Opinions

Pamela Salas c. John David Rosdeutscher, M.D. et al.
M2025-00244-COA-R9-CV
Authoring Judge: Judge Andy D. Bennett
Trial Court Judge: Judge Lynne T. Ingram

The trial court granted the plaintiff’s motion to voluntarily dismiss her health care liability action against two defendants but retained jurisdiction to determine whether or not to award sanctions against the plaintiff’s attorneys. More than one year after the trial court entered the order of voluntary dismissal, but less than one year after the court entered an order on the sanctions issue, the plaintiff refiled her health care liability claims. The defendants filed a motion to dismiss, arguing that the plaintiff failed to refile her action within one year from the date the order of voluntary dismissal was entered. The trial court denied the motion based, in part, on its determination that the one-year statute of limitations did not commence until the date the sanctions order was entered because the first action did not conclude until then. Because we have determined that the one-year statute of limitations commenced on the date the court entered the order of voluntary dismissal, we reverse the trial court’s decision and remand for entry of an order granting the motion to dismiss.

State of Tennessee v. Joseph Eugene Chestnut, Jr.
M2025-00747-CCA-R3-CD
Authoring Judge: Judge Steven W. Sword
Trial Court Judge: Judge Brody N. Kane

The Defendant, Joseph Eugene Chestnut, Jr., was convicted by a Macon County jury of one count of first degree premeditated murder and four counts of aggravated cruelty to animals.  The trial court imposed an effective sentence of life imprisonment.  On appeal, the Defendant claims that the trial court erred by denying his motion to suppress the firearm seized during the warrantless search of his vehicle and that the evidence of premeditation is insufficient to support his conviction of first degree murder.  Following our review and pursuant to Tennessee Rule of Criminal Procedure 36, we remand for entry of a corrected judgment in Count One to correct a clerical error.  Otherwise, we affirm the judgments of the trial court.

The Metropolitan Government of Nashville and Davidson County, Tennessee v. Awil Abdi
M2025-01556-COA-R3-CV
Authoring Judge: Judge Andy D. Bennett
Trial Court Judge: Judge Stanley F. LaDuke

A driver appeals the circuit court’s decision that he violated an ordinance by committing careless driving. We affirm.

State of Tennessee v. Brian Phillips
E2025-00994-CCA-R3-CD
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge G. Scott Green

This single appeal asks this Court to review the trial court’s sentencing and
consequence determinations at Defendant’s, Brian Phillips, combined violation of
probation and sentencing hearing in two separate matters. Defendant challenges the trial
court’s denial of alternative sentencing following his guilty pleas to two counts of
aggravated assault and one count of evading arrest in case number 130233 and violation of
probation in case number 120731. Because the trial court did not abuse its discretion, we
affirm.

Javarius Deshawn Baugh v. State of Tennessee
M2025-01279-CCA-R3-PC
Authoring Judge: Judge Matthew J. Wilson
Trial Court Judge: Judge Steve R. Dozier

A Davidson County jury convicted Petitioner, Javarius Deshawn Baugh, of first degree premeditated murder and unlawful possession of a firearm by a convicted felon, for which he received an effective life sentence. Petitioner now appeals the denial of his petition for post-conviction relief, arguing that trial counsel rendered ineffective assistance. Following our review, we affirm the judgment of the post-conviction court.

AHA Mechanical Contractors, LLC v. Shelby County Board of Education
W2025-01107-COA-R3-CV
Authoring Judge: Judge Steven W. Maroney
Trial Court Judge: Chancellor Melanie Taylor Jefferson

This appeal requires us to determine whether the trial court erred in granting Appellee/Shelby County Board of Education’s motion for summary judgment on its breach of contract claim against Appellant/Contractor. Because disputes of material fact and ambiguities arising therefrom exist, the trial court’s grant of summary judgment is reversed.

Hannah Louise Russell v. Tyler Patrick Russell
W2024-01135-COA-R3-CV
Authoring Judge: Judge Valerie L. Smith
Trial Court Judge: Judge Carol J. Chumney

This appeal arises from a divorce case following a marriage of short duration. Husband
appeals the trial court’s award of transitional alimony and attorney’s fees as alimony in
solido to Wife. We affirm the award of transitional alimony, vacate the award of attorney’s
fees, and remand.

State of Tennessee v. John Jay Starnes
M2025-00802-CCA-R3-CD
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge Ashleigh L. Travis

John Jay Starnes, Defendant, was convicted following a bench trial of two counts of unlawfully and negligently placing a child in imminent danger in violation of Tennessee Code Annotated section 39-15-401(d)(2022). Defendant argues that the trial court erred by denying diversion and by imposing a split-confinement sentence of eleven months and twenty-nine days, suspended to probation after service of thirty days in jail. Following a thorough review of the record and applicable law, we affirm the judgment of the trial court.

ROSARIO MORA v. ALBERTO MORA
E2026-01000-COA-T10B-CV
Authoring Judge: Judge Kristi M. Davis
Trial Court Judge: Chancellor Suzanne Cook

This is an accelerated interlocutory appeal as of right filed pursuant to Tennessee Supreme
Court Rule 10B. The appellant failed to attach a copy of the order denying his recusal
motions to his petition for recusal appeal, and the appeal is hereby dismissed.

DANIEL JOSEPH WILLIAMS v. TENNESSEE DEPARTMENT OF SAFETY AND HOMELAND SECURITY
E2025-00793-COA-R3-CV
Authoring Judge: Judge Thomas R. Frierson
Trial Court Judge: Chancellor Deborah C. Stevens

The petitioner filed a petition seeking judicial review of certain interlocutory decisions
made by an administrative law judge during forfeiture proceedings conducted by the
Tennessee Department of Safety and Homeland Security. The petitioner also raised
constitutional issues that had not been raised during the agency proceedings. The trial court
determined that it did not possess subject matter jurisdiction to review the interlocutory
agency decisions or other constitutional issues raised for the first time in the petition for
judicial review. The petitioner has appealed. Discerning no reversible error, we affirm.

State of Tennessee v. Travarius Dewayne Houston
M2025-00826-CCA-R3-CD
Authoring Judge: Presiding Judge Robert W. Wedemeyer
Trial Court Judge: Judge Steve R. Dozier

After a bench trial, the trial court convicted the Defendant, Trevarius Dewayne Houston, of two counts of assault against a law enforcement officer, one count of retaliation for past action, one count of theft of merchandise, and one count of resisting arrest. The trial court sentenced the Defendant to serve a total effective sentence of two years, suspended to a year of probation. On appeal, the Defendant asserts that: (1) the evidence is insufficient to support his convictions; and (2) the State committed prosecutorial misconduct during closing argument. After review, we reverse the trial court’s judgments in Count 1 and Count 3 and affirm the remaining judgments.

State of Tennessee v. Kenneth Ray Smotherman, II
W2025-00458-CCA-R3-CD
Authoring Judge: Presiding Judge Robert W. Wedemeyer
Trial Court Judge: Judge Bruce I. Griffey

In 2023, a Benton County jury convicted the Defendant, Kenneth Ray Smotherman, II, of
the sale of .5 grams or more of methamphetamine. The trial court sentenced the Defendant
as a career offender to thirty years of confinement, to be served at 60%. On appeal, the
Defendant contends that the evidence is insufficient to support his conviction and that the
trial court erred when it did not instruct the jury on facilitation or casual exchange as lesser-included
offenses. After review, we affirm the trial court’s judgment.

State of Tennessee v. Amory K. Collins
E2025-00883-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Steven W. Sword

A Knox County jury convicted the Defendant, Amory K. Collins, of one count of burglary
and one count of criminal trespass. The trial court merged one count of criminal trespass
and the burglary conviction and then sentenced the Defendant to eight years of
incarceration. On appeal, the Defendant contends that the evidence is insufficient to sustain
his conviction for burglary because there was insufficient proof that he acted knowingly
with regard to the underlying theft or attempted theft. After review, we affirm the trial
court’s judgments.

LaCarl Tigg v. State of Tennessee
M2025-01894-CCA-R3-PC
Authoring Judge: Judge J. Ross Dyer
Trial Court Judge: Judge James A. Turner

The petitioner, LaCarl Tigg, appeals from the Circuit Court of Rutherford County’s dismissal of his petition for post-conviction DNA Analysis and his pro se motion to vacate his guilty plea which the post-conviction court treated as a petition for post-conviction relief. Upon our review of the record and the parties’ briefs, we affirm the post-conviction court’s dismissal.

State of Tennessee v. Traci Marie House
M2025-01227-CCA-R3-CD
Authoring Judge: Judge J. Ross Dyer
Trial Court Judge: Judge Robert Bateman

The defendant, Traci Marie House, pled guilty to attempted possession of a firearm after having been convicted of a prior violent felony, and the trial court imposed a sentence of twelve years’ incarceration in the Tennessee Department of Correction. On appeal, the defendant argues the trial court erred in denying her motion to reconsider her sentence. After reviewing the record and considering the applicable law, we affirm the judgment of the trial court.

State of Tennessee v. Ronnie Keith Rea
W2025-00384-CCA-R3-CD
Authoring Judge: Judge Jill Bartee Ayers
Trial Court Judge: Judge J. Brent Bradberry

Defendant, Ronnie Keith Rea, appeals from his convictions for three counts of aggravated sexual battery and one count of solicitation of a minor. On appeal, he raises five issues. After a thorough review of the record, the parties’ briefs, and the applicable law, we conclude that four of the five issues have been waived. The only preserved issue is Defendant’s challenge to the sufficiency of the evidence, which we find legally sufficient to support his convictions. Accordingly, the judgments of the trial court are affirmed.

IN RE GRACELYNN H.
E2025-00466-COA-R3-PT
Authoring Judge: Judge Thomas R. Frierson
Trial Court Judge: Chancellor Amy Kathleen Skelton

In this case involving termination of the mother’s parental rights to her minor child, the
trial court determined that two statutory grounds for termination had been proven by clear
and convincing evidence. The trial court further determined 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.1 Discerning no reversible error, we affirm.

Katrina Allen v. Blackbaud, INC.
W2025-01484-COA-R3-CD
Authoring Judge: Judge Valerie L. Smith
Trial Court Judge: Judge Donald H. Allen

Appellant appeals the trial court’s dismissal of her breach of contract and breach of fiduciary duty claims. Appellee asks this Court to award frivolous appeal damages under Tennessee Code Annotated section 27-1-122. Discerning no error, we affirm the judgment of the trial court. We grant Appellee its request for frivolous appeal damages.

State of Tennessee v. Chelsea Louise Smith
M2025-00955-CCA-R3-CD
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge Larry J. Wallace

Defendant, Chelsea Louise Smith, appeals her Dickson County Circuit Court convictions for aggravated child abuse and first-degree felony murder committed in the perpetration of aggravated child abuse, for which she received sentences of fifteen years and life, respectively. Defendant contends that the evidence is insufficient to support her convictions; that the trial court abused its discretion by excluding the proposed testimony of her expert in biomechanics; and that her constitutional right to present a defense was violated by the trial court’s exclusion of the proposed expert testimony. Following a thorough review, we affirm.

State of Tennessee v. Teresa Kay Nolan
M2025-00562-CCA-R3-CD
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge David L. Allen

Following a jury trial, Defendant, Teresa Kay Nolan, was convicted of two counts of aggravated assault and one count of reckless endangerment with a deadly weapon, for which she received a total effective sentence of four years. On appeal, Defendant contends that: (1) the evidence is insufficient to support her convictions for aggravated assault; (2) the trial court committed plain error by failing to provide a jury instruction on self-defense; (3) the trial court abused its discretion by allowing the State to cross-examine Defendant regarding her prior conviction for attempted impersonation of a licensed professional; and (4) the trial court abused its discretion when it permitted the State to cross-examine her regarding her violation of bond conditions. Upon review, we affirm the conviction in count 2 but remand for entry of a corrected judgment, reflecting Defendant’s conviction for reckless endangerment with a deadly weapon and imposing a concurrent one-year sentence. We affirm the judgments of conviction in counts 1 and 3 in all respects.

RODNEY HARBACK v. EDDIE'S BODY SHOP, LLC, ET AL
E2025-00447-COA-R3-CV
Authoring Judge: Judge Kristi M. Davis
Trial Court Judge: Chancellor Tom McFarland

This appeal arises from a breach of contract lawsuit following the sale of a body shop
business. Prior to the sale, the owner entered into a paint-purchasing agreement requiring
him to purchase $900,000 worth of paint over time in exchange for discounts and up-front
“pre-bate” payments. Under the paint-purchasing agreement, the paint supplier could
terminate the agreement if the business was sold without the supplier’s prior written
consent. The owner later sold his business to buyers pursuant to an asset purchase
agreement whereby the buyers agreed to take on the business’s paint-purchasing
obligations. The buyers initially kept buying paint from the same supplier but eventually
stopped. The paint supplier demanded repayment of the up-front funds from the prior
owner under his personal guarantee. The prior owner then sued the buyers, asserting that
they were required to hold him harmless. The buyers filed a counterclaim asserting that
the prior owner committed the first breach by selling the business without the paint
supplier’s consent, resulting in the buyers never receiving the expected value of the deal.
The trial court ruled in the prior owner’s favor. The buyers appeal. We affirm.

GREEN ACRES MCH, LLC V. JATEAL PENDERGRASS
E2025-00043-COA-R3-CV
Authoring Judge: Judge John W. McClarty
Trial Court Judge: Chancellor Ryan M. Spitzer

This is an unlawful detainer action in which the plaintiff landlord was awarded possession
and a judgment for unpaid rent and attorney fees when the defendant lessee refused to
vacate. We now affirm on appeal.

State of Tennessee v. Nickalous Ladd A/K/A Nickalous Clark
W2025-01494-CCA-R3-CD
Authoring Judge: Judge John W. Campbell, Sr.
Trial Court Judge: Judge Chris Craft

The Defendant, Nickalous Ladd a/k/a Nickalous Clark, was convicted by a Shelby County Criminal Court jury of convicted felon in possession of a firearm, a Class C felony, and was sentenced by the trial court as a Range IV career offender to fifteen years at 60% in the Tennessee Department of Correction. The sole issue the Defendant raises on appeal is whether the evidence is sufficient to sustain his conviction. Based on our review, we affirm the judgment of the trial court.

State of Tennessee v. Johnny Mack Powell
E2025-01126-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Scott Green

A Knox County jury convicted the Defendant, Johnny Mack Powell, of one count of
attempted voluntary manslaughter, three counts of aggravated assault, one count of
possession of marijuana, one count of possession of drug paraphernalia, and one count of
trespassing. The trial court merged the aggravated assault convictions and sentenced the
Defendant, a Range II offender, to ten years of incarceration. On appeal, the Defendant
contends that the evidence is insufficient to sustain his convictions for attempted voluntary
manslaughter and aggravated assault because he was not the first aggressor and because he
acted in self-defense. After review, we affirm the trial court’s judgments.

KNOX COUNTY TENNESSEE ET AL. v. DELINQUENT TAXPAYERS ET AL
E2026-00812-COA-T10B-CV
Authoring Judge: Judge Thomas R. Frierson, II
Trial Court Judge: Chancellor Christopher D. Heagerty Jr.

This is a recusal appeal filed by the pro se petitioner relative to the underlying delinquent
taxpayer action. Because the petitioner has not demonstrated a factual basis warranting
recusal, we affirm the judgment of the trial court denying the motion to recuse.