Jerry LaQuiere, et al vs. Daniel W. McCollum
M1999-00926-COA-R10-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Irvin H. Kilcrease, Jr.
This appeal involves a dispute arising out of the sale of a tract of real property in Antioch. After a survey revealed that the size of the tract was significantly less than the size stated in the contract, the purchaser filed suit in the Chancery Court for Davidson County seeking both specific performance of a provision in the contract requiring an adjustment in the purchase price and damages for breach of contract and misrepresentation. The purchaser also filed a lis pendens notice with the Davidson County Register of Deeds. The trial court granted the vendor's motion for summary judgment on the issue of specific performance and ordered the lis pendens notice removed. However, the trial court declined to grant summary judgment on the issue of damages for breach of contract and misrepresentation. We granted the purchaser's Tenn. R. App. P. 10 application for an extraordinary appeal. We now affirm the trial court because we concur with its conclusion that the price adjustment provision in the contract is not clear, definite, and complete.

Richard Conroy vs. City of Dickson, et al
M2000-01189-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Leonard W. Martin
The driver of an automobile sued the City of Dickson under the Governmental Tort Liability Act for the severe injuries he suffered when a city police cruiser collided with his car. After a bench trial, the court found that the plaintiff and the officer driving the police car were equally responsible for the accident, resulting in no recovery for the plaintiff. We affirm.

State of Tennessee v. Michael P. Malley
M2000-00041-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge W. Otis Higgs, Jr.

The defendant was convicted by a Shelby County jury of assault, a Class A misdemeanor. He was sentenced to the maximum term of eleven months and twenty-nine days, to be served as a split sentence with five months and twenty-nine days served in confinement at the workhouse, and the balance served on probation. In this appeal as of right, the defendant asserts that the trial court erred in allowing the victim, his former wife, to testify as to two other bad acts committed by the defendant, one a prior beating incident and the other an act of vandalism of the victim’s car. Having reviewed the entire record, we conclude that the trial court did not abuse its discretion in allowing the testimony. Judgment of the trial court is affirmed.

Susie Tackett, et al vs. Hulin Shepherd, et al
M1999-02333-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: James E. Walton
This case involves a two-vehicle accident between Defendant Jones Brothers Construction's truck and Plaintiff. The accident occurred on April 19, 1996, in Clarksville, Tennessee at the intersection of U.S. Highway 41-A North, also Fort Campbell Blvd, and Jack Miller Blvd. The Plaintiffs alleged that Defendant Hulin D. Shepherd ("Shepherd"), an employee of Jones Brothers Construction, was negligent by failing to yield when he exited a "private" road and entered onto a "public" highway. The Defendants denied that it was a "private" road, denied liability, and asserted comparative fault on the part of Plaintiff John Roe ("Roe"). At the trial in November 1999, Plaintiffs requested special jury instructions concerning "private" roads. The trial court rejected the special instructions. The jury returned a verdict of equal fault and the case was dismissed. The Plaintiffs timely appealed after Plaintiffs' motion for a new trial was denied. We affirm the trial court.

M1999-02810-COA-R9-CV
M1999-02810-COA-R9-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Carol L. Soloman

Gertrud Deneau vs. Donald Deneau
M2000-00238-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: Leonard W. Martin
This divorce case involves property division and alimony after a short term marriage. The trial court awarded all of the real property to the husband and allowed each party to keep the personal property in his or her possession. The court ordered the husband to pay $50,000 to the court clerk's office, who shall in turn pay the wife's debt to the Department of Veterans Affairs and disburse the remainder to the wife. The court refused to award alimony. We affirm.

State of Tennessee v. Cedric Terry
W1999-01568-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge Bernie Weinman

A Shelby County jury convicted defendant of one count of premeditated first degree murder and two counts of attempted first degree murder. Defendant was sentenced to life imprisonment for first degree murder and twenty years for each attempted first degree murder conviction. The two twenty-year sentences run concurrently with each other but consecutively to the defendant's life sentence. In this appeal as of right, defendant challenges: (1) the trial court's denial of his motion to suppress his identification by the two surviving victims, (2) the sufficiency of the evidence, and (3) the length and consecutive nature of his sentences. Upon our review of the record, we affirm the judgment of the trial court.

State of Tennessee v. Anthony Wayne Lankford and Christopher Arthur McKeon
W2000-00708-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Joseph H. Walker, III

This case raises issues of first impression in Tennessee. The defendants are convicted felons from Montana who were sent to serve portions of their Montana sentences at a private, for-profit prison facility in Tennessee. Following their escape from the Tennessee facility, the defendants were each convicted of one count of escape, in violation of Tennessee Code Annotated Section 39-16-605. The defendants now appeal their convictions, raising two interrelated issues: 1) whether Tennessee's escape statute makes it a crime for a prisoner who has not been convicted under Tennessee law to escape from a private prison in this state; and 2) whether they were unlawfully imprisoned in Tennessee. After a thorough review of applicable law, we conclude that Tennessee Code Annotated Section 39-16-605, by its plain language, applies to the escape of an out-of-state prisoner from a private prison facility in this state. We further conclude that the defendants, duly convicted of crimes in Montana and incarcerated at the private prison pursuant to a contract between the Montana Department of Corrections and a private prison company, were not unlawfully imprisoned in Tennessee. Accordingly, we affirm the judgment of the trial court.

Stanley Blackwood vs. Patrick Martin & Hardee, Martin, Jaynes, Ivy
W2000-01573-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Jon Kerry Blackwood
This is a legal malpractice case arising from an underlying criminal conviction. The plaintiff prisoner was convicted on twelve counts, including one count of first degree murder. The plaintiff sued the defendant attorneys for malpractice, alleging, inter alia, that the defendants negligently failed to conduct a thorough investigation and that, after the plaintiff terminated the defendants' services, the defendants improperly retained a portion of the retainer fee paid by the plaintiff for post-trial representation. The defendant attorneys filed a motion to dismiss and/or for summary judgment. The plaintiff then filed a motion seeking the appointment of a court-appointed expert, which was denied. The trial court subsequently granted the defendants' motion for summary judgment. The plaintiff now appeals. We affirm, finding that the trial court did not abuse its discretion in declining to appoint an expert and did not err in granting the defendants' motion for summary judgment.

State of Tennessee v. Curtis Cleggins
W1999-00657-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Bernie Weinman

The defendant, indicted for aggravated sexual battery for intentionally engaging in sexual contact with a child under the age of thirteen, pled guilty to one count of sexual battery, a Class E felony, and received a two-year sentence. The trial court ordered that the defendant serve ninety consecutive days in jail, with the remainder of the sentence suspended, and the defendant placed on three years' probation. Counseling was ordered as a condition of probation. The defendant challenges the sentencing imposed, arguing that the trial court erred in denying his requests for full probation, service of his sentence of incarceration on weekends, or judicial diversion. After a thorough review of the record, we affirm the judgment of the trial court.

De Lage Financial vs. Earthlab Productions
W2000-02232-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Kay S. Robilio
This appeal involves a contract dispute. The Appellant alleges that the Appellees made one payment but then failed to continue making payments as per the terms of the agreement. The Appellees, however, assert that consideration for the contract is lacking. At the close of Plaintiff's proof at trial, Defendants moved for an involuntary dismissal pursuant to Rule 41.02 of the Tennessee Rules of Civil Procedure, which the trial court granted. For the following reasons, we affirm the decision of the court below.

Tracy McGowan vs. Dr. Crants/Alan Bargery
W2000-02398-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Jon Kerry Blackwood
This is a civil lawsuit filed by a prisoner. The inmate filed a complaint against the prison warden and the chairman of the board of the company which owns and operates the prison, alleging negligence and violations of his constitutional rights. The inmate moved for default judgment, which was denied. The defendants then filed a motion for summary judgment, asserting that there were no material facts in dispute. The trial court granted the defendants' motion for summary judgment. The inmate now appeals. We reverse, finding that there are genuine issues of material fact.

Rochelle Mcdonald v. Percy L. Jones
W2000-575-COA-R3-CV
Trial Court Judge: George E. Blancett

Robert Taylor vs. Michelle Taylor Bowers
E1999-01774-SC-R11-CV
Authoring Judge: Justice Frank F. Drowota, III
Trial Court Judge: G. Richard Johnson
We granted permission to appeal in this case to determine whether or not incarceration is an available sanction under Tennessee Rule of Civil Procedure 11. We conclude that incarceration is not an available sanction under Rule 11 and therefore vacate that portion the trial court's order imposing a jail sentence as a Rule 11 sanction. We remand this case to the trial court to consider whether a Rule 11 sanction is warranted, and if so, for imposition of an appropriate Rule 11 sanction.

State of Tennessee v. Christopher Joseph Johnson
E2000-00300-CCA-R3-CD
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge Ray L. Jenkins

The defendant appeals the trial court's dismissal of his motions seeking relief from the collection of litigation taxes and trial court costs. Because we have no jurisdiction to entertain a Rule 3 appeal, we dismiss the appeal.

Misty L. Cooper vs. Roy K. Norris, et al
E2000-01208-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: William M. Dender
Misty L. Cooper sues Claiborne County Board of Education for breach of a teaching contract she contends was entered into with her. The School Board contends that the offer of employment was contingent upon her passing the National Teachers Examination, which she did not do. The Trial Court found in favor of the Board. We affirm.

Tip and Barbara Terry vs. Scott Botts
E2000-01288-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: Michael A. Davis

Tip and Barbara Terry vs. Scott Botts
E2000-01288-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: Michael A. Davis

Gloria Guinn vs. Lucious Guinn
W1999-01809-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: George H. Brown
This is a post-divorce proceeding pursuant to Tenn.R.Civ.P. 60. Defendant-husband filed a motion to set aside a final decree of divorce granted on the grounds of irreconcilable differences, because there was no written agreement settling property rights. Plaintiff-wife filed a motion pursuant to Rule 60 to amend the final decree of divorce to show that the ground for divorce is inappropriate marital conduct. The trial court denied Husband's motion, granted Wife's motion and entered an amended final decree showing the ground for divorce as inappropriate marital conduct. Husband appeals. We affirm in part and reverse in part.

Largent Contracting vs. Dement Construction
W1999-02736-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Jon Kerry Blackwood
Plaintiff-landowner sued county along with road contractor and subcontractor for damages allegedly sustained when the defendant stored a large amount of broken concrete on his land allegedly without his permission and for the defendant's failure to remove the concrete when told to do so. The trial court granted summary judgment to road contractor and the subcontractor, and granted partial summary judgment to the county. After a nonjury trial on the remaining issue as to the county, the trial court entered judgment for the county. Plaintiff appeals as to all three defendants. We reverse in part, affirm in part.

State of Tennessee v. Abebreellis Zandus Bond
W1999-02593-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge C. Creed McGinley

Abebreellis Bond was convicted by a Carroll County jury of two counts of sale of cocaine. Based upon trial counsel's failure to perfect a direct appeal, Bond sought post-conviction relief in the Carroll County Circuit Court asserting ineffective assistance of counsel. The post-conviction court granted Bond's request for a delayed appeal. Additionally, the post-conviction court ordered that all remaining ineffective assistance of counsel issues raised in the post-conviction petition be consolidated with the delayed appeal. Bond now perfects his delayed appeal before this court, raising the following issues for our review: (1) whether trial counsel was ineffective; and (2) whether the evidence was sufficient to support the verdict. After review, we find the post-conviction court's procedural ruling, wherein the court refused to dismiss the remaining ineffective assistance of counsel claims after granting the delayed appeal, conflicts with our previous holding in Gibson v. State, 7 S.W.3d 47 (Tenn. Crim. App. 1998). Thus, we remand for entry of an order consistent with this opinion.

Paul Freeman v. State of Tennessee
W2000-00943-CCA-R3-PC
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge Roger A. Page

Paul Freeman appeals from the dismissal of his petition for post-conviction relief. In this appeal, Freeman collaterally attacks his DUI conviction in the City Court of Jackson upon grounds that his uncounseled guilty plea was not knowingly and intelligently entered. Freeman asserts that at the time he entered his guilty plea, he was still under the influence of alcohol from his arrest approximately eight hours earlier that same morning. After review, we find that the proof does not support a knowing and voluntary plea. Accordingly, we reverse the ruling of the trial court, vacate Freeman’s judgment of conviction, and remand the case to the City Court of Jackson for further proceedings.

Paul Freeman v. State of Tennessee - Dissenting
W2000-00943-CCA-R3-PC
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge Roger A. Page

As noted in the majority opinion, the appellant does not contend the City Court did not advise him of his constitutional rights. The sole issue in this case is whether the appellant was impaired to the degree that he did not voluntarily enter his guilty plea.

Gloria Lane vs. W.J. Curry
W2000-01580-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Robert L. Childers
This case involves a dispute about the responsibility for trees on adjacent properties. The plaintiff and defendant own adjacent properties. Located on the defendant's property are three large oak trees whose branches overhang the plaintiff's roof. The roots from the trees grow onto the plaintiff's property and have infiltrated the plaintiff's sewer lines on several occasions. After a limb from one of the trees fell through the plaintiff's roof, the plaintiff complained to the defendant. The defendant twice sent someone to cut back the trees' branches. The plaintiff continued to complain about the trees, and the defendant refused to provide any additional assistance. This lawsuit ensued. The trial court found that the plaintiff's only remedy was self-help. The plaintiff now appeals. We affirm.

W2000-01548-COA-R3-CV
W2000-01548-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Martha B. Brasfield