Katherine Sanko v. Clinton Sanko
E2022-00742-COA-R3-CV
Authoring Judge: Judge Kristi M. Davis
Trial Court Judge: Chancellor Pamela A. Fleenor

Katherine Sanko (“Mother”) and Clinton Sanko (“Father”) dispute custody of two of their
four children. The children have lived primarily with Mother in Pennsylvania. However,
following a petition filed by Father to change custody, the trial court concluded that a
material change in circumstances occurred and that Father should be the primary residential
parent. Because the trial court determined that the material change in circumstances was
Mother’s relocation from Tennessee to Pennsylvania and this Court sanctioned the
relocation in a prior appeal, the ruling must be vacated and the case remanded.

Court of Appeals

Ibraheem Sabah v. Tennessee Department of Labor and Workforce Development Et Al.
M2022-00526-COA-R3-CV
Authoring Judge: Judge Andy D. Bennett
Trial Court Judge: Judge Louis W. Oliver

This case involves the denial of a claim for pandemic unemployment assistance and the subsequent administrative proceedings before the Tennessee Department of Labor and Workforce Development. The applicant failed to appear for his appeals hearing despite being notified of the hearing and the procedures required to participate in the hearing. The applicant’s request to reopen his case was denied because he failed to show good cause for his failure to attend. The applicant petitioned for judicial review in the chancery court. After finding substantial and material evidence to support the denial of benefits, the chancery court affirmed the decision of the Commissioner’s Designee. We affirm the chancery court’s decision

Sumner Court of Appeals

Dessie X v. Idris X
W2021-01155-COA-R3-CV
Authoring Judge: Judge Kenny Armstrong
Trial Court Judge: Judge James F. Russell

Husband appeals the trial court’s classification, valuation, and division of real property in
this divorce action. Discerning no error, we affirm.

Shelby Court of Appeals

In Re Jeremiah G.
M2022-00869-COA-R3-PT
Authoring Judge: Judge John W. McClarty
Trial Court Judge: Judge James D. White, Jr.

A father appeals the termination of his parental rights to his child on the grounds of (1) substantial noncompliance with the permanency plan; (2) abandonment by failure to establish a suitable home; (3) persistence of conditions; and (4) failure to manifest an ability and willingness to personally assume custody or financial responsibility. He also challenges the trial court’s finding that termination of his parental rights was in the child’s best interest. We affirm the trial court’s conclusion that clear and convincing evidence supports the aforementioned grounds for termination and that termination is in the child’s best interest.

Clay Court of Appeals

Christopher Turner v. State of Tennessee
M2021-01470-COA-R3-CV
Authoring Judge: Presiding Judge Frank G. Clement, Jr.
Trial Court Judge: Commissioner James A. Haltom

This appeal arises from a complaint filed with the Claims Commission in which Christopher Turner (“Plaintiff”) seeks monetary damages for being incarcerated by the State of Tennessee (“the State”) beyond his sentence expiration date due to the failure of the Tennessee Department of Correction to award the pretrial jail credits and “street time” ordered by the criminal court as provided by his plea agreement. The amended complaint alleged “negligent care, custody, and control of persons,” “negligent care of personal property,” “negligent operation of machinery or equipment (computer systems),” and “breach of written contract.” The State filed a motion to dismiss for lack of subject matter jurisdiction. The Claims Commissioner granted the motion and dismissed the case on the ground that the Commission lacked jurisdiction because “the allegations in the Complaint fall outside the categories set forth in Tennessee Code Annotated § 9-8-307.” Plaintiff appeals. We affirm the Commission’s determination that it did not have subject matter jurisdiction over the claims asserted. However, both parties contend, and we agree, that instead of dismissing Plaintiff’s claims for lack of jurisdiction, the Commission was required to transfer the case to the Board of Claims. See Tenn. Code Ann. § 9-8-402(a)(5) (“Claims not within the jurisdiction of the claims commission shall be sent to the board of claims.”). Accordingly, we affirm in part, reverse in part, and remand with instructions to transfer the case to the Board of Claims.

Court of Appeals

Mani Associates Et Al. v. Appalachian Underwriters Inc. Et Al.
E2023-00382-COA-T10B-CV
Authoring Judge: Judge Kenny Armstrong
Trial Court Judge: Judge David Reed Duggan

This accelerated interlocutory appeal is taken from the trial court’s order denying
appellants’ motion for recusal. After considering the trial court’s ruling under the
Tennessee Supreme Court Rule 10B de novo standard of review, we affirm the judgment
of the trial court denying recusal.

Court of Appeals

State of Tennessee v. Clinton W. Bryant
M2022-00260-CCA-R3-CD
Authoring Judge: Judge Jill Bartee Ayers
Trial Court Judge: Judge Dee David Gay

Defendant, Clinton W. Bryant, was charged with five counts of rape of a child. Following the State’s proof at trial, the trial court granted Defendant’s motion for judgment of acquittal on one of the five counts, and a jury convicted Defendant of the remaining four counts. The trial court sentenced Defendant to an effective fifty-year sentence in the Tennessee Department of Correction. On appeal, Defendant contends that the trial court abused its discretion in denying his motion to sever all five counts; that the trial court erred in denying a new trial based on an incomplete trial transcript; and that the cumulation of these errors warrant relief. Following a review of the entire record, the briefs of the parties, and the applicable law, we affirm the judgments of the trial court.

Sumner Court of Criminal Appeals

Keith Ward v. State of Tennessee
W2022-00746-CCA-R3-PC
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Paula Skahan

A Shelby County jury convicted the Petitioner, Keith Ward, of rape of a child, and the trial
court sentenced him to 32.5 years in prison, to be served at 100%. The Petitioner appealed,
and this court affirmed the conviction. The Petitioner then filed a petition for postconviction
relief in which he alleged that his trial counsel was ineffective for failing to
meet with him, review discovery with him, and develop an effective strategy before trial.
After a hearing, the post-conviction court dismissed the petition. On appeal, the Petitioner
maintains his arguments. After our review, we affirm the post-conviction court’s
judgment.

Shelby Court of Criminal Appeals

State of Tennessee v. Willie Taylor
W2022-00465-CCA-R3-CD
Authoring Judge: Judge Kyle A. Hixson
Trial Court Judge: Judge Chris Craft

The Defendant, Willie Taylor, was convicted of rape, assault, and promoting prostitution.
The Defendant appeals, contending that the trial court erred by not suppressing his
statement to the police and that the evidence was insufficient to support his convictions for
rape and assault. We affirm the trial court’s judgments.

Shelby Court of Criminal Appeals

495 Kings Stable, LLC v. Kimberly Pate
W2021-00742-COA-R3-CV
Authoring Judge: Chief Judge D. Michael Swiney
Trial Court Judge: Judge Jerry Stokes

This appeal concerns a dispute between a landlord and a tenant. 495 Kings Stable, LLC
(“Plaintiff”), through its owner, filed a forcible entry and detainer warrant against Kimberly
Pate (“Defendant”) in the General Sessions Court for Shelby County. Plaintiff prevailed,
and Defendant appealed to the Circuit Court for Shelby County (“the Trial Court”). After
a trial, the Trial Court ruled in Plaintiff’s favor, awarding it damages and attorney’s fees.
Defendant appeals arguing, among other things, that she was constructively evicted
because of conditions such as a raccoon in the house. Plaintiff raises separate issues. We
affirm the Trial Court’s determinations that Defendant was not constructively evicted and
that she breached the lease by failing to pay rent as required. Defendant did not afford
Plaintiff a reasonable opportunity to cure the alleged problems. However, we find that the
Trial Court erred in declining to award Plaintiff damages for the remaining months of the
lease. We vacate the Trial Court’s award of damages and remand for the Trial Court to
award Plaintiff additional damages for the remaining months of the lease. In addition,
although Plaintiff is entitled to an award of attorney’s fees under the lease, the Trial Court
erred by failing to apply the factors used for determining the reasonableness of attorney’s
fees found at Tenn. Sup. Ct. R. 8, RPC 1.5. We vacate the Trial Court’s award of attorney’s
fees to Plaintiff and remand for the Trial Court to award Plaintiff reasonable attorney’s
fees—including reasonable post-trial and appellate attorney’s fees—applying the Tenn.
Sup. Ct. R. 8, RPC 1.5 factors.

Shelby Court of Appeals

State of Tennessee v. Claude James Feagins
E2022-00311-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge James F. Goodwin, Jr.

The Defendant, Claude James Feagins, appeals the trial court’s denial of his request for an
alternative sentence. The Defendant pleaded guilty to burglary, misdemeanor theft, felony
theft (Class D), and reckless endangerment. A six-year effective sentence resulted, with
the manner of serviced to be determined by the trial court at a sentencing hearing. After a
sentencing hearing, the trial court imposed an effective sentence of six years of
incarceration. On appeal, the Defendant asserts that the trial court abused its discretion
when it ordered him to serve his sentences in confinement. After review, we affirm the
trial court’s judgments.

Court of Criminal Appeals

In Re Jordan P.
E2022-00499-COA-R3-PT
Authoring Judge: Judge J. Steven Stafford
Trial Court Judge: Judge J. Michael Sharp

Father appeals the trial court’s termination of his parental rights. After reviewing the
record, we conclude that there was clear and convincing evidence provided at trial to
support the ground of abandonment by failure to visit, but not the ground of substantial
noncompliance with a permanency plan. We also conclude that the trial court failed to
make appropriate findings of fact and conclusions of law with regard to the ground of
failure to manifest a willingness and ability to assume custody or financial responsibility
of the child. Thus, we (1) affirm the trial court’s finding that the ground of abandonment
by failure to visit was established, (2) reverse the trial court’s finding that the ground of
substantial noncompliance was established, and (3) vacate the trial court’s finding that the
ground of failure to manifest was established. We also affirm the trial court’s finding that
terminating Father’s parental rights was in the best interest of the child.

Court of Appeals

State of Tennessee v. Jerry Lynn Huskey
E2022-00713-CCA-R3-CD
Authoring Judge: Judge Jill Bartee Ayers
Trial Court Judge: Judge Rex H. Ogle

Defendant, Jerry Lynn Huskey, appeals the trial court’s order revoking his sentence of
probation for aggravated domestic assault, theft under $1,000, evading arrest, and resisting
arrest, and ordering him to serve his original six-year sentence in confinement. Following
our review of the entire record and the briefs of the parties, we affirm the judgment of the
trial court.

Sevier Court of Criminal Appeals

State of Tennessee v. Leslie Lamont Coleman
M2022-00278-CCA-R3-CD
Authoring Judge: Judge J. Ross Dyer
Trial Court Judge: Judge Forest A. Durard, Jr.

The defendant, Leslie Lamont Coleman, was convicted of aggravated robbery, a Class B felony, and sentenced to twenty years in the Department of Correction, to be served consecutively to his sentence in a prior felony murder case. On appeal, the defendant argues: (1) the evidence is insufficient to sustain his conviction because the only proof connecting him to the crime was the uncorroborated testimony of his alleged accomplice; (2) the trial court committed plain error by ruling the State could question the defendant about his prior felony murder conviction under Tennessee Rules of Evidence 608 and 609 if he chose to testify; and (3) the trial court erred in sentencing by imposing the maximum Range II sentence of twenty years. After review, we affirm the judgment of the trial court.

Bedford Court of Criminal Appeals

Waterfront Investments, GP Et Al. v. Lisa Ann Collins Et Al.
E2022-00370-COA_R3-CV
Authoring Judge: Judge Kristi M. Davis
Trial Court Judge: Chancellor Elizabeth C. Asbury

This appeal stems from a disputed strip of land along the edge of Norris Lake in Campbell County, Tennessee. The defendants in this case are lot owners of residential lakefront property in a planned development. The plaintiffs are the neighborhood home owner’s association and the company operating the marina in the development. The plaintiffs claim, based upon a note in the original plat map of the development, that a “one-foot buffer” zone along the defendants’ lots was reserved to the original developer. According to the plaintiffs, the marina company thus controls the shoreline in the area at issue and is at liberty, with permission from the Tennessee Valley Authority, to expand the existing marina. The defendants, on the other hand, dispute the existence of the buffer and claim that their lot boundaries extend right up to the shoreline. The plaintiffs filed a declaratory judgment action, and, following a bench trial, the trial court concluded that the plat note at issue did not reserve any interest in the disputed strip to the original developer. Plaintiffs appeal. Discerning no error, we affirm the trial court.

Court of Appeals

Robert L. Whitworth, et al. v. City of Memphis, et al.
W2021-01304-COA-R3-CV
Authoring Judge: Presiding Judge J. Steven Stafford
Trial Court Judge: Chancellor Jim Kyle

Appellant city residents sued the City of Memphis for breach of contract, breach of implied
contract, unjust enrichment, and promissory estoppel related to inadequate garbage
collection services provided by the City. Residents also sought a constructive trust and a
declaratory judgment. The trial court dismissed the breach of contract action upon its
conclusion that the provision of garbage collection services was a government function that
did not create an enforceable contract between the city and its residents. The trial court
dismissed the residents’ other contractual claims on the basis that they were barred by
sovereign immunity. Finally, the trial court dismissed the claims for constructive trust and
declaratory judgment upon its conclusion that they did not state a claim for relief under the
circumstances. We affirm.

Shelby Court of Appeals

Gilbert Lopez Et Al. v. Deidra L. Sharp
M2022-00679-COA-R3-CV
Authoring Judge: Judge Kristi M. Davis
Trial Court Judge: Judge Michael E. Spitzer

This appeal invoves a claim for adverse possession. Gilbert Lopez and his wife Wendy Lopez claimed ownership of a 1.25 acre parcel of land (“Lot 39”) adjacent to their property under the theory of common law adverse possession. Deidra Sharp, owner of a tract also adjacent to Lot 39, presented evidence of her unencumbered title to Lot 39. Ms. Sharp established that she and her predecessors in title had paid taxes on Lot 39 and argued that the Lopezes did not prove their possession was uninterrupted, continuous, exclusive, or adverse for the requisite twenty year period. After a bench trial, the trial court found that the Lopezes did not “indicate ownership of [Lot 39] nor did [they] do anything that would rise to the level of more than a trespass.” The trial court resolved the conflicting testimony by making explicit credibility determinations in favor of Ms. Sharp and her witnesses. The trial court also held that Tenn. Code Ann. § 28-2-110(a), which generally bars a claim to real estate when the claimant has failed to pay taxes on the claimed property, applies to bar the adverse possession claim. We affirm the judgment of the trial court.

Lewis Court of Appeals

Curtis Morris v. State of Tennessee
W2022-00208-CCA-R3-PC
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge Chris Craft

Petitioner, Curtis Morris, appeals the denial of post-conviction relief from his Shelby County convictions for first degree murder during the perpetration of aggravated child abuse, first degree murder during the perpetration of aggravated child neglect, aggravated child abuse of a child eight years of age or less, and aggravated child neglect of a child eight years of age or less, for which he received a sentence of life imprisonment. Petitioner contends that he was denied the effective assistance of counsel based upon counsel’s: (1) failure to call an expert witness to rebut the State’s experts and bolster Petitioner’s testimony that the victim’s death was accidental; (2) making “material misstatements” regarding the evidence in counsel’s opening statement; (3) failure to adequately prepare to cross-examine one of the State’s experts and failure to request a McDaniel hearing to challenge the expert’s testimony; (4) failure to file any pretrial motions; (5) failure to object, during the prosecutor’s cross-examination of Petitioner, to the prosecutor’s repeated use of the word “stomping” to characterize Petitioner’s direct examination testimony; (6) failure to request proper jury instructions regarding the mens rea required for a conviction for aggravated child abuse; and (7) failure to present evidence of child custody proceedings in which Petitioner sought and won custody of his children. Petitioner also contends that he is entitled to post-conviction relief based on cumulative error. Following a thorough review, we affirm the judgment of the post-conviction court.

Shelby Court of Criminal Appeals

Jose Lemanuel Hall, Jr. v. State of Tennessee
M2021-01555-CCA-R3-PC
Authoring Judge: Judge Tom Greenholtz
Trial Court Judge: Judge Angelita Blackshear Dalton

Following his conviction for first degree murder, the Petitioner, Jose Lemanuel Hall, filed a petition for post-conviction relief alleging that he was denied the effective assistance of counsel. The post-conviction court denied the petition after an evidentiary hearing. On appeal, the Petitioner argues that trial counsel failed to meet with him adequately and failed to object to the State’s opening statement. He also argues that the requirement to show actual prejudice in post-conviction proceedings is overly burdensome and conflicts with constitutional protections. We respectfully affirm the judgment of the post-conviction court.

Davidson Court of Criminal Appeals

The Wise Group, INC. Et Al. v. Dwight Holland Et Al.
M2020-01646-COA-R3-CV
Authoring Judge: Judge W. Neal McBrayer
Trial Court Judge: Chancellor Ellen Hobbs Lyle

Plaintiffs filed suit against the purchaser of real property, alleging that the purchase was a fraudulent conveyance. On a motion for summary judgment, the trial court determined on the undisputed facts that the purchase was in good faith and without notice of Plaintiffs’ claims and for reasonably equivalent value. We conclude that the undisputed facts show that the purchaser was entitled to judgment as a matter of law. We also discern no abuse of discretion in a separate decision by the court to set aside the dismissal of the purchaser’s counterclaim against Plaintiffs. So we affirm.

Davidson Court of Appeals

Shirley V. Quinn v. Shelby County Schools
W2022-00104-COA-R3-CV
Authoring Judge: Judge Andy D. Bennett
Trial Court Judge: Judge Felicia Corbin Johnson

This is an employment discrimination case. The plaintiff, a female secretary at a high
school, sued the county school board for discrimination alleging that she was terminated
because of her sex in violation of the Tennessee Human Rights Act. Following a bench
trial, the trial court held in favor of the plaintiff and awarded damages. The school board
appeals, asserting that the plaintiff failed to make out a prima facie case of discrimination.
We have determined that the plaintiff failed to identify a “similarly situated” employee and
therefore failed to make out a prima facie case of sex discrimination. We reverse the
judgment of the trial court.

Shelby Court of Appeals

State of Tennessee v. Tibila Aida Tekle
E2022-00686-CCA-R3-CD
Authoring Judge: Judge John W. Campbell, Sr.
Trial Court Judge: Judge Sandra Donaghy

Tabila Aida Tekle was charged in the Monroe County Criminal Court with two counts of
harassment and one count of retaliation for past action for statements she made on
Facebook about employees of the Department of Children’s Services (“DCS”). The
Defendant filed motions to dismiss the indictment, asserting that her statements were
protected by the right to free speech, and the trial court dismissed the charges. The State
appeals the trial court’s dismissal of the harassment charges, arguing that the court made a
pretrial factual determination about an element of the offense, which was a determination
for the jury. Based upon the oral arguments, the record, and the parties’ briefs, we reverse
the judgments of the trial court, reinstate the charges for harassment, and remand the case
to the trial court for further proceedings consistent with this opinion.

Monroe Court of Criminal Appeals

In Re Maddox H.
M2022-00942-COA-R3-PT
Authoring Judge: Presiding Judge Frank G. Clement, Jr.
Trial Court Judge: Judge David R. Howard

This appeal concerns the termination of a mother’s parental rights to one of her children. The trial court found that Tennessee Department of Children’s Services (“DCS”) established four grounds for terminating the mother’s parental rights and that termination of her rights was in the best interest of the child. The mother appeals. We affirm the termination of the mother’s parental rights.

Sumner Court of Appeals

Joe Riley Prichard v. Rhonda Kay Prichard
W2022-00728-COA-R3-CV
Authoring Judge: Judge Carma Dennis McGee
Trial Court Judge: Chancellor Tony Childress

This appeal arises from a divorce case. The husband filed a petition for divorce, and the
wife filed a counter-petition. The trial court entered a final decree of divorce dividing the
marital estate and granting the divorce in the wife’s favor on the grounds of adultery and
inappropriate marital conduct. The husband appeals. We affirm as modified.

Dyer Court of Appeals

State of Tennessee v. Vincent John Elliott, Jr.
M2022-00789-CCA-R3-CD
Authoring Judge: Judge Tom Greenholtz
Trial Court Judge: Judge Vanessa Jackson

The Defendant, Vincent John Elliott, Jr., pled guilty to second degree murder and reserved a certified question of law concerning whether his right to a speedy trial was violated. Also on appeal, the Defendant argues that the trial court abused its discretion by sentencing him to eighteen years instead of the minimum sentence of fifteen years. Upon review, we conclude that we lack jurisdiction to review the Defendant’s certified question and respectfully dismiss that portion of the appeal. We further conclude that the trial court acted within its discretion in sentencing the Defendant. Accordingly, we respectfully affirm the Defendant’s conviction and sentence in all respects.

Coffee Court of Criminal Appeals