Kisha Dean Trezevant v. Stanley H. Trezevant, III
W2023-00682-COA-R3-CV
Authoring Judge: Judge Kenny Armstrong
Trial Court Judge: Judge Mary L. Wagner

This is a post-divorce criminal contempt case. The trial court found Appellant guilty of four counts of criminal contempt based on Appellant’s violations of the trial court’s order. Discerning no error, we affirm

State of Tennessee v. Diann Marie Hicks
W2024-00068-CCA-R3-CD
Authoring Judge: Judge J. Ross Dyer
Trial Court Judge: Judge Bruce Irwin Griffey

The defendant, Diann Marie Hicks, appeals the order of the trial court revoking her probation and ordering her to serve the remainder of her ten-year sentence in confinement. Upon our review of the record and the parties’ briefs, we affirm the revocation and disposition of the defendant’s probation.

State of Tennessee v. William McDaniel
E2024-00141-CCA-R3-CD
Authoring Judge: Judge Jill Bartee Ayers
Trial Court Judge: Judge Amanda B. Dunn

Petitioner, William McDaniel, appeals the denial of his motion to correct an illegal
sentence, filed pursuant to Tennessee Rule of Criminal Procedure 36.1. Following our
review of the entire record and the briefs of the parties, we affirm the judgment of the trial
court.

Jennifer A. Seiber v. David S. Seiber
E2024-01331-COA-R3-CV
Authoring Judge: Per Curiam
Trial Court Judge: Chancellor James W. Brooks, Jr.

This is an appeal from a final order entered on July 25, 2024. The notice of appeal was not filed with the Appellate Court Clerk until September 3, 2024, more than thirty days from the date of entry of the order from which the appellant is seeking to appeal. Because the notice of appeal was not timely filed, we have no jurisdiction to consider this appeal.

State of Tennessee v. Steven Lawrence Sabo
E2023-01695-CCA-R3-CD
Authoring Judge: Judge Robert H. Montgomery, Jr.
Trial Court Judge: Judge Zachary R. Walden

The Defendant, Steven Lawrence Sabo, appeals from the Claiborne County Criminal
Court’s probation revocation of the eight-year sentence he received for his felony theft
conviction. On appeal, the Defendant contends that the trial court abused its discretion by
(1) revoking his probation and ordering him to serve the remainder of his sentence in
confinement and (2) ordering consecutive service of the revoked sentence with the sentence
for a subsequent attempted aggravated assault conviction. We affirm the judgments of the
trial court.

Commercial Painting Company, Inc. v. The Weitz Company, LLC, et al.
W2019-02089-COA-R3-CV
Authoring Judge: Judge Jeffrey Usman
Trial Court Judge: Chancellor JoeDae L. Jenkins

This appeal is before this court on a remand from the Tennessee Supreme Court to address issues that had been previously pretermitted related to a punitive damages award. Upon consideration of the pretermitted issues in the present case, we affirm the judgment of the chancery court.

Vicki Marlene (Almonrode) Taylor v. Jack Elmer Taylor, Jr.
M2022-01254-COA-R3-CV
Authoring Judge: Presiding Judge J. Steven Stafford
Trial Court Judge: Judge Bonita Jo Atwood

Husband appeals aspects of the trial court’s classification, valuation, and division of property in its order of absolute divorce. The trial court’s decision is affirmed in part, vacated in part, and reversed in part, and the matter is remanded to the trial court for further consideration.

Kerry Clay v. City of Memphis Sanitation Division
W2023-00519-COA-R3-CV
Authoring Judge: Judge Carma Dennis McGee
Trial Court Judge: Judge Felicia Corbin Johnson

This suit was filed pursuant to the Tennessee Governmental Tort Liability Act. The plaintiff was a home improvement contractor replacing a door at a client’s home. He discarded the old door, which was placed in a garbage truck allegedly owned and operated by the defendant. The truck’s compacting mechanism was engaged, causing the door to rise and strike the plaintiff in the head. The plaintiff filed suit and was awarded damages based on injuries he suffered. The defendant filed this appeal raising several issues. Because we have determined that the evidence in the record does not preponderate against the findings of the trial court, we affirm.

State of Tennessee v. Johnny Wilkerson
W2023-01478-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Chris Craft

A Shelby County jury convicted the Defendant, Johnny Wilkerson, of two counts of aggravated robbery. The trial court imposed twenty-year sentences for each conviction and ordered them to be served consecutively for a total effective sentence of forty years. The Defendant challenged the sufficiency of the evidence to sustain his convictions, and this court affirmed the judgments. State v. Wilkerson, No. W2016-00078-CCA-R3-CD, 2016 WL 6596103, at *1 (Tenn. Crim. App. Nov. 7, 2016), no perm. app. filed. The Defendant sought post-conviction relief, which the post-conviction court denied, and this court affirmed on appeal. Wilkerson v. State, No. W2019-00459-CCA-R3-PC, 2020 WL 506781, at *1 (Tenn. Crim. App. Jan. 30, 2020), no perm. app. filed. Subsequently, the Defendant filed a motion pursuant to Tennessee Rule of Criminal Procedure 36.1, challenging the imposition of consecutive sentencing. The trial court denied the Defendant’s motion on the grounds that consecutive sentencing was authorized pursuant to statute and therefore the Defendant’s sentence was not illegal. On review, having determined that the Petitioner has failed to state a colorable claim for Rule 36.1 relief, we affirm the judgment of the trial court.

Thomas J. Wolaver Et Al. v. JBEEZ, Inc.
M2024-00545-COA-R3-CV
Authoring Judge: Judge W. Neal McBrayer
Trial Court Judge: Judge Bradley Sherman

A husband and his wife found their rental boat unsatisfactory.  So they sued the rental company, alleging a violation of the Tennessee Consumer Protection Act.  The rental company moved to dismiss based on a forum-selection clause in the rental agreement that required all disputes to be brought in a different county.  The husband and wife responded that the venue provision of the Tennessee Consumer Protection Act controlled over the forum-selection clause.  The trial court agreed with the rental company and dismissed the suit without prejudice.  We vacate the judgment.

Michael Darren Franz Et Al. v. Oscar Funes
E2023-01256-COA-R3-CV
Authoring Judge: Judge D. Michael Swiney
Trial Court Judge: Judge David Reed Duggan

This appeal concerns premises liability. Michael Darren Franz (“Mr. Franz”) and his wife Pamela Franz (“Plaintiffs,” collectively) sued Oscar Funes (“Defendant”) in the Circuit Court for Blount County (“the Trial Court”) for injuries Mr. Franz sustained from falling down the stairs at a residential rental property built and owned by Defendant. The stairs, which led from the first floor to the second floor, lacked a code-compliant handrail going the length of the stairs. Defendant filed a motion for summary judgment, which the Trial Court granted. Plaintiffs appeal. We conclude that the reasonably foreseeable probability and gravity of harm to Plaintiffs, namely serious injury or death from falling down the stairs, outweighed the burden on Defendant to engage in alternative conduct which would have prevented a risk of harm, such as extending the railing to the top of the stairs. Under common law principles of negligence, as well as negligence per se from the code violation, Defendant owed a duty of care. In addition, genuine issues of material fact exist in this case regarding causation and comparative fault. We reverse the judgment of the Trial Court and remand for further proceedings consistent with this Opinion.

Cordell Ash v. State of Tennessee
W2023-01501-CCA-R3-PC
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Carolyn Wade Blackett

In 2015, a Shelby County jury convicted the Petitioner, Cordell Ash, of especially aggravated robbery, attempt to commit first degree murder, employing a firearm during the commission of a dangerous felony, and of being a convicted felon in possession of a firearm. The trial court imposed an effective sentence of thirty years in the Tennessee Department of Correction. The Petitioner filed a delayed appeal, and this court affirmed the trial court on appeal. Ash v. State, No. W2019-01172-CCA-R3-PC, 2020 WL 4919798, at *1 (Tenn. Crim. App. Aug. 20, 2020), no perm. app. filed. The Petitioner filed for postconviction relief, alleging ineffective assistance of counsel. After a hearing, the postconviction court denied relief. On appeal, the Petitioner maintains that his attorney was ineffective for failing to investigate possible defenses such as a third-party perpetrator. After review, we affirm the post-conviction court’s judgment.

State of Tennessee v. Andy L. Allman
M2022-01542-CCA-R3-CD
Authoring Judge: Judge Jill Bartee Ayers
Trial Court Judge: Judge Dee David Gay

Defendant, Andy L. Allman, appeals his convictions for twelve counts of theft and six counts of falsely holding oneself out to be a lawyer in case Nos. 2017-CR-548, 2017-CR-548, and 2017-CR-875 for which he received an effective thirty-five year sentence to be served in confinement.  Multiple counts were either nolle prosequied by the State before trial or dismissed during trial.  On appeal, Defendant argues that (1) the evidence was insufficient to support his convictions; (2) the trial court erroneously charged the jury concerning his charges for falsely holding oneself out the be a lawyer; (3) his sentence is excessive; (4) a portion of the State’s closing argument resulted in plain error; (5) the trial court deprived Defendant of his right to present a defense by excluding evidence; (6) the trial court improperly admitted evidence of the Board of Professional Responsibility’s findings; (7) the trial court abused its discretion by denying Defendant’s motion to exclude evidence; and (8) the cumulative effect of these errors entitle him to a new trial. Following our review of the entire record, the briefs and oral arguments of the parties, and the applicable law, we affirm the judgments of the trial court but remand for entry of judgment forms for those counts that were either nolle prosequied by the State before trial or dismissed during trial.

Robyn H. Hurvitz v. Whiskey Barrel Trading Company, LLC Et Al.
E2023-01633-COA-R3-CV
Authoring Judge: Judge John McClarty
Trial Court Judge: Judge J. Michael Sharp

Pro se appellant appeals the trial court’s judgment in favor of the plaintiff in this dispute about real property. Due to the deficiencies in the appellant’s brief, we dismiss the appeal. We also conclude the appeal is frivolous and remand for an assessment of damages.

State of Tennessee v. Johnny Ray Deyton
E2024-00252-CCA-R3-CD
Authoring Judge: Judge Camille R. McMullen
Trial Court Judge: Judge Lisa N. Rice

The Defendant, Johnny Ray Deyton, appeals his Johnson County Criminal Court
convictions of possession of twenty-six (26) grams or more of methamphetamine with
intent to sell or deliver, felony tampering with evidence, and various other misdemeanor
drug and driving related offenses, for which he received an effective sentence of thirteen
years’ imprisonment. Before trial, the Defendant filed a motion to suppress all evidence
derived from the traffic stop which led to his arrest and indictment, arguing that the stop
was an unreasonable warrantless seizure of his person in violation of the Fourth
Amendment to the United States Constitution and Article 1, Section 7 of the Tennessee
Constitution. Following a hearing, the trial court denied the Defendant’s motion and
determined that the traffic stop was supported by reasonable suspicion of reckless driving.
The sole issue presented on appeal is whether the trial court erred in denying his motion to
suppress because the traffic stop was not supported by reasonable suspicion. After review,
we affirm the trial court’s judgment.

In Re Zaidyn B. Et Al.
M2023-01095-COA-R3-PT
Authoring Judge: Judge Thomas R. Frierson, II
Trial Court Judge: Judge Gerald Ewell, Jr.

In this case involving termination of the father’s parental rights to his children, the trial court found that six statutory grounds for termination had been proven by clear and convincing evidence. The trial court further found that clear and convincing evidence demonstrated that termination of the father’s parental rights was in the children’s best interest.  The father has appealed.  Upon thorough review, we affirm the trial court’s judgment in all respects.

State of Tennessee v. Ronald Matthew Lacy
E2022-01442-CCA-R3-CD
Authoring Judge: Judge Tom Greenholtz
Trial Court Judge: Judge Jeffrey Wicks

A Loudon County jury convicted the Defendant, Ronald Matthew Lacy, of theft of property over $60,000. The Defendant, a Kentucky resident, entered into a transaction for the sale of a car with a Tennessee resident, but with the intent not to perform as promised and to misappropriate the money instead. The trial court sentenced him to ten years, which was suspended after service of eleven months and twenty-nine days in confinement. On appeal, the Defendant argues that the evidence was legally insufficient to support his conviction. He also asserts that the trial court lacked territorial jurisdiction and that the case should be addressed as a civil matter. Alternatively, the Defendant contends that he is entitled to a new trial because his trial counsel failed to provide effective assistance. Upon our review, we respectfully affirm the judgment of the trial court.

In Re Estate of Toni Harris
M2023-01824-COA-R3-CV
Authoring Judge: Judge Kenny Armstrong
Trial Court Judge: Judge David L. Allen

This is a breach of contract case involving a purchase and sale agreement for real property.  Because the parties’ mutual mistake of law concerning ownership of the subject property negates the prima facie element of mutual assent, there is no enforceable contract.  Reversed and remanded.

Madaryl Hampton v. State of Tennessee
W2024-00235-CCA-R3-PC
Authoring Judge: Judge J. Ross Dyer
Trial Court Judge: Judge Donald H. Allen

The petitioner, Madaryl Hampton, appeals the denial of his post-conviction petition, arguing the post-conviction court erred in finding he received the effective assistance of counsel. After our review of the record, briefs, and applicable law, we affirm the denial of the petition.

In Re Leilani G.
M2022-01744-COA-R3-PT
Authoring Judge: Judge W. Neal McBrayer
Trial Court Judge: Judge M. Caleb Bayless

A mother appeals the termination of her parental rights to her child.  The chancery court found clear and convincing evidence of two statutory grounds for termination.  The court also determined termination was in the child’s best interest.  After a thorough review, we agree and affirm.

State of Tennessee v. Ricky Rex Corlew
E2023-00831-CCA-R3-CD
Authoring Judge: Judge Camille R. McMullen
Trial Court Judge: Judge Alex E. Pearson

A Hancock County Criminal Court jury convicted the defendant, Ricky Rex Corlew, as
charged of allowing a dog to run at large causing serious bodily injury, a Class E felony.
See Tenn. Code Ann. § 44-8-408(b), (g)(4) (Supp. 2021). Following a sentencing hearing,
the trial court ordered Corlew to serve two years in confinement and to pay the $3000 fine
set by the jury. On appeal, Corlew argues that the evidence is insufficient to sustain his
conviction because it supported his affirmative defense that he exercised reasonable care
in attempting to confine or control his dog. After review, we affirm the judgment of the
trial court.

State of Tennessee v. Timothy DeWayne Pinion
E2023-01020-CCA-R3-CD
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge Steven Wayne Sword

Defendant, Timothy Dewayne Pinion, was convicted after a jury trial of vehicular homicide
by recklessness, reckless endangerment, two counts of driving under the influence (DUI),
driving with a revoked license, failure to drive on the right side of the roadway, and
violation of the financial responsibility law. For these convictions, Defendant was
sentenced to an effective fourteen years, eleven months, and twenty-nine days in
confinement. On appeal, Defendant argues that his dual convictions for vehicular homicide
by recklessness and reckless endangerment violate principles of double jeopardy. After a
thorough review of the record, we affirm.

Terrance Woods v. State of Tennessee
W2022-01446-COA-R3-CV
Authoring Judge: Judge Kristi M. Davis
Trial Court Judge: Commissioner James A. Hamilton, III

Following the death of his minor child, the appellant filed suit against the State of Tennessee in the Tennessee Claims Commission (the “Claims Commission”) asserting claims for wrongful death and for violation of his rights as a crime victim. The Claims Commission granted partial summary judgment and partial judgment on the pleadings in favor of the State. The appellant appeals the judgment of the Claims Commission. Having determined that the appellant’s brief is not compliant with the relevant rules of briefing in this Court, we conclude that his issues purportedly raised on appeal are waived. The appeal is dismissed.

State of Tennessee v. Jerry Donald Brown, III
M2023-01220-CCA-R3-CD
Authoring Judge: Judge J. Ross Dyer
Trial Court Judge: Judge M. Caleb Bayless

The defendant, Jerry Donald Brown, III, appeals the order of the trial court denying his motion to withdraw his guilty plea. Upon our review of the record and the parties’ briefs, we affirm the trial court’s decision.

Michael Halliburton v. Blake Ballin, et al.
W2023-01285-COA-R3-CV
Authoring Judge: Chief Judge D. Michael Swiney
Trial Court Judge: Judge Gina C. Higgins

Michael Halliburton (“Halliburton”) filed a lawsuit against his former attorney, Blake Ballin (“Ballin”) and Ballin’s law firm, Ballin, Ballin & Fishman, P.C. (“Ballin Firm”) in the Circuit Court for Shelby County (“the Trial Court”). Ballin and Ballin Firm filed a motion to dismiss Halliburton’s amended complaint. The Trial Court granted the motion to dismiss, and Halliburton has appealed. Having reviewed the record and briefs in this case, we conclude that Halliburton presents an issue unreviewable by this Court and that Halliburton’s appellate brief, accordingly, does not comply with Tennessee Rule of Appellate Procedure 27. We affirm the Trial Court.