Opinions
In Re Cayla C.
The mother of the minor child at issue appeals the termination of her parental rights. The trial court found that four grounds for termination had been proven and that termination of the mother’s parental rights was in the minor child’s best interest. Although we vacate the finding that the ground of persistence of conditions was established, we affirm the finding that three grounds for termination have been proven and that termination of the mother’s parental rights is in the minor child’s best interest. Accordingly, we affirm the termination of the mother’s parental rights. |
Lincoln | Court of Appeals | |
State of Tennessee v. Michael Chad Owens
The Defendant, Michael Chad Owens, appeals his DeKalb County convictions for the sale and delivery of heroin and methamphetamine and resulting forty-five-year effective sentence. Specifically, the Defendant challenges that (1) the State failed to sufficiently establish the chain of custody for the narcotics; (2) the evidence was not sufficient to sustain his convictions due to chain of custody issues; (3) his right to confrontation was violated when the confidential informant (“CI”) involved in the controlled buys did not testify at trial; (4) the probative value of the admitted photograph of the CI was substantially outweighed by its danger of unfair prejudice; (5) the Defendant’s alleged impairment at trial prejudiced the jury against him; (6) his sentences are excessive; and (7) the fines imposed by the trial court are excessive. After review, we remand the case to the trial court for a hearing with regard to the fines and for entry of corrected judgment forms reflecting the sentence and fine for each conviction. We affirm the judgments of the trial court in all other respects. |
DeKalb | Court of Criminal Appeals | |
Annie Douglas v. Geraldine Latimer et al.
Thirty-one days after entry of the trial court’s final order, Appellants filed a motion to alter or amend the judgment pursuant to Rules 59.02 and 59.04 of the Tennessee Rules of Civil Procedure. Appellants subsequently filed a motion for relief pursuant to Rule 60.02, requesting that the court consider their untimely Rule 59 Motion due to their attorney’s excusable neglect or mistake. The basis for the alleged excusable neglect was Appellants’ counsel’s admitted calendaring error, which resulted in counsel filing the Rule 59 Motion one day late. Following a hearing on the matter, the trial court denied Appellants’ Rule 60.02 Motion, determining that the circumstances did not constitute excusable neglect. Upon review of the parties’ briefs and record on appeal, we affirm the judgment of the trial court. |
Sumner | Court of Appeals | |
Christina Sanders, as next of kin to Terry Lee Sanders, deceased v. Metropolitan Government of Nashville and Davidson County
The appellant has filed a late notice of appeal together with a request to waive the late filing. Because the thirty-day time limit for filing a notice of appeal with the appellate court clerk is jurisdictional and cannot be waived, we deny the request to waive the late filing and dismiss the appeal. |
Davidson | Court of Appeals | |
State of Tennessee v. Samantha Louise Bledsoe
Defendant, Samantha Louise Bledsoe, was indicted by the Sullivan County Grand Jury for one count of driving under the influence ("DUI"), one count of DUI per se, one count of driving on a revoked license, and one count of DUI sixth offense. At the close of the State's proof, the trial court granted Defendant's motion for judgment of acquittal as to the charge of driving on a revoked license. A jury found Defendant guilty of the alternate DUI counts, and after a bifurcated proceeding, the DUI sixth offense count. The trial court merged the other offenses into the DUI sixth offense count and imposed an agreed upon four-year sentence. Defendant appeals her conviction and challenges the sufficiency of the evidence of her identity as the driver of the vehicle. Following our review, we affirm the judgment of the criminal court. |
Court of Criminal Appeals | ||
Joseph Cannistra v. William Charles Brown
This matter involves an ongoing dispute between a landlord and a tenant in Pulaski, Tennessee. Following a detainer action in General Sessions Court over unpaid rent, the tenant, representing himself, filed the present case against the landlord, alleging numerous causes of action. The trial court dismissed all the tenant’s claims against the landlord, finding that the tenant erred in failing to join his claims in the original detainer action. The tenant, still representing himself on appeal, challenged the trial court’s dismissal of his claims. Due to the deficiencies in his brief, we conclude that he has waived consideration of any issues on appeal and hereby dismiss the appeal. |
Giles | Court of Appeals | |
State of Tennessee v. Ladarrin Ceazer
A Shelby County jury convicted the defendant, Ladarrin Ceazer, of second-degree murder for which he received a sentence of twenty-five years with the Tennessee Department of Correction. On appeal, the defendant contends the trial court erred in sentencing him to the maximum within-range sentence. Upon our review of the record, the applicable law, and the parties’ briefs, we affirm the trial court’s decision. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Ricky Lee Allen, Jr.
Defendant, Ricky Lee Allen, Jr., was convicted by a jury of driving under the influence (“DUI”). Defendant claims that the trial court erred by failing to suppress the evidence obtained as a result of his traffic stop, which he argues was unreasonably long, and that the trial court erred by finding that defense counsel “opened the door” to evidence that Defendant refused consent to have a blood sample taken. Discerning no error, we affirm. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Nathaniel Buchanan, In Re: McAdoo Bonding Company, Surety
A defendant was charged with one count of first-degree murder and one count of unlawful possession of a firearm. He was granted bail upon the posting of a $100,000 bond by a bonding company. In the wake of the defendant’s successive failures to appear, the trial court ordered the bond forfeited. The defendant was apprehended several weeks after the bonding company paid the forfeiture, and the bonding company sought a refund. The trial court denied the refund, and the bonding company moved the trial court to set aside its order denying the refund. The trial court also denied the motion to set aside, and this appeal followed. We affirm the trial court. |
Rutherford | Court of Criminal Appeals | |
Shaquil Murphy v. State of Tennessee
Petitioner, Shaquil Murphy, was convicted by a Knox County Criminal Court jury of |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Marcus Levon Somerville
The Defendant, Marcus Levon Somerville, appeals from his convictions for two counts of aggravated assault, contending that the trial court abused its discretion by denying his requests for judicial diversion and alternative sentencing. Additionally, he notes that the record is devoid of any proof that he affirmatively entered a guilty plea. After review, we agree that the Defendant never pled guilty to these offenses, rendering his convictions void as a matter of law. Accordingly, the judgments of the trial court are reversed, the Defendant’s convictions are vacated, and the case is remanded for further proceedings consistent with this opinion. |
Haywood | Court of Criminal Appeals | |
State of Tennessee v. Patrick Plunk
The Defendant, Patrick Plunk, appeals from the order of the trial court revoking his probation. He argues that the trial court abused its discretion by failing to properly apply the two-step process required for probation revocation. In addition, the Defendant contends the record contains no reliable evidence to support revocation and no findings regarding the appropriate consequence, rendering the record insufficiently developed for appellate review. The State responds that the record contains substantial evidence supporting the revocation. After review, we affirm the trial court’s revocation of the Defendant’s probation but remand for the trial court to make findings concerning the consequence imposed for the revocation. |
Crockett | Court of Criminal Appeals | |
Rhonda Kay Davis v. State of Tennessee
Petitioner, Rhonda Kay Davis, appeals the denial of her petition for post-conviction relief, arguing that the post-conviction court erred in finding that trial counsel provided effective assistance of counsel and that her plea was knowingly and voluntarily entered. Upon review of the entire record, the briefs and oral arguments of the parties, and the applicable law, we affirm the judgment of the post-conviction court. |
Grundy | Court of Criminal Appeals | |
Angela Johnson, et al. v. Tennessee Farmers Mutual Insurance Company
On December 13, 2022, David Johnson was struck by a vehicle driven by Dylan Clark. Dylan Clark’s automobile insurance carrier was Appellee, Tennessee Farmers Mutual Insurance Company. Appellee negotiated a settlement and paid $50,000.00 on Mr. Clark’s behalf for his role in the accident. The $50,000.00 check was made payable to both Appellant Beverly Johnson and Medicare. On May 1, 2024, Appellants filed suit. Appellees moved to dismiss the complaint for failure to state a claim pursuant to Rule 12.02(6) of the Tennessee Rules of Civil Procedure, and the trial court granted the motion. Appellants appeal the dismissal of their lawsuit. Discerning no error, we affirm the judgment of the trial court. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Billy Joe Anderson
The Defendant, Billy Joe Anderson, pleaded guilty in the Washington County Criminal |
Washington | Court of Criminal Appeals | |
State of Tennessee v. Joshua Neil Blair
Defendant, Joshua Neil Blair, appeals the thirty-five-year sentence imposed for his Campbell County Criminal Court Jury convictions of felony evading arrest, vandalism, aggravated assault, and attempted second degree murder, claiming that the trial court erred by imposing partially consecutive sentences. Because the record supports the sentencing decision of the trial court, we affirm. |
Campbell | Court of Criminal Appeals | |
State of Tennessee v. Michael Taylor
The Defendant, Michael Taylor, entered a guilty plea to arson pursuant to North Carolina v. Alford, 400 U.S. 25 (1970), for which he received an agreed upon four-year sentence with the manner of service to be determined by the trial court. Following a hearing, the trial court imposed a sentence of one year in confinement followed by three years’ supervised probation. In this appeal, the Defendant contends that the trial court erred in denying full probation. Upon review, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
Antonio Dodson v. State of Tennessee
A Shelby County jury convicted the Petitioner, Antonio Dodson, of three counts of especially aggravated kidnapping, two counts of aggravated robbery, one count of aggravated rape, one count of aggravated burglary, and one count of employing a firearm during the commission of a dangerous felony. On appeal, this court affirmed the trial court’s judgments against the Petitioner. State v. Sherrod and Dodson, W2015-02022- CCA-R3-CD, 2017 WL 1907723 at *1 (Tenn. Crim. App. May 9, 2017) perm. app. denied (Tenn. Sept. 22, 2017). The Petitioner filed a petition for post-conviction relief, claiming ineffective assistance of counsel. After a hearing, the post-conviction court denied relief. The Petitioner appeals, maintaining that he received the ineffective assistance of counsel and that his due process rights were violated. After review, we affirm the post-conviction court’s judgment. |
Shelby | Court of Criminal Appeals | |
Philip L. Lozano, III v. Charlotte R. Sappo et al.
A property owner sued his neighbors, claiming that he acquired title to a part of their land by adverse possession or, in the alternative, that he held a prescriptive easement. He asserted additional causes of action against one of the neighbors, including private nuisance, trespass to land, and forcible entry and detainer. The neighbors sought dismissal of the action via Tennessee Rule of Procedure 12.02(6) motions. The trial court dismissed the claims for adverse possession and prescriptive easement based on Tennessee Code Annotated § 28-2-110(a). It dismissed all other claims except for private nuisance based on deficiencies in the complaint. We vacate the dismissal of the prescriptive easement claim because facts warranting application of the statutory bar do not clearly appear on the face of the complaint. Because the appellant waived review of all other issues, we otherwise affirm. |
Davidson | Court of Appeals | |
State of Tennessee v. Demarcus Montay Montgomery
Pursuant to a plea agreement, Defendant, Demarcus Montay Montgomery, entered guilty pleas for aggravated assault against a first responder and evading arrest involving the risk of death or injury in exchange for a three-year sentence, with the trial court to determine the manner of service. Following a sentencing hearing, the trial court imposed a sentence of three years’ confinement. On appeal, Defendant argues that the trial court abused its discretion by sentencing him to full confinement rather than probation. Upon review, we affirm the judgments of the trial court. |
Court of Criminal Appeals | ||
State of Tennessee v. Baeho Shin
A Davidson County jury found the Defendant, Baeho Shin, guilty of especially aggravated kidnapping, aggravated sexual battery, and domestic assault, among other offenses. Thereafter, the trial court imposed an effective sentence of twenty-two years’incarceration. On appeal, the Defendant contends that the trial court violated his constitutional right to confrontation. More specifically, he argues that the court prohibited him from cross-examining the victim about her potential interest in obtaining a U visa, which is a non-immigrant visa available to certain victims of crime. Although the trial court later allowed the Defendant to recall the victim and question her on the topic, he argues that the delayed timing of the examination rendered the remedy inadequate and prejudicial. Upon our review, we conclude that the trial court acted within its discretion in controlling the scope and timing of the cross-examination and that any possible error was harmless beyond a reasonable doubt. We respectfully affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Antwon William Santos
Antwon William Santos, Defendant, claims that the trial court erred in finding that he violated the terms of his probation and in ordering him to serve the balance of the sentence in confinement. After a thorough review of the record and applicable law, we affirm the judgment of the trial court. |
Court of Criminal Appeals | ||
JAMARCUS JACKSON v. STATE OF TENNESSEE
In 2017, a Washington County jury convicted the Petitioner, Jamarcus Jackson, of misdemeanor assault, misdemeanor reckless endangerment, and second degree murder as a lesser-included offense of first degree murder. The trial court imposed a forty-year sentence. The Petitioner appealed and this court affirmed the judgments. State v. Jackson, No. E2017-01182-CCA-R3-CD, 2018 WL 3409927, at *1 (Tenn. Crim. App. July 12, 2018), perm. app. denied (Tenn. Nov. 15, 2018). Thereafter, the Petitioner filed a petition for post-conviction relief, which the post-conviction court denied following a hearing. We affirmed that decision on appeal. Jackson v. State, No. E2021-00642-CCA-R3-PC, 2022 WL 984341 (Tenn. Crim. App. Feb. 23, 2022), no perm. app. filed. In 2024, the Petitioner filed a petition for a writ of error coram nobis. The trial court summarily dismissed the petition as untimely and without merit. On appeal, the Petitioner contends that his petition is entitled to a tolling of the statute of limitations because of the unavailability of the newly discovered evidence. After review, we affirm the trial court’s judgment. |
Washington | Court of Criminal Appeals | |
King Allah James v. State of Tennnessee
Petitioner, King Allah James, appeals the post-conviction court’s summary denial of his petition for post-conviction relief in which he challenged his guilty pleaded convictions for assault, vandalism, and two counts of aggravated assault and his effective six-year sentence. On appeal, Petitioner contends that the post-conviction court erred in finding that he failed to establish a colorable claim for relief. Upon review, we affirm the judgment of the post-conviction court. |
Court of Criminal Appeals | ||
SUSAN OAKES, ET AL. v. MARK A. FOX, M.D., ET AL.
This is a healthcare liability action against a surgeon and the hospital where the surgeon practiced. The trial court granted summary judgment to the defendants. We affirm. John W. McClarty, J., delivered the opinion of the court, in which D. Michael Swiney, C.J., and Kristi M. Davis, J., joined. Ira M. Long, Jr., Chattanooga, Tennessee, and William Cameron, Cookeville, Tennessee, for the appellants, Susan Oakes and Randy Oakes. Rachel Park Hurt, Devin P. Lyon, and Raymond Grant Lewallen, Knoxville, Tennessee, for the appellees, Mark A. Fox, M.D. and Covenant Medical Group, Inc. |
Cumberland | Court of Appeals |