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Today's Opinions

• TN Workers Comp Appeals Board (1)
• TN Court of Appeals (3)
• TN Court of Criminal Appeals (9)

REAZKALLAH ABDELSHAHAED v. TAYLOR FARMS, ET AL.

Court: TN Workers Comp Appeals Board

Attorneys:

Reazkallah Abdelshahaed, LaVergne, Tennessee, employee-appellant, pro se.

Peter S. Rosen, Nashville, Tennessee, for the employer-appellee, Taylor Farms.

Judge(s): GODKIN

The employee alleged a work-related repetitive injury to his right hand. He initially sought unauthorized medical treatment and then selected an authorized physician from an employer-provided panel. Following a compensation hearing, the trial court concluded the employee was not entitled to workers’ compensation benefits because he did not prove his alleged injury was primarily caused by his work for the employer. The employee has appealed. We affirm the trial court’s decision and certify it as final.

abdelshahaedr_032222.pdf

TELI WHITE v. SHELBY COUNTY BOARD OF EDUCATION

Court: TN Court of Appeals

Attorneys:

Rodney G. Moore and Yasmin Annur Mohammad, Atlanta, Georgia, for the appellant, Shelby County Board of Education.

Darrell J. O’Neal and Laura Smittick, Memphis, Tennessee, for the appellee, Teli White.

Judge(s): ARMSTRONG

Appellee, a tenured high school teacher, petitioned for judicial review of Appellant Shelby County Board of Education’s decision to terminate his employment. Without making findings to explain its reasoning, the trial court remanded the case to the school board for a second hearing. From our review, neither party argued that the school board’s initial hearing was procedurally deficient. As such, the trial court’s decision to remand the case to the school board, without findings to support such decision, was error. Vacated and Remanded.

whitet_032222.pdf

MARTINA SMITH ET AL. v. DONNA JEAN WALKER ET AL.

Court: TN Court of Appeals

Attorneys:

Samuel W. Hinson, Lexington, Tennessee, for the appellants, Eddie Smith, and Martina Smith.

Marc A. Sorin, Memphis, Tennessee, for the appellee, Donna Jean Walker, M.D.

Judge(s): STAFFORD

Appellants purchased a home from Appellee that was contaminated with mold. Appellants therefore filed suit against Appellee. The trial court granted summary judgment in Appellee’s favor. Because the trial court’s order does not comply with Rule 56.04 of the Tennessee Rules of Civil Procedure or Smith v. UHS of Lakeside, Inc., we vacate and remand.

smithm_032222.pdf

IN RE TRISTAN H.

Court: TN Court of Appeals

Attorneys:

Bruce N. Oldham, Gallatin, Tennessee, for the appellant, Brenn H.

Herbert H. Slatery, III, Attorney General and Reporter, Andr e Sophia Blumstein, Solicitor General, and Courtney J. Mohan, Assistant Attorney General, for the appellee, Tennessee Department of Children’s Services.

Judge(s): GOLDIN

This is an appeal from a termination of parental rights proceeding. As to the mother of the child at issue, we vacate the trial court’s termination of her parental rights due to procedural concerns that are acknowledged by the Department of Children’s Services. With respect to the father of the child, however, we conclude that one ground for termination was properly established. We further conclude that the evidence clearly and convincingly shows that the termination of the father’s parental rights is in the child’s best interest.

tristanh_032222.pdf

STATE OF TENNESSEE v. SONYA NALE

Head Comment: THOMAS filed a separate opinion, concurring in part and dissenting in part.

Court: TN Court of Criminal Appeals

Attorneys:

Herbert H. Slatery III, Attorney General and Reporter; Cody N. Branton, Assistant Attorney General; J. Michael Taylor, District Attorney General; David Shinn, Assistant District Attorney General, for the appellant, State of Tennessee.

Thomas K. Austin, Dunlap, Tennessee, for the appellee, Sonya Nale.

Judge(s): MONTGOMERY

The Defendant, Sonya Nale, is charged by indictment with bribery of a public servant, a Class B felony. See T.C.A. 39-16-102 (2018). After the trial court granted the Defendant’s motion to disqualify the Twelfth Judicial District Attorney’s office, we granted the State’s application for an interlocutory appeal pursuant to Tennessee Rule of Appellate Procedure 9 to review the trial court’s order. We reverse the trial court’s order disqualifying the district attorney general’s office from prosecuting the case.

nales_0322222.pdf

nales_CON_032222.pdf

STATE OF TENNESSEE v. MICHAEL RAY HOGAN

Court: TN Court of Criminal Appeals

Attorneys:

Lesley A. Tiller, Blountville, Tennessee, for the appellant, Michael Ray Hogan.

Herbert H. Slatery III, Attorney General and Reporter; Katherine C. Redding, Assistant Attorney General; Barry Staubus, District Attorney General; and Tara Nelson, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): THOMAS

The Defendant, Michael Ray Hogan, appeals as of right from the Sullivan County Criminal Court’s revocation of his probation and reinstatement of the remainder of his four-year sentence based upon his committing new offenses, failing to report his arrests to his probation officer, and for failing to report to his probation officer. The Defendant contends that the trial court abused its discretion by: (1) finding that the Defendant violated his probation because the firearm and suspected marijuana were seized in violation of his Fourth Amendment rights; (2) considering proof that occurred after the violation warrant was filed; (3) and requiring the Defendant to serve the balance of his sentence in custody. Following our review, we affirm the judgment of the trial court.

hoganm_032222.pdf

STATE OF TENNESSEE v. STANLEY ALLEN

Court: TN Court of Criminal Appeals

Attorneys:

Phyllis L. Aluko, District Public Defender; Barry W. Kuhn, Assistant District Public Defender (on appeal); and Theresa Childress and Beth Brooks (at trial), Memphis, Tennessee, for the appellant, Stanley Allen.

Herbert H. Slatery III, Attorney General and Reporter; Kayleigh Butterfield, Assistant Attorney General; Amy P. Weirich, District Attorney General; and Leslie Byrd, Gavin Smith, and Jose Leon, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge(s): HOLLOWAY

The Shelby County Grand Jury issued an indictment charging Defendant, Stanley Allen, with aggravated statutory rape, solicitation of a minor, and sexual battery. Following a trial, a jury found Defendant guilty of solicitation of a minor and sexual battery. The jury was unable to reach a verdict on the charge of aggravated statutory rape. Defendant later entered a no contest plea to a lesser-included offense of assault by offensive touching on this charge. Following a sentencing hearing, the trial court imposed an effective one-year sentence suspended to three years of supervised probation, and the court denied Defendant’s request for judicial diversion. On appeal, Defendant contends that the evidence was insufficient to support his conviction for sexual battery and that the trial court abused its discretion in denying judicial diversion. Discerning no error, we affirm the judgments of the trial court.

allens_032222.pdf

STATE OF TENNESSEE v. COREY ALLEN HARRIS

Court: TN Court of Criminal Appeals

Attorneys:

Jessica F. Butler (on appeal), Assistant Public Defender – Appellate Division; Jeremy Epperson, District Public Defender; and Gregory D. Gookin (at trial), Assistant District Public Defender, for the appellant, Corey Allen Harris.

Herbert H. Slatery III, Attorney General and Reporter; James E. Gaylord, Senior Assistant Attorney General; Jody S. Pickens, District Attorney General; and Bradley Champine, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): WILLIAMS

The Defendant, Corey Allen Harris, was convicted after a jury trial of attempted second degree murder, aggravated assault, and employment of a firearm during the commission of a dangerous felony, and he received an effective eighteen-year sentence. The Defendant filed a motion for a new trial asserting that the evidence was insufficient and that the prosecutor’s argument was so improper as to constitute plain error. On appeal, the Defendant renews the challenges to the sufficiency of the evidence and the prosecutor’s closing argument, and he asks for relief based on the omission from the jury instructions of the statutory definition of attempt. Because the jury was not properly instructed on the elements of the offense of attempted second degree murder, we reverse the convictions for attempted second degree murder and employment of a firearm during the commission of attempted second degree murder, and we remand for further proceedings. The aggravated assault conviction is affirmed.

harrisc_032222.pdf

MARLON SONTAY v. STATE OF TENNESSEE

Court: TN Court of Criminal Appeals

Attorneys:

Mark Kovach, Nashville, Tennessee, for the appellant, Marlon Sontay.

Herbert H. Slatery III, Attorney General and Reporter; T. Austin Watkins, Assistant Attorney General; Glenn R. Funk, District Attorney General; Tammy Meade, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): MONTGOMERY

The Petitioner, Marlon Sontay, appeals from the Davidson County Criminal Court’s denial of post-conviction relief from his convictions for rape of a child, aggravated sexual battery, and rape. On appeal, the Petitioner contends that the post-conviction court erred by denying relief on his ineffective assistance of trial counsel claim. We affirm the judgment of the post-conviction court.

sontaym_032222.pdf

STATE OF TENNESSEE v. JEFFERY T. SILER

Court: TN Court of Criminal Appeals

Attorneys:

Jeffrey T. Siler, Pro Se, Wartburg, Tennessee.

Herbert H. Slatery III, Attorney General and Reporter; T. Austin Watkins, Senior Assistant Attorney General; and Charme Allen, District Attorney General, for the appellee, State of Tennessee.

Judge(s): MONTGOMERY

The pro se Defendant, Jeffrey T. Siler, appeals the Knox County Criminal Court’s order summarily dismissing his motion to correct a clerical error. See Tenn. R. Crim. P. 36. The State has filed a motion to affirm the trial court’s order pursuant to Tennessee Court of Criminal Appeals Rule 20. Following our review, we conclude that the State’s motion is well-taken and affirm the order of the trial court.

silerj_032222.pdf

MARLON JERMAINE JOHNSON v. STATE OF TENNESSEE

Court: TN Court of Criminal Appeals

Attorneys:

Marlon Jermaine Johnson, London, Kentucky, Pro Se.

Herbert H. Slatery III, Attorney General and Reporter; Ronald L. Coleman, Assistant Attorney General; Glenn Funk, District Attorney General; and, Shannon Poindexter, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge(s): MCMULLEN

The Petitioner, Marlon Jermaine Johnson, acting pro se, appeals the Davidson County Criminal Court’s summary dismissal of his petition for habeas corpus relief from his convictions for the sale of less than .5 grams of cocaine in violation of Tennessee Code Annotated section 39-17-417(c)(2)(A) and for possession with intent to sell .5 grams or more of cocaine in violation of Tennessee Code Annotated section 39-17-417(c)(1). On appeal, the Petitioner argues his sentence is illegal because the trial court entered his judgment incorrectly, resulting in errors on the face of the judgment. Upon our review, we affirm the judgment summarily dismissing the petition for writ of habeas corpus.

johnsonm_032222.pdf

TAVARES DEWAYNE BUCHANAN V. STATE OF TENNESSEE

Court: TN Court of Criminal Appeals

Attorneys:

Manuel B. Russ (on appeal) and Sean McKinney (at hearing), Nashville, Tennessee, for the appellant, Tavares Dewayne Buchanan.

Herbert H. Slatery III, Attorney General and Reporter; Benjamin A. Ball, Senior Assistant Attorney General; Glenn Funk, District Attorney General; and Tammy Meade, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): DYER

The petitioner, Tavares Dewayne Buchanan, appeals the denial of his post-conviction petition, arguing the post-conviction court erred in finding he received the effective assistance of counsel. Following our review, we affirm the post-conviction court’s denial of the petition.

buchanant_032222.pdf

STATE OF TENNESSEE v. JO C. BORDEN

Court: TN Court of Criminal Appeals

Attorneys:

Samuel W. Hinson, Lexington, Tennessee, for the appellant, Jo C. Borden.

Herbert H. Slatery III, Attorney General and Reporter; Katharine K. Decker, Senior Assistant Attorney General; Jody S. Pickens, District Attorney General; and Eric V. Wood and Chadwick R. Wood, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge(s): HOLLOWAY

Jo C. Borden, Defendant, pled guilty in an open plea in case number 19-360-3 to two counts of retaliation for past action and, in case number 19-361-3, to one count of vehicular assault; three counts of reckless aggravated assault; one count of reckless endangerment with a vehicle; and three counts of driving on a revoked license. The trial court sentenced Defendant to an effective sentence of five years in case number 19-360-3 and to an effective sentence of ten years in case number 19-361-3, and it aligned the sentences in the two cases consecutively. On appeal, Defendant argues that the trial court improperly sentenced him as a Range III, persistent offender, that it erred by imposing a sentence of confinement, and that it abused its discretion by aligning his sentences consecutively. After a thorough review, we determine that the trial court did not abuse its discretion by imposing consecutive sentences or by denying alternative sentencing but that the trial court erred in sentencing Defendant as a Range III, persistent offender. Accordingly, we remand for resentencing consistent with this opinion.

bordenj_032222.pdf