In Re Connor A.
M2024-01236-COA-R3-PT
Authoring Judge: Presiding Judge J. Steven Stafford
Trial Court Judge: Judge Greg B. Perry

Mother appeals the termination of her parental rights on grounds of (1) abandonment by failure to visit; (2) abandonment by failure to support; (3) abandonment by failure to provide a suitable home; (4) substantial noncompliance with the permanency plans; (5) persistence of conditions; and (6) failure to manifest an ability and willingness to assume custody or financial responsibility of the child. Because the Tennessee Department of Children’s Services does not defend the grounds of abandonment by failure to provide a suitable home or substantial noncompliance with the permanency plans, we reverse as to those grounds. And because the trial court failed to make sufficient findings that returning the child to Mother would pose a likelihood of substantial harm, we vacate the ground of failure to manifest an ability and willingness to assume custody or financial responsibility of the child. Otherwise, we affirm the decision of the trial court to terminate Mother’s parental rights.

Michael Aveille on behalf of E.A. v. Bobby Moore
W2024-00679-COA-R3-CV
Authoring Judge: Judge John W. McClarty
Trial Court Judge: Judge Carol J. Chumney

This appeal concerns the entry of an order of protection. The alleged victim’s father filed the initiating petition based upon an allegation of stalking. We vacate the entry of the order of protection, finding no evidence to sustain the petition.

Tracy D. Boyd, Jr. v. State of Tennessee
W2023-01669-CCA-R3-PC
Authoring Judge: Judge Matthew J. Wilson
Trial Court Judge: Judge Joseph T. Howell

Tracy D. Boyd, Jr., Petitioner, pleaded guilty to three counts of impersonating a licensed professional, one count of theft of property, and one count of forgery. Petitioner subsequently filed a petition for post-conviction relief, alleging that the indictments against him were defective, that he had received the ineffective assistance of counsel, that his guilty plea was entered under duress, and prosecutorial misconduct. The post-conviction court summarily dismissed each of Petitioner’s allegations. Petitioner now timely appeals. After review, we remand this case to the post-conviction court for entry of a written order that sufficiently addresses all grounds presented by Petitioner, and which states the court’s findings of fact and conclusions of law regarding each ground as required by Tennessee Code Annotated section 40-30-111(b).

Glenard Cortez Thorne v. Brandon Watwood, Warden
W2024-01594-CCA-R3-HC
Authoring Judge: Judge Tom Greenholtz
Trial Court Judge: Judge Mark L. Hayes

In 2008, the Petitioner, Glenard Cortez Thorne, was convicted of two counts of especially aggravated kidnapping and sentenced to a term of twenty-one years for each conviction. In 2024, the Petitioner applied for a writ of habeas corpus, alleging that the trial court failed to consider a required statutory mitigating factor at sentencing. The habeas corpus court summarily dismissed the application, and the Petitioner appealed. Upon our review, we respectfully affirm the judgments of the habeas corpus court.

State of Tennessee v. Brandon Rashann Murray
M2024-00163-CCA-R3-CD
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge Robert T. Bateman

Brandon Rashann Murray, Defendant, admitted to violating the terms of his community corrections sentence. Following a hearing, the trial court ordered Defendant to serve the balance of his eight-year sentence in confinement. Defendant claims that the trial court erred in imposing a sentence of incarceration because his violations were technical in nature. Following our review, we affirm the judgment of the trial court.

State of Tennessee v. Gary Allen Jordan, Jr.
W2024-00462-CCA-R3-CD
Authoring Judge: Judge Matthew J. Wilson
Trial Court Judge: Judge Joseph T. Howell

A Madison County jury convicted Defendant, Gary Allen Jordan, Jr., of fifty-five offenses, including charges of possession of methamphetamine with intent to sell or deliver, possession of cocaine with intent to sell or deliver, possession of heroin with intent to sell or deliver, possession of fentanyl with intent to sell or deliver, possession of marijuana with intent to sell or deliver, possession of a firearm by a convicted felon and possession of a firearm during the commission of a dangerous felony. The trial court imposed an effective sentence of sixty-six years’ confinement. On appeal, Defendant contends that the trial court erred in denying his motion to suppress evidence seized during the search of his vehicle and that the evidence was insufficient to support his convictions related to the possession of cocaine and marijuana and the possession of a firearm. After review, we affirm the judgments of the trial court.

Frank L. Slaughter, Jr. v. Board of Professional Responsibility of the Supreme Court of Tennessee
E2023-01567-SC-R3-BP
Authoring Judge: Justice Jeffrey S. Bivins
Trial Court Judge: Senior Judge Thomas J. Wright

A hearing panel of the Board of Professional Responsibility found that a Sullivan County attorney violated Rules 1.6, 4.4, and 8.4 of the Tennessee Rules of Professional Conduct after the attorney disclosed confidential information about a client’s case to third parties in a separate case. The hearing panel imposed a public censure as punishment. The attorney appealed, and the chancery court affirmed the hearing panel’s decision. The attorney now appeals to this Court, arguing that Tennessee Supreme Court Rule 9 violates his due process rights and that his actions did not amount to violations of Rules 1.6 and 4.4. After careful review, we affirm the judgment of the chancery court with regard to Rule 1.6. However, we reverse the chancery court’s judgment upholding the hearing panel’s finding that the attorney violated Rule 4.4.

Karen Formby Holmes v. George David Holmes
M2022-01195-COA-R3-CV
Authoring Judge: Judge W. Neal McBrayer
Trial Court Judge: Judge Ted A. Crozier

This appeal arises from a divorce.  The former husband challenges the classification and division of the marital estate.  Because the husband failed to comply with our procedural rules, we deem his issues waived and dismiss the appeal. 

Stephanie Allen, individually and surviving spouse and next-of-kin of Donald A. Allen, Deceased et al. v. Benjamin Dehner, M.D. et al.
M2023-01750-COA-R3-CV
Authoring Judge: Presiding Judge Frank G. Clement Jr.
Trial Court Judge: Judge Thomas W. Brothers

A husband and wife commenced this health care liability action by filing a complaint against a medical doctor and his practice. Along with their complaint, the couple filed a “Certificate of Good Faith” as required by Tennessee Code Annotated § 29-26-122(a), which requires certification that an expert has reviewed the available medical records “for the incident or incidents at issue” and that the expert believed there was “a good faith basis to maintain the action consistent with the requirements of § 29-26-115.” The original complaint alleged that the defendants caused severe permanent and physical injuries when they failed to properly diagnose and treat the husband’s cancer. After the husband died, the wife filed an amended complaint that alleged that the defendants’ negligence also caused the husband’s death. But the wife did not file a new certificate of good faith. For this reason, the defendants sought dismissal under Tennessee Code Annotated § 29-26-122(c). The trial court granted the motion, and this appeal followed. The issue is whether § 29-26-122(a) requires plaintiffs to file a new certificate of good faith with an amended complaint that alleges a new injury based on already-alleged negligent acts by existing defendants. In Sirbaugh v. Vanderbilt University, 469 S.W.3d 46 (Tenn. Ct. App. 2014) we held that a new certificate is required when adding new defendants to existing claims. And in Estate of Vickers v. Diversicare Leasing Corp., No. M2021-00894-COA-R3-CV, 2022 WL 2111850 (Tenn. Ct. App. June 13, 2022), we held that a new certificate is required when adding new allegations of negligence against existing defendants. Accordingly, we conclude that a new certificate is required when adding an injury based on existing claims against existing defendants. For this and other reasons, we affirm the trial court’s judgment in all respects.

Justin M. Finch v. 28th Judicial District IV-D Child Support Agency, et al.
W2024-00646-COA-R3-CV
Authoring Judge: Judge W. Neal McBrayer
Trial Court Judge: Chancellor Michael Mansfield

The trial court dismissed the appellant’s petition on a Tennessee Rule of Civil Procedure 12.02 motion. Because the appellant’s brief falls well short of the requirements of both the Tennessee Rules of Appellate Procedure and the rules of this Court, we dismiss the appeal.

State of Tennessee v. Robert David Morse
E2024-00580-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Gary S. McKenzie

A Cumberland County jury convicted the Defendant, Robert David Morse, of first degree premeditated murder, and the trial court sentenced him to life in prison. On appeal, the Defendant contends that the evidence is insufficient to sustain his conviction and that the trial court committed two evidentiary errors: (1) admitting multiple autopsy photographs depicting the victim's body; and (2) limiting his cross-examination of Agent Davenport about the Defendant's statement to the police. After review, we affirm the trial court's judgment. 

Stephanie Allen, individually and surviving spouse and next-of-kin of Donald A. Allen, Deceased et al. v. Benjamin Dehner, M.D. et al. (concurring in part/dissenting in part)
M2023-01750-COA-R3-CV
Authoring Judge: Judge Jeffrey Usman
Trial Court Judge: Judge Thomas W. Brothers

In considering this appeal, the majority thoughtfully moves through the labyrinthian requirements of Tennessee health care liability actions. While the majority’s analysis presents a well-considered direction to go, I cannot follow their route for its full course. Holding onto statutory language that hopefully serves the role of the thread used by Theseus in navigating out of the labyrinth, 1 I believe that the proper way back through the maze follows that statutory thread along a different path. Accordingly, I concur in part and dissent in part.

Ina Grace Jacobi v. VendEngine Inc.
M2023-01459-COA-R3-CV
Authoring Judge: Judge Andy D. Bennett
Trial Court Judge: Judge Adrienne Gilliam Fry

Ina Grace Jacobi sued VendEngine, Inc. (“VendEngine”), alleging that she was wrongfully arrested due to VendEngine’s negligent design and operation of an inmate messaging system. The trial court determined that the gravamen of Ms. Jacobi’s claim was for malicious prosecution and granted summary judgment to VendEngine after concluding she failed to prove the elements of that claim. Ms. Jacobi appealed. Discerning no error, we affirm the trial court’s decision.

State of Tennessee v. Paul Michael Cheairs
W2024-00312-CCA-R3-CD
Authoring Judge: Judge Jill Bartee Ayers
Trial Court Judge: Judge Joseph T. Howell

Defendant, Paul Michael Cheairs, was convicted by a Madison County jury of two counts of possession of marijuana with intent to sell and or deliver, two counts of possession of drug paraphernalia, one count of misdemeanor unlawful possession of a firearm, and one count of possession of a firearm by a convicted felon. The trial court imposed an effective sentence of seventeen years. Defendant appeals, arguing that the evidence was insufficient to support his convictions and that the trial court erred in admitting a rap video made after the arrest, by allowing expert testimony from a lieutenant, and in sentencing. Upon our review of the entire record, the briefs of the parties, and the applicable law, we affirm the judgments of the trial court.

Nehad Abdelnabi v. Fatma Adel Sekik
E2023-00128-COA-R3-CV
Authoring Judge: Judge John McClarty
Trial Court Judge: Senior Judge Don R. Ash

This appeal concerns the trial court’s grant of a petition for civil contempt for failure to comply with orders regarding the division of marital assets and awards of spousal and child support against the husband and his relatives, who held an interest in the properties at issue. We affirm the trial court’s grant of orders of civil contempt against all parties. We also conclude that this appeal is frivolous and remand for an assessment of damages.

State of Tennessee v. David Kaiser
E2024-00606-CCA-R3-CD
Authoring Judge: Judge Robert H. Montgomery, Jr.
Trial Court Judge: Judge Steven Wayne Sword

The Defendant, David Kaiser, appeals from his guilty pleaded convictions for two counts
of theft of property valued at $10,000 or more but less than $60,000, a Class C felony;
burglary, a Class D felony; theft of property valued at $2,500 or more but less than $10,000,
a Class D felony; and misdemeanor drug possession, a Class A misdemeanor. See T.C.A.
§§ 39-14-103 (2018) (theft of property); 39-14-105 (2018) (grading of theft); 39-13-1002
(Supp. 2021) (burglary); 39-17-418 (2018) (misdemeanor drug possession). The
Defendant agreed to an effective ten-year sentence as a Range II offender, with the manner
of service to be determined by the trial court. On appeal, the Defendant contends that the
court erred by denying his request for alternative sentencing. We affirm the judgments of
the trial court.

State of Tennessee v. Michael Richard Penley
E2024-00793-CCA-R3-CD
Authoring Judge: Judge Robert H. Montgomery, Jr.
Trial Court Judge: Judge Amanda B. Dunn

The Defendant, Michael Richard Penley, appeals from the Hamilton County Criminal
Court’s probation revocation of the effective six-year sentence he received for his guiltypleaded
convictions for misdemeanor theft, two counts of evading arrest, reckless
endangerment, driving while in possession of methamphetamine, attempted possession
with the intent to sell methamphetamine, and reckless aggravated assault. On appeal, the
Defendant contends that the trial court abused its discretion by revoking his probation and
ordering him to serve the remainder of his sentence in confinement. We affirm the
judgment of the trial court.

Torsaunt Lamont Shanklin v. State of Tennessee
M2024-00604-CCA-R3-PC
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge William R. Goodman, III

After being convicted by a jury of multiple drug charges, possession of a firearm during the commission of or attempt to commit a dangerous felony, and three alternative counts of possession of a firearm by a convicted felon, Torsaunt Lamont Shanklin, Petitioner, was sentenced to an effective sentence of thirty-five years in incarceration.  His direct appeal challenging the denial of a motion to suppress was unsuccessful.  State v. Shanklin, No. M2019-01896-CCA-R3-CD, 2021 WL 1082043, at *1 (Tenn. Crim. App. Mar. 22, 2021), perm. app. denied (Tenn. May 12, 2021).  Petitioner sought post-conviction relief primarily based on ineffective assistance of counsel. After a hearing, the post-conviction court denied relief.  We affirm the judgment of the post-conviction court.

State of Tennessee v. Tony Stafford
W2024-00637-CCA-R3-CD
Authoring Judge: Judge Jill Bartee Ayers
Trial Court Judge: Judge Jennifer Fitzgerald

Defendant, Tony Stafford, was convicted by a Shelby County jury of aggravated rape. The trial court sentenced Defendant as a Range I offender to twenty-five years. On appeal, Defendant claims that the State’s pre-indictment delay constituted a due process violation and that the evidence was insufficient to support his conviction. Defendant filed a motion requesting waiver of his untimely notice of appeal; however, he failed to file a timely motion for new trial before the trial court. We elect to waive the untimely notice of appeal in the interest of justice. However, because Defendant’s motion for new trial was not timely filed, we address only Defendant’s challenge to the sufficiency of the evidence. Upon review of the record, legal authority, and the parties’ briefs, we affirm the judgment of the trial court.

State of Tennessee v. Edwin Reeves
E2024-01052-CCA-R3-CD
Authoring Judge: Judge Robert H. Montgomery, Jr.
Trial Court Judge: Judge Steven Wayne Sword

The Defendant, Edwin Reeves, was convicted by a Knox County Criminal Court jury of
criminally negligent homicide and possession with the intent to sell or to deliver a schedule
II controlled substance in a drug-free zone. He later pleaded guilty to a second count of
possession with the intent to sell or to deliver a schedule II controlled substance in a drugfree
zone. The trial court imposed an effective nine-year sentence. The Defendant filed a
motion to correct an illegal sentence pursuant to Tennessee Rule of Criminal Procedure
36.1, which the trial court summarily dismissed for the failure to state a colorable claim.
On appeal, the Defendant contends that the trial court erred in denying relief. We affirm
the judgment of the trial court.

Thompson School Road Neighborhood Association Et Al. v. Knox County, Tennessee, Et Al.
E2024-00310-COA-R3-CV
Authoring Judge: Judge John McClarty
Trial Court Judge: Judge William T. Ailor

This appeal arises from a declaratory judgment action regarding a decision of the Knox County Commission to amend zoning for the subject property. The trial court affirmed the rezoning. Finding no error, we affirm the ruling of the trial court.

Donald K. Moore, Jr. v. State of Tennessee
M2024-00547-CCA-R3-PC
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge Angelita Blackshear Dalton

Petitioner, Donald K. Moore, Jr., appeals the summary dismissal of his petitions seeking post-conviction relief from his 1996 convictions for first degree murder and especially aggravated robbery in case number 96-C-1428 and second degree murder in case number 96-C-1423, for which he was sentenced to life, twenty years, and twenty-one years’ incarceration, respectively. The post-conviction court concluded that, even if Petitioner’s allegations were taken as true, he would not be entitled to relief and summarily dismissed the petitions. Discerning no error, we affirm the judgment of the post-conviction court.

Glenya Cole-Jackson v. Costco Wholesale Corporation d/b/a Costco
W2023-01563-COA-R3-CV
Authoring Judge: Chief Judge D. Michael Swiney
Trial Court Judge: Judge Rhynette N. Hurd

This is an appeal from a directed verdict in a personal injury lawsuit. Glenya Cole-Jackson (“Plaintiff”) sued Costco Wholesale Corporation d/b/a Costco (“Defendant”) in the Circuit Court for Shelby County (“the Trial Court”) over an incident in which she was hit by a shopping cart pulled by one of Defendant’s employees. The case went before a jury. At the close of Plaintiff’s proof, Defendant moved for a directed verdict. The Trial Court granted the motion, finding that Plaintiff failed to submit evidence that the shopping cart incident caused her injuries. Plaintiff appeals. Contrary to Tennessee Rule of Appellate Procedure 27 and Rule 6 of the Tennessee Court of Appeals, Plaintiff’s brief fails to cite the record. In addition, the record contains no transcript or statement of evidence of the trial, hence we have no basis for determining that the Trial Court erred. We find that Plaintiff has waived her issues. We affirm.

Brendan Todd Negron v. Andrew Nicholas Roach
M2024-00299-COA-R3-CV
Authoring Judge: Judge Jeffrey Usman
Trial Court Judge: Special Master Dana Ballinger

Petitioner’s ex-wife became romantically involved with the Respondent. The Petitioner sought an order of protection for himself and his children against the Respondent, asserting that the Respondent stalked him and his children. The Respondent opposed the petition, asserting that he had only ever been near the Petitioner for the legitimate purpose of protecting Petitioner’s ex-wife and children from Petitioner, who has a troubling history of violence and who allegedly continued to emotionally harm the children during their online visitation. The General Sessions Court concluded that the Petitioner failed to prove stalking and declined to grant an order of protection. Petitioner advanced the petition to Circuit Court. The Circuit Court also refused to grant an order of protection and found that the Petitioner made knowingly false allegations at the time of filing his order of protection petition. Accordingly, the Circuit Court awarded attorney’s fees and costs to the Respondent. The Petitioner appeals. We affirm.

State of Tennessee v. Grover Beverly
E2024-00484-CCA-R3-CD
Authoring Judge: Special Judge D. Kelly Thomas, Jr.
Trial Court Judge: Judge James L. Gass

The Defendant, Grover Beverly, was convicted by a Sevier County jury of two counts of rape of a child, for which he received an effective sentence of eighty years' incarceration. On appeal, the Defendant challenges the sufficiency of the convicting evidence. Following our review of the record, we affirm the judgments of the trial court.