State of Tennessee v. Christopher Orlando Lyles
W2017-00292-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Donald H. Allen

The Defendant, Christopher Orlando Lyles, was convicted by a Madison County Circuit Court jury of first degree felony murder; second degree murder, a Class A felony; two counts of especially aggravated kidnapping, Class A felonies; three counts of attempted aggravated robbery, Class C felonies; and aggravated burglary, a Class C felony, and was sentenced to an effective term of life imprisonment. On appeal, the Defendant argues that the trial court erred in granting the State two continuances and that the evidence is insufficient to sustain his convictions. After review, we affirm the judgments of the trial court.

Madison Court of Criminal Appeals

State of Tennessee v. Cameo Antoinette Edwards
W2015-01398-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Clayburn Peeples

Following a bench trial, the Defendant, Cameo Antoinette Edwards, was convicted in the Haywood County Circuit Court of assault and contributing to the delinquency of a minor, both Class A misdemeanors. The trial court subsequently sentenced her to concurrent terms of eleven months, twenty-nine days for each conviction, suspended to supervised probation following service of thirty days in the county jail. On appeal, the Defendant argues that the evidence is insufficient to sustain her convictions and that the trial court erred by not granting her full probation. Following our review, we affirm the judgments of the trial court.

Haywood Court of Criminal Appeals

State of Tennessee v. Richard Lebron Madden, Sr.
E2017-01281-CCA-R3-CD
Authoring Judge: Judge D. Kelly Thomas, Jr.
Trial Court Judge: Judge Thomas W. Graham

The Defendant, Richmond Lebron Madden, Sr., was convicted by a jury of one count of possession of 0.5 grams or more of methamphetamine with intent to sell or deliver. On appeal, the Defendant contends that (1) the evidence presented at trial was insufficient to support his conviction; (2) the trial court erred in allowing a witness to testify about the Defendant’s relationship with his co-defendant and his living arrangements; (3) the trial court erred in denying his motion to suppress, which challenged the legality of the stop resulting in the Defendant’s arrest; and (4) the trial court abused its discretion by denying the Defendant an alternative sentence and sentencing him to nine years and six months of incarceration. Following our review, the judgment of the trial court is affirmed and remanded for entry of a corrected judgment.

Rhea Court of Criminal Appeals

State of Tennessee v. Timothy Wayne Tidwell
M2017-00642-CCA-R3-CD
Authoring Judge: Presiding Judge Thomas T. Woodall
Trial Court Judge: Judge Franklin L. Russell

Defendant, Timothy Wayne Tidwell, was indicted by the Bedford County Grand Jury for one count of arson. Defendant was convicted as charged by a jury and sentenced by the trial court as a Range III offender to 15 years in the Tennessee Department of Correction. In this appeal as of right, Defendant contends that the evidence at trial was insufficient to support his conviction and that his sentence was excessive. Finding no error, we affirm the judgment of the trial court.

Bedford Court of Criminal Appeals

State of Tennessee v. Ernesto Delgadilo Rodriquez
E2017-00369-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Bobby R. McGee

A Knox County jury convicted the Defendant, Ernesto Delgadilo Rodriguez, of resisting arrest and assault. The trial court sentenced the Defendant to six months for the resisting arrest conviction and to eleven months and twenty-nine days for the assault conviction. On appeal, the Defendant challenges (1) a jury instruction of the definition of “arrest”; (2) the sufficiency of the evidence; and (3) the admissibility of evidence regarding alcohol and drug use. After a thorough review of the record and applicable law, we affirm the judgments of the trial court.

Knox Court of Criminal Appeals

In Re Avery B.
W2016-02542-COA-R3-JV
Authoring Judge: Presiding Judge Frank G. Clement, Jr.
Trial Court Judge: Judge William A. Peeler

This appeal arises from a modification of a permanent parenting plan established in 2010 in which Mother was designated as the primary residential parent. In December of 2012, Father filed a petition to modify the parenting plan alleging that Mother’s mental health impeded her ability to properly care for their child. He also alleged that Mother alienated the child from Father due to numerous false allegations that Father abused the child, which resulted in temporary but substantial decreases in his parenting time. Although no evidence was produced indicating that Father abused the child, Mother continued to accuse Father of abuse and to take the child for repeated evaluations and physical exams. Following a three-day trial, the trial court designated Father as the primary residential parent, established a temporary parenting plan, and ordered Mother to attend counseling until the court was satisfied with her mental health so that it could issue a permanent parenting plan. Mother appealed that order; however, we dismissed the appeal for lack of subject matter jurisdiction because the order appealed from was not a final judgment. On remand, following an assessment of Mother’s compliance with the court-ordered intensive therapy, the trial court entered a final judgment that included a permanent parenting plan from which Mother appeals. Mother contends the trial court erred in holding, inter alia, that there was a substantial and material change in circumstances requiring a modification of the parties’ permanent parenting plan. She also contends the court erred in holding that it was in the child’s best interest to change the primary residential parent to Father due, in part, to the fact the court failed to consider factors added to Tenn. Code Ann. § 36-6-106 pursuant to the 2014 amendment that became law on July 1, 2014. Finding no error, we affirm.

Tipton Court of Appeals

Ovalla Jobe v. Goodwill Industries Of Middle Tennessee, Inc., Et Al.
M2017-02299-COA-R3-CV
Authoring Judge: Judge Brandon O. Gibson
Trial Court Judge: Judge Kelvin D. Jones

This appeal involves a premises liability suit filed by a customer of a Goodwill store after the customer sat on an item of furniture that was for sale and it collapsed. The trial court granted summary judgment to Goodwill, finding no genuine issue of material fact and concluding that Goodwill did not create or have actual or constructive knowledge of any alleged defect. The plaintiff appeals. We affirm.     

Davidson Court of Appeals

Lorna Gibson v. Charles Bikas
E2018-00911-COA-T10B-CV
Authoring Judge: Judge Brandon O. Gibson
Trial Court Judge: Judge Pamela A. Fleenor

Appellant sought disqualification of the trial court judge pursuant to Tennessee Supreme Court Rule 10B. Finding no error, we affirm.

Hamilton Court of Appeals

State of Tennessee v. Miko T. Burl
W2017-01911-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Glenn Ivy Wright

The Appellant, Miko T. Burl, is appealing the trial court’s denial of his motion to correct an illegal sentence. The State has filed a motion asking this Court to affirm pursuant to Court of Criminal Appeals Rule 20. Said motion is hereby granted.

Shelby Court of Criminal Appeals

State of Tennessee v. Mario Perkins
W2017-01941-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Chris Craft

The Appellant, Mario Perkins, is appealing the trial court’s denial of his motion to withdraw his guilty plea and to correct an illegal sentence. The State has filed a motion asking this Court to affirm pursuant to Court of Criminal Appeals Rule 20. Said motion is hereby granted.

Shelby Court of Criminal Appeals

State of Tennessee v. Thomas A. Ryan
M2017-01599-CCA-R3-CD
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge Dee David Gay

After entering guilty pleas to four counts of aggravated statutory rape, Defendant, Thomas A. Ryan, was sentenced to four years for each conviction. After a lengthy sentencing hearing, the trial court ordered the sentences to be served consecutively, for a total effective sentence of sixteen years and denied all forms of alternative sentencing. Defendant appeals his sentence to this Court. Because we determine that the trial court did not abuse its discretion in sentencing Defendant to an effective sentence of sixteen years, we affirm the judgments of the trial court.

Sumner Court of Criminal Appeals

James Odell Osborne v. State of Tennessee
M2016-02053-CCA-R3-PC
Authoring Judge: Judge Robert H. Montgomery, Jr.
Trial Court Judge: Judge Forest A. Durard, Jr.

The Petitioner, James Odell Osborne, appeals the Marshall County Circuit Court’s denial of his petition for post-conviction relief from his 2015 convictions for three counts of failure to appear, misdemeanor theft, and felony theft and his effective nine-year sentence. The Petitioner contends that he received the ineffective assistance of counsel. We affirm the judgment of the post-conviction court.

Marshall Court of Criminal Appeals

Leopold Mpawinayo v. State of Tennessee
M2017-01660-CCA-R3-PC
Authoring Judge: Judge Robert H. Montgomery, Jr.
Trial Court Judge: Judge Mark Fishburn

The Petitioner, Leopold Mpawinayo, appeals the Davidson County Criminal Court’s denial of his petition for post-conviction relief from his 2015 convictions for two counts of violating the habitual motor vehicle offender (HMVO) law and his effective six-year sentence. The Petitioner contends that the court erred by denying relief because he received the ineffective assistance of counsel. We affirm the judgment of the post-conviction court.

Davidson Court of Criminal Appeals

State of Tennessee v. Nelson Troglin
E2017-00701-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge Thomas W. Graham

Defendant, Nelson Troglin, appeals the Bledsoe County Circuit Court’s summary dismissal of his pro se motion to correct an illegal sentence for his 2000 conviction for second degree murder, for which he received a sentence of 23 years. Defendant contends the trial court erred by summarily dismissing his motion. We affirm the judgment of the trial court.

Bledsoe Court of Criminal Appeals

State of Tennessee v. Quintis McCaleb
E2017-01381-CCA-R9-CD
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge Barry A. Steelman

The State, pursuant to Rule 9 of the Tennessee Rules of Appellate Procedure, appeals the trial court’s grant of Defendant’s motion to suppress inculpatory statements made during his post-polygraph interview. The trial court found that the statements were voluntary but determined that they were inadmissible under Tennessee Rule of Evidence 403 because Defendant would be required to reference the polygraph examination to provide context for Defendant’s statements made during the post-polygraph interview. Concluding that the trial court abused its discretion by excluding the statements, we reverse the judgment of the trial court and remand this case for further proceedings consistent with this opinion.

Hamilton Court of Criminal Appeals

Quincy Moutry v. State of Tennessee
E2017-00353-CCA-R3-PC
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge G. Scott Green

The Petitioner, Quincy Moutry, appeals the post-conviction court’s denial of his petition for post-conviction relief in which he challenged his convictions for carjacking, aggravated robbery, and possession of a firearm with the intent to go armed during the commission of a dangerous felony and his effective twenty-seven-year sentence. On appeal, the Petitioner asserts that he received ineffective assistance of counsel at trial. Upon reviewing the record and the applicable law, we affirm the judgment of the postconviction court.

Knox Court of Criminal Appeals

Charles D. Johnson v. State of Tennessee
E2018-00112-CCA-R3-HC
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Justin C. Angel

The Petitioner, Charles D. Johnson, appeals the habeas corpus court’s dismissal of his petition for writ of habeas corpus in which the Petitioner argued that he was never indicted on his convicted offense. After a thorough review of the record and applicable law, we affirm the dismissal of his petition in accordance with Rule 20, Rules of the Court of Criminal Appeals.

Bledsoe Court of Criminal Appeals

Danny Anderson v. State of Tennessee
E208-00191-CCA-R3-HC
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Justin C. Angel

The Petitioner, Danny Anderson, appeals the habeas corpus court’s dismissal of his petition for writ of habeas corpus. We conclude that the Petitioner’s notice of appeal was untimely filed, and the interest of justice does not support waiver of the timely filing requirement. Therefore, we dismiss the appeal.

Bledsoe Court of Criminal Appeals

State of Tennessee v. John Baskins
E2017-00795-CCA-R3-CD
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge Bob R. McGee

The defendant, John Baskins, appeals his Knox County Criminal Court guilty-pleaded convictions of rape of a child and especially aggravated sexual exploitation of a minor, claiming that the trial court erred in the misapplication of an enhancement factor and that the 40-year sentence imposed was excessive. Discerning no error, we affirm.

Knox Court of Criminal Appeals

Jason C. Blosser v. Cyrus Johnson, IV d/b/a The River City Rides
W2017-00858-COA-R3-CV
Authoring Judge: Judge Brandon O. Gibson
Trial Court Judge: Chancellor JoeDae L. Jenkins

This appeal deals only with the trial court’s award of treble damages pursuant to the Tennessee Consumer Protection Act. Finding no error, we affirm.

Shelby Court of Appeals

Deborah Lacy v. Vanderbilt University Medical Center, Et Al.
M2018-00832-COA-R3-CV
Authoring Judge: Presiding Judge Frank G. Clement, Jr.
Trial Court Judge: Judge Thomas W. Brothers

This is an appeal from an order granting summary judgment to one of several defendants. Because the order does not dispose of the plaintiff’s claims against all of the defendants, we dismiss the appeal for lack of a final judgment.

Davidson Court of Appeals

Ray Brown v. Robert L. Bushnell
M2017-01124-COA-R3-CV
Authoring Judge: Judge Kenny Armstrong
Trial Court Judge: Judge Franklin L. Russell

This is a malicious prosecution case. The trial court found that the Appellant committed the torts of malicious prosecution and abuse of process. Appellant argues that there was no material evidence to support the trial court’s inference of malice. Appellant also questions the trial court’s failure to address the mandatory element of probable cause. Discerning no error, we affirm.

Bedford Court of Appeals

In Re Ethan W., Et Al.
M2016-02313-COA-R3-JV
Authoring Judge: Judge Richard H. Dinkins
Trial Court Judge: Judge Stella L. Hargrove

The Department of Children Services initiated a proceeding to declare the three minor children of Mother and Father dependent and neglected following the discovery of a sexual relationship between two of the children. The Juvenile Court adjudicated the children dependent and neglected, as did the circuit court in a de novo hearing on appeal. Upon our review, we conclude the record contains clear and convincing evidence that the children were dependent and neglected; accordingly, we affirm the judgment.  

Wayne Court of Appeals

In Re Ayden S., Et Al.
M2017-01185-COA-R3-PT
Authoring Judge: Judge W. Neal McBrayer
Trial Court Judge: Judge Ken Witcher

Parents appeal the termination of parental rights to their three children. The juvenile court found three statutory grounds for termination: substantial noncompliance with the requirements of the permanency plans, persistence of conditions, and failure to manifest an ability and willingness to assume custody or financial responsibility of the children. The court also found that termination of the parents’ parental rights was in the children’s best interest. We conclude the evidence of the statutory grounds for termination was less than clear and convincing. Thus, we reverse the termination of the parents’ parental rights.

Macon Court of Appeals

State of Tennessee v. Jennifer Lynn Mosier
W2017-01125-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Donald H. Allen

The Defendant, Jennifer Lynn Mosier, entered a nolo contendere plea to DUI in the Madison County Circuit Court and was sentenced to 11 months, 29 days in the county jail, suspended after 48 hours. As a condition of her guilty plea, she attempted to reserve a certified question of law pursuant to Tennessee Rule of Criminal Procedure 37(b)(2) regarding the validity of the arrest warrant. Because we agree with the State that the Defendant failed to comply with the strict requirements for properly certifying a question of law, we dismiss the appeal for lack of jurisdiction.

Madison Court of Criminal Appeals