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Today's Opinions

• TN Court of Appeals (6)
• TN Court of Criminal Appeals (6)

KEVIN W. ADDIS ET AL. v. EAGLE CDI, INC.

Court: TN Court of Appeals

Attorneys:

.F Clinton Little, Knoxville, Tennessee, and Matthew B. Evans, Morristown, Tennessee, for the appellants, Kevin W. Addis and Barbara E.Addis.

Andrew S. Roskind and Kiel A. Kovalcik, Franklin, Tennessee, for the appellee, Eagle CDI, Inc.

Judge(s): FRIERSON

In this contract dispute, the trial court dismissed the petitioners' claims of fraudulent inducement and misrepresentation predicated on a lack of subject matter jurisdiction. The trial court also awarded attorney's fees to the defendant. The petitioners have appealed. Discerning no reversible error, we affirm.

addisk_112624.pdf

JANET DOE v. CITY OF MEMPHIS, TENNESSEE

Court: TN Court of Appeals

Attorneys:

Jonathan P. Lakey, John Joseph Cook, Lani Danielle Lester, and Robert D. Meyers, Memphis, Tennessee, for the appellant, City of Memphis.

Gary K. Smith, C. Philip M. Campbell, Daniel Owen Lofton, and Paul Forrest Craig, Memphis, Tennessee, for the appellee, Janet Doe.

Judge(s): BENNETT

Shortly after the City of Memphis (“the City”) made public announcements regarding untested sexual assault kits, three women filed a class action complaint alleging that the announcements caused them severe emotional distress. More than a year after the announcements, the plaintiffs amended the complaint to add a new plaintiff. The three original plaintiffs’ claims were either voluntarily dismissed or dismissed by the trial court based upon the statute of limitations. The City sought summary judgment against the only remaining plaintiff on the ground that her claims were time-barred. The trial court denied the motion for summary judgment, and this Court granted the City’s petition for an interlocutory appeal. Concluding that the applicable statute of limitations barred the new plaintiff’s claims, we reverse the trial court’s decision and remand.

doej_112624.pdf

LOGAN R. MCDAVID v. ANDREA MURRAY

Court: TN Court of Appeals

Attorneys:

Logan R. McDavid, Dayton, Tennessee, Pro Se.

Gregory W. Francisco, Kingsport, Tennessee, for the appellee, Andrea McKenna Murray McDavid.

Judge(s): FRIERSON

Because the order from which the appellant has filed an appeal does not constitute a final appealable judgment, this Court lacks subject matter jurisdiction to consider this appeal.

mcdavidl_112624.pdf

ANN MARIE ROBERTS v. CHATTANOOGA AREA REGIONAL TRANSPORTATION AUTHORITY

Court: TN Court of Appeals

Attorneys:

R. Ethan Hargraves, Chattanooga, Tennessee, for the appellant, An Marie Roberts.

Philip Aaron Wells, Chattanooga, Tennessee, for the appellee, Chattanooga Area Regional Transportation Authority.

Judge(s): FRIERSON

In this negligence action, the trial court granted summary judgment ni favor of the defendant, finding that the plaintiff, who is legally blind, had failed ot present evidence that her fal from a street curb and resultant injury were caused yb the defendant's aleged negligence ni failing to make a courtesy stop at the location the plaintiff had requested for exiting a city bus. The plaintiff has appealed. Discerning no reversible error, we affirm.

robertsa_112624.pdf

CARRIE M. THOMPSON v. STEPHEN MATTHEW THOMPSON

Court: TN Court of Appeals

Attorneys:

Jay B. Jackson, Murfreesboro, Tennessee, for the appellant, Carrie M. Thompson.

Heather G. Parker, Murfreesboro, Tennessee, for the appelee, Stephen Mathew Thompson.

Judge(s): MCBRAYER

Parents filed competing petitions to modify a parenting plan. The parents agreed there had been a material change ni circumstances warranting a modification. But they disagreed over hte residential custody schedule and decision-making provisions. After ahearing, the trial court modified the schedule and granted joint decision-making. Because neither decision was an abuse of discretion, we affirm.

thompsonc_112624.pdf

KEDALO CONSTRUCTION, LLC ET AL. v. LINDA DUYGUL WARD ET AL.

Court: TN Court of Appeals

Attorneys:

Daniel Alexander Horowitz and Melissa Kathleen Dix, Nashville, Tennessee, for the appellants, Linda Duygul Ward and Caledonia Forest, LC.

Michael Anthony Johnson and Fred Dalton Thompson, III, Nashville, Tennessee, for the appellees, Kedalo Construction, LLC, and Randy Whetsell.

Judge(s): BENNETT

Ms. Ward hired Kedalo Construction LLC ("Kedalo") to renovate her store. She claimed that the work was not completed or was not done properly. After Kedalo attempted to remedy the situation, Ms. Ward was still not satisfied. Kedelo then said she was not their problem anymore. Ms. Ward created awebsite and Facebook page criticizing the company. Kedalo sued for defamation. Ms. Ward responded with a petition to dismiss pursuant to the Tennessee Public Participation Act. After many filings and a deposition, the trial court dismissed the petition. M.s Ward appeals. We reverse and remand for further proceedings.

wardl_112624.pdf

STATE OF TENNESSEE v. CALVIN DWIGHT BUTLER

Court: TN Court of Criminal Appeals

Attorneys:

Jessica F. Butler, Franklin, Tennessee, for the appellant, Calvin Dwight Butler.

Jonathan Skrmetti, Attorney General and Reporter; Garrett D. Ward, Assistant Attorney General; Coty Wamp, District Attorney General; and Charles Minor, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): DYER

The defendant, Calvin Dwight Butler, pled guilty to sexual exploitation of a minor. As a condition of his plea, the defendant agreed to a sentence of six years with the manner of service to be determined by the trial court. After a sentencing hearing, the trial court ordered the defendant to serve his six-year sentence incarcerated with the Tennessee Department of Correction. On appeal, the defendant contends the trial court erred in sentencing the defendant to a term of confinement. Upon our review of the record and the parties’ briefs, we affirm the trial court’s decision.

butlerc_112624.pdf

STATE OF TENNESSEE v. DESMOND LANIER HATCHETT

Court: TN Court of Criminal Appeals

Attorneys:

D.T. Christmas (at sentencing and on appeal), and Spencer Reed (at trial), Knoxville, Tennessee, for the appellant, Desmond Lanier Hatchett.

Jonathan Skrmetti, Attorney General and Reporter; Garret D. Ward, Senior Assistant Attorney General; Charme P. Allen, District Attorney General; and Willie Lane and Randall Kilby, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge(s): AYERS

Defendant, Desmond Lanier Hatchett, was convicted by a Knox County jury of evading arrest with risk of death or injury, driving while his license was revoked, reckless driving, violation of the financial responsibility law, and violation of the window tint law. The trial court imposed an effective sentence of six years’ incarceration. Defendant appeals, arguing that the trial court erred in imposing a six-year sentence for evading arrest with risk of death or injury. Upon review of the entire record, briefs and oral arguments of the parties, and the applicable law, we affirm the judgment of the trial court.

hatchettd_112624.pdf

RICKY HUNT v. STATE OF TENNESSEE

Court: TN Court of Criminal Appeals

Attorneys:

Michael E. Scholl, Memphis, Tennessee, for the appellant, Ricky Hunt.

Jonathan Skrmetti, Attorney General and Reporter; Richard D. Douglas, Senior Assistant Attorney General; Steven J. Mulroy, District Attorney General; and Russell Born, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): WEDEMEYER

The Petitioner, Ricky Hunt, pleaded guilty to two counts of second-degree murder and one count of attempted especially aggravated robbery in exchange for an effective thirty-year sentence. The Petitioner filed a petition for post-conviction relief, along with two amended petitions. After an evidentiary hearing, the post-conviction court denied the post-conviction petition. On appeal, the Petitioner contends that the post-conviction court erred when it denied his petition because: (1) trial counsel was ineffective for failing to explain the corroboration requirement regarding accomplice testimony and for failing to help him file a motion to withdraw his guilty plea; and (2) his guilty plea was not knowingly and voluntarily entered because trial counsel failed to advise him that his sentence was required to be served at 100%. After review, we affirm the post-conviction court’s judgment.

huntr_112624.pdf

STATE OF TENNESSEE v. MENDY POWELL NEAL

Court: TN Court of Criminal Appeals

Attorneys:

F. Lee Spratt, Charlotte, Tennessee (on appeal and at trial and sentencing), and Olin J. Baker, Charlotte, Tennessee (at sentencing), for the appellant, Mendy Powell Neal.

Jonathan Skrmetti, Attorney General and Reporter; Benjamin A. Ball, Senior Assistant Attorney General; Ray Crouch, District Attorney General; and Dani Bryson, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): CAMPBELL

After three days of a Dickson County jury trial, the Defendant, Mendy Powell Neal, who was charged with the first degree premeditated and felony murder of her husband and the aggravated arson of their home, entered a North Carolina v. Alford, 400 U.S. 25, 37 (1970), best interest plea to voluntary manslaughter, a Class C felony, in exchange for the dismissal of the felony murder and aggravated arson counts of the presentment and an agreed range of three to four years, with the trial court to determine the length and manner of service of the sentence. At the conclusion of the sentencing hearing, the trial court denied the Defendant’s request for judicial diversion, determined that she was not a suitable candidate for probation or other alternative sentencing, and sentenced her as a Range I, standard offender to four years at 30% in the Tennessee Department of Correction. Following the denial of what the Defendant styled as a “Motion for New Trial,” which the trial court treated as a Rule 35 motion for a reduction in sentence, the Defendant filed an untimely appeal to this court in which she argues that the trial court erred in both the length and manner of service of the sentence. Based on our review, we conclude that the interest of justice does not warrant that the timely notice of appeal requirement be waived for the Defendant’s attempt to appeal the trial court’s original sentencing determinations. We further conclude that the trial court acted within its discretion by declining to reduce or modify the sentence pursuant to Rule 35 of the Tennessee Rules of Criminal Procedure. Accordingly, we affirm the judgment of the trial court.

nealm_112624.pdf

STATE OF TENNESSEE v. TIMOTHY DION WELLS

Court: TN Court of Criminal Appeals

Attorneys:

Mary Eugenia “Gena” Lewis (at trial, motion for new trial hearing, and on appeal) and T. Scott Jones (at trial and sentencing hearing), Knoxville, Tennessee, for the appellant, Timothy Dion Wells.

Jonathan Skrmetti, Attorney General and Reporter; Edwin Alan Groves, Jr., Assistant Attorney General; Charme Allen, District Attorney General; Nathaniel Ogle, Assistant District Attorney General; and Rebecca Spicer-Keller, Special Prosecuting Attorney, for the appellee, State of Tennessee.

Judge(s): MONTGOMERY

The Defendant, Timothy Dion Lewis, was convicted by a Knox County Criminal Court jury of second degree murder, for which he is serving a twenty-two-year sentence as a Range I offender. See T.C.A. § 39-13-210(a)(1) (2018). On appeal, he contends that: (1) the evidence is insufficient to support his conviction, (2) the trial court erred in various evidentiary rulings, (3) he is entitled to a new trial based upon the cumulative effect of multiple trial errors, and (4) his sentence is excessive. We affirm the judgment of the trial court.

wellst_112624.pdf

STATE OF TENNESSEE v. JOSHUA ANTHONY WILLIAMS, ALIAS

Court: TN Court of Criminal Appeals

Attorneys:

Jonathan Harwell and Halle Hammond (on appeal); Eric Lutton, District Public Defender; Adam Elrod and Maggy Greenway (at trial); Assistant Public Defenders, for the appellant, Joshua Anthony Williams, alias.

Jonathan Skrmetti, Attorney General and Reporter; Courtney N. Orr, Deputy Attorney General; Charme P. Allen, District Attorney General; and Ashley McDermott, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): MCMULLEN

The Defendant, Joshua Anthony Williams, alias, pleaded guilty in the Knox County Criminal Court to statutory rape. Pursuant to a plea agreement, the Defendant was to receive a four-year sentence as a Range II offender to be served on probation following one year of confinement, and the trial court was to determine whether to grant judicial diversion and whether to require the Defendant to register as a sexual offender. Following a hearing, the trial court granted the Defendant’s request for judicial diversion, extending the diversionary period to six years, and placed the Defendant on the sexual offender registry during the diversionary period. On appeal, the Defendant contends that the trial court erred in placing him on the sexual offender registry. We conclude that the Defendant does not have an appeal as of right pursuant to Tennessee Rule of Appellate Procedure 3 and that the Defendant failed to satisfy the requirements for extraordinary relief pursuant to Tennessee Rule of Appellate Procedure 10. Accordingly, we dismiss the appeal.

williamsj_112624.pdf