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Posted by: Karen Belcher on May 26, 2021

Tyler Ward Enix, Defendant, was indicted for three counts of first degree felony murder, one count of premeditated first degree murder, one count of especially aggravated robbery, one count of especially aggravated kidnapping, and one count of carjacking. The trial court dismissed the kidnapping and carjacking counts at the State’s request. After a jury trial, Defendant was found not guilty of felony murder. The jury found Defendant guilty of first degree premeditated murder and especially aggravated robbery. After the jury deadlocked on a sentence for first degree murder, the trial court imposed a life sentence. After a separate sentencing hearing, the trial court ordered Defendant to serve a consecutive twenty-five-year sentence for especially aggravated robbery. The trial court denied a motion for new trial and this appeal followed. On appeal, Defendant raises the following issues: (1) the evidence was insufficient to support the convictions for first degree murder and especially aggravated robbery; (2) the State made improper statements during closing argument; (3) the State made improper statements during opening statements; (4) the trial court improperly admitted hearsay evidence; (5) the trial court abused its discretion in admitting multiple photographs of the victim’s body; (6) the trial court erred by denying a motion for change of venue; (7) the trial court erred in refusing to give a definition of passion to the jury; and (8) cumulative errors After a thorough review of the record and applicable authorities, we affirm Defendant’s convictions and sentences.

Posted by: Karen Belcher on May 26, 2021

BERNICE BOUIE DONALD, Circuit Judge. Johnny Williams, Jonathan Barrett, and Joedon Bradley (collectively, “the defendants”) were indicted for conspiring with each other and six other individuals to distribute fentanyl, in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(C), and 846. Each defendant was also charged with multiple counts of distributing and possessing with the intent to distribute fentanyl, the use of which resulted in serious bodily injury or death, in violation of § 841(a)(1) and (b)(1)(C) and 18 U.S.C. § 2. A jury found the defendants guilty on all counts. Each defendant filed a separate appeal, which this Court consolidated. The defendants challenge the sufficiency of the evidence as to their convictions and the district court’s denial of pre-trial motions. For the reasons set forth below, we AFFIRM the convictions as to all three defendants.

Posted by: Karen Belcher on May 26, 2021

KETHLEDGE, Circuit Judge. Over the past 15 years, the Federal Communications Commission has published a series of written orders that, together with Title VI of the Communications Act (“the Act”), 47 U.S.C. § 521 et seq., set forth rules by which state and local governments may regulate cable providers. Numerous local governments have petitioned for review of the FCC’s most recent order, arguing that the FCC misinterpreted the Act. We grant the petitions in part and deny them in part.

Posted by: Karen Belcher on May 26, 2021

The Defendant, Vernon Lee Ivey, pled guilty in the Campbell County Criminal Court to aggravated burglary, a Class C felony; theft of property valued over $2,500, a Class D felony; burglary, a Class D felony; two counts of theft of property valued over $1,000 but less than $2,500, a Class E felony; one count of automobile burglary, a Class E felony; and four counts of theft of property valued $1,000 or less, a Class A misdemeanor, and was sentenced by the trial court to an effective term of thirty years in the Department of Correction. On appeal, he argues that the trial court erred by misclassifying him as a career offender for the Class D and E felonies, by imposing an excessive sentence, and by ordering a sentence of confinement rather than probation or other alternative sentencing. Following our review, we affirm the sentences as imposed by the trial court.

Posted by: Karen Belcher on May 26, 2021

This is an appeal from a denial of relief pursuant to a common law writ of certiorari arising out of a dependency and neglect case brought by Father against Mother in the juvenile court. The Guardian ad Litem appointed in the dependency and neglect case filed a motion to compel Mother to release copies of her mental health records, arguing that she is entitled to them under Tennessee Supreme Court Rule 40 and Tennessee Code Annotated section 37-1-411. In turn, Mother objected, arguing that her records are privileged, that she had not waived her privilege, and that the Guardian ad Litem was not otherwise entitled to the records. The juvenile court issued an order compelling Mother to release copies of her mental health records to the Guardian ad Litem. Mother thereafter filed a petition for writ of certiorari with the circuit court, seeking review of the juvenile court’s interlocutory order. The circuit court found the juvenile court’s actions proper under the writ of certiorari standard and granted Mother no relief. For the reasons contained herein, we reverse the decision of the circuit court and find that Mother is entitled to the relief sought under the common law writ of certiorari.

Posted by: Karen Belcher on May 26, 2021

This case involves a petition to terminate a mother’s parental rights to her minor children. The petition was filed by the Tennessee Department of Children’s Services. The trial court granted the petition, finding multiple grounds for termination were established and that it was in the best interest of the children to terminate the mother’s parental rights. The mother appealed. We affirm the trial court’s decision in part, vacate in part, and remand.

Posted by: Karen Belcher on May 26, 2021

After the trial court found that a scrivener’s error mistakenly listed the incorrect grantee on a warranty deed, it reformed the deed to list the correct grantee. Discerning no error, we affirm.

Posted by: Karen Belcher on May 26, 2021

This case involves an alleged breach of a lease following the destruction of the building on the leased premises by the November 2016 Gatlinburg wildfires. The original lessor had entered into a lease in 2009 with the lessee, a company that had utilized the building primarily as a storage facility for its restaurants during the lease term. The lessor died in 2017. Acting in her own capacity and as personal representative of her mother’s estate, the lessor’s daughter filed a complaint in July 2019, alleging that the lessee had breached the lease by failing to utilize fire insurance proceeds to restore the building. The plaintiff requested that she be awarded a judgment for either the fair market value of the leased premises or the amount of the fire insurance proceeds. Upon cross-motions for summary judgment and following a hearing, the trial court found that the lease required the lessee to utilize fire insurance proceeds to make repairs only in the event that those repairs could be made within ten working days, which was undisputedly impossible following the fire. The trial court also found that, pursuant to Tennessee Code Annotated § 66-7-102(b), the lessee’s covenant to leave the leased premises in good repair did not obligate the lessee to restore the building absent fault, negligence, or an express agreement to the contrary. The plaintiff has appealed. Discerning no reversible error, we affirm.

Posted by: Karen Belcher on May 25, 2021

A Grundy County jury convicted the Defendant, Bobby Joe Patrick, of two counts of rape of a child, and the trial court sentenced him to a total effective sentence of sixty-seven years. On appeal, the Defendant contends that the trial court erred when it allowed the State to introduce evidence of prior bad acts that should have been excluded pursuant to Tennessee Rule of Evidence 404(b). The Defendant also contends that the trial court erred when it instructed the jury on “generic evidence.” After review, we affirm the trial court’s judgments.

Posted by: Karen Belcher on May 25, 2021

The Defendant, William Alan Ladd, appeals his convictions for aggravated sexual battery and sexual exploitation of a minor by electronic means, for which he received an effective eight-year sentence. On appeal, the Defendant contends that the evidence is insufficient to support his convictions and that the trial court erred in excluding extrinsic evidence of a prior statement by the victim. We affirm the judgments of the trial court.


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