Opinions

Arthur Ray Lepley
01C01-9903-CR-00084

Joe Utley vs. State of Tennessee
01C01-9709-CR-00428
Authoring Judge: Senior Judge L. T. Lafferty
Trial Court Judge: Judge Seth W. Norman

The appellant, Joe L. Utley, appeals as of right from a judgment of the Davidson County Criminal Court denying his petition for post-conviction relief. The petitioner alleges that trial and appellate counsel rendered ineffective assistance in several areas. After a through review of the record, we REMAND to the trial court with instructions to enter a findings of fact and conclusions of law.

In Re: Estate of Warren Glenn Brown, Candice Mathis, v. Joe Brown
01A01-9809-PB-00471
Authoring Judge: Judge Patricia J. Cottrell
Trial Court Judge: Judge Andrew Jackson

In this case, the decedent’s grand niece, Candice Mathis, the petitioner, appeals the trial court’s finding that she failed to establish, by clear and convincing evidence the lost or destroyed will of her grand uncle, Warren Brown. The trial court ordered that the administration of the estate proceed as an intestate estate. For the following reasons, we reverse.

Cedric Dickerson v. State of Tennessee

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.

Cheryl Hall v. James H. Crenshaw, M.D., The Jackson Clinic Professional Association, et al.

In Re: Cidney L.

In Re: Cidney L.

In Re: Cidney L.

In Re: Cidney L.

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.

ROAR NORMANN RONNING v. LESLEY ANNE RONNING
E2024-00437-COA-R3-CV
Authoring Judge: Chief Judge D. Michael Swiney
Trial Court Judge: Chancellor John D. McAfee

This appeal concerns divorce related issues including property division, alimony, and child custody. Roar Normann Ronning (“Father”) sued Lesley Anne Ronning (“Mother”) for divorce in the Circuit Court for Claiborne County (“the Trial Court”). The parties have a minor daughter, Freya (“the Child”). Over the course of multiple hearings, the Trial Court granted the parties a divorce and ultimately approved a parenting plan whereby Mother was named primary residential parent and received more parenting time with the Child than Father. One of the relevant factors in the child custody determination was Father’s career as a commercial airline pilot, which means he has a varied schedule. Father appeals, arguing among other things that the Trial Court erred in designating Mother primary residential parent, granting Mother more time with the Child than Father, and granting Mother major decision-making authority. Mother raises separate issues, including whether this appeal is frivolous. We find, inter alia, that the Trial Court did not abuse its discretion in making its custody determination. We find no reversible error in the Trial Court’s judgment. Mother’s separate issues are without merit. We affirm.

IN RE ESTATE OF NANN-ALIX WICKWIRE-MAGRILL
E2024-00934-COA-R3-CV
Authoring Judge: Judge Kristi M. Davis
Trial Court Judge: Chancellor J. Eddie Lauderback

The trial court dismissed a will contest based upon the plaintiff’s failure to state a claim for which relief could be granted pursuant to Rule 12.02(6) and awarded the defendant attorney’s fees pursuant to Tennessee Code Annotated § 20-12-119(c). Plaintiff appeals. Discerning no error, we affirm.

WELFT, LLC v. Larry Elrod Et Al.
M2024-00489-COA-R3-CV
Authoring Judge: Per Curiam
Trial Court Judge: Chancellor J. B. Cox

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.

State of Tennessee v. Curtis Colston

In re Conservatorship of Bill Bartlett

This is a conservatorship case. Appellee hospital filed a petition for appointment of an expedited limited healthcare fiduciary for the Appellant patient because the hospital believed that Appellant could not be safely discharged without assistance. The trial court determined that the appointment of a limited healthcare fiduciary was appropriate and in the Appellant’s best interest. The trial court then granted Appellee’s motion to amend its petition to include the appointment of a conservator. The trial court found that Appellant is an individual with disabilities, and further found that it is in the Appellant’s best interest to have a conservator appointed. Appellant appeals. Discerning no error, we affirm and remand.
 

State of Tennessee v. John Henry Pruitt

Jaselyn Grant v. State of Tennessee
W2022-01453-CCA-R3-PC
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge Chris Craft

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.

In Re Klowii W., Et Al.
E2022-01789-COA-R3-PT
Authoring Judge: Judge D. Michael Swiney, C.J.
Trial Court Judge: Judge Timothy E. Irwin

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.

In Re Zoey O. Et Al.
E2022-00500-COA-R3-PT
Authoring Judge: Judge Jeffrey Usman
Trial Court Judge: Judge Timothy E. Irwin

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.

State of Tennessee v. Ricky Anderson
W2022-00452-CCA-R3-CD
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge Glenn Ivy Wright

Defendant, Ricky Anderson, appeals his Shelby County convictions for two counts of first
degree premeditated murder, for which he received concurrent life sentences. Defendant
contends that the evidence presented at trial was insufficient to support his convictions and
that the trial court abused its discretion in admitting photographs of one of the deceased
victims. Following a thorough review, we affirm the judgments of the trial court.

Kristina Cole v. State of Tennessee
W2022-01245-CCA-R3-PC
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge J. Robert Carter, Jr.

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.

Sarah Berl v. Thomas Berl
M2023-00558-COA-R3-CV
Authoring Judge: Judge Kristi M. Davis
Trial Court Judge: Judge Deanna B. Johnson

This appeal stems from a post-divorce custody modification in which the father sought increased parenting time with his minor daughter, I.B. The trial court agreed with the father that a material change in circumstances had occurred and that a modification of the father’s parenting time was warranted. The trial court also awarded the father $15,000.00, or roughly half, of his attorney’s fees incurred in the trial court proceedings. The mother appeals the trial court’s decision. Because the father was, for the most part, the prevailing party at trial and proceeded in good faith, the trial court did not abuse its discretion in awarding the father a portion of his attorney’s fees. We affirm the trial court’s ruling as to attorney’s fees. However, we vacate the portion of the trial court’s final judgment placing a price cap on the minor child’s therapy fees. Consequently, the trial court’s judgment is affirmed as modified. Finally, we decline to award either party their attorney’s fees incurred on appeal.

Steven Totty v. The Tennessee Department of Correction and the State of Tennessee
01A01-9504-CV-00139
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Judge Walter C. Kurtz

This appeal involves a state prisoner’s efforts to enforce a plea bargain agreement. The prisoner filed a petition for a common-law writ of certiorari in theCircuit Court for Davidson County after the Department of Correction refused to release him in accordance with his understanding of the agreement. The trial court granted the department’s motion to dismiss for lack of subject matter jurisdiction, and the prisoner has appealed. We affirm the dismissal of the petition because it fails to state a claim upon which relief pursuant to a common-law writ of certiorari can be granted.1

Lesa Johnson v. South Central Human Resource Agency, Roy Tipps, Executive Director, and John Ed Underwood, Jr., Deputy Director
01A01-9503-CH-00104
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Chancellor Tyrus H. Cobb

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.

David John Erdly v. Janene Marie Erdly - Concurring
01A01-9706-CH-00269
Trial Court Judge: H. Denmark Bell

The plaintiff, David John Erdly, has appealed from the judgment of the Trial Court dismissing his suit for divorce, dividing the marital estate, awarding plaintiff child custody and support and awarding the defendant, Janene Marie Erdly, alimony for the remainder of her life.

James Gant v. Kenneth Broadway, County Executive and Chmn of the Decatur County Commission, et al.
02A01-9701-CH-00007
Authoring Judge: Presiding Judge W. Frank Crawford
Trial Court Judge: Chancellor J. Walton West

Petitioner, James Edward Gant, appeals the judgment of the chancery court denying his application for a beer permit.