APPELLATE COURT OPINIONS

This appeal arises from a judgment upholding a decision by the Administrative Procedures Division of the Tennessee Department of Children’s Services denying the appellant an award of reasonable expenses after a contested case hearing pursuant to Tennessee Code Annotated section 4-5-301, et. seq. Upon the appellant seeking judicial review, the trial court affirmed the decision by the Department. We affirm.

This is an appeal from a trial court’s decision to grant class action certification. Discerning no abuse of discretion in the trial court’s decision to certify the class at issue, we affirm.

This case arises from a car wreck. Following the accident, the at-fault driver was issued several citations for various violations of the City of Memphis traffic laws. The trial court denied Appellant’s motion for summary judgment, finding that Appellee’s lawsuit was not time barred. In so ruling, the trial court held that the citations given to the at-fault driver were criminal in nature and, thus, triggered the filing extension contemplated in Tennessee Code Annotated section 28-3-104(a)(2)(A). We granted this interlocutory appeal under Tennessee Rule of Appellate Procedure 10. Because the citations in this case were civil in nature, we conclude that the two-year statute of limitations is not applicable, and Appellee’s lawsuit is time-barred. We reverse the trial court’s order and remand for entry of an order granting Appellant’s motion for summary judgment.

After a hearing before the Metropolitan Historic Zoning Commission, the appellant homeowner was ordered to remove a covered porch addition that was constructed without a preservation permit, as the Commission determined that the addition did not comply with the applicable design guidelines. The homeowner filed a petition for writ of certiorari, and the chancery court held a de novo hearing on the matter. After the evidentiary hearing, the chancery court likewise determined that the unpermitted covered porch did not meet the applicable design guidelines, and the court ordered its removal. The homeowner appeals, arguing that her due process rights were violated due to untimely notice of the hearing before the Commission and that the chancery court erred in finding that her covered porch was not in compliance with the guidelines. We affirm.

The pro se Defendant, Nancy Abbie Tallent, was convicted by an Anderson County
Circuit Court jury of third offense driving under the influence (DUI) of an intoxicant and
third offense DUI per se. See T.C.A. § 55-10-401. The trial court merged the
convictions and sentenced the Defendant to eleven months and twenty-nine days in
confinement, with seventy-five percent service. On appeal, the Defendant contends that
(1) the trial court judge did not have authority to preside over her case; (2) no probable
cause existed for her arrest; (3) the State violated her right to a speedy trial; (4) she was
denied due process in numerous ways; (5) the State failed to meet its burden of proof; (6)
the jury verdict was not supported by the evidence; and (7) the trial court failed to act as a
thirteenth juror. We affirm the judgments of the trial court.

This appeal concerns the change of custody and the relocation of a parent, as well as an evidentiary issue concerning the denial of the admission of certain psychiatric records. Because the mother failed to provide an offer of proof in connection with the juvenile court’s ruling concerning the inadmissibility of the psychiatric records, we conclude that this evidentiary issue was not properly preserved for appellate review. Regarding the remaining issues, the juvenile court determined that a material change in circumstances had occurred and modified the parenting plan by designating the father as the primary residential parent and providing the father with the majority of the parenting time. Because we conclude that the juvenile court did not abuse its discretion in modifying the parenting plan, we affirm the juvenile court’s modification. Furthermore, as discussed herein, we affirm the juvenile court’s decision permitting the father to relocate.

This appeal arises from the termination of a tenured schoolteacher. The trial court determined that the termination constituted an impermissible second punishment for conduct for which the schoolteacher had previously been suspended and ordered his reinstatement. Finding that the termination letter charged the schoolteacher with conduct which was not contemplated in the suspension letter, and with conduct which had not occurred at the time of the suspension, we reverse.

The Defendant, Jimmy Richard Burrow II, pleaded guilty to aggravated burglary, a Class C felony; possession of methamphetamine, a Class A misdemeanor; possession with intent to sell or deliver a Schedule V controlled substance, a Class E felony; and possession of a firearm after a felony drug conviction, a Class C felony. See T.C.A. §§ 39-13-1003 (Supp. 2020) (subsequently amended) (aggravated burglary), 39-17-434(a)(4) (2018) (possession of methamphetamine), 39-17-417(a)(4) (Supp. 2020) (subsequently amended) (possession of a Schedule V controlled substance), 39-17-1307(c)(1) (2018) (subsequently amended) (possession of a firearm). He received an effective ten-year sentence to be served in confinement but was subsequently released to a residential drug recovery program. The Defendant violated the terms and conditions of the recovery program, and, after a hearing, the trial court ordered the Defendant to serve his sentence. On appeal, the Defendant contends that the trial court erred by failing to consider alternative sentencing and the Defendant’s amenability to future rehabilitation. We affirm the judgment of the trial court.

Appellee filed a petition to modify parenting time and child support, and Appellant filed a countermotion and a Tennessee Supreme Court Rule 10B motion for recusal of the trial judge. The trial court did not enter an order on Appellant’s motion for recusal, and there was no order transferring the case to another judge by interchange. The new judge made substantive rulings, and Appellant filed a motion to alter or amend asserting that the judge lacked subject-matter jurisdiction over the case because the requirements of Tennessee Supreme Court Rules 11 and 10B were not met. We agree. Vacated and remanded.

Mother appeals the trial court’s ruling approving her request to relocate with the parties’ older daughter but denying her request with regard to the parties’ younger son. We affirm.

This is an accelerated interlocutory appeal as of right pursuant to Tennessee Supreme Court Rule 10B § 2.02 from the trial court’s denial of a motion for recusal. We have determined that the petition must be summarily dismissed because the petition for recusal appeal was untimely and the time for filing a petition for recusal appeal is jurisdictional and cannot be extended by this court. See Tenn. Sup. Ct. R. 10B, § 2.08. We also find that the petition would have to be dismissed due to numerous and substantive failures to comply with Rule 10B § 2.02, including the failure to file a copy of the affidavit in support of the motion for recusal as well as the trial court’s order denying recusal. Accordingly, the appeal is dismissed.

A Shelby County jury convicted the Defendant, Laverick Clark, of one count of attempted first degree murder with serious bodily injury, one count of attempted first degree murder, two counts of especially aggravated burglary, one count of aggravated assault, and one count of stalking. The trial court sentenced the Defendant to a total effective sentence of twenty-five years. On appeal, the Defendant contends that the trial court erred when it denied his motion for a mistrial and when it sentenced him. He also contends the evidence was insufficient to support his conviction for attempted first degree murder. Following our review, we affirm the trial court’s judgments.

A Knox County jury convicted the Defendant, Bryan Anthony Capps, of two counts of sexual battery, two counts of sexual battery by an authority figure, and one count of violating the Sexual Offender Registry. The trial court sentenced the Defendant to an effective eight-year sentence to be served in the Tennessee Department of Correction. In his appeal, the Defendant argues that (1) the evidence was insufficient to show that the Defendant qualified as an authority figure or that he conducted an overnight visit at a residence with minors present; (2) the trial court’s oath as administered to the minor witnesses, which included a “pinky promise,” amounted to an improper comment on their credibility; (3) the trial court erred by allowing the prosecution to question a defense witness about felony convictions more than ten years old; and (4) the trial court erred by denying split confinement and by imposing consecutive sentences. Upon our review, we respectfully affirm the judgments of the trial court.

The Defendant, Charles Lynell Sims, pled guilty in the Knox County Criminal Court to aggravated assault, a Class C felony, in exchange for a Range II sentence of eight years, with the manner of service left to the trial court’s determination. Following a sentencing hearing, the trial court ordered the Defendant to serve the entire eight-year sentence in confinement.  On appeal, the Defendant argues that the trial court abused its discretion in ordering a sentence of total confinement.  Based on our review, we affirm the judgment of the trial court.

The Defendant, Sergio Rangel, was convicted by a Knox County Criminal Court jury of facilitation of aggravated burglary, a Class D felony, and sentenced by the trial court as a Range I, standard offender to four years, suspended to three years of supervised probation following twelve months of confinement. The sole issue the Defendant raises on appeal is whether the evidence is sufficient to sustain his conviction. Based on our review, we affirm the judgment of the trial court but remand for entry of a corrected judgment to reflect the correct conviction offense. 

This appeal arises from an action to recover excess proceeds from the tax sale of a parcel of real property. After the redemption period had ended, the appellants, heirs to the decedent whose property was sold at the tax sale, moved to claim the excess proceeds pursuant to Tennessee Code Annotated § 67-5-2702. The appellee, a company that had held a valid judgment lien against the real property at the time of the tax sale, also moved to claim the excess proceeds, arguing that its lien held priority over the heirs’ claim pursuant to § 67-5-2702(c)(2). The heirs objected, asserting that because the company had allowed its judgment lien to lapse after the tax sale, the company no longer maintained priority to claim the excess proceeds from that sale. The trial court granted the company’s motion, determining that because its judgment lien had been valid and enforceable at the time of the tax sale, the company maintained priority over the heirs to receive the excess proceeds pursuant to § 67-5-2702(c)(2). Discerning no reversible error, we affirm.

After the denial of a motion to suppress, Charles Ivie Porter, Defendant, pled guilty to two counts of possession of methamphetamine with the intent to sell in exchange for the dismissal of seven additional drug charges in two separate cases.  He received an effective sentence of twelve years in incarceration.  Pursuant to the plea agreement, the parties reserved a certified question of law for appeal under Tennessee Rule of Criminal Procedure 37(b)(2).  After a review, we determine that we do not have jurisdiction to address the certified question because it does not meet the requirements of Rule 37(b)(2) and State v. Preston, 759 S.W.2d 647 (Tenn. 1988). Therefore, we dismiss the appeal.

The Defendant, Artevious Moore, Jr., pled guilty to theft of property and was placed on judicial diversion. Thereafter, the Defendant pled guilty to aggravated assault, leaving sentencing to the trial court. He also agreed to have the trial court rescind his judicial diversion, enter an adjudication of guilt as to the theft charge, and allow the court to impose the sentence. After a consolidated sentencing hearing, the court denied alternative sentencing and sentenced the Defendant to three years for the aggravated assault conviction and two years for the theft conviction. The trial court ordered the sentences to be aligned consecutively for an effective sentence of five years to be served in confinement. The Defendant appealed, challenging the consecutive sentences and the denial of alternative sentencing. Upon our review, we respectfully affirm the trial court’s judgments.

This appeal stems from an inmate’s lawsuit seeking a transfer to another facility due to a claimed imminent risk of violence from other inmates.  Benjamin Douglas (“Plaintiff”) sued Frank Strada, Commissioner of the Tennessee Department of Correction, and the Tennessee Department of Correction (“TDOC”) (“Defendants,” collectively) in the Chancery Court for Hardeman County (“the Trial Court”), asking for injunctive and declaratory relief based on the safe prisons clause of the Tennessee Constitution.  Defendants filed a motion to dismiss, which the Trial Court granted.  The Trial Court found that it lacked jurisdiction because Plaintiff failed to exhaust his administrative remedies.  Plaintiff appeals.  We hold, inter alia, that exhaustion of administrative remedies was not jurisdictional in this case; that the Trial Court abused its discretion in applying the exhaustion doctrine when Defendants failed to properly raise that affirmative defense; and that the Trial Court erred in considering matters outside the complaint at the motion to dismiss stage without converting the motion to one for summary judgment.  We reverse and remand for further proceedings.

This case involves an unlawful detainer action filed by a community development center against a tenant for failure to pay rent and for unruly conduct.  The detainer action ultimately resulted in the tenant’s eviction and a monetary judgment against the tenant for delinquent rent payments.  The tenant now appeals the judgment of the trial court.  Because the tenant’s appellate brief does not comply with Tennessee Rule of Appellate Procedure 27 and Tennessee Court of Appeals Rule 6, we hereby dismiss the appeal.

Defendant, Travis Andrew Harris, was convicted of first degree premeditated murder and
possession of a firearm by a felon convicted of a violent crime. The trial court imposed an
effective sentence of life plus twelve years. On appeal, Defendant contends that the
evidence at trial as to his premeditation and identity was insufficient to support his murder
conviction. We conclude that the evidence was sufficient and affirm Defendant’s
conviction. The judgments of the trial court are affirmed.

This action involves the termination of a mother’s parental rights to her minor children. Following a bench trial, the court found that clear and convincing evidence existed to establish the following statutory grounds of termination: (1) abandonment for failure to provide a suitable home; (2) substantial noncompliance with the permanency plans; (3) persistence of conditions which led to removal; and (4) failure to manifest an ability and willingness to assume custody of the children. The court also found that termination was in the best interest of the children. We affirm the trial court’s termination decision.

Stacy Michelle Cochran, Defendant, entered an open plea of guilty to three felonies and one misdemeanor. Following a sentencing hearing, the trial court sentenced her as a Range II multiple offender to an effective sentence of twenty-four years to be served at 35%, plus eleven months and 29 days to be served at 75%. Defendant claims that the State entered into a plea agreement for her to be sentenced as a Range I offender and that the trial court erred in sentencing her as a Range II offender. Because the record on appeal, which does not contain the transcript of the plea submission hearing or the transcript of the sentencing hearing, is inadequate for meaningful appellate review, we are precluded from addressing the issue. The judgment of the trial court is affirmed. 

The Defendant, Raymond Mefford, was convicted of two counts of aggravated assault following a bench trial in the Robertson County Circuit Court. He was sentenced to serve four years in confinement. On appeal, the Defendant challenges the trial court’s denial of alternative sentencing, arguing that the trial court should have offered the elderly and homeless Defendant rehabilitative treatment in the form of housing assistance or work programs. Following our review, we affirm.

Petitioner, Doyle Wayne Mason, Jr., appeals the denial of his post-conviction petition,
arguing that the post-conviction court erred in denying his claims that trial counsel was
ineffective by failing to object to the State’s closing argument, failing to adequately advise
him concerning the State’s plea offer, and failing to move to exclude discovery received
on the eve of trial. Petitioner further argues that appellate counsel was ineffective for
failing to raise on direct appeal the issue of Juror 2’s presence on the jury. Following our
review of the entire record and the briefs of the parties, we affirm the judgment of the postconviction
court.