State of Tennessee v. Kalandra Lacy
W2016-00837-CCA-R3-CD
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge Carolyn Wade Blackett

The defendant, Kalandra Lacy, appeals her Shelby County Criminal Court guilty-pleaded conviction of abuse of a corpse, arguing that the trial court erred by denying her bid for judicial diversion. Following a de novo review occasioned by the trial court’s failure to consider on the record all the factors relevant to the denial of judicial diversion as well as the trial court’s consideration of irrelevant factors, we conclude that the defendant is entitled to judicial diversion. We remand the case for entry of an order placing the defendant on judicial diversion under the same terms and conditions of her previously imposed sentence of probation.

Joyce Stockton, et al. v. Ford Motor Company-Concur
W2016-01175-COA-R3-CV
Authoring Judge: Chief Judge D. Michael Swiney
Trial Court Judge: Judge Roy B. Morgan, Jr.

I concur fully in the majority Opinion. I also agree with the dissent that this Court “has no authority to overrule or modify Supreme Court’s opinions.” Bloodworth v. Stuart, 428 S.W.2d 786, 789 (Tenn. 1968). I, however, disagree with the dissent regarding duty of care as the Trial Court was in fact cognizant of and adhered to our Supreme Court’s majority opinion in Satterfield v. Breeding Insulation Co., 266 S.W.3d 347 (Tenn. 2008).

Joyce Stockton, et al. v. Ford Motor Company-Partial Dissent
W2016-01175-COA-R3-CV
Authoring Judge: Presiding Judge J. Steven Stafford
Trial Court Judge: Judge Roy B. Morgan, Jr.

Although I agree with the majority Opinion’s discussion of the improper jury instructions given by the trial court in this case, I cannot agree with the majority’s analysis with regard to the duty owed by Ford. Because Ford’s duty is a threshold issue that must be determined prior to any consideration of the jury instructions given by the trial court, I therefore file this partial dissent.

In Re: Wesley P.
W2016-02131-COA-R3-PT
Authoring Judge: Judge Brandon O. Gibson
Trial Court Judge: Chancellor W. Michael Maloan

This is the second appeal regarding the termination of Father’s parental rights with respect to this child. On October 22, 2014, the trial court entered an order terminating both Mother’s and Father’s rights to their son based on a finding of severe abuse and a determination that it was in the child’s best interest that both parents’ rights be terminated. Mother and Father appealed that determination to this Court. On May 29, 2015, this Court issued an opinion, In re Wesley P., No. W2014-02246-COA-R3-PT, 2015 WL 3430090 (Tenn. Ct. App. May 29, 2015), affirming the trial court’s finding of severe abuse but reversing the termination of parental rights on the basis that it was not in the best interest of the child to do so at that time. On January 12, 2016, DCS filed another petition to terminate Mother’s and Father’s parental rights, alleging several grounds for termination. Mother subsequently surrendered her parental rights to the child voluntarily, and her rights are not subject to this appeal. After a full hearing, the chancery court found by clear and convincing evidence that all grounds for termination alleged against Father existed and that termination of Father’s parental rights was in the best interest of the child. Father appeals. We affirm.

State of Tennessee v. Ronald Levon Cosper
E2016-00212-CCA-R3-CD
Authoring Judge: Judge Robert H. Montgomery, Jr.
Trial Court Judge: Judge Barry A. Steelman

The Defendant, Ronald Levon Cosper, was convicted of first degree felony murder and attempted especially aggravated robbery. See T.C.A. §§ 39-13-202(a)(2) (2014) (felony murder), 39-13-403 (2014) (especially aggravated robbery), 39-12-101 (2014) (criminal attempt). He received concurrent sentences of life for the felony murder conviction and ten years for the attempted especially aggravated robbery conviction. On appeal, he contends that (1) the evidence is insufficient to support the convictions and (2) he was deprived of due process because the State introduced unreliable identification evidence of him as the perpetrator of the offenses. We affirm the first degree felony murder judgment of the trial court. We affirm the attempted especially aggravated robbery conviction but vacate the judgment and remand for entry of a corrected judgment.

In Re Sydney B.
M2016-01236-COA-R3-PT
Authoring Judge: Presiding Judge J. Steven Stafford
Trial Court Judge: Judge L. Craig Johnson

In this termination of parental rights case, prospective adoptive parents appeal the trial court’s dismissal of their petition after finding that father did not willfully fail to pay support for the child. We reverse and remand for further proceedings.

Wondimu Borena v. Jason Jacocks, et al.
M2016-00449-COA-R3-CV
Authoring Judge: Judge Kenny Armstrong
Trial Court Judge: Judge Thomas W. Brothers

This is a mechanic’s lien case. Appellee/auto repair shop agreed to repair Appellant’s vehicle for $5,267.30. Appellant paid this amount, but Appellee raised the estimate to $9,489.30. Appellant did not pay the additional costs. Under a purported mechanic’s lien, Tennessee Code Annotated Section 66-19-103, Appellee sold Appellant’s vehicle for $4,500.00. Appellant filed a complaint, seeking damages for conversion and for violation of the Tennessee Consumer Protection Act. The trial court dismissed Appellant’s Tennessee Consumer Protection Act claim. Concerning the conversion claim, the trial court held that Appellee did not have a valid mechanic’s lien and had converted the property. The trial court awarded $10,000.00 in damages to Appellant. Appellant appeals, arguing that the damage award is insufficient. Discerning no error, we affirm.

Joyce Stockton, et al. v. Ford Motor Company
W2016-01175-COA-R3-CV
Authoring Judge: Judge Kenny Armstrong
Trial Court Judge: Judge Roy B. Morgan, Jr.

This is a jury case. Automobile mechanic and his wife, Appellees, filed suit against Appellant Ford Motor Company for negligence in relation to wife’s diagnosis of mesothelioma. Appellees allege that Ford’s brake products, which contained asbestos, were unreasonably dangerous or defective such that Ford owed a duty to warn Mr. Stockton so that he, in turn, could protect his wife from exposure to air-borne asbestos fibers. The jury returned a verdict against Ford for $3.4 million. Ford appeals. Because the jury verdict form is defective, in that it omits two necessary questions in products liability cases, i.e., that the product at issue was unreasonably dangerous or defective and that the plaintiff’s injuries were reasonably foreseeable, we vacate the judgment and remand.

State of Tennessee v. Travis Smith
W2015-02360-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Glenn Ivy Wright

A jury convicted the Defendant, Travis Smith, of rape of a child, a Class A felony, and he was sentenced to serve twenty-five years in prison. The Defendant appeals, challenging the sufficiency of the evidence, the trial court’s decisions regarding the admission of testimony, the sufficiency of the bill of particulars, the timing of the State’s election, the jury instructions regarding the election, the introduction into evidence of a videotape of the victim’s forensic interview, and the State’s alleged failure to turn over exculpatory evidence. The Defendant also asserts he is entitled to relief for cumulative error. Discerning no error, we affirm the Defendant’s conviction.

State of Tennessee v. Scarlet I. Martin
M2016-00615-CCA-R3-CD
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge Larry J. Wallace

Defendant, Scarlet I. Martin, was convicted of driving under the influence of an intoxicant (“DUI”) and driving under the influence of an intoxicant with a blood alcohol concentration (“BAC”) greater than .08 (“DUI per se”). She appeals, arguing that the evidence was insufficient to support her convictions and that the trial court erred by denying her motion to suppress the results of a warrantless blood draw. After carefully reviewing the record, we conclude that the evidence was sufficient and that the blood draw was justified by exigent circumstances. Accordingly, the judgments of the trial court are affirmed.

State of Tennessee v. Randall Keith Reed
E2015-01638-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge Rebecca J. Stern

Defendant, Randall Kenneth Reed, was convicted by a Hamilton County Jury of four counts of the fraudulent use of a debit card, first degree premeditated murder, first degree felony murder, especially aggravated robbery, and theft of property less than $500.00. The trial court merged the premeditated murder conviction with the felony murder conviction and imposed a life sentence to be served concurrently with 25 years for especially aggravated robbery and 11 months, 29 days each for theft of property less than $500 and four counts of the fraudulent use of a debit card. The trial court further ordered the sentence to be served consecutively to a probation violation in an unrelated case. On appeal, Defendant argues as follows: (1) that the trial court erred by allowing Milo Geiger to testify that he agreed to take a lie detector test and that Defendant refused to take one; (2) that the trial court improperly admitted photographs of the victim; (3) that the trial court erred in failing to instruct the jury on the lesser-included offense of voluntary manslaughter; and (4) that the evidence was insufficient to support his convictions for first degree premeditated murder, first degree felony murder, and especially aggravated robbery. After a thorough review of the record, we reverse the judgments of the trial court and remand for a new trial.

State of Tennessee v. Jacob Pearman
M2015-02271-CCA-R3-CD
Authoring Judge: Judge Camille R. McMullen
Trial Court Judge: Judge David M. Bragg

The Defendant-Appellant, Jacob Pearman, was convicted as charged by a Rutherford County Circuit Court jury of first degree premeditated murder, aggravated assault, and child abuse, and he received an effective sentence of life imprisonment plus five years. See T.C.A. §§ 39-13-202(a)(1), -102(a)(1), -15-401(a). On appeal, Pearman argues: (1) the trial court erred in denying his motion for a change of venue; (2) the trial court abused its discretion in declining to strike a juror for cause; (3) the evidence is insufficient to show that he premeditated the victim’s killing; (4) the trial court erred in admitting the victim’s statements pursuant to the state of mind hearsay objection; (5) the State committed prosecutorial misconduct during its rebuttal closing argument; and (6) the trial court failed to properly exercise its role as the thirteenth juror.1 We affirm the judgments of the trial court.

State of Tennessee v. Paula Jean Lacommare
M2016-01794-CCA-R3-CD
Authoring Judge: Judge John Everett Williams, Jr.
Trial Court Judge: Judge David A. Patterson

The Defendant, Paula Jean Lacommare, pled guilty to initiation of the manufacturing process of methamphetamine and was sentenced to eight years on probation.  A violation of probation warrant was issued against the Defendant for testing positive for methamphetamine.  Following a hearing, the trial court revoked the Defendant’s probation and ordered her to serve her sentence in prison.  The Defendant appeals.  After a thorough review of the record and applicable law, we affirm the judgment of the trial court.

Chase Home Finance, LLC v. Jo Ann Street
W2016-01026-COA-R3-CV
Authoring Judge: Presiding Judge J. Steven Stafford
Trial Court Judge: Judge Gina C. Higgins

Appellant appeals from the trial court’s decision granting a judgment of possession to the Appellee bank. Because of profound deficiencies in Appellant’s brief, we hold that her arguments are waived. Accordingly, the trial court’s judgment is affirmed.

State of Tennessee v. Desmond Eugene Davis
E2016-01608-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Barry A. Steelman

The Defendant, Desmond Eugene Davis, pled guilty to aggravated assault and was sentenced to eight years on probation. A violation of probation warrant was issued against the Defendant. Following a hearing, the trial court revoked the Defendant’s probation and ordered him to serve his sentence in prison. The Defendant appeals. After a thorough review of the record and applicable law, we affirm the judgment of the trial court.

Kim L. Higgs v. John C. Green
M2016-01369-COA-R3-CV
Authoring Judge: Presiding Judge Frank G. Clement, Jr.
Trial Court Judge: Judge Kelvin D. Jones

This appeal arises from a two-car accident. In her complaint, Plaintiff alleged that the collision occurred because Defendant violated several statutory rules of the road by failing to yield the right of way and making a turn across traffic without confirming it was safe to do so. Defendant denied any negligence and claimed that Plaintiff was more than 50% at fault. Following a trial, the jury found that Plaintiff was 75% at fault; as a result, judgment was entered for Defendant. On appeal Plaintiff contends she is entitled to a new trial for two reasons. She contends the trial court abused its discretion by limiting the testimony of the investigating police officer to what the parties told him at the scene and to matters that are reflected in his accident report. She also contends she is entitled to a new trial due to jury misconduct. Finding no abuse of discretion, we affirm.

Tracy Darrell Adkins v. Rhonda Forlaw Adkins
M2017-00495-COA-T10B-CV
Authoring Judge: Presiding Judge Frank G. Clement, Jr.
Trial Court Judge: Judge Michael Binkley

After the trial court denied Wife’s motion to set aside the mediated Marital Dissolution Agreement and Permanent Parenting Plan and entered its order declaring the parties divorced, Wife filed a motion seeking recusal of the trial judge. The judge denied the motion, and Wife timely filed her petition for recusal appeal seeking an interlocutory appeal as of right pursuant to Tennessee Supreme Court Rule 10B from the trial court’s denial of her motion. We affirm the trial court’s decision to deny the motion for recusal.

Victor Dunn v. Tradesmen International, Inc.
E2015-01930-SC-R3-WC
Authoring Judge: Judge Robert E. Lee Davies, Sr.
Trial Court Judge: Judge James E. Lauderback

Victor Dunn (“Employee”), a Tennessee resident, was injured in Iowa while working for Tradesmen International, Inc. (“Employer”).  Employer accepted the injury as compensable but disputed Tennessee’s jurisdiction over the claim, contended that any award of permanent disability benefits should be limited to one and one-half times the impairment rating, and disagreed with Employee’s calculation of his average weekly wage.  The trial court held that it had jurisdiction, that the claim was not “capped,” and that Employee’s proposed average weekly wage was correct. It awarded permanent partial disability benefits of 25% to the body as a whole.  Employer has appealed, arguing that the trial court’s ruling on the average weekly wage issue was incorrect. The appeal has been referred to the Special Workers’ Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law pursuant to Tennessee Supreme Court Rule 51.  We affirm the judgment.

Jeffrey Walton v. State of Tennessee
W2016-01395-CCA-R3-PC
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge Lee V. Coffee

Jeffrey Walton (“the Petitioner”) was convicted of vandalism over the value of $10,000 and burglary of a building and received an effective sentence of twenty-seven years. He filed a petition for post-conviction relief, which the post-conviction court denied. On appeal, the Petitioner argues that second and third trial counsel’s performance was deficient because they (1) failed to prepare a trial strategy; (2) failed to investigate the background of Barrow-Agee Laboratories and discover a fatal variance in the indictment; (3) failed to properly cross-examine witnesses; and (4) failed to request jury instructions on the defenses of duress and necessity. The Petitioner asserts that he was prejudiced because absent these deficiencies, he would have likely been convicted of a lesserincluded offense or acquitted of the offenses. After a thorough review of the record and applicable case law, we affirm the judgment of the post-conviction court.

Deborah Lacy v. HCA Health Service of TN, Inc., et al.
M2016-01027-COA-R3-CV
Authoring Judge: Judge Richard H. Dinkins
Trial Court Judge: Judge Thomas W. Brothers

Plaintiff appeals the dismissal of her case and the award of sanctions against her. The trial court dismissed the action for failure of Plaintiff to comply with the pre-suit notice and certificate of good faith requirements of the Tennessee Health Care Liability Act. Plaintiff also argues that the trial court engaged in judicial misconduct. Discerning no reversible error, we affirm the judgment as modified.

Franklin Square Towne Homeowners Association Inc., et al. v. Joseph B. Kyles, et al.
W2016-02018-COA-R3-CV
Authoring Judge: Presiding Judge J. Steven Stafford
Trial Court Judge: Judge Walter L. Evans

This case involves a dispute over property. The trial court ruled that the defendants’ driveway and air conditioner pads encroached onto the plaintiffs’ property but declined to order their removal. Rather, the trial court awarded the plaintiffs damages and ruled that the encroachments could remain in place. Both parties appealed. We affirm the trial court’s conclusion that plaintiffs’ action with regard to the driveway is not barred by the Tennessee Code Annotated section 28-2-103 statute of limitations. We reverse the trial court’s ruling, however, to note that any action regarding the air conditioners and their placement is barred by the section 28-2-103 statute of limitations. We also reverse the trial court’s ruling allowing the driveway to remain in place.

Sherra Robinson Wright v. The Estate of Lorenzen Vern-Gagne Wright, et al.
W2016-01251-COA-R3-CV
Authoring Judge: Judge Arnold B. Goldin
Trial Court Judge: Judge Robert L. Childers

This case involves a divorced party’s request to recover unpaid child support and alimony. The petitioner filed her lawsuit in the Shelby County Circuit Court, which denied her request for relief. Although the petitioner appeals, we conclude that the trial court was without subject matter jurisdiction over the petitioner’s claims. Because the petitioner’s ex-husband is deceased and the claims at issue are against the ex-husband’s estate, the petitioner was required to file her claims against the estate in the Shelby County Probate Court. We therefore vacate the judgment of the trial court and dismiss the case for lack of subject matter jurisdiction.

Michael Todd Sansom v. Amanda Jane Sansom
M2016-01111-COA-R3-CV
Authoring Judge: Judge Brandon O. Gibson
Trial Court Judge: Judge Michael Binkley

This is a post-divorce child custody and parental relocation case. Father petitioned the trial court to modify the parties’ parenting plan to designate him as the minor child’s primary residential parent and to allow him to relocate the child from Tennessee to Virginia. Mother opposed Father’s petition and filed a counter-petition requesting the court modify the residential parenting schedule to reflect Father’s move to Virginia. The trial court found that a material change in circumstances existed to permit an examination of whether changing the child’s primary residential parent from Mother to Father was in the child’s best interest. After an analysis of the best interest factors set forth in Tennessee Code Annotated section 36-6-106(a), the court concluded that it would be in the child’s best interest to remain in Tennessee with Mother as her primary residential parent. The court also adopted Mother’s proposed residential parenting schedule. The trial court then calculated Father’s retroactive and prospective child support obligations and awarded Mother the attorney’s fees she incurred in defending Father’s petitions and successfully pursuing her own. Father subsequently filed a Rule 59 motion to alter or amend the trial court’s judgment and to reopen the proof in the matter. The trial court denied Father’s request and awarded Mother additional attorney’s fees she incurred in defending the motion to alter or amend. Father has appealed the trial court’s determination that Mother should remain the child’s primary residential parent, the new residential parenting schedule, the court’s application of Tennessee’s parental relocation statute, the calculation of the income of the parties, the calculation of child support, and the award of attorney’s fees. We conclude that the trial court erred in calculating the amount of Father’s monthly gross income. The award of child support is therefore vacated and remanded for reconsideration. We affirm the judgment of the trial court in all other respects. We decline both parties’ requests for attorney’s fees incurred on appeal.

Christopher Lee Richardson v. State of Tennessee
M2016-00793-CCA-R3-PC
Authoring Judge: Judge Robert W. Wedemyer
Trial Court Judge: Judge F. Lee Russell

A Bedford County jury convicted the Petitioner, Christopher Lee Richardson, of attempted theft of property valued at $1,000 or more but less than $10,000, disorderly conduct, possession of a schedule IV controlled substance for sale or delivery, resisting arrest, possession of a Schedule VI controlled substance, and promotion of methamphetamine manufacture. The trial court ordered an effective sentence of twelve years. On appeal, this Court affirmed the convictions and sentence. See State v. Christopher Lee Richardson, No. M2013-01178-CCA-R3-CD, 2014 WL 12651041, at *1 (Tenn. Crim. App., at Nashville, June 12, 2014), no perm. app. filed. The Petitioner filed a post-conviction petition, and following a hearing the post-conviction court denied relief. On appeal, the Petitioner maintains that he received the ineffective assistance of counsel. After review, we affirm the post-conviction court’s judgment.

Gwendolyn Hagerman v. State of Tennessee
E2016-01555-CCA-R3-PC
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge James F. Goodwin

Petitioner, Gwendolyn Hagerman, was convicted of five counts of rape of a child and sentenced to an effective sentence of sixty years. Subsequently, she sought post-conviction relief on the basis of ineffective assistance of counsel. The post-conviction court denied relief and dismissed the petition. Petitioner appealed. After a review, we affirm the denial of post-conviction relief.