State of Tennessee v. Jeffrey Cochran
E2022-00600-CCA-R3-CD
Authoring Judge: Judge Robert H. Montgomery, Jr.
Trial Court Judge: Judge Andrew Mark Freiberg

The Defendant, Jeffrey Cochran, was convicted by a McMinn County Criminal Court jury of aggravated kidnapping, for which he is serving a nine-year sentence. See T.C.A. § 39- 13-304(a)(5) (2018). On appeal, he contends that (1) the trial court erred in denying, in part, his motion to suppress, (2) the trial court erred in denying his motion for a continuance, (3) the evidence is insufficient to support his conviction, and (4) his sentence is excessive. We affirm the judgment of the trial court.

McMinn Court of Criminal Appeals

State of Tennessee v. Mustafah Brummell
M2022-00383-CCA-R3-CD
Authoring Judge: Judge Camille R. McMullen
Trial Court Judge: Judge Angelita Blackshear Dalton

A Davidson County jury convicted the Defendant-Appellant, Mustafah Brummell, of two
counts of aggravated robbery, for which he received an effective sentence of twenty-eight
years’ imprisonment. On appeal, the sole issue presented for our review is whether the
evidence is sufficient to support his convictions. We affirm.

Davidson Court of Criminal Appeals

Rodger E. Broadway v. State of Tennessee
E2022-00489-CCA-R3-PC
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge Steven Wayne Sword

Rodger E. Broadway, Petitioner, sought relief from his 2003 convictions for first degree felony murder, especially aggravated robbery, and aggravated rape, which were the result of guilty pleas, claiming that trial counsel told him he could not file for post-conviction relief and that the trial court deprived him of his fundamental right to represent himself. The post-conviction court found that the petition was not timely filed and that Petitioner was not entitled to due process tolling and summarily dismissed the petition. After a thorough review of the record, we affirm.

Knox Court of Criminal Appeals

William E. Blake, Jr. v. State of Tennessee
E2022-00125-CCA-R3-PC
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge Bob R. McGee

William E. Blake, Jr., Petitioner, claims that he is entitled to post-conviction relief because he received ineffective assistance of counsel and because the jurors in his trial were not impartial and were influenced by their fear of the victim’s family. Following a hearing on the merits, the trial court dismissed the Petition. Discerning no error, we affirm.

Knox Court of Criminal Appeals

State of Tennessee v. Timothy Curtis Greenman
M2021-01061-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Forest A. Durard, Jr.

A Lincoln County jury convicted the Defendant, Timothy Curtis Greenman, of three counts
of sexual exploitation of a minor more than 100 images and one count of sexual
exploitation of a minor more than fifty images, and the trial court sentenced him to a total
effective sentence of thirty years of incarceration. On appeal, the Defendant contends that:
(1) the trial court erred when it denied his motion to suppress; (2) the evidence is
insufficient to sustain his convictions; (3) the trial court erred when it denied his motion
for new trial; and (4) the trial court erred when it sentenced him. After review, we affirm
the trial court’s judgments.

Lincoln Court of Criminal Appeals

Muhammad Javed v. Bano Nasim Baig
M2022-00331-COA-R3-CV
Authoring Judge: Judge Carma Dennis McGee
Trial Court Judge: Judge Phillip R. Robinson

This is an appeal from a final order of absolute divorce. The trial court granted the divorce based on a finding that both parties committed inappropriate marital conduct. The wife appeals. We dismiss the appeal.

Davidson Court of Appeals

In Re Stephen H. et al.
M2022-00674-COA-R3-PT
Authoring Judge: Judge Thomas R. Frierson, II
Trial Court Judge: Judge Ken Witcher

In this case involving termination of the father’s parental rights to his children, the trial court found that several statutory grounds for termination had been proven by clear and convincing evidence. The trial court further found that clear and convincing evidence demonstrated that termination of the father’s parental rights was in the children’s best interest. The father has appealed. Having determined that clear and convincing evidence did not support the trial court’s finding of the statutory abandonment ground of failure to support, we reverse the trial court’s judgment with respect to this ground. We affirm the trial court’s judgment in all other respects, including the termination of the father’s parental rights.

Macon Court of Appeals

Mark Seybold, et al. v. Sheldon J. Metz, et al.
M2022-00290-COA-R3-CV
Authoring Judge: Judge Arnold B. Goldin
Trial Court Judge: Judge J. Mark Rogers

This case involves a petition for contempt filed against the defendant arising out of a
dispute over an easement. The plaintiff maintained that the defendant violated the court’s
prior order implementing a permanent injunction with regard to the easement. The trial
court dismissed the petition finding that the plaintiff had not proven the requisite elements
of contempt. We affirm.

Cannon Court of Appeals

Carrie Elizabeth Bean v. Jordon Estes Bean
M202-00394-COA-R3-CV
Authoring Judge: Presiding Judge J. Steven Stafford
Trial Court Judge: Judge Joe Thompson

Mother appeals the trial court's decision to award equal parenting time after making no findings regarding her allegations of abuse by Father. Because the trial court stated that there was no evidence of abuse in the record despite the plethora of relevant testimony by both parties, we are unable to ascertain the trial court's reasoning.  We therefore vacate the trial court's judgment and remand for further findings.

Sumner Court of Appeals

Benjamin McCurry v. Agness McCurry
E2022-01278-COA-R3-CV
Authoring Judge: Per Curiam
Trial Court Judge: Senior Judge Thomas J. Wright

Because the order appealed from does not constitute a final appealable judgment, this Court lacks jurisdiction to consider this appeal.

Washington Court of Appeals

State of Tennessee, Ex Rel. Herbert Slatery III v. The Witherspoon Law Group PLLC, Et Al.
E2021-01343-COA-R3-CV
Authoring Judge: Judge Carma Dennis McGee
Trial Court Judge: Chancellor Pamela A. Fleenor

This appeal involves an action brought by the State of Tennessee for alleged violations of Tennessee’s statutes regarding the unauthorized practice of law and the Tennessee Consumer Protection Act. The State of Tennessee claimed that the defendants improperly solicited clients who were in the process of making funeral arrangements for their recently deceased children. Following a trial, a jury returned a verdict unanimously finding in favor of the State of Tennessee and assessing civil penalties against the defendants. Accordingly, the trial court entered judgment against the defendants. The defendants appeal. We affirm and remand for further proceedings consistent with this opinion.

Hamilton Court of Appeals

Kyndra N. Abernathy v. Icker Derek Barile
E2022-00081-COA-R3-CV
Authoring Judge: Judge Kristi M. Davis
Trial Court Judge: Judge Gregory S. McMillan

Kyndra Abernathy (“Petitioner”) petitioned the trial court for an order of protection against Icker Derek Barile (“Respondent”), alleging that he sexually assaulted her. After a hearing at which each party proceeded pro se, the trial court issued a one-year protective order, finding that Respondent engaged in sexual penetration without Petitioner’s consent and continued after she told him to stop. Respondent appeals, arguing that the trial court erred by considering irrelevant and inadmissible evidence and that its decision was against the weight of the evidence. We affirm.

Knox Court of Appeals

State of Tennessee v. Priscilla A. Barnett
W2021-00951-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Donald H. Allen

A Madison County jury convicted the Defendant, Priscilla Ann Barnett, of one count of first degree premediated murder, one count of felony murder during the perpetration of aggravated child abuse, and two counts of aggravated child abuse. The trial court merged the murder convictions and imposed an effective sentence of life imprisonment. On appeal, the Defendant contends that (1) the evidence is insufficient to support her convictions; (2) the trial court erred in denying her request for funds to retain a mental health expert; and (3) the trial court erroneously imposed consecutive sentences. After review, we affirm the trial court’s judgments.

Madison Court of Criminal Appeals

Lexington Charter L.P. ET AL v. FBT of Tennessee INC.
W2021-01138-COA-R3-CV
Authoring Judge: Judge Arnold B. Goldin
Trial Court Judge: Chancellor JoeDae L. Jenkins

After counsel for the plaintiff partnership filed a claim for attorney fees in the counsel’s firm’s own name, limited partners of the partnership sought a right of intervention to oppose the firm’s claim. The trial court denied the limited partners’ efforts to intervene. We reverse the trial court’s conclusion that intervention was not appropriate, vacate the award giving relief to the firm, and remand the case for further proceedings with the limited partners’ participation as intervening parties.

Shelby Court of Appeals

Michelle Shoemaker v. Stanley Dickerson, Warden
W2022-00620-CCA-R3-HC
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Blake Neill

The Petitioner, Michelle Shoemaker, is appealing the trial court’s summary dismissal of her habeas corpus petition. After reviewing the parties’ briefs and the record on appeal, the court finds that this is an appropriate matter for affirmance under Court of Criminal Appeals Rule 20.

Lauderdale Court of Criminal Appeals

In Re Anna W. ET AL.
W2022-00657-COA-R3-PT
Authoring Judge: Judge Arnold B. Goldin
Trial Court Judge: Judge Christy R. Little

This is a termination of parental rights case. The mother appeals the trial court's order terminating her parental rights, arguing that it erred in denying her motion to continue the trial and in considering hearsay evidence in its best interests analysis. For the reasons discussed herein, we affirm in part and reverse in part the trial court's order terminating mother's parental rights.

Madison Court of Appeals

James Keith Eudaley v. U.S. Bank National Association
M2021-00344-COA-R3-CV
Authoring Judge: Judge W. Neal McBrayer
Trial Court Judge: Judge Amanda Jane McClendon

A loan was secured by a deed of trust on the borrower’s real property. When the borrower repaid the loan in full, the bank paid a fee to record a deed of release. The bank then sought reimbursement of the fee from the borrower. The borrower filed a putative class action suit, alleging that Tennessee law prohibited the bank from seeking reimbursement of the recording fee. The trial court dismissed the complaint, concluding that federal regulations preempted the borrower’s claims. We affirm.

Davidson Court of Appeals

Jacob Scott Hughes v. State of Tennessee
M2022-00186-CCA-R3-PC
Authoring Judge: Judge Camille R. McMullen
Trial Court Judge: Judge Mark J. Fishburn

The Petitioner-Appellant, Jacob Scott Hughes, appeals from the denial of his petition seeking post-conviction relief from his convictions of first-degree felony murder and aggravated child abuse, for which he was sentenced, respectively, to life and twenty-five years’ imprisonment, to be served consecutively, as a result of the death of the sixteenmonth- old daughter of his girlfriend. State v. Jacob Scott Hughes, No. M2016-01222- CCA-R3-CD, 2017 WL 3724457, at *1 (Tenn. Crim. App. Aug. 29, 2017), no perm. app. filed. In this appeal, the Petitioner argues that he was denied effective assistance of counsel based on trial counsel’s failure to pursue plea negotiations, failure to obtain a forensic pathologist to provide expert testimony, and failure to prevent a reference to the phrase, “Hammer Skin” during trial. 1 Upon our review, we affirm.

Davidson Court of Criminal Appeals

State of Tennessee v. Kirsten Janine Williams
W2021-01071-CCA-R3-CD
Authoring Judge: Judge Kyle A. Hixson
Trial Court Judge: Judge Donald H. Allen

The Defendant, Kirsten Janine Williams, was convicted by a jury of aggravated assault, aggravated kidnapping, and aggravated burglary. She received an effective 15-year sentence to be served at 100-percent. On appeal, the Defendant challenges the sufficiency of the evidence supporting her convictions, arguing that there was no proof she ever held a gun, that the victim was free to leave, and that she entered the victim’s residence with consent. Following our review of the record and applicable authorities, we find the evidence sufficient to support the Defendant’s convictions and affirm.

Madison Court of Criminal Appeals

Bryant Jackson Harris v. State of Tennessee
E2022-00446-CCA-R3-PC
Authoring Judge: Judge John W. Campbell, Sr.
Trial Court Judge: Judge John F. Dugger, Jr.

The Petitioner, Bryant Jackson Harris, appeals the Hawkins County Criminal Court’s denial of his post-conviction petition, seeking relief from his convictions of first degree premeditated murder, first degree felony murder, and aggravated burglary and resulting effective sentence of life in confinement. On appeal, the Petitioner contends that he received the ineffective assistance of trial counsel. Based upon the oral arguments, the record, and the parties’ briefs, we affirm the judgment of the post-conviction court.

Hawkins Court of Criminal Appeals

State of Tennessee v. Nicholas J. Walden
M2022-00255-CCA-R3-CD
Authoring Judge: Judge Jill Bartee Ayers
Trial Court Judge: Judge Brody N. Kane

Defendant, Nicholas J. Walden, appeals the trial court’s order revoking his probationary sentence for theft of property valued between $1,000 and $10,000 and ordering him to serve his original four-year sentence in confinement. Following our de novo review of the entire record and the briefs of the parties, we affirm the judgment of the trial court.

Wilson Court of Criminal Appeals

STATE OF TENNESSEE v. NICHOLAS J. WALDEN
M2022-00255-CCA-R3-CD
Authoring Judge: Judge Jill Bartee Ayers
Trial Court Judge: Judge Brody N. Kane

Defendant, Nicholas J. Walden, appeals the trial court’s order revoking his probationary
sentence for theft of property valued between $1,000 and $10,000 and ordering him to
serve his original four-year sentence in confinement. Following our de novo review of the
entire record and the briefs of the parties, we affirm the judgment of the trial court

Wilson Court of Criminal Appeals

STJ, L.P. v. Wanda Kaye Duke Frensley et al.
M2021-00920-COA-R3-CV
Authoring Judge: Judge Arnold B. Goldin
Trial Court Judge: Chancellor Patricia Head Moskal

This case involves a decedent’s alleged wrongful transfer of real property, without fair
consideration, out of a limited partnership in which he had served as general partner.
Presently at issue is the trial court’s dismissal of claims brought against the personal
representative of the decedent’s estate and the decedent’s wife. Although the partnership
appeals the decision of the trial court and challenges, among other things, the trial court’s
determination that a claim involving breach of fiduciary duty by the decedent is timebarred,
we affirm the trial court’s judgment for the reasons stated herein.

Davidson Court of Appeals

State of Tennessee v. Kevin Dewayne Stinnett
M2021-01266-CCA-R3-CD
Authoring Judge: Judge Camille R. McMullen
Trial Court Judge: Judge M. Wyatt Burk

A Marshall County Circuit Court jury convicted the Defendant-Appellant, Kevin Dewayne Stinnett, of possession of heroin with the intent to sell or deliver, possession of .5 grams or more of cocaine with the intent to sell or deliver, simple possession of methamphetamine, simple possession of marijuana, and possession of drug paraphernalia, and the trial court imposed an effective sentence of eighteen years’ incarceration. See Tenn. Code Ann. §§ 39-17-417(a)(4), -418(a), -425(a)(1). On appeal, Stinnett argues: (1) the evidence is insufficient to sustain his convictions; (2) the trial court erred in denying his motion to continue his trial; and (3) the trial court erred in imposing partially consecutive sentences and in denying an alternative sentence. We affirm the judgments of the trial court.

Marshall Court of Criminal Appeals

In Re Aiden W.-L.
W2021-01187-COA-R3-JV
Authoring Judge: Judge Kenny Armstrong
Trial Court Judge: Judge Dan H. Michael

In this custody case, Appellant/Mother asserts that the trial court erred in its best interest analysis by failing to consider the preference of the minor child under Tennessee Code Annotated section 36-6-106(a)(13). As such, she contends that the trial court erred in designating Father/Appellee the primary residential parent. Discerning no error, we affirm.

Shelby Court of Appeals