State of Tennessee v. Jeffery P. Beckham
W2002-02444-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge C. Creed McGinley

A Hardin County jury convicted the defendant, Jeffery P. Beckham, of aggravated assault. The trial court sentenced him to five years incarceration as a Range I standard offender. On appeal, the defendant contends (1) the evidence is insufficient to support the conviction; (2) his sentence is excessive; and (3) the trial court erred in denying probation. We affirm the judgment of the trial court.

State of Tennessee v. Charles Wayne Sawyer
M2001-01062-CCA-R9-CO
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge W. Charles Lee

A Marshall County grand jury indicted the defendant, Charles Wayne Sawyer, for aggravated sexual battery. The defendant filed a motion to suppress a statement that he allegedly made to the police without first being advised of his rights under Miranda. He made the alleged statement in response to a police officer's reading of the affidavit of complaint supporting his arrest warrant. The trial court, after conducting an evidentiary hearing, granted the defendant's motion to suppress his statement, finding that the reading of the affidavit was the functional equivalent of interrogation and therefore should have been prefaced by an admonishment of the defendant's constitutional rights. The state, with the trial court's permission, filed an interlocutory appeal, and pursuant to the state's Rule 9 application, this Court agreed to review the state's appeal. After reviewing the evidentiary hearing and other materials presented to this Court, we find that the trial court properly suppressed the defendant's statement and therefore affirm the judgment below.

State of Tennessee v. William Paul Eblen
E2002-01221-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge Richard R. Baumgartner

The Defendant, William Paul Eblen, was convicted by a jury of two counts of aggravated rape and one count of aggravated kidnapping. The trial court sentenced the Defendant to two concurrent terms of twenty-four years for the rapes, and to a concurrent term of eleven years for the kidnapping, all to be served in the Department of Correction. In this direct appeal, the Defendant challenges the sufficiency of the evidence; alleges that the prosecutor committed reversible misconduct during closing argument; and complains that the trial court erred in overruling his petition for writ of error coram nobis. We affirm the judgments of the trial court.

Denicia Wills v. Russell Wills
M2002-02167-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: C. L. Rogers
This case involves an appeal from an order of the trial court modifying the father's child support obligation and denying the father's request for change of custody. We affirm in part, reverse in part, and remand.

Rita Davis v. State of Tennessee
M2002-02446-CCA-R3-PC-
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge W. Charles Lee

Petitioner, Rita Davis, appeals the trial court’s denial of her petition for post-conviction relief. Petitioner entered an open plea of guilty to felony failure to appear, a charge apparently stemming from another case in which Petitioner was charged with possession of a schedule II narcotic for resale, a Class B felony. Petitioner was convicted by a jury on the drug possession charge, and on August 18, 1999, she was sentenced on both convictions. Petitioner filed a pro se petition for relief from her conviction and sentence in the failure to appear case. The trial court denied post-conviction relief, but granted a delayed appeal. Petitioner appealed, and this Court affirmed Petitioner’s sentence, but reversed the denial of post-conviction relief, remanding the case for dismissal of the petition without prejudice. Petitioner filed another post-conviction petition, alleging that she received the ineffective assistance of counsel and that her plea was not knowingly and voluntarily entered. Following a hearing, the trial court denied the petition. In this direct appeal, Petitioner challenges the trial court’s denial of her petition. After a careful review of the record, we affirm the judgment of the post-conviction court.

State of Tennessee v. Aaron Blake Franz
M2002-01855-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge J. S. Daniel

After several opportunities to comply with the conditions of his probation, the trial court ordered the appellant, Aaron Blake Franz, to serve thirty months in confinement, the original sentence imposed for the appellant's burglary conviction. On appeal, the appellant argues that the trial court was without jurisdiction to revoke his probation because the revocation warrant was filed after the first extension of the probationary period expired. Upon review of the record and the parties' briefs, we affirm the judgment of the trial court.

In Re: Martha Blanks Maxwell
M2002-01654-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: Charles D. Haston, Sr.
The niece of an elderly woman who suffered a stroke, followed by memory loss and confusion, petitioned the court to be appointed as her aunt's conservator. The trial court granted the petition as well as the conservator's plan to have her aunt moved to an assisted living environment. There, the woman's condition improved, and the guardian ad litem moved the court to consider whether it was advisable to revoke the conservatorship and allow her to return to her own home. After a hearing, the court terminated the conservatorship. The former conservator appeals, and we affirm.

State of Tennesse v. David L. Johnson
W2002-00935-CCA-R3-CD
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge William B. Acree

A jury convicted the appellant of two counts of attempted first degree murder. The trial court imposed concurrent twenty-five-year sentences on each count. On appeal, the appellant argues (1) the evidence was insufficient to support his convictions, and (2) his sentences are excessive. We affirm the judgments of the trial court.

State of Tennessee v. Everet L. McNeil
W2002-02999-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Arthur T. Bennett

The Defendant, Everet L. McNeil, entered guilty pleas to possession with intent to sell less than .5 grams of cocaine, simple possession of marijuana, and simple possession of cocaine. The Shelby County trial court ordered the Defendant to serve an effective three-year sentence in confinement. On appeal, the Defendant contends the trial court erred in denying alternative sentencing. We affirm the judgments of the trial court.

State of Tennessee v. William Timothy Carter and Virginia Darean Carter
W2002-00947-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge C. Creed Mcginley

This is a State appeal. The grand jury indicted the Defendants, William Timothy Carter and Virginia Darlean Carter, on several counts relating to the manufacture and possession of various drugs and the possession of drug paraphernalia. The trial court granted the Defendants' motion to suppress evidence based upon an illegal residential search. On appeal, the State contends the trial court erred in granting the Defendants' motion to suppress. We conclude that even if the officers made an unlawful entry into the residence, the evidence was subsequently seized pursuant to a valid search warrant which was not based upon any observations made during the alleged unlawful entry. Because the independent source doctrine applies, the seizure of evidence was proper. Accordingly, we reverse the judgment of the trial court.

State of Tennessee v. Steven D. Tarter
E2002-02389-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge R. Jerry Beck

The appellant, Steven D. Tarter, pled guilty in the Sullivan County Criminal Court to multiple offenses and received a total effective sentence of four years incarceration in the Tennessee Department of Correction. On appeal, the appellant challenges the trial court's denial of alternative sentencing. Upon review of the record and the parties' briefs, we affirm the judgments of the trial court.

Andrew Lee Moats v. State of Tennessee
E2003-00402-CCA-R3-PC
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Ray L. Jenkins

A Knox County jury convicted the Petitioner of first degree murder, and the trial court imposed a life sentence in the Tennessee Department of Correction. On direct appeal, this Court affirmed the conviction, and the Tennessee Supreme Court denied the Defendant's application for permission to appeal. The Petitioner then sought post-conviction relief, alleging that he was denied effective assistance of counsel. Following a hearing, the post-conviction court dismissed the petition, and this appeal ensued. We affirm the trial court's dismissal of the petition.

State of Tennessee v. Douglas Lee Overall
W2002-01954-CCA-R3-CD
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge Joseph H. Walker, III

The defendant, Douglas Lee Overall, was convicted by a Tipton County Circuit Court jury of aggravated kidnapping, a Class B felony; aggravated assault, a Class C felony; and possession of drug paraphernalia, a Class A misdemeanor. The trial court sentenced him to concurrent sentences of twelve years for the aggravated kidnapping conviction, twelve years for the aggravated assault conviction, and eleven months, twenty-nine days for the possession of drug paraphernalia conviction. The defendant appeals, claiming that the evidence is insufficient to support his convictions. We affirm the judgments of the trial court.

Armand Salvatore vs. Baron Corp.
E2002-01978-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Daryl R. Fansler
Following the termination of his employment, Armand M. Salvatore sued two corporations and six limited partnerships, as well as Miles E. Cullom, Jr., who was a stockholder, director, and president of the corporations, and who was also a limited partner in each of the limited partnerships, for salary, fees, and commissions allegedly due him under the terms of a written employment agreement. He also sued the defendant Cullom for statutory treble damages in tort for interference with his employment contract. Following a bench trial, the court below held that Salvatore, at the time of his termination, was employed under a renewed one-year employment contract. Pursuant to this holding, the trial court awarded him the remainder of his base salary for the second year of his employment. Salvatore appeals, contending that the trial court erred when it failed to award him salary for two additional years, fees, commissions, and treble damages. The defendants, on the other hand, claim that Salvatore is not entitled to the salary awarded to him by the trial court. We modify the trial court's judgment to increase Salvatore's award by $20,500. As modified, the judgment is affirmed.

Betty Bryant vs. Roy Bryant
E2002-02201-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: John D. Mcafee
In this divorce case, the trial court dissolved a marriage of over 36 years; divided the parties' marital property; and denied the request of Betty J. Bryant ("Wife") for attorney's fees. Wife appeals, arguing that the division of marital property is not equitable. Her argument is predicated primarily upon the assertion that her spouse, Roy C. Bryant ("Husband"), dissipated the marital assets as a result of his gambling activities. In addition, Wife contends that the trial court erred in refusing to award her attorney's fees. We affirm.

Alden Joe Daniel, Jr. v. State of Tennessee
E2002-02838-CCA-R3-PC
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge Carroll L. Ross

Petitioner, Alden Joe Daniel, Jr., appeals the trial court’s denial of his petition for post-conviction relief. In his initial brief filed with the assistance of retained counsel, Petitioner argues that the trial court erred in finding that Petitioner’s plea of guilty was voluntary and knowing and in finding that Petitioner’s trial counsel rendered effective assistance of counsel during the interval between Petitioner’s first and second trial and during plea negotiations. After the filing of his initial brief, this Court granted Petitioner’s counsel leave to withdraw as counsel and denied Petitioner’s motion for the appointment of substitute counsel. Thereafter, Petitioner filed a motion to reconsider post-judgment facts pursuant to Rule 14 of the Tennessee Rules of Appellate Procedure and a pro se supplemental brief. In his brief, Petitioner alleges that his post-conviction counsel rendered ineffective assistance of counsel and that the trial court based its findings on erroneous facts. Petitioner requests that this Court remand the matter to the trial court for an evidentiary hearing as to factual matters not presented at Petitioner’s post-conviction proceeding. For the reasons discussed herein, we deny Petitioner’s motion to consider post-judgment facts and affirm the trial court’s dismissal of the petition for post-conviction relief.

John Doe 1 v. Roman Catholic Diocese of Nashville
M2001-01780-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: Walter C. Kurtz
This appeal involves claims of intentional infliction of emotional distress through outrageous conduct. John Doe 1, his mother, and John Doe 2 seek to hold the Roman Catholic Diocese of Nashville liable for injuries caused by the alleged outrageous conduct of the Diocese in its dealings with Edward McKeown, a former priest, who sexually molested John Doe 1 and John Doe 2 a number of years after his affiliation with the Diocese ended. The trial court granted the Diocese's summary judgment motion, finding the Does had failed as a matter of law to satisfy the threshold requirements for stating a claim for the tort of outrageous conduct. The plaintiffs appeal that decision. Because we find the summary judgment motion was properly granted, we affirm the trial court.

Trinity Industries v. McKinnon Bridge
M2002-02713-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Irvin H. Kilcrease, Jr.
In this case, appellant-contractor for construction of a bridge entered into a contract with appellee-subcontractor for the fabrication and delivery of structural steel. By virtue of an indemnity clause in the contract, the trial court held the contractor liable to the subcontractor for the amounts expended by the subcontractor in settlement of a lawsuit filed against it and for the expenses incurred in the defense of the lawsuit. Contractor appeals. We affirm.

Lori Bates v. Joseph Bates
M2002-02037-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Carol A. Catalano
This is an appeal from a final decree of divorce, involving issues of appreciation involving Husband's property, award of attorney fees, and division of marital property and debt. Husband appeals. We affirm as modified herein and remand for such further proceedings as may be necessary.

Roger Harris v. State of Tennessee
E2001-00782-CCA-R3-PC
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Lynn W. Brown
This case has been returned to active status for consideration of the post conviction issues, after the supreme court denied the petitioner’s delayed appeal under Tennessee Supreme Court Rule. 28 §(9)(D). The petitioner appeals from the denial of his petition for post-conviction relief. The petitioner contends he received ineffective assistance of counsel at trial and on appeal. We affirm the post-conviction court’s denial of post-conviction relief.

State of Tennessee v. Jaye Wesley Mitts
E2002-00016-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge E. Shayne Sexton

The State appeals contending the trial court erred in allowing the defendant to receive jail credit from an unrelated charge against the 150-day mandatory minimum sentence he received in his plea to sixth offense D.U.I. Also, the State alleges error in the trial court modifying the defendant's payment plan for paying fines and costs to less than the defendant agreed to pay when the trial court accepted the defendant's plea agreement. We conclude it was error to allow this defendant to receive any jail credit toward his mandatory minimum of 150 days for his sixth D.U.I. offense where the credit accumulated on an unrelated charge. We further conclude the trial court was within its discretion to modify the payment plan, not the overall fine, upon determining the defendant did not have the ability to pay. We reverse in part and affirm in part the judgments of the trial court and remand for entry of a corrected judgment consistent with this opinion.

W2003-00911-COA-R3-PT
W2003-00911-COA-R3-PT
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Robert W. Newell

W2003-01180-COA-R3-CV
W2003-01180-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Rita L. Stotts

Antonio Vantress Brown v. State of Tennessee
W2002-02256-CCA-R3-PC
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Roy B. Morgan, Jr.

The Petitioner, Antonio Vantress Brown,¹ appeals the denial of his petition for post-conviction relief. He originally pled guilty to various offenses and received an effective sentence of thirty years. On appeal, the Petitioner contends: (1) he received ineffective assistance of counsel in entering his guilty pleas; and (2) his guilty pleas were not knowingly and voluntarily entered. Upon review of the record and the applicable law, we affirm the judgment of the post-conviction court.

Bobby R. Essary v. John R. Essary
W2003-00299-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: George R. Ellis