Kenneth Brian Coates v. Tyson Foods, Inc.
W2019-00904-SC-R3-WC
Authoring Judge: Judge Roger A. Page
Trial Court Judge: Judge Michael M. Maloan

Kenneth Brian Coates (“Employee”) worked as a feed mill supervisor for Tyson Foods, Inc. (“Employer”). On June 6, 2013, Employee was using a sledge hammer to help unload soybean meal from a railcar when he started to feel pain in his elbows. Employee sought treatment with his family physician, who diagnosed him with tennis elbow in both arms, and informed him that his symptoms may resolve. On December 23, 2014, Employee met with an orthopedic surgeon who recommended surgery. The surgery was performed on Employee’s right elbow in January 2015 and on his left elbow in March 2015. Employee did not miss any work related to his injury until the date of his first surgery. Employee did not return to work for Employer following his surgeries. Employee filed a Request for a Benefit Review Conference with the Tennessee Department of Labor, which resulted in an impasse. Employee brought suit, and the trial court awarded him back temporary total disability benefits and permanent partial disability benefits. Relevant to the issues on appeal, the trial court determined that Employee’s claim was timely filed and that he did not have a meaningful return to work. Employer has appealed. The appeal has been referred to the Special Workers’ Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law pursuant to Tennessee Supreme Court Rule 51. We affirm the judgment.

Demarkus Taylor v. State of Tennessee
M2019-02020-CCA-R3-PC
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge William R. Goodman, III

Petitioner, Demarkus Taylor, appeals from the post-conviction court’s summary dismissal of his post-conviction petition as untimely. After reviewing the record and applicable case law, the judgment of the post-conviction court is affirmed.

State of Tennessee v. John Kelly Gross
M2019-01449-CCA-R3-CD
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge Jennifer Smith

John Kelly Gross, Defendant, was convicted following a bench trial of one count of aggravated burglary and one count of vandalism. As a result, Defendant was sentenced to an effective sentence of six years. Defendant appealed, arguing that the evidence was insufficient to support the conviction for aggravated burglary. After a review, we affirm the judgments of the trial court.

Herbert Moncier v. Timothy Wheeler
E2020-00943-COA-T10B-CV
Authoring Judge: Judge J. Steven Stafford
Trial Court Judge: Judge Kristi M. Davis

Petitioner appeals the denial of his motion to recuse the trial court in an attorney’s fees lawsuit. Because the Petitioner failed to comply with the mandatory requirements of Rule 10B of the Rules of Tennessee Supreme Court, we affirm the trial court’s ruling.

State of Tennessee v. Joseph Jason Qualls
W2019-01083-CCA-R3-CD
Authoring Judge: Judge Camille R. McMullen
Trial Court Judge: Judge J. Weber McCraw

A McNairy County jury convicted the Defendant-Appellant, Joseph Jason Qualls, of aggravated sexual battery and three counts of violating the sex offender registry, for which he received an effective sentence of twenty years’ imprisonment. On appeal, the sole issue presented for our review is whether the evidence is sufficient to support his conviction of aggravated sexual battery. Upon review, we affirm the judgment of the trial court.

State of Tennessee v. Warren Smith
W2019-01882-CCA-R3-CD
Authoring Judge: Judge D. Kelly Thomas, Jr.
Trial Court Judge: Judge Jennifer J. Mitchell

The Defendant, Warren Smith, was convicted by a jury of sexual battery, for which he received a three-year sentence as a Range II, multiple offender. On appeal, the Defendant argues that there was insufficient evidence to support his conviction because the victim’s testimony was incredible and the State failed to establish that the touching was intentional and committed for a sexual purpose. After review, we conclude that the trial court committed reversible error in constructively amending the indictment in its charge to the jury and that the Defendant’s conviction must be reversed and the case remanded for a new trial.

State of Tennessee v. Benjamin R. Franklin
M2018-01958-CCA-R3-CD
Authoring Judge: Judge D. Kelly Thomas, Jr.
Trial Court Judge: Judge Suzanne Lockert-Mash

The Defendant, Benjamin R. Franklin, appeals his convictions for three counts of vehicular homicide by intoxication and three counts of vehicular homicide by reckless driving. The Defendant argues that (1) the trial court erred by admitting Tennessee Bureau of Investigation (TBI) blood and urine test results; (2) the court erred by admitting photographs of the victims at the crash scene; (3) the evidence was insufficient relative to intoxication; (4) the court erred by denying the Defendant’s motion for a mistrial during the State’s rebuttal argument; and (5) the court erred in sentencing by imposing the maximum sentence, ordering consecutive sentencing, and suspending the Defendant’s driver’s license for ten years. After a thorough review of the record and applicable law, we affirm.

State of Tennessee v. Jamarcus Miller
W2019-01701-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge J. Robert Carter, Jr.

Defendant, Jamarcus Miller, was indicted by a Shelby County grand jury for first-degree premeditated murder (Count 1) and
first-degree felony murder for a killing in the perpetration of attempted robbery (Count 2). A jury convicted Defendant of the
lesser-included offense of second-degree murder in Count 1, and convicted Defendant as charged in Count 2. On appeal, Defendant argues the evidence is insufficient to support his conviction in Count 2. Having reviewed the entire record and the briefs of the parties, we affirm the judgments of the trial court.

Adam Davis v. State of Tennessee
M2019-01017-CCA-R3-PC
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge William R. Goodman, III

The Petitioner, Adam Davis, sought post-conviction relief alleging ineffective assistance of counsel after he was convicted of two counts of aggravated sexual battery and received an effective sentence of eight years’ imprisonment. The post-conviction court denied relief. On appeal, the Petitioner asserts that his right to counsel was violated by trial counsel’s failure to investigate and call character witnesses and failure to investigate and present medical evidence regarding his erectile dysfunction. He also urges this court to remand the case with an order for the post-conviction court to make further factual findings and credibility determinations. After a thorough review of the record, we conclude that the post-conviction court’s findings are adequate to permit review and that the
post-conviction court did not err in determining that the Petitioner’s right to counsel was not violated. Accordingly, the post-conviction court’s judgment is affirmed.

Todd Randolph Napier v. Kristen C. Napier
M2019-00978-COA-R3-CV
Authoring Judge: Presiding Judge J. Steven Stafford
Trial Court Judge: Judge James G. Martin, III

Father appeals the trial court’s denial of his motion to set aside a default judgment. Discerning no abuse of discretion in the trial court’s decision, we affirm and remand for a determination of Mother’s fees incurred in this appeal.

Tazarius Jay Vond Leach v. State of Tennessee
M2019-00970-CCA-R3-PC
Authoring Judge: Judge Robert H. Montgomery, Jr.
Trial Court Judge: Judge Mark J. Fishburn

The Petitioner, Tazarius Jay Vond Leach, appeals from the denial of his petition for post-conviction relief from his convictions of two counts of aggravated robbery and one count of carjacking and his effective fifteen-year sentence. He contends that the
post-conviction court erred in denying relief on his claim that he was deprived of the effective assistance of trial counsel. We affirm the judgment of the post-conviction court.

State of Tennessee v. Michael Powell
E2019-00524-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge. J. Curtis Smith

A Rhea County Circuit Court Jury convicted the Appellant, Michael Powell, of one count of aggravated statutory rape. The trial court imposed a sentence of three years and nine months in the Tennessee Department of Correction. On appeal, the Appellant challenges the trial court’s denial of alternative sentencing. Upon review, we affirm the judgment of the trial court.

Dontayell Balfour v. State of Tennessee
W2019-01468-CCA-R3-PC
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge Paula L. Skahan

Petitioner, Dontayelle Balfour, appeals the denial of his post-conviction petition. Petitioner argues that he was denied effective assistance of counsel when his trial counsel failed to adequately consult with him and failed to fully investigate witnesses that Petitioner requested prior to Petitioner’s guilty plea to second degree murder. Following a review of the briefs of the parties and the record, we affirm the judgment of the postconviction court.

State of Tennessee v. Marvin Glenn Borden
W2019-00534-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge Jeff Parham

Defendant, Marvin Glenn Borden, was charged with one count of possession of more than 0.5 gram of methamphetamine with intent to sell or deliver and one count of possession of drug paraphernalia. Defendant filed a motion to suppress, which was denied by the trial court. Thereafter, Defendant pled guilty to the possession of methamphetamine charge with an agreed four-year sentence as a Range I offender to be served in confinement. The State dismissed the drug paraphernalia charge. Defendant reserved a certified question of law under Rule 37(b)(2)(A) of the Tennessee Rules of Criminal Procedure, challenging the trial court’s denial of the motion to suppress. After review, we affirm the judgment of the trial court.

in Re Madison J.
M2019-01188-COA-R3-PT
Authoring Judge: Judge Carma Dennis McGee
Trial Court Judge: Judge Ted A. Crozier

This case involves the termination of a biological mother’s parental rights to her minor child. The father and the stepmother initiated the case by filing a petition to terminate the mother’s rights and to allow stepmother to adopt the child. In their petition, the parties argued the mother abandoned the child by failing to visit and failing to provide support. Trial was held in March 2017, nearly three years after the petition was filed. In June 2019, the trial court granted the petition and entered its final order, finding there was clear and convincing evidence that the mother abandoned the child and that it was in the child’s best interests to terminate the mother’s parental rights. The mother timely appealed. We affirm in part, reverse in part, and remand.

State of Tennessee v. Kevin Lane
E2019-01293-CCA-R3-CD
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge Bobby R. McGee

Kevin Lane, Defendant, was indicted for multiple offenses stemming from incidents that occurred at the home of his mother and involved both Defendant's mother and brother. Prior to trial, Defendant filed a motion in limine seeking to prohibit the State from utilizing Defendant's prior convictions for impeachment. After a jury trial, Defendant was found guilty of three counts of aggravated criminal trespass, two counts of assault, one count of theft, five counts of domestic assault, one count of robbery, and one count of carjacking. As a result of the convictions, he was sentenced to an effective sentence of twenty-three years. After the denial of a motion for new trial, Defendant filed a timely notice of appeal. On appeal, the following issues are presented for our review: (l) whether the evidence is sufficient to support the convictions; and (2) whether the trial court erred by permitting the State to introduce evidence of prior bad acts in violation of Tennessee Rule of Evidence 404(b). After a thorough review, we affirm the judgments of the trial court.

The Metropolitan Government Of Nashville & Davidson County, Tennessee v. Prime Nashville, LLC
M2019-00564-COA-R3-CV
Authoring Judge: Judge Richard H. Dinkins
Trial Court Judge: Judge Amanda Jane McClendon

This is an action to enforce a citation from the Codes Department of the Metropolitan Government for operating a short-term rental property without a permit. The owner of the property appeals the default judgment entered as a sanction for failing to comply with the trial court’s order granting a motion to compel discovery. Upon a thorough review of the record, we have determined that the trial court did not abuse its discretion in entering the judgment as a sanction; accordingly, we affirm the judgment in all respects. 

State of Tennessee v. Sparkle Trenetta Jones
E2019-00804-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge G. Scott Green

A Knox County Criminal Court Jury convicted the Appellant, Sparkle Trenetta Jones, of selling and delivering less than fifteen grams of heroin within a drug-free school zone, Class A felonies. After a sentencing hearing, the trial court ordered that she serve seventeen years for each conviction and merged the convictions. On appeal, the Appellant contends that the evidence is insufficient to support the convictions; that trial court committed plain error by allowing irrelevant testimony; and that the trial court erred by applying two enhancement factors. Based upon the record and the parties’ brief, we find no reversible error and affirm the judgments of the trial court.

State of Tennessee v. Danielle Lynette Wright
E2019-01290-CCA-R3-CD
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge Steven Wayne Sword

Defendant, Danielle Lynette Wright, was convicted of second-degree murder by a Knox County Jury. She received a sentence of seventeen years’ incarceration. On appeal, Defendant argues that the evidence was insufficient to sustain her conviction of seconddegree murder. After a thorough review of the record, we affirm the judgment of the trial court.

In Re: Braelyn S.
E2020-00043-COA-R3-PT
Authoring Judge: Judge J. Steven Stafford
Trial Court Judge: Judge John S. McLellan, III

Father appeals the termination of his parental rights. The trial court found grounds for termination by abandonment by failure to visit, abandonment by failure to support, and failure to manifest an ability and willingness to assume legal and physical custody of the child. The trial court also found termination was in the best interests of the child. We affirm in part and reverse in part, but affirm the termination of the father’s parental rights.

In Re Braelyn S. - concurring and dissenting
E2020-00043-COA-R3-PT
Authoring Judge: Judge Richard H. Dinkins
Trial Court Judge: Judge John S. McLellan, III

Because I believe that the line of cases holding that the petitioner seeking to terminate a parent’s rights under Tennessee Code Annotated section 36-1-113(g)(14) must prove both a “failure to manifest an ability and willingness to assume custody” with respect to the first prong of the analysis, I respectfully dissent from that portion of the majority’s opinion. See In re Ayden S., No. M2017-01185-COA-R3-PT, 2018 WL 2447044, at *7 (Tenn. Ct. App. May 31, 2018). In all other respects, including affirming the termination of Father’s parental rights, I concur.

State of Tennessee v. James Demoss
M2019-01583-CCA-R3-CD
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge Monte Watkins

James Demoss, Defendant, pleaded guilty to one count of voluntary manslaughter and two counts of aggravated assault. Pursuant to the plea agreement, the manner of service of the effective fifteen-year sentence was to be determined by the trial court. Following a sentencing hearing, the trial court ordered Defendant’s sentence to be served in the Tennessee Department of Correction. On appeal, Defendant claims that the trial court abused its discretion by sentencing him to serve his sentence in incarceration rather than granting an alternative sentence. Because the trial court failed to articulate adequate reasons for denying an eligible defendant an alternative sentence, the abuse of discretion standard with a presumption of reasonableness does not apply on appeal, and this court can either (1) conduct a de novo review to determine whether there is an adequate basis for denying an alternative sentence; or (2) remand for the trial court to consider the requisite factors in determining whether to grant an alternative sentence. We determine that the record on appeal is sufficient for this court to undertake a de novo review, and after a de novo review of the record and applicable law, we affirm the denial of an alternative sentence.

Charles L. Jones, III v. State of Tennessee
M2019-01935-CCA-R3-HC
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge Steve R. Dozier

Charles L. Jones, III, Petitioner, appeals from the denial of habeas corpus relief from his sentence of life imprisonment without the possibility of parole after he pled guilty to second-degree murder. After a review, we affirm the denial of habeas corpus relief.

Suzette Michelle Gibson v. Michael Wayne Gibson
E2019-01051-COA-R3-CV
Authoring Judge: Judge Richard H. Dinkins
Trial Court Judge: Judge Gregory S. McMillan

In this post-divorce proceeding, the trial court dismissed a Husband’s petition to modify or terminate the transitional alimony he was obligated to pay on the basis of the provision of the parties’ Marital Dissolution Agreement that made the alimony obligation nonmodifiable. Husband appeals. Finding no error, we affirm the judgment.

In Re Estate of Paul D. Freeman, Deceased
M2018-02131-COA-R3-CV
Authoring Judge: Presiding Judge Frank G. Clement, Jr.
Trial Court Judge: Chancellor Louis W. Oliver

This appeal arises from an action to remove the decedent’s son as the executor of the estate. The action also sought to remove the decedent’s son as the nominated trustee of two testamentary trusts; however, the trustee never assumed his duties because neither trust was ever funded. The decedent’s wife was the principal beneficiary of the estate and both testamentary trusts. The action was initiated by the conservator for the decedent’s wife who alleged, inter alia, that the executor/trustee failed to distribute any property or income to the wife and used the assets for his personal benefit. The conservator also alleged that he improperly used the estate’s assets to satisfy a bank loan that encumbered real property he jointly owned with the decedent for which he and the decedent were liable. The conservator claimed the bank loan was not a lawful debt of the estate because the bank failed to file a claim against the estate within the time limits set forth in Tenn. Code Ann. § 30-2-307. In response, the executor/trustee contended the action to remove him was barred by the one-year statute of limitations for breach of trust actions. He also contended the debt to the bank was properly paid in accordance with the law of exoneration. After a hearing, the trial court found that the law of exoneration did not apply and held that the estate was not obligated on the debt to the bank because the bank did not timely file a claim against the estate. Additionally, the trial court removed the decedent’s son as both the executor and trustee based on his persistent failure to administer the estate and appointed a successor executor and successor trustee. The successor executor filed an inventory and accounting for the estate, and the former executor filed an objection. At the hearing that followed, the former executor submitted into evidence a document entitled “Land Agreement” and claimed that the agreement was enforceable against the estate as a contract to make a will. The trial court determined that the Land Agreement was a contract to make a will, but the claim was time barred. In its final order, the court assessed damages against the former executor and awarded the conservator her attorney’s fees. The former executor appealed, arguing that (1) the action was barred by the statute of limitations for breach of trust actions, (2) the Land Agreement was enforceable against the estate, (3) the debt to the bank was properly paid under the law of exoneration, and (4) he was not liable for attorney’s fees. We affirm the trial court’s decision in all respects.