State of Tennessee v. Ramon Curry
W2015-01083-CCA-R3- CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge James C. Beasley, Jr.

A Shelby County jury convicted the Defendant, Ramon Curry, of one count of false imprisonment, two counts of aggravated kidnapping, and one count of aggravated assault. The trial court ordered an effective sentence of thirty years to be served at 100%. On appeal, the Defendant contends that: (1) the evidence is insufficient to support his convictions; (2) he was entitled to a mistrial because a State's witness assisted the prosecutor by carrying a box of evidence; and (3) the trial court abused its discretion by ordering partial consecutive sentencing. After review, we affirm the trial court's judgments.

Shelby Court of Criminal Appeals

State of Tennessee v. Jeffrey Lee Sowers
E2015-01961-CCA-R3-CD
Authoring Judge: Judge Robert H. Montgomery, Jr.
Trial Court Judge: Judge John F. Dugger, Jr.

The Defendant, Jeffrey Lee Sowers, pleaded guilty in the Greene County Criminal Court pursuant to a negotiated plea agreement to official misconduct, a Class E felony, with the length and the manner of service of the sentence to be determined by the trial court. See T.C.A. § 39-16-402 (2014). The court sentenced the Defendant as a Range I, standard offender to eighteen months’ incarceration. On appeal, the Defendant contends that the trial court erred in denying his request for judicial diversion. We affirm the judgment of the trial court.

Greene Court of Criminal Appeals

State of Tennessee v. George Mark Alan Greene
E2015-01213-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge E. Shayne Sexton

The defendant, George Mark Alan Greene, pled guilty to one count of incest, a Class C felony, and the trial court denied his application for judicial diversion. On appeal, he contends that the judgment of the trial court should be reversed because he is a suitable candidate for judicial diversion. We conclude that although the trial court did not properly consider all of the factors in denying judicial diversion, a de novo review of the record supports the denial of diversion. We affirm the judgment of the trial court.

Claiborne Court of Criminal Appeals

State of Tennessee v. Tabitha Gentry, aka Abka Re Bay
W2015-01745-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge James M. Lammey, Jr.

A Shelby County jury convicted the Defendant, Tabitha Gentry, aka Abka Re Bay, of theft of property valued over $250,000 and aggravated burglary. The trial court ordered an effective sentence of twenty years in the Tennessee Department of Correction, to be served consecutively to a prior sentence from another Shelby County conviction. The Defendant appeals contending that: (1) the evidence is insufficient to support her convictions, (2) the trial court improperly limited cross-examination of a State witness about adverse possession; (3) the trial court improperly limited the Defendant's closing argument; and (4) consecutive sentencing was inappropriate in this case. After review, we remand the case for resentencing and affirm the trial court's judgments in all other respects.

Shelby Court of Criminal Appeals

Kathryn Lynn Jones v. Gary Edward Jones
M2015-00042-COA-R3-CV
Authoring Judge: Judge Richard H. Dinkins
Trial Court Judge: Chancellor L. Craig Johnson

The parties to this appeal are a former Husband and Wife who each challenge the classification and division of certain assets upon their divorce. Additionally, Husband challenges the finding that $2,000 owed to the parties’ son is a separate rather than a marital debt, and Wife challenges the failure to award her one-half of funds Husband withdrew from marital accounts during the pendency of the divorce. We modify the judgment to reflect that the $2,000 payment is a marital debt and affirm the order that Husband be responsible for it; in all other respects, the judgment is affirmed.

Coffee Court of Appeals

State of Tennessee v. Bobby Lynn Dockery
E2015-02028-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge Richard R. Vance

A Sevier County jury found Defendant, Bobby Lynn Dockery, guilty of forgery. He was sentenced to serve 5 years at 45% as a Range III offender. Defendant alleges on appeal that his conviction for forgery violates the double jeopardy clause of the United States Constitution. Defendant further argues that there was insufficient evidence to sustain the conviction. After a thorough review, we affirm the judgment of the trial court.

Sevier Court of Criminal Appeals

In Re Rylee R., et al.
E2016-00574-COA-R3-PT
Authoring Judge: Judge Kenny Armstrong
Trial Court Judge: Magistrate Kurt Andrew Benson

This is a termination of parental rights case. Mother/Appellant appeals the termination of her parental rights to two minor children on the statutory grounds of: (1) persistence of the conditions that led to the removal of the children from Appellant’s home; and (2) substantial noncompliance with the requirements set out in the permanency plan. Appellant also appeals the trial court’s determination that termination of her parental rights is in the best interests of the children, and she raises several issues concerning the admission of evidence. We conclude that the state did not establish the predicate for termination of Appellant’s parental rights on the ground of persistence of conditions; however, we affirm the termination of Mother’s parental rights on the ground of substantial noncompliance with the requirements of the permanency plan. We also affirm the trial court’s finding that termination of Mother’s parental rights is in the children’s best interests.

Bradley Court of Appeals

C. Wesley Fowler as Administrator Ad Litem of the Estate of Frank Jackson v. City of Memphis, et al.
W2015-01637-COA-R3-CV
Authoring Judge: Presiding Judge J. Steven Stafford
Trial Court Judge: Judge Robert Samual Weiss

In this premises liability case, the plaintiff appeals from the trial court's grant of summary judgment to a governmental defendant. We affirm in part, vacate in part, and remand.

Shelby Court of Appeals

John Jack Lynch v. State of Tennessee
M2015-02451-CCA-R3-PC
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge Forest A. Durard, Jr.

Petitioner, John Jack Lynch, appeals from the denial of post-conviction relief in which he argued that he received ineffective assistance of counsel.  After a thorough review, we determine Petitioner has failed to show clear and convincing evidence that he received ineffective assistance of counsel.  Accordingly, the judgment of the post-conviction court is affirmed.

Marshall Court of Criminal Appeals

Wesley Jones v. State of Tennessee
W2015-01481-CCA-R3-PC
Authoring Judge: Judge Robert H. Montgomery, Jr.
Trial Court Judge: Judge James C. Beasley, Jr.

The Petitioner, Wesley Jones, appeals the Shelby County Criminal Court's denial of his petition for post-conviction relief from his first degree murder conviction and resulting life sentence. On appeal, he contends that he received the ineffective assistance of counsel in numerous respects and that the post-conviction court erred by denying his request for a DNA expert and for DNA testing. We affirm the judgment of the post-conviction court.

Shelby Court of Criminal Appeals

Wesley Jones v. State of Tennessee-Concurring
W2015-01481-CCA-R3-PC
Authoring Judge: Presiding Judge Thomas T. Woodall
Trial Court Judge: Judge James C. Beasley, Jr.

I concur with most of the majority opinion, but write separately to express my opinion that Detective Lundy and the unnamed uniformed patrol officer unconstitutionally seized Petitioner by handcuffing him and taking him to the police department and placing a leg shackle restraint on him inside the interview room. Although testimony by law enforcement officers was at best equivocal (and probably better described as “evasive” in a reading of the transcript) about restraints used on Petitioner, two things are clear: the officers dutifully followed police department “policy” and the policy dictated that “witnesses” be transported while handcuffed via marked patrol cars to interviews at the police station.

Shelby Court of Criminal Appeals

Emily Wade Turner v. John B. Turner, Jr.
W2015-01165-COA-R3-CV
Authoring Judge: Presiding Judge J. Steven Stafford
Trial Court Judge: Judge Felicia Corbin Johnson

Mother filed a petition to enroll and enforce a Mississippi divorce decree in Tennessee requesting the trial court to order Father to continue paying one-half of the parties' child's private school tuition and costs. Father opposed Mother's request and instead argued that the parties' property settlement agreement did not mandate private schooling, that it was reasonable for him to withhold consent to private schooling, and that, in the alternative, the costs associated with private schooling should be apportioned based on the parties' incomes. The trial court found in favor of Mother on all issues. Father appealed. Discerning no error, we affirm

Shelby Court of Appeals

Jami Logian a/k/a Jami Logian Gobea v. Lee R. Morisy MD, et al.
W2015-02369-COA-R3-CV
Authoring Judge: Judge Kenny Armstrong
Trial Court Judge: Judge Robert L. Childers

This is a jury case arising from Appellant's healthcare liability claim against Appellee doctors. The jury returned a verdict in favor of the doctors. Appellant asserts that the trial court erred in allowing a pictograph to be passed to the jury and admitted into evidence. Appellant also asserts that the trial court should have charged the jury with a special instruction on damages. Discerning no error, we affirm.

Shelby Court of Appeals

State of Tennessee v. Dannie Brumfield
M2015-01940-CCA-R3-CD
Authoring Judge: Judge D. Kell Thomas, Jr.
Trial Court Judge: Judge David M. Bragg

The Defendant, Dannie Brumfield, appeals as of right from the Rutherford County Circuit Court’s revocation of his probation and order of confinement for six years.  The Defendant contends that the trial court abused its discretion in revoking his probation and ordering him to serve two additional sentences concurrently with the remainder of his original sentence.  Following our review, we affirm the judgments of the trial court.

Rutherford Court of Criminal Appeals

Gregory Eidson v. State of Tennessee
M2015-01657-CCA-R3-HC
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Dee David Gay

In 2012, the Petitioner, Gregory Eidson, pleaded guilty to aggravated assault and attempted second degree murder, and the trial court imposed consecutive sentences of three and eight years, respectively, to be served on Community Corrections.  The Petitioner filed a timely petition for post-conviction relief, which the post-conviction court denied.  This Court affirmed the denial.  Gregory Eidson v. State, No. M2012-02482-CCA-R3-PC, 2013 WL 6405782, at *1 (Tenn. Crim. App., at Nashville, Dec. 6, 2013), perm. app. denied (Tenn. Mar. 5, 2014).  In 2014, the Petitioner’s Community Corrections sentence was revoked, and the trial court ordered the Petitioner to serve his eleven-year sentence in confinement.  After filing several motions and petitions, the Petitioner filed a petition for writ of habeas corpus, which he also termed a second motion to reopen his post-conviction petition, and a motion for correction of an illegal sentence pursuant to Tennessee Rule of Criminal Procedure 36.1.  The trial court entered an order dismissing the petition and motion.  We affirm the trial court’s judgments.

Sumner Court of Criminal Appeals

State of Tennessee v. James M. Grant
M2016-00540-CCA-R3-CD
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge J. Randall Wyatt, Jr.

Defendant, James M. Grant, appeals the denial of his motion filed pursuant to Rule 36.1 of the Tennessee Rules of Criminal Procedure in which he claimed that he received an illegal sentence after a 1998 guilty plea to one count of facilitation of first degree murder and two counts of attempted first degree murder.  Upon our review of the record and applicable authorities, we affirm the judgment of the trial court.

Davidson Court of Criminal Appeals

Alice Wheeler Et Al v. Mark Abbott Et Al.
E2015-01214-COA-R3-CV
Authoring Judge: Judge D. Michael Swiney
Trial Court Judge: Chancellor Telford E. Forgety, Jr.

Catherine McCulley, Jean Abbott, Steven Abbott, Jerry Abbott, Larry Abbott, Diane West, and Geraldine Abbott (“Plaintiffs”) sued Mark Abbott and Stephanie Abbott (“Defendants”)1 with regard to an alleged easement located across real property in Sevier County, Tennessee. During the pendency of the suit, Catherine McCulley died and a motion was made to substitute her four children as party plaintiffs. Without benefit of a hearing, the Chancery Court for Sevier County (“the Trial Court”) entered an order allowing the substitution. The case then was tried, and the Trial Court entered its judgment finding and holding, inter alia, that “the Plaintiffs, the heirs of Elmer Abbott, have an easment across the property of the Defendant, Mark Abbott . . . .” Defendants appeal to this Court raising several issues. We find and hold that the motion for substitution and the Trial Court’s order granting the motion failed to comply with Tenn. R. Civ. P. 25, which deprived Defendants of an opportunity to be heard prior to entry of the order allowing substitution. We, therefore, vacate both the April 22, 2015 order allowing substitution of parties and the June 5, 2015 judgment holding that “the Plaintiffs” have an easement, and we remand this case for further proceedings consistent with this Opinion.

Sevier Court of Appeals

State of Tennessee v. John G. Apfel aka Raymond Debartolomies
M2015-00944-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge Stella L. Hargrove

A Lawrence County Circuit Court Jury convicted the Appellant, John Apfel aka Raymond DeBartolomies, of theft of $1,000 or more but less than $10,000.  The trial court imposed a sentence of four years.  On appeal, the Appellant challenges the sufficiency of the evidence supporting his conviction, the trial court’s denial of alternative sentencing, and the amount of restitution imposed.  Upon review, we affirm the judgment of the trial court.

Lawrence Court of Criminal Appeals

State of Tennessee v. Mark Rollins
M2016-00162-CCA-R3-CD
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge David Bragg

The defendant, Mark Rollins, pleaded guilty to first offense driving under the influence of an intoxicant and reserved as a certified question the propriety of the vehicle stop leading to his arrest.  Discerning no error, we affirm.

Rutherford Court of Criminal Appeals

Michael Lamar Gaines v. State of Tennessee
M2015-01410-CCA-R3-PC
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge Justin C. Angel

Petitioner, Michael Lamar Gaines, filed a motion to reopen post-conviction proceedings.  Because he failed to comply with the statutory requirements for seeking discretionary review of the dismissal of his motion, this Court has no jurisdiction over the case.  Accordingly, the appeal is dismissed.

Marion Court of Criminal Appeals

Michael Lamar Gaines v. State of Tennessee
M2015-01410-CCA-R3-PC
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge Justin C. Angel

Petitioner, Michael Lamar Gaines, filed a motion to reopen post-conviction proceedings.  Because he failed to comply with the statutory requirements for seeking discretionary review of the dismissal of his motion, this Court has no jurisdiction over the case.  Accordingly, the appeal is dismissed.

Marion Court of Criminal Appeals

State of Tennessee v. Jimmy Wilson
W2015-01786-CCA-R3-CD
Authoring Judge: Judge J. Ross Dyer
Trial Court Judge: Judge Chris Craft

The defendant, Jimmy Wilson, was indicted for theft of property valued at $1000 or more but less than $10,000, in violation of Tennessee Code Annotated section 39-14-103, after unlawfully receiving of $5,875.72 in travel reimbursements from the U.S. Department of Veterans Affairs. Following trial, a jury found the defendant guilty of the same. On appeal, the defendant argues that there was insufficient evidence to support his conviction. Following our review, we affirm the judgment of the trial court.

Shelby Court of Criminal Appeals

State of Tennessee v. Demarco Waters
W2015-01366-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge James M. Lammey, Jr.

The defendant, DeMarco Waters, was convicted by a Shelby County Criminal Court jury of premeditated first degree murder; three counts of attempted first degree murder, Class A felonies; attempted second degree murder, a Class B felony; and four counts of employing a firearm during the commission of a dangerous felony, Class C felonies. The defendant was sentenced to an effective term of life plus seventy-seven years. On appeal, the defendant argues that the evidence is insufficient to sustain his convictions and that the trial court abused its discretion in ordering consecutive sentencing. After review, we affirm the judgments of the trial court. However, we remand for entry of a corrected judgment in Count 6 to indicate that the conviction offense is a Class A felony.

Shelby Court of Criminal Appeals

Torian Dillard v. State of Tennessee
W2015-00579-CCA-R3-PC
Authoring Judge: Presiding Judge Thomas T. Woodall
Trial Court Judge: Judge Glenn Wright

The petitioner, Torian Dillard, was convicted in 2006 of aggravated kidnapping and sentenced to twenty years. His conviction was affirmed on direct appeal. State v. Torian Dillard, No. W2007-00911-CCA-R3-CD, 2008 WL 3342952, at *1 (Tenn. Crim. App. Aug. 11, 2008), perm. app. denied (Tenn. Feb. 2, 2009). He then filed a timely petition for post-conviction relief, alleging that trial counsel had been ineffective in that counsel failed to properly investigate the facts of the case or to provide a sufficient reason to dismiss a prospective juror and that the trial court erred in allowing the victim to sit facing the jury, with her back to the petitioner. After an evidentiary hearing, the post-conviction court denied relief; and, following our review, we affirm that order.

Shelby Court of Criminal Appeals

Tina Dawn Garner v. Scott Whitney Garner
W2016-01213-COA-T10B-CV
Authoring Judge: Judge Kenny Armstrong
Trial Court Judge: Judge Daniel L. Smith

This accelerated interlocutory appeal arises from the trial court's denial of Appellant's motion for recusal. Having reviewed the trial court's ruling on the motion for recusal pursuant to the de novo standard of review required under Tennessee Supreme Court Rule 10B, we affirm the judgment of the trial court.

Hardin Court of Appeals