Reginol L. Waters v. Tennessee Department of Correction et al.
M2022-00316-COA-R3-CV
Authoring Judge: Presiding Judge Frank G. Clement, Jr.
Trial Court Judge: Judge Michael E. Spitzer

This appeal arises from the dismissal of a petition for common law writ of certiorari in which the petitioner, an inmate in the custody of the Tennessee Department of Correction (“TDOC”), appeals a disciplinary conviction for “unauthorized financial transactions activity” by the Disciplinary Board at the Turney Center Industrial Complex. The respondents, the State of Tennessee and several governmental officials, filed a joint motion to dismiss the petition on the grounds that the petition was not properly verified as required by Tennessee Code Annotated § 27-8-104 and the petitioner failed to pay the mandatory initial filing fee pursuant to Tennessee Code Annotated § 41-21-807. The chancery court granted the motion and dismissed the petition with prejudice on the grounds “the statutory requirements of T.C.A. § 27-8-104 and § 41-21-807 are mandatory and have not been met in this case, and failure to comply results in a defective filing by the Petitioner[.]” This appeal followed. We reverse the decision to dismiss based on the filing fee requirements under Tennessee Code Annotated § 41-21-807. Nevertheless, we affirm the dismissal of the petition with prejudice for lack of subject matter jurisdiction based on the petitioner’s failure to file a petition that complied with the verification requirements under Tennessee Code Annotated § 27-8-104 within 60 days of the entry of the judgment of which the petitioner seeks review.

Bethany Michelle Lovelady v. Nicholas Heath Lovelady
E2023-00020-COA-R3-CV
Authoring Judge: Per Curiam
Trial Court Judge: Judge Tammy M. Harrington

Because the order appealed from does not constitute a final appealable judgment, this Court lacks jurisdiction to consider this appeal.

William Foehring, Et Al. v. Town of Monteagle, Tennessee, Et Al.
M2022-00917-COA-R3-CV
Authoring Judge: Chief Judge D. Michael Swiney
Trial Court Judge: Chancellor Melissa Thomas Willis

This appeal concerns whether a municipality must have a general plan for development before it can exercise its zoning power. William Foehring, Janice Foehring, William Best, Mary Beth Best, Ron Terrill, and Sandra Terrill (collectively, “Plaintiffs”) sued the Town of Monteagle, Tennessee (“the Town”) and RBT Enterprises, LLC (“RBT”)1 (collectively, “Defendants”) for declaratory judgment in the Chancery Court for Marion County (“the Trial Court”). Plaintiffs challenged the rezoning of a certain parcel which allowed for the development of a truck stop near their homes. Plaintiffs argued that the zoning ordinances at issue, 05-21 and 12-21, were invalid because the Town had no comprehensive or general plan in effect. The Trial Court ruled in favor of Defendants. Plaintiffs appeal. We hold, inter alia, that no comprehensive or general plan was required before the Town could exercise its zoning powers. It was sufficient that the Monteagle Regional Planning Commission (“the Commission”) transmitted to the Town Board of Mayor and Aldermen (“the Board”), the Town’s chief legislative body, the text of a zoning ordinance and zoning maps, which comprised the zoning plan. We affirm the judgment of the Trial Court.

State of Tennessee v. Michael Wojnarek
M2022-00326-CCA-R3-CD
Authoring Judge: Judge John W. Campbell, Sr.
Trial Court Judge: Judge Robert Bateman

The Defendant, Michael Wojnarek, appeals the revocation of his probation and reinstatement of his original sentence in confinement, arguing that the trial court erred by considering evidence found in violation of the Fourth Amendment and by failing to make adequate findings in support of its decision. Based on our review, we affirm the judgment of the trial court.

In Re Ciara O., Et Al.
E2022-01179-COA-R3-PT
Authoring Judge: Judge Carma Dennis McGee
Trial Court Judge: Judge James Cotton

This is an appeal involving the termination of parental rights.  The trial court terminated the parental rights of the mother and the fathers of the children on the following grounds: (1) abandonment by failure to support; (2) substantial noncompliance with a permanency plan; (3) persistent conditions; and (4) failure to manifest an ability and willingness to assume custody. The trial court also found that termination was in the best interest of the children.  Only the mother appeals. We affirm.

State of Tennessee v. Miron D. Johnson
W2022-00234-CCA-R3-CD
Authoring Judge: Judge Kyle A. Hixson
Trial Court Judge: Judge Tony A. Childress

The Defendant, Miron D. Johnson, was convicted by a Dyer County jury of evading arrest,
a Class D felony; misdemeanor evading arrest; felony reckless endangerment; and driving
on a revoked license, fourth offense. On appeal, the Defendant contends that the evidence
was insufficient to sustain his convictions for felony evading arrest and felony reckless
endangerment. Relative to his felony evading arrest conviction, the Defendant specifically
argues that his conduct did not create a risk of death or injury to others. For his felony
reckless endangerment conviction, the Defendant argues that his vehicle was not used as a
deadly weapon and that the threat of death or serious bodily injury was not imminent. The
Defendant further contends that the trial court erred by imposing fines without making
findings regarding the Defendant’s ability to pay. Following our review, we affirm the
judgments of the trial court.

State of Tennessee v. Charles Rutledge
M2022-00226-CCA-R3-CD
Authoring Judge: Judge Camille R. McMullen
Trial Court Judge: Judge Mark J. Fishburn

Following a bench trial, the Appellant, Charles Rutledge, was convicted of second-degree murder, for which he received a sentence of twenty-eight years’ imprisonment. In this appeal, the Appellant presents two issues for review: 1) whether the evidence was sufficient to sustain his conviction, and 2) whether the State failed to disclose witness information in violation of Brady v. Maryland, 373 U.S. 83 (1963). Upon our review, we affirm.

Eric Foster v. State of Tennessee
E2022-00787-CCA-R3-PC
Authoring Judge: Judge Kyle A. Hixson
Trial Court Judge: Judge Steven Wayne Sword

The Petitioner, Eric Foster, appeals the Knox County Criminal Court’s dismissal of his
petition for post-conviction relief from his convictions for one count of aggravated rape,
two counts of rape, one count of statutory rape, and one count of exhibition of harmful
material to a minor. On appeal, the Petitioner argues that the post-conviction court erred
by dismissing his petition for post-conviction relief as untimely. The Petitioner argues that
he is entitled to due process tolling of the statute of limitations because he pursued his
rights diligently and there were extraordinary circumstances preventing his timely filing.
We affirm the judgment of the post-conviction court.

State of Tennessee v. Isaias Rodriguez
W2022-00894-CCA-R3-CD
Authoring Judge: Judge J. Ross Dyer
Trial Court Judge: Judge Clayburn Peeples

The defendant, Isaias Rodriguez, was convicted of rape of a child, a Class A felony, and
sentenced to forty years at 100% in the Department of Correction. On appeal, the defendant
argues: (1) there was insufficient proof of the forensic interviewer’s years of experience as
required by statute for admission of the victim’s forensic interview; (2) the trial court erred
in failing to make specific findings regarding the qualifications of the child advocacy center
as required by statute for admission of the victim’s forensic interview; and (3) the evidence
is insufficient to sustain the defendant’s conviction without the improperly admitted
forensic interview of the victim. After review, we affirm the trial court’s finding regarding
the interviewer’s years of experience and determine the defendant has waived his issue
regarding the qualifications of the child advocacy center. In addition, we determine that
the evidence is sufficient to sustain the defendant’s conviction. Therefore, we affirm the
judgment of the trial court.

State of Tennessee v. Latosha Starks-Twilley
W2022-00020-CCA-R3-CD
Authoring Judge: Judge Camille R. McMullen
Trial Court Judge: Judge James M. Lammey

A Shelby County Criminal Court jury convicted the Defendant, Latosha Starks-Twilley, of
first degree premeditated murder, and the trial court imposed a sentence of life
imprisonment. On appeal, the Defendant argues: (1) the trial court erred in allowing the
State to ask the defense expert prejudicial questions; (2) the trial court erred in allowing
the State to ask the defense expert whether the Defendant met the criteria for antisocial
personality disorder; (3) the trial court erred in prohibiting the defense from asking its own
expert about whether the Defendant lacked the capacity to form the mens rea required for
the offense; (4) the trial court erred in denying the Defendant’s request for the pattern jury
instruction on reckless homicide; (5) the trial court erred in admitting certain photographs
of the deceased victim into evidence; and (6) the evidence is insufficient to sustain her
conviction. After review, we affirm the judgment of the trial court.

In Re A.W. Et Al.
E2022-01088-COA-R3-PT
Authoring Judge: Judge Jeffrey Usman
Trial Court Judge: Judge Brian J. Hunt

Mother appeals the trial court’s termination of her parental rights as to two of her children.
The trial court found as grounds for termination abandonment for failure to provide a
suitable home, persistent conditions, and failure to manifest an ability and willingness to
assume legal and physical custody of the children. The trial court also found that
termination was in the best interest of both children. We find clear and convincing
evidence supports the trial court’s findings as to the grounds for termination and the best
interests of the children. Accordingly, we affirm the trial court’s judgment.

Gregg Merrilees v. State of Tennessee - Concurring in part and Dissenting in part
M2021-01324-CCA-R3-PC
Authoring Judge: Judge Tom Greenholtz
Trial Court Judge: Judge James A. Turner

I have the privilege to join the majority’s well-reasoned opinion in large part. For example, I agree that a post-conviction petitioner cannot raise a stand-alone claim seeking dismissal based upon an alleged legal insufficiency of the convicting evidence. I also agree that the Petitioner here has not shown that he received the ineffective assistance of counsel with respect to the victim’s testimony and the in-court identification.2 Finally, I agree that trial counsel rendered deficient performance in failing to raise and argue that the accomplice’s testimony was not sufficiently corroborated. Where I respectfully part ways with the majority concerns its analysis of whether the Petitioner has shown that the reliability of his verdict was undermined by trial counsel’s failure to argue a lack of corroboration.

State of Tennessee v. Tinisha Nicole Spencer
E2022-00350-CCA-R3-CD
Authoring Judge: Judge Kyle A. Hixson
Trial Court Judge: Judge G. Scott Green

The Defendant, Tinisha Nicole Spencer, appeals her jury conviction for driving under the
influence, fifth offense. The trial court sentenced her to two years suspended after service
of 150 days in jail. On appeal, the Defendant challenges whether the State established an
unbroken chain of custody for her blood sample, whether the sentence enhancement counts
were void because they included the dates of the prior offenses rather than the dates of
conviction as required by statute, and whether the sentence enhancement counts vested the
trial court with jurisdiction to sentence her as a multiple offender because they incorporated
a facially void judgment. Following our review, we affirm the judgments of the trial court.

Katrina Greer ET AL. v. Fayette County, Tennessee Board of Zoning Appeals ET AL.
W2022-00783-COA-R3-CV
Authoring Judge: Judge Kenny Armstrong
Trial Court Judge: Judge William C. Cole

Appellants filed a petition for common law writ of certiorari, seeking judicial review of
Appellee Fayette County Board of Zoning Appeals’ grant of a special exception to other
Appellees for the construction of a solar farm. The trial court denied the writ of certiorari.
Discerning no error, we affirm.

Gregg Merrilees v. State of Tennessee
M2021-01324-CCA-R3-PC
Authoring Judge: Judge Camille R. McMullen
Trial Court Judge: Judge James A. Turner

In this post-conviction appeal, the Petitioner-Appellant, Gregg Merrilees, seeks relief from his original convictions of aggravated robbery and robbery in concert with two or more persons, for which he received an effective sentence of sixteen years’ imprisonment. He subsequently filed a petition seeking post-conviction relief, which was denied by the postconviction court. The Petitioner now appeals and raises a stand-alone challenge to the sufficiency of the evidence. In addition, the Petitioner argues four grounds in support of his ineffective assistance of counsel claim: (1) trial counsel’s failure to challenge the sufficiency of the evidence based on the lack of accomplice corroboration in a motion for judgment of acquittal or on direct appeal; (2) trial counsel’s failure to request a jury instruction on accomplice corroboration; (3) trial counsel’s failure to object based on speculation to the hotel clerk-victim’s accusation that the Petitioner was involved in the offenses based on the hotel clerk-victim’s “gut”; and (4) trial counsel’s failure to object to “the unconstitutional show-up” identification of the Petitioner by the hotel clerk-victim at trial. Upon our review, we affirm.

Automotive Performance Technologies, LLC v. State of Tennessee
W2023-00186-COA-R3-CV
Authoring Judge: Per Curiam
Trial Court Judge: Commissioner James A. Hamilton, III

The notice of appeal in this case was not timely filed. Therefore, this Court lacks
jurisdiction to consider this appeal.

State of Tennessee v. Tavarius Goliday
M2022-00378-CCA-R3-CD
Authoring Judge: Judge John W. Campbell, Sr.
Trial Court Judge: Judge William R. Goodman, III

The Defendant, Tavarius Goliday, was convicted in the Montgomery County Circuit Court
of first degree premeditated murder, conspiracy to commit first degree murder, and reckless
endangerment with a deadly weapon and received an effective sentence of life in
confinement. On appeal, the Defendant contends that the trial court erred by overruling
his objection to evidence about a gang-related tattoo on his hand and that the evidence is
insufficient to support his convictions. Based upon the oral arguments, the record, and the
parties’ briefs, we affirm the judgments of the trial court but remand the case for correction
of the judgment of conviction as to count one, first degree murder.

Sevier County, Tennessee, Et Al. v. Tennessee State Board of Equalization, Et Al.
E2022-00773-COA-R3-CV
Authoring Judge: Judge John W. McClarty
Trial Court Judge: Chancellor Telford E. Forgety, Jr.

This is an administrative property tax appeal concerning the classification of real property
for ad valorem tax purposes. This action originated with a taxpayer appeal of the property
valuation by the Sevier County property assessor. On appeal, the administrative law judge
re-classified the property as commercial, resulting in a tax assessment of 40% of the fair
market property value. The Assessment Appeals Commission reversed the classification.
The trial court affirmed the reversal. We now reinstate the commercial classification.

Sevier County, Tennessee, Et Al. v. Tennessee State Board of Equalization, Et Al.
E2022-00777-COA-R3-CV
Authoring Judge: Judge John W. McClarty
Trial Court Judge: Chancellor Telford E. Forgety, Jr.

This is an administrative property tax appeal concerning the classification of real property
for ad valorem tax purposes. This action originated with a taxpayer appeal of the property
valuation by the Sevier County property assessor. On appeal, the administrative law judge
re-classified the property as commercial, resulting in a tax assessment of 40% of the fair
market property value. The Assessment Appeals Commission reversed the classification.
The trial court affirmed the reversal. We now reinstate the commercial classification.

Thomas Stephen Goughenour, Jr. v. Marion Michelle Goughenour
M2022-00297-COA-R3-CV
Authoring Judge: Judge Arnold B. Goldin
Trial Court Judge: Judge Bonita Jo Atwood

This is an appeal from a final decree of divorce involving the trial court’s award of parenting time and requiring parental restrictions. The trial court entered a permanent parenting plan in which Mother and Father were awarded equal parenting time, with Father being named the primary residential parent. The trial court also ordered that neither Father nor Mother were to consume alcohol in the presence of Child. Father appeals. Having carefully reviewed the record, we affirm the trial court’s order. We further award Mother her attorney’s fees on appeal and remand to the trial court for a determination of the amount awarded.

Christopher Bostick v. State of Tennessee
W2022-00723-CCA-R3-PC
Authoring Judge: Judge Kyle A. Hixson
Trial Court Judge: Judge Jennifer Johnson Mitchell

The Petitioner, Christopher Bostick, appeals the Shelby County Criminal Court’s denial of
his petition for post-conviction relief from his convictions for rape of a child and
aggravated sexual battery. On appeal, the Petitioner argues that the post-conviction court
erred by denying his claims that he received the ineffective assistance of trial counsel. We
affirm the post-conviction court’s judgment.

In Re Parker F. Et Al.
M2022-01110-COA-R3-PT
Authoring Judge: Judge W. Neal McBrayer
Trial Court Judge: Judge Kathryn Wall Olita

A father appeals the termination of his parental rights to two children. The trial court concluded that the petitioners proved four statutory grounds for termination by clear and convincing evidence. The court also concluded that there was clear and convincing evidence that termination was in the children’s best interest. After a thorough review, we agree and affirm.

State of Tennessee v. Joshua X. Beasley
E2021-01483-CCA-R3-CD
Authoring Judge: Judge John W. Campbell, Sr.
Trial Court Judge: Judge Steven Wayne Sword

The Defendant, Joshua X. Beasley, was convicted in the Knox County Criminal Court of
various drug offenses committed within a drug-free zone and received an effective fifteenyear
sentence to be served at one hundred percent in confinement. Subsequently, the trial
court granted his motion to resentence him pursuant to the amended version of the Drug-
Free Zone Act and imposed an effective twelve-year sentence to be served at thirty percent
release eligibility. On appeal, the Defendant contends that the evidence is insufficient to
support his convictions and that the trial court erred by initially sentencing him under the
previous version of the Act. Based upon the oral arguments, the record, and the parties’
briefs, we affirm the Defendant’s convictions but remand for resentencing as to his
conviction in count four, delivering fentanyl, and correction of the judgment.

Torrance Taylor v. Board of Administration, City of Memphis Retirement System
W2022-00896-COA-R3-CV
Authoring Judge: Chief Judge D. Michael Swiney
Trial Court Judge: Chancellor Gadson W. Perry

This appeal concerns a Memphis police officer’s application for a line-of-duty disability
pension. Torrance Taylor (“Taylor”) filed a petition in the Chancery Court for Shelby
County (“the Trial Court”) seeking judicial review of a decision by the Administrative Law
Judge (“the ALJ”) for the Board of Administration of the City of Memphis Retirement
System denying his application for a line-of-duty disability pension. In 2016, Taylor
injured his left knee in the course of his duty while detaining a suspect. Afterwards, Taylor
retired from the police force and was recommended for ordinary disability benefits. The
ALJ ruled that, based on the opinions of physicians, Taylor’s disability stemmed from a
chronic condition in his left knee and not from his employment. Thus, the ALJ denied
Taylor’s application for a line-of-duty disability pension. The Trial Court upheld the ALJ’s
decision. Taylor appeals to this Court. He argues among other things that, but for his 2016
injury in the line of duty, he would not be disabled. The evidence reflects that Taylor
worked without restriction before the injury in 2016, which ended his police career. We
find that the ALJ’s decision was unsupported by substantial and material evidence. We
further find that the ALJ’s decision was arbitrary and capricious. Taylor is entitled to a
line-of-duty disability pension. We reverse the judgment of the Trial Court.

Torrance Taylor v. Board of Administration, City of Memphis Retirement System -Dissent
W2022-00896-COA-R3-CV
Authoring Judge: Judge Jeffrey Usman
Trial Court Judge: Chancellor Gadson W. Perry

The majority thoughtfully examines the evidence in the present case and may even
have reached a better understanding of the actual cause of Officer Torrance Taylor’s injury
than was arrived at by the City of Memphis Pension Board and the hearing officer.
However, in its analysis, the majority has engaged, at least in my view, in a reweighing of
the evidence that exceeds the scope of this court’s authority when reviewing such decisions
under the Uniform Administrative Procedures Act. Therefore, I respectfully dissent.