Katy Elizabeth Hammond v. William George Hammond
M2022-01253-COA-R3-CV
Authoring Judge: Judge Kristi M. Davis
Trial Court Judge: Judge Kathryn Wall Olita

A husband and wife entered into a marital dissolution agreement in 2019. Part of the agreement provided that once the husband retired from the United States Army, he would pay the wife alimony in futuro in an amount equal to the amount of military retirement to which the wife was entitled under the agreement. In 2021, the wife filed a motion for contempt alleging, inter alia, that the husband was not complying with the alimony requirements. The husband argued that the parties’ agreement was unenforceable because it is pre-empted by federal law. Following a hearing, the trial court found that the husband had failed to comply with the agreement but that the contempt was not willful. The husband appeals. Discerning no error, we affirm. We also grant the wife’s request for her appellate attorney’s fees.

State of Tennessee v. Devon Allen Wall
M2021-00911-CCA-R3-CD
Authoring Judge: Judge Kyle A. Hixson
Trial Court Judge: Judge David D. Wolfe

The Defendant, Devon Allen Wall, pleaded guilty to one count of aggravated robbery and was convicted by a jury of two counts of aggravated kidnapping related to the same incident. On appeal, the Defendant challenges the sufficiency of the evidence supporting his aggravated kidnapping convictions and challenges the trial court’s refusal to deliver a special jury instruction. Relative to his sufficiency challenge, the Defendant contends that there was no significant confinement or removal of the victims and that the aggravated kidnappings were incidental to the underlying crime of aggravated robbery. Regarding his second challenge, the Defendant contends that the requested jury instruction concerning “relatively trivial restraints” provided crucial guidance for the jury on Tennessee’s aggravated kidnapping statute. Following our review, we affirm the judgments of the trial court.

State of Tennessee v. Brian Allen Armstrong
W2022-01397-CCA-R3-CD
Authoring Judge: Judge Matthew J. Wilson
Trial Court Judge: Judge Roy B. Morgan, Jr.

A Madison County jury convicted Defendant, Brian Allen Armstrong, of two counts of
possession of a firearm by a convicted felon and one count of possession of a prohibited
weapon. The trial court sentenced Defendant to an effective term of fifteen years in the
Tennessee Department of Correction. On appeal, Defendant argues that the evidence was
insufficient to sustain his convictions and that the trial court erred in denying his requested
jury instruction on the defense of necessity. After reviewing the record, we affirm the
judgments of the trial court.

Angela Montgomery v. State of Tennessee
M2022-00780-CCA-R3-PC
Authoring Judge: Presiding Judge Camille R. McMullen
Trial Court Judge: Judge Barry R. Tidwell

The Petitioner, Angela Montgomery, was convicted in the Rutherford County Circuit Court of six counts of rape of a child, for which she received an effective sentence of forty years’ imprisonment to be served at one hundred percent. This court affirmed her convictions, and she filed a petition for post-conviction relief claiming that she received the ineffective assistance of counsel. After an evidentiary hearing, the post-conviction court granted relief. The State then appealed, claiming for the first time that the petition was untimely. This court remanded the case to the post-conviction court to determine whether the Petitioner was entitled to due process tolling of the one-year statute of limitations. The post-conviction court held that she was not and denied the petition as untimely. The Petitioner now appeals contending that she is entitled to due process tolling because, despite her repeated requests, trial counsel failed to provide her with a copy of the trial transcript. Upon review, we affirm the judgment of the post-conviction court.

State of Tennessee v. James Howard Smith
M2022-01586-CCA-R3-CD
Authoring Judge: Judge Matthew J. Wilson
Trial Court Judge: Judge David D. Wolfe

Defendant, James Howard Smith, entered nolo contendere pleas to two counts of rape of a child, a Class A felony, and one count of aggravated sexual battery, a Class B felony. The trial court imposed consecutive sentences of forty years for each of the two rape of a child convictions and ten years for the aggravated sexual battery conviction, resulting in an effective sentence of ninety years. On appeal, Defendant contends the trial court imposed an excessive sentence. After review, we affirm the judgments of the trial court.

Billy Joe Nelson v. State of Tennessee
M2022-00375-CCA-R3-PC
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Senior Judge Don R. Ash

Petitioner, Billy Joe Nelson, appeals as of right from the Coffee County Circuit Court’s denial of his petition for post-conviction relief, wherein he challenged his convictions for aggravated kidnapping, carjacking, robbery, and aggravated rape. On appeal, Petitioner asserts that he received ineffective assistance of trial counsel based upon counsel’s failure to (1) move to suppress the evidence obtained by Petitioner’s arrest, the search of his girlfriend’s mother’s home, and the search of a cell phone he shared with his girlfriend; (2) move to suppress the victim’s identification of Petitioner on a surveillance recording as impermissibly suggestive; (3) investigate DNA evidence or contest the chain of custody of the victim’s rape kit and the DNA standards for the victim and Petitioner; (4) introduce a voice exemplar of Petitioner to prove that the perpetrator’s voice in the background of the victim’s 911 call was not his; and (5) use telephone records to cast doubt on the State’s timeline of events and establish that a witness had reason to lie about Petitioner’s involvement in the offenses. Petitioner also alleges that the State withheld exculpatory evidence relative to the victim’s rape kit and DNA standards for the victim and Petitioner. Following our review, we affirm.

State of Tennessee v. Robert Atkins
E2022-01027-CCA-R3-CD
Authoring Judge: Judge John W. Campbell, Sr.
Trial Court Judge: Judge Steven Wayne Sword

The Defendant, Robert Joseph Atkins, was convicted in the Knox County Criminal Court
of second degree murder, tampering with evidence, and unlawful possession of a handgun
by a convicted felon and received an effective thirty-one-year sentence. On appeal, he
claims that (1) the evidence is insufficient to support his murder conviction, (2) the trial
court erred by admitting testimony about his prior assault of the victim, (3) the trial court
erred by admitting an unauthenticated video into evidence, (4) the trial court should have
granted a new trial because a police officer, who testified at trial, was the subject of an
internal affairs investigation, (5) the trial court committed plain error by allowing the
medical examiner to testify outside her area of expertise, and (6) he was denied his right to
a fair trial under the cumulative error doctrine. Based upon the oral arguments, the record,
and the parties’ briefs, we affirm the judgments of the trial court.

Michael Grande v. Kimberly Grande
E2022-00981-COA-R3-CV
Authoring Judge: Judge D. Michael Swiney
Trial Court Judge: Judge Gregory S. McMillan

This appeal concerns divorce-related issues. In October 2019, Michael Grande
(“Husband”) filed for divorce against Dr. Kimberly Grande (“Wife”) in the Circuit Court
for Knox County (“the Trial Court”). In March 2021, the Trial Court entered its Final
Judgment for Divorce, which incorporated the parties’ Marital Dissolution Agreement
(“the MDA”). In September 2021, Husband filed a petition for civil contempt against Wife.
In its June 2022 final order, the Trial Court found among other things that Wife was in civil
contempt of court. Wife appeals. Husband raises his own issues as well. We find, inter
alia, that Wife is not in civil contempt for pre-MDA conduct when the MDA purported to
resolve the very issues subject to the contempt petition and Husband has not asserted a
claim of fraud. We reverse the Trial Court’s findings of civil contempt against Wife, as
well as the judgments against Wife in the amounts of $27,000 and $11,171.80, respectively.
We also reverse the Trial Court’s award of attorney’s fees to Husband, and decline to award
either party attorney’s fees and expenses incurred on appeal. Otherwise, we affirm the
judgment of the Trial Court. We thus affirm, in part, and reverse, in part.

State of Tennessee v. Matthew Peter McDonnell
E2022-00898-CCA-R3-CD
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge Kyle A. Hixson

The defendant, Matthew Peter McDonnell, appeals the Knox County Criminal Court’s
order revoking his probation and requiring him to serve the balance of his four-year
sentence for aggravated assault and vandalism of property valued at more than $1,000 but
less than $2,500. Discerning no error, we affirm.

James Mark Lee v. Tonya Mitchell et al.
M2022-00088-COA-R3-CV
Authoring Judge: Presiding Judge Frank G. Clement, Jr.
Trial Court Judge: Judge Jonathan L. Young

This is an action for defamation, false light invasion of privacy, and damages under the Tennessee Educator’s Protection Act. The plaintiff alleged that the defendants falsely accused him of being a “sexual predator” and “pedophile” who sexually harassed his female high school students. The defendants responded to the complaint by filing petitions to dismiss the action under the Tennessee Public Participation Act. The trial court held that the plaintiff failed to establish a prima facie case for each of his claims and dismissed the action. This appeal followed. We affirm.

Joseph Laglinais v. State of Tennessee
W2022-00317-CCA-R3-PC
Authoring Judge: Presiding Judge Camille R. McMullen
Trial Court Judge: Judge Donald H. Allen

The Petitioner, Joseph Langlinais, appeals from the denial of his petition seeking postconviction
relief from his convictions of rape of a child, aggravated sexual battery, and
attempted rape of a child, for which he received an effective sentence of twenty-eight years
in prison. State v. Joseph Langlinais, No. W2016-01686-CCA-R3-CD, 2018 WL 1151951
(Tenn. Crim. App. Mar. 2, 2018), perm. app. denied (Tenn. July 19, 2018). In this appeal,
the Petitioner argues (1) that the post-conviction court deprived this court of meaningful
appellate review because it failed to consider certain issues as raised in his petition and
failed to provide sufficient findings of fact in its order denying relief; (2) that the Petitioner
was deprived of his Sixth Amendment right to the effective assistance of counsel under
United States v. Cronic, 466 U.S. 648, 658, 104 S. Ct. 2039 (1984), or alternatively,
Strickland v. Washington, 466 U.S. 668, 687, 104 S. Ct. 2052 (1984); (3) that trial counsel
was ineffective based on eighteen separate grounds; and (4) that the cumulative effect of
trial counsel’s deficiencies entitles him to relief. After a thorough review of the record, we
conclude that the aggregate effect of trial counsel’s deficiencies requires a new trial.
Accordingly, we reverse the order of the post-conviction court, vacate the Petitioner’s
convictions, and remand for a new trial.

Larry Short v. Roger Alston
W2022-00666-COA-R3-CV
Authoring Judge: Judge Kenny Armstrong
Trial Court Judge: Judge J. Weber McCraw

The appeal is dismissed due to the fact that Appellant’s brief wholly fails to comply with
Tennessee Rule of Appellate Procedure 27(a). In addition, there is no transcript or
Tennessee Rule of Appellate Procedure 24(c) statement of the evidence, thus negating this
Court’s ability to review the trial court’s substantive findings.

Clifford Leon Houston v. James F. Logan, Jr.
E2022-01696-COA-R3-CV
Authoring Judge: Judge Kristi M. Davis
Trial Court Judge: Chancellor Tom McFarland

Clifford Leon Houston (“Appellant”) filed a motion to stay foreclosure proceedings in
2010 in the Chancery Court for Roane County (the “trial court”). In September of 2022,
Appellant filed a motion to recuse the new Roane County Chancellor. The trial court
denied the motion to recuse and dismissed Appellant’s action for failure to prosecute.
Appellant appealed to this Court. Because his brief fails to comply with Tennessee Rule
of Appellate Procedure 27, Appellant’s issues are waived, and the trial court’s ruling is
affirmed.

Karen Elizabeth Phillips Lowe v. Robert Melvin Lowe
E2023-01061-COA-T10B-CV
Authoring Judge: Judge Kristi M. Davis
Trial Court Judge: Judge Suzanne S. Cook

This is an interlocutory appeal as of right, pursuant to Rule 10B of the Rules of the Supreme
Court of Tennessee, filed by the plaintiff, Karen Elizabeth Phillips Lowe (“Former Wife”),
seeking to recuse the judge in this post-divorce case. Having reviewed the petition for
recusal appeal filed by Former Wife, and finding no error, we affirm.

In Re Estate of Harold W. Williams
E2022-01621-COA-R3-CV
Authoring Judge: Judge Arnold B. Goldin
Trial Court Judge: Judge Dennis Roach, II

This appeal arises out of a claim filed by a decedent’s wife against his estate. Of note, the decedent’s will contained a provision bequeathing his wife all of his clothing, personal effects, automobiles, and all of his other tangible personal property. During an inspection of the decedent’s home following his death, the decedent’s relatives located a checkbook with a sizeable amount of money contained in it, while also locating a large sum of money left in his clothing and in a wallet taped to a pipe in the decedent’s bathroom. The decedent’s wife argues that this money constitutes tangible personal property left to her in the decedent’s will. The trial court rejected this argument, determining that the money constituted intangible personal property. Having reviewed the record, we affirm.

Jeffrey Glenn McCoy v. State of Tennessee
W2022-01007-CCA-R3-PC
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge Clayburn Peeples

After pleading guilty to burglary and theft of property valued at over $10,000, Jeffrey Glenn McCoy, Petitioner, was sentenced by the trial court to an effective sentence of 12 years as a Range III offender to be served consecutively to a sentence from South Carolina. His sentences were affirmed on direct appeal. See State v. Jeffrey Glynn1 McCoy, No. W2016-01619-CCA-R3-CD, 2017 WL 6507232, at *1 (Tenn. Crim. App. Dec. 19, 2017), perm. app. denied (Tenn. Apr. 23, 2018) (“McCoy I”). Petitioner filed a pro se petition for post-conviction relief that was dismissed as untimely. On appeal, the State conceded error and this Court remanded for appointment of counsel and further proceedings. See Jeffrey McCoy v. State, No. W2019-00574-CCA-R3-PC, 2020 WL 1227304, at *1 (Tenn. Crim. App. Mar. 11, 2020) (“McCoy II”). On remand, the post-conviction court appointed counsel and an amended petition was filed. Petitioner alleged that trial counsel failed to inform him of his potential sentence, failed to litigate a motion to suppress, failed to present evidence that Petitioner was under the influence of methamphetamine, and failed to present evidence that Petitioner was not the leader in the commission of the offense. The postconviction court denied relief after a hearing, finding that there was no proof Petitioner’s plea was coerced or that any of trial counsel’s actions were deficient. We affirm the judgment of the post-conviction court.

Billy Hill v. State of Tennessee
E2022-01061-CCA-R3-PC
Authoring Judge: Judge Tom Greenholtz
Trial Court Judge: Judge Steven W. Sword

A Knox County jury found the Petitioner, Billy Hill, guilty of second degree murder. He
later filed a petition for post-conviction relief alleging that his trial counsel was ineffective
by advising him not to testify at trial. The post-conviction court denied relief, finding that
trial counsel’s advice was based on a sound strategy developed after thoroughly
investigating the case. On appeal, we respectfully affirm the judgment of the postconviction
court.

Karen R. Howell v. State of Tennessee
E2022-01480-CCA-R3-PC
Authoring Judge: Judge Tom Greenholtz
Trial Court Judge: Judge Alex E. Pearson

After the Petitioner, Karen R. Howell, pled guilty to three counts of first degree felony murder and one count of attempted first degree murder, the trial court sentenced her to serve three consecutive sentences of life without the possibility of parole plus twenty-five years. Subsequently, she filed a petition under the Post-Conviction Fingerprint Analysis Act of 2021 seeking an analysis of the original murder weapons. The post-conviction court summarily dismissed the petition, finding there was no reasonable probability that a fingerprint analysis would result in a more favorable sentence. Upon review, we respectfully affirm the judgment of the post-conviction court.

Donald Ray Pennington, Jr. v. State of Tennessee
E2022-01133-CCA-R3-PC
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge Sandra Donaghy

Petitioner, Donald Ray Pennington, Jr.,appeals as of right from the Bradley County Criminal Court’s denial of his petition for post-conviction relief, wherein he challenged his convictions for rape of a child and aggravated sexual battery for which he received an effective forty-year sentence. On appeal, Petitioner asserts that he received ineffective assistance of counsel based upon trial counsel’s failure to (1) provide Petitioner with the discovery materials until after trial; (2) investigate the victim’s school records; and(3)call two witnesses to impeach the credibility of the victim’s mother. Following our review, we affirm.

State of Tennessee v. Kelli M. Cates
E2022-01667-CCA-R3-CD
Authoring Judge: Judge Kyle A. Hixson
Trial Court Judge: Judge Steven W. Sword

The Defendant, Kelli M. Cates, pleaded guilty to driving under the influence(“DUI”) after the trial court denied her motion to suppress. As a part of her plea agreement, she sought to reserve five certified questions of law for appeal challenging the legality of the traffic stop leading to her arrest. However, following our review, we conclude that the certified questions are not dispositive of the case and do not clearly identify the scope and limits of the legal issues reserved as required by Tennessee Rule of Criminal Procedure 37(b)(2)(A). Accordingly, we are without jurisdiction to consider the appeal, and the case is dismissed.

In Re Zakary O.
E2022-01062-COA-R3-PT
Authoring Judge: Presiding Judge J. Steven Stafford
Trial Court Judge: Judge Beth Boniface

Mother appeals the termination of her parental rights to her eldest child on a number of grounds. We reverse the trial court’s finding that Mother engaged in only token visitation with the child during the relevant time period. We vacate the trial court’s finding that Mother failed to manifest an ability and willingness to parent because the trial court failed to make findings as to whether the return of the child would pose a risk of substantial harm. We affirm the trial court’s findings as to the remaining grounds, as well as the trial court’s finding that termination is in the child’s best interest.

Aureus Holdings, LLC, d/b/a Media Brewery v. 3803 Partners, LLC
M2022-00505-COA-R3-CV
Authoring Judge: Presiding Judge Frank G. Clement, Jr.
Trial Court Judge: Chancellor Anne C. Martin

This case involves competing claims for breach of a commercial lease agreement. The tenant commenced this action seeking to recover the security deposit and pre-paid rent, contending that the landlord breached the lease by failing to comply with the notice-and-cure provision in the lease before leasing the premises to another tenant. The landlord denied any breach and filed a counterclaim for damages and attorney’s fees contending that the tenant breached the lease by not paying rent. Each party moved for summary judgment, seeking affirmative relief as well as dismissal of the other party’s claims. After ruling that the tenant was the first to materially breach the lease by failing to pay rent and holding that the landlord failed to comply with the notice-and-cure provision in the lease, the court summarily dismissed the tenant’s complaint and the landlord’s counterclaims. Both parties appeal. We affirm the dismissal of the tenant’s complaint but reverse the dismissal of the landlord’s counterclaims and remand for further proceedings consistent with this opinion.

Betty H. v. Williamson County et al.
M2022-00300-COA-R3-CV
Authoring Judge: Judge Kristi M. Davis
Trial Court Judge: Judge J. Russell Parkes

The mother of a minor filed suit against a county and county employees, alleging that the minor was sexually assaulted by a county employee while in custody at a county-run juvenile detention center. The trial court granted the county’s motion for summary judgment on several grounds, including that the county retained immunity under the Governmental Tort Liability Act because the claims against the county arose out of civil rights claims. Finding no error, we affirm the judgment of the trial court.

State of Tennessee v. Kenneth Benard Hudspeth
M2022-00888-CCA-R3-CD
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge Robert E. Lee Davies

The Defendant, Kenneth Benard Hudspeth, was convicted by a Montgomery County Circuit Court jury of first degree felony murder, second degree murder, and two counts of aggravated rape. See T.C.A. §§ 39-13-202(2) (Supp. 1998) (subsequently amended) (felony murder in perpetration of rape); 39-13-210 (1997) (subsequently amended) (second degree murder); and 39-13-205 (1997) (subsequently amended) (aggravated rape). After the appropriate merger, the trial court sentenced the Defendant to life imprisonment plus twenty years. On appeal, the Defendant contends that (1) the evidence is insufficient to support his convictions, (2) the trial court erred by denying his motion to suppress his police statement, and (3) the court erred by ordering consecutive service of his sentences. We affirm the judgments of the trial court.

Charles Hardin, Jr. v. Amanda Warf
W2022-01048-COA-R3-CV
Authoring Judge: Judge Carma Dennis McGee
Trial Court Judge: Judge J. Brent Bradberry

This appeal arises from the filing of a detainer warrant in general sessions court. The
plaintiff sought to remove the defendant and her mobile home from his real property. The
general sessions court granted possession of the real property to the plaintiff but ordered
him to pay for the removal of the mobile home. The defendant appealed to the circuit
court. The circuit court concluded that the plaintiff was entitled to the relief requested and
awarded him possession of his real property. However, contrary to the general sessions
court, the circuit court ordered the defendant to remove her mobile home from the
plaintiff’s real property at her expense. The defendant appeals. We affirm.