Committee to Stop an Unfair Tax et al. v. Freddie O'Connell et al.
M2025-00072-COA-R3-CV
Authoring Judge: Judge Andy D. Bennett
Trial Court Judge: Chancellor Anne C. Martin

The plaintiffs brought an election contest and a declaratory judgment action against the defendants to enjoin the implementation of Metro Ordinance No. BL2024-427, which implements Metro’s transit improvement plan created pursuant to the Improving Manufacturing, Public Roads and Opportunities for a Vibrant Economy Act. The trial court found that the plan and ballot question complied with the Act in all respects. We affirm, except that we find that the surcharge in the transit improvement plan cannot be used for the acquisition of land for housing and parks.

Davidson Court of Appeals

JEREMY JAMES DALTON v. BLOUNT COUNTY ET AL.
E2024-00904-COA-R3-CV
Authoring Judge: Judge Kenny W. Armstrong
Trial Court Judge: Chancellor James H. Ripley

Because Appellant’s brief fails to comply with Tennessee Rule of Appellate Procedure 27 and Rule 6 of the Rules of the Court of Appeals of Tennessee, he has waived review. Appeal dismissed.

Court of Appeals

Billie Joe Chapman v. State of Tennessee
W2024-01228-CCA-R3-HC
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Senior Judge W. Mark Ward

In 2021, the Petitioner, Billie Joe Chapman, pleaded guilty in separate cases to multiple burglary, vandalism, and weapon charges for which he received an effective sentence of thirteen years of incarceration. The Petitioner filed a petition for post-conviction relief, alleging the ineffective assistance of counsel, and the trial court denied him relief. This court affirmed the denial. Chapman v. State, No. W2022-01333-CCA-R3-PC, 2023 WL 5572932, at *1 (Tenn. Crim. App. Aug. 29, 2023), no perm. app. filed. Thereafter, the Petitioner filed a petition for writ of habeas corpus, and the trial court entered an order summarily dismissing the petition. We affirm the trial court’s judgment.

Madison Court of Criminal Appeals

Ernest Butler v. State of Tennessee
W2024-00996-CCA-R3-PC
Authoring Judge: Judge Matthew J. Wilson
Trial Court Judge: Judge Lee V. Coffee

Petitioner, Ernest Butler, was convicted of first degree felony murder and possession of a firearm by a convicted felon, for which he received an effective sentence of life imprisonment plus fifteen years. This court affirmed Petitioner’s convictions and sentences on direct appeal. Petitioner then filed a petition for post-conviction relief in which he claimed ineffective assistance of counsel, and the post-conviction court denied the petition after a hearing. On appeal, Petitioner asserts that trial counsel was ineffective for failing to object to the State’s methods for refreshing and impeaching a testifying witness, and for failing to request a jury instruction on voluntary intoxication. He also argues cumulative error deprived him of a fair trial. Discerning no error, we affirm the judgment of the post-conviction court.

Shelby Court of Criminal Appeals

John Lindberg v. TCIX Disciplinary Board, et al.
M2024-00326-COA-R3-CV
Authoring Judge: Chief Judge D. Michael Swiney
Trial Court Judge: Judge Michael E. Spitzer

John Lindberg (“Lindberg”), an inmate at Turney Center Industrial Complex (“TCIX”), was convicted of introducing drugs into TCIX by the prison’s Disciplinary Board (“the Board”). After failed appeals to the TCIX Warden and Tennessee Department of Correction (“TDOC”) Commissioner, Lindberg filed a petition for a writ of certiorari in the Chancery Court for Hickman County (“the Trial Court”). The Trial Court denied his petition. He appealed. Discerning no reversible error, we affirm.

Hickman Court of Appeals

CHARLES MCCLELLAN CAMPBELL, ET AL v. JOHN HANCOCK LIFE INSURANCE COMPANY (U.S.A.), ET AL.
E2025-00430-COA-T10B-CV
Authoring Judge: Chief Judge D. Michael Swiney
Trial Court Judge: Chancellor Jerri S. Bryant

This is an interlocutory appeal as of right, pursuant to Tenn. Sup. Ct. R. 10B, filed by Christina Lemek Blackwell (“Petitioner”) seeking to recuse the trial judge in this case. Having reviewed the petition for recusal appeal filed by Petitioner and finding no reversible error, we affirm.

Bradley Court of Appeals

Jason Steven Molthan v. State of Tennessee
M2024-00529-CCA-R3-PC
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge Joseph A. Woodruff

Petitioner, Jason Steven Molthan, appeals from the trial court’s summary denial of his motion to correct an illegal sentence related to his misdemeanor convictions for stalking and harassment, for which he received consecutive sentences of eleven months and twenty-nine days. On appeal, he argues that the trial court erred by denying his motion without the appointment of counsel and a hearing; that the trial court improperly imposed consecutive sentencing by finding that his history of criminal activity was extensive; and that he received ineffective assistance of appellate counsel in his direct appeal. After a thorough review of the record, we affirm.

Williamson Court of Criminal Appeals

Janice L. Ruiz v. Butts Foods, L.P., et al.
W2023-01053-COA-R3-CV
Authoring Judge: Judge Carma Dennis McGee
Trial Court Judge: Chancellor Steven W. Maroney

The plaintiff filed this lawsuit against her joint employers, asserting sexual harassment/ hostile work environment, retaliation, and other related claims. The employers filed a motion to compel arbitration. The plaintiff opposed the motion and invoked the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, 9 U.S.C. §§ 401- -402. The trial court deemed the Act applicable and denied the motion to compel arbitration. The employers appeal. We affirm.

Madison Court of Appeals

Todd Michael Perks v. Elizabeth Mundy (Perkins) Sloane
M2024-00756-COA-R3-CV
Authoring Judge: Judge Andy D. Bennett
Trial Court Judge: Judge Joe Thompson

A husband and wife divorced a little over two years after marrying. On appeal, the wife asserts the trial court erred when it classified five real properties as the husband’s separate property. The wife also takes issue with the court’s division of attorney’s fees and requests her fees on appeal. We find the court failed to make adequate findings related to its division of attorney’s fees. Therefore, we vacate the portion of the order relating to fees and expenses and remand the matter for the court to make additional findings. We affirm the trial court in all other aspects and decline to award the wife her attorney’s fees incurred on appeal.

Sumner Court of Appeals

State of Tennessee v. Jonathan Ellerbasch, Alias
E2024-00915-CCA-R3-CD
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge Hector Sanchez

Defendant, Jonathan Ellerbasch, Alias, pleaded guilty in the Knox County Criminal Court
to aggravated assault with serious bodily injury. Following a sentencing hearing, the trial
court imposed a sentence of three years to be served in the Department of Correction. On
appeal, Defendant contends that the trial court abused its discretion by denying an
alternative sentence and in ordering a sentence of confinement. Following a thorough
review, we affirm the judgment of the trial court.

Knox Court of Criminal Appeals

Luke Buckley v. Kerry Buckley, et al.
W2024-00171-COA-R3-CV
Authoring Judge: Judge W. Neal McBrayer
Trial Court Judge: Chancellor Steven W. Maroney

A man sought to intervene as of right in a family member’s action for partition of real property. The trial court determined that the proposed intervenor did not have an interest in the subject property. So it denied his request to intervene and his other requests for relief. We affirm.

Henderson Court of Appeals

City of Memphis v. Samuel Crout
W2024-00989-COA-R3-CV
Authoring Judge: Per Curiam
Trial Court Judge: Chancellor Melanie Taylor Jefferson

Appellant, City of Memphis, has appealed an order of the Shelby County Chancery Court that was entered on June 4, 2024. We determine that the trial court’s order does not constitute a final appealable judgment. As a result, this Court lacks jurisdiction to consider this appeal. The appeal is, therefore, dismissed.

Shelby Court of Appeals

James Anthony Andrews v. State of Tennessee
E2024-00379-CCA-R3-PC
Authoring Judge: Judge Matthew J. Wilson
Trial Court Judge: Judge Steven Wayne Sword

James Anthony Andrews, Petitioner, pleaded guilty in this case to two counts of aggravated assault. At the same hearing, Petitioner pleaded guilty to additional charges in another case. As part of his plea agreement, Petitioner agreed to concurrent eight-year sentences for the aggravated assault charges to run consecutively to a two-year sentence for the charges in the other case—for a total effective sentence of ten years—with the manner of service to be determined by the trial court. The trial court accepted Petitioner’s guilty pleas, and Petitioner applied for probation, which the State opposed. The trial court denied Petitioner’s request for probation, requiring him to serve his ten-year sentence in incarceration. Petitioner subsequently petitioned for post-conviction relief, asserting that his trial counsel was ineffective for failing to adequately investigate the case and that his guilty pleas were not knowingly and voluntarily made. After a hearing, the post-conviction court denied Petitioner’s amended petition. After review, we affirm the judgment of the post-conviction court.

Knox Court of Criminal Appeals

Anne Elise Littleton Jakobik v. Erik Carter Jakobik
M2024-00155-COA-R3-CV
Authoring Judge: Judge W. Neal McBrayer
Trial Court Judge: Judge Larry J. Wallace

In this divorce with no children, the trial court declared the parties divorced and referred the property issues and requests for attorney’s fees to a special master. The special master recommended an equal division of the marital estate and that each party pay their own attorney’s fees. The wife objected to these recommendations. After a hearing, the trial court adopted the special master’s findings and recommendations, with one small exception. On appeal, the wife challenges the division of the marital estate and the failure to award attorney’s fees. We affirm.

Cheatham Court of Appeals

In Re Layton S.
W2024-00973-COA-R3-PT
Authoring Judge: Judge Thomas R. Frierson, II
Trial Court Judge: Chancellor William C. Cole

In this case involving termination of a mother’s parental rights to her minor 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. Discerning no reversible error, we affirm.

Tipton Court of Appeals

Christopher David Hodge v. State of Tennessee
W2024-01009-CCA-R3-ECN
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge A. Blake Neill

Petitioner, Christopher David Hodge, appeals from the summary dismissal of his petition for writ of error coram nobis, which was filed approximately twenty years after his conviction for second degree murder. Because the evidence that Petitioner claims is newly discovered does not show that Petitioner is actually innocent of the underlying crime for which he was convicted, he is not entitled to equitable tolling of the statute of limitations. Discerning no error, we affirm the judgment of the coram nobis court.

Lauderdale Court of Criminal Appeals

State of Tennessee v. Larry McKee, Jr.
E2024-00990-CCA-R3-CD
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge Andrew Freiberg

Defendant, Larry E. McKee, appeals his Bradley County conviction for theft of property valued at more than $1,000, but less than $2,500.  He contends on appeal that the trial court abused its discretion and committed reversible error by (1) prohibiting Defendant's trial counsel from cross-examining two witnesses as to the manner in which the landlord of the burglarized property received rent payments from the tenants, (2) refusing to allow trial counsel to explain the relevancy of said line of questioning, and (3) threatening to hold the trial counsel in contempt for continuing to ask the witnesses about such payment methods after the trial court ruled them irrelevant.  After review, we affirm the judgment of the trial court.

Bradley Court of Criminal Appeals

Richard Brock Hill v. State of Tennessee
M2022-01749-COA-R3-CV
Authoring Judge: Judge Jeffrey Usman
Trial Court Judge: Commissioner James A. Haltom

Richard Brock Hill, a former Deputy Commissioner of the Tennessee Department of Environment and Conservation (TDEC), brought an action for defamation against the State regarding statements made in connection with a sexual harassment investigation that resulted in the termination of his employment. The Claims Commission dismissed the complaint for failure to state a claim. In reaching this conclusion, the Claims Commission analyzed the potentially defamatory statements and concluded that each statement was time-barred and/or failed as to an essential element of a defamation claim. Regarding statements contained in an “Investigation Summary Memorandum,” the Claims Commission also concluded that Mr. Hill’s defamation claim failed because the document was prepared by a Deputy Commissioner and was, accordingly, protected by absolute executive privilege. We conclude that Mr. Hill adequately alleged defamation such that dismissal of his claim was error and that the existent record and filings do not support a conclusion that, as a matter of law, absolute executive privilege protects the statements contained in the Investigation Summary Memorandum. We reverse and remand for further proceedings.

Court of Appeals

Brandon Hurst v. Jeffri Hurst (Now Wutz)
M2024-01195-COA-R3-CV
Authoring Judge: Presiding Judge J. Steven Stafford
Trial Court Judge: Judge Joseph A. Woodruff

In this post-divorce action, Husband appeals the trial court’s classification of certain property. Because the trial court’s order contains conflicting findings, we vacate and remand.

Williamson Court of Appeals

Delisa Roose v. Bath Fitter Tennessee, Inc.
M2023-01767-COA-R3-CV
Authoring Judge: Presiding Judge Frank G. Clement Jr.
Trial Court Judge: Chancellor Melissa T. Willis

The defendant, Bath Fitter Tennessee, Inc. (“Bath Fitter”), appeals the denial of its motion to submit its contract dispute with the homeowner to arbitration pursuant to the Federal Arbitration Act (“FAA”). The parties executed a written contract for the installation of a new shower for the homeowner, the parts for which were manufactured in Canada. Both parties signed the contract on the front page of the two-page agreement where the signature lines were provided; however, neither party signed or initialed the arbitration provision that appeared on the back of the contract. Although not explicitly stated in its order, it appears that the trial court denied arbitration based upon the Tennessee Uniform Arbitration Act (“TUAA”), which, at the time of contracting, required that arbitration clauses in residential construction contracts be separately signed or initialed. It is undisputed that the materials installed by Bath Fitter were manufactured in Canada; thus, the transaction involves interstate commerce. For that reason, the FAA applies. Because the FAA does not require signatures or initials to indicate approval of arbitration clauses and preempts conflicting state laws that invalidate otherwise valid arbitration agreements, we reverse and remand with instructions to submit the contract dispute to arbitration pursuant to the FAA and stay proceedings until arbitration is complete.

Franklin Court of Appeals

Angela Wentworth v. Robert Turner et al.
M2023-00898-COA-R3-CV
Authoring Judge: Judge Jeffrey Usman
Trial Court Judge: Chancellor Elizabeth C. Asbury

After discovering that her neighbors had built a home on rural property that she owned, the property owner brought an ejectment action to remove them. The neighbors asserted an affirmative defense based upon Tennessee Code Annotated section 28-2-103, which protects against ejectment if the defendant can show adverse possession for seven years. Following a trial, the trial court found that the neighbors had proven adverse possession and set a boundary line of the possessed area, drawing upon an exhibit produced by a surveyor. The property owner asserts that the boundary determined by the trial court was too expansive and unsupported by clear and convincing evidence. The neighbors assert that the trial court drew the boundary line in a manner too restrictive, failing to encapsulate the entirety of the area they actually possessed. We affirm the judgment of the trial court.

Fentress Court of Appeals

Darrel Hochhalter v. Christopher Brun, Warden
M2024-00140-CCA-R3-HC
Authoring Judge: Judge Robert H. Montgomery, Jr.
Trial Court Judge: Judge Michael E. Spitzer

The Petitioner, Darrel Hochhalter, who is serving a twenty-two-year sentence for convictions of six counts of sexual battery by an authority figure and one count of rape, appeals from the Hickman County Circuit Court’s summary dismissal of his petition for the writ of habeas corpus. He contends on appeal that the habeas corpus court erred in summarily dismissing his petition. We disagree and affirm the judgment of the habeas corpus court.

Hickman Court of Criminal Appeals

Vana Mustafa v. State of Tennessee
M2024-01099-CCA-R3-PC
Authoring Judge: Judge Kyle A. Hixson
Trial Court Judge: Judge Mark J. Fishburn

The Petitioner, Vana Mustafa, appeals from the post-conviction court’s summary dismissal of his amended petition for post-conviction relief. He contends that, although his claim of ineffective assistance of trial counsel was litigated in his motion for new trial and on direct appeal, he is nonetheless entitled to post-conviction relief based on new grounds of trial counsel’s alleged ineffectiveness. In addition, he argues that appellate counsel was ineffective for failing to include these new grounds on direct appeal. After review, we affirm the judgment of the post-conviction court.

Davidson Court of Criminal Appeals

State of Tennessee v. Ashley Bianca Ruth Kroese
M2024-01166-CCA-R3-CD
Authoring Judge: Judge Jill Bartee Ayers
Trial Court Judge: Judge Deana C. Hood

Defendant, Ashley Bianca Ruth Kroese, appeals the denial of her motion to correct clerical errors in her judgments. On appeal, she claims the trial court erred by summarily denying her motion and failing to enter corrected judgments to include jail credit for the time she was on home confinement pending trial. Because the record is inadequate for meaningful review, we affirm the judgment of the trial court.

Williamson Court of Criminal Appeals

In Re Dawson S., et al.
M2024-01174-COA-R3-PT
Authoring Judge: Chief Judge D. Michael Swiney
Trial Court Judge: Chancellor Elizabeth C. Asbury

This appeal concerns the termination of a father’s parental rights. Richmond S. and Lisa S. (“Petitioners”) filed a petition in the Chancery Court for Fentress County (“the Trial Court”) seeking to terminate the parental rights of Cory S. (“Father”) to his minor children Dawson S. and Bentley S. (“the Children,” collectively).1 The Children were removed from Father’s custody following an incident in which Bentley was severely injured. After a hearing, the Trial Court entered an order terminating Father’s parental rights on five grounds, including severe child abuse. Father appeals, arguing among other things that he did not intentionally or knowingly harm Bentley. We vacate the Trial Court’s waiver of a home study of Bentley in Petitioners’ home because Tenn. Code Ann. § 36-1-116 requires that such a study be conducted when the child, like Bentley, is unrelated to the prospective adoptive parents.2 Otherwise, we find that each of the grounds for termination found by the Trial Court were proven by clear and convincing evidence. We find further, also by clear and convincing evidence, that termination of Father’s parental rights is in the Children’s best interest. We remand to the Trial Court for a home study to be conducted in compliance with Tenn. Code Ann. § 36-1-116.

Fentress Court of Appeals