Opinions

State vs. James Hankins
W1999-00529-CCA-R3-PC
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: W. Fred Axley
James R. Hankins appeals the Shelby County Criminal Court's denial of his petition for post-conviction relief. All of his allegations are without merit, save one. Hankins has established by clear and convincing evidence that his counsel on direct appeal failed to follow the required procedures for withdrawal of counsel under Supreme Court Rule 14. Accordingly, we affirm in part, reverse in part, and vacate and reinstate our judgment in Hankins' direct appeal.

State vs. Kelly Haynes
W1999-01485-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Roger A. Page

State vs. Tony Martin
W2001-02221-CCA-R3-CD
Trial Court Judge: Bernie Weinman

State vs. Jeffery Ray Jennings
E1999-00848-CCA-R3-CD
Authoring Judge: Judge Jerry Smith

State vs. Darrell Baker
M1999-00272-CCA-R3-CD
Authoring Judge: Presiding Judge Joseph M. Tipton
Trial Court Judge: Timothy L. Easter

State vs. James Matthew Lawrence
M1999-00004-CCA-R3-CD
Authoring Judge: Judge John H. Peay

Rudy Wendell Myers vs. State
M1999-00498-CCA-R3-PC
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: J. Curtis Smith

Karon Spicer vs. James Spicer
M1999-01285-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: Leonard W. Martin
In this divorce case, the husband challenges only the trial court's refusal to award him a portion of the wife's retirement account. Although retirement benefits earned during a marriage are marital property, we find the division of property to be equitable and affirm.

03C01-9803-CR-00118
03C01-9803-CR-00118

E1999-01465-CCA-R3CD
E1999-01465-CCA-R3CD
Trial Court Judge: D. Kelly Thomas, Jr.

Mary Ruth Willis vs. University Health System
E2004-00259-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: Harold Wimberly
Plaintiff added defendant to suit pursuant to Tenn. R. App. P. Rule 15 after statute of limitations expired. The Trial Court granted defendant summary judgment. On appeal, we affirm.

Blackmon vs. TN Bd. of Paroles
M1998-00887-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Irvin H. Kilcrease, Jr.

Bryant vs. HCA Health Services of TN
M1998-00770-SC-R11-CV
Authoring Judge: Justice Janice M. Holder
Trial Court Judge: Walter C. Kurtz

Pike vs. John Maher Builders, Inc.
M1999-00094-COA-R3-CV
Authoring Judge: Judge David R. Farmer

Revis vs. McClean, et al
M1999-00658-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Robert E. Burch

Manufacturers Consolidation vs. Rick Rodell et al
W1998-00889-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: James F. Russell

State vs. Jerry Travis
W1999-01089-CCA-R3-CD
Authoring Judge: Judge Gary R Wade
Trial Court Judge: Julian P. Guinn

State vs. Kawaski Taylor
W1998-00656-CCA-R3-CD
Authoring Judge: Judge David H. Welles

Floyd Campbell vs. Corrections Corp. of America
M1999-01082-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: Jim T. Hamilton
This is an appeal by an inmate in a prison operated by Corrections Corporation of America (CCA). His claim stems from the monetary loss he received as a result, he alleges, of CCA employee(s) adding an unauthorized name and number to Mr. Campbell's call list which resulted in unauthorized charges. The court below dismissed Mr. Campbell's complaint on the grounds that the complaint did not allege a cause of action against CCA. We disagree. Mr. Campbell did sufficiently allege a cause of action against CCA for the negligence of its employee(s) in violating prison policies and adding an eleventh name and number to his call list without his permission or authorization. Further, CCA may be held vicariously liable for the negligent acts of its employees and, therefore, is a proper defendant.

State vs. Jeffrey Eugene Wright, a.k.a Jeffrey Eugene Arnell
M1999-00647-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Walter C. Kurtz

Joe Martin vs. State
M1999-01642-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Claimant, an inmate who was housed in a prison operated by a private prison operating company, filed a claim against the State for the loss of his personal property due to acts of employees of the company. The Claims Commission dismissed the claim for lack of jurisdiction because the private prison employees responsible for the loss were not "state employees." We affirm.

State vs. Henry DeQuan Rhodes
M1999-959-CCA-R3-CD
Trial Court Judge: J. O. Bond

M1998-00118-CCA-R3-CD
M1998-00118-CCA-R3-CD
Authoring Judge: Sr. Judge L. Terry Lafferty
Trial Court Judge: Robert W. Wedemeyer

State of Tennessee v. Khanh V. Le
W1998-00637-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle

The lead opinion of Judge Ogle, the separate concurring opinion of Judge Welles, and the separate opinion of Judge Woodall concurring in part and dissenting in part, filed in this case on March 6, 2000, are withdrawn.

State of Tennessee v. Khanh V. Le
W1998-00637-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge W. Fred Axley

On November 10, 1997, the appellant, Khanh V. Le, was convicted by a jury in the Shelby County Criminal Court of first degree murder. The trial court sentenced the appellant to life imprisonment in the Tennessee Department of Correction.  In this appeal as of right, the appellant presents the following issues for our review:

(I) Whether the evidence is sufficient to sustain the appellant’s conviction of first degree murder;

(II) Whether the trial court erred by refusing to charge any lesser included offenses to first degree murder;

(III) Whether the trial court erred by denying the appellant’s motion to suppress identification testimony.

Following a review of the record and the parties’ briefs, we affirm the judgment of the trial court.