Marshall G. Tate v. State of Tennessee
M2022-01358-CCA-R3-PC
Authoring Judge: Judge Matthew J. Wilson
Trial Court Judge: Judge Bradley D. Sherman

After remand by the Tennessee Supreme Court, we reconsider Petitioner’s, Marshall G. Tate’s, appeal from the Franklin County Circuit Court’s order denying him post-conviction relief. On appeal, Petitioner argues he received ineffective assistance of counsel when he pleaded guilty to driving with a blood alcohol concentration of .08 percent or more (DUI per se). Petitioner also argues counsel’s ineffective assistance rendered his guilty plea unknowing and involuntary. Following our review of the record, the parties’ briefs, and the applicable law, we affirm the judgment of the post-conviction court.

In Re Logan F.
M2023-01280-COA-R3-PT
Authoring Judge: Judge Carma Dennis McGee
Trial Court Judge: Judge M. Caleb Bayless

This appeal concerns a petition to terminate a father’s parental rights. The trial court found by clear and convincing evidence that four grounds for termination existed: (1) abandonment by failure to visit; (2) abandonment by failure to support; (3) incarceration under a ten-year sentence; and (4) failure to manifest an ability and willingness to assume custody or financial responsibility. The trial court also found that termination was in the best interest of the child. The father appeals. We reverse the trial court’s finding that clear and convincing evidence established the grounds of abandonment by failure to visit and abandonment by failure to support. However, we affirm its findings that the remaining grounds were proven and that termination was in the best interest of the child.

In Re Bentley E.
W2023-00846-COA-R3-PT
Authoring Judge: Judge Kenny Armstrong
Trial Court Judge: Chancellor W. Michael Maloan

This is a termination of parental rights and adoption case. Appellant/Father appeals the
trial court’s termination of his parental rights on the ground of abandonment by failure to
provide more than token support and failure to exercise more than token visitation. Father
also appeals the trial court’s determination that termination of his parental rights is in the
child’s best interest. Because Father met his burden to show that his failure to provide
support and to visit was not willful, we reverse the trial court’s order terminating his
parental rights and granting Appellees’ petition for adoption.

In Re Bentley E. - Dissent
W2023-00846-COA-R3-PT
Authoring Judge: Presiding Judge J. Steven Stafford
Trial Court Judge: Chancellor W. Michael Maloan

The Majority Opinion concludes that the trial court erred in finding clear and
convincing evidence that Father abandoned the Child by failing to either visit or support
him in the four months prior to the filing of the termination petition. See Tenn. Code Ann.
§ 36-1-113(g)(1) (stating that “abandonment” by the parent is a ground for termination of
parental rights); Tenn. Code Ann. § 36-1-102(1)(A) (offering several definitions of the
term “abandonment,” including failure to visit or support the child in the four consecutive
months preceding the filing of the termination petition, as alleged in this case). Because I
conclude that Tennessee law compels the opposite conclusions, I must respectfully dissent
from the Majority Opinion.

Jack Scott v. Tennessee Department of Transportation
M2023-00422-COA-R3-CV
Authoring Judge: Judge John W. McClarty
Trial Court Judge: Chancellor Charles K. Smith

The Tennessee Department of Transportation terminated a preferred service employee. Following the Step I and Step II appeals, the Board of Appeals upheld the termination. The employee petitioned for judicial review in the trial court. The trial court initially affirmed the Board of Appeals’ decision. The trial court then granted the employee’s motion to alter or amend and reversed the decision of the Board of Appeals. We reverse the trial court’s order.

State of Tennessee v. Jermaine Mitchell Gray
W2023-01158-CCA-R3-CD
Authoring Judge: Presiding Judge Camille R. McMullen
Trial Court Judge: Judge J. Brent Bradberry

The Appellant, Jermaine Mitchell Gray, appeals his conviction of the sale of 0.5 grams or more of methamphetamine for which he received a sentence of ten years’ imprisonment.  He argues: (1) the evidence is insufficient to support his conviction; (2) the State failed to reveal the existence and identity of a second confidential informant in violation of Brady v. Maryland, 373 U.S. 83 (1963); and (3) the trial court denied his right of allocution before sentencing.  We additionally deny appointed counsel’s July 18 motion to withdraw as counsel in this case.  After review, we affirm the trial court’s judgment.

Craig Charles Et Al. v. Raymond Keith McCrary Et Al.
E2023-00608-COA-R3-CV
Authoring Judge: Judge J. Steven Stafford
Trial Court Judge: Judge James E. Lauderback

Defendant appeals a jury verdict finding him liable for breach of contract and fraudulent inducement. We affirm the jury verdict, but reverse, in part, the trial court’s denial of attorney’s fees to the plaintiffs under the parties’ contract. We also award the plaintiffs their attorney’s fees incurred on appeal under Tennessee Code section 27 1-122.

State of Tennessee v. Noah Rashad Lyles
M2023-01063-CCA-R3-CD
Authoring Judge: Judge J. Ross Dyer
Trial Court Judge: Judge Russell Parkes

The defendant, Noah Rashad Lyles, pleaded guilty to theft of property between $1,000 and $2,500, and the trial court imposed a sentence of three years’ incarceration in the Tennessee Department of Correction. On appeal, the defendant argues the trial court erred in denying his request for alternative sentencing. After reviewing the record and considering the applicable law, we affirm the judgment of the trial court.

Michael Vitellaro v. Donna Goodall
M2023-00246-COA-R3-CV
Authoring Judge: Judge Jeffrey Usman
Trial Court Judge: Judge Michael Collins

The Plaintiff suffered significant injuries after falling through a plastic, debris-covered skylight embedded in the roof of the Defendant’s shop building. The Plaintiff sued the Defendant homeowner, alleging that the debris-covered skylight constituted a dangerous condition and that the Defendant failed to warn of its existence prior to the accident. After the Plaintiff did not call the Defendant as a witness and rested his case in chief, the Defendant sought a directed verdict, arguing that the Plaintiff could not establish that the Defendant had actual or constructive notice of the condition. The trial court agreed and granted the Defendant’s motion. Viewing the proof in the light most favorable to the Plaintiff, as required at this stage of the proceeding, we conclude that the trial court erred in granting a directed verdict. We remand for further proceedings.

State of Tennessee v. Cedric Price a/k/a Cedric Hopgood
W2023-01214-CCA-R3-CD
Authoring Judge: Presiding Judge Camille R. McMullen
Trial Court Judge: Judge Donald H. Allen

The Defendant appeals as of right his jury conviction of reckless homicide for which he received a sentence of twelve years’ incarceration. The sole issue presented for our review is whether the evidence was sufficient to support the conviction. Upon our review, we affirm.

State of Tennessee v. Randy Scott Bible
E2023-00593-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Alex E. Pearson

A Hamblen County jury convicted the Defendant, Randy Scott Bible, of aggravated
statutory rape and soliciting sexual exploitation of a minor, and the trial court sentenced
him to a fourteen-year sentence, with one year of confinement and the remainder to be
suspended to supervised probation. On appeal, the Defendant contends that the evidence
is insufficient to support his convictions and that he received the ineffective assistance of
counsel. After review, we affirm the trial court’s judgments.

State of Tennessee v. Shanada Nicole Snipes
W2023-01573-CCA-R3-CD
Authoring Judge: Judge John W. Campbell, Sr.
Trial Court Judge: Judge Joseph T. Howell

The Defendant, Shanada Nicole Snipes, pled guilty in the Madison County Circuit Court to aggravated robbery, aggravated assault, and multiple drug offenses. After a sentencing hearing, she received an effective ten-year sentence to be served in confinement. On appeal, the Defendant claims that the trial court erred by failing to apply mitigating factor (13) to her convictions. Upon review, we conclude that the trial court properly sentenced the Defendant. However, we also conclude that the Defendant’s conviction of possession of a Schedule II controlled substance with intent to sell in count three must be reversed and vacated because the Defendant was not charged with that offense and that the case must be remanded to the trial court for correction of the judgment in count four to reflect that the Defendant received a ten-year sentence for possession of a Schedule II controlled substance with intent to deliver. The Defendant’s convictions and effective ten-year sentence are affirmed in all other respects.

Robert Howard v. Monica Howard
E2023-01438-COA-R3-CV
Authoring Judge: Judge John McClarty
Trial Court Judge: Judge John S. McLellan, III

This appeal concerns the trial court’s dismissal of a petition for an order of protection filed by the appellant
husband. We affirm the trial court’s dismissal of the order of protection but reverse the trial court’s award of
attorney fees to the respondent wife.

In Re Tad F.
E2023-01626-COA-R3-PT
Authoring Judge: Judge John McClarty
Trial Court Judge: Judge Timothy G. Elrod

This action involves the termination of a mother’s parental rights to her minor child. Following a bench trial, the court found that clear and convincing evidence existed to establish the following statutory grounds of termination: (1) abandonment by failure to visit; (2) substantial noncompliance with the permanency plans; and (3) failure to manifest an ability and willingness to assume custody of the child. The court also found that termination was in the best interest of the child. We affirm the trial court’s decision.

State of Tennessee v. Jamie Rebecca Ryan
M2023-01251-CCA-R3-CD
Authoring Judge: Judge Matthew J. Wilson
Trial Court Judge: Judge Forest A. Durard, Jr.

Defendant, Jamie Rebecca Ryan, pleaded guilty in Bedford County Circuit Court to one count of possession of 0.5 grams or more of methamphetamine with intent to sell, a Class B felony. The parties agreed to an eight-year sentence, with the manner of service of sentence left to the trial court’s discretion. Following a sentencing hearing, the trial court ordered Defendant to serve her full sentence in the custody of the Tennessee Department of Correction (TDOC), consecutive to a five-year sentence for a prior unrelated offense. On appeal, Defendant argues the trial court abused its discretion in ordering Defendant to serve a sentence of full incarceration and in imposing consecutive sentences. After review, we affirm the judgment of the trial court.

State of Tennessee v. Trevor Rachell Cullom
E2023-00965-CCA-R3-CD
Authoring Judge: Judge Robert H. Montgomery, Jr.
Trial Court Judge: Judge G. Scott Green

The Defendant, Trevor Rachell Cullom, appeals from the Knox County Criminal Court’s
probation revocation of the ten-year sentence he received for his guilty-pleaded conviction
of attempted unlawful possession of a weapon. On appeal, the Defendant contends that the
trial court abused its discretion by revoking his probation and ordering him to serve the
remainder of his sentence in confinement. We affirm the judgment of the trial court.

Cortney R. Logan v. State of Tennessee
M2023-01391-CCA-R3-ECN
Authoring Judge: Judge Jill Bartee Ayers
Trial Court Judge: Judge Jennifer Smith

Petitioner, Cortney R. Logan, appeals the Davidson County Criminal Court’s summary dismissal of his petition for writ of error coram nobis as untimely. Following our review of the entire record, briefs of the parties, and the applicable law, we affirm the judgment of the coram nobis court.

LaNorris O'Brien Chambers v. State of Tennessee
M2023-00106-CCA-R3-PC
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge Michael W. Binkley

Petitioner, LaNorris O’Brien Chambers, appeals as of right from the Williamson County Circuit Court’s summary dismissal of his pro se petition for post-conviction relief, wherein he challenged his guilty-pleaded convictions for robbery and fraudulent use of a credit or debit card between $1,000 and $2,500 and resulting fifteen-year sentence. After appointed post-conviction counsel filed a notice that no amended petition would be filed, the post-conviction court found that Petitioner had raised a colorable claim of ineffective assistance of counsel; however, the court summarily dismissed the petition, reasoning that Petitioner had “fail[ed] to demonstrate any actual prejudice whatsoever” because he sought to be resentenced rather than rescind his guilty pleas and proceed to trial. On appeal, Petitioner asserts that he is entitled to an evidentiary hearing based upon his claims of having entered an unknowing and involuntary guilty plea after receiving ineffective assistance of counsel. Following our review, we affirm.

Tori Shannon (Barnes) Cole v. Skin RN Aesthetics, LLC Et Al.
M2022-01555-COA-R3-CV
Authoring Judge: Judge W. Neal McBrayer
Trial Court Judge: Judge Kelvin D. Jones

An employer called the police after finding company property in an employee’s purse.  The employee was arrested and charged with felony theft of property.  She was later acquitted.  After the acquittal, the employee sued her former employer for malicious prosecution.  A jury found the employer liable for malicious continuation of the criminal proceedings.  Because there is material evidence in the record to support the jury verdict, we affirm.

Robert Howard v. Monica Howard
E2024-00897-COA-T10B-CV
Authoring Judge: Judge Frank G. Clement Jr.
Trial Court Judge: Judge Suzanne Cook

This is an accelerated interlocutory appeal as of right pursuant to Tennessee Supreme Court Rule 10B section 2.02 from the trial court’s denial of a motion for recusal. Having reviewed the petition for recusal appeal, we affirm the trial court’s decision to deny the motion for recusal.

Angel Marie White v. Jennifer C. Goodfred, D.O. ET AL.
W2023-01225-COA-R3-CV
Authoring Judge: Judge Arnold B. Goldin
Trial Court Judge: Judge Felicia Corbin Johnson

This appeal specifically concerns health care liability claims arising from medical treatment that occurred in 2011 and 2012. After complaints were filed in 2019, the defendants at issue in this appeal sought to have the claims related to the 2011 and 2012 treatment dismissed. The trial court thereafter entered an order dismissing such claims, holding that they were barred by the three-year statute of repose. Although the plaintiff now appeals, her appellate brief is significantly noncompliant with applicable briefing requirements. In light of these briefing deficiencies, we hold that the plaintiff has waived any issues raised and that the appeal should therefore be dismissed.

In Re Silva F.
E2023-00704-COA-R3-PT
Authoring Judge: Judge Jeffrey Usman
Trial Court Judge: Chancellor Ronald Thurman

Mother appeals the termination of her parental rights. The trial court found three grounds for termination: abandonment by failure to visit, abandonment by failure to support, and failure to manifest an ability and willingness to assume custody. The trial court also concluded that terminating Mother’s parental rights was in the child’s best interest. We conclude that the trial court did not err in concluding either that a ground for termination was established or that termination is in the child’s best interest.

State of Tennessee v. Richard Caldwell
M2023-00343-CCA-R3-CD
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Chancellor Howard W. Wilson

Following a trial, a jury found Defendant, Richard Caldwell, guilty of felony evading arrest, reckless driving, and driving on a revoked or suspended license, for which Defendant received an effective two-year sentence. On appeal, Defendant contends that the trial court erred in denying his request for a jury instruction regarding the State’s duty to preserve evidence. After a thorough review of the record and applicable case law, we affirm the judgments of the trial court.

Jamie M. Cooper v. Bradley Cooper
W2023-00555-COA-R3-CV
Authoring Judge: Presiding Judge J. Steven Stafford
Trial Court Judge: Chancellor Vicki Hodge Hoover

In this divorce action, the trial court, inter alia, denied Husband any contact with the parties’ children until he follows all recommendations from a complete psychiatric evaluation and granted Wife a lifetime restraining order. Husband now appeals. We affirm the trial court’s decision to limit Husband’s parenting time pursuant to Tennessee Code Annotated section 36-6-406. We vacate the lifetime restraining order and remand for the trial court to enter a more specific order pursuant to Tennessee Rule of Civil Procedure 65.02.

Colleen Ann Hyder v. Board of Professional Responsibility of the Supreme Court of Tennessee
M2022-01703-SC-R3-BP
Authoring Judge: Justice Dwight E. Tarwater
Trial Court Judge: Senior Judge Thomas J. Wright

In this case, we review a trial court’s determination that a Montgomery County attorney violated Rule 5.5(a) of the Rules of Professional Conduct by practicing law while her license was suspended for failure to pay the professional privilege tax and the accompanying sanction of a public censure. Finding no abuse of discretion, we affirm.