State of Tennessee v. Patricia White and Craig White
W2003-00751-CCA-R3-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Judge L. Terry Lafferty

A Gibson County jury convicted Patricia White of theft of property valued over $10,000, a Class C felony; the trial court sentenced her to a term of four years, suspended, and fifteen years’ probation. The same jury also convicted Patricia White’s husband, Craig White, of facilitation of theft of property valued over $10,000; the trial court sentenced him to a term of two years suspended, and two years’ probation. As a condition of probation, the trial court held the couple jointly liable for $124,000 in restitution. On appeal the defendants contend that the trial evidence is insufficient to support their convictions. They also contest the amount of restitution they have been ordered to pay. After an exhaustive review of the record, the briefs of the parties, and applicable law, we conclude that the evidence is sufficient to support Patricia White’s conviction, but we are unable to reach the same conclusion for Craig White’s facilitation conviction. Accordingly, we affirm Patricia White’s conviction; the conviction of Craig White is reversed, and the charge is dismissed. Finding that the trial court made inadequate findings in assessing restitution, we further remand that issue for determination based on the required statutory findings. Finally, we take notice that based on three statutory enhancement factors (none of which involved prior criminal history), the trial court set the length of Patricia White’s sentence at one year above the presumptive minimum sentence of three years; pursuant to Blakely v. Washington, ___ U.S. ___, 124 S. Ct. 2531 (2004), we modify her sentence to three years but leave undisturbed the length and terms of her probation.

State of Tennessee v. Ronnie W. Salmon
W2003-02402-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge C. Creed McGinley

Following a jury trial, Defendant, Ronnie W. Salmon, was convicted of driving under the influence of an intoxicant, second offense, a Class A misdemeanor. The trial court sentenced Defendant to eleven months, twenty-nine days, all suspended but sixty days. Defendant does not appeal his sentence. Defendant argues on appeal that the evidence was insufficient to support his conviction, that certain remarks made by the prosecutor during closing argument were improper, and that the trial court erred in not granting Defendant a mistrial on the basis of the prosecutor’s comments during closing argument. We affirm the judgment of the trial court.

Clyde Douglas Bishop v. Earthgrains Baking Companies
E2003-02714-WC-R3-CV
Authoring Judge: William H. Inman, Sr. J.
Trial Court Judge: Lawrence Puckett, Judge
The Plaintiff claimed to have suffered a compensable back injury. The evidence revealed that he had a congenital back condition which was not aggravated by the claimed injury, and his suit was dismissed. The judgment of dismissal is affirmed. The trial judge disallowed discretionary costs because to allow such costs would deter the filing of workers' compensation cases. On the issue of discretionary costs we reverse and remand for a determination and award of discretionary costs.

Leslie Lamont Coleman v. State of Tennessee
M2003-01755-CCA-R3-PC
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge J. Randall Wyatt, Jr.

The Petitioner, Leslie Lamont Coleman, appeals the trial court's dismissal of his petition for post conviction relief. The State has filed a motion requesting that this Court affirm the trial court's denial of relief pursuant to Rule 20, Rules of the Court of Criminal Appeals. The Petitioner filed his petition outside the statute of limitations. Accordingly, the State's motion is granted, and the judgment of the trial court is affirmed.

Donzel A. Watson v. State of Tennessee
M2003-02273-CCA-R3-PC
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Cheryl A. Blackburn

The Petitioner, Donzel A. Watson, appeals the trial court's dismissal of his petition for post conviction relief. The State has filed a motion requesting that this Court affirm the trial court's denial of relief pursuant to Rule 20, Rules of the Court of Criminal Appeals. The Petitioner filed his petition outside the statute of limitations. Accordingly, the State's motion is granted, and the judgment of the trial court is affirmed.

In re: D.N.G., S.D.P., et ux, J.A.S.P., v. R.L.G. and K.S.R.
M2003-02810-COA-R3-PT
Authoring Judge: Presiding Judge Herschel Pickens Franks
Trial Court Judge: Judge Betty Adams Green

The Trial Court terminated the mother’s parental rights to the four year old child. On appeal, we
Affirm.
 

First Tennessee Bank, N.A., Executor, Estate of Glenn P. Webb, Sr. v. Barbara Webb Stanfield, Paul W. Stanfield, Jr., Alicia M. Stanfield, et al.
E2003-02756-COA-R3-CV
Authoring Judge: Presiding Judge Herschel Pickens Franks
Trial Court Judge: Chancellor W. Frank Brown, III

The Chancellor construed a will and granted plaintiff summary judgment. Defendants insist the will is ambiguous. On appeal, we affirm.

Joe Bobby Yarbro v. State of Tennessee
W2004-00751-CCA-R3-PC
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge R. Lee Moore Jr.

The Petitioner, Joe Bobby Yarbro, appeals the trial court's denial of his petition for postc-onviction relief. The State has filed a motion requesting that this Court affirm the trial court's denial of relief pursuant to Rule 20, Rules of the Court of Criminal Appeals. Because the petition for post-conviction relief is time-barred by the statute of limitations, we grant the State's motion and affirm the judgment of the lower court.

Alfonzo Williams v. State of Tennessee
W2004-00325-CCA-R3-PC
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge Carolyn Wade Blackett

The petitioner, Alfonzo Williams, appeals the post-conviction court’s summary dismissal of his petition for post-conviction relief, alleging that the post-conviction court erroneously found that his petition was barred by the statute of limitations. Upon our review of the record and the parties’ briefs, we reverse the post-conviction court’s summary dismissal of the petition and remand for further proceedings consistent with this opinion.

Anthony K. Goods v. Tony Parker, Warden
W2003-02914-CCA-R3-HC
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge R. Lee Moore Jr.

The petitioner, Anthony K. Goods, appeals the Lake County Circuit Court’s dismissal of his petition for habeas corpus relief. We affirm in part and reverse in part.

Janet Simpson v. Donaldson Co., Inc.
E2003-02347-WC-R3-CV
Authoring Judge: Roger E. Thayer, Sp. J.
Trial Court Judge: Ben W. Wexler, Judge
The trial court dismissed the claim finding the employee's condition did not arise out of her employment. Plaintiff appeals and argues the evidence preponderates against the conclusion of the trial court. Judgment affirmed.

Lori Ann Johnson v. Mckee Foods Corporation
E2003-02899-WC-R3-CV
Authoring Judge: Roger E. Thayer, Sp. J.
Trial Court Judge: Howell N. Peoples, Chancellor
The trial court dismissed the claim holding it was barred by the expiration of the one year statute of limitations. The judgment is reversed as an issue of fact exists as to whether the statute of limitations should be suspended until the employee learned of her disability from her doctor.

Ellis L. Woods v. Lockheed Martin Energy Systems, Inc.
E2003-01789-WC-R3-CV
Authoring Judge: William H. Inman, Sr. J.
Trial Court Judge: Frank Williams III, Chancellor
The Plaintiff sustained a gradual hearing loss while working for successive employers performing essentially the same duties. The trial judge held that the last-injurious employment rule applied. We affirm.

Donna Payton v. Mckenzie Valve and Machining
W2003-02094-WC-R3-CV
Authoring Judge: Robert L. Childers, Sp.J.
Trial Court Judge: C. Creed Mcginley, Judge
In this appeal, Employer argues: (i) that the trial court erred in allowing the testimony of one of Employee's witnesses; (ii) that the evidence preponderates against the trial court's finding that Employee's injury was caused by her employment; and (iii) that the evidence preponderates against the trial court's award of 37.5% permanent partial disability to each arm. We conclude that the evidence fails to preponderate against the trial court's decision to allow the testimony of Employee's witness, the trial court's finding that Employee's injury was caused by her employment, and the trial court's award of 37.5% permanent partial disability to each arm. We, therefore, affirm the judgment of the trial court.

Danny Capps v. Anvil International, Inc.
W2003-01414-SC-WCM-CV
Authoring Judge: Joe H. Walker, III, Sp.J.
Trial Court Judge: Joe C. Morris, Chancellor
The trial court found that employee suffered a permanent partial disability of 15% to the right arm. We affirm.

Bernard Falcicchio v. Gibson Mechanical Contractors,
W2003-02078-WC-R3-CV
Authoring Judge: Robert L. Childers, Sp.J.
Trial Court Judge: George H. Brown, Jr., Judge
In this appeal, Employee argues that the trial court erred in granting the motion to dismiss filed by Gibson Mechanical Contractors, Inc. and Amerisure Insurance Company. We conclude that the trial court erred granting the motion to dismiss and reverse the judgment of the trial court.

Shirley Moore v. Best Metal Cabinets
W2003-00687-WC-R3-CV
Authoring Judge: Robert L. Childers, Sp.J.
Trial Court Judge: George R. Ellis, Chancellor
In this appeal, the Employer argues that the trial court erred in awarding permanent disability benefits to the Employee, in failing to apply the 2.5 cap pursuant to Tennessee Code Annotated section 5-6-241(a), and in failing to make specific findings of fact pursuant to Tennessee Code Annotated section 5-6-241(c). We conclude that the evidence preponderates in favor of the trial court's award of permanent disability benefit; that the evidence fails to preponderate against the trial court's award of benefits that exceed the 2.5 cap; and that the evidence preponderates against the trial court's award of six times the anatomic impairment rating. We, therefore, affirm the trial court's judgment, as modified.

Johnny Proffitt v. State of Tennessee
M2003-02953-CCA-R3-PC
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Jane W. Wheatcraft

The Petitioner, Johnny Proffitt, appeals the trial court's dismissal of his petition for post conviction relief. The State has filed a motion requesting that this Court affirm the trial court's denial of relief pursuant to Rule 20, Rules of the Court of Criminal Appeals. The Petitioner cannot collaterally attack his probation revocation order. Moreover, the petitioner filed his petition outside the statute of limitations. Accordingly, the State's motion is granted, and the judgment of the trial court is affirmed.

James Marvin Martin v. State of Tennessee
E2004-00740-CCA-R3-PC
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Richard R. Baumgartner

The petitioner, James Marvin Martin, appeals the denial of his petition for post-conviction relief, arguing that the post-conviction court erred in finding that his claim was beyond the statute of limitations. After careful review, we affirm the denial of the petition.

Joseph Matthew Maka v. State of Tennessee
W2003-01209-CCA-R3-PC
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge Roger A. Page

The petitioner appeals theMadison County Circuit Court’s denial of post-conviction relief. Because the post-conviction court had no jurisdiction to rescind its earlier grant of post-conviction relief, we reverse.

State of Tennessee v. Christopher David Hodge
W2003-01513-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Joseph H. Walker, III

The defendant, Christopher David Hodge, appeals his conviction of second degree murder. The defendant alleges that the evidence was insufficient to support the conviction and that the trial court erred in disallowing discovery of certain information relevant to preparation of a defense. From our review, we conclude there is no reversible error and affirm the conviction.

David E. Garrison v. State of Tennessee
M2003-02137-CCA-R3-PC
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge Cheryl A. Blackburn

The Petitioner, David E. Garrison, appeals the trial court's dismissal of his petition for post conviction relief. The State has filed a motion requesting that this Court affirm the trial court's denial of relief pursuant to Rule 20, Rules of the Court of Criminal Appeals. The Petitioner filed his petition outside the statute of limitations. Accordingly, the State's motion is granted, and the judgment of the trial court is affirmed.

State of Tennessee v. Lalon R. Davenport
M2003-02303-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge James K. Clayton, Jr.

The Defendant, Lalon R. Davenport, pled guilty to one count of violating the Motor Vehicle Habitual Offender Act. Pursuant to Tennessee Rule of Criminal Procedure 37, the Defendant reserved as a certified question of law the issue of whether the three-year time period articulated in the Habitual Offender Act bars prosecution for violating the Act after the time period has expired. We conclude that such prosecution is not barred by the Act, and the judgment of the trial court is therefore affirmed.

State of Tennessee v. Jonathan B. Cutshaw
E2003-02502-CCA-R3-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Judge Ben W. Hooper, II

The defendant, Jonathan B. Cutshaw, pleaded guilty in the Cocke County Criminal Court to one count of burglary, in violation of Tennessee Code Annotated section 39-14-402, and to one count of vandalism, in violation of Tennessee Code Annotated section 39-14-408. Pursuant to his plea agreement with the state, he accepted joint and several liability for restitution, along with others involved in the vandalism, and he received an effective sentence of three years, with the manner of service of the sentences to be determined by the trial court. After a sentencing hearing, the trial court ordered the defendant to serve his sentences in confinement and to pay restitution. It is from this order that the defendant appeals. We modify the judgment of the trial court as to manner of service of the sentences and remand for further findings regarding the appropriate amount of restitution.

State of Tennessee v. Carlos Eddings - Concurring and Dissenting
W2003-02255-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge W. Otis Higgs, Jr.

The majority concludes that modification of the defendant’s ten-year sentence is required in light of Blakely v. Washington, 542 U.S. __, 124 S. Ct. 2531 (2004). I must respectfully dissent.