Marshall Chism v. Romello Love
W2022-00294-COA-R3-CV
Authoring Judge: Judge Jeffrey Usman
Trial Court Judge: Judge Jerry Stokes

The Appellant challenges the circuit court’s grant of an order of protection, asserting that
the evidence preponderates against the finding that the Appellant stalked the Appellee.
Because the order of protection has expired by its own terms, we dismiss the appeal as
moot.

State of Tennessee v. Dale Anthony Wilbourn
W2022-01199-CCA-R3-CD
Authoring Judge: Judge Tom Greenholtz
Trial Court Judge: Judge Donald H. Allen

The Defendant, Dale Anthony Wilbourn, was convicted of the offenses of evading arrest
and making an improper turn. The trial court sentenced the Defendant to a total effective
term of six years to be served in custody. On appeal, the Defendant argues that the evidence
is insufficient to support his conviction for evading arrest and that the trial court erred in
not imposing an alternative sentence to incarceration.1 On our review, we respectfully
disagree with the Defendant and affirm the judgments of the trial court.

State of Tennessee v. Courdarrius Perkins
W2022-01111-CCA-R3-CD
Authoring Judge: Judge Jill Bartee Ayers
Trial Court Judge: Judge Paula L. Skahan

A Shelby County jury convicted Defendant, Courdarrius Perkins, of first-degree felony
murder and aggravated robbery. The trial court sentenced Defendant to a concurrent
sentence of life imprisonment for felony murder and five years for aggravated robbery. On
appeal, Defendant contends the trial court erroneously instructed the jury on the underlying
felony on the felony murder charge and compounded the error by failing to require the
State to elect the facts for the underlying felony. He also contends the trial court erred in
denying his motion for judgment of acquittal on the felony murder charge because the
evidence is insufficient. After reviewing the record, the briefs and oral arguments of the
parties, and considering the applicable law, we affirm the judgments of the trial court.

State of Tennessee v. Gregory Lavelle Lilly
M2022-00958-CCA-R3-CD
Authoring Judge: Judge Jill Bartee Ayers
Trial Court Judge: Judge Dee David Gay

The Appellant, Gregory Lavelle Lilly, appeals the trial court’s order denying his motion for a reduction of sentence. Tenn. R. Crim. P. 35. Upon review of the motion filed by appointed counsel, and in light of the record on appeal, the Court hereby affirms the order of the trial court.

Ladon Antoine Doak v. State of Tennessee
M2022-00727-CCA-R3-PC
Authoring Judge: Judge Jill Bartee Ayers
Trial Court Judge: Judge Steve R. Dozier

Petitioner, Ladon Antoine Doak, 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.

State of Tennessee v. Michael E. Odom
M2022-00756-CCA-R3-CD
Authoring Judge: Judge Jill Bartee Ayers
Trial Court Judge: Judge Suzanne Lockert-Mash

Defendant, Michael E. Odom, was convicted by a Houston County jury of assault and elder abuse. The trial court imposed a two-year sentence, suspended to supervised probation after sixty days of incarceration. Defendant appeals the trial court’s order denying his motion for a new trial. On appeal, Defendant argues that the jury instruction on elder abuse was incomplete and that the trial court improperly commented on matters of fact during trial testimony. Following our review of the entire record, the briefs of the parties, and oral argument, we affirm the judgments of the trial court.

Charter Communications Operating, LLC v. Madison County, et al.
W2022-01025-COA-R3-CV
Authoring Judge: Judge Carma Dennis McGee
Trial Court Judge: Senior Judge Robert E. Lee Davies

This appeal involves a bid awarded by a county finance department and upheld by the
county’s finance committee after a bid protest hearing. One of the service providers whose
bid was not selected filed a petition for common law writ of certiorari in chancery court.
After reviewing the administrative record, the chancery court concluded that the finance
committee’s decision was arbitrary and capricious and unsupported by material evidence
and remanded for the county to rebid the contract. We reverse and remand for further
proceedings.

State of Tennessee v. Deshawn Eugene Williams
M2022-01123-CCA-R3-CD
Authoring Judge: Judge Matthew J. Wilson
Trial Court Judge: Judge Angelita Blackshear Dalton

Defendant, Deshawn Eugene Williams, appeals from the Davidson County Criminal Court’s revoking his probation and ordering him to serve his previously ordered probationary sentence of ten years in confinement. On appeal, Defendant argues the trial court abused its discretion by failing to give him credit for time successfully served while on probation. After review, we affirm the judgment of the trial court.

Blue Water Bay at Center Hill, LLC Et Al. v. Larry J. Hasty Et Al.
M2020-01336-COA-R3-CV
Authoring Judge: Judge W. Neal McBrayer
Trial Court Judge: Judge Deanna B. Johnson

This appeal concerns the enforceability of a promissory note and a coguarantor’s right to seek contribution from another guarantor. The note and guaranties were assigned several times and, at one point, held by the coguarantor. On a motion for summary judgment, the trial court concluded on the undisputed facts that the promissory note had been discharged and that there was no right to contribution. We conclude that the promissory note was not discharged but agree that there was no right to contribution.

Kim Brown v. Shelby County Schools
W2022-00123-COA-R3-CV
Authoring Judge: Judge Carma Dennis McGee
Trial Court Judge: Chancellor JoeDae L. Jenkins

This appeal involves the termination of a tenured teacher for the cause of inefficiency.
After receiving a written charge recommending his dismissal, the teacher requested a
tenure hearing before a hearing officer, who found that there was substantial evidence to
support the charge of inefficiency and that there was just cause for termination. The teacher
appealed, the board of education voted to sustain the decision of the hearing officer, and
the teacher was terminated. The teacher petitioned for judicial review of the decision in
the chancery court. The chancery court reversed and reinstated the teacher with back pay.
The school system appeals. We reverse.

State of Tennessee v. Charles Anderson Clark, Jr.
W2022-01372-CCA-R3-CD
Authoring Judge: Judge John W. Campbell, Sr.
Trial Court Judge: Senior Judge Roy B. Morgan, Jr.

The pro se Petitioner, Charles Anderson Clark, Jr., appeals the denial of his motion to
correct an illegal sentence pursuant to Tennessee Rule of Criminal Procedure 36.1. Based
on our review, we affirm the judgment of the trial court.

State of Tennessee v. Kyanedre Oshea-Malik Benson
W2022-00703-CCA-R3-CD
Authoring Judge: Judge John W. Campbell, Sr.
Trial Court Judge: Judge Clayburn Peeples

The Defendant, Kyanedre Oshea-Malik Benson, was convicted in the Haywood County Circuit Court of one count of employing a firearm during the attempt to commit voluntary manslaughter, a Class C felony; one count of possession of a firearm by a convicted felon, a Class C felony; one count of attempted voluntary manslaughter, a Class D felony; ten counts of reckless aggravated assault, a Class D felony; and one count of reckless endangerment with a deadly weapon, a Class E felony.  After a sentencing hearing, he received an effective sentence of sixty-two years in confinement.  On appeal, the Defendant claims that the evidence is insufficient to support his convictions of attempted voluntary manslaughter and employing a firearm during the attempt to commit voluntary manslaughter and that the trial court erred by refusing to merge one of his convictions of reckless aggravated assault into his conviction of attempted voluntary manslaughter.  Upon review, we affirm the judgments of the trial court.

Jerry W. Phillips v. Martin Frink, Warden
M2022-01268-CCA-R3-HC
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge Michael Wayne Collins

Jerry W. Phillips, Petitioner, appeals from the summary dismissal of his habeas corpus petition in which he claimed his convictions were void because there was a fatal variance between the proof at trial and the indictment and that the proof at trial, which differed from the proof at the preliminary hearing, constructively amended the indictment. After a thorough review of the record and the applicable law, we affirm the judgment of the habeas court.

In Re Leah T.
M2022-00839-COA-R3-PT
Authoring Judge: Judge Thomas R. Frierson, II
Trial Court Judge: Judge J. Mark Rogers

In this case involving a petition to terminate the mother’s parental rights to her child and to allow the petitioners to adopt the child, the trial court determined that three statutory grounds for termination had been proven by clear and convincing evidence. The trial court further determined that the petitioners had provided clear and convincing evidence that termination of the mother’s parental rights was in the child’s best interest. The mother has appealed the best interest determination. Upon our review, we affirm the trial court’s finding as to the statutory grounds of abandonment through failure to support, abandonment through failure to visit, and severe abuse of the child’s sibling. However, having determined that under the facts of this case, the trial court erred in applying the statutory best interest factors applicable to the initial termination petition rather than those applicable to the amended petition, we reverse the trial court’s best interest finding and remand for reconsideration applying the amended best interest factors contained in Tennessee Code Annotated § 36-1-113(i) (Supp. 2022).

Fred Whitley, Jr. v. Metropolitan Nashville Board of Education
M2022-01079-COA-R3-CV
Authoring Judge: Judge Kenny Armstrong
Trial Court Judge: Chancellor Patricia Head Moskal

Appellant, a tenured teacher employed by Metropolitan Nashville Public Schools, was involved in an altercation with students at an alternative high school. Subsequently, Appellee Metropolitan Nashville Board of Education (the “Board”) terminated Appellant’s employment. After exhausting his administrative remedies, Appellant filed an action with the trial court arguing that the Board exceeded its authority under the Teachers’ Tenure Act. The trial court vacated the Board’s decision on the ground that the Board violated the Open Meetings Act. We affirm the trial court’s decision on different grounds, i.e., that the Board committed a clear error of law when it conducted a third hearing concerning the termination of Appellant’s employment. We also conclude that Appellant is entitled to reinstatement and back pay. There is nothing further for the Board to do; accordingly, we reverse the trial court’s order of remand.

State of Tennessee v. Darius Henderson
W2022-00882-CCA-R3-CD
Authoring Judge: Judge Tom Greenholtz
Trial Court Judge: Judge Donald H. Allen

In this appeal from a resentencing hearing, the Defendant, Darius Henderson, challenges
his total effective sentence of twelve years following his convictions for theft of property
and evading arrest. The Defendant argues that the trial court erred by not applying two
mitigating circumstances and by aligning the sentences to run consecutively. We
respectfully disagree and affirm the trial court’s judgments.

Michael Bailey v. State of Tennessee
W2022-01405-CCA-R3-HC
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge Lee V. Coffee

Petitioner, Michael Bailey, appeals from the Shelby County Criminal Court’s summary
dismissal of his petition for writ of habeas corpus. Discerning no error, we affirm the
judgment of the habeas corpus court.

Martiness Henderson v. State of Tennessee
W2022-01081-CCA-R3-PC
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge Paula L. Skahan

Petitioner, Martiness Henderson, appeals from the Shelby County Criminal Court’s order denying his petition for post-conviction relief, in which he alleged that he received the ineffective assistance of counsel at trial.  Having reviewed the entire record and the briefs of the parties, we affirm the judgment of the post-conviction court. 

In Re Stephanie D. Et Al.
M2023-00780-COA-R3-JV
Authoring Judge: Per Curiam
Trial Court Judge: Judge David Howard

A father appeals an order transferring jurisdiction over his minor children to West Virginia. Because the father did not file his notice of appeal with the clerk of the appellate court within thirty days after entry of the final order as required by Tennessee Rule of Appellate Procedure 4(a), we dismiss the appeal.

Madison Holdings, LLC ET AL. v. The Cato Corporation
W2022-00685-COA-R3-CV
Authoring Judge: Judge Arnold B. Goldin
Trial Court Judge: Judge Roy B. Morgan, Jr.

In litigation commenced by landlord to recover unpaid rent, the tenant asserted a
counterclaim alleging violations of the parties’ lease agreement and seeking a declaration
of the parties’ rights and obligations. Featuring prominently in the parties’ dispute is a
lease provision providing for, among other things, rent abatement if a non-party to this
litigation, the designated “Major Anchor Tenant,” ceases operations in the shopping center
where the tenant’s store is located. Under another lease provision, which is also at issue,
the right to rent abatement is triggered, subject to certain exceptions, if landlord enters into
another lease agreement “with or by any national or regional tenant having . . . more than
one store for whom the majority of its revenue is from the sale of apparel and/or clothing
accessories.” In this case, the tenant has asserted rights to relief with respect to both of
these provisions. Following a bench trial, the trial court rejected various defenses raised
by landlord in the litigation and determined that the tenant was entitled to relief under the
parties’ lease. As part of its order, the trial court awarded the tenant a monetary judgment
against landlord related to rent overpayments the tenant had made during a period when
rent abatement was in effect. Although we conclude that the trial court erred in awarding
a monetary judgment related to the rent overpayments given that the remedy provided
under the relevant lease provision specifically provides only for an offset against current
or future rent, we otherwise affirm the trial court’s order in this case.

Eric Todd Sparks v. Rachel Collins Sparks
E2022-00586-COA-R3-CV
Authoring Judge: Judge Kristi M. Davis
Trial Court Judge: Judge Michael E. Jenne

Eric Todd Sparks (“Husband”) and Rachel Collins Sparks (“Wife”) were divorced by order of the Chancery Court for Bradley County (the “trial court”) on December 2, 2021. In addition to $693 in monthly child support, the trial court ordered Husband to pay Wife $750 per month in alimony in futuro. The trial court also ordered that once the parties’ minor child, who was nine years old at the time of trial, reached the age of majority, Husband’s alimony in futuro obligation would automatically increase to $1,250 per month. Husband timely appealed to this Court. We affirm the trial court’s decision to award Wife alimony in futuro, but, considering Husband’s ability to pay and Wife’s need, we vacate the trial court’s ruling as to the monthly amount and remand for further proceedings. We also conclude that the trial court abused its discretion in ordering the automatic increase in Husband’s alimony obligation upon the Child reaching the age of majority and vacate that portion of the trial court’s order. Consequently, the trial court’s ruling is vacated in part and affirmed in part. We decline to award Wife her attorney’s fees incurred on appeal.

In Re Destyni S. Et Al.
M2022-00910-COA-R3-PT
Authoring Judge: Judge Thomas R. Frierson, II
Trial Court Judge: Judge Stella L. Hargrove

In this case involving termination of the mother’s parental rights to her two children, the Lawrence County Chancery Court (“trial court”) determined that seven statutory grounds for termination had been proven by clear and convincing evidence. The trial court further determined that clear and convincing evidence demonstrated that termination of the mother’s parental rights was in the children’s best interest. The mother has appealed. Discerning no reversible error, we affirm.

State of Tennessee v. Daryl Deangelo Rollins
E2022-00890-CCA-R3-CD
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge Steven W. Sword

Defendant, Daryl Deangelo Rollins, pled guilty to one count of reckless vehicular homicide
and two counts of reckless endangerment, as a Range I offender, in exchange for dismissal
of the remaining counts of the indictment with no agreement as to the sentences. After a
sentencing hearing, the trial court denied judicial diversion and alternative sentencing.
Defendant was sentenced to six years for reckless vehicular homicide, two years on one
count of reckless endangerment, and one year on the remaining count of reckless
endangerment, to be served concurrently. Defendant appeals, arguing that his sentence for
vehicular homicide is excessive, that the trial court improperly applied enhancement
factors, and that the trial court erred by denying an alternative sentence. We affirm the
judgments of the trial court.

Tennessee Farmers Mutual Insurance Company, Inc. v. Linda Linkous Et Al.
M2022-01035-COA-R3-CV
Authoring Judge: Judge Andy D. Bennett
Trial Court Judge: Chancellor Elizabeth C. Asbury

The trial court held that an insurance company properly denied an insured’s claim for property loss arising out of a fire. The trial court found that the denial was supported by two grounds: (1) that the property was not “occupied” as defined by the policy at the time of the fire and, therefore, the policy did not cover the loss, and (2) that the policy was voided by the insured’s misrepresentations relating to the loss. We affirm the trial court’s decision.

Courtney R. Logan v. Vincent Vantell, Warden
W2022-01413-CCA-R3-HC
Authoring Judge: Judge Kyle A. Hixson
Trial Court Judge: Judge A. Blake Neill

The Petitioner, Courtney R. Logan, appeals the Hardeman County Circuit Court’s
summary dismissal of his fifth petition for writ of habeas corpus relief. Following our
review, we affirm the judgment of the habeas corpus court pursuant to Rule 20 of the Rules
of the Court of Criminal Appeals.