Patrick Marshall v. Brandon Watwood, Warden
W2023-01314-CCA-R3-HC
Authoring Judge: Judge Kyle A. Hixson
Trial Court Judge: Judge Mark L. Hayes

The Petitioner, Patrick Marshall, appeals the Lake County Circuit Court’s summary dismissal of his petition for writ of habeas corpus relief. Based on our review, we affirm the summary dismissal of the petition.

State of Tennessee v. Adrian Moore
W2023-00664-CCA-R3-CD
Authoring Judge: Judge John W. Campbell, Sr.
Trial Court Judge: Judge Chris Craft

The Defendant, Adrian Moore, was convicted in the Shelby County Criminal Court of second degree murder, voluntary manslaughter, especially aggravated robbery, and two counts of possession of a firearm by a convicted felon and received an effective sentence of forty-six years in confinement. On appeal, the Defendant claims that the evidence is insufficient to support his convictions of second degree murder and especially aggravated robbery. Based upon our review, we affirm the judgments of the trial court.

Carl Franklin Pendergrast v. State of Tennessee
M2023-00057-CCA-R3-PC
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge Forest A. Durard, Jr.

Petitioner, Carl Franklin Pendergrast, appeals the Bedford County Circuit Court’s denial of post-conviction relief from his guilty-pleaded convictions for four counts of sale of methamphetamine less than .5 grams, two counts of sale of hydrocodone, one count of sale of cocaine less than .5 grams, and one count of conspiracy to deliver methamphetamine less than .5 grams, for which he received a total effective sentence of twenty-six years’ incarceration. Petitioner contends that he is entitled to post-conviction relief because his guilty pleas were the product of coercion and, therefore, not voluntarily entered. Following a thorough review, we affirm the post-conviction court’s denial of relief.

Nicholas D. Brooks v. State of Tennessee
W2023-00824-CCA-R3-PC
Authoring Judge: Judge John W. Campbell, Sr.
Trial Court Judge: Judge Chris Craft

The Petitioner, Nicholas D. Brooks, appeals the Shelby County Criminal Court’s denial of his post-conviction petition, seeking relief from his convictions for two counts of first degree felony murder, one count of especially aggravated robbery, one count of aggravated burglary, and one count of employing a firearm during the commission of a dangerous felony. On appeal, the Petitioner contends that he received ineffective assistance of trial and appellate counsel. Based on our review, we affirm the judgment of the post-conviction court.

State of Tennessee v. Antonio Turley
W2022-01810-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Lee V. Coffee

A Shelby County jury convicted the Defendant, Antonio Turley, of attempted first degree murder, attempted first degree murder with serious bodily injury, and reckless endangerment with a dangerous weapon. The trial court imposed a total effective sentence of two consecutive life sentences without the possibility of parole. On appeal, the Defendant challenges the admission of certain evidence and the sufficiency of the evidence. He also alleges prosecutorial misconduct. After a thorough review of the record and applicable law, we affirm the trial court’s judgments.

State of Tennessee v. Nakomis Jones
W2022-01638-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Melissa Boyd

For events in 2001, a Shelby County jury convicted the Petitioner, Nakomis Jones, of murder, kidnapping, and gun related charges, and the trial court sentenced him to an effective sentence of life in prison plus thirty-eight years. The Petitioner unsuccessfully appealed his convictions, as well as filed for post-conviction relief, Federal habeas corpus relief, and motions to reopen the denial of relief in each instance. As relevant here, in 2022, the Petitioner filed a petition pursuant to the Post-Conviction Fingerprint Analysis Act of 2021. He sought fingerprint analysis of the palm print and a handgun collected during the investigation. The post-conviction court summarily dismissed the petition. On appeal, the Petitioner contends that the post-conviction court erred when it denied his petition. After review, we affirm the post-conviction court’s judgment.

Haren Construction Company, Inc. v. Olen Ford
E2023-00503-COA-R3-CV
Authoring Judge: Judge D. Michael Swiney
Trial Court Judge: Chancellor Richard B. Armstrong

The Chancery Court for Knox County (the “Trial Court”) granted the motion for partial summary judgment filed by Haren Construction Company, Inc. (“Plaintiff”), concluding that Olen Ford d/b/a Olen Ford Masonry and Construction (“Defendant”) had breached his contract with Plaintiff. The Trial Court awarded a judgment to Plaintiff against Defendant in the amount of $64,971.40. Defendant has appealed. Discerning no reversible error, we affirm the Trial Court’s judgment.

J.E.T., Inc., d/b/a UPS Store v. Ron Hasty
M2023-00253-COA-R3-CV
Authoring Judge: Judge Jeffrey Usman
Trial Court Judge: Judge Lynne T. Ingram

A tenant sued its landlord for allegedly breaching the parties’ lease agreement. The tenant,
however, failed to comply with the parties’ discovery schedule. After conferring, the
parties established a new discovery deadline, agreed that failure to meet the deadline would
result in dismissal with prejudice, and filed an agreed order to that effect, which was
approved by the trial court. The landlord asserted that the tenant failed to meet the new
deadline and sought dismissal with prejudice. A hearing was scheduled. Before the
hearing, the tenant filed a notice nonsuiting the case, and the trial court granted the tenant
a voluntary dismissal without prejudice. The landlord filed a motion to alter or amend,
arguing the dismissal should have been with prejudice. The trial court denied that motion.
The landlord appeals. We reverse and remand for further proceedings.

Jeffrey Judkins v. State of Tennessee
M2023-00296-CCA-R3-PC
Authoring Judge: Judge Jill Bartee Ayers
Trial Court Judge: Judge Christopher V. Sockwell

Petitioner, Jeffrey Allen Judkins, appeals the denial of his post-conviction petition, arguing that the post-conviction court erred in finding that he received the effective assistance of counsel at trial. Following our review of the entire record and the briefs of the parties, we affirm the judgment of the post-conviction court.

Kyuhwan Hwang v. Sania Holt ET AL.
W2023-00627-COA-R3-CV
Authoring Judge: Judge Arnold B. Goldin
Trial Court Judge: Judge Rhynette Hurd

The trial court dismissed Appellant’s lawsuit for failure to comply with discovery. Tenn.
R. Civ. P. 37.02(C) and 41.02(1). Because Appellant’s brief fails to comply with the
requirements of Tennessee Rule of Appellate Procedure 27 and Tennessee Court of
Appeals Rule 6, we do not reach Appellant’s issues and dismiss the appeal.

Driftwood Estates Property Owners Association Inc. Et Al. v. John Sweeney Et Al.
E2023-00463-COA-R3-CV
Authoring Judge: Judge Arnold B. Goldin
Trial Court Judge: Judge David R. Duggan

This case concerns whether a parcel of real property is subject to certain restrictions contained in a previously recorded declaration of restrictive covenants. In the proceedings below, the trial court dismissed a homeowner’s association’s lawsuit which sought to enforce the declaration’s architectural review restrictions against the owners of the property. Upon review, we determine that the declaration did not expressly include the property at issue, nor was the property validly made subject to the restrictions within the declaration. Additionally, we reject the homeowner’s association’s arguments that the property was restricted to the terms of the declaration by way of an implied negative reciprocal easement or by waiver. Accordingly, we affirm the trial court’s dismissal.

Edward Ronny Arnold v. Deborah Malchow, et al.
M2024-00314-COA-T10B-CV
Authoring Judge: Judge Kenny Armstrong
Trial Court Judge: Judge Amanda J. McClendon

Appellant filed this accelerated interlocutory appeal under Rule 10B of the Rules of the Supreme Court of Tennessee. Because the trial court has not entered an order on Appellant’s motion for recusal, there is no order for this Court to review. Appeal dismissed.

State of Tennessee v. Michael Robert Quinn
E2022-01661-CCA-R3-CD
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge Steven Wayne Sword

Michael Robert Quinn (“Defendant”) appeals from his Knox County Criminal Court
convictions for possession with intent to sell or deliver more than .5 grams of
methamphetamine within 1,000 feet of a public elementary school, possession of drug
paraphernalia, driving on a suspended license, and violation of the financial responsibility
law, for which he received a total effective sentence of twenty-five years’ incarceration.
Defendant contends that: (1) the trial court should have dismissed the presentment based
upon the denial of his right to a preliminary hearing; (2) the trial court erred by denying
Defendant’s motion to suppress evidence obtained from the search of his vehicle; (3) the
trial court erred by denying Defendant’s motion to suppress evidence obtained from two
searches of his cell phone; (4) the failure to make a return on the arrest warrant invalidated
the warrant, resulting in a warrantless search and seizure of Defendant in violation of his
Fourth Amendment rights; (5) the trial court abused its discretion by denying Defendant’s
pro se request for a continuance of his trial; (6) the trial court erroneously admitted text
messages found on the cell phone in violation of Tennessee Rule of Evidence 404(b); (7)
the evidence is insufficient to support his convictions; and (8) the trial court abused its
discretion by imposing a sentence of twenty-five years with a one hundred percent release
eligibility. Following a thorough review, we affirm the judgments of the trial court.

State of Tennessee v. Christopher Joseph Riley
M2022-01529-CCA-R3-CD
Authoring Judge: Judge Jill Bartee Ayers
Trial Court Judge: Judge Angelita Blackshear Dalton

Defendant, Christopher Joseph Riley, was convicted by a jury of felony murder by aggravated child abuse (count one), felony murder by aggravated child neglect (count two), two counts of aggravated child abuse (counts three and five), reckless endangerment (count four), aggravated child neglect (count six), and two counts of child abuse (counts seven and eight). Defendant was sentenced to a total effective sentence of life imprisonment plus forty-eight years. On appeal, Defendant claims the trial court erred in failing to require the State to make an election of offenses at the close of the proof, and that the trial court improperly imposed consecutive sentences. Following our review of the record, the briefs of the parties, and the applicable law, we affirm the judgments of the trial court.

In Re Nickolas K. et al.
M2023-00951-COA-R3-PT
Authoring Judge: Presiding Judge J. Steven Stafford
Trial Court Judge: Judge Branden Bellar

The trial court terminated the parental rights of Mother and Father based on the finding of multiple grounds and that termination was in the children’s best interests. The trial court’s finding of a failure to manifest an ability and willingness to assume custody of the children is vacated for lack of sufficient findings of fact. We affirm the remainder of the trial court’s order, including both the finding of four grounds of termination against each parent and the finding that termination is in the children’s best interests.

State of Tennessee v. James Kevin Pardue
M2023-00227-CCA-R3-CD
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge Suzanne Lockert-Mash

James Kevin Pardue, Defendant, was charged via presentment with one count of theft of property valued at $10,000 or more but less than $60,000, and one count of home improvement fraud. After a bench trial, Defendant was found guilty of the lesser included offense of misdemeanor theft in count 1 and home improvement fraud in count 2. Defendant was sentenced to an effective sentence of six years on probation and ordered to pay $50,000 in restitution at the rate of $600 per month as a condition of his probation. Defendant appealed, arguing that the evidence was insufficient to sustain the conviction for home improvement fraud. Defendant does not challenge his conviction for misdemeanor theft. After a review of the record and the parties’ arguments, we agree with Defendant that the evidence is insufficient to support the conviction for home improvement fraud. As a result, Defendant’s conviction for home improvement fraud is reversed and the matter is remanded to the trial court for any further proceedings which may be necessary.

Jose Marcus Perrusquia v. Floyd Bonner, Jr. ET AL.
W2023-00293-COA-R3-CV
Authoring Judge: Judge Carma Dennis McGee
Trial Court Judge: Chancellor JoeDae L. Jenkins

This case involves a petition for judicial review filed pursuant to the Tennessee Public
Records Act, Tenn. Code Ann. § 10-7-503, et seq., after the Shelby County Sheriff and the
District Attorney General denied a journalist’s request to inspect surveillance video from
inside a jail facility. The chancery court denied the petition. The journalist appeals. We
affirm.

In Re Kaitlyn D.
M2023-00658-COA-R3-PT
Authoring Judge: Judge Jeffrey Usman
Trial Court Judge: Judge Philip E. Smith

Mother appeals the termination of her parental rights to one of her children. The trial court found seven grounds for termination: abandonment by failure to support; persistent conditions; severe child abuse; imprisonment for more than two years; failure to visit; failure to manifest an ability or willingness to assume custody; and a risk of substantial harm. The trial court also determined that termination was in the child’s best interest and terminated Mother’s parental rights. Mother raises procedural and substantive challenges to the trial court’s best interest determination but does not challenge the grounds for termination. Conducting a Carrington review, we conclude the trial court erred in finding some of the aforementioned grounds for termination. Nevertheless, because clear and convincing evidence supports at least one of termination grounds and the conclusion that termination is in the child’s best interest, we affirm the trial court’s termination of Mother’s parental rights.

Carter O'Neal Logistics, et al. v. Evans Petree, PC, et al.
W2024-00048-COA-T10B-CV
Authoring Judge: Judge Jeffrey Usman
Trial Court Judge: Judge Valerie L. Smith

This is an accelerated interlocutory appeal as of right under Tennessee Supreme Court Rule
10B from a circuit court judge’s denial of a motion to recuse. The plaintiffs moved for
recusal based primarily on an alleged attorney-client relationship between the judge and
counsel for the defendants. We affirm the trial court’s denial of the motion to recuse.

Robin L. Duffer v. Marc N. Duffer
M2021-00923-COA-R3-CV
Authoring Judge: Judge Andy D. Bennett
Trial Court Judge: Judge Bonita J. Atwood

After seven years of marriage, a wife filed a complaint for divorce against her husband. The primary issues before the trial court pertained to the classification of the marital residence and custody of the parties’ child. After a hearing on those issues, the trial court determined that the marital residence had once been the husband’s separate property but had transmuted into marital property. The court then ordered the property sold and the proceeds distributed equally between the parties. Regarding custody, the court designated the wife as primary residential parent and severely restricted the husband’s parenting time. Discerning that the trial court erred in its valuation of the marital residence, we modify the court’s order to reflect the amount submitted by the husband. We affirm the trial court in all other respects.

State of Tennessee v. Joshua Moore
W2023-00926-CCA-R3-CD
Authoring Judge: Judge Kyle A. Hixson
Trial Court Judge: Judge James Jones, Jr.

The Defendant, Joshua Moore, was convicted of first degree premeditated murder. On
appeal, the Defendant argues that the evidence is insufficient to support his conviction,
specifically regarding whether he acted with premeditation. Additionally, he argues that
the trial court erred by admitting a responding police officer’s body camera (“bodycam”)
footage, contending that the recording was overly prejudicial in violation of Tennessee
Rule of Evidence 403. After review, we affirm the judgment of the trial court.

Katelyn Taylor v. State of Tennessee
W2022-01739-CCA-R3-PC
Authoring Judge: Judge Matthew J. Wilson
Trial Court Judge: Judge J. Brent Bradberry

Petitioner, Katelyn Taylor, pleaded guilty to two counts of first degree murder in exchange for concurrent sentences of life imprisonment. Petitioner then filed a pro se petition for post-conviction relief claiming ineffective assistance of counsel, and that her guilty pleas were not knowingly and voluntarily. After appointing counsel and holding an evidentiary hearing, the post-conviction court denied the petition, which Petitioner appealed. After review, we conclude that Petitioner failed to prepare a sufficient brief in compliance with Tennessee Rule of Appellate Procedure 27(a)(7) and Tennessee Court of Criminal Appeals Rule 10(b), therefore, her issues are waived. Additionally, after our review of the record, we conclude Petitioner’s claims are without merit. Accordingly, we affirm the judgment of the post-conviction court.

State of Tennessee v. Tony Thomas and LaRonda Turner
W2019-01202-SC-R11-CD
Authoring Judge: Justice Jeffrey S. Bivins
Trial Court Judge: Judge J. Robert Carter, Jr.

A jury convicted two defendants, Tony Thomas and Laronda Turner, of three counts of
first-degree premeditated murder. Those convictions stem from a triple homicide that
occurred in Memphis, Tennessee, in 2015. Another co-defendant, Demarco Hawkins, was
also implicated in the killings. However, his trial was severed from the other defendants,
and he testified against Mr. Thomas and Ms. Turner. After Mr. Thomas and Ms. Turner
were convicted, they appealed to the Court of Criminal Appeals, raising five issues for
review. The intermediate appellate court ruled unanimously on three of the issues, but one
judge dissented on the other two. Mr. Thomas and Ms. Turner sought permission to appeal,
and we accepted the appeal only as to the two issues on which the intermediate appellate
court was divided. First, we agreed to consider whether the prosecution breached the
requirements of Brady v. Maryland, 373 U.S. 83 (1963), by failing to produce statements
made by Mr. Hawkins at proffer conferences, which were allegedly inconsistent with Mr.
Hawkins’ formal statement to law enforcement, before trial. Second, we agreed to address
whether the evidence was sufficient to support Ms. Turner’s murder convictions. Based
on our review, we conclude that the State did not breach its obligations under Brady with
regard to Mr. Thomas. Additionally, we determine that the evidence is insufficient to
sustain Ms. Turner’s convictions because Mr. Hawkins’ testimony was not adequately
corroborated.1 As a result, we affirm the decision of the Court of Criminal Appeals in part
and reverse in part. Additionally, in this opinion, we abrogate Tennessee’s common law
accomplice-corroboration rule. However, we apply that change on a prospective basis
only, and, thus, it has no bearing on the outcome of this case.

State of Tennessee v. Tony Thomas and LaRonda Turner (Concur in Part and Dissent in Part)
W2019-01202-SC-R11-CD
Authoring Judge: Justice Sharon G. Lee
Trial Court Judge: Judge J. Robert Carter, Jr.

I agree that Tony Thomas’s murder convictions should be affirmed. The Brady v.
Maryland issue raised by Mr. Thomas is a close question. Before trial, Mr. Thomas
requested the prosecution to provide witnesses’ prior inconsistent statements. The trial
court ordered disclosure, the prosecution failed to disclose the statements in its possession,
and the statements were favorable to Mr. Thomas. In my view, the State’s failure to disclose
the witness’s statements until he testified at trial was nondisclosure, not delayed disclosure.
However, the nondisclosed statements had to be material to Mr. Thomas’s defense for his
Brady claim to prevail. Because the statements were not sufficiently material, his Brady
claim fails.

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

In this post-divorce case, Husband/Appellant appeals the trial court’s order holding him in
criminal contempt. Due to the deficiencies in Husband’s brief, we do not reach the
substantive issues. Appeal dismissed.