Christine Christopher v. Walmart Associates, Inc.
E2023-01078-COA-R3-CV
Authoring Judge: Judge Kristi M. Davis
Trial Court Judge: Judge Kyle E. Hedrick

A plaintiff sued a grocery store for premises liability, and the case was tried by a jury in June of 2023. The jury
found the defendant store liable but awarded the plaintiff no damages. The plaintiff then appealed to this Court.
However, because the plaintiff has failed to substantially comply with the Tennessee Rules of Appellate Procedure
regarding briefing, any issues purportedly raised by the plaintiff are waived, and the appeal is dismissed.

Hamilton Court of Appeals

Bill Charles v. Donna McQueen
M2021-00878-SC-R11-CV
Authoring Judge: Justice Sarah K. Campbell
Trial Court Judge: Judge Michael Binkley

Ordinarily, a plaintiff asserting a defamation claim must prove that the defendant made a false statement and did so negligently. If the plaintiff is a public figure, however, he must prove that the statement was made with actual malice. This is a steep hill to climb, so determining whether the plaintiff is a public figure is a crucial inquiry in any defamation case. This case is no exception. The plaintiff here, Bill Charles, assisted with the development of the Durham Farms community in Hendersonville, Tennessee, and is president of its homeowners’ association. Charles brought defamation and false light claims against Donna McQueen, a Durham Farms resident who posted a Google review that was critical of him. McQueen sought dismissal of Charles’s claims under the Tennessee Public Participation Act, arguing that Charles could not establish a prima facie case for his claims because he could not prove actual malice. The trial court agreed with McQueen and dismissed the claims. The Court of Appeals reversed in part. It agreed with McQueen that Charles had to prove actual malice to prevail on his false light claim and had failed to do so. But it held that Charles is not a public figure and therefore need not prove actual malice for his defamation claim. We disagree with the Court of Appeals on that score. We hold that Charles is a limited-purpose public figure given the voluntary and prominent role he played in a controversy concerning changes to the Durham Farms development plan. We further hold that Charles failed to establish a prima facie case of actual malice. Finally, we reject Charles’s argument that McQueen waived her request for appellate attorney’s fees by failing to list it as an issue in her Court of Appeals brief. We reverse the Court of Appeals in part and affirm in part, and we remand for further proceedings.

Williamson Supreme Court

State of Tennessee v. Dan E. Durell
E2023-01229-CCA-R3-CD
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge Steven Wayne Sword

Petitioner, Dan E. Durell, filed a “Motion for Correction of Sentencing Documents” (“the
Motion”), claiming that the judgments in Case Nos. 29089 and 29090 did not conform to
the trial court’s pronounced sentence, and as a result, his sentences were illegal. The trial
court treated the Motion as a motion to correct an illegal sentence pursuant to Tennessee
Rule of Criminal Procedure 36.1. The court determined that the Motion failed to raise a
colorable claim and summarily dismissed the Motion. Discerning no error, we affirm.

Knox Court of Criminal Appeals

State of Tennessee v. Bobby Gene Carney
M2023-01305-CCA-R3-CD
Authoring Judge: Judge John W. Campbell, Sr.
Trial Court Judge: Judge Steve R. Dozier

The Defendant, Bobby Gene Carney, appeals the trial court’s partial revocation of his probation, arguing that the trial court abused its discretion in revoking his probation and ordering him to complete inpatient drug treatment based on a single instance of what were only technical violations. Based on our review, we affirm the judgment of the trial court.

Davidson Court of Criminal Appeals

Rimon Abdou v. Wesley Ben Clark Et Al.
M2023-01461-COA-R3-CV
Authoring Judge: Judge Kenny Armstrong
Trial Court Judge: Judge Thomas W. Brothers

In this legal-malpractice case, the trial court granted Appellees’/Attorneys’ Tennessee Rule of Civil Procedure 12.02(6) motion to dismiss for failure to state a claim. Appellant/Client appeals. Discerning no error, we affirm and remand.

Davidson Court of Appeals

State of Tennessee v. Scott Allen Briggs
E2022-01463-CCA-R3-CD
Authoring Judge: Judge Robert H. Montgomery
Trial Court Judge: Judge David R. Duggan

The Defendant, Scott Allen Briggs, was convicted by a Blount County Circuit Court jury of rape of a child, a Class
A felony, for which he is serving a thirty-five-year sentence as a Range II offender. See T.C.A. §§ 39-13-522 (2018)
(subsequently amended) (rape of a child, Range II or higher sentencing requirement). On appeal, the Defendant
contends that: (1) the trial court erred in denying his motions to dismiss due to the State’s failure to preserve
evidence, (2) the court erred by instructing the jury on flight, (3) the court abused its discretion in three of its
evidentiary rulings, and (4) the court erred in sentencing. We affirm the judgment of the trial court.

Blount Court of Criminal Appeals

F. W. White & Associates, LLC Et Al. v. John R. Chilton Et Al.
E2023-00414-COA-R3-COA-CV
Authoring Judge: Judge D. Michael Swiney
Trial Court Judge: Senior Judge Don R. Ash

This appeal arises from a business relationship that deteriorated. F.W. White & Associates, LLC (“FWA”), through Fenton W. White, Jr. (“White”) (“Appellees,” collectively), sued John R. Chilton (“Chilton”), Centennial
Village Apartments, LLC, and Centennial Village Development, LLC (“Appellants,” collectively) in the Chancery
Court for Anderson County (“the Trial Court”) for breach of contract and quantum meruit. Appellants, in turn,
sued Appellees for slander of title based on Appellees’ having recorded a document asserting an interest in the
real property at issue. Appellants also sued FWA’s attorney Gregory Pratt (“Pratt”), who recorded the document. The Trial Court granted summary judgment to Pratt based on the litigation privilege. Following a
bench trial, the Trial Court awarded FWA judgment against Appellants in the amount of $125,000.00 for money
owed under a May 2008 consulting agreement (“the 2008 Agreement”). Regarding Appellants’ slander of title
claim, the Trial Court found that White believed he was owed money and did not act maliciously. Appellants
raise several issues on appeal. Meanwhile, Appellees contend that the Trial Court erred in declining to award
FWA its attorney’s fees and costs under the 2008 Agreement. We affirm the Trial Court. On remand, the Trial
Court is to determine and award to FWA its reasonable attorney’s fees and costs incurred on appeal related to
the enforcement of the 2008 Agreement.

Court of Appeals

State of Tennessee v. Jevon Brodie and Tavares Harbison
M2023-00135-CCA-R3-CD
Authoring Judge: Judge J. Ross Dyer
Trial Court Judge: Judge Robert T. Bateman

A Montgomery County jury convicted the defendants, Jevon Brodie and Tavares Harbison, each of one count of aggravated robbery, one count of theft of property greater than $10,000, but less than $60,000, and one count of theft of property under $500. Brodie was additionally convicted of two counts of reckless homicide and received an effective sentence of sixteen years in confinement. Harbison was also convicted of two counts of criminally negligent homicide and received an effective sentence of fourteen years in confinement. On appeal, the defendants contend that (1) the juvenile court erred in transferring their cases to circuit court without making individualized findings; (2) the evidence was insufficient to sustain a conviction for theft greater than $10,000; and (3) the trial court erred in sentencing the defendants. Additionally, Brodie insists that the trial court erred in instructing the jury on causation and that the prosecutor’s statements during summation were improper. Upon review of the record, the parties’ briefs, oral arguments, and considering the applicable law, we affirm the decisions of the juvenile and trial courts. However, we remand for the limited consideration by the trial court as to the application of the Wilkerson factors in determining the propriety of consecutive sentencing for Tavares Harbison.

Montgomery Court of Criminal Appeals

Brett Thomas Ferguson v. Lucy Maria Traughber
M2023-01052-COA-R3-JV
Authoring Judge: Judge Kenny Armstrong
Trial Court Judge: Judge Joel Perry

The trial court granted Appellee/Father’s petition to change his son’s surname from Appellant/Mother’s surname to Father’s. Mother appeals. Because Father did not carry his burden of proof to demonstrate that changing the child’s name is in the child’s best interest, we reverse and remand.

Robertson Court of Appeals

State of Tennessee v. Jeffrey L. Brousseau
E2023-01432-CCA-R3-CD
Authoring Judge: Judge Kyle A. Hixson
Trial Court Judge: Judge James F. Goodwin, Jr.

The Defendant, Jeffrey L. Brousseau, appeals from his guilty-pleaded convictions for
possession with the intent to deliver or sell one-half gram or more of methamphetamine;
possession with the intent to deliver or sell marijuana; theft of property valued at $1,000
or less; driving while in possession of five grams of methamphetamine; and driving on a
suspended license. Pursuant to the terms of the plea agreement, the Defendant received an
effective ten-year sentence, and the trial court was to determine the manner of service. The
trial court subsequently denied the Defendant’s request for alternative sentencing, a
decision the Defendant now appeals. Following our review, we affirm the judgments of
the trial court.

Sullivan Court of Criminal Appeals

State of Tennessee v. Joey Godwin
W2023-01483-CCA-R3-CD
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge Clayburn Peeples

Defendant, Joey Godwin, filed a motion pursuant to Tennessee Rule of Criminal Procedure 36.1, challenging his two convictions for the sale of .5 grams or more of cocaine and resulting 60-year sentence. The trial court summarily denied the motion. Defendant appeals. Because Defendant failed to state a colorable claim, we affirm the judgment of the trial court. 

Gibson Court of Criminal Appeals

In Re Estate of William Rucker
M2023-01120-COA-R3-CV
Authoring Judge: Judge Jeffrey Usman
Trial Court Judge: Judge Amanda J. McClendon

Following the Decedent’s death, no original will could be found. One of his daughters filed a petition to administer a copy of a lost will, which the trial court granted. We reverse, concluding the evidence does not overcome the strong presumption in favor of revocation of the lost will.

Davidson Court of Appeals

Tina M. Vasudeva v. Kathie Barker
M2023-01121-COA-R3-CV
Authoring Judge: Judge Kenny Armstrong
Trial Court Judge: Judge Larry B. Stanley, Jr.

The trial court granted Appellee’s motion for extension of an order of protection against
Appellant. Appellant argues that her due process rights were violated insofar as she was
denied the opportunity to confront witnesses and offer testimony. Based on the statement
of the evidence, we agree. Vacated and remanded.

Warren Court of Appeals

State of Tennessee v. Gary Lynn Hart
W2023-01103-CCA-R3-CD
Authoring Judge: Judge John W. Campbell, Sr.
Trial Court Judge: Judge Donald H. Allen

The Defendant, Gary Lynn Hart, was convicted in the Chester County Circuit Court of two counts of possession of a firearm after having been convicted of a violent felony, a Class B felony; one count of theft of property valued more than one thousand dollars, a Class E felony; and one count of resisting arrest, a Class B misdemeanor, and received an effective sentence of thirty-one years in confinement. On appeal, the Defendant claims that the evidence is insufficient to support his convictions. Based upon the oral arguments, the record, and the parties’ briefs, we affirm the judgments of the trial court. 

Chester Court of Criminal Appeals

State of Tennessee v. Joshua Lee Enoch
W2023-01032-CCA-R3-CD
Authoring Judge: Judge Tom Greenholtz
Trial Court Judge: Judge Bruce Irwin Griffey

A Henry County jury convicted the Defendant, Joshua Lee Enoch, of two counts of rape and one count of aggravated statutory rape, and the Defendant received an effective sentence of twelve years in the Tennessee Department of Correction. On appeal, the Defendant raises the following issues: (1) whether the evidence was legally sufficient to sustain his convictions; (2) whether the trial court committed plain error in denying two motions for a competency evaluation; (3) whether the trial court committed plain error in denying his motion for a continuance; and (4) whether he is entitled to relief on the basis of cumulative error. Upon our review, we respectfully affirm the judgments of the trial court.

Henry Court of Criminal Appeals

State of Tennessee v. Bobby V. Summers
M2023-01589-CCA-R3-CD
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge Angelita Blackshear Dalton

Bobby V. Summers, Defendant, appeals from the trial court’s summary dismissal of his pro se Tennessee Rules of Criminal Procedure Rule 36.1 motion in which he sought to have his plea-bargained conviction for facilitation of first degree murder dismissed. Defendant’s motion did not seek correction of his sentence, and the trial court found that the motion failed to state a colorable claim. Discerning no error, we affirm the judgment of the trial court.

Davidson Court of Criminal Appeals

Kenneth D. Cook v. State of Tennessee
W2023-01408-CCA-R3-PC
Authoring Judge: Presiding Judge Camille R. McMullen
Trial Court Judge: Judge Clayburn Peeples

The Petitioner, Kenneth D. Cook, appeals from the denial of his petition seeking post-conviction relief from his guilty plea convictions of solicitation of first-degree murder, robbery, and aggravated assault with serious bodily injury. Upon our review, we affirm. 

Gibson Court of Criminal Appeals

State of Tennessee v. Ambreia Tavaris Washington
W2023-00691-CCA-R3-CD
Authoring Judge: Judge Jill Bartee Ayers
Trial Court Judge: Judge Joseph T. Howell

Defendant, Ambreia Tavaris Washington, was convicted in a bifurcated trial by a Madison County jury of attempted first degree murder where the victim suffered serious bodily injury (count one), unlawful employment of a firearm during the attempt to commit a dangerous felony (count two), three counts of unlawful possession of a firearm after having been convicted of a felony crime of violence (counts three, four, and five), unlawful possession of a firearm after having been convicted of a felony drug offense (count six), and two counts of unlawfully employing a firearm during the commission of or attempt to commit a dangerous felony after having been previously convicted of a dangerous felony (counts seven and eight). Following a sentencing hearing, the trial court imposed an effective sixty-three-year sentence. On appeal, Defendant argues that because there was insufficient evidence of serious bodily injury, his conviction in count one should be reduced to attempted first degree murder without the serious bodily injury sentencing enhancement, and that the trial court erred in imposing discretionary consecutive sentencing. Following review of the entire record, oral arguments, briefs of the parties, and the applicable law, we affirm the judgments of the trial court.

Madison Court of Criminal Appeals

Kathleen Nell Snapp v. Timothy Alva Snapp
E2023-00251-COA-R3-CV
Authoring Judge: Judge John McClarty
Trial Court Judge: Chancellor Katherine Leigh Priester

In this divorce appeal, the husband challenges the trial court’s classification of real estate as marital property and
its ruling regarding dissipation of the marital estate. Following a thorough review of the record, we affirm the
judgment of the trial court.

Sullivan Court of Appeals

Curtis Keller v. State of Tennessee
W2023-01188-CCA-R3-ECN
Authoring Judge: Presiding Judge Camille R. McMullen
Trial Court Judge: Judge Carlyn L. Addison

Pro se petitioner, Curtis Keller, appeals the summary dismissal of his second petition seeking error coram nobis relief.1 Upon our review, we affirm.

Shelby Court of Criminal Appeals

State of Tennessee v. Servadio M. Boyd
M2023-00259-CCA-R3-CD
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge Cheryl A. Blackburn

Defendant, Servadio M. Boyd, was convicted on a plea of guilty of possession of .5 grams or more of cocaine with intent to sell before the Davidson County Criminal Court in 2014. As part of his plea agreement with the State, Defendant agreed to an eight-year sentence with the manner of service to be decided by the trial court at a sentencing hearing. Prior to his sentencing hearing, however, Defendant left the jurisdiction. He was then arrested and convicted of dealing in cocaine and conspiracy to commit dealing in cocaine in the Vanderburgh Circuit Court of Indiana, for which he received a sentence of thirteen years’ incarceration. Based upon his failure to appear at his sentencing hearing in Davidson County, the trial court issued an arrest warrant and lodged a detainer against Defendant. In 2019, Defendant filed, in the Davidson County Criminal Court, a motion to dismiss the detainer, arguing that the charges against him should be dismissed with prejudice based on an alleged violation of the Interstate Agreement on Detainers. Following a hearing and briefing by the parties, the trial court granted Defendant’s motion and dismissed the case against Defendant. The State appealed. Following a thorough review, we reverse the judgment of the trial court and remand for further proceedings.

Davidson Court of Criminal Appeals

Rebecca Byrd v. Clarksville-Montgomery County School System
M2023-01210-COA-R3-CV
Authoring Judge: Judge W. Neal McBrayer
Trial Court Judge: Chancellor Ben Dean

A tenured teacher sought judicial review of her reprimand and one-day suspension. The chancery court modified the discipline imposed by the director of schools. Because we conclude that the teacher did not timely petition for judicial review, we vacate the judgment with instructions to dismiss for lack of subject matter jurisdiction.

Montgomery Court of Appeals

State of Tennessee v. Gerald Myers
W2023-00771-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Mark L. Hayes

A Dyer County jury found the Defendant, Gerald Myers, guilty of attempted second degree murder and employing a firearm during the commission of a dangerous felony. On appeal, the Defendant asserts that there is insufficient evidence to support his convictions because he acted in self-defense. After review, we affirm the trial court’s judgments.

Dyer Court of Criminal Appeals

James R. Tarwater v. Hardik Patel Et Al.
E2024-00043-COA-R3-CV
Authoring Judge: Per Curiam
Trial Court Judge: Chancellor James H. Ripley

Because the order from which the appellant has filed an appeal does not constitute a final appealable judgment,
this Court lacks jurisdiction to consider this appeal.

Sevier Court of Appeals

Daniel Ward v. State of Tennessee
E2023-01024-CCA-R3-PC
Authoring Judge: Judge Matthew J. Wilson
Trial Court Judge: Judge Zachary R. Walden

Petitioner, Daniel Ward, was convicted of ten counts of aggravated sexual battery. The trial court sentenced Petitioner to fifty-four years of incarceration, and this court affirmed his convictions on direct appeal. Petitioner then filed a petition for post-conviction relief, claiming ineffective assistance of counsel and cumulative error. The post-conviction court denied the petition after a hearing, and Petitioner now timely appeals. After review, we affirm the judgment of the post-conviction court.

Campbell Court of Criminal Appeals