State of Tennessee v. Darwin Treece
W2002-02738-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Jon Kerry Blackwood

The defendant pled guilty to one count of delivering a Schedule II controlled substance (Hydromorphone). He was sentenced to 50 months to be served with Corrections Management Corporation, a community-based alternative, after service of 180 days in the county jail. The defendant appealed the sentence, contending that it was excessive. We hold that the trial court properly rejected mitigating factor one because drug dealing inherently involves the risk of bodily injury and that the defendant’s prior criminal behavior justified the sentence imposed. Finding no error, the judgment is affirmed.

W2002-02353-COA-R3-CV
W2002-02353-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Robert A. Lanier

Clemmye Mullenix Berger v. Brenda O'Brien,
W2002-00227-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: D. J. Alissandratos

Clemmye Mullenix Berger v. Brenda O'Brien,
W2002-00227-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: D. J. Alissandratos

CH-02-0609-1
CH-02-0609-1
Trial Court Judge: Walter L. Evans

James Jackson vs. Jackson, Johnson & Murphey
E2002-02476-COA-R3-CV
Authoring Judge: Sr. Judge William H. Inman
Trial Court Judge: W. Neil Thomas, III
This litigation is between a former shareholder of the defendant accounting corporation. These parties entered into an employment contract together with a deferred compensation agreement. After two years, each party claimed the other was in material breach: the Plaintiff asserted a breach because, inter alia, the Defendant refused to treat him as an employee, while the Defendant asserted a breach because the Plaintiff prepared a number of tax returns [66], inter alia, for clients of the firm without recourse to the firm. The trial court found that no mutual material breaches had occurred, and that the Plaintiff was entitled to recover the balance of his deferred compensation which had been terminated by the Defendant owing to the Plaintiff's alleged breaches. The judgment is modified.

Patricia Lyman v. Lawrence James
E2002-02859-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: W. Neil Thomas, III
After over thirty years of marriage, Patricia A. Lyman ("Wife") left Lawrence A. James ("Husband") and moved to the state of Washington and began living with her new boyfriend. After Husband learned of Wife's affair, the parties agreed to a divorce based on irreconcilable differences and entered into a marital dissolution agreement ("MDA"). Both parties signed the MDA before a Notary Public, but neither party was administered an oath prior to his or her signing. The MDA provided that Husband would receive the entire amount of his pension. Over six months after the parties were granted a divorce, Wife filed a new lawsuit claiming she gave up any claim to Husband's pension because of Husband's fraud and/or misrepresentations. Wife also claimed the court which granted the divorce lacked personal jurisdiction to enter the final divorce decree because neither Husband nor Wife were administered oaths prior to signing the MDA, which Wife claimed resulted in the MDA not being properly notarized. The Trial Court concluded the failure of the Notary Publics to administer oaths did not render the MDA invalid. The Trial Court also concluded Wife failed to meet her burden of proving fraud and/or misrepresentations on the part of Husband. Wife appeals, and we affirm.

Ronnie Johnson vs. Mark R. White
E2002-02815-COA-R3-CV
Authoring Judge: Sr. Judge William H. Inman
Trial Court Judge: Bill Swann
These three cases were consolidated for trial. Each Respondent agreed to an Order of Protection sought by their kinsman, who was married to the daughter of Mark V. White, the sister of Mark R. White and niece of Michael Scott Webb. The throes of the divorce action between the Petitioner and his wife, Jennifer White Johnson, precipitated a purported assault on the Petitioner by the Respondents which resulted in criminal charges in addition to an order of protection. Thereafter, the Petitioner and his wife attended the Fourth Circuit Court for a hearing, and the Respondents upon instructions of their attorney in the criminal case also attended, and followed the Petitioner "about the courthouse" placing him in fear. They were cited for criminal contempt, found guilty, and sentenced to ten days confinement, with five days suspended. Each appeals, complaining that the evidence of criminal contempt is insufficient. We affirm.

J.M. Cox, Jr. v. East Tennessee Natural Gas
E2002-02946-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: G. Richard Johnson
In this declaratory judgment action to declare the rights between the dominant and servient estates relating to an easement, the trial court held that the landowner's proposal to add fill dirt over the pipeline easement did not unreasonably interfere with defendant's rights. Defendant has appealed. We reverse.

Combustion Federal Credit Union vs. John Farmer
E2003-00107-COA-R3-CV
Authoring Judge: Sr. Judge William H. Inman
Trial Court Judge: W. Neil Thomas, III
A judgment was rendered against Mr. Farmer in 1992. It remained unpaid, and the judgment creditor's petition for revival was granted. Mr. Farmer appeals, claiming that he never signed the note which formed the basis of the 1992 action. We affirm.

Cordell Taylor vs. Donnie & Vick Williams
E2003-00199-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: Frank V. Williams, III
In this dispute over the boundary line between the parties' property, the Trial Court established the line and declared an easement. Defendants have appealed. We affirm.

Pache Industries vs. Wallace Hardware
E2003-01483-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: Kindall T. Lawson
Pache Industries, LLC ("Plaintiff") sued Wallace Hardware Co., Inc. ("Defendant") for unpaid invoices. Defendant was served with the summons and complaint, but did not answer within thirty days. Plaintiff filed a motion for default judgment. After being served with the motion for default judgment, Defendant hired an attorney, filed an answer to the complaint, and filed responses to discovery requests. The Trial Court granted Plaintiff a default judgment. Defendant filed a motion to set aside the default judgment. The Trial Court denied the motion. Defendant appeals. We affirm.

Eddie Belcher vs. State
E2003-00642-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Robert A. Fellman
This claim against the State of Tennessee arises out of a two-vehicle accident. Eddie W. Belcher was driving to church with his wife, Sara O. Belcher, when their vehicle struck the rear of a vehicle driven by Eric Wilson . The Belchers, who sustained severe injuries as a result of this accident, filed a claim against the State, alleging that a dangerous condition existed on the portion of the interstate where the accident occurred and that the section of the interstate was negligently designed and maintained. The Claims Commission determined that the State was negligent in its design of that stretch of interstate, but held that its negligence was not the proximate cause of the Belchers' injuries. The Belchers appeal, arguing that the Claims Commission erred in the second of these two determinations. By way of a separate issue, the State contends that the Belchers' claim is barred by the four-year statute of repose. We affirm.

Rena Thompson vs. Charles Hensley
E2003-00456-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: Jerri S. Bryant
Rena Thompson ("Plaintiff") filed this lawsuit claiming her grandson, Charles Hensley, and his wife, Karen Hensley (collectively "Defendants"), breached an oral contract. Specifically, Plaintiff claims she conveyed her house and real property to Defendants in exchange for their oral promise to take care of her and allow her to remain living in the house with them. Plaintiff suffered a stroke and went to live with her son, Perrian Hensley ("Plaintiff's son" or "her son"). After living with her son for approximately one year, Plaintiff wanted to return to her house. When she was not allowed to return to her house, Plaintiff sued Defendants for specific performance. The Trial Court found there was no contract. Plaintiff appeals. We affirm.

W2003-00001-COA-R3-CV
W2003-00001-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Daniel L. Smith

State of Tennessee v. Donald Franks
W2003-00003-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge C. Creed McGinley

A Hardin County jury convicted the defendant, Donald Franks, of rape of a child. The trial court sentenced the defendant to thirty-seven years as a Range II multiple offender. On appeal, the defendant argues: (1) the evidence was insufficient to support his conviction; (2) the trial court erred in instructing the jury on flight; and (3) the trial court imposed an excessive sentence. Based upon our review of the record, we affirm the judgment of the trial court.

Brian & Candy Chadwick v. Chad Spence
W2003-00931-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Kay S. Robilio

W2003-00334-COA-R3-CV
W2003-00334-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: George H. Brown

Nancy Gail (Paulk) Doran v. Oather Paul Doran
W2003-00170-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Steve Beal

Russell A. Siegfried v. The Grand Krewe of Sphinx,
CH-00-0307-3
Trial Court Judge: D. J. Alissandratos

State of Tennessee v. Paul Regan, Alias
E2003-00014-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge John K. Byers

The defendant appeals the trial court's denial of judicial diversion contending that the court abused its discretion by not articulating specific reasons on the record for the denial. We agree with the defendant and remand for a new sentencing hearing in order for the trial court to place its reasoning upon the record.

Kasey Dunn-Lindsey v. Wal-Mart Stores, Inc., d/b/a Sam's
W2002-02742-WC-R3-CV
Authoring Judge: Loser, J., Sp. J.
Trial Court Judge: D. J. Allisandratos, Chancellor
In this appeal, the employer and its insurer insist the trial court erred in assessing a bad faith penalty, awarding attorney's fees and costs and ordering medical expenses paid directly to the injured employee. As discussed below, the panel has concluded the judgment should be affirmed as to the bad faith penalty and award of fees and costs, and remanded to the trial court for further consideration.

State of Tennessee v. James H. Thompson
M2002-02137-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge J. Curtis Smith

Following a conviction for DUI, third offense, after entering a guilty plea, Defendant James H. Thompson appeals, asserting that he has presented a certified question of law for review. Because we conclude that the question of law, even if properly reserved at the guilty plea hearing, is not dispositive of the case, we dismiss the appeal.

State of Tennessee v. Michael S. Stacy
E2003-01062-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Phyllis H. Miller

The defendant appeals the trial court's dismissal of his motion for correction of an illegal sentence. Pursuant to a negotiated plea agreement, the defendant entered a nolo contendere plea to a Class B felony and was sentenced by the trial court as a Range I, standard offender to ten years, two years above the presumptive minimum sentence in the range. Subsequently, the defendant filed a pro se motion to correct an illegal sentence, arguing that the trial court violated the requirements of the 1989 Sentencing Reform Act by failing to state enhancement factors to support the increase in his sentence from the presumptive minimum eight-year sentence. The trial court dismissed the motion, and the defendant appealed to this court. Finding no error, we affirm the trial court's dismissal of the defendant's motion to correct illegal sentence.

State of Tennessee v. Woodrow Gifford, Jr. and Carl Monk
E2002-01233-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Phyllis H. Miller

The Sullivan County grand jury indicted Defendant Woodrow Gifford, Jr. for possession of over 0.5 grams of cocaine, a Schedule II drug, and possession of drug paraphernalia, a Class A misdemeanor. The Sullivan County grand jury indicted Defendant Carl Monk for possession of over 26 grams of cocaine, a Schedule II drug, and possession of drug paraphernalia, a Class A misdemeanor. Following the trial court's denial of the Defendants Motions to Suppress evidence, the Defendants both pled nolo contendere to possession with intent to sell drugs, pursuant to Tennessee Code Annotated Section 39-17-417, and possession of drug paraphernalia, pursuant to Tennessee Code Annotated Section 39-17-425. Both Defendants reserved the right to appeal a certified question of law regarding the trial court's denial of their Motions to Suppress. Finding no error in the trial court's judgment, we affirm.