2017) of the Uniform Child Custody Jurisdiction and Enforcement Act (“UCCJEA”). The father has appealed. We affirm with one modification to the final judgment to clarify that with the trial court’s dismissal of this action, the December 2016 temporary order was no longer of any effect.

McNairy Court of Appeals

Bernie Ray McGill v. State of Tennessee
E2018-01872-CCA-R3-PC
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge Bobby R. McGee

The Petitioner, Bernie Ray McGill, appeals the Knox County Criminal Court’s denial of his petition for post-conviction relief from his conviction of aggravated assault and tenyear sentence. On appeal, he contends that the post-conviction court erred by finding that his petition was barred by the statute of limitations because due process required that the statute of limitations be tolled. Based upon the record and the parties’ briefs, we affirm the judgment of the post-conviction court.

Knox Court of Criminal Appeals

Maurice Pinson v. David Kent DeBoer M.D. Et Al.
M2018-00593-COA-R3-CV
Authoring Judge: Judge Richard H. Dinkins
Trial Court Judge: Judge Kelvin D. Jones

Appeal of an award of discretionary costs to Defendants in healthcare liability action that had been voluntarily dismissed. The trial court initially awarded Defendants, inter alia, expert witness fees for medical providers who had treated Plaintiff, expenses for videotaped depositions, and costs for the travel time and deposition preparation time for Plaintiff’s vocational expert. On Plaintiff’s motion, the court modified the award to exclude videographer expenses, expenses attendant to the vocational expert’s deposition, and other court reporter expenses. We modify the award to exclude the witness fees for the providers who treated Plaintiff and to include the court reporter fee for the deposition of Plaintiff’s vocational expert; vacate the portion of the award that reduces the amount of court reporter fees and expenses and remand the case for reconsideration of the award; and reverse the order to the extent it requires the Plaintiff to post a bond or pay discretionary costs prior to re-filing the suit. 

Davidson Court of Appeals

The Parking Guys, Inc. v. Metropolitan Government Of Nashville & Davidson County, Tennessee Ex Rel Traffic & Parking Commission
M2018-01409-COA-R3-CV
Authoring Judge: Chief Judge D. Michael Swiney
Trial Court Judge: Chancellor William E. Young

This appeal concerns the denial of a valet parking permit. The Parking Guys, Inc. (“Parking Guys”) sought a permit for valet parking from the Traffic and Parking Commission (“the Commission”) of the Metropolitan Government of Nashville and Davidson County (“Metro”). Despite a study reflecting no traffic problems caused by Parking Guys’ activities, the Commission denied the permit. Parking Guys then filed a petition for common-law writ of certiorari in the Chancery Court for Davidson County (“the Trial Court”). The Trial Court found that, notwithstanding the study, the Commission’s decision was supported by material evidence including the firsthand observations of local business owners. The Trial Court also denied a petition to intervene filed by Linda Schipani (“Schipani”), an individual sued by Parking Guys in federal court for allegedly conspiring to deny the permit. Parking Guys appeals to this Court, as does Schipani still seeking to intervene. Parking Guys argues that the Commission’s decision was based on politics rather than material evidence. Schipani, for her part, argues she has a special interest in this case warranting her intervention because of the federal suit filed against her even though it has been dismissed. We hold that the Commission’s decision was supported by material evidence. We further find no reversible error in the Trial Court’s decision to deny Schipani’s motion to intervene. We affirm the judgment of the Trial Court. 

Davidson Court of Appeals

Toni Barrios, Et Al. v. Charlie Simpkins, Et Al.
M2018-00122-COA-R9-CV
Authoring Judge: Judge John W. McClarty
Trial Court Judge: Judge Philip E. Smith

The plaintiffs filed a complaint against the defendants for trespass and sought a declaration of the boundary line between the two properties, among other things. Following discovery, the defendants moved for summary judgment on the grounds that a prior case involving the plaintiffs and the prior owner of the defendants’ property had established the boundary line between the two properties. The trial court granted the defendants’ motion. The plaintiffs appeal. We reverse the court’s decision and remand for it to hear evidence and to establish the boundary line between the two properties.

Cheatham Court of Appeals

State of Tennessee v. Danny D. Keen
M2018-01152-CCA-R3-CD
Authoring Judge: Judge J. Ross Dyer
Trial Court Judge: Judge Brody N. Kane

A Wilson County jury convicted the defendant, Danny D. Keen, of aggravated robbery, and the trial court imposed a sentence of eight years in confinement. On appeal, the defendant challenges the sufficiency of the evidence to support his conviction. After reviewing the record and considering the applicable law, we affirm the judgment of the trial court.

Wilson Court of Criminal Appeals

State of Tennessee v. Charles Sinclair Hodge
M2018-01647-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge Mark J. Fishburn

A Davidson County Criminal Court Jury convicted the Appellant, Charles Sinclair Hodge, of aggravated assault resulting in death and criminally negligent homicide, and the trial court ordered him to serve two years in confinement for criminally negligent homicide and five years on supervised probation for aggravated assault after completing the two-year sentence. The trial court then merged the convictions. On appeal, the Appellant contends that the trial court’s sentencing him for both convictions and entering two separate judgments of conviction violate double jeopardy principles. Based upon the record and the parties’ briefs, we conclude that the trial court properly entered two separate judgments of conviction as required by our supreme court; however, the case must be remanded to the trial court because of errors in sentencing.

Davidson Court of Criminal Appeals

State of Tennessee v. Cedric Dante Harris
W2018-01571-CCA-R3-CD
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge Donald E. Parish

Defendant, Cedric Dante Harris, was convicted of possession of 0.5 grams or more of methamphetamine with intent to deliver, simple possession of marijuana, and tampering with evidence. He appeals, arguing that the evidence was insufficient to support his convictions. After carefully reviewing the record, we conclude that the evidence was sufficient. Accordingly, the judgments of the trial court are affirmed.

Carroll Court of Criminal Appeals

State of Tennessee v. Bobby Lewis Parks
W2018-01761-CCA-R3-CD
Authoring Judge: Judge J. Ross Dyer
Trial Court Judge: Judge Donald H. Allen

The defendant, Bobby Lewis Parks, entered an open plea to two counts of sale of 0.5 grams or more of cocaine, two counts of delivery of 0.5 grams or more of cocaine, one count of sale of less than 0.5 grams of cocaine, and one count of delivery of less than 0.5 grams of cocaine. The trial court sentenced the defendant to an effective sentence of thirty years’ incarceration in the Tennessee Department of Correction. On appeal, the defendant argues the sentence imposed by the trial court was excessive. After reviewing the record and considering the applicable law, we affirm the judgments of the trial court.

Madison Court of Criminal Appeals

State of Tennessee v. Kelvin Dewayne Golden
W2018-01477-CCA-R3-CD
Authoring Judge: Judge J. Ross Dyer
Trial Court Judge: Judge Roy B. Morgan, Jr.

A Madison County jury convicted the defendant, Kelvin Dewayne Golden, of aggravated sexual battery, and the trial court imposed a sentence of ten years’ confinement. On appeal, the defendant challenges the sufficiency of the evidence to support his conviction and argues the sentence imposed by the trial court was excessive. After reviewing the record and considering the applicable law, we affirm the judgment of the trial court.

Madison Court of Criminal Appeals

State of Tennessee v. Luis A. Meza Olivera
E2017-01871-CCA-R3-CD
Authoring Judge: Judge D. Kelly Thomas, Jr.
Trial Court Judge: Judge Lisa Rice

The Defendant, Luis A. Meza Olivera, was convicted by a jury of two counts of aggravated assault, a Class C felony; and three counts of aggravated kidnapping, a Class B felony. See Tenn. Code Ann. §§ 39-13-102, -304. The trial court merged the convictions into one count of aggravated assault and one count of aggravated kidnapping. The trial court then imposed a total effective sentence of twelve years. On appeal, the Defendant contends that (1) the evidence was insufficient to sustain his convictions; (2) the trial court erred in admitting evidence of three prior incidents of domestic violence involving the Defendant and the victim; (3) the trial court erred in allowing a child witness to testify by closed circuit television; (4) the trial court erred in excluding a video recording taken after the offenses were committed; (5) the trial court abused its discretion by imposing the maximum sentence for each conviction; and (6) a new trial is warranted due to cumulative error.1 Following our review, we affirm the judgments of the trial court.

Washington Court of Criminal Appeals

Eric Thomas v. State of Tennessee
M2018-01153-CCA-R3-HC
Authoring Judge: Judge D. Kelly Thomas, Jr.
Trial Court Judge: Judge Monte D. Watkins

The Petitioner, Eric Thomas, appeals the Davidson County Criminal Court’s denial of his third petition for habeas corpus relief challenging his 1999 convictions for robbery and the resulting thirty-two-year and one-day sentence. He contends that he is being illegally detained because amended judgments of convictions were never entered following resentencing and that absent entry of valid judgment forms imposing his restraint, his six-year sentences have expired. The habeas corpus court concluded that the Petitioner had failed to state a cognizable claim for relief. We affirm.

Davidson Court of Criminal Appeals

Felicitas Hayes v. Christopher Daniel Scoggin
W2019-00057-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Chancellor Jim Kyle

Mother and father were divorced in 2013. They have four children together. Disputes regarding child custody have spanned four states and nearly six years. In this iteration, on June 9, 2017, mother filed a “Petition to Enroll Foreign Decree, For Immediate Injunctive Relief, for Sciare Facias, and Citation for Criminal and Civil Contempt, for Modification of Custody Order, and for Entry of Temporary Parenting Plan.” In his answer, father requested that, pursuant to Tenn. Code Ann. § 36-5-103(c), he be reimbursed for the attorney’s fees incurred as a result of defending against mother’s petition. After nine months of litigation, mother voluntarily dismissed her petition without prejudice. As a result of mother’s voluntary dismissal prior to trial, father’s claim for attorney’s fees was not resolved. Following mother’s dismissal, another dispute arose regarding summer custody. On April 20, 2018, father filed a petition to resolve the summer custody issue; it was resolved by a consent order. Following the consent order, father filed a petition to recover the attorney’s fees and costs incurred in defending against mother’s voluntarily dismissed petition. Mother moved to dismiss father’s petition alleging that res judicata precluded father from seeking to recover his attorney’s fees in that matter, because he did not raise the issue in his summer custody petition. The trial court disagreed. Mother applied for an interlocutory appeal; this Court denied her application. The trial court subsequently awarded father $11,963.08 in attorney’s fees and costs. Mother appeals. We affirm.

Shelby Court of Appeals

Dean Smith v. Tennessee Board of Paroles
M2018-01354-COA-R3-CV
Authoring Judge: Judge John W. McClarty
Trial Court Judge: Chancellor Russell T. Perkins

This appeal concerns an incarcerated inmate’s filing of a petition for writ of certiorari, claiming that the Tennessee Board of Paroles acted arbitrarily, fraudulently, illegally, and in excess of its authority in denying his request for parole. The trial court granted the petition but ultimately affirmed the denial of parole. We affirm.

Davidson Court of Appeals

Melanie Robertson, et al. v. Tennessee Secondary School Athletic Association
W2019-00015-COA-R3-CV
Authoring Judge: Judge Kenny Armstrong
Trial Court Judge: Chancellor Jim Kyle

Based on its bylaws, Appellant Tennessee Secondary School Athletic Association denied three students, Appellees herein, permission to play football at a local high school. Appellees filed a petition for restraining order and for temporary and permanent injunctions asking the trial court to prohibit the Association from denying the Students permission to play football. The trial court immediately granted temporary injunctions; later, the trial court granted permanent injunctions. Appellant appeals. Based on the allegations contained in Appellees’ petition, the trial court did not have authority to interfere in the internal affairs of TSSAA concerning the Students’ eligibility to play football for the 2018-2019 school year. Therefore, we reverse and remand the case with instructions to the trial court to dismiss the case and collect the costs.

Shelby Court of Appeals

State of Tennessee v. Darryl Rene Morgan
E2018-00916-CCA-R3-CD
Authoring Judge: Judge Robert H. Montgomery, Jr.
Trial Court Judge: Judge G. Scott Green

The State of Tennessee appeals the Knox County Criminal Court’s order granting the Defendant’s motion to suppress, which resulted in the dismissal of the case. On appeal, the State contends that the trial court erred because the warrantless search of the Defendant was conducted pursuant to probable cause and exigent circumstances. We affirm the judgment of the trial court.

Knox Court of Criminal Appeals

State of Tennessee v. Darryl Rene Morgan - dissenting
E2018-00916-CCA-R3-CD
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge G. Scott Green

I respectfully disagree with the majority’s decision to affirm the trial court’s order of suppression of evidence. In particular, I would not have reviewed a theory of exigent circumstances in determining that the warrantless search of the defendant’s person was illegal. Rather, I believe that the search-incident-to-arrest rationale undergirds the search in this case and requires a reversal of the trial court’s ruling.

Knox Court of Criminal Appeals

Wayne Jones, Jr. Et Al. v. State of Tennessee
M2017-02198-COA-AR3-CV
Authoring Judge: Judge W. Neal McBrayer
Trial Court Judge: Commissioner Robert N. Hibbett

This wrongful death action arises from the tragic death of a state university student-athlete during football practice. The student’s parents filed a claim against the State of Tennessee in the Tennessee Claims Commission. After a trial, the Commissioner found that the parents had failed to prove by a preponderance of the evidence that: (1) the head athletic trainer violated the applicable standard of care after the student’s collapse; (2) the trainer’s negligence was the cause in fact of the student’s death; and (3) the university was otherwise negligent in caring for the student after his collapse. Because the evidence does not preponderate against the Commissioner’s causation findings, we affirm.

Court of Appeals

Morristown Heart Consultants, PLLC et al. v. Pragnesh Patel, M.D.
E2018-01590-COA-R9-CV
Authoring Judge: Judge D. Michael Swiney
Trial Court Judge: Judge Robert E. Lee Davies

We granted this Tennessee Rule of Appellate Procedure 9 interlocutory appeal to consider whether the Trial Court erred in ordering disclosure of the representation file maintained by attorney Troy L. Bowlin, II, during his representation of Morristown Heart Consultants, PLLC (“MHC”) to a member of MHC. We find and hold that the Trial Court did not err in determining that MHC had not properly authorized the hiring of Mr. Bowlin and that attorney-client privilege did not apply to prevent disclosure of Mr. Bowlin’s legal file to a member of MHC with fifty percent financial rights and thirty-three percent governing rights to the company. We, therefore, affirm the Trial Court’s order permitting the member to acquire Mr. Bowlin’s legal file concerning MHC and conduct relevant discovery concerning that representation.

Hamblen Court of Appeals

Metropolitan Government Of Nashville And Davidson County Ex Rel. State of Tennessee v. Delinquent Taxpayers As Shown On The 2011 Real Property Tax Records Of The Metropolitan Government of Nashville And Davidson County, Tennessee
M2018-00357-COA-R3-CV
Authoring Judge: Judge Thomas R. Frierson, II
Trial Court Judge: Chancellor Ellen H. Lyle

This case involves a dispute regarding a trial court’s assessment of interest on a parcel of real property subject to a redemption action. The trial court required the redeeming party to pay interest to the tax sale purchasers for the time that elapsed during the redemption proceedings. The redeeming party appealed the trial court’s application of interest to any period after the redeeming party had filed its notice of redemption. Following our thorough review of this issue, we agree that assessment of interest beyond the date of the filing of redemption notice was improper. We therefore reverse the trial court’s assessment of interest and modify the trial court’s judgment accordingly.

Davidson Court of Appeals

Patricia Randolph v. White County, Tennessee, Et Al.
M2018-01496-COA-R3-CV
Authoring Judge: Judge Richard H. Dinkins
Trial Court Judge: Judge Larry B. Stanley, Jr.

A mother brought suit against White County and its Sheriff for negligent infliction of emotional distress arising out of a situation in which the Sheriff erroneously informed the mother that her son had been shot and killed by deputies. The trial court dismissed the suit, ruling that the Sheriff was immune from suit under the Governmental Tort Liability Act and White County was immune from suit by application of the public duty doctrine. Mother appeals, asserting that neither defendant is immune from suit. Finding no error, we affirm the judgment.

White Court of Appeals