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• Legal News (8)
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Today's Opinions

• TN Supreme Court (1)
• TN Court of Appeals (5)
• TN Court of Criminal Appeals (2)
• 6th Circuit Court (Published Opinions) (2)

DISCRETIONARY APPEALS Grants & Denials List

Court: TN Supreme Court

December 22, 2025 - December 26, 2025.

certlist_123035.pdf

JULEAH MARIE BARRETTSMITH v. CHRISTOPHER JAMES JEFFERS

Court: TN Court of Appeals

Attorneys:

Juleah Barrettsmith, Apison, Tennessee, pro se.

Zachary Tyler Scott-Templeton, Gallatin, Tennessee, for the appellee, Christopher James Jeffers.

Judge(s): BENNETT

Petitioner seeks to appeal a denial of her motion to recuse. Because she did not include her trial court motion and supporting documents, the record is insufficient to determine this appeal. We affirm.

barrettsmithj_123025.pdf

AARON CREGATI v. BREANNA NICOLE PETET

Court: TN Court of Appeals

Attorneys:

Aaron Cregati, Capitol Heights, Maryland, pro se appellant.

Christian Nicole Benjamin, Chattanooga, Tennessee, for the appellee, Breanna Nicole Petet.

Judge(s): MCCLARTY

This appeal concerns the trial court’s granting of a petition to extend an order of protection for ten years after finding that the respondent violated the original order of protection multiple times and failed to appear for hearings throughout the litigation. Because none of the issues the appellant raises were raised in the trial court, we dismiss the appeal. Pursuant to Tennessee Code Annotated section 36-3-617(a)(1), we award the appellee’s reasonable attorney fees and costs incurred in defending the appeal and remand for calculation of the amount.

cregatia_123025.pdf

TOWN OF GREENBACK, TENNESSEE, ET AL. v. M&M STONE FARMS, LLC, ET AL.

Court: TN Court of Appeals

Attorneys:

Brian R. Bibb, Knoxville, Tennessee, and Melanie E. Davis, Maryville, Tennessee, for the appellant, the Town of Greenback, Tennessee.

Robert L. Bowman and Nathaniel D. Moore, Knoxville, Tennessee, for the appellant, the Regional Planning Commission of Loudon County, Tennessee.

Michael S. Kelley; Rob Quillin, II; and Jeffrey M. Cranford, Knoxville, Tennessee, for the appellees, M&M Stone Farms, LLC, and Tri-County Crushed Stone, LLC.

Judge(s): FRIERSON

This action involves the proper use and zoning of a parcel of real property. The trial court granted summary judgment in favor of the property owner, determining that the owner’s use of the property as a quarry was not prohibited because the subject property was unzoned. The trial court based its ruling on the municipality’s inability to produce a validly enacted zoning ordinance that applied to the specific parcel. The municipality and its planning commission have appealed. Discerning no reversible error, we affirm. We also find that the property owner’s motions to consider post-judgment facts and to dismiss the appeal are not well taken, and we deny those motions.

greenback_123025.pdf

SCOTT MATERIALS, INC. v. S.T.A. FINANCIAL, INC., ET AL.

Court: TN Court of Appeals

Attorneys:

Dan E. Huffstutter, Nashville, Tennessee, for the appellant, Scott Materials, Inc.

J. Ross Pepper and Peter D. Suglia, Nashville, Tennessee, for the appellee, S.T.A. Financial, Inc. and Scott Anderson.

Judge(s): CLEMENT

This is an action for breach of contract and violations of the Tennessee Consumer Protection Act (the “TCPA”). The defendants, who are Minnesota residents and who have no business activities in Tennessee except for this one transaction with the plaintiff, responded to the complaint by filing a Tenn. R. Civ. P. 12.02 motion to dismiss for lack of personal jurisdiction and failure to state a claim on which relief could be granted. The trial court granted the motion on both grounds. This appeal followed. Finding no error, we affirm.

materialss_123025.pdf

IN RE ZAIMEON M.

Court: TN Court of Appeals

Attorneys:

Chanler L., Newcomb, Tennessee, pro se appellant.

Jonathan Skrmetti, Attorney General & Reporter, and Jason R. Trautwein, Assistant Attorney General, for the appellee, Tennessee Department of Children’s Services.

Judge(s): MCCLARTY

This action involves the termination of a mother’s parental rights to her minor child. Following a bench trial, the court found that clear and convincing evidence existed to establish several statutory grounds of termination as applied to the mother. The court also found that termination was in the child’s best interest. We now affirm.

zaimeonm_123025.pdf

STATE OF TENNESSEE v. JEREMY MICHAEL FOWLER

Court: TN Court of Criminal Appeals

Attorneys:

Sean R. Aiello, (on appeal) Franklin, Tennessee, and Marci M. Curry and Theresa Smith (at trial) for the appellant, Jeremy Michael Fowler.

Jonathan Skrmetti, Attorney General and Reporter; William C. Lundy, Assistant Attorney General; Stacey B. Edmonson, District Attorney General; and Jay Fahey and Jennifer K. Dungan, Assistant District Attorneys General, for the appellee, State of Tenne

Judge(s): HOLLOWAY

A Williamson County jury convicted Jeremy Michael Fowler (“Defendant”) in Case No. W-CR22-213-A (“the Waffle House Case”) of seven counts of Class A misdemeanor reckless endangerment (Counts 1-7), two counts Class C felony aggravated assault (Counts 8 and 9), and one count of Class A misdemeanor unlawful possession of a weapon after having been convicted of a misdemeanor crime of domestic violence (Count 11). At the outset of the sentencing hearing in the Waffle House Case, Defendant entered guilty pleas in Case No. W-CR230286 (“the Jail Case”) to two counts of Class A misdemeanor assault, which stemmed from incidents that occurred while Defendant was incarcerated awaiting trial in the Waffle House Case. Following a sentencing hearing, the trial court sentenced Defendant in the Waffle House Case to two consecutive terms of six years on the aggravated assault convictions, six consecutive terms of eleven months and twenty-nine days on the reckless endangerment convictions, and a consecutive term of eleven months and twenty-nine days on the weapons charge. The court merged the reckless endangerment conviction in Count 7 with Count 6. Additionally, pursuant to his plea agreement in the Jail Case, the trial court sentenced Defendant to concurrent terms of eleven months and twenty-nine days on the assault convictions and ordered the sentence to run consecutively to the sentence in the Waffle House Case. On appeal, Defendant claims the court erred by (1) failing to merge all the reckless endangerment convictions in the Waffle House Case, (2) misapplying enhancement and mitigating factors resulting in an excessive sentence, and (3) imposing consecutive sentences. Based upon the proof presented at trial, the indictment, and the jury verdicts in the reckless endangerment offenses, we reverse the court’s merger of Count 7 into Count 6 and remand for the trial court to enter an amended judgment omitting the merger language in Count 7 and aligning the sentence in Count 7 concurrently with Count 6. In all other regards, we affirm the judgments of the trial court.

fowlerj_123025.pdf

MARCUS WILLINGHAM v. STATE OF TENNESSEE

Court: TN Court of Criminal Appeals

Attorneys:

Marcus Willingham, Hartsville, Tennessee, Pro Se (on appeal); Christian T. Moore, Nashville, Tennessee (at evidentiary hearing), for the appellant, Marcus Willingham.

Jonathan Skrmetti, Attorney General and Reporter; Ronald L. Coleman, Senior Assistant Attorney General; Jennings H. Jones, District Attorney General; and Sharon Reddick, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): DYER

The petitioner, Marcus Willingham, appeals the denial of his petition for post-conviction relief, arguing the post-conviction court erred in denying his ineffective assistance of counsel claim. Following our review, we affirm the denial of the petition.

willinghamm_123024.pdf

IN RE: HUMANA, INC.

Court: 6th Circuit Court (Published Opinions)

Attorneys:

ON PETITION FOR PERMISSION TO APPEAL: Michael P. Abate, Burt A. (Chuck) Stinson, KAPLAN JOHNSON ABATE & BIRD LLP, Louisville, Kentucky, K. Cassandra Carter, DINSMORE & SHOHL LLP, Cincinnati, for Petitioner.

ON RESPONSE: James S. Wertheim, Michael Hartmere, Brittany Clark, THE HQ FIRM, P.C., West Jordan, Utah, for Respondent.

Judge(s): BATCHELDER, STRANCH, and BLOOMEKATZ, Circuit Judges

Court Appealed: United States District Court for the Western District of Kentucky at Louisville

Defendant Humana, Inc. petitions for permission to appeal a district court order certifying a class in this action alleging violations of the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. § 227. Plaintiff David Elliot opposes the petition. Accordingly, the petition for permission to appeal is DENIED.

humana_123025.pdf

UNITED STATES OF AMERICA v. SIR MAEJOR PAGE

Court: 6th Circuit Court (Published Opinions)

Attorneys:

ARGUED: Kevin M. Schad, FEDERAL PUBLIC DEFENDER’S OFFICE, Cincinnati, Ohio, for Appellant.

ARGUED: Segev Phillips, UNITED STATES ATTORNEY’S OFFICE, Cleveland, Ohio, for Appellee.

ON BRIEF: Kevin M. Schad, FEDERAL PUBLIC DEFENDER’S OFFICE, Cincinnati, Ohio, for Appellant.

ON BRIEF: Segev Phillips, UNITED STATES ATTORNEY’S OFFICE, Cleveland, Ohio, for Appellee.

Judge(s): MOORE, THAPAR, and RITZ, Circuit Judges

Court Appealed: United States District Court for the Northern District of Ohio at Toledo

THAPAR, Circuit Judge. In summer 2020, Sir Maejor Page raised hundreds of thousands of dollars through a Facebook page he created for Black Lives Matter of Greater Atlanta. Donors thought Page was using their funds to support protests. But in reality, he spent the money on a prostitute, guns, booze, tailored suits, and a new house. As a result, Page was convicted of wire fraud and money laundering. On appeal, he challenges both his conviction and sentence. Because none of his arguments has merit, we affirm.

pages_123025.pdf