APPELLATE COURT OPINIONS

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State vs. Terrence Hannah

01C01-9711-CC-00540

Originating Judge:John H. Gasaway, III
Robertson County Court of Criminal Appeals 12/01/10
State vs. Lester Page

02C01-9605-CR-00176
Shelby County Court of Criminal Appeals 12/01/10
Nichols vs. State

03C01-9803-CR-00106
Johnson County Court of Criminal Appeals 12/01/10
X2010-0000-XX-X00-XX

X2010-0000-XX-X00-XX
Hamilton County Court of Criminal Appeals 12/01/10
State vs. Jeffery Braden

02C01-9607-CR-00208
Shelby County Court of Criminal Appeals 12/01/10
James E. Swiggett vs. State

03C01-9804-CR-00161

Originating Judge:James E. Beckner
Greene County Court of Criminal Appeals 12/01/10
State vs. Kenneth Clay

02C01-9610-CC-00323

Originating Judge:Joe G. Riley. Jr.
Lake County Court of Criminal Appeals 12/01/10
02C01-9611-CC-00403

02C01-9611-CC-00403

Originating Judge:Joe B. Jones
Lake County Court of Criminal Appeals 12/01/10
Darrell W. Lunsford vs. State

03C01-9811-CC-00390

Originating Judge:Rex Henry Ogle
Grainger County Court of Criminal Appeals 12/01/10
02C01-9604-CR-00122

02C01-9604-CR-00122

Originating Judge:Chris B. Craft
Shelby County Court of Criminal Appeals 12/01/10
State vs. James Harris

03C01-9901-CC-00007
Anderson County Court of Criminal Appeals 12/01/10
02C01-9603-CC-00080

02C01-9603-CC-00080

Originating Judge:John F. Murchison
Madison County Court of Criminal Appeals 12/01/10


The Williamson County Grand Jury indicted Tony Dale Crass, Defendant, with driving under the influence (DUI), DUI per se, and possession of a firearm while under the influence. Defendant moved to suppress the evidence, arguing that the State did not have probable cause or reasonable suspicion for the traffic stop and that video evidence of Defendant’s driving was erased and deleted as a result of a malfunctioning recording system in Tennessee Highway Patrol (THP) Trooper Joey Story’s patrol car. The trial court concluded that the loss of video evidence constituted a violation of the State’s duty to preserve potentially exculpatory evidence recognized in State v. Ferguson, 2 S.W.3d 912 (Tenn. 1999), and deprived Defendant of the right to a fair trial. The trial court granted the motion to suppress and dismissed the indictment, and the State appealed. We conclude that the video was not lost or destroyed by the State, (2) that a Ferguson violation is not applicable to a suppression hearing based on reasonable suspicion or probable cause for a traffic stop, (3) that the trial court misapplied the “degree of negligence” Ferguson factor by equating perceived public policy decisions on the part of the State to negligence, and (4) that Defendant’s right to a fair trial can be protected without dismissal of the indictment. We reverse the judgment of the trial court, reinstate the indictment, and remand for further proceedings.



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
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
Daniel B. Taylor v. Donal Campbell, et al.

M1998-00913-COA-R3-CV

This appeal involves a dispute between a prisoner and the Department of Correction regarding the prisoner's request for access to the Department's rules governing prisoner sentence credits. The Department responded by informing the prisoner that its policies governing prisoner sentence reduction credits could be found in the prison law library. Thereafter, the prisoner filed suit in the Chancery Court for Davidson County complaining that he had been wrongfully denied access to public records. The Commissioner of Correction moved to dismiss the complaint. Alternatively, the Commissioner sought a summary judgment and supported his motion with affidavits asserting that the prisoner had already received all the information he sought. Based on these affidavits, the trial court granted the Commissioner's summary judgment motion and dismissed the prisoner's complaint. We have determined that the Commissioner has not demonstrated that he is entitled to a judgment as a matter of law and, therefore, reverse the summary dismissal of the prisoner's complaint.

Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Irvin H. Kilcrease, Jr.
Davidson County Court of 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
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




Cedric Dickerson (“the Petitioner”) was convicted by a jury of first degree felony murder and aggravated robbery. The trial court sentenced the Petitioner to life without the possibility of parole for his first degree felony murder conviction and eleven years for his aggravated robbery conviction and ordered the sentences to run concurrently. On direct appeal, this Court affirmed the trial court’s judgments. See State v. Cedric Dickerson, No. 02C01-9802-CR-00051, 1999 WL 74213, at *4 (Tenn. Crim. App. Feb. 17, 1999). The Petitioner subsequently filed for post-conviction relief, which the post-conviction court denied following a post-conviction hearing. The Petitioner now appeals, arguing that “the Eighth Amendment should prohibit life without parole sentences for juvenile offenders.” Upon our thorough review of the record and the applicable law, we affirm the post-conviction court’s decision denying relief.

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
April Wallace, Vickie Guinn, et al., v. National Bank of Commerce, et al.

02S01-9509-CV-00074

This case presents for review the decision of the Court of Appeals affirming the trial court's award of summary judgment for the defendants. The trial court found that the
record shows, as a matter of law, that the defendant banks did not breach the duty of good faith in imposing fees for returned checks drawn on accounts with insufficient funds.
This Court concurs in the decision made by the trial court and the Court of Appeals.

Authoring Judge: Justice Lyle Reid
Originating Judge:Judge James M. Tharpe
Shelby County Supreme Court
WELFT, LLC v. Larry Elrod Et Al.

M2024-00489-COA-R3-CV

This appeal arises out of a dispute over commercial real property. The appellees have moved to dismiss the appeal as untimely. Because the appellants did not file their notice of appeal within the time permitted by Tennessee Rule of Appellate Procedure 4, we dismiss the appeal.

Authoring Judge: Per Curiam
Originating Judge:Chancellor J. B. Cox
Rutherford County Court of Appeals