State of Tennessee v. Deshaun Ward
M2022-01264-CCA-R3-CD
Authoring Judge: Judge Robert H. Montgomery, Jr.
Trial Court Judge: Judge James A. Turner

The Defendant, Deshaun Ward, appeals from the Rutherford County Circuit Court’s revocation of the probation that he had received for his negotiated plea to reckless vehicular homicide and two counts of vehicular assault. On appeal the Defendant contends that he did not receive the effective assistance of counsel at his probation revocation hearing. We affirm the judgment of the trial court.

Rutherford Court of Criminal Appeals

JCR, LLC Et Al. v. Vicki Hance Et Al.
E2022-00765-COA-R3-CV
Authoring Judge: Judge Kristi M. Davis
Trial Court Judge: Judge William T. Ailor

Purchaser of real property at a non-judicial foreclosure sale brought an unlawful detainer
action against the original homeowners when they refused to vacate the property after the
sale. The homeowners brought a separate action against their mortgage servicer and the
purchaser alleging, inter alia, wrongful foreclosure. The trial court dismissed the
homeowners’ complaint against the purchaser and granted the purchaser’s motion for
summary judgment with regard to the detainer action because there was no genuine issue
of material fact as to whether the purchaser was entitled to possession of the property.
Finding no error, we affirm the judgment of the trial court.

Court of Appeals

State of Tennessee v. Jerry Ray Mullins
W2022-01363-CCA-R3-CD
Authoring Judge: Judge Jill Bartee Ayers
Trial Court Judge: Judge Donald H. Allen

The Chester County Grand Jury indicted Defendant, Jerry Ray Mullins, for the first-degree
murder of the victim, Samantha Melendez. Following a jury trial, he was convicted of the
lesser-included offense of second degree murder. The trial court imposed a twenty-twoyear
sentence to be served in the Department of Correction. On appeal, Defendant argues
that the evidence is insufficient to sustain his conviction because he acted in self-defense
when he shot the victim twice in the head. Following our review of the entire record and
the parties’ briefs, we affirm the judgment of the trial court.

Chester Court of Criminal Appeals

Elizabeth Christmas v. John M. Kington
E2022-00699-COA-R3-CV
Authoring Judge: Judge D. Michael Swiney
Trial Court Judge: Judge W. Jeffrey Hollingsworth

Elizabeth Christmas and John M. Kington were romantically involved for many years.
When the parties’ relationship ended, Dr. Kington reported to the Hamilton County
Sheriff’s Office (“the Sheriff’s Office”) the theft of several items of jewelry from his home.
At the conclusion of the Sheriff’s Office’s investigation, a grand jury indicted Ms.
Christmas for theft of property valued at more than $250,000. The State of Tennessee (“the
State”) later dismissed the charge of theft before the case proceeded to trial. Ms. Christmas
subsequently filed a complaint and an amended complaint against Dr. Kington in the
Hamilton County Circuit Court (“Trial Court”) alleging, inter alia, malicious prosecution
and abuse of process. Dr. Kington filed a motion for summary judgment, which the Trial
Court granted. Ms. Christmas appealed. Discerning no reversible error, we affirm the
judgment of the Trial Court.

Court of Appeals

State of Tennessee v. Benjamin Spencer Brown
E2022-00577-CCA-R3-CD
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge Barry A. Steelman

The defendant, Benjamin Spencer Brown, appeals the trial court’s imposition of
consecutive sentences for his Hamilton County Criminal Court jury convictions of
criminally negligent homicide and reckless endangerment. Discerning no error, we affirm.

Hamilton Court of Criminal Appeals

State of Tennessee v. Sean Longmire
E2022-01436-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Steven Wayne Sword

A Knox County jury convicted the Defendant, Sean Longmire, of one count of first degree
murder and three counts of attempted first degree murder. On appeal, the Defendant asserts
that the evidence is insufficient to support his convictions. After a thorough review, we
affirm the judgments of the trial court.

Knox Court of Criminal Appeals

Antonia Andreana Smith v. Anthony Kenyatta Smith
W2022-00704-COA-R3-CV
Authoring Judge: Presiding Judge J. Steven Stafford
Trial Court Judge: Chancellor Gadson W. Perry

In this divorce action, Wife appeals the trial court’s classification and distribution of assets,
formation of a parenting plan, and calculation of Husband’s child support obligation. Wife
also appeals the denial of her petition for criminal contempt. As appellee, Husband raises
issues regarding the allocation of the parties’ equity in the marital property, the enrollment
of the child in private school, and the distribution between the parties of education expenses
for the child. Upon review, we affirm the trial court’s decisions regarding the division of
the parties’ property after minor modification, vacate the trial court’s decisions regarding
child custody and child support, and remand the case to the trial court for further
proceedings. Wife is barred from appealing the denial of her criminal contempt petition
and we decline to award Wife her attorney’s fees incurred on appeal.

Shelby Court of Appeals

State of Tennessee v. Derrick Johnson
W2022-00425-CCA-R3-CD
Authoring Judge: Presiding Judge Camille R. McMullen
Trial Court Judge: Judge Glenn Ivy Wright

A Shelby County Criminal Court jury convicted the Defendant, Derrick Johnson, of
conspiracy to possess with the intent to sell 150 grams or more of heroin in Count 1 and
conspiracy to possess with the intent to deliver 150 grams or more of heroin in Count 2,
and the trial court imposed an effective sentence of eighteen years. On appeal, the
Defendant argues (1) the evidence is insufficient to sustain his convictions; (2) the trial
court abused its discretion in allowing the State to present evidence of the November 19,
2017 phone conversations on redirect examination; (3) the trial court abused its discretion
in failing to replay the October 25, 2017 phone recordings for the jury; (4) the trial court
abused its discretion in denying his motion for a mistrial after the prosecutor, during its
rebuttal closing argument, improperly commented on the Defendant’s constitutional right
to remain silent; and (5) the trial court abused its discretion in imposing an effective
eighteen-year sentence. After review, we remand the case for entry of corrected judgment
forms in Counts 1 and 2 as specified in this opinion. In all other respects, the judgments of
the trial court are affirmed.

Shelby Court of Criminal Appeals

Tracy Darrell Adkins v. Rhonda Forlaw Adkins
M2022-00986-COA-R3-CV
Authoring Judge: Presiding Judge J. Steven Stafford
Trial Court Judge: Judge Michael Binkley

This is an appeal from a divorce decree that was initially entered in 2017, but the divorce action was not finalized until 2022. In this appeal, Wife argues that the trial court should not have divorced the parties because there were no valid grounds for divorce. Because the parties executed a valid marital dissolution agreement agreeing to be divorced on the ground of irreconcilable differences, we affirm the trial court’s decision to declare the parties divorced. We modify the divorce decree, however, to provide that Wife is awarded the divorce on that ground, consistent with the parties’ agreement. We further award Husband his attorney’s fees as required under the marital dissolution agreement.

Williamson Court of Appeals

Elizabeth Rutan-Ram et al. v. Tennessee Department of Children’s Services et al.
M2022-00998-COA-R3-CV
Authoring Judge: Judge Andy D. Bennett
Trial Court Judge: Chancellor Ellen Hobbs Lyle

The plaintiffs, a prospective adoptive couple and six other Tennessee taxpayers, brought this declaratory judgment action challenging the constitutionality of Tenn. Code Ann. § 36-1-147, which allows private child-placing agencies that receive state funding to deny services to prospective foster or adoptive parents based upon the agencies’ religious beliefs. A three-judge panel concluded that the plaintiffs lacked standing to challenge the statute. We have determined that the plaintiffs have standing and reverse the decision of the three-judge panel.

Davidson Court of Appeals

State of Tennessee v. Marquette Benson a/ka/ Mukes
W2022-01811-CCA-R3-CD
Authoring Judge: Judge John W. Campbell, Sr.
Trial Court Judge: Judge Chris Craft

The pro se Defendant, Marquette Benson, aka Marquette Mukes, appeals the summary
denial of his September 6, 2022 Tennessee Rules of Criminal Procedure 36.1 motion to
correct an illegal sentence. Because it is clear that the Defendant’s September 6, 2022
filing is merely a request for the trial court to reconsider its denial of the Defendant’s first
Rule 36.1 motion, which was summarily denied on October 4, 2021 for failure to state a
colorable claim, we dismiss the appeal for lack of jurisdiction.

Shelby Court of Criminal Appeals

State of Tennessee v. Casey Dewayne Hodge
E2022-00303-CCA-R3-CD
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge Steven Wayne Sword

Pursuant to Tennessee Rule of Criminal Procedure 37, the defendant, Casey DeWayne
Hodge, appeals one certified question of law related to the trial court’s denial of his motion
to dismiss in which he alleged a speedy trial violation and two certified questions of law
related to the trial court’s denial of his motion to suppress in which he challenged the
constitutionality of a traffic stop. Discerning no error, we affirm. We remand for entry of
judgments on Counts 2 and 3 reflecting that the charges were dismissed in accordance with
the plea agreement.

Knox Court of Criminal Appeals

State of Tennessee v. James Stephen Carder
M2022-00641-CCA-R3-CD
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge Forest A. Durard, Jr.

Defendant, James Stephen Carder, was indicted by the Marshall County Grand Jury for 36 counts of theft of property in amounts ranging from less than $1,000 to $60,000 and two counts of aggregate theft in an amount greater than $60,000 but less than $250,000. Five of the theft counts were dismissed after the close of the State’s proof, and a petit jury convicted Defendant of 24 theft counts and both aggregate theft counts. The trial court merged those individual theft convictions involving the same victim and also merged the two counts of aggregate theft, and the court sentenced Defendant as a Range II offender to an effective 20 years’ incarceration and ordered him to pay $134,990 in restitution. In this appeal, Defendant argues that the evidence was insufficient to support his convictions, that the trial court lacked subject matter jurisdiction, and that law enforcement improperly investigated the case and interfered with his contracts. Having reviewed the entire record and the briefs of the parties, we affirm the judgments of the trial court. However, we remand this case to the trial court for entry of amended judgment forms to reflect the merger of the 24 individual theft convictions into count 37, the one aggregate theft conviction.

Marshall Court of Criminal Appeals

Mack Mandrell Loyde v. State of Tennessee
M2022-01132-CCA-R3-PC
Authoring Judge: Judge J. Ross Dyer
Trial Court Judge: Judge Jennifer Smith

The petitioner, Mack Mandrell Loyde, appeals the denial of his post-conviction petition, arguing the post-conviction court erred in finding he received the effective assistance of counsel. After our review of the record, briefs, and applicable law, we affirm the denial of the petition.

Davidson Court of Criminal Appeals

Glenard Cortez Thorne v. State of Tennessee
M2023-00294-CCA-R3-ECN
Authoring Judge: Judge J. Ross Dyer
Trial Court Judge: Judge Steve R. Dozier

The petitioner, Glenard Cortez Thorne, appeals the denial of his petition for writ of error coram nobis by the Davidson County Criminal Court, arguing the trial court erred in dismissing the petition because newly discovered evidence exists in his case. After our review, we conclude the petition is untimely and does not present a cognizable claim for coram nobis relief. Accordingly, we affirm the denial of the petition.

Davidson Court of Criminal Appeals

State of Tennessee v. Rodney Paul Beech
M2022-01213-CCA-R3-CD
Authoring Judge: Judge J. Ross Dyer
Trial Court Judge: Judge Joseph A. Woodruff

Following the denial of his motion to suppress, the defendant, Rodney Paul Beech, pled guilty to driving under the influence (“DUI”) and DUI per se and was sentenced to eleven months and twenty-nine days suspended to probation after service of forty-eight hours in jail. As a condition of his plea, the defendant reserved the right to appeal a certified question of law pursuant to Rule 37(b)(2) of the Tennessee Rules of Criminal Procedure, challenging the denial of his motion to suppress based on lack of reasonable suspicion for the stop of his vehicle. Upon our review, we conclude the defendant failed to properly certify the question of law pursuant to Rule 37(b)(2). Accordingly, this Court is without jurisdiction, and the appeal is dismissed.

Williamson Court of Criminal Appeals

Erick Bailey v. State of Tennessee
M2022-01752-CCA-R3-PC
Authoring Judge: Judge J. Ross Dyer
Trial Court Judge: Judge Jennifer Smith

The petitioner, Erick Bailey, appeals the post-conviction court’s denial of his petition for
fingerprint analysis under the Post-Conviction Fingerprint Analysis Act of 2021. After
review, we conclude the post-conviction court did not abuse its discretion in summarily
dismissing the petition and affirm the post-conviction court’s judgment.

Davidson Court of Criminal Appeals

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.

Cheatham Court of Criminal Appeals

State of Tennessee v. Hilton Lee Chatman
M2022-00377-CCA-R3-CD
Authoring Judge: Judge Jill Bartee Ayers
Trial Court Judge: Judge Forest A. Durard, Jr.

Defendant, Hilton Lee Chatman, was charged in an eleven-count indictment on drugrelated offenses. A jury convicted him of possession with intent to sell 0.5 grams or more of cocaine in Count 1; possession with intent to sell heroin in Count 3; possession of a firearm after having been previously convicted of a felony drug offense in Count 10; and possession of drug paraphernalia in Count 11. Defendant was found not guilty of the remaining seven counts of the indictment. The trial court sentenced Defendant as a Range II offender to a total effective sentence of twenty-four years and six months. On appeal, Defendant argues the evidence is insufficient to support his convictions, his sentence is excessive, his motion for new trial was erroneously denied, and the trial court failed to comply with Rule 11 of the Tennessee Rules of Criminal Procedure when it rejected his guilty plea. Following our review of the entire record, the briefs of the parties, and applicable authority, we affirm the judgments of the trial court.

Lincoln Court of Criminal Appeals

Dennis N. Etheredge et al. v. Estate of Doris Etheredge
M2022-00451-COA-R3-CV
Authoring Judge: Judge Jeffrey Usman
Trial Court Judge: Chancellor Ronald Thurman

A husband and wife each had multiple children from prior relationships. After their marriage, the husband and wife agreed to a contract that would control the distribution of their estates, with funds passing first to the surviving spouse and then to be distributed after the second spouse’s death among their children. Both husband and wife have since died. Husband’s children brought suit, arguing that the distribution of assets in husband’s final will is contrary to the contract. Awarding summary judgment to husband’s children in this declaratory judgment action, the trial court determined that the distribution of the husband’s estate is controlled by the terms of the contract. The wife’s estate appealed. We vacate and remand.

Putnam Court of Appeals

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.

Montgomery Court of Appeals

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.

Knox Court of Criminal Appeals

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.

Coffee Court of Criminal Appeals

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.

Rutherford Court of Criminal Appeals

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.

Dickson Court of Criminal Appeals