State of Tennessee v. Marcus Fitts
M2024-00984-CCA-R3-CD
Authoring Judge: Judge John W. Campbell, Sr.
Trial Court Judge: Judge Dee David Gay

The pro se Defendant, Marcus Fitts, attempts to appeal the Sumner County Criminal Court’s summary dismissal of his motion to remove the sexual offender registry requirement from his judgment of conviction for attempted aggravated sexual battery. Because the Defendant has no grounds to appeal the summary dismissal of his motion, we dismiss the appeal.

Sumner Court of Criminal Appeals

State of Tennessee v. Sonny Edmund Hudson, Jr.
W2024-01079-CCA-R3-CD
Authoring Judge: Judge J. Ross Dyer
Trial Court Judge: Judge Joseph T. Howell

A Madison County jury convicted the defendant, Sonny Edmund Hudson, Jr., of two counts of attempted first-degree murder and one count of especially aggravated robbery, for which he received an effective sentence of twenty-three years in confinement at 100%. On appeal, the defendant contends the evidence presented at trial was insufficient to support his conviction for the attempted first-degree murder of James Theus. After reviewing the record and considering the applicable law, we affirm the judgments of the trial

Madison Court of Criminal Appeals

Dale Muhlenberg v. Neva Muhlenberg
M2025-00307-COA-R3-CV
Authoring Judge: PER CURIAM
Trial Court Judge: Judge Joe Thompson

This is an appeal from an order entered on January 2, 2025. The appellant filed her notice of appeal on February 24, 2025, together with a motion requesting an extension of time within which to file the appeal. Because the thirty-day time limit for filing a notice of appeal is jurisdictional and cannot be waived, we deny the motion for extension and dismiss the appeal.  

Sumner Court of Appeals

State of Tennessee v. Royce Scott Earley
E2023-01534-CCA-R3-CD
Authoring Judge: Judge Camille R. McMullen
Trial Court Judge: Judge Ryan Spitzer

The Defendant, Royce Scott Earley, confessed to multiple acts of rape against his eightyear-
old daughter, and a jury subsequently convicted him of two counts of rape of a child
(counts one and three), two counts of incest (counts two and four), and one count of
aggravated sexual battery (count five), for which he received an effective sentence of 104
years in confinement. On appeal, the Defendant raises three issues for our review: (1)
whether the trial court erred in denying his motion to suppress his confession because it
was not voluntary; (2) whether the State introduced sufficient evidence to corroborate his
confession for counts three through five under the modified trustworthiness standard
outlined in State v. Bishop, 431 S.W.3d 22 (Tenn. 2014); and (3) whether the trial court
imposed an excessive sentence.1 After review, we affirm.

Anderson Court of Criminal Appeals

State of Tennessee v. William Rimmel, III
M2022-00794-SC-R11-CD
Authoring Judge: Justice Sarah K. Campbell
Trial Court Judge: Judge J. Curtis Smith

This appeal arises from a road-rage incident in Marion County involving the defendant, William Rimmel, III, and the victim, Bobbie Burke. While riding his motorcycle, Rimmel aggressively pursued Burke on the interstate and eventually broke the passenger window of Burke’s car by pounding on it with the slide of a loaded handgun. Rimmel never fired the handgun or pointed it in Burke’s direction, however, and Burke was unaware that the object used to break the window was a gun. A jury convicted Rimmel of attempted aggravated assault and felony reckless endangerment with a handgun. Rimmel challenges the sufficiency of the evidence for both convictions. Because we conclude that Rimmel intended to place Burke in reasonable fear of serious bodily injury by using his handgun and took a substantial step toward doing so, we affirm his conviction for attempted aggravated assault. But because the evidence does not establish that Rimmel’s handgun-related conduct placed Burke in imminent danger of serious bodily injury or death, we reverse his conviction for felony reckless endangerment. 

Marion Supreme Court

Jolene Renee Scholl v. Michael Ray Scholl
M2025-00314-COA-R3-CV
Authoring Judge: PER CURIAM
Trial Court Judge: Chancellor Ben Dean

This is an appeal from a final judgment entered on December 10, 2024. The appellant filed his notice of appeal with the appellate court clerk on March 3, 2025, together with a Motion to Accept Late Filing. Because the thirty-day time limit for filing a notice of appeal with the appellate court clerk is jurisdictional and cannot be waived, we deny the Motion to Accept Late Filing and dismiss the appeal.

Montgomery Court of Appeals

State of Tennessee v. Herbert Eugene Ewing
E2023-01705-CCA-WR-CO
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge Steven Wayne Sword

Herbert Eugene Ewing, Movant, filed a motion pursuant to Tennessee Code Annotated
section 39-17-432(h) (2022), seeking resentencing of his guilty-pleaded conviction for
possession of 0.5 grams or more of cocaine with intent to sell or deliver within one
thousand feet of a park, for which he was sentenced as a Range III persistent offender to
serve the entire minimum twenty-year sentence for a Class B felony. Following a hearing,
the trial court found that it could not resentence Movant to a lower release eligibility
because release eligibility does not affect the length of the sentence and denied the motion.
We grant certiorari to vacate the trial court’s order denying the motion for resentencing
and remand for further proceedings consistent with this opinion.

Knox Court of Criminal Appeals

City of Memphis v. Malcom Gary
W2023-01486-COA-R3-CV
Authoring Judge: Judge Carma Dennis McGee
Trial Court Judge: Chancellor JoeDae L. Jenkins

This appeal arises from the denial of line of duty disability benefits to the appellee by a pension board. The denial went before an administrative law judge who reversed the decision of the pension board and determined the appellee was entitled to benefits. The appellant filed a petition for judicial review in the chancery court, which affirmed the ruling of the administrative law judge. This appeal followed. Because the record does not contain evidence showing that the board entered a final determination, we are without subject matter jurisdiction. Accordingly, this appeal is dismissed.

Shelby Court of Appeals

Tatum M. Campbell v. T.C. Restaurant Group, LLC et al.
M2024-00362-COA-R3-CV
Authoring Judge: Judge Jeffrey Usman
Trial Court Judge: Judge Clifton David Briley

The Plaintiff sued a musician and the establishment where he performed for negligence after the Plaintiff climbed on stage and sustained a concussion as a result of a fall from the stage while being escorted therefrom. The jury found that the Defendants were not at fault. On appeal, the Plaintiff claims reversible error because of defense counsel’s statement during opening argument that Plaintiff hoped to be a “lottery lawsuit winner” and error in admitting evidence of medical leave benefits Plaintiff obtained from her work. We affirm.

Davidson Court of Appeals

State of Tennessee v. Clarence M. Porter
E2023-00864-CCA-R3-CD
Authoring Judge: Judge Jill Bartee Ayers
Trial Court Judge: Judge Jeffery H. Wicks

Defendant, Clarence M. Porter, was convicted by a Loudon County jury of two counts of felony murder, one count of theft of property under $1,000, and one count of especially aggravated robbery. He was also charged with possession of a handgun by a convicted felon, but following a bifurcated trial, that charge was dismissed by the trial court. The trial court imposed an effective life sentence for the felony murder, theft, and especially aggravated robbery convictions. Defendant argues that the trial court erred in admitting a hearsay statement by a co-defendant because the State failed to prove that Defendant was involved in a conspiracy with co-defendants; that the evidence was insufficient to support his convictions because there was no independent proof to corroborate accomplice testimony and the State failed to prove that he was criminally responsible for the actions of his co-defendants or that he independently possessed any criminal intent to commit the charged offenses; that the trial court erred in allowing the State’s lead investigator to reference the Chattanooga Police Department’s “street gangs unit;” and that the State committed prosecutorial misconduct during closing argument. Following our review of the entire record and the oral arguments and briefs of the parties, we determine that the trial court erred in admitting hearsay evidence. Further, following State v. Thomas, 687 S.W.3d 223, (Tenn. 2024), because the accomplice testimony was not sufficiently corroborated, we find that the evidence is insufficient to sustain Defendant’s convictions. Accordingly, we reverse the judgments of the trial court and dismiss the charges against Defendant.

Loudon Court of Criminal Appeals

Rhonda Lawson v. Judge Randy Kennedy Et Al.
E2024-00207-COA-R3-CV
Authoring Judge: Judge Andy D. Bennett
Trial Court Judge: Judge John S. McLellan, III

A mother sought the recusal of the juvenile court judge overseeing a custody case involving her minor child. After the judge denied two recusal motions, the mother filed a petition for a writ of mandamus in the circuit court. The circuit court determined that it lacked authority to issue the writ of mandamus and dismissed the petition. The mother appealed. We affirm.

Sullivan Court of Appeals

Dallas K. Hurley, Jr. v. Ryan B. Pickens Et Al.
E2023-01610-COA-R3-CV
Authoring Judge: Judge Andy D. Bennett
Trial Court Judge: Judge Deborah C. Stevens

In this healthcare liability action, the trial court excluded the plaintiff’s proffered expert witness after concluding that the witness failed to satisfy the competency requirements in Tenn. Code Ann. § 29-26-115(b). Discerning no abuse of discretion, we affirm the trial court’s decision.

Knox Court of Appeals

Antwain Tapaige Sales v. State of Tennessee
W2024-01109-CCA-R3-HC
Authoring Judge: Judge Matthew J. Wilson
Trial Court Judge: Judge A. Blake Neill

Petitioner, Antwain Tapaige Sales, appeals from the Hardeman County Circuit Court’s order summarily dismissing his third state petition for writ of habeas corpus. On appeal, Petitioner asserts that his sentence is void and that he is entitled to habeas corpus relief. After review, we affirm the judgment of the habeas corpus court.

Hardeman Court of Criminal Appeals

State of Tennessee v. Mustafa Malik Slater and Tramell Rasha Sparkman
M2024-01280-CCA-R9-CO
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Michael E. Spitzer

In this interlocutory appeal, at issue is the appropriate jury instruction to be given in a murder case for a crime committed in 2015 but tried in 2024. In the time between the murder and trial, the Tennessee Supreme Court released an opinion, State v. Thomas, 687 S.W.3d 223 (Tenn. 2024), which abrogated the old common-law accomplice-corroboration rule. The State requested the new jury instruction pursuant to Thomas, and the trial court ruled that fairness concerns required the old common-law instruction. The State sought and obtained an interlocutory appeal. On appeal, it asserts that the trial court erred and that the jury should be instructed pursuant to Thomas. After review, we conclude that the Thomas court intended that the new law apply to trials commencing after March 7, 2024. Because the trial for this matter has not yet commenced, the jury in this case shall be instructed in accordance with Thomas and its conclusion regarding the jury instruction about accomplice testimony. Accordingly, the order of the trial court is reversed, and this case is remanded for further proceedings consistent with this opinion.

Hickman Court of Criminal Appeals

State of Tennessee v. Jeffery Lynn Lane, Jr.
W2023-01708-CCA-R3-CD
Authoring Judge: Judge John W. Campbell, Sr.
Trial Court Judge: Judge Donald H. Allen

The Defendant, Jeffery Lynn Lane, Jr., was convicted in the Madison County Circuit Court of possession of a firearm after having been convicted of a felony crime of violence, driving without a license, and driving without proof of insurance and received an effective twelve-year sentence to be served at eighty-five percent release eligibility. On appeal, he claims that the evidence is insufficient to show he possessed the firearm, that the trial court erred by denying his motion to suppress evidence, and that the trial court committed plain error by allowing the State to introduce evidence of uncharged offenses. Based upon the oral arguments, the record, and the parties’ brief, we affirm the judgments of the trial court.

Madison Court of Criminal Appeals

State of Tennessee v. Dale Steven White
E2024-00277-CCA-R3-CD
Authoring Judge: Special Judge D. Kelly Thomas, Jr.
Trial Court Judge: Judge Hector I. Sanchez

The Defendant, Dale Steven White, was charged with twelve offenses resulting from his fleeing from the police on three separate occasions on June 13, December 11, and December 13, 2021. The Defendant entered a "blind" plea to each charge on November 16, 2023, and following a sentencing hearing, the trial court imposed an effective sentence of twenty-two years' incarceration. On appeal, the Defendant argues that his sentence is excessive, that the trial court erred in imposing partially consecutive sentences, and that his judgment forms contain clerical errors. Following our review, we remand for entry of corrected judgments consistent with the trial court's pronouncement of the Defendant's sentence at the sentencing hearing. We otherwise affirm the judgments of the trial court.

Court of Criminal Appeals

George W. Cosey v. State of Tennessee
M2024-00561-CCA-R3-PC
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge Angelita Blackshear Dalton

Petitioner, George W. Cosey, pleaded nolo contendere to Class E felony theft and received an agreed one-year sentence. Petitioner subsequently filed a petition for post-conviction relief, which the Davidson County Criminal Court denied after a hearing. On appeal, Petitioner argues that he received the ineffective assistance of counsel because counsel did not inform him that, between the time of the offense and Petitioner’s plea, the theft grading statute had been amended. After a thorough review of the record, we affirm.

Davidson Court of Criminal Appeals

Southern Roofing & Renovations, LLC v. Aron Austin, et al.
W2024-00937-COA-R3-CV
Authoring Judge: Presiding Judge J. Steven Stafford
Trial Court Judge: Judge Rhynette N. Hurd

In this case that began as a breach of contract action, the defendant property owner attempts to appeal from two cases that were not consolidated in the trial court but resulted in the entry of a single order in favor of the plaintiff roofing company. Because the order appealed from did not adjudicate all of the claims of all of the parties, we dismiss this appeal for lack of subject matter jurisdiction.

Shelby Court of Appeals

Kenneth Kelly et al. v. Thomas A. Stewart
M2024-00746-COA-R3-CV
Authoring Judge: Presiding Judge J. Steven Stafford
Trial Court Judge: Chancellor Ben Dean

Defendant appeals the trial court’s denial of his motion to quash Plaintiffs’ post-judgment subpoena for financial records he alleges are statutorily exempt from the subpoena process. We determine that the trial court’s order does not constitute a final appealable judgment and that no good cause exists to waive the finality requirement. As a result, this Court lacks subject matter jurisdiction to consider this appeal, and we grant Plaintiffs’ motion to dismiss this appeal.

Montgomery Court of Appeals

State of Tennessee v. Vincent Olajuan Morrison
E2023-01546-CCA-R3-CD
Authoring Judge: Judge Kyle A. Hixson
Trial Court Judge: Judge G. Scott Green

The Defendant, Vincent Olajuan Morrison, appeals his convictions for aggravated
burglary, employment of a firearm during the commission of a dangerous felony, and
especially aggravated robbery, for which he received an effective sentence of thirty years’
incarceration. On appeal, he argues that (1) the evidence adduced at trial was insufficient
to support his convictions; (2) the trial court erred by admitting certain statements through
the victim’s testimony, which violated the rule against hearsay and the Confrontation
Clause; (3) the State’s cross-examination of a defense witness improperly shifted the
burden of proof to the Defendant; (4) the trial court violated the “spirit” of Batson v.
Kentucky, 476 U.S. 79 (1986), by permitting the Defendant to be tried by an all-white jury;
and (5) his sentence is excessive. After review, we affirm the judgments of the trial court.

Knox Court of Criminal Appeals

State of Tennessee v. Eric Wayne Herndon
W2024-00657-CCA-R3-CD
Authoring Judge: Judge Matthew J. Wilson
Trial Court Judge: Judge Clayburn Peeples

A Gibson County jury convicted Defendant, Eric Wayne Herndon, of violation of an order of protection and aggravated stalking. Defendant received an effective sentence of two years’ confinement. On appeal, Defendant contends that the evidence was insufficient to support his convictions for violation of an order of protection and aggravated stalking. After review, we conclude that the evidence was insufficient to sustain Defendant’s conviction for violation of an order of protection, and we reverse that judgment and dismiss that conviction accordingly. We also conclude the evidence was insufficient to sustain Defendant’s conviction for aggravated stalking, but we determine that the proof was sufficient to support the lesser-included offense of stalking, which was charged to the jury. Accordingly, we reverse Defendant’s conviction for aggravated stalking, and we remand the case to the trial court for entry of an amended judgment reflecting a conviction for stalking and for resentencing on this modified conviction.

Gibson Court of Criminal Appeals

Trevania Dudley Henderson v. Robert Dwayne Johnson et al.
M2024-00270-COA-R3-CV
Authoring Judge: Judge Jeffrey Usman
Trial Court Judge: Chancellor I'Ashea L. Myles

This appeal involves a property dispute between the decedent’s husband and the decedent’s only daughter, who is a child born of a prior marriage. The chancery court concluded that the husband had no interest in the property under the decedent’s will, as the property had instead passed directly to the daughter, not the decedent, under the terms of the grandmother’s will. Additionally, the chancery court concluded that any claim by the husband was also barred by an earlier settlement agreement reached by the parties. Under the terms of that settlement agreement, the chancery court also awarded attorney’s fees and costs to the daughter. The husband appeals. We affirm

Davidson Court of Appeals

Christopher Bassett v. State of Tennessee
E2024-00158-CCA-R3-PC
Authoring Judge: Judge Robert H. Montgomery, Jr.
Trial Court Judge: Judge Steven Wayne Sword

The Petitioner, Christopher Bassett, appeals from the Knox County Criminal Court’s
denial of his petition for post-conviction relief from his convictions for one count of first
degree murder; five counts of attempted first degree murder; three counts of attempted
second degree murder; two counts of unlawful possession of a firearm; eight counts of
employing a firearm during the commission of a dangerous felony; and eight counts of
employing a firearm during the commission of a dangerous felony having been convicted
of a drug offense, and his effective sentence of life plus thirty-five years. The Petitioner
alleges that the post-conviction court erred by denying relief on his ineffective assistance
of counsel claims. We affirm the judgment of the post-conviction court.

Knox Court of Criminal Appeals

State of Tennessee v. Alonzo Fishback
M2024-00643-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge James A. Turner

A Rutherford County jury convicted the Defendant, Alonzo Fishback, of especially aggravated kidnapping, aggravated assault, and possession of a weapon during the commission of a felony, for which he was sentenced to a total effective sentence of seventy-five years. The Defendant appealed his convictions, and this court affirmed, and he then unsuccessfully sought post-conviction relief. The Defendant filed a motion pursuant to Tennessee Rule of Criminal Procedure 36.1, arguing that his sentence was illegal because the proven facts of his case did not meet the necessary requirements to be convicted of especially aggravated kidnapping. The trial court denied this motion, stating that the Defendant’s claim was not colorable under Rule 36.1. The Defendant maintains his argument on appeal. After review, we affirm the judgment of the trial court.

Rutherford Court of Criminal Appeals

Michael C. Murphy v. Melissa Ann Blalock
E2024-00050-COA-R3-CV
Authoring Judge: Judge John W. McClarty
Trial Court Judge: Chancellor Douglas T. Jenkins

This appeal concerns the trial court’s dismissal of a will contest for failure to prosecute.
We affirm the decision of the trial court.

Hamblen Court of Appeals