APPELLATE COURT OPINIONS

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State of Tennessee v. Sterling White

E2022-00279-CCA-R3-CD

The Defendant, Sterling White, was convicted by a Knox County Criminal Court jury of two counts of unlawful possession of a firearm, a Class B felony; unlawful possession of a handgun, a Class E felony; and simple possession of cocaine, a Class A misdemeanor. After merging the unlawful possession of a handgun/firearm counts into a single conviction of unlawful possession of a firearm having been previously convicted of a crime involving violence, the trial court sentenced the Defendant as a Range II, multiple offender to concurrent terms of twelve years for the firearm conviction and eleven months, twenty-nine days for the cocaine conviction, for a total effective sentence of twelve years in the Department of Correction, to be served consecutively to the Defendant’s sentence in a case for which the Defendant was on bond at the time of the instant offenses. The sole issue the Defendant raises on appeal is whether the evidence is sufficient to sustain his convictions. Based on our review, we affirm the judgments of the trial court.

Authoring Judge: Judge John W. Campbell, Sr.
Originating Judge:Judge Steven Wayne Sword
Knox County Court of Criminal Appeals 12/05/22
Wayne Haddix d/b/a 385 Ventures, Inc. v. Jayton Stinson, et al.

W2022-01618-COA-T10B-CV

This is an accelerated interlocutory appeal as of right filed pursuant to Tennessee Supreme Court Rule 10B. Due to numerous deficiencies in the petition, the appeal is hereby dismissed.

Authoring Judge: Judge Carma Dennis McGee
Originating Judge:Chancellor JoeDae L. Jenkins
Shelby County Court of Appeals 12/05/22
Andre Bowen v. State of Tennessee

W2022-00229-CCA-R3-ECN

Andre Bowen, Petitioner, claims that the trial court erred by summarily dismissing his Petition for Writ of Error Coram Nobis. Discerning no error, we affirm the dismissal.

Authoring Judge: Judge Robert L. Holloway, Jr.
Originating Judge:Judge Lee V. Coffee
Shelby County Court of Criminal Appeals 12/05/22
Brandon Copeland v. Tennessee Department of Correction

M2021-01557-COA-R3-CV

The appellant, a former Tennessee Department of Correction (“TDOC”) employee, challenges the Tennessee Board of Appeals’ decision upholding his dismissal as an employee due to actions allegedly constituting official misconduct and tampering with evidence. The appellant requests that this Court overrule or modify the Tennessee Supreme Court’s holding in Tenn. Dep’t of Corr. v. Pressley, 528 S.W.3d 506 (Tenn. 2017), which this Court lacks authority to do. Although we conclude that the appellant has waived his remaining two issues on appeal by failing to provide legal authority or argument, we further conclude that the Tennessee Board of Appeals’ decision was supported by substantial and material evidence. We therefore affirm the Davidson County Chancery Court’s final judgment dismissing the appellant’s petition for judicial review with prejudice.

Authoring Judge: Judge Thomas R. Frierson, II
Originating Judge:Chancellor Ellen Hobbs Lyle
Davidson County Court of Appeals 12/02/22
Jeremy R. Durham v. Tennessee Registry of Election Finance

M2021-01455-COA-R3-CV
This case involves the imposition of a civil penalty by the Tennessee Registry of Election
Finance as the result of multiple violations of the Campaign Financial Disclosure Act and
the Campaign Contribution Limits Act. An appeal of the Registry’s decision was decided
by an Administrative Law Judge who generally affirmed the decision of the Registry but
significantly reduced the civil penalty. After further review by the Registry, the penalty
was largely reinstated. Upon further appeal, the Chancery Court affirmed the decision of
the Registry. We affirm.
Authoring Judge: Judge Arnold B. Goldin
Originating Judge:Chancellor Anne C. Martin
Davidson County Court of Appeals 12/02/22
State of Tennessee, ex rel., Kimberly Krepela Hoard v. Richard Lane Barrom

W2022-00085-COA-R3-JV

In this Title IV-D child support case, the juvenile court modified a father’s child support obligation pursuant to the Child Support Guidelines after the child had reached the age of majority and had graduated high school. We vacate and remand.

Authoring Judge: Judge John W. McClarty
Originating Judge:Judge Dan H. Michael
Shelby County Court of Appeals 12/02/22
State of Tennessee v. Jacob Sarkissian

E2022-00059-CCA-R3-CD

The Defendant, Jacob Sarkissian, appeals the trial court’s revocation of his three-year probationary sentence for aggravated assault. The trial court revoked the Defendant’s probation after determining that he materially violated his probation sentence by testing positive for marijuana, methamphetamine, and amphetamine, and by having contact with the victim. The Defendant asserts that the trial court’s revocation of his probation sentence was an abuse of discretion because the trial court improperly relied on allegations of physical abuse that were not alleged in the probation violation warrant. The record supports the trial court’s finding that the Defendant violated the terms of his probation sentence and the trial court’s decision that the Defendant must serve his sentence in prison. We conclude that no abuse of discretion occurred and affirm the trial court’s judgment.

Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Judge Scott Green
Knox County Court of Criminal Appeals 12/02/22
Genevieve Thomas v. Cass Clay Thomas

W2021-01092-COA-R3-CV

This is an appeal of a divorce case involving the awarding of alimony and the division of marital property. The trial court entered an order summarily denying the wife’s various motions, including a motion to alter or amend the judgment. Upon our review of the record, we vacate the trial court’s order and remand for a review pursuant to Rule 63 of the Tennessee Rules of Civil Procedure.

Authoring Judge: Judge Arnold B. Goldin
Originating Judge:Judge James F. Russell
Shelby County Court of Appeals 12/01/22
Molly Leann Green v. Michael Wayne Green

E2022-01518-COA-T10B-CV

This is an interlocutory appeal as of right, pursuant to Rule 10B of the Rules of the Supreme Court of Tennessee, filed by Molly Leann Green (“Mother”), seeking to recuse the judge in this case involving parenting issues. Having reviewed the petition for recusal appeal filed by Mother and the answer filed by Michael Wayne Green (“Father”) pursuant to this Court’s order, and finding no error, we affirm.

Authoring Judge: Judge Kristi M. Davis
Originating Judge:Judge Daryl A. Colson
Fentress County Court of Appeals 12/01/22
Benjamin McCurry v. Agness McCurry

E2022-00635-COA-R3-CV

Appellant/Mother filed a post-divorce petition for contempt against Appellee/Father for alleged violations of the parenting plan. Mother also moved to change the child’s primary residential parent from Father to her. The trial court held that there was no contempt and further held that there was not a material change in circumstances to warrant a change in the child’s primary residential parent. Mother appeals. Discerning no error, we affirm.

Authoring Judge: Judge Kenny Armstrong
Originating Judge:Judge James E. Lauderback
Washington County Court of Appeals 12/01/22
Jeffrey Lee Self v. Jennifer Dawn Self

E2021-01130-COA-R3-CV

In this divorce action the husband raises multiple issues on appeal concerning, inter alia, the factual accuracy of the trial court’s judgment; the trial court’s grant of divorce to the wife on the ground of inappropriate marital conduct; the trial court’s equitable distribution of the marital property, including the trial court’s one-time award to the wife of $50,000 as part of the distribution; the trial court’s findings concerning the husband’s income, expenses, and ability to work; and the trial court’s award to the wife of $3,000 in attorney’s fees as alimony in solido. The husband has not directly raised an issue regarding the trial court’s award to the wife of $850 monthly as alimony in futuro. We determine that with the exception of one issue related to the trial court’s miscalculation of the marriage’s duration, which we deem to have been harmless error, the husband has waived all issues by failing to comply with Tennessee Rule of Appellate Procedure 24(b)-(c) and Tennessee Court of Appeals Rule 7. We accordingly affirm the trial court’s judgment. Deeming this to be a frivolous appeal, we grant the wife’s request for reasonable attorney’s fees on appeal and post-judgment interest on the trial court’s alimony awards.

Authoring Judge: Judge Thomas R. Frierson, II
Originating Judge:Chancellor Jerri S. Bryant
Bradley County Court of Appeals 12/01/22
Olivia May Marcel v. Brad Joseph Marcel

M2021-00594-COA-R3-CV
This appeal arises from a divorce proceeding. The Coffee County Chancery Court (“Trial
Court”) ordered the husband to pay the wife alimony in futuro of $1,500 per month. The
Trial Court further ordered that the husband’s child support obligation would be calculated
by using his previous four pay stubs, each of which reflected a pay period of one week.
Upon our determination that a period of four weeks is not a reasonable period of time to
calculate child support when the parent has regularly received variable income, we vacate
the Trial Court’s award of child support and remand for recalculation based on the
husband’s income for a reasonable period of time. We affirm the Trial Court’s
determination that alimony in futuro was appropriate in this case but vacate the Trial
Court’s determination of the amount of alimony for reconsideration after its calculation of
the husband’s child support obligation.
Authoring Judge: Chief Judge D. Michael Swiney
Originating Judge:Judge Vanessa A. Jackson
Coffee County Court of Appeals 11/30/22
Christopher Russell v. State of Tennessee

M2022-00096-CCA-R3-PC
The Petitioner, Christopher Russell, appeals from the denial of his petition for postconviction
relief from his convictions for second degree murder and aggravated child
abuse, for which he is serving an effective twenty-five-year sentence. On appeal, he
contends that the post-conviction court erred in denying relief on his ineffective assistance
of counsel and cumulative error claims. We affirm the judgment of the post-conviction
court.
Authoring Judge: Judge Robert H. Montgomery
Originating Judge:Judge Thomas W. Graham
Marion County Court of Criminal Appeals 11/30/22
State of Tennessee v. Keithandre Trevon Murray

M2021-00688-CCA-R3-CD

The defendant, Keithandre Trevon Murray, appeals his Macon County Circuit Court jury convictions of first degree murder, challenging the sufficiency of the evidence, the admission of Facebook messages, the absence of African Americans in the jury pool, the admission of certain testimony, and the imposition of consecutive sentences. Discerning no error, we affirm.

Authoring Judge: Judge James Curwood Witt, Jr.
Originating Judge:Judge Brody Kane
Macon County Court of Criminal Appeals 11/30/22
State of Tennessee v. Malique Nicolas Gray

E2021-01134-CCA-R3-CD

The State filed a petition seeking to transfer seventeen-year-old Defendant-Appellant, Malique Nicolas Gray, for prosecution as an adult in criminal court. Prior to the transfer hearing, the Bradley County Juvenile Court Judge signed an order appointing the juvenile magistrate judge to hear the matter. The juvenile magistrate judge presided over the Defendant’s transfer hearing and found probable cause to transfer the Defendant to the Bradley County Criminal Court to be tried as an adult. At the close of the transfer hearing, the juvenile magistrate judge advised defense counsel that she was sitting as a “substitute judge.” Following a trial, the Defendant was convicted by a Bradley County Criminal Court jury of aggravated robbery, felony theft of property, misdemeanor theft of property, and burglary of an automobile. The Defendant received a concurrent term of eleven years for the aggravated robbery and three years for the felony theft of property, which was aligned consecutively to a concurrent term of two years for burglary of an automobile and eleven months and twenty-nine days for the misdemeanor theft of property, for an effective sentence of thirteen years’ imprisonment. The Defendant’s principal complaint on appeal is that the juvenile transfer hearing was “marred by procedural defects” because (1) the order by the juvenile court judge appointing the juvenile magistrate judge was “silent regarding any necessity or good cause [for the juvenile judge] to be absent;” and (2) the transfer hearing was conducted by a judge who did not identify herself as a “substitute judge” until the end of the hearing, depriving the Defendant of an opportunity to object and appeal to the elected juvenile court judge The Defendant also argues that the trial court erred in denying alternative sentencing under Tennessee Code Annotated Section 40-35- 122, which prohibits continuous confinement for non-violent property offenses, and in imposing partial consecutive sentencing. Upon our review, we affirm.

Authoring Judge: Judge Camille R. McMullen
Originating Judge:Judge Sandra Donaghy
Monroe County Court of Criminal Appeals 11/30/22
Trevor Adamson v. Sarah E. Grove, et al.

M2020-01651-COA-R3-CV
In this case, the plaintiff filed a complaint alleging defamation and related causes of action.
Before the defendants filed an answer or any other pleading, the plaintiff filed a notice of
voluntary dismissal, and the trial court entered an order of voluntary dismissal without
prejudice. Within thirty days, the defendants filed a combined motion to alter or amend
and petition to dismiss the complaint with prejudice pursuant to the Tennessee Public
Participation Act (TPPA), Tenn. Code Ann. § 20-17-101, et seq., seeking an award of
attorney fees and sanctions. The trial court ultimately entered an order altering or
amending the order of voluntary dismissal without prejudice, granting the defendants’
petition to dismiss with prejudice under the TPPA, and ordering the plaintiff to pay $15,000
in attorney fees in addition to $24,000 in sanctions. The plaintiff has appealed and raised
numerous issues, including a challenge to the trial court’s subject matter jurisdiction after
the nonsuit. For the following reasons, we reverse the trial court’s order granting the
motion to alter or amend, vacate the trial court’s order granting the appellees’ petition to
dismiss with prejudice and awarding attorney fees and sanctions, and remand.
Authoring Judge: Judge Carma Dennis McGee
Originating Judge:Judge Joe Thompson
Sumner County Court of Appeals 11/30/22
State of Tennessee v. Adam O'Brian McDaniel

E2021-00565-CCA-R3-CD

The Defendant, Adam O’Brian McDaniel, was convicted by a Monroe County Criminal Court jury of three counts of rape of a child, a Class A felony, for which he received concurrent twenty-eight-year sentences to be served at 100%. See T.C.A. § 39-13-522 (2018) (subsequently amended). On appeal, the Defendant contends that: (1) the trial court erred in determining that he was competent to stand trial, (2) the trial court erred in denying the motion to suppress his pretrial statement, (3) the evidence is insufficient to support his convictions, (4) the State made an improper election of offenses, (5) the trial court erred in admitting the victim’s great-grandmother’s testimony regarding her reaction to the victim’s revelation of sexual abuse, (6) the trial court erred in denying his motion for a mistrial, (7) the trial court erred in giving a jury instruction pursuant to State v. Ferguson, 2 S.W.3d 912 (Tenn. 1999), rather than granting his motion to dismiss based upon the State’s loss or destruction of evidence, and (8) the State engaged in improper closing argument. We affirm the judgments of the trial court.

Authoring Judge: Judge Robert H. Montgomery, Jr.
Originating Judge:Judge Sandra N.C. Donaghy
Monroe County Court of Criminal Appeals 11/30/22
State of Tennessee v. Gregory Sean Robinson

M2022-00248-CCA-R3-CD

Following two convictions for aggravated assault, the Defendant, Gregory Sean Robinson, was sentenced to an effective term of ten years and placed on probation. Thereafter, the Defendant absconded from supervision and committed new criminal offenses. As a consequence, the trial court revoked the suspended sentences and ordered that the Defendant serve the balance of the effective sentence in custody. On appeal, the Defendant contends the trial court abused its discretion by revoking his suspended sentences in full instead of allowing him to participate in a substance-use treatment program through a furlough. We affirm the judgment of the trial court.

Authoring Judge: Judge Tom Greenholtz
Originating Judge:Judge William R. Goodman, III
Montgomery County Court of Criminal Appeals 11/30/22
Timothy L. Jefferson v. State of Tennessee

M2022-00456-CCA-R3-HC

The Petitioner, Timothy L. Jefferson, appeals the Trousdale County Circuit Court’s dismissal of his pro se petition seeking habeas corpus relief from his conviction for second degree murder, for which he received an effective sentence of forty years in prison. On appeal, the Petitioner argues he is entitled to habeas corpus relief because he was illegally restrained as a result of a procedurally defective juvenile petition. After review, we affirm the judgment summarily dismissing the petition for writ of habeas corpus.

Authoring Judge: Judge Camille R. McMullen
Originating Judge:Judge Michael Wayne Collins
Trousdale County Court of Criminal Appeals 11/29/22
Melvin A. Odom v. State of Tennessee

M2022-00252-CCA-R3-PC
Petitioner, Melvin A. Odom, appeals the summary dismissal of his post-conviction petition
as time-barred. On appeal, he contends that the correct date to determine the statute of
limitations is the day the trial court filed an amended judgment on one of his convictions
and by that date, his petition was timely filed. Alternatively, he contends that due process
considerations warrant the tolling of the one-year statute of limitations and requests that
the case be remanded for an evidentiary hearing to determine whether he is entitled to
equitable tolling. Following our review of the entire record, oral arguments, and the
parties’ briefs, the dismissal is affirmed.
Authoring Judge: Judge Jill Bartee Ayers
Originating Judge:Judge Deanna B. Johnson
Williamson County Court of Criminal Appeals 11/29/22
State of Tennessee v. James Berg

M2022-00233-CCA-R3-CD

Pursuant to a plea agreement, the Defendant, James Berg, entered guilty pleas to aggravated sexual battery and two counts of rape of a child. The Defendant agreed to a concurrent term of twenty-five years for the rape of a child convictions and a term of fifteen years for the aggravated sexual battery conviction, with the alignment of these terms of imprisonment to be determined by the trial court. Following a sentencing hearing, the trial court ordered the terms to be served consecutively, for an effective sentence of forty years’ imprisonment. The sole issue presented on appeal is whether the trial court abused its discretion in ordering consecutive sentencing. Upon our review, we affirm.

Authoring Judge: Judge Camille R. McMullen
Originating Judge:Judge David L. Allen
Lawrence County Court of Criminal Appeals 11/29/22
State of Tennessee v. Daniel J. Jamison

M2021-01302-CCA-R3-CD

Defendant, Daniel J. Jamison, entered an open plea of guilty to aggravated burglary, theft of property valued at less than $1,000, aggravated criminal trespass, and public intoxication. The trial court imposed an effective six-year sentence to be served in the Department of Correction, followed by a consecutive sentence of eleven months and twenty-nine days in the county jail with all but ninety days to be served on supervised probation. On appeal, Defendant argues that his sentence was excessive. Following our review of the entire record, oral arguments, and the briefs of the parties, we affirm the judgments of the trial court.

Authoring Judge: Judge Jill Bartee Ayers
Originating Judge:Judge Forest A. Durard, Jr.
Moore County Court of Criminal Appeals 11/29/22
William Coley v. State of Tennessee

M2021-01243-CCA-R3-PC
The Petitioner, William Coley, appeals the denial of his petition seeking post-conviction
relief from his convictions of first-degree felony murder, second degree murder, and
especially aggravated robbery, for which he received an effective sentence of life
imprisonment. The Petitioner argues for the first time on appeal that the post-conviction
court violated his due process rights by conducting his post-conviction hearing jointly with
the post-conviction hearing of his then co-defendant, now Petitioner Markreo Quintez
Springer. He additionally claims ineffective assistance of counsel based on trial counsel’s
failure to file a pretrial severance motion based on Bruton v. United States, 391 U.S. 123,
136-137 (1968), and trial counsel’s failure to challenge the chain of custody regarding the
State’s DNA evidence.1 Upon our review, we affirm.
Authoring Judge: Judge Camille R. McMullen
Originating Judge:Judge Mark J. Fishburn
Davidson County Court of Criminal Appeals 11/29/22
Louise Faulkner ET AL. v. Nationstar Mortgage LLC

W2020-01148-COA-R3-CV

This case involves a controversy surrounding certain real property located in Memphis. The trial court entered summary judgment in favor of the Defendant on most claims, and after a jury trial and verdict in favor of the Defendant, the remaining claim was also dismissed. Although the homeowner of the property raises a number of issues in this appeal, we affirm the trial court’s judgment.

Authoring Judge: Judge Arnold B. Goldin
Originating Judge:Judge Mary L. Wagner
Shelby County Court of Appeals 11/29/22
State of Tennessee v. Joseph Anthony Szostak, III

M2021-00443-CCA-R3-CD

Defendant, Joseph Anthony Szostak, III, claims that the trial court abused its discretion by denying his request for alternative sentencing and ordering him to serve his sentence of three years and six months in confinement. After a thorough review of the record and the applicable law, we affirm the judgment of the trial court.

Authoring Judge: Judge Robert L. Holloway, Jr.
Originating Judge:Judge J. Russell Parkes
Lawrence County Court of Criminal Appeals 11/29/22