APPELLATE COURT OPINIONS

Charles Calhoun v. State of Tennessee

M2013-01942-CCA-R3-PC

Petitioner, Charles Deon Calhoun, pled guilty to two counts of aggravated robbery. He then filed a pro se petition for post-conviction relief, alleging ineffective assistance of counsel. The post-conviction court summarily dismissed the petition for failing to state a colorable claim for relief. Petitioner appealed, arguing that the court erred in dismissing his petition without holding an evidentiary hearing and without appointing counsel to assist in presenting his claim. Upon review of the record, we affirm the decision of the post-conviction court dismissing the petition.
 

Authoring Judge: Judge Jerry L. Smith
Originating Judge:Judge Seth Norman
Davidson County Court of Criminal Appeals 06/17/14
In Re Kason C. Et Al.

M2013-02624-COA-R3-PT

Father appeals the termination of his parental rights to his two children. The juvenile court found the Department of Children’s Services established four grounds for termination of father’s parental rights: 1) parent sentenced to ten or more years for any criminal act and the children are under eight years of age pursuant to Tenn. Code Ann. § 36-1-113(g)(6); 2) parent sentenced to more than two years for conduct against a child or sibling/half-sibling of the child who is the subject of the petition pursuant to Tenn. Code Ann. § 36-1-113(g)(5);
3) abandonment by wanton disregard pursuant to Tenn. Code Ann. §§ 36-1-113(g)(1) and 36-1-102(1)(A)(iv); and 4) substantial noncompliance with the permanency plan pursuant to Tenn. Code Ann. § 36-1-113(g)(2). The juvenile court also found that termination of Father’s rights was in the children’s best interest. Father appealed. We affirm.

Authoring Judge: Presiding Judge Frank G. Clement, Jr.
Originating Judge:Judge Donna Scott Davenport
Rutherford County Court of Appeals 06/17/14
Tavares D. Braden v. State of Tennessee

M2013-01340-CCA-R3-PC

Following a jury trial, petitioner, Tavares D. Braden, was convicted of the sale of less than 0.5 grams of cocaine, possession with intent to sell 0.5 grams or more of cocaine, promoting prostitution, possession of marijuana, and evading arrest, for which he received an effective eighteen-year sentence. Following an unsuccessful direct appeal, he filed a petition for post-conviction relief claiming two instances of ineffective assistance of counsel: (1) failure to advise him of his potential sentence exposure and (2) failure to adequately prepare for trial and prepare a defense. After an evidentiary hearing, the post-conviction court denied relief. Following our review, we affirm the judgment of the post-conviction court.

Authoring Judge: Judge Roger A. Page
Originating Judge:Judge Steve R. Dozier
Davidson County Court of Criminal Appeals 06/17/14
In Re Aaliyah R.

M2013-01882-COA-R3-PT

Mother appeals the termination of her parental rights. The trial court found four grounds for termination of Mother’s parental rights: substantial noncompliance with the requirements of the permanency plan, failure to support financially, failure to provide a suitable home, and persistence of conditions; the court also determined that termination was in the best interest of the child. Mother appeals arguing the evidence is insufficient to establish any of the grounds and that termination was in the child’s best interest. We have determined that the evidence clearly and convincingly supported two of the grounds, that of substantial noncompliance with the requirements of the permanency plan and persistence of conditions. We have also determined that termination was in the child’s best interest. Therefore, we affirm the termination of Mother’s parental rights.

Authoring Judge: Presiding Judge Frank G. Clement, Jr.
Originating Judge:Judge Donna Scott Davenport
Rutherford County Court of Appeals 06/17/14
State of Tennessee v. Jonathan T. Deal

E2013-02623-CCA-R3-CD

Jonathan T. Deal (“the Defendant”) filed a motion to correct an illegal sentence. The trial court summarily denied the Defendant’s motion, and this appeal followed. Upon our thorough review of the record and applicable law, we conclude that the Defendant set forth a colorable claim. Accordingly, we remand this matter to the trial court for further proceedings pursuant to Tennessee Rule of Criminal Procedure 36.1.

Authoring Judge: Judge Jeffrey S. Bivins
Originating Judge:Judge Carroll L. Ross
Polk County Court of Criminal Appeals 06/17/14
Jay Wilfong v. CRK Real Estate , LLC, Et Al

M2013-00188-COA-R3-CV

This case arose out of a contract for the sale of real estate. The contract included a provision requiring the buyer to make “commercially reasonable efforts” to sell the property, and to split any profits with the seller if the property was resold within 36 months. The buyer did not sell the property, and the seller brought suit, raising numerous claims, including breach of contract, breach of fiduciary duty, violations of the Real Estate Settlement Practices Act (RESPA), the Truth in Lending Act (TILA), the Fair Debt Collection Practice Act, the Consumer Protection Act, RICO, wrongful foreclosure, promissory fraud, civil conspiracy, collusion, intentional infliction of emotional distress, constructive trust, conversion and unjust enrichment. After a hearing, the trial court granted the buyer’s motion to dismiss thirteen of the seller’s claims, denied the motion to dismiss another six of his claims, and certified its order as final for the purposes of appeal under Tenn. R. Civ. P. 54.02. We affirm the trial court.
 

Authoring Judge: Senior Judge Don R. Ash
Originating Judge:Judge Charles K. Smith
Wilson County Court of Appeals 06/17/14
State of Tennessee v. William Creggar Snodgrass

E2013-01741-CCA-R3-CD

Appellant, William Creggar Snodgrass, was convicted of attempted rape, a Class C felony. The trial court sentenced appellant to eight years to be served in the Tennessee Department of Correction. On appeal, appellant argues that: (1) the trial court erroneously instructed the jury regarding flight; (2) the trial court erred in allowing testimony from an unsequestered witness; and (3) the evidence at trial was insufficient to support his conviction. Following our review of the parties’ briefs, the record, and the applicable law, we affirm the judgment of the trial court.

Authoring Judge: Judge Roger A. Page
Originating Judge:Judge Mary Beth Leibowitz
Knox County Court of Criminal Appeals 06/17/14
Tina Wilder v. Union County Board of Education

E2013-02459-COA-R3-CV

This appeal arises from the dismissal of a tenured teacher. The Union County Board of Education (“the Board”) dismissed Tina Wilder (“Wilder”) following an incident involving underage drinking at Wilder’s lake cabin. Wilder, contesting her dismissal, filed a petition for writ of certiorari in the Chancery Court for Union County (“the Trial Court”). The Trial Court concluded that the evidence sustained Wilder’s dismissal. Wilder raises several issues on appeal. We hold, inter alia, that Wilder was afforded due process, that the Trial Court applied the correct standard of review, and that the evidence supported the Trial Court’s decision. We affirm the judgment of the Trial Court.

Authoring Judge: Judge D. Michael Swiney
Originating Judge:Judge Andrew Tillman
Union County Court of Appeals 06/16/14
State of Tennessee v. Glenn Climer, Jr.

M2013-00651-CCA-R3-CD

Appellant, Glenn Climer, Jr., was indicted by the Rutherford County Grand Jury with attempted second degree murder, attempted aggravated child abuse, child abuse, assault, and resisting arrest. Appellant was convicted of attempted voluntary manslaughter, attempted aggravated child abuse, child abuse, assault, and resisting arrest. As a result, he was sentenced to a total effective sentence of twenty-six years, eleven months, and twenty-nine days. After the denial of a motion for new trial, Appellant sought this appeal. On appeal, the following issues are presented for our review: (1) whether the evidence is sufficient to support Appellant’s convictions for attempted voluntary manslaughter, attempted aggravated child abuse, and child abuse; (2) whether the trial court erred by allowing counsel for the State to present an improper argument; (3) whether Appellant’s conviction for child abuse violates double jeopardy; and (4) whether the trial court properly sentenced Appellant. After a review of the issues raised on appeal, this Court determines that the evidence was sufficient to support the offenses; Appellant waived any issue with regard to improper argument by failing to object at trial; Appellant’s convictions do not violate double jeopardy; and the trial court did not abuse its discretion in sentencing Appellant. Consequently, the judgments of the trial court are affirmed.
 

Authoring Judge: Judge Jerry L. Smith
Originating Judge:Judge David Bragg
Rutherford County Court of Criminal Appeals 06/16/14
David Frazier v. State of Tennessee

E2013-02563-CCA-R3-CD

The Defendant, David Frazier, appeals as of right from the Polk County Criminal Court’s summary dismissal of his motion to correct an illegal sentence. See Tenn. R. Crim. P. 36.1. The Defendant contends that the trial court erred by dismissing his motion without a hearing. The State concedes that the trial court erred. Following our review, we reverse the judgment of the trial court and remand the case for a hearing on the Defendant’s motion.

Authoring Judge: Judge D. Kelly Thomas, Jr.
Originating Judge:Judge Carroll L. Ross
Polk County Court of Criminal Appeals 06/16/14
Terry R. Whitefield v. State of Tennessee

M2013-02029-CCA-R3-PC

The petitioner, Terry R. Whitefield, appeals the denial of post-conviction relief from his 2012 Davidson County Criminal Court
guilty-pleaded convictions of aggravated sexual battery, for which he received a sentence of 16 years’ incarceration. In this appeal, the petitioner contends that he was denied the effective assistance of counsel and that his guilty pleas were not knowingly and voluntarily entered. Discerning no error, we affirm.

Authoring Judge: Judge James Curwood Witt, Jr.
Originating Judge:Judge Monte Watkins
Davidson County Court of Criminal Appeals 06/12/14
Kathy D. Palmore v. Linda K. Neal, Et Al.

M2013-02153-COA-R3-CV

Former employee brought an action for retaliatory discharge and intentional interference with employment. The trial court dismissed the complaint pursuant to Tenn. R. Civ. P. 12.02(6). Having determined the complaint failed to state a claim upon which relief can be granted, we affirm the dismissal.

Authoring Judge: Special Judge J. Mark Rogers
Originating Judge:Judge C. L. Rogers
Wilson County Court of Appeals 06/12/14
State of Tennessee v. Christopher Lee Richardson

M2013-01178-CCA-R3-CD

The defendant, Christopher Lee Richardson, appeals his Bedford County Circuit Court jury convictions of attempted theft of property valued at $1,000 or more but less than $10,000; disorderly conduct; simple possession of a Schedule IV controlled substance; resisting arrest; simple possession of a Schedule VI controlled substance; and attempted promotion of the manufacture of methamphetamine, claiming that the trial court erred by failing to grant his motion to sever the counts of the indictment; that the trial court erred by refusing to disqualify a juror; that the evidence is insufficient to support his convictions of attempted theft of property and attempted promotion of the manufacture of methamphetamine; and that the sentence is excessive. Discerning no error, we affirm the judgments of the trial court.

Authoring Judge: Judge James Curwood Witt, Jr.
Originating Judge:Judge Lee Russell
Bedford County Court of Criminal Appeals 06/12/14
State of Tennessee v. Paul Epps

W2013-02194-CCA-R3-CD

The Defendant, Paul Epps, appeals the trial court’s revocation of his probation and reinstatement of his original two-year sentence in the Department of Correction. On appeal, the Defendant argues that the record does not contain substantial evidence to show that a violation of probation occurred and that the trial court erred in failing to consider a disposition other than incarceration after revoking his probation. Upon our review, we affirm the judgment of the trial court.

Authoring Judge: Judge Camille R. McMullen
Originating Judge:Judge J. Weber McCraw
Fayette County Court of Criminal Appeals 06/12/14
Guy Graves v. State of Tennessee

W2013-01288-CCA-R3-PC

The Petitioner, Guy Graves, appeals from the denial of post-conviction relief by the Madison County Circuit Court. He was convicted of two counts of burglary and received an effective sentence of twenty-four years in the Tennessee Department of Correction. On appeal, the Petitioner argues that he received ineffective assistance of counsel. Upon review, we affirm the judgment of the post-conviction court.

Authoring Judge: Judge Camille R. McMullen
Originating Judge:Judge Donald H. Allen
Madison County Court of Criminal Appeals 06/12/14
State of Tennessee v. Billy Joe Harris

W2013-02310-CCA-R3-CD

Following a bench trial, the Defendant-Appellant, Billy Joe Harris, was convicted in the Obion County Circuit Court of violation of the sexual offender registry, a Class E felony. See T.C.A. § 40-39-208 (2012). The trial court imposed a one-year sentence with ninety days to be served in the county jail and the balance to be served on community corrections. The sole issue presented for our review is whether the evidence is sufficient to support the conviction. Upon review, we affirm the judgment of the trial court.

Authoring Judge: Judge Camille R. McMullen
Originating Judge:Judge William B. Acree Jr.
Obion County Court of Criminal Appeals 06/12/14
State of Tennessee v. Shawn Thompson

M2013-01274-CCA-R3-CD

The defendant, Shawn Thompson, was convicted after a jury trial of three counts of attempted voluntary manslaughter, a Class D felony; one count of reckless endangerment with a deadly weapon, a Class E felony; and one count of employing a firearm during the commission of a dangerous felony, a Class C felony. The trial court ordered the defendant’s attempted voluntary manslaughter convictions to run concurrently with one another, but ordered the reckless endangerment conviction to run consecutively to the first three counts and the weapons conviction to run consecutively to all counts. On appeal, the defendant asserts error in the trial court’s failure to dismiss the weapons charge in light of what he asserts is a material variance; in the trial court’s failure to charge the jury on the issue of self-defense; in the State’s improper argument to the jury; and in the trial court’s allegedly erroneous consideration of non-statutory factors in imposing a consecutive sentence. After a thorough review of the record, we affirm the judgments of the trial court.

Authoring Judge: Judge John Everett Williams
Originating Judge:Judge Dee David Gay
Sumner County Court of Criminal Appeals 06/11/14
Jerry Beech v. John Doe

M2013-02496-COA-R3-CV

The plaintiff in this case brought suit to recover uninsured motorist benefits. The insurance company moved for summary judgment contending that the plaintiff was not entitled to coverage because he was not “upon” the insured vehicle so as to “occupy” it. The trial court granted summary judgment in favor of the insurance company and we affirm.

Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Judge Robert L. Jones
Maury County Court of Appeals 06/11/14
State of Tennessee v. Jeffrey Wayne Rowe

M2013-02341-CCA-R3-CD

The defendant, Jeffrey Wayne Rowe, pleaded guilty to four counts of aggravated burglary, one count of attempted aggravated burglary, one count of vandalism, and two counts of misdemeanor theft, and the Marshall County Circuit Court sentenced him as a Range I, standard offender to a term of 10 years’ imprisonment. On appeal, the defendant challenges the manner of service of his sentence. Discerning no error, we affirm.

Authoring Judge: Judge James Curwood Witt, Jr.
Originating Judge:Judge Forest A. Durand, Jr.
Marshall County Court of Criminal Appeals 06/11/14
In Re: Conservatorship of Maurice M. Acree, Jr.

M2013-02588-COA-R3-CV

The trial court approved and affirmed the final accounting of a trust held in a conservatorship estate and closed the conservatorship following the death of the Ward. We affirm.

Authoring Judge: Judge David R. Farmer
Originating Judge:Judge Walter C. Kurtz
Davidson County Court of Appeals 06/11/14
State of Tennessee v. Robert D. Ewing and Anthony T. Ewing

E2013-01587-CCA-R3-CD

Robert D. Ewing (“Defendant Robert”) and Anthony T. Ewing (“Defendant Anthony”) (collectively “the Defendants”) each pleaded guilty to sexual exploitation of a minor. The Defendants reserved a certified question of law as to whether information received several months prior to obtaining and executing a search warrant was too stale to support probable cause. Pursuant to plea agreements, the trial court sentenced each of the Defendants to two years, suspended to supervised probation. This Court consolidated the Defendants’ appeals. Upon our thorough review of the record and applicable law, we reject the Defendants’ challenges to the search warrant and affirm the judgments of the trial court.

Authoring Judge: Judge Jeffrey S. Bivins
Originating Judge:Judge Carroll L. Ross
Bradley County Court of Criminal Appeals 06/11/14
Cornelius O. Williams v. State of Tennessee

M2013-01470-CCA-R3-PC

The petitioner, Cornelius O. Williams, appeals the denial of his petition for post-conviction relief. He alleges that he received ineffective assistance of counsel because his guilty plea was unlawfully induced and involuntarily made. After thoroughly reviewing the record, we conclude that the petitioner entered a knowing and voluntary plea of guilty and affirm the judgment of the post-conviction court.

Authoring Judge: Judge John Everett Williams
Originating Judge:Judge Michael R. Jones
Montgomery County Court of Criminal Appeals 06/11/14
Larry W. Anderson v. State of Tennessee

W2013-02402-CCA-R3-HC

Petitioner, Larry W. Anderson, pled guilty to one count of aggravated burglary and one count of evading arrest in a motor vehicle with a risk of death or injury to others and was sentenced by the Davidson County trial court to serve ten years as a Range III, persistent offender. Subsequently, Petitioner filed a pro se petition for writ of habeas corpus in Lauderdale County, alleging that his sentence was void because of the State’s failure to give notice of intent to seek enhanced punishment and because the original trial court did not enter judgment until more than forty-five days after Petitioner had entered his guilty plea. The habeas corpus court summarily dismissed the petition without an evidentiary hearing. Petitioner appeals the dismissal of his petition for writ of habeas corpus. Upon review of the record, we find that the Petitioner has failed to state a cognizable claim and affirm the decision of the habeas corpus court dismissing the petition.

Authoring Judge: Judge Jerry L. Smith
Originating Judge:Judge Joseph H. Walker III
Lauderdale County Court of Criminal Appeals 06/10/14
Andre Kimbrough v. State of Tennessee

M2013-02536-CCA-R3-PC

The petitioner, Andre Kimbrough, was convicted of second degree murder, a Class A felony. He now appeals the denial of his petition for post-conviction relief. On appeal, he argues that the statute of limitations for filing a petition for post-conviction relief should be tolled because trial counsel did not give the petitioner adequate notice that his direct appeal was denied or notice that trial counsel did not apply for permission to appeal to the Tennessee Supreme Court. After reviewing the record, we affirm the denial of post-conviction relief.

Authoring Judge: Judge John Everett Williams
Originating Judge:Judge Steve R. Dozier
Davidson County Court of Criminal Appeals 06/10/14
William H. Fleming v. Tejinder Saini, M.D. and Healthquest Clinic

W2013-01540-COA-R3-CV

This is an appeal from the denial of a post-judgment motion. The defendants filed a motion to dismiss the plaintiff’s lawsuit. At the hearing on the motion, the plaintiff agreed to dismissal of his lawsuit. The trial court entered an order dismissing the lawsuit and assessing court costs against the plaintiff. The plaintiff filed a timely motion to alter or amend, asking the trial court to reconsider the award of court costs; this was denied. The plaintiff filed a second motion to alter or amend, again seeking reconsideration of the award of court costs; this request for reconsideration was denied as well. The plaintiff now appeals the trial court’s order on the second post-judgment motion. Discerning no error, we affirm.

Authoring Judge: Judge Holly M. Kirby
Originating Judge:Judge Gina C. Higgins
Shelby County Court of Appeals 06/10/14