Erroll Sherrod v. Smith & Nephew, Inc.
W2021-00935-COA-R3-CV
Authoring Judge: Judge Kenny Armstrong
Trial Court Judge: Judge Mary L. Wagner

This products-liability case is dismissed with prejudice on the parties’ joint stipulation of
dismissal.

State of Tennessee v. William Timothy Kirk
M2022-01334-CCA-R3-CD
Authoring Judge: Judge Matthew J. Wilson
Trial Court Judge: Judge Barry R. Tidwell

Defendant, William Timothy Kirk, pleaded guilty to driving under the influence (DUI), first offense. The trial court sentenced Defendant to a term of eleven months, twenty-nine days in confinement, to be served at seventy-five percent. The trial court ordered the DUI sentence to be served consecutively to the life sentence for which Defendant was on parole at the time of the offense. On appeal, Defendant argues the trial court abused its discretion by imposing consecutive sentences. After review, we affirm the judgment of the trial court.

Jessica Garvin v. Mariah Shelton
E2022-01258-COA-R3-CV
Authoring Judge: Judge D. Michael Swiney
Trial Court Judge: Chancellor Clarence E. Pridemore, Jr.

The plaintiff filed a complaint for a restraining order against the defendant, the wife of the
plaintiff’s ex-husband. The plaintiff sought a restraining order because the defendant
requested to “add” or “friend” plaintiff’s co-workers and manager on certain social media
applications. The trial court entered an ex parte temporary restraining order and, after
conducting a hearing, extended the temporary restraining order for one year. Following
our review of the record, we conclude that the plaintiff presented insufficient evidence to
establish that she would suffer immediate and irreparable harm absent a restraining order
against the defendant or any other facts that would otherwise constitute a cause of action.
We therefore reverse and vacate the one-year restraining order.

State of Tennessee v. Darren Marion Little
M2022-00738-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Forest A. Durard, Jr.

The Defendant, Darren Marion Little, pleaded guilty to two counts of violating the Sex Offender Registry and one count of possessing a prohibited weapon. The trial court sentenced the Defendant as a Range III offender to an effective sentence of ten years of incarceration. On appeal, the Defendant contends, and the State concedes, that the trial court erred when it classified him as a Range III offender. After review, we agree with the parties. We reverse the trial court’s judgment and remand the case for resentencing.

State of Tennessee v. Theodore Devon Wells
M2022-00512-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Forest A. Durard, Jr.

A Lincoln County jury convicted the Defendant, Theodore Devon Wells, of sale of a Schedule II narcotic, cocaine, and delivery of a Schedule II narcotic, cocaine. The trial court sentenced the Defendant as a Range III offender to twenty-eight years. On appeal, the Defendant contends that the evidence is insufficient to support his convictions and that the trial court erroneously admitted certain items of evidence. He further contends that his Sixth Amendment right of confrontation was violated. Finally, he contends that the trial court erred when it sentenced him. After review, we affirm the trial court’s judgments.

In Re Estate of Dariel Blackledge Washington
M2022-01326-COA-R3-CV
Authoring Judge: Judge Kenny Armstrong
Trial Court Judge: Judge Andra J. Hedrick

Decedent’s siblings filed a document they alleged to be decedent’s last will and testament. Decedent’s husband, the personal representative of her estate, moved to declare the alleged will invalid for lack of an effective signature. The trial court concluded that the will was ineffective due to the lack of decedent’s signature, and declined to admit it to probate. Discerning no error, we affirm.

State of Tennessee v. Chris M. Jones
W2023-00141-CCA-R3-CD
Authoring Judge: Judge Jill Bartee Ayers
Trial Court Judge: Judge Chris Craft

Pro-se petitioner, Chris M. Jones, appeals the Shelby County Criminal Court’s denial of
his “Rule 36 Plain Error Motion for New Trial.” Following our review of the entire record
and the briefs of the parties, we affirm the judgment of the trial court.

In Re Charlee N. et al.
M2022-01686-COA-R3-PT
Authoring Judge: Judge Arnold B. Goldin
Trial Court Judge: Judge Daryl A. Colson

This is a termination of parental rights case. The trial court terminated the parental rights of the parents to two children, finding that there was clear and convincing evidence as to both parents regarding the ground of severe child abuse and that termination of the parents’ rights was in the children’s best interest. Having carefully reviewed the record, we affirm.

In Re Serenity S. et al.
M2022-01091-COA-R3-PT
Authoring Judge: Judge Kristi M. Davis
Trial Court Judge: Judge Stella L. Hargrove

Heather B. ¹ (“Mother”) and John S., III (“Father”) are the biological parents of Serenity S. Mother and Raymond R. are the biological parents of Harmony R., Mellody O., and Angel O. Tina S. (“Grandmother”) and John S., Jr. (“Grandfather” or, together with Grandmother, “Petitioners”) petitioned the Chancery Court for Giles County (the “trial court”) for termination of Mother’s and Raymond R.’s parental rights in April of 2021 and for adoption of the children. Father voluntarily surrendered his parental rights as to Serenity S. As for the grounds for termination, Petitioners alleged: substantial noncompliance with the permanency plan, persistence of conditions, and failure to manifest an ability and willingness to personally assume legal and physical custody of the children. Following a bench trial, the trial court concluded that Petitioners proved all three statutory grounds for termination and that termination was in the Children’s best interests. Mother appeals to this Court. Having reviewed the record, we conclude that the trial court’s order must be vacated and remanded. Because Petitioners proved no statutory grounds for termination by clear and convincing evidence, we need not consider whether termination of Mother’s parental rights is in the Children’s best interests.

Mazie F. White v. Thomas Gray Miller
M2021-01189-COA-R3-JV
Authoring Judge: Judge Jeffrey Usman
Trial Court Judge: Judge Sharon Guffee

The trial court found Father to be willfully underemployed and imputed income to him for calculation of child support. Mother appeals the juvenile court’s determination, arguing the trial court erred as to the amount of income imputed to Father for the purposes of setting child support and also as to its determination of the amount of retroactive support. We affirm the trial court’s income imputation. However, we conclude the trial court erred in its calculation of retroactive support owed by Father. Therefore, this Court affirms the judgment of the trial court in part and reverses in part.

State of Tennessee v. Thakelyn J. Tate
E2022-00601-CCA-R3-CD
Authoring Judge: Judge Robert H. Montgomery, Jr.
Trial Court Judge: Judge Kyle A. Hixson

The Defendant, Thakelyn J. Tate, was convicted by a jury of conspiracy to possess more
than twenty-six grams of cocaine with the intent to sell or deliver in a drug-free zone.
See T.C.A. §§ 39-17-417(c) (2018) (subsequently amended) (possession of a controlled
substance) (2018), 39-17-432 (2018) (subsequently amended) (drug-free zone), 39-12-
103 (2018) (conspiracy). The jury likewise determined that the Defendant committed a
criminal gang offense, enhancing the felony classification of the conviction. See id. § 40-
35-121 (2019). The court imposed a fifteen-year sentence. On appeal, the Defendant
contends that the evidence is insufficient to support the criminal gang enhancement. We
affirm the judgment of the trial court.

State of Tennessee v. Durrell James a/k/a James Durrell
W2022-01204-CCA-R3-CD
Authoring Judge: Judge Jill Bartee Ayers
Trial Court Judge: Judge Jennifer Johnson Mitchell

Defendant, Durrell James a/k/a/ James Durrell, was convicted by a Shelby County Jury of
three counts of aggravated stalking (Counts 1 through 3) and one count of stalking (Count
4). The trial court imposed a four-year sentence for each count of aggravated stalking in
Counts 1 through 3, and eleven months, twenty-nine days for stalking in Count 4. The trial
court further ordered that the sentence in Count 2 be served consecutively to Count 1 and
concurrently with the sentences in Counts 3 and 4 for an effective eight-year sentence as a
Range II multiple offender to be served in a local workhouse. On appeal, Defendant argues
that the evidence was insufficient to support his convictions. Following our review of the
entire record and the briefs of the parties, we affirm the judgments of the trial court but
remand for correction of a clerical error on the judgment form for Count 2 to reflect that it
is to be served consecutively to Count 1 and concurrently with Counts 3 and 4.

State of Tennessee v. Jermaine R. Carpenter
E2022-01352-CCA-R3-CD
Authoring Judge: Judge Kyle A. Hixson
Trial Court Judge: Judge James F. Goodwin, Jr.

The Defendant, Jermaine R. Carpenter, appeals the trial court’s summary dismissal of his
second motion to correct an illegal sentence pursuant to Tennessee Rule of Criminal
Procedure 36.1. Following our review, we affirm the judgment of the trial court pursuant
to Rule 20 of the Rules of the Court of Criminal Appeals.

Edgar Bailey, Jr. v. State of Tennessee
E2022-01302-CCA-R3-PC
Authoring Judge: Judge Robert H. Montgomery, Jr.
Trial Court Judge: Judge Thomas C. Greenholtz

The Petitioner, Edgar Bailey Jr., appeals from the Hamilton County Criminal Court’s
denial of his petition for post-conviction relief from his convictions for first degree felony
murder, setting fire to personal property, and three counts of aggravated assault. The
Petitioner is serving an effective life sentence. On appeal, the Petitioner contends that: (1)
the post-conviction court erred when it denied relief under the Post-Conviction DNA
Analysis Act of 2001 (the DNA Act), Tennessee Code Annotated sections 40-30-301 to -
313 (2018), and (2) the Petitioner is entitled to relief under the cumulative error doctrine.
We affirm the judgment of the post-conviction court.

James William Mabe v. State of Tennessee
M2022-01242-CCA-R3-PC
Authoring Judge: Judge Jill Bartee Ayers
Trial Court Judge: Judge Larry B. Stanley, Jr.

Petitioner, James William Mabe, appeals the denial of his post-conviction petition, arguing that the post-conviction court erred in denying his petition alleging ineffective assistance of counsel at trial. Following our review of the entire record and the briefs of the parties, we affirm the judgment of the post-conviction court.

State of Tennessee v. Cededrick Ivory a/k/a Cederick Ivory
W2022-00843-CCA-R3-CD
Authoring Judge: Presiding Judge Camille R. McMullen
Trial Court Judge: Judge J. Robert Carter, Jr.

The Defendant-Appellant, Cededrick Ivory, was indicted by a Shelby County Grand Jury
for first-degree premeditated murder in the shooting death of Anthony Travis (count one),
the attempted first-degree murder of Malik Muhammad (count two), and unlawful
employment of a firearm during the commission of first-degree murder (count three). Prior
to trial, the State dismissed counts two and three. The Appellant was convicted as charged
by a Shelby County jury of first-degree premediated murder (count one) and sentenced to
life in prison. In this appeal as of right, he raises the following issues for our review: (1)
whether the evidence is sufficient to support his conviction of first-degree premeditated
murder; (2) whether the trial court erred in refusing to instruct the prosecutor to correct the
testimony of a state witness; and (3) whether the trial court erred in excluding the dates of
prior charged offenses during the cross-examination of two state witnesses. Upon our
review, we must remand this case for entry of separate judgment forms reflecting a
dismissal of counts two and three. In all other respects, we affirm the judgment of the trial
court.

In Re Michael C. Et Al.
E2022-01063-COA-R3-PT
Authoring Judge: Judge Jeffrey Usman
Trial Court Judge: Judge Marie Williams

The appellant challenges the trial court’s termination of her parental rights. The trial court
found that clear and convincing evidence established four grounds for termination of
parental rights including (1) abandonment by failure to visit; (2) persistent conditions; (3)
substantial noncompliance with the permanency plan; and (4) failure to manifest an ability
and willingness to assume custody. The trial court also found clear and convincing
evidence established that termination was in the children’s best interests. The appellant
challenges the trial court’s findings as to both the existence of grounds for termination and
the conclusion that termination was in the best interests of the children. We affirm.

In Re Zoey L.
E2022-01067-COA-R3-PT
Authoring Judge: Judge Jeffrey Usman
Trial Court Judge: Judge William Talley Ridley

In a private petition for terminationof parental rights, the petitioner alleged multiple grounds for termination: (1) abandonment for failure to visit; (2) abandonment for failure to support; and (3) failure to manifest an ability and willingness to assume custody. The trial court found the Father’s parental rights should be terminatedbased upon thesethree groundsand that termination was in the child’s best interest. We affirm the trial court’s ruling as to the termination grounds of abandonment by failure to visit and failure to support. Because the trial court did not make findings of factconcluding that placing legal and physical custody withFather would pose a risk of substantial harm tothe physical or psychological welfare of the child, we must vacatethe trial court’s ruling as to the failure to manifest an ability and willingness to assume custody ground. We affirm the trial court’s conclusionthat termination of Father’s parental rights is in the best interest of the child.

Pam Holzmer v. The Estate of James F. Walsh, Jr.
M2022-00616-COA-R3-CV
Authoring Judge: Judge Andy D. Bennett
Trial Court Judge: Judge Joseph P. Binkley, Jr.

This is an appeal from a jury verdict awarding damages to a plaintiff injured in a car accident. The plaintiff asserts that the trial court erred in excluding evidence of her medical bills. Because the plaintiff failed to present expert proof that her medical expenses were necessary, we find that the trial court did not abuse its discretion in excluding the bills. The jury verdict is affirmed.

Daniel Harvey, et al. v. Shelby County, Tennessee, et al.
W2022-00683-COA-R3-CV
Authoring Judge: Judge Carma Dennis McGee
Trial Court Judge: Judge Rhynette N. Hurd

Plaintiffs filed this inverse condemnation suit against numerous defendants, alleging that
their involvement with a construction project on an interstate highway resulted in increased
surface waters and flooding of Plaintiffs’ home and property. The trial court dismissed all
of the claims at various stages of the litigation. In a prior appeal, this Court affirmed the
dismissal of multiple claims, but we vacated the trial court’s grant of judgment on the
pleadings for two defendants because the trial court’s order stated that its decision was
based on “the entire record” and cited an exhibit to the complaint. See Harvey v. Shelby
Cnty., No. W2018-01747-COA-R3-CV, 2019 WL 3854297, at *4-6 (Tenn. Ct. App. Aug.
16, 2019). We remanded for consideration pursuant to Tennessee Rule of Civil Procedure
56. Id. at *6. After some limited discovery on remand, the trial court granted motions for
summary judgment filed by the two remaining defendants. Plaintiffs appeal. We reverse
and remand for further proceedings consistent with this opinion.

Nikita R. Thomas v. Donald L. Smith
E2022-00964-COA-R3-CV
Authoring Judge: Judge Thomas R. Frierson II
Trial Court Judge: Chancellor Ronald Thurman

In this real property dispute, the petitioner brought an action to quiet title to and remove
the respondent from a parcel of improved real property located in Cumberland County.
Following a bench trial, the trial court ordered that the title of the property be fully vested
in the petitioner. The trial court also ordered the respondent to vacate the premises within
ten days. Following a damages hearing, the trial court entered an order awarding to the
petitioner $8,000 in compensatory damages and $1,000 in attorney’s fees. The
respondent has appealed, and the petitioner has raised an issue alleging that this is a
frivolous appeal. Because we are unable to discern from the trial court’s judgment any
consideration of the Tennessee Supreme Court Rule 8, Rule of Professional Conduct 1.5
factors (“RPC 1.5 factors”), we vacate the award of attorney’s fees and remand for the
trial court to make a new determination of a reasonable attorney’s fee award to the
petitioner based on the RPC 1.5 factors. We deny the petitioner’s request for damages on
appeal. We affirm the trial court’s judgment in all other respects.

Lynne S. Cherry et al. v. Del Frisco’s Grille of Tennessee, LLC et al.
M2022-00969-COA-R10-CV
Authoring Judge: Judge Arnold B. Goldin
Trial Court Judge: Judge Michael Binkley

In this premises liability case concerning a customer’s fall inside of a restaurant, video surveillance footage from a security camera in the restaurant was not preserved, precipitating the filing of a sanctions motion by the Plaintiffs for spoliation. Although several sources of evidence existed pertaining to the condition of the restaurant flooring where the customer fell, and although the trial court concluded that the Plaintiffs were not prevented from proving fault in this case in the absence of the video evidence, the trial court ultimately entered significant sanctions against the Defendants, including holding that it was conclusively established for purposes of trial that the Defendants had actual or constructive notice that the floor where the fall occurred was “slick” because of a substance or because of a general and continuing condition, as well as striking the Defendants’ affirmative defenses of comparative fault. Upon the filing of an application by the Defendants, we granted an extraordinary appeal under Rule 10 of the Tennessee Rules of Appellate Procedure. For the reasons stated herein, we vacate the trial court’s sanctions order and remand for further proceedings consistent with this Opinion.

Heather R. Wilder v. Joseph C. Wilder
E2022-00990-COA-R3-CV
Authoring Judge: Judge D. Michael Swiney
Trial Court Judge: Judge Gregory S. McMillan

This appeal concerns a long-running domestic matter. Heather R. Wilder (“Mother”) and
Joseph C. Wilder (“Father”) were issued a final judgment of divorce by the Circuit Court
for Knox County (“the Trial Court”) in 2010. Issues concerning child support have
persisted since then. In the most recent chapter, the Trial Court allowed Mother’s attorney
to withdraw five days before trial but denied her request for a continuance. The Trial Court
subsequently entered its final order. Mother appeals. We find that the Trial Court abused
its discretion in denying Mother a reasonable continuance. We vacate the Trial Court’s
judgment and remand for a new trial to be conducted after Mother has had a reasonable
continuance in which to try to retain counsel or otherwise prepare for trial pro se.

Kim Renae Nelson v. Loring E. Justice
E2021-01398-COA-R3-JV
Authoring Judge: Judge Kenny Armstrong
Trial Court Judge: Senior Judge William B. Acree

The trial court found Appellant/Father in civil contempt for alleged failure to comply with discovery propounded by Appellee/Mother. The trial court also dismissed Father’s petition to modify visitation and child support on the ground that Father’s petition constituted an abusive civil lawsuit. We reverse the trial court’s findings of civil contempt and abusive civil lawsuit. However, because the parties’ child has reached majority, we conclude that Father’s petition to modify is moot. Therefore, we affirm the trial court’s dismissal of Father’s petition on the ground of mootness.

Yakima Marks Green v. Derrick Lamar Green
M2021-00955-COA-R3-CV
Authoring Judge: Judge W. Neal McBrayer
Trial Court Judge: Judge Phillip R. Robinson

A father petitioned to change the primary residential parent and for immediate physical custody of his child based on the mother’s allegedly inappropriate behavior. The court granted Father an ex parte order of immediate physical custody. At the show cause hearing, the court determined that the mother had engaged in a pattern of emotional abuse of the father and the child such that her parenting time should be limited. After a final hearing on the father’s petition, the court found a material change of circumstances had occurred and that it was in the child’s best interest to modify the permanent parenting plan. The court then adopted a modified parenting plan that named the father the primary residential parent and limited the mother’s parenting time. Discerning no abuse of discretion, we affirm.