In Re Khalil J.
This appeal involves a petition to terminate parental rights. The juvenile court found by clear and convincing evidence that three grounds for termination as to both mother and father were proven: (1) persistent conditions; (2) mental incompetence; and (3) failure to manifest an ability and willingness to assume custody or financial responsibility. The juvenile court also found that termination was in the best interests of the child. Both the mother and the father appeal. We reverse the juvenile court’s finding of persistent conditions as to the mother and the father, but otherwise affirm the termination of parental rights. |
Davidson | Court of Appeals | |
Jonathan Schelfe v. State of Tennessee
In 2013, the Petitioner, Jonathan Schelfe, pleaded guilty to ten counts of rape of a child, eight counts of aggravated sexual battery, four counts of rape, two counts of solicitation of a minor, and one count of sexual exploitation of a minor. The trial court imposed an effective sentence of forty years of incarceration. The Petitioner filed a motion to correct an illegal sentence with regard to four of his convictions, which the trial court denied. This court affirmed the denial. State v. Jonathan Schelfe, No. M2018-01604-CCA-R3-CD, 2019 WL 4071981, at *1 (Tenn. Crim. App., at Nashville, Aug. 29, 2019), no perm. app. filed. Thereafter, the Petitioner filed a petition for writ of habeas corpus, alleging a violation of his constitutional rights, and the habeas court entered an order summarily dismissing the petition. We affirm the habeas court’s judgment. |
Wayne | Court of Criminal Appeals | |
Christopher C. Solomon v. State of Tennessee
The Petitioner, Christopher C. Solomon, pleaded guilty to aggravated vehicular homicide, aggravated vehicular assault, and leaving the scene of an accident resulting in death, and he received an effective thirty-three-year sentence. The Petitioner filed a petition for post-conviction relief, contending that he received ineffective assistance of counsel when trial counsel failed to seek the trial judge’s recusal at sentencing. Following a hearing, the post-conviction court denied the petition, and the Petitioner appeals. After review, we affirm the judgment of the post-conviction court. |
Sumner | Court of Criminal Appeals | |
Debra Jean Griffith-Ball v. Stanley Lauren Ball
A husband and wife divorced after a long marriage. They disputed whether certain assets were marital or separate property and whether the wife was entitled to alimony. The trial court found that the disputed assets were the husband’s separate property. And it awarded the wife alimony in futuro, as well as attorney’s fees as alimony in solido. Upon our review, we find the evidence preponderates against the finding that the assets are separate property. So, with those assets included in the marital estate, we remand for a new property division. And, because the division of marital property is a factor in awarding alimony, we vacate the alimony awards. On remand, the court should consider whether alimony is still appropriate under its new property division and, if so, the type, amount, and duration of the award. |
Montgomery | Court of Appeals | |
State of Tennessee v. Frank Barnett Palmer
Defendant, Frank Barnett Palmer, entered a guilty plea as a Range II multiple offender, pursuant to Hicks v. State, 945 S.W.2d 706 (Tenn. 1997), to one count of unlawful possession of a firearm by a convicted felon and one count of evading arrest in a motor vehicle, both Class E felonies. As a part of the plea agreement, the State agreed to a sentence of two to four years on each count, to be determined by the trial court, with a forty-five percent release eligibility. Following a hearing, the trial court sentenced Defendant to four years with a forty-five percent release eligibility on each count, with six months to serve in count one and the remainder of the sentences suspended to supervised probation, and ran the sentences consecutively. On appeal, Defendant argues that his sentences are excessive and that the trial court erred in imposing split confinement. After a thorough review, we affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
Ronald Wayne Gilbert v. State of Tennessee
Following a bench trial, Ronald Wayne Gilbert (“Petitioner”) was convicted of especially aggravated kidnapping and aggravated assault, for which he received an effective sentence of thirteen and one-half years’ incarceration. This court affirmed Petitioner’s convictions on direct appeal. State v. Ronald Wayne Gilbert, No. E2017-00396-CCA-R3-CD, 2018 WL 2411835, at *1 (Tenn. Crim. App. May 29, 2018), perm. app. denied (Tenn. Sept. 13, 2018). Petitioner filed a pro se post-conviction petition and an amended petition following the appointment of counsel. Following a hearing, the post-conviction court denied relief. On appeal, Petitioner argues that he was denied the effective assistance of counsel based on counsel’s failure to argue that the evidence was insufficient to sustain his conviction for especially aggravated kidnapping based on State v. White, 362 S.W.3d 559 (Tenn. 2012). Petitioner further argues that his conviction for especially aggravated kidnapping constitutes plain error. After a thorough review of the record and applicable case law, the judgment of the post-conviction court is affirmed. |
Sevier | Court of Criminal Appeals | |
Larry Brown et al. v. Tennessee Department of Safety and Homeland and Security
This case arises from the seizure of property owned by Appellants and the ensuing forfeiture action brought against them by Appellee Tennessee Department of Safety and Homeland Security. After Appellee voluntarily dismissed the forfeiture action, the Administrative Law Judge awarded Appellants a portion of their requested attorney’s fees under Tennessee Code Annotated section 4-5-325(a). The Chancery Court of Davidson County reversed the award of fees on its finding that Appellee did not issue a “citation” as required for recovery of attorney’s fees under section 4-5-325(a). The trial court also held that Appellants were not entitled to recover attorney’s fees under 42 U.S.C. § 1988. Discerning no error, we affirm. |
Davidson | Court of Appeals | |
Tennessee Farmers Mutual Insurance Company v. David Payne, et al.
This appeal concerns a dispute over insurance coverage. Amy Higgs (“Higgs”) individually and on behalf of her deceased son, Cayson Emmit Turnmire (“Cayson”), sued David Payne (“Payne”) for the negligent maintenance of his property in relation to Cayson’s death by drowning in Payne’s swimming pool. Tennessee Farmers Mutual Insurance Company (“Tennessee Farmers”), Payne’s homeowners’ insurance carrier, filed a complaint for declaratory judgment in the Circuit Court for Shelby County (“the Trial Court”) against Payne and Higgs. Tennessee Farmers argued that, due to an exclusion in Payne’s homeowners’ insurance policy against claims “arising from or in connection with the swimming pool,” it is not obligated to defend or indemnify Payne. Tennessee Farmers and Higgs filed cross motions for summary judgment. The Trial Court granted Tennessee Farmers’ motion and denied Higgs’ motion. Higgs appeals. Citing the concurrent cause doctrine, Higgs argues that Tennessee Farmers must defend and indemnify Payne as, apart from the pool, certain non-excluded causes contributed to Cayson’s death—namely, Payne’s failure to fence or gate his property. We hold, inter alia, that each of Higgs’ alleged non-excluded concurrent causes are bound up inextricably with Cayson’s tragic drowning in Payne’s pool, an excluded cause under Payne’s insurance policy. We affirm. |
Shelby | Court of Appeals | |
State of Tennessee v. James Theodore Menard, Alias
The Defendant, James Theodore Menard, alias, was convicted by a jury of rape of a child, exhibition of pictures depicting sexual conduct harmful to a minor, and two distinct counts of aggravated sexual battery, for which he received an effective forty-two-year sentence. On appeal, the Defendant argues that (1) the trial court committed plain error by allowing references to the victim’s forensic interview, as well as permitting remarks that the victim made allegations against the Defendant while at school; (2) the trial court committed reversible error by letting the State make improper comments during closing argument; and (3) the cumulative effect of these errors deprived him of a fair trial. Following our review, we affirm. However, we must remand for a clerical error in the judgment form for Count 3. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. James Stanley Radzvilowicz
The Defendant, James Stanley Radzvilowicz, pled guilty in the Moore County Circuit Court to aggravated assault and was sentenced by the trial court to four years, six months, with eight months in confinement before release on supervised probation. On appeal, the Defendant argues that the trial court erred by denying his request for either judicial diversion or, in the alternative, full probation. After review, we affirm the judgment of the trial court. |
Moore | Court of Criminal Appeals | |
Darrell Wren v. State of Tennessee
The Petitioner, Darrell Wren, appeals the summary dismissal of his petition for postconviction relief as time-barred. He asserts on appeal that his petition was timely filed or alternatively that due process considerations warranted the tolling of the one-year statute of limitations mandated by Tennessee Code Annotated section 40-30-102(a). He further asserts that post-conviction counsel’s violation of Tennessee Supreme Court Rule 28 section 6(C) requires remand. Following our review, we affirm the dismissal of the petition. |
Shelby | Court of Criminal Appeals | |
Darrell Wren v. State of Tennessee - Dissent
I respectfully disagree that the interests of justice are best served by granting a waiver of Petitioner’s untimely notice of appeal in this case. The notice of appeal, although only tardy by seven days, was nonetheless untimely. Petitioner has not sought waiver and offers no reason for such a break. Even after having an opportunity to reply to the State’s argument that this Court should dismiss the Petitioner’s untimely appeal, the Petitioner did not. There is simply no basis upon which this Court may find that the “interests of justice” merit a waiver of the untimely filed notice of appeal. See State v. Rockwell, 280 S.W.3d 212, 214 (Tenn. Crim. App. 2007) (“If this [C]ourt were to summarily grant a waiver whenever confronted with untimely notices, the thirty-day requirement of Tennessee Rule of Appellate Procedure 4(a) would be rendered a legal fiction.”). Accordingly, I would find that the appeal should be dismissed. |
Shelby | Court of Criminal Appeals | |
In Re Arianna B. et al.
In this termination of parental rights case, Appellant Father appeals the trial court’s termination of his parental rights to the two minor children on the ground of abandonment by failure to support, Tenn. Code Ann. §§ 36-1-113(g)(1), 36-1-102(1)(A)(iv). Appellant also appeals the trial court’s finding that termination of his parental rights is in the children’s best interest. Discerning no error, we affirm. |
Putnam | Court of Appeals | |
Vatisha Evans-Barken v. Madison County, Tennessee
Appellee, a Sergeant with the Madison County Sheriff’s Department, sought judicial review of the Civil Service Board’s affirmance of the Sheriff Department’s decision to terminate her employment. On its finding that the Board failed to consider all relevant evidence presented, the trial court exercised its discretion to remand the case to the Board for rehearing. Tenn. Code Ann. § 4-5-322(h). Appellant, Madison County, Tennessee, filed the instant appeal. We conclude that the trial court’s remand order is not a final, appealable order under Tennessee Rule of Appellate Procedure 3(a). As such, this Court does not have subject matter jurisdiction over the appeal. Appeal dismissed. |
Madison | Court of Appeals | |
In Re Analesia Q.
The Tennessee Department of Children’s Services (“DCS”) filed a petition to terminate the parental rights of Cindy B. (“Mother”) and Francisco Q. (“Father”) to their minor daughter, Analesia Q. (the “Child”). Following a bench trial, both parents’ rights were terminated pursuant to several statutory grounds, and Father appeals. He challenges the statutory grounds for termination, the trial court’s finding that termination of his rights was in the Child’s best interests, and the trial court’s decision to admit hearsay testimony regarding potential abuse of the Child pursuant to Tenn. R. Evid. 803(25). We reverse the trial court’s decision to terminate Father’s parental rights for abandonment by failure to visit and severe abuse, and vacate the trial court’s decision to terminate Father’s parental rights for failure to manifest an ability and willingness to assume custody or financial responsibility of the Child. We affirm the termination of Father’s parental rights as to the remaining grounds, as well as the holding that termination of Father’s parental rights is in the Child’s best interests. The ultimate decision of the trial court is therefore affirmed. |
Cocke | Court of Appeals | |
State of Tennessee v. Zachery Brandon
The Defendant, Zackery Brandon, was convicted by a Davidson County Criminal Court jury of attempted aggravated robbery, especially aggravated robbery, and aggravated robbery and was sentenced by the trial court as a Range I, standard offender to an effective term of twenty-five years in the Tennessee Department of Correction. On appeal, the Defendant argues that the evidence was insufficient to sustain his convictions and that the trial court erred in admitting the unsworn recorded statement of one of his |
Davidson | Court of Appeals | |
David Frazier v. State of Tennessee
The petitioner, David Frazier, appeals the summary dismissal of his petition for writ of habeas corpus, which petition challenged his Shelby County Criminal Court guilty-pleaded conviction of rape of a child, arguing that the trial court’s order denying habeas corpus relief does not contain sufficient factual and legal findings to facilitate appellate review. Discerning no error, we affirm. |
Shelby | Court of Criminal Appeals | |
Leah Ward v. State of Tennessee
The petitioner, Leah Ward, appeals the dismissal of her petition for writ of error coram nobis, which petition challenged her 2005 Shelby County Criminal Court Jury conviction of first degree murder, arguing that the coram nobis court should have held a hearing on her petition. Discerning no error, we affirm. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. $133,429 In U.S. Currency Seized From Joni Assefa Kilenton, et al.
In this seizure and forfeiture action, we do not reach the substantive issues because the order granting the forfeiture does not comply with the requirements of Tennessee Rule of Civil Procedure 58 for entry of judgments. Nonetheless, we exercise our discretion under Tennessee Rule of Appellate Procedure 2 to take jurisdiction of the appeal for the limited purpose of instructing the trial court to enter an order on remand that not only complies with Rule 58, but also makes sufficient findings to enable this Court to make a meaningful review as required under Tennessee Rule of Civil Procedure 52.01. Vacated and remanded. |
Fayette | Court of Appeals | |
Anthony Washington v. Tony Parker as Commissioner of the Tennessee Department of Corrections
An inmate filed a petition for declaratory judgment against the Commissioner of the Tennessee Department of Corrections (“TDOC”). The action was filed in Wayne County Chancery Court instead of Davidson County Chancery Court as required by Tenn. Code Ann. § 4-5-225(a). The trial court found that venue in Wayne County Chancery Court was not proper and that it was not in the interest of justice to transfer venue to Davidson County because Defendant neither had paid any portion of the filing fee, pursuant to Tenn. Code Ann. § 41-21-807,nor had he named the agency, TDOC, as a party to the action as required by Tenn. Code Ann. § 4-5-225(a). The trial court, therefore, dismissed the inmate’s petition. We find that the inmate had not failed to comply with the partial filing fee payment because the trial court had not assessed the initial filing fee to be paid. However, the trial court was correct that the inmate had failed to include TDOC as a party to the action as required by Tenn. Code Ann. § 4-5-225(a). Upon consideration of the appellee’s argument concerning the timeliness of the inmate’s notice of appeal, we hold that we have subject matter jurisdiction over this appeal. Although we disagree with the trial court’s conclusion regarding the inmate’s compliance with Tenn. Code Ann. § 41-21-807, we affirm the trial court’s judgment dismissing the inmate’s action because the inmate failed to name TDOC as a party to the action. |
Wayne | Court of Appeals | |
State of Tennessee v. Tadarius L. Clift
The Defendant, Tadarius L. Clift, appeals his convictions for first degree premeditated murder and three counts of reckless endangerment, for which he received an effective sentence of life imprisonment plus four years. On appeal, the Defendant challenges the sufficiency of the evidence supporting the convictions and the trial court’s decision to limit defense counsel’s cross-examination of a witness for the State. Upon reviewing the record, the parties’ briefs, and the applicable law, we affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
Christina Ann Standley v. Carl Anthony Standley
In this post-divorce action, Mother appeals the trial court’s award of Father’s attorney’s fees on his petition to modify child custody. Because the trial court did not abuse its discretion in awarding Father attorney’s fees, we affirm. |
Williamson | Court of Appeals | |
State of Tennessee v. James R. Ciaramitaro
A Fayette County jury convicted the Defendant, James R. Ciaramitaro, of one count of rape of a child and two counts of aggravated sexual battery, and the trial court sentenced him to a total effective sentence of forty-four years. On appeal, the Defendant contends that the trial court erred when it admitted the victim’s forensic interview. The Defendant also contends that the evidence is insufficient to support his convictions and that the trial court erred when it sentenced him. After review, we affirm the trial court’s judgments. |
Fayette | Court of Criminal Appeals | |
State of Tennessee v. Eric Tyre Patton
The Appellant, Eric Tyre Patton, was convicted in the Rutherford County Circuit Court of conspiracy to sell 150 grams or more of heroin and 300 grams or more of cocaine with at least one overt act occurring within a drug-free school zone (DFSZ) and possession of 300 grams or more of cocaine with intent to sell or deliver within a DFSZ. On appeal, the Appellant contends that the evidence is insufficient to support the convictions; that the trial court erred by denying his motion to suppress evidence obtained from GPS tracking devices and wiretaps; that the trial court erred by not requiring the State to identify four confidential informants (CIs); that the trial court erred by admitting testimony about a prior bad act and by denying his motion for a mistrial; that the trial court improperly instructed the jury on witness credibility; that the State improperly withheld exculpatory information in violation of Brady v. Maryland, 373 U.S. 83 (1963); and that he is entitled to relief under cumulative error. Based upon the oral arguments, the record, and the parties’ briefs, we find no reversible error and affirm the judgments of the trial court. |
Rutherford | Court of Criminal Appeals | |
Emmanuel Deshawn Bowley v. State of Tennessee
The Petitioner, Emmanuel Deshawn Bowley, appeals from the Montgomery County Circuit Court’s denial of his petition for |
Montgomery | Court of Criminal Appeals |