APPELLATE COURT OPINIONS

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Vincent Howard v. State of Tennessee

W2007-00322-CCA-R3-PC
Authoring Judge: Presiding Judge Joseph M. Tipton
Originating Judge:Chris B. Craft
Shelby County Court of Criminal Appeals 12/01/10
03C01-9603-CC-00124

03C01-9603-CC-00124
Hamblen County Court of Criminal Appeals 12/01/10
State vs. Doris Debuhr

02C01-9804-CC-00117

Originating Judge:John Franklin Murchison
Madison County Court of Criminal Appeals 12/01/10
State of Tennessee v. Bernard J. Henry

W2003-03045-CCA-R3-CD
Authoring Judge: Presiding Judge Joseph M. Tipton
Originating Judge:Arthur T. Bennett
Shelby County Court of Criminal Appeals 12/01/10
Purkey vs. State

03C01-9607-CC-00257
Cocke County Court of Criminal Appeals 12/01/10
State vs. Andre Goss

02C01-9809-CC-00294
Obion County Court of Criminal Appeals 12/01/10
Hamilton vs. State

03C01-9611-CR-00439

Originating Judge:Stephen M. Bevil
Hamilton County Court of Criminal Appeals 12/01/10
State vs. Henry Christopher Johnson

E1999-02501-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Douglas A. Meyer
Hamilton County Court of Criminal Appeals 12/01/10
Miles vs. State

03C01-9701-CC-00029
Jefferson County Court of Criminal Appeals 12/01/10
State vs. Tallent

03C01-9703-CR-00086
Monroe County Court of Criminal Appeals 12/01/10
01C01-9406-CC-00233

01C01-9406-CC-00233
Lincoln County Court of Criminal Appeals 12/01/10
State vs. Jack Norris & Ernest Ray Meadows

03C01-9704-CR-00137
Court of Criminal Appeals 12/01/10
State vs. Cartwright

03C01-9611-CR-00413

Originating Judge:Mayo L. Mashburn
Bradley County Court of Criminal Appeals 12/01/10
01C01-9501-CC-00008

01C01-9501-CC-00008

Originating Judge:J. O. Bond
Wilson County Court of Criminal Appeals 12/01/10
John Doe v. Jane Doe

M2003-01142-SC-S25-BP

The petitioner, an attorney identified as John Doe, filed a petition for contempt alleging violations by the respondent, an attorney identified as Jane Doe, of the confidentiality requirement of Rule 9, section 25 of the Rules of the Tennessee Supreme Court. The Court directed the parties to address as a threshold matter the constitutionality of Rule 9, section 25. After considering the arguments of the parties, the Attorney General and amicus curiae, and analyzing the applicable law, we hold that section 25 of Rule 9 violates free speech protections of Article I, section 19 of the Tennessee Constitution and the First Amendment to the United States Constitution. We further conclude that sanctions for criminal contempt are not appropriate under the circumstances of this case. Accordingly, the petition for contempt is denied.

Authoring Judge: Justice William M. Barker
Jackson County Supreme Court
Dorothy Owens, as Conservator of Mary Francis King, et al. v. National Health Corporation, et al.

M2005-01272-SC-R11-CV
Authoring Judge: Justice Janice M. Holder
Originating Judge:Robert E. Corlew, III
Rutherford County Supreme Court
Cybill Shepherd v. Weather Shield Manufacturing, Inc.

W1999-00508-COA-R3-CV

The plaintiff brought suit against a manufacturer of windows and doors for allegedly supplying defective products which allowed substantial leaks into her dwelling and caused rotting because of excessive moisture. Following a nonjury trial, the trial court denied the plaintiff's claim pursuant to the Tennessee Consumer Protection Act but awarded judgment to the plaintiff on her claim that the defendant supplied defective doors and windows. Based upon our review, we affirm the trial court's denial of the Tennessee Consumer Protection Act claim. Finding that the plaintiff did not provide notice to the defendant of its allegedly defective product within the applicable statute of limitations, we reverse the award of damages to the plaintiff and dismiss her complaint.

Authoring Judge: Special Judge Alan E. Glenn
Originating Judge:Chancellor Walter L. Evans
Shelby County Court of Appeals
In Re Zoey O. Et Al.

E2022-00500-COA-R3-PT

Mother appeals the trial court’s termination of her parental rights as to her two oldest
children. As grounds for termination the trial court found abandonment for failure to
provide a suitable home, substantial noncompliance with the permanency plan, persistent
conditions, severe child abuse, and failure to manifest a willingness and ability to assume
custody. The trial court also found that termination was in the best interest of both children.
We find that clear and convincing evidence supports the trial court’s findings as to the
grounds for termination and the best interests of the children. Accordingly, we affirm the
trial court’s judgment.

Authoring Judge: Judge Jeffrey Usman
Originating Judge:Judge Timothy E. Irwin
Court of Appeals
Jaselyn Grant v. State of Tennessee

W2022-01453-CCA-R3-PC

The petitioner, Jaselyn Grant, appeals the denial of her petition for post-conviction relief,
which petition challenged her convictions of second degree murder, reckless
endangerment, and aggravated assault, alleging that she was deprived of effective
assistance of counsel at trial. Because the petitioner has failed to establish that she is
entitled to post-conviction relief, we affirm the judgment of the post-conviction court.

Authoring Judge: Judge James Curwood Witt, Jr.
Originating Judge:Judge Chris Craft
Shelby County Court of Criminal Appeals
Lesa Johnson v. South Central Human Resource Agency, Roy Tipps, Executive Director, and John Ed Underwood, Jr., Deputy Director

01A01-9503-CH-00104

This is an action pursued by the appellant, Lesa Johnson (Johnson), for the alleged wrongful termination of her employment with South Central Human Resource Agency (SCHRA). The Chancery Court for Bedford County dismissed the complaint upon motion of the appellees, SCHRA, and its executive and deputy directors, Roy Tipps and John Ed Underwood, Jr., respectively.

Authoring Judge: Judge David R. Farmer
Originating Judge:Chancellor Tyrus H. Cobb
Bedford County Court of Appeals
Kristina Cole v. State of Tennessee

W2022-01245-CCA-R3-PC

Petitioner, Kristina Cole, appeals the denial of post-conviction relief from her Shelby
County convictions for two counts of conspiracy to possess 300 grams or more of
methamphetamine with the intent to sell or deliver in a drug-free zone and two counts of
possession of 300 grams or more of methamphetamine with intent to sell or deliver in a
drug-free zone. Petitioner contends that she was denied the effective assistance of counsel
based upon counsel’s failure to: (1) object to irrelevant and prejudicial text messages
introduced at trial; (2) file a Bruton motion; (3) contest that Petitioner tracked the package
containing the methamphetamine; (4) adequately prepare for trial; (5) object when the State
argued that Petitioner’s silence implied guilt; (6) object when the prosecutor “testified
during closing argument in order to bolster his own credibility”; and (7) object when the
prosecutor intentionally misrepresented evidence during closing argument. Petitioner
further asserts that she is entitled to relief based on cumulative error. Following a thorough
review, we affirm the judgment of the post-conviction court.

Authoring Judge: Judge Robert L. Holloway, Jr.
Originating Judge:Judge J. Robert Carter, Jr.
Shelby County Court of Criminal Appeals


The petitioner, Denver Joe McMath, Jr., appeals the denial of his post-conviction petition, arguing the post-conviction court erred in finding he received effective assistance of counsel at trial and on appeal. After our review of the record, briefs, and applicable law, we affirm the denial of the petition.



Mother appeals the trial court’s termination of her parental rights. She argues that the trial court erred in holding that clear and convincing evidence established that she engaged in conduct exhibiting a wanton disregard for the welfare of the child prior to her incarceration and that termination was in the child’s best interest. We have determined that there is clear and convincing evidence in the record to support both of the trial court’s findings. We affirm.

Crockett County Court of Appeals
In Re Klowii W., Et Al.

E2022-01789-COA-R3-PT

This is a parental rights termination case. The Tennessee Department of Children’s
Services (“DCS”) filed a petition in the Juvenile Court for Knox County (“the Juvenile
Court”) seeking to terminate the parental rights of Trent W. (“Father”) to his minor children
Klowii W. and Mariah W. (collectively, “the Children”). After a hearing, the Juvenile
Court entered an order terminating Father’s parental rights to the Children. The Juvenile
Court found by clear and convincing evidence that DCS had proven the grounds of
abandonment by failure to provide a suitable home, substantial noncompliance with the
permanency plans, persistent conditions, and failure to manifest an ability and willingness
to assume custody. The Juvenile Court also found by clear and convincing evidence that
termination of Father’s parental rights is in the Children’s best interest. Father appeals,
arguing that DCS failed to prove either grounds or best interest. We find that all four
grounds found by the Juvenile Court were proven by the requisite clear and convincing
evidence. We further find by clear and convincing evidence, as did the Juvenile Court, that
termination of Father’s parental rights is in the Children’s best interest. We affirm.

Authoring Judge: Judge D. Michael Swiney, C.J.
Originating Judge:Judge Timothy E. Irwin
Knox County Court of Appeals