State of Tennessee v. Anthony Eugene Barnett
M2023-00957-CCA-R3-CD
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge M. Caleb Bayless

The defendant, Anthony Eugene Barnett, appeals his Lawrence County Circuit Court conviction of theft of services, arguing that his judgment of conviction contains a clerical error by listing the incorrect statute for his conviction and that the trial court erred in denying his oral motion to continue his case, made the day of his trial.  Upon review of the record, we remand the case to the trial court for entry of a corrected judgment reflecting the defendant’s conviction for theft of services.  Because the record includes neither a transcript of the defendant’s oral motion to continue his case, the trial court’s ruling thereupon, nor a transcript of the trial, we conclude that the issue is waived and affirm the judgment of the trial court.

State of Tennessee v. Tina Batten
M2023-00323-CCA-R3-CD
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge Bradley Sherman

Tina Batten, Defendant, entered a best interest plea to aggravated assault and possession of a firearm while under the influence in exchange for a total effective sentence of five years with the length and manner of service of the sentence to be determined by the trial court. After a sentencing hearing, the trial court denied judicial diversion and ordered Defendant to a sentence of split confinement on the basis that granting diversion would depreciate the severity of the offenses and would have a detrimental effect on deterrence. Because the trial court failed to consider the proper factors in rendering its decision to deny diversion and failed to weigh those factors, we reverse and remand the case to the trial court for reconsideration. On remand, the trial court should utilize the factors set forth in Parker and Electroplating, weigh the factors against each other, and place an explanation of its ruling on the record.

Crockett County v. Farhad Motamedi v. Michael Moore
W2023-00553-COA-R3-CV
Authoring Judge: Judge Thomas R. Frierson, II
Trial Court Judge: Chancellor Michael L. Mansfield

This is an appeal from an order denying a petition to set aside a tax sale of unimproved real property. The petitioner had acquired the parcel in 2017 but had failed to update his address with the property assessor and other taxing authorities and had failed to pay taxes associated with the parcel from 2017 through 2021. The taxing authorities, as plaintiffs, commenced a lawsuit to collect the delinquent taxes in 2020. Unable to locate the petitioner for lack of a current address, the taxing authorities sought permission from the trial court to notify the petitioner of the lawsuit through publication in the local newspaper, which the trial court granted. After the time for notice by publication had expired, the taxing authorities sought and were granted default judgment regarding the petitioner’s property, and the taxing authorities sold the real property at a delinquent tax sale. The order confirming the tax sale was entered on April 7, 2021, but was not recorded with the local register of deeds until April 26, 2022, after the one-year statutory redemption period had passed. In July and August 2021, the petitioner contacted the taxing authorities to inquire about taxes he owed on the property and traveled to Crockett County to meet with the city and county officials and pay the delinquent taxes. For unknown reasons, the taxing authorities did not inform the petitioner that the real property had been sold at a tax sale earlier that year. The petitioner did not initiate a redemption action and did not file a petition to have the sale set aside at that time. In June 2022, after the one-year redemption period had elapsed and the statute of limitations period for setting aside the tax sale had expired, the petitioner sued to set aside the tax sale, which action the trial court denied as untimely. The petitioner has appealed. Discerning no reversible error, we affirm.

Erika Jean Schanzenbach v. Rowan Skeen
E2023-00458-COA-R3-CV
Authoring Judge: Judge John McClarty
Trial Court Judge: Judge William K. Rogers

THOMAS R. FRIERSON, II, J., concurring in part and dissenting in part.
I respectfully dissent from the majority’s determination that this action has been “rendered moot” by the closure of the Bristol Regional Women’s Center in Bristol, Tennessee (“the Clinic”). Regarding the remaining issues on appeal, I concur with the majority’s holding that Petitioner Schanzenbach did not present sufficient evidence of stalking and that the trial court’s denial of her petition for order of protection should therefore be affirmed. I also agree with the majority’s decision not to award damages to the respondent, Rowan Skeen, in the form of attorney’s fees.

Erika Jean Schanzenbach v. Denise Skeen
E2023-00459-COA-R3-CV
Authoring Judge: Judge John McClarty
Trial Court Judge: Judge William K. Rogers

This appeal concerns the trial court’s denial of a petition for an order of protection based upon allegations of stalking. This is one of four cases in which the petitioner sought an order of protection against four women. We affirm the trial court’s denial of the petition in this case.

Erika Jean Schanzenbach v. Denise Skeen
E2023-00459-COA-R3-CV
Authoring Judge: Judge Thomas R. Frierson, II
Trial Court Judge: Judge William K. Rogers

I respectfully dissent from the majority’s determination that this action has been “rendered moot” by the closure of the Bristol Regional Women’s Center in Bristol, Tennessee (“the Clinic”). Regarding the remaining issues on appeal, I concur with the majority’s holding that Petitioner Schanzenbach did not present sufficient evidence of stalking and that the trial court’s denial of her petition for order of protection should therefore be affirmed. I also agree with the majority’s decision not to award damages to the respondent, Denise Skeen, in the form of attorney’s fees.

Erika Jean Schanzenbach v. Cheryl Hanzlik
E2023-00455-COA-R3-CV
Authoring Judge: Judge John McClarty
Trial Court Judge: Judge William K. Rogers

This appeal concerns the trial court’s denial of a petition for an order of protection based upon allegations of stalking. This is one of four cases in which the petitioner sought an order of protection against four women. We affirm the trial court’s denial of the petition in this case.

Erika Jean Schanzenbach v. Cheryl Hanzlik
E2023-00455-COA-R3-CV
Authoring Judge: Judge Thomas R. Frierson, II
Trial Court Judge: Judge William K. Rogers

I respectfully dissent from the majority’s determination that this action has been “rendered moot” by the closure of the Bristol Regional Women’s Center in Bristol, Tennessee (“the Clinic”). Regarding the remaining issues on appeal, I concur with the majority’s holding that Petitioner Schanzenbach did not present sufficient evidence of stalking and that the trial court’s denial of her petition for order of protection should therefore be affirmed. I also agree with the majority’s decision not to award damages to the respondent, Cheryl Hanzlik, in the form of attorney’s fees.

Michael Tomlin, Individually, and d/b/a The Tomlin Company v. Nephrology Associates, P.C. Et Al.
M2022-00937-COA-R3-CV
Authoring Judge: Judge W. Neal McBrayer
Trial Court Judge: Chancellor Russell T. Perkins

A renal care company retained a broker to locate sites for new dialysis clinics.  The company agreed to pay the broker a commission when leases were signed and “at the renewal or extension of said leases.”  The company later negotiated amendments to the leases without the broker’s participation.  The broker sued the company for breach of contract, alleging that he was due a commission on the lease amendments.  The trial court determined that eight lease amendments were renewals or extensions of the original leases.  And it entered a judgment against the company for the amount of the unpaid commissions.  We conclude that the evidence preponderates against the court’s finding that two of the lease amendments were renewals or extensions.  So we affirm the judgment as modified.

In Re: Katelyn R. et al.
M2023-00354-COA-R3-PT
Authoring Judge: Judge Kristi M. Davis
Trial Court Judge: Judge Daryl A. Colson

The Department of Children’s Services (“DCS”) removed two children from their parents’
custody in May of 2020. After a long period in which DCS did not hear from the children’s
father, and the father made no progress on his permanency plan, DCS filed a petition to
terminate the father’s parental rights. Following a bench trial, the Juvenile Court for
Overton County (the “juvenile court”) found that DCS proved five statutory grounds for
termination of the father’s parental rights by clear and convincing evidence. The juvenile
court also found, by clear and convincing evidence, that termination of the father’s parental
rights was in the children’s best interests. The father appeals and, discerning no error, we
affirm.

Kari Dale Remus v. Brandon Joseph Nunn
M2023-00589-COA-R3-CV
Authoring Judge: Judge Andy D. Bennett
Trial Court Judge: Chancellor Ben Dean

In this post-divorce case, the husband filed a petition for declaratory judgment on the issue of whether a provision of the parties’ marital dissolution agreement concerning military retirement was modifiable.  The trial court dismissed the husband’s petition on the ground of failure to state a claim upon which relief may be granted and ruled that the provision at issue was not modifiable.  While we find that the trial court erred in granting the wife’s motion to dismiss for failure to state a claim, we affirm the result reached by the trial court on the merits of the dispute.  Further, we have determined that the wife was not entitled to an additional award of attorney fees at trial and is not entitled to her attorney fees on appeal.

State of Tennessee Ex Rel. Sullivan County Tennessee Et Al. v. Amy S. Tochev Et Al.
E2023-00072-COA-R3-CV
Authoring Judge: Judge Kristi M. Davis
Trial Court Judge: Judge John S. McLellan, III

A taxpayer failed to pay property taxes for a number of years. The county began enforcement proceedings and, following the entry of a default judgment against the taxpayer, the taxpayer’s property was ultimately sold at a delinquent tax sale. The purchaser filed a writ of possession to obtain possession of the property from the taxpayer, at which time the taxpayer filed a motion to set aside the default judgment and resulting tax sale. The taxpayer alleged lack of notice concerning the underlying delinquent tax proceedings and violation of her due
process and equal protection rights. The trial court denied the taxpayer’s motion to set aside, concluding the taxpayer was properly served with notice of the underlying delinquent tax proceedings. We affirm.

Caprice McLemore Et Al. v. Knox County, Tennessee
E2022-01754-COA-R3-CV
Authoring Judge: Judge Kristi M. Davis
Trial Court Judge: Judge William T. Ailor

Caprice McLemore, Gary McLemore, Misty Tanner, Barrett Tanner, and McKinley Tanner (together, “Plaintiffs” or “Appellants”) appeal from the judgment of the trial court dismissing their case against the defendant, Knox County (“Appellee” or “the County”). Appellants were injured in a car accident on Clinton Highway after being struck by a vehicle driven by Roy Michael Simmons (“Mr. Simmons”), who was evading a Knox County sheriff’s deputy. Plaintiffs filed suit against the County, alleging that it was liable for their injuries arising from the accident. Following a bench trial, the trial court concluded that the deputy pursuing Mr. Simmons did not act unreasonably under the circumstances and that the County was thus not liable for Plaintiffs’ injuries. Plaintiffs timely appealed to this Court. Discerning no error, we affirm.

Gary Porter v. Amber Phillips, Director of Sentence Management Services, Tennessee Department of Correction
M2023-00412-COA-R3-CV
Authoring Judge: Judge Kristi M. Davis
Trial Court Judge: Chancellor Russell T. Perkins

Gary Porter (“Petitioner”) filed a petition in the Davidson County Chancery Court (the
“chancery court”), wherein he requested that the chancery court award him certain pre-trial
jail credits which he was already awarded toward a separate sentence that Petitioner
previously served. The chancery court granted summary judgment in favor of Amber
Phillips (“Phillips”), Director of Sentence Management Services for Tennessee
Department of Correction (“TDOC”). Petitioner appeals the judgment of the chancery
court. Having determined that Petitioner’s brief is not compliant with the relevant rules of
briefing in this Court, we conclude that his issue purportedly raised on appeal is waived.
The appeal is dismissed.

In Re Dakari M.
M2022-00365-COA-R3-PT
Authoring Judge: Judge W. Neal McBrayer
Trial Court Judge: Judge Sheila D. J. Calloway

A mother and a father appeal the termination of their parental rights. The juvenile court found clear and convincing evidence of four statutory grounds for termination of the mother’s parental rights and five statutory grounds for termination of the father’s parental rights. The court also determined termination was in the child’s best interest. After a thorough review, we vacate and remand for further proceedings.

Travis Jason Vandenberg v. Ashley Kay Vandenberg
M2023-00479-COA-R3-CV
Authoring Judge: Judge John W. McClarty
Trial Court Judge: Judge Matthew Joel Wallace

This appeal arises from a divorce after a short marriage. The husband appeals from the ruling of
the trial court as it relates to the division of marital assets, the number of days he was awarded in
the parenting plan, and the alimony award to the wife. Upon our review, we find the order appealed
from is nonfinal and must be dismissed.

State of Tennessee v. Jamieum Alvin Reid
W2023-00925-CCA-R3-CD
Authoring Judge: Judge Jill Bartee Ayers
Trial Court Judge: Judge Donald H. Allen

Defendant, Jamieum Alvin Reid, was indicted by a Madison County Grand Jury for
possession of 0.5 grams or more of cocaine with intent to sell, possession of 0.5 grams or
more of cocaine with intent to deliver, and possession of methamphetamine. Defendant
pled guilty as charged and agreed to an effective eight-year sentence, with the manner of
service to be determined by the trial court. The trial court sentenced Defendant to serve
his sentence in confinement. Defendant appeals, arguing that the trial court abused its
discretion in denying alternative sentencing because he was already approved by a
community based program, and the State failed to present evidence that an alternative
sentence was inappropriate. Following our review of the record, the briefs of the parties,
and the applicable law, we affirm the judgments of the trial court.

State of Tennessee v. Jaylun Malik Currie
W2023-00698-CCA-R3-CD
Authoring Judge: Judge Jill Bartee Ayers
Trial Court Judge: Judge A. Blake Neill

A Tipton County Grand Jury indicted Defendant for especially aggravated kidnapping,
especially aggravated burglary, and aggravated assault by strangulation. Prior to trial,
counts one and two of the indictment were amended to aggravated kidnapping and
aggravated burglary. Following a jury trial, Defendant was convicted of aggravated
kidnapping, aggravated assault by strangulation, and aggravated criminal trespass. The
trial court sentenced Defendant to an effective eight-year sentence. Defendant appeals,
arguing that the evidence was insufficient to support his convictions for aggravated
kidnapping and aggravated assault by strangulation. Following our review of the entire
record, the briefs of the parties, and the applicable law, we affirm the judgments of the trial
court.

State of Tennessee v. Cecil Cemontaie Burnice
M2023-00793-CCA-R3-CD
Authoring Judge: Judge Robert L. Holloway, Jr
Trial Court Judge: Judge William R. Goodman, III

Cecil Cemontaie Burnice, Defendant, claims the trial court erred by revoking his probation based on new criminal charges of aggravated robbery and criminal trespass because Defendant was subsequently found not guilty by a jury of aggravated robbery and the State dismissed the criminal trespass count  We determine that the trial court did not abuse its discretion by revoking Defendant’s probation based on the evidence presented at the revocation hearing.  We affirm the judgment of the trial court.

Patrick M. Malone v. James William Rose, et al
M2023-01453-COA-WR-CV
Authoring Judge: Chief Judge D. Michael Swiney
Trial Court Judge: Judge Michael Binkley

This matter concerns prior restraint on speech. Patrick M. Malone (“Father”) is a party to
an action in the Chancery Court for Williamson County (“the Trial Court”) against
maternal grandparents James William Rose and Jennie Adams Rose (“Respondents”)
concerning Father’s minor child, Rosie (“the Child”). Father’s father, Michael P. Malone
(“Petitioner”), testified voluntarily at a hearing on Father’s motion to set bail pending
appeal of Father’s convictions for criminal contempt. In two written orders, the Trial Court
ordered Petitioner not to discuss the legal proceedings of Father’s case with the Child.
Petitioner, a non-party, filed a petition for writ of certiorari in this Court seeking reversal
of the Trial Court’s orders against him as he contends they were improper. We granted the
petition. The Trial Court’s restrictions lack an adequate evidentiary basis. In addition, the
Trial Court erred in abridging Petitioner’s constitutional right to free speech when
Petitioner is a non-party who lacked the benefit of notice or a hearing. We reverse the
provisions of the Trial Court’s orders dated August 15, 2023 and August 17, 2023
restraining Petitioner from discussing the legal proceedings of Father’s case with the Child.

Wayne Haddix d/b/a 385 Ventures v. Jayton Stinson, et al.
W2023-00679-COA-R3-CV
Authoring Judge: Presiding Judge J. Steven Stafford
Trial Court Judge: Chancellor JoeDae L. Jenkins

This appeal arises from a breach of contract action wherein the appellee was directed to deposit funds owed to the appellant with the Clerk and Master. The appellee claimed an interest in some of the deposited funds pursuant to a separate contract. The trial court granted a default judgment in favor of the appellee for the requested amount. Because the appellant failed to comply with the briefing requirements set out in Rule 27 of the Tennessee Rules of Appellate Procedure and Rule 6 of the Rules of the Court of Appeals of Tennessee, we dismiss the appeal.

State of Tennessee v. Antonio D. Gause a/k/a Bebop
W2023-00617-CCA-R3-CD
Authoring Judge: Judge John W. Campbell, Sr.
Trial Court Judge: Judge A. Blake Neill

The Defendant, Antonio D. Gause, was convicted by a Lauderdale County Circuit Court jury of two counts of first degree felony murder under alternate theories; especially aggravated robbery, a Class A felony; and accessory after the fact, a Class E felony. After merging the felony murder convictions, the trial court sentenced the Defendant to concurrent terms of life imprisonment for the first degree felony murder conviction, twenty-five years for the especially aggravated robbery conviction, and two years for the accessory after the fact conviction, for an effective sentence of life imprisonment in the Tennessee Department of Correction. On appeal, the Defendant challenges the sufficiency of the evidence in support of his convictions. Based on our review, we affirm the judgments of the trial court.

In Re Lachion W. Et Al.
E2023-01759-COA-R3-PT
Authoring Judge: Judge Thomas R. Frierson, II
Trial Court Judge: Judge Timothy E. Irwin

This is an appeal from a final order entered on November 3, 2023. The notice of appeal was not filed with the Appellate Court Clerk until December 8, 2023, more than thirty days after the date of entry of the order from which the appellant is seeking to appeal. Because the notice of appeal was not timely filed, we have no jurisdiction to consider this appeal.

State of Tennessee v. Antonio Demetrius Adkisson a/k/a Antonio Demetrius Turner, Jr. - DISSENT
W2022-01009-CCA-R3-CD
Authoring Judge: Presiding Judge Camille R. McMullen
Trial Court Judge: Judge Clayburn Peeples

Police officers in this case obtained a confession from a juvenile by threatening him with the death penalty, repeatedly denying his requests for his mother who was present at the station, and interrogating him for over six hours in the middle of the night. After reviewing the totality of the circumstances, I would have concluded that the trial court erred in denying the Defendant’s motion to suppress because the Defendant’s Miranda waiver was invalid and his confession was involuntary. I also would have concluded that the juvenile court erred in finding probable cause that the Defendant committed the offenses. Therefore, I must respectfully dissent.

State of Tennessee v. Shatara Evette Jones
M2022-01620-CCA-R3-CD
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge Jennifer Smith

In this delayed appeal, Defendant, Shatara Evette Jones, appeals her conviction for first degree murder for which she received a mandatory life sentence. On appeal, Defendant challenges: 1) the trial court’s restricting her right to cross-examine a State’s witness; 2) the trial court’s denial of her motion to dismiss, pursuant to State v. Ferguson, based on the State’s failure to preserve evidence; 3) the trial court’s denial of her motions to suppress her statement to police and cell phone data; 4) the trial court’s exclusion of evidence of the victim’s gang involvement and a rap video in which he is depicted holding a gun; 5) the trial court’s omission of an instruction in the written jury instructions; and 6) the sufficiency of the evidence of her conviction. We affirm the judgment of the trial court.