State of Tennessee v. Camden A. Miller
M2023-01067-CCA-R3-CD
Authoring Judge: Judge Tom Greenholtz
Trial Court Judge: Judge William R. Goodman, III

The Defendant, Camden A. Miller, pled guilty to two counts of aggravated sexual battery of a victim under the age of thirteen and was sentenced to serve an effective sentence of twenty years. Thereafter, the Defendant filed a motion pursuant to Tennessee Rule of Criminal Procedure 36.1, seeking to have his aggregate sentence declared illegal because it contravenes his status as a Range I, standard offender. The trial court summarily dismissed the motion, and the Defendant appealed to this court. Upon our review, we respectfully affirm the judgment of the trial court.

State of Tennessee v. Gustavio Rousseau
M2023-01320-CCA-R3-CD
Authoring Judge: Judge Kyle A. Hixson
Trial Court Judge: Judge William R. Goodman, III

The Circuit Court for Montgomery County sentenced the Defendant, Gustavio Rousseau, as a Range I offender to twenty-four years at thirty percent in the Tennessee Department of Correction following his guilty-pleaded conviction for attempted first degree murder. On appeal, the Defendant argues that the trial court abused its discretion by sentencing him to one year less than the maximum sentence in the applicable range. The Defendant specifically argues that the trial court erred in applying the enhancement factor of Tennessee Code Annotated section 40-35-114(2), finding that the Defendant was a leader in the commission of an offense involving two or more criminal actors. The Defendant also argues that the trial court erred in not giving due consideration to sentencing principles since the Defendant had accepted responsibility in entering an open plea and had no prior felonies. The State contends that the Defendant has failed to show that the trial court abused its discretion because the Defendant did not overcome the presumption of reasonableness accorded to the trial court’s sentencing decision. Following our review, we affirm the judgment of the trial court.

John Milton Arledge v. Darl Smith, Et Al.
M2022-01471-COA-R3-CV
Authoring Judge: Chief Judge D. Michael Swiney
Trial Court Judge: Senior Judge Robert E. Lee Davies

John Milton Arledge (“Arledge”) filed a complaint seeking to quiet title to property he purported to own and the ejection of Darl Smith (“Smith”) from the disputed property. Smith filed a motion for summary judgment, which the Warren County Circuit Court (“the Trial Court”) granted. Arledge appeals. Discerning no reversible error, we affirm.

In Re Azay C., et al.
W2022-01156-COA-R3-JV
Authoring Judge: Presiding Judge J. Steven Stafford
Trial Court Judge: Judge Jerry Stokes

In this case, Mother appeals the trial court’s severe abuse finding, after one of her children was killed in a car accident while she was driving. The trial court found that Mother failed to protect her children when she failed to ensure that the children were properly restrained in the automobile. Discerning no reversible error, we affirm.

State of Tennessee v. Mario Rogers
W2023-01310-CCA-R3-CD
Authoring Judge: Judge Jill Bartee Ayers
Trial Court Judge: Judge Carolyn W. Blackett

Defendant, Mario Rogers, appeals his conviction for second degree murder, arguing that the evidence was insufficient to support his conviction because the State failed to establish his identity as the perpetrator or that he acted with the requisite mental state. Upon review of the entire record, the briefs of the parties, and the applicable law, we affirm the judgment of the trial court.

State of Tennessee v. James E. Johnson
M2023-01477-CCA-R3-CD
Authoring Judge: Judge J. Ross Dyer
Trial Court Judge: Judge Jennifer Smith

The petitioner, James E. Johnson, appeals from the Davidson County Criminal Court’s summary dismissal of his pro se motion to correct an illegal sentence pursuant to Tennessee Rule of Criminal Procedure 36.1. Discerning no error, we affirm the judgment of the trial court.

Edward Jones Trust Company, as personal representative of the Estate of Charles S. Woods, Jr. v. Kathy Marie Woods
M2023-00172-COA-R3-CV
Authoring Judge: Judge Andy D. Bennett
Trial Court Judge: Chancellor Charles K. Smith

A widow received pension benefits that were payable only to her as a surviving spouse. A
trust company representing the decedent’s estate filed suit against the widow arguing that
she breached the antenuptial agreement between her and the decedent that required her to
disclaim any right she had in the decedent’s separate property. The trial court granted
summary judgment to the widow after concluding that the antenuptial agreement contained
an exception that allowed the widow to retain pension benefits that were payable only to
her as surviving spouse. The trust company appealed. Because the antenuptial agreement
is ambiguous, we reverse and remand for further proceedings.

Jeffrey Neal Olive v. State of Tennessee
M2023-00719-CCA-R3-PC
Authoring Judge: Judge Tom Greenholtz
Trial Court Judge: Judge Forest A. Durard, Jr.

A Marshall County jury convicted the Petitioner, Jeffrey Neal Olive, of second degree murder, and he was sentenced to a term of twenty years. Thereafter, the Petitioner filed for post-conviction relief, alleging that his trial counsel was ineffective and that he was denied his rights to a fair trial and due process of law. The post-conviction court denied the petition, and the Petitioner appealed. On appeal, the Petitioner asserts that trial counsel was ineffective by (1) failing to thoroughly investigate the case and potential defenses; (2) failing to discuss with the Petitioner his right to testify and allow him to testify at trial; (3) failing to challenge various pieces of evidence; and (4) encouraging the jury to convict the Petitioner of the lesser-included offense of voluntary manslaughter instead of the charged offense of second degree murder. The Petitioner also alleges that his rights to a fair trial and due process of law were violated in the taking of a pretrial statement and the faulty preservation of evidence. Finally, the Petitioner argues that the cumulative effect of the errors warrants post-conviction relief. Upon our review, we respectfully affirm the judgment of the post-conviction court.

In Re Treylynn T., et al.
W2023-00752-COA-R3-PT
Authoring Judge: Chief Judge D. Michael Swiney
Trial Court Judge: Chancellor Steven W. Maroney

This appeal concerns the termination of a mother’s parental rights. Amanda L. W. (“Foster Mother”) and Brian L. W. (“Foster Father”) (“Foster Parents,” collectively) filed a petition in the Chancery Court for Madison County (“the Trial Court”) seeking to terminate the parental rights of Angel T. (“Mother”) and Fortrell C. (“Father”) to their minor children Treylynn T. and Amelia C. (“the Children,” collectively). The Tennessee Department of Children’s Services (“DCS”), the Children’s legal custodian, supported the petition. This matter arose after Amelia received a suspicious head injury while in Father’s care. Mother never accepted that Father was responsible despite Father’s ensuing nolo contendere plea to attempted aggravated child abuse. After a hearing, the Trial Court terminated Mother’s parental rights on three grounds. The Trial Court found further that termination of Mother’s parental rights is in the Children’s best interest. Mother appeals, arguing only that the Trial Court erred in its best interest determination. We find, as did the Trial Court, that the grounds of substantial noncompliance with the permanency plan, persistent conditions, and failure to manifest an ability and willingness to assume custody were proven against Mother by clear and convincing evidence. We further find by clear and convincing evidence, as did the Trial Court, that termination of Mother’s parental rights is in the Children’s best interest. We affirm.

In Re Estate of Peggy Jean Semanek
M2023-01644-COA-R3-CV
Authoring Judge: Judge Arnold B. Goldin
Trial Court Judge: Judge Russell Parkes

This appeal concerns the trial court’s determination that Tennessee law does not require a testator to sign their will prior to an attesting witness subscribing their signature as a witness to the will. Upon review of the relevant statutory language and associated case law, we conclude that Tennessee law requires that a testator sign their will prior to an attesting witness subscribing their own signature, and therefore, we reverse the judgment of the trial court.

George E. Gamble, III v. Patricia D. Morris
E2024-00683-COA-R3-CV
Authoring Judge: Per Curiam
Trial Court Judge: Chancellor Jerri Bryant

Because the order from which the appellant has filed an appeal does not constitute a final appealable judgment,
this Court lacks jurisdiction to consider this appeal.

State of Tennessee v. Kireek Kaseem Steele
M2023-00695-CCA-R3-CD
Authoring Judge: Judge J. Ross Dyer
Trial Court Judge: Judge William R. Goodman, III

A Montgomery County jury convicted the defendant, Kireek Kaseem Steele, of rape, sexual battery, rape of a child, and two counts of aggravated sexual battery for which he received an effective sentence of thirty years’ incarceration. On appeal, the defendant challenges the sufficiency of the convicting evidence on all five counts. After review, we affirm the judgments of the trial court.

Gary Lee Emory v. State of Tennessee
E2023-01167-CCA-R3-PC
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge Steven Wayne Sword

The petitioner, Gary Lee Emory, appeals the denial of his petition for post-conviction
relief, which petition challenged his multiple convictions of aggravated robbery, robbery,
aggravated burglary, and facilitation of aggravated burglary, alleging that he was deprived
of the effective assistance of counsel. Discerning no error, we affirm the denial of postconviction
relief.

William D. Crowder v. State of Tennessee
M2023-01288-COA-R3-CV
Authoring Judge: Judge Thomas R. Frierson, II
Trial Court Judge: Commissioner James A. Haltom

This case involves the claimant’s pro se appeal from the Tennessee Claims Commission’s dismissal, on res judicata grounds, of his claims of libel and malicious prosecution against the State of Tennessee. The claimant timely appealed to this Court. Because the claimant’s appellate brief does not comply with Tennessee Rule of Appellate Procedure 27 and Tennessee Court of Appeals Rule 6, we hereby dismiss the appeal.

In Re Isaiah M.
E2024-00616-COA-R3-PT
Authoring Judge: Per Curiam
Trial Court Judge: Judge Suzanne Cook

Because no final order has been entered in the underlying trial court proceedings, this Court lacks jurisdiction to consider this appeal.

Vincent Stormes v. FF Property Holdings, LLC
E2023-01430-COA-R3-CV
Authoring Judge: Judge John McClarty
Trial Court Judge: Chancellor James H. Ripley

This is a breach of contract action involving the sale of real property in which the plaintiff seller alleged that the defendant buyer withdrew from the sale in violation of the terms of the contract. The trial court granted summary judgment in favor of the plaintiff. We affirm.

Carlos Key v. State of Tennessee
W2023-01037-CCA-R3-PC
Authoring Judge: Judge John W. Campbell, Sr.
Trial Court Judge: Judge Carlyn L. Addison

The Petitioner, Carlos Key, appeals the Shelby County Criminal Court’s dismissal of his post-conviction petition, seeking relief from his convictions of first degree premeditated murder and two counts of attempted first degree premeditated murder and resulting effective sentence of life plus fifty years. On appeal, the Petitioner contends that the post conviction court erred by summarily dismissing his petition. Based upon the oral arguments, the record, and the parties’ briefs, we affirm the judgment of the post conviction court.

Aloha Pools & Spas of Jackson, LLC v. Khaled Eleiwa a/k/a Kevin Eleiwa
W2023-00941-COA-R3-CV
Authoring Judge: Judge Carma Dennis McGee
Trial Court Judge: Judge Joseph T. Howell

This appeal arises from a dispute over the construction of a swimming pool. The defendant entered into a written contract with the plaintiff for the construction of a pool at the defendant’s home. The plaintiff later filed a complaint alleging that the defendant failed to pay the amount due under the contract. The defendant filed a counter-complaint and alleged breach of contract, fraud and/or misrepresentation, and violations of the Tennessee Consumer Protection Act. After a bench trial, the trial court found in favor of the plaintiff. The defendant subsequently filed a motion for relief from the judgment, which the trial court denied. The defendant appeals. We affirm the trial court’s decision and remand for determination of appellate attorney’s fees.

Janice Farmer v. Wal-Mart Stores East, LP
W2023-00468-COA-R3-CV
Authoring Judge: Judge Kenny Armstrong
Trial Court Judge: Judge A. Blake Neill

Appellant filed this premises liability action against Appellee after she fell inside Appellee’s store. The trial court granted Appellee’s motion for summary judgment, finding that Appellant failed to establish that a dangerous condition existed or that Appellee had actual or constructive knowledge of a dangerous condition, if it did exist. Discerning no error, we affirm.

John Doe Corp. v. Kennerly, Montgomery & Finley, P.C.
E2023-00236-COA-R3-CV
Authoring Judge: Judge D. Michael Swiney
Trial Court Judge: Judge Christopher D. Heagerty

This is a legal malpractice suit filed by John Doe Corporation (“Plaintiff”) against its former counsel, Kennerly, Montgomery & Finley, P.C. (“Defendant”). The case arises from the expiration of a judgment obtained by Plaintiff against a defendant (“the third party”) in a suit that concluded more than a decade ago, and
Defendant’s alleged failure to advise Plaintiff of the judgment’s impending expiration. The legal malpractice
action was before Judge William T. Ailor, who had represented the third party in the underlying suit before
becoming a judge. Judge Ailor granted Defendant’s motion to dismiss based on Plaintiff’s failure to bring the
action within the time set by the relevant statute of limitations. After becoming aware of Plaintiff’s and the
third party’s identities, Judge Ailor recused himself while Plaintiff’s motion to alter or amend the judgment was
pending. Plaintiff sought to void the judgment dismissing the case. Chancellor Christopher D. Heagerty was
assigned to sit by interchange over the case and denied Plaintiff’s motion. Plaintiff appealed. Discerning no
reversible error, we affirm.

In Re Aubrianna O.
E2023-00842-COA-R3-PT
Authoring Judge: Judge Thomas R. Frierson, II
Trial Court Judge: Judge Carter S. Moore

In this case involving termination of the mother’s parental rights to her child, the trial court found that three
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 mother’s parental rights was in
the child’s best interest. The mother has appealed. Having determined that the trial court erred by failing to make
sufficient findings of fact and conclusions of law concerning the ground of abandonment by failure to visit and the best interest analysis, we vacate those portions of the trial court’s judgment and remand for further findings of fact and conclusions of law. In all other respects, we affirm the judgment of the trial court.

Sarah Elizabeth Woodruff ex rel. Ethan Woodruff et al. v. Ford Motor Company et al.
E2023-00488-COA-R3-CV
Authoring Judge: Judge John McClarty
Trial Court Judge: Judge William T. Ailor

After a tragic motor vehicle accident caused her husband’s death and her minor child’s serious injuries, the plaintiff filed this products liability action against several manufacturers and sellers. The plaintiff appeals from the trial court’s order granting summary judgment in favor of Dorel Juvenile Group, Inc., a booster seat manufacturer. Based on the Tennessee Supreme Court’s majority opinion in Carolyn Coffman, et al. v. Armstrong International, Inc., et al., 615 S.W.3d 888 (Tenn. 2021), and the relevant provisions of the Tennessee Products Liability Act, we affirm the trial court.

State of Tennessee v. Demetrius A. Brooks
M2023-01135-CCA-R3-CD
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge Jennifer Smith

The defendant, Demetrius A. Brooks, appeals the Davidson County Criminal Court’s order revoking his probation and ordering him to serve the balance of his eight-year sentence for his guilty-pleaded convictions of selling .5 grams or more of cocaine in confinement. Discerning no error, we affirm.

State of Tennessee v. Rickie Lumley
W2023-00622-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Mark L. Hayes

After a 2022 bench trial, the trial court convicted the Defendant, Rickie Lumley, of felony evading arrest, and subsequently sentenced him as a Career Offender to twelve years of incarceration. On appeal, the Defendant contends that the evidence is insufficient to support his Class D felony conviction for felony evading arrest because his flight did not create a risk of death or injury to innocent bystanders or other third parties. He contends that his conviction should have only been for a Class E felony. After review, we affirm the trial court’s judgment.

Andre Terry v. State of Tennessee
E2023-00684-CCA-R3-PC
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge Hector Sanchez

Petitioner, Andre Terry, appeals the Knox County Criminal Court’s denial of his petition
for post-conviction relief. Petitioner asserts on appeal that the post-conviction court erred
in concluding that he received the effective assistance of trial counsel, specifically as it
related to his failure to procure a plea offer from the State. The State counters that the postconviction
court properly denied relief. We ordered supplemental briefing as to whether
the post-conviction court had jurisdiction to consider this petition. We hold that the postconviction
court did not have jurisdiction to consider the petition because the pro se postconviction
petition was deficient, and thus a nullity, and the amended petition was filed
outside of the statute of limitations. Accordingly, we vacate the judgment of the postconviction
court and dismiss the petition.