State of Tennessee v. Joseph Chi-Choi Wong
M2003-00504-CCA-R3-CD
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge Cheryl A. Blackburn

The appellant, Joseph Chi-Choi Wong, was convicted by a jury on three counts of promoting prostitution and three counts of money laundering. As a result, he was sentenced to an effective sentence of twenty-four (24) years. In this direct appeal, the appellant challenges: (1) the trial court's decision to admit certain evidence that was found in the appellant's apartment; (2) the trial court's failure to dismiss the indictment due to the asserted unconstitutionality of the Tennessee prostitution and money laundering statutes; (3) the trial court's failure to sever the prostitution counts from the money laundering counts; (4) the trial court's failure to suppress the evidence procured from the appellant's apartment as a result of the search warrant; (5) the trial court's imposition of an excessive sentence; and (6) the trial court's failure to mitigate the appellant's sentence. After a thorough review of the record, we affirm the judgments of the trial court.

John W. Smith v. State of Tennessee
M2003-00729-CCA-R3-PC
Authoring Judge: Presiding Judge Gary R Wade
Trial Court Judge: Judge Cheryl A. Blackburn

The petitioner, John W. Smith, appeals the denial of his petition for post-conviction relief. The single issue presented for review is whether the petitioner was denied the effective assistance of counsel at trial. The judgment is affirmed.

State of Tennessee v. Daryl Eugene Fortner
M2003-00950-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Michael R. Jones

Following a jury trial, the defendant was convicted of two counts of attempted first degree murder, Class A felonies. He was also convicted of one count of aggravated burglary, a Class C felony. The defendant contends on appeal that (1) the evidence was insufficient to establish the requisite intent required for committing first degree murder, (2) the trial court erred in instructing the jury on diminished capacity, and (3) the sentence was excessive. Finding no reversible error, we affirm the judgments of the trial court.

Damien M. Jackson v. State of Tennessee
M2003-00952-CCA-R3-PC
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Cheryl A. Blackburn

The petitioner appeals from his denial of post-conviction relief. He alleges ineffective counsel and error by the post-conviction judge. After careful review, we conclude that the petitioner failed to prove ineffective counsel. Accordingly, we affirm the denial of relief.

State of Tennessee v. Stephen Gass
M2003-01079-CCA-R3-PC
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge J. S. Daniel

The petitioner, Steven Gass, was convicted by a jury in the Rutherford County Circuit Court of rape of a child, aggravated sexual battery, and attempted rape of a child. The petitioner received a total effective sentence of thirty-two years incarceration in the Tennessee Department of Correction. Subsequently, the petitioner filed a petition for post-conviction relief, citing several instances of ineffective assistance of counsel. After a hearing, the post-conviction court denied the petition, and the petitioner timely appealed. Upon review of the record and the parties' briefs, we affirm the judgment of the post-conviction court.

State of Tennessee v. Carl E. Leggett, Sr.
M2003-01388-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge J. Curtis Smith

The Defendant, Carl E. Leggett, Sr., was indicted by the Franklin County Grand Jury for possession of .5 grams or more of cocaine with the intent to sell or deliver. Following a jury trial, the Defendant was convicted of facilitation of possession with intent to sell over .5 grams of cocaine. The Defendant was sentenced as a Range II multiple offender to serve nine years in confinement and ordered to pay a $70,000 fine. In this appeal as of right, the Defendant challenges the sufficiency of the convicting evidence. The Defendant also challenges his sentence. After a careful review of the record, we reverse the judgment of the trial court on sufficiency grounds and dismiss the charges against the Defendant.

State of Tennessee v. Carl E. Leggett, Sr. - Dissenting
M2003-01388-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge J. Curtis Smith

I concur with the portion of the majority opinion which would affirm the trial court’s judgment regarding sentencing. However, I respectfully dissent from that portion of the opinion which holds that the evidence is insufficient to sustain the conviction of facilitation of possession with intent to sell over .5 grams of cocaine.

Terry L. Shropshire, Pro Se v. State of Tennessee
M2003-01436-CCA-R3-CO
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Robert L. Holloway

The Petitioner, Terry Shropshire, appeals the trial court's denial of his petition for habeas corpus 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 has failed to establish by a preponderance of the evidence that his conviction is void or his term of imprisonment has expired. Accordingly, the State's motion is granted and the judgment of the trial court is affirmed.

James Edward Dicken v. State of Tennessee
M2003-01455-CCA-R3-CD
Authoring Judge: Presiding Judge Gary R. Wade
Trial Court Judge: Judge Jane W. Wheatcraft

The petitioner, James Edward Dicken, appeals the denial of his petition for post-conviction relief. He contends that he was denied the effective assistance of counsel. The judgment of the post-conviction court is affirmed.

State of Tennessee v. Anthony Charles Henderson
M2003-02145-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge Leon C. Burns, Jr.

On August 1, 2001, Defendant, Anthony Charles Henderson, entered guilty pleas to two counts of sale of cocaine in an amount less than .5 grams, a Class C felony. See Tenn. Code Ann. § 39-17-417. Defendant received concurrent sentences of five years for his convictions with ninety days to be served in confinement and the remainder to be served on supervised probation. Defendant was also ordered to pay $2,000 in fines. On July 24, 2002, a violation of probation warrant was issued. Following an evidentiary hearing, the trial court found that Defendant violated the conditions of his probation and ordered Defendant to serve his original sentences in confinement. Defendant appeals the trial court’s revocation of probation, arguing that there was no substantial evidence to support the revocation. Defendant also argues that the sentences imposed following the revocation were excessive. After reviewing the record on appeal, we conclude that the trial court did not abuse its discretion in revoking Defendant’s probation and ordering Defendant to serve his original sentences in confinement.

State of Tennessee v. Steven A. Meyer
M2003-02297-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Michael R. Jones

At his first trial, the defendant, Steven A. Meyer, was convicted of first degree murder and the trial court, sua sponte, overturned the jury verdict, concluding that it was against the weight of the evidence. At the second trial, the jury again found the defendant guilty of first degree premeditated murder, and he was sentenced to life imprisonment. On appeal, he argues that the evidence was insufficient to sustain his conviction. Following our review, we affirm the judgment of the trial court.

State of Tennessee, ex rel. Laura Fabrizio vs. Richard R. Cadmus
E2003-01556-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Judge Russell E. Simmons, Jr.

In 2001, the trial court entered an order ("the 2001 order") awarding the State of Tennessee ex rel. Laura Fabrizio ("the State") a child support arrearage of $9,785. Subsequently, the same court, by order entered March 25, 2003, confirmed a referee's "Findings and Recommendations" adding interest of $2,152.70 to the original award. Richard R. Cadmus ("Father") seeks to go behind the 2001 order in an attempt to invalidate it on a number of grounds. The State, on the other hand, complains that the interest calculated by the referee and approved by the trial court is incorrect. We find no basis in the record submitted to us for disturbing the trial court's last order. Accordingly, we affirm.

Ralph E. Harwell, Interim Conservator of the Property, Estate, and Financial Affairs of Carolyn Mitchell Brown v. John H. Watson, Jr.
E2003-01796-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: Chancellor Sharon J. Bell

Conservator brought action to recover assets for the Estate of Carolyn Brown which had been given to defendant by Brown. The Chancellor invoked the constructive trust doctrine and ordered assets returned to the Estate. On appeal, we affirm.
 

Stefan Olaru v. Steven D. Brown
E2003-02875-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Judge Jacqueline E. Schulten

Stefan Olaru filed an action for malpractice against his former attorney, Steven D. Brown. The trial court dismissed the complaint based upon the defendant's plea of a discharge in bankruptcy. The plaintiff appeals. We affirm.

State of Tennessee v. Kewan Jackson
W2003-01917-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge J. C. McLin

The appellant, Kewan Jackson, was found guilty by a jury in the Shelby County Criminal Court of criminally negligent homicide and reckless aggravated assault. The appellant received a total effective sentence of three years in the Shelby County Workhouse. On appeal, the appellant challenges the sufficiency of the evidence supporting his convictions and the refusal of the trial court to remove a juror. Upon our review of the record and the parties’ briefs, we affirm the judgments of the trial court.

Chattanooga Ag Assoc v. William F. Sapp, Joy G. Sapp, Tri-County Equipment Inc., Deer and Co., Gary Seals, D/B/A Gary Seals Livestock and Citizens Tri-County Bank
2003-01984-COA-R3-CV
Authoring Judge: Presiding Judge Herschel Pickens Franks
Trial Court Judge: Chancellor Jeffrey Franklin Stewart

The Trial Court held defendant’s purchase money security interest in cattle had priority over
plaintiffs’ prior security interest. On appeal, we affirm.

Michael W. Carpenter v. State of Tennessee
M2002-02187-SC-R11-PC
Authoring Judge: Justice E. Riley Anderson
Trial Court Judge: Judge Seth W. Norman

We granted review to determine whether the revocation of a community corrections sentence may be challenged in a post-conviction petition on the ground of ineffective assistance of counsel. The trial court found that the petitioner could not collaterally attack the revocation of his community corrections sentence in a post-conviction proceeding and dismissed the post-conviction petition. The Court of Criminal Appeals reversed the trial court's judgment and remanded for further proceedings. After reviewing the record and applicable authority, we agree with the Court of Criminal Appeals' conclusion that a petitioner may challenge the revocation of a community corrections sentence in a post-conviction proceeding and that the trial court erred in dismissing the petitioner's post-conviction petition. We therefore affirm the Court of Criminal Appeals' judgment and remand to the trial court for further proceedings.

Scott Greer, D/B/A A-1 Septic Tank v. George Willis, et al.
M2003-02508-COA-R3-CV
Authoring Judge: Presiding Judge William C. Koch, Jr.
Trial Court Judge: Judge John D. Wootten, III

This appeal involves an action for breach of an oral contract to pump out a swimming pool. The Circuit Court for Wilson County conducted a bench trial and awarded the plaintiff a judgment against both the owner of the pool and the affiliate real estate broker who requested the work. We have concluded that the evidence does not support the judgment against the property owner but affirm the judgment against the broker.

Orlando Malone v. State of Tennessee
E2003-02095-CCA-R3-PC
Authoring Judge: Presiding Judge Gary R Wade
Trial Court Judge: Judge Carroll L. Ross

The petitioner, Orlando Malone, appeals the denial of post-conviction relief. The single issue presented for review is whether the petitioner was denied the effective assistance of counsel. The judgment is affirmed.

Billy David Grubb v. State of Tennessee
E2003-02189-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Ray L. Jenkins

The petitioner, Billy David Grubb, pled guilty in 2001 to first degree premeditated murder and especially aggravated burglary for which he was sentenced, respectively, to consecutive sentences of life without parole and twelve years. Subsequently, he filed a timely petition for post-conviction relief, which was amended by counsel, claiming, inter alia, that trial counsel had been ineffective by not seeking a pretrial mental evaluation. Following an evidentiary hearing, the post-conviction court dismissed the petition. After review, we affirm the dismissal.

Jimmy Leslie Sluder v. State of Tennessee
E2003-02222-CCA-R3-PC
Authoring Judge: Presiding Judge Gary R Wade
Trial Court Judge: Judge Ray L. Jenkins

The petitioner, Jimmy Leslie Sluder, appeals the trial court's dismissal of his petition for habeas corpus relief. The single issue presented for review is whether the trial court erred by dismissing the petition for writ of habeas corpus without an evidentiary hearing. The judgment is affirmed.

Sam Wilson v. Jerry Esch, et al.
W2003-02866-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Chancellor W. Michael Maloan

The trial court awarded Appellee recision of a contract for purchase of an automobile. We affirm.

State of Tennessee v. Randy Anderson
W2003-01472-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge Julian P. Guinn

The appellant, Randy Anderson, pled guilty in the Henry County Circuit Court to manufacturing
methamphetamine and was sentenced to three years, with 180 days to be served in confinement and the balance to be served in the community corrections program. The trial court ordered the sentence to be served concurrently with a previous sentence in Madison County. The trial court subsequently revoked the appellant’s community corrections sentence and resentenced the appellant to four years in the Tennessee Department of Correction, to be served consecutively to sentences imposed in Weakley and Dyer Counties. On appeal, the appellant challenges the imposition of consecutive sentencing. Upon review of the record and the parties’ briefs, we affirm the judgment of the trial court.

Marks, Shell, and Maness, et al. v. Cynthia T. Mann, et al.
M2002-00652-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Chancellor John H. Gasaway, III

This cause is a civil suit for damages against Gary and Cynthia Mann resulting from Cynthia Mann's embezzlement of funds totaling $550,000.00 from the law firm of Marks, Shell, and Maness. The trial court found Mr. and Mrs. Mann jointly and severably liable for the loss. Mr. Mann appeals. We affirm the ruling of the trial court.

State of Tennessee v. Dee Thompson
M2003-01149-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge Seth W. Norman

The appellant, Dee W. Thompson, was convicted by a jury in the Davidson County Criminal Court of three counts of aggravated rape. He was sentenced to life imprisonment without the possibility of parole. On appeal, the appellant challenges the sufficiency of the evidence supporting his convictions, the trial court's rulings regarding the admissibility of prior testimony, and the qualification of a witness to testify as an expert. Upon review of the record and the parties' briefs, we affirm the judgments of the trial court.