State of Tennessee v. Ralph Lee Atkins, Jr.
E2023-00368-CCA-R3-CD
Authoring Judge: Judge Robert H. Montgomery, Jr.
Trial Court Judge: Judge G. Scott Green

The Defendant, Ralph Lee Atkins, Jr., was convicted by a Knox County Criminal Court
jury of second degree murder, a Class A felony. See T.C.A. § 39-13-210 (2018). The
Defendant was sentenced to twenty-two years’ incarceration. On appeal, he contends that
the evidence is insufficient to support his conviction. We affirm the judgment of the trial
court

Baron Construction, LLC v. 4J Construction Company, Inc. et al.
M2022-00412-COA-R3-CV
Authoring Judge: Judge W. Neal McBrayer
Trial Court Judge: Chancellor Anne C. Martin

A general contractor sued two business entities and their sole owner for breach of contract. The defendants denied liability and filed a counter-complaint. Four years later, the contractor moved for sanctions under Tennessee Rule of Civil Procedure 16.06. The trial court entered a default judgment against the defendants and dismissed their counterclaims with prejudice due to their repeated failure to comply with pretrial orders. The defendants moved to set aside the final judgment. The trial court granted the owner relief from the judgment. But it refused to set aside the judgment against his two companies. And it granted the contractor summary judgment against the owner on the remaining claims. We affirm.

Tut Mayal Tut v. State of Tennessee
M2023-01069-CCA-R3-PC
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge Cheryl A. Blackburn

The pro se petitioner, Tut Mayal Tut, appeals the summary dismissal of his second petition for post-conviction relief, which petition challenged his guilty-pleaded convictions of especially aggravated kidnapping, especially aggravated robbery, and aggravated rape, alleging that his guilty pleas were unknowing and involuntary. Discerning no error, we affirm the summary dismissal of the post-conviction petition.

State of Tennessee v. Frank James Hastings
M2023-00247-CCA-R3-CD
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge Forest A. Durard, Jr.

Defendant, Frank James Hastings, appeals his effective sentence of twenty-two years related to three cases in which he entered open best interest pleas. On appeal, Defendant argues that his sentence is excessive and that the trial court erred by imposing partial consecutive service and denying alternative sentencing. After a thorough review of the record, we affirm the judgments of the trial court.

Jaquan Gathing v. State of Tennessee
W2023-00596-CCA-R3-PC
Authoring Judge: Judge J. Ross Dyer
Trial Court Judge: Judge Lee V. Coffee

The petitioner, Jaquan Gathing, appeals the denial of his post-conviction petition, arguing
the post-conviction court erred in finding he received the effective assistance of counsel.
After our review of the record, briefs, and applicable law, we affirm the denial of the
petition.

State of Tennessee v. Robert Bevis, Jr. a/k/a Butch Bevis
W2022-01740-CCA-R3-CD
Authoring Judge: Presiding Judge Camille R. McMullen
Trial Court Judge: Judge Mark L. Hayes

A Dyer County Circuit Court jury convicted the Defendant, Robert Bevis, Jr., of two counts
of attempted first degree premeditated murder and one count of employing a firearm during
the commission of a dangerous felony, and the trial court imposed concurrent sentences of
thirty-five years at eighty-five percent for the attempted murder convictions and a
consecutive ten-year sentence at one hundred percent for the firearm conviction. On
appeal, the Defendant argues: (1) the trial court failed to declare a mistrial in response to
numerous outbursts by the victims’ families; (2) the evidence is insufficient to sustain his
convictions; (3) the trial court erred in overruling the defense’s objection when the
prosecutor misrepresented evidence during closing argument; and (4) the trial court erred
in failing to instruct the jury on voluntary intoxication and attempted first degree murder
without serious bodily injury. After review, we affirm the judgments of the trial court but
remand the case for entry of a corrected judgment in Count 4 to reflect the accurate
conviction offense of employing a firearm during the commission of a dangerous felony.

State of Tennessee v. Ralph Edward Overstreet, Jr.
M2023-00260-CCA-R3-CD
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge Brody N. Kane

The Smith County Grand Jury indicted Defendant, Ralph Edward Overstreet, Jr., for burglary, attempted first degree murder, aggravated assault, and resisting arrest. A jury convicted Defendant as charged, and the trial court merged the aggravated assault conviction into the attempted first degree murder conviction. Defendant argues on appeal that: (1) the prosecutor’s previous representation of Defendant created an actual conflict of interest that required disqualification and a new trial; (2) the State violated its discovery obligations by introducing evidence that the State allegedly did not disclose of a prior domestic incident between Defendant and his girlfriend; and (3) the evidence was insufficient to support his conviction for attempted first degree murder. Defendant does not challenge the sufficiency of any other conviction. After hearing oral arguments and reviewing the record, the parties’ briefs, and the applicable law, we affirm the judgments of the trial court.

Estate of Ella Mae Haire et al. v. Shelby J. Webster et al.
E2022-01657-COA-R3-CV
Authoring Judge: Judge Kristi Davis
Trial Court Judge: Chancellor Richard B. Armstrong

Decedent’s son, individually and as personal representative of his mother’s estate, sued several of his siblings and decedent mother’s bank. Among other things, the son alleged that the bank breached its duties to the decedent by disbursing funds out of her checking and savings accounts following her death. Eventually, the bank moved for summary judgment, arguing that it was not negligent in its handling of the decedent’s accounts, nor did it breach any contractual duty to either the decedent or her son. The son appeals and, discerning no error by the trial court, we affirm.

Wendy C. Coram Et Al v. Jimmy C. Brasfield, M.D. Et Al
E2022-01619-COA-R3-CV
Authoring Judge: Judge Kristi M. Davis
Trial Court Judge: Judge John S. McLellan, III

Plaintiffs filed a health care liability action against several defendants. Following a hearing on the defendants’ motions to dismiss, the trial court determined that the plaintiffs failed to substantially comply with Tennessee Code Annotated section 29-26-121(a)(2)(E) and that the action was untimely. The plaintiffs appealed to this Court and, following our review, we reverse.

Anika Berryhill v. Shelby County Government Civil Service Merit Board
W2022-01814-COA-R3-CV
Authoring Judge: Judge Jeffrey Usman
Trial Court Judge: Chancellor Jim Kyle

A former Shelby County employee alleges that she was wrongfully terminated by the
County and that the Shelby County Government Civil Service Merit Board (CSMB)
improperly declined to consider her appeal. The CSMB’s decision not to consider her
appeal was based upon its determination that the former employee was administratively
removed from her position, not punitively terminated, and, accordingly, the matter was
beyond its authority. The former employee sought judicial review of the CSMB’s decision
in the Shelby County Chancery Court. The Chancery Court dismissed, concluding that the
CSMB did not err on the merits and that the Chancery Court lacked subject matter
jurisdiction. The former employee appeals to this court. Based upon a lack of subject
matter jurisdiction, we affirm the Chancery Court’s dismissal of the former employee’s
petition for judicial review.

Catina Hope Kestner Lusk v. Brandon Burl Lusk
E2024-00226-COA-T10B-CV
Authoring Judge: Judge Jeffrey Usman
Trial Court Judge: Judge Suzanne Cook

This is an accelerated interlocutory appeal as of right pursuant to Rule 10B of the Rules of the Supreme Court of Tennessee from a circuit court judge’s denial of a motion to recuse. The Appellant moved for recusal based on the judge’s setting a trial date, based on the judge’s having filed a complaint with the Board of Professional Responsibility against the Appellant’s attorney in an unrelated case, and based on criticism of the attorney in an
unrelated case. The judge denied the recusal on the merits and also due to a failure to follow the procedural requirements of Rule 10B. We affirm the trial court’s denial of the motion to recuse.

In Re Kamdyn H. et al.
E2023-00497-COA-R3-PT
Authoring Judge: Judge D. Michael Swiney
Trial Court Judge: Judge Mark H. Tooey

This is an appeal of a termination of a mother’s parental rights. The Juvenile Court for Sullivan County (“the Juvenile Court”) terminated the parental rights of Tara C. (“Mother”)to two of her children, Kamdyn H. and Bentyn H. upon finding that the Tennessee Department of Children’s Services (“DCS”) proved by clear and convincing evidence that Mother was mentally incompetent and that it was in the best interest of Kamdyn and Bentyn for Mother’s parental rights to be terminated. Mother has appealed. Upon our review, we affirm the Juvenile Court’s judgment.

Joseph Floyd v. State of Tennessee
W2023-00436-CCA-R3-PC
Authoring Judge: Presiding Judge Camille R. McMullen
Trial Court Judge: Judge Lee V. Coffee

The Petitioner, Joseph Floyd, appeals from the denial of his petition seeking postconviction
relief from his convictions of driving under the influence (two counts) and
reckless driving. He received an effective sentence of eleven months and twenty-nine days,
which was suspended after service of seven days. In this appeal, the Petitioner argues that
trial counsel was ineffective in failing to call his ex-girlfriend as a witness at trial and claims
she would have established that the Petitioner was not the driver at the time of the offense.
The Petitioner also argues the post-conviction court erred in denying relief because the
court initially “advised [the Petitioner] that it would accept an affidavit of [his exgirlfriend]
as a substitute for live testimony” and later denied the Petitioner relief for failure
to produce witnesses at the evidentiary hearing.1 Upon our review, we affirm the judgment
of the post-conviction court.

Michael White v. Vincent Vantell, Warden
M2023-00967-CCA-R3-HC
Authoring Judge: Judge Tom Greenholtz
Trial Court Judge: Judge Michael Wayne Collins

A Marshall County jury convicted the Petitioner, Michael White, of five counts of rape in 2005, and the trial court sentenced him to an effective sentence of fifty-five years. Thereafter, the Petitioner filed an application for a writ of habeas corpus. He alleged that the trial court lacked jurisdiction to hear his case because, among other things, the original affidavit of complaint was invalid and that his charges were not supported by probable cause. The habeas corpus court summarily denied the application, finding that the Petitioner failed to state a colorable claim for relief and that he failed to comply with the statutory requirements for requesting the writ. Upon our review, we respectfully affirm the judgment of the habeas corpus court.

State of Tennessee v. Ruben D. Pimentel
M2023-00599-CCA-R3-CD
Authoring Judge: Judge Tom Greenholtz
Trial Court Judge: Judge Larry B. Stanley, Jr.

In 2005, the Defendant, Ruben D. Pimentel, pled guilty to the offense of first degree murder and accepted a negotiated sentence of imprisonment for life without possibility of parole. Thereafter, he filed a motion to correct an illegal sentence pursuant to Tennessee Rule of Criminal Procedure 36.1. He alleged that his sentence was illegal because it violates Tennessee Code Annotated section 40-35-501(h)(2), as amended in 2020, which provides that a defendant may be released from a life sentence after sixty years. The trial court summarily denied the motion, finding that the Defendant’s sentence was not illegal. Upon our review, we respectfully disagree with the Defendant and affirm the trial court’s judgment.

Brandi Michelle Rose v. Timothy Elvin Rose
W2023-01445-COA-R3-CV
Authoring Judge: Per Curiam
Trial Court Judge: Chancellor Vicki Hodge Hoover

Appellants, Rose Sawmill, Inc. and Shiloh Golf Course, Inc., have appealed an order of the
Hardin County Chancery Court that was entered on September 14, 2023. We determine
that the September 14, 2023 order does not constitute a final appealable judgment.
Therefore, this Court lacks jurisdiction to consider the appeal. The appeal is dismissed.

Tassi Williams v. Rodney Wayne Williams, Jr.
E2023-00810-COA-R3-CV
Authoring Judge: Judge Frank G. Clement, Jr.
Trial Court Judge: Judge Gregory S. McMillan

This appeal arises from the issuance of an order of protection against the appellant, Rodney Williams, Jr. We, however, have determined that the appellant’s brief is profoundly deficient for it fails to comply with Rule 27(a) of the Tennessee Rules of Appellate Procedure and Rule 6 of the Rules of the Court of Appeals of Tennessee in several material respects. Based on the appellant’s failure to substantially comply with Rule 27(a)(6)–(7) of the Tennessee Rules of Appellate Procedure and Rule 6 of the Rules of the Court of Appeals of Tennessee, the appellant has waived his right to an appeal. Accordingly, this appeal is dismissed.

Ben Smith et al. v. William A. White et al.
M2023-00030-COA-R3-CV
Authoring Judge: Judge Andy D. Bennett
Trial Court Judge: Judge Michael Wayne Collins

The appellees sold a portion of their property to the appellants. The appellees sued the appellants seeking an easement by necessity. The appellants maintained that Tenn. Code Ann § 54-14-102 and its associated statutes prohibited such an easement. The trial court granted a common law easement by necessity. We agree with the trial court’s determination that the 2020 amendments to Tenn. Code Ann § 54-14-102 and its associated statutes did not change the common law regarding easements by necessity. However, due to the lack of a hearing and the corresponding lack of evidence, the improper use of the trial judge’s visit to the property as a fact-finding mission, and the uncertain procedures used to decide the case, we vacate the trial court’s order and remand this matter to the trial court for further proceedings.

Farris Lamont Kidd v. State of Tennessee
W2023-00601-CCA-R3-PC
Authoring Judge: Judge Matthew J. Wilson
Trial Court Judge: Judge Donald H. Allen

Petitioner, Farris Lamont Kidd, pleaded guilty to five separate charges, and received an effective fourteen-year sentence. Thereafter, Petitioner filed a pro se petition for post-conviction relief, which the post-conviction court denied after a hearing. On appeal, Petitioner argues he received ineffective assistance of counsel. After review, we affirm the judgment of the post-conviction court.

In Re Pandora G.
M2023-01223-COA-R3-PT
Authoring Judge: Judge Kenny Armstrong
Trial Court Judge: Judge Sheila Calloway

This is a termination of parental rights case. The trial court terminated Appellant/Father’s parental rights on the grounds of abandonment by failure to support, substantial noncompliance with the permanency plan, and failure to manifest an ability and willingness to assume custody, and on its finding that termination of parental rights was in the child’s best interest. Father appeals. Because Appellee abandoned the ground of substantial noncompliance with the permanency plan, we reverse the trial court’s termination of Appellant’s parental rights on that ground. We affirm the trial court’s termination of Appellant’s parental rights on all remaining grounds and on its finding that termination of Appellant’s parental rights is in the child’s best interest.

State of Tennessee v. Justin Daniel Barker
W2022-01631-CCA-R3-CD
Authoring Judge: Judge Matthew J. Wilson
Trial Court Judge: Judge Donald E. Parish

A Henry County jury found Defendant, Justin Daniel Barker, guilty of two counts of rape (under alternate theories) and one count of aggravated statutory rape. The trial court imposed an effective sentence of eight and a half years in the Tennessee Department of Correction. On appeal, Defendant argues the trial court erred in admitting testimony related to Defendant’s pending criminal proceedings in another jurisdiction, and he contends the evidence was insufficient to sustain the jury’s verdicts. After review, we conclude the trial court erred in admitting evidence related to the pending criminal proceedings, but such error was harmless. We also conclude the evidence was sufficient to support Defendant’s convictions. Accordingly, we affirm the judgments of the trial court.

In Re Evandor C.
M2022-01697-COA-R3-PT
Authoring Judge: Judge Carma Dennis McGee
Trial Court Judge: Judge Ronnie J. T. Blevins, II

This appeal arises from a petition to terminate the parental rights of a mother and a father to their son. The trial court found that three grounds for termination existed as to the parents: (1) substantial noncompliance with a permanency plan; (2) persistent conditions; and (3) failure to manifest an ability and willingness to assume custody. The trial court also found that the termination was in the best interest of the child. The mother and the father appeal. We reverse the trial court’s finding that clear and convincing evidence established the ground of persistent conditions. However, we affirm its findings that the remaining grounds were proven as to both parents and that termination was in the best interest of the child.

Frank Reed Et Al. v. Town of Louisville, Tennessee Et Al.
E2023-00438-COA-R3-CV
Authoring Judge: Judge Thomas R. Frierson, II
Trial Court Judge: Judge David R. Duggan

This appeal involves a decision by the Town of Louisville Board of Zoning Appeals (“BZA”) that was upheld on review by the Blount County Circuit Court (“trial court”). At its May 5, 2020 hearing, the BZA granted appellee William Mattison’s request for a variance to allow him to construct an accessory, non-attached garage on his improved real property, which structure would purportedly exceed the height limit set by town ordinance. The appellants, Frank and Tina Reed, who own property adjacent to Mr. Mattison’s property and who had opposed Mr. Mattison’s request for a variance, filed a petition for writ of certiorari with the trial court on July 5, 2022, seeking review of the BZA’s decision. The trial court conducted hearings on the Reeds’ petition in January and February 2023. On February 27, 2023, the trial court entered a final order affirming the BZA’s decision to grant a variance to Mr. Mattison. The trial court found that there was a rational basis for the BZA’s decision, which was supported by material evidence, and that the BZA had acted within its scope of authority and discretion. The Reeds timely appealed. Determining that there existed no material evidence of any particular characteristic of the real property warranting the grant of a variance, we reverse the trial court’s judgment affirming the BZA’s decision and vacate the BZA’s grant of a variance to Mr. Mattison as illegal and outside the BZA’s authority.

Kendall Collier Ex Rel. Chayce C. v. Periculis Roussis, M.D. Et Al.
E2022-00636-COA-R3-CV
Authoring Judge: Judge D. Michael Swiney
Trial Court Judge: Judge William T. Ailor

This appeal concerns juror misconduct. Chayce Collier (“Chayce”), a minor, by and through his parent and next friend, Kendall Collier (“Plaintiff”), sued Periclis Roussis, M.D. (“Dr. Roussis”), Fort Sanders Perinatal Center, and Fort Sanders Regional Medical Center (“the Hospital”) (“Defendants,” collectively) in the Circuit Court for Knox County (“the Trial Court”) alleging health care liability in Chayce’s delivery. A major issue at trial was whether Dr. Roussis fell below the standard of care by failing to administer epinephrine to Plaintiff when she had an anaphylactic reaction during labor. The jury found for Defendants. However, it emerged that a juror had gone home and looked at the warning on an epipen which said that epinephrine should only be used when the potential benefit justifies the potential risk to the fetus. The juror shared this information with the rest of the jury. Plaintiff filed a motion for a new trial, which the Trial Court first granted and then denied. Plaintiff appeals. Under Tenn. R. Evid. 606(b), jurors may not be asked what effect, if any, that extraneous information had on them. Instead, courts look to the extraneous information itself to determine whether there is a reasonable possibility that it altered the verdict. We hold that there is a reasonable possibility that the extraneous information shared with the jury in this case altered the verdict, and Defendants failed to rebut the presumption of prejudice. The Trial Court applied an incorrect legal standard and thereby abused its discretion in denying Plaintiff’s motion for a new trial. We reverse the judgment of the Trial Court and remand for further proceedings consistent with this Opinion.

In Re Macee M.
E2023-00985-COA-R3-PT
Authoring Judge: Judge Frank G. Clement Jr.
Trial Court Judge: Chancellor John F. Weaver

The father and stepmother of Macee M. filed a petition to terminate the mother’s parental rights on three grounds. The trial court found that one ground had been proven, abandonment for failure to support, and that termination of the mother’s parental rights was in Macee’s best interest. Based on these findings, the mother’s parental rights were terminated. The mother appeals. We affirm the termination of her parental rights.