Carolyn Collier v. Life Care Centers of Collegedale, et al.
E2011-01683-WC-R3-WC
Authoring Judge: Special Judge Jerri S. Bryant
Trial Court Judge: Chancellor Jeffrey M. Atherton

Pursuant to Tennessee Supreme Court Rule 51, this workers’ compensation appeal has been referred to the Special Workers’ Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law. Employee injured her ankle in the course and scope of her employment. She received treatment from an authorized physician for a period of time, but did not improve and did not return to work. After the initial injury and treatment of her ankle, she began receiving treatment for problems with her right knee. Employer denied that Employee had sustained a permanent injury to her ankle and also denied that Employee had suffered a compensable injury to her knee. The trial court found that Employee sustained compensable injuries to both the knee and ankle and awarded permanent partial and temporary total disability benefits. We find that the combined benefits exceeded that statutory maximum then in effect and modify the award accordingly. Otherwise, we affirm the remainder of the judgment.

Hamilton Workers Compensation Panel

State of Tennessee v. Duvale Vashawn Pruitt
E2011-01995-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Robert H. Montgomery, Jr.

In this procedurally complex case, the Defendant, Duvale Vashawn Pruitt, pled nolo contendere to multiple drug-related charges, and the trial court sentenced him to an effective sentence of ten years of probation. The Defendant’s probation officer filed two probation violation warrants, one in September and another in October of 2007. After a hearing, the trial court ordered the Defendant to serve 90 days in jail and then start his probationary sentence again. In February 2011, the Defendant’s probation officer filed a third probation violation warrant based upon the Defendant’s possession of a switchblade knife at a courthouse, and the trial court issued a warrant for the Defendant’s arrest. After a hearing, the trial court revoked the Defendant’s probation and ordered him to serve his sentence of ten years at 30% in the Tennessee Department of Correction. It is from this judgment that the Defendant now appeals.

Sullivan Court of Criminal Appeals

Stephen G. Butler v. Michele G. Butler
M2011-01341-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: Judge Ross H. Hicks

The parents of a three year old girl were divorced by order of a Georgia court, and their settlement agreement was incorporated into the divorce degree. The parties subsequently moved to this state, and after several years Father petitioned the Tennessee court to name him as the child’s primary residential parent. He also asked the court to modify his child support. After a hearing, the trial court declared that Mother would remain the child’s primary residential parent, and it granted Father additional visitation. The court also found that Father was not entitled by law to a reduction in his child support obligation, but it adopted Mother’s proposal that the obligation be reduced by about one fourth. On appeal, Father contends that the trial court erred by failing to apply the Tennessee child support guidelines to determine his support obligation. We vacate the child support order and remand for setting Father’s support using the Child Support Guidelines. Despite concerns expressed by Father, we find the trial court had subject matter jurisdiction.

Montgomery Court of Appeals

Sara Eigen Figal v. Vanderbilt University
M2012-01496-COA-R3-CV
Authoring Judge: Per Curiam
Trial Court Judge: Chancellor Ellen Hobbs Lyle

This appeal arises out of an action for breach of contract and misrepresentation brought by a former university faculty member who was denied tenure. The faculty member has appealed from the trial court’s dismissal of her lawsuit and subsequent denial of her Tenn. R. Civ. P. 59 motion to alter or amend. We hold that the order denying the Tenn. R. Civ. P. 59 motion complied with the service requirements of Tenn. R. Civ. P. 58, and thus entry of the order was effective on May 29, 2012. Because the faculty member did not file her notice of appeal within thirty days after the entry of that order as required by Tenn. R. App. P. 4, we dismiss the appeal.

Davidson Court of Appeals

Brian Lee Hill v. Kimberly Dawn Hill
M2011-02253-COA-R3-CV
Authoring Judge: Judge Andy D. Bennett
Trial Court Judge: Judge C. L. Rogers

In this divorce appeal, Husband disagrees with the trial court’s decision regarding a residence he purchased during the pendency of the divorce and with the calculation of his child support obligation. We find merit in Husband’s arguments, vacate the relevant portions of the divorce decree, and remand.

Montgomery Court of Appeals

State of Tennessee v. Allan Pope
E2011-01410-CCA-R3-CD
Authoring Judge: Judge Roger A. Page
Trial Court Judge: Judge R. Jerry Beck

In presentments by a Sullivan County Grand Jury, appellant, Allan Pope, was charged with four counts of theft of services more than $1,000 but less than $10,000; one count of official misconduct; one count of using public equipment for private purposes; and one count of theft of services more than $10,000 but less than $60,000. A jury found appellant not guilty of all counts of theft of services more than $1,000 but less than $10,000. He was found guilty of the remaining counts. The trial court imposed a one-year suspended sentence for official misconduct and a three-year suspended sentence for theft of services more than $10,000 but less than $60,000 and placed appellant on probation for six years. On appeal, appellant raises the following issues: (1) whether the trial court erred in denying appellant’s motion for judgment of acquittal or motion for new trial; (2) whether the evidence was sufficient to sustain a conviction for official misconduct; (3) whether the evidence was sufficient to sustain a conviction for private use of county equipment; (4) whether the evidence was sufficient to sustain a conviction for theft of services more than $10,000 but less than $60,000, and; (5) whether the trial court erred in ordering restitution. Upon review of the record, we agree with appellant and conclude that the evidence was insufficient to sustain the convictions for official misconduct and private use of public property, therefore we reverse the judgments of conviction and dismiss those counts of the indictment. We affirm the judgment of the trial court on theft of services more than $10,000 but less than $60,000 and remand the matter for entry of judgments consistent with this opinion.

Sullivan Court of Criminal Appeals

Robert Eric Collins v. State of Tennessee
E2011-01758-CCA-R3-PC
Authoring Judge: Presiding Judge Joseph M. Tipton
Trial Court Judge: Judge Thomas Wright

The Petitioner, Robert Eric Collins, appeals from the Hawkins County Criminal Court’s denial of post-conviction relief from his two guilty plea convictions for possession with intent to deliver a controlled substance, Class C felonies, and his effective three-year community corrections sentence. On appeal, the Petitioner contends that counsel provided ineffective assistance by (1) failing to advise him properly of potential conflicts of interest and (2) forcing him to plead guilty by telling him that he could not receive a fair trial in Hawkins County. We affirm the judgement of the trial court.

Hawkins Court of Criminal Appeals

State of Tennessee v. James Basil Conner
E2010-01919-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Bob R. McGee

The defendant pled guilty to two counts of aggravated burglary, Class C felonies, and was sentenced as a range I, standard offender to two concurrent three-year sentences, to be served on probation. The defendant requested judicial diversion, but the trial court denied this request. The defendant now appeals, claiming that the trial court abused its discretion by failing to grant him judicial diversion. After carefully reviewing the record and the arguments of the parties, we conclude that the trial court failed to expressly consider numerous criteria that it was required to consider in making the determination of whether to grant or deny judicial diversion. Consequently, the judgments of the trial court are reversed and the case is remanded to the trial court for reconsideration in light of all relevant factors in a manner consistent with this opinion.

Knox Court of Criminal Appeals

Billie Joe Welch v. State of Tennessee
E2010-01060-CCA-R3-PC
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge Jon K. Blackwood

The Petitioner, Billie Joe Welch, appeals as of right from the Roane County Criminal Court’s denial of his petition for post-conviction relief. The Petitioner was convicted of second degree murder, a Class A felony. He received a sentence of eighteen years as a Range I, violent offender. The Petitioner challenges the denial of his petition for post-conviction relief as well as the performance of trial and appellate counsel. Following our review, we affirm the judgment of the post-conviction court.

Roane Court of Criminal Appeals

Demetrie Owens v. State of Tennessee
M2011-02292-CCA-R3-PC
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Robert Crigler

A Marshall County jury convicted the Petitioner, Demetrie Owens, of aggravated burglary and two counts of theft of property valued over $1000, and the trial court sentenced him as a Range II offender to an effective sentence of ten years in the Department of Correction. On appeal, this Court affirmed the Petitioner’s convictions and sentence. State v. Demetrie Darnell Owens, No. M2009-02611-CCA-R3-CD, 2010 WL 3448138 (Tenn. Crim. App., at Nashville, Sept. 2, 2010), no perm. app. filed. The Petitioner filed a petition for post-conviction relief, which the post-conviction court dismissed after a hearing. On appeal, the Petitioner contends that he received the ineffective assistance of counsel because his trial counsel did not adequately cross-examine the State’s witnesses and because he improperly “opened the door” to proof of a prior bad act by the Petitioner. After a thorough review of the record and applicable authorities, we affirm the post-conviction court’s judgment.

Marshall Court of Criminal Appeals

State of Tennessee v. Antonio Jamarc Warfield
M2011-01235-CCA-R3-CD
Authoring Judge: Judge Roger A. Page
Trial Court Judge: Judge Robert L. Jones

A Maury County jury convicted appellant, Antonio Jamarc Warfield, of especially aggravated robbery, a Class A felony, and especially aggravated burglary, a Class B felony. The trial court sentenced him to serve an effective sentence of twenty-one years in the Tennessee Department of Correction. On appeal, appellant argues that the evidence was insufficient to support his convictions. After reviewing the record, the parties’ briefs, and applicable law, we affirm the conviction of especially aggravated robbery, modify the conviction of especially aggravated burglary to aggravated burglary, and remand for entry of a judgment on the aggravated burglary conviction consistent with this opinion.

Maury Court of Criminal Appeals

Quinton A. Cage v. State of Tennessee
M2011-00234-CCA-R3-PC
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge John H. Gasaway, III

The petitioner, Quinton A. Cage, filed an application to reopen his petition for post-conviction relief, asserting that he was incompetent when his post-conviction petition was filed. The post-conviction court denied the motion,and the petitioner appeals. Upon review, we dismiss the appeal as untimely.

Montgomery Court of Criminal Appeals

Curtis Myers v. Amisub (SFH), Inc., d/b/a St. Francis Hospital, et al.
W2010-00837-SC-R11-CV
Authoring Judge: Justice Sharon G. Lee
Trial Court Judge: Judge Jerry Stokes

The plaintiff filed a medical malpractice action against several health care providers and subsequently dismissed the lawsuit. He re-filed the action after the legislature enacted Tennessee Code Annotated section 29-26-121, which requires a plaintiff who files a medical malpractice suit to give health care providers who are to be named in the suit notice of the claim sixty days before filing the suit; and Tennessee Code Annotated section 29-26-122, which requires a plaintiff to file with the medical malpractice complaint a certificate of good faith confirming that the plaintiff has consulted with an expert who has provided a signed written statement that there is a good-faith basis to maintain the action. The defendants moved to dismiss the complaint based on the plaintiff’s failure to comply with Tennessee Code Annotated sections 29-26-121 and 122. The trial court denied the motion, finding that the plaintiff’s original suit constituted substantial compliance with the statutes’ requirements and that extraordinary cause existed to excuse compliance with the requirements of Tennessee Code Annotated section 29-26-121. Upon interlocutory appeal, the Court of Appeals reversed. We hold that the statutory requirements that a plaintiff give sixty days presuit notice and file a certificate of good faith with the complaint are mandatory requirements and not subject to substantial compliance. The plaintiff’s failure to comply with Tennessee Code Annotated section 29-26-122 by filing a certificate of good faith with his complaint requires a dismissal with prejudice.

Shelby Supreme Court

Daniel Renteria-Villegas et al. v. Metropolitan Government of Nashville and Davidson County et al.
M2011-02423-SC-R23-CQ
Authoring Judge: Justice Sharon G. Lee
Trial Court Judge: Judge Kevin H. Sharp

We accepted a question of law certified by the United States District Court for the Middle District of Tennessee to determine whether the October 2009 Memorandum of Agreement between the United States Immigration and Customs Enforcement and the Metropolitan Government of Nashville and Davidson County, by and through the Davidson County Sheriff’s Office, violates the Charter of Nashville and Davidson County or other state law. We conclude that the Memorandum of Agreement does not violate the Charter or any other state law cited by the plaintiffs.

Supreme Court

State of Tennessee v. Mark Joseph Graves
E2011-02471-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge John F. Dugger

The Defendant, Mark Joseph Graves, entered a best interest plea to attempted sexual exploitation of a minor, in exchange for a two-year and one-day sentence, as a Range I standard offender, at thirty percent. As part of the Defendant’s plea agreement, he reserved a certified question of law pursuant to Tennessee Rule of Criminal Procedure 37(b)(2) as to whether an affidavit in support of a search warrant must allege when the illegal activity occurred. After reviewing the record and applicable law, we conclude that the Defendant is not entitled to relief. Accordingly, we affirm the Defendant’s conviction.

Hamblen Court of Criminal Appeals

Tony L. Pirtle v. State of Tennessee
W2011-00925-CCA-R3-PC
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge J. Weber McCraw

The petitioner, Tony L. Pirtle, pled guilty to aggravated burglary, aggravated kidnapping, and facilitation of aggravated rape. The petitioner received an effective sentence of thirty years in the Tennessee Department of Correction. Thereafter, the petitioner filed a motion for post-conviction DNA testing, alleging that testing would exonerate his co-defendant and, thereby, exonerate the petitioner. The court denied the motion, and the petitioner appeals. Upon review, we affirm the judgment of the trial court.

Hardeman Court of Criminal Appeals

State of Tennessee v. Eddie Joe Whitaker
E2011-01372-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge E. Shayne Sexton

Defendant, Eddie Joe Whitaker, was indicted by the Campbell County Grand Jury for driving under the influence (DUI). Following a jury trial, Defendant was convicted as charged and sentenced by the trial court to 11 months and 29 days to be served at 75 percent incarceration. Defendant appeals his conviction and sentence and asserts: 1) the evidence at trial was insufficient to support his conviction; and 2) his sentence was excessive. Finding no error, we affirm the judgment of the trial court.

Campbell Court of Criminal Appeals

State of Tennessee v. Joshua Jermaine Whitehead
E2012-00312-CCA-R3-CD
Authoring Judge: Judge Jeffrey S. Bivins
Trial Court Judge: Judge Richard R. Baumgartner

Joshua Jermaine Whitehead (“the Defendant”) pled guilty in February 2004 to one count of attempted aggravated sexual battery and one count of aggravated assault. The Defendant was sentenced in May 2004 as a Range I offender to an effective sentence of nine years, suspended after service of one year. Due to repeated probation violations, the Defendant eventually served his entire sentence in confinement. The Defendant was released on August 19, 2011. On October 5, 2011, he filed a motion to withdraw his guilty plea on the basis that he was not informed of the lifetime community supervision consequence of his conviction for the sex offense. After a hearing, the trial court denied the Defendant’s motion, and this appeal followed. Upon our thorough review of the record, we affirm the judgment of the trial court.

Knox Court of Criminal Appeals

State of Tennessee v. Anthony Troy Williams
M2012-00242-CCA-R3-CD
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge Mark J. Fishburn

Appellant, Anthony Troy Williams,was indicted by the Davidson County Grand Jury for driving on a canceled, suspended or revoked license, second offense. Appellant was convicted by a jury and sentenced to six months in jail and a fine of $2,500. On appeal, Appellant, pro se, challenges the constitutionality of the State’s requirement that he have a license to drive in Tennessee. After a review of the record, we determine that Appellant was properly convicted of driving on a canceled, suspended, or revoked license. Accordingly, the judgment of the trial court is affirmed.

Davidson Court of Criminal Appeals

Steven Linton Griffith v. State of Tennessee
E2011-01506-CCA-R3-PC
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge Robert H. Montgomery

Petitioner, Steven Linton Griffith, was convicted in Sullivan County of both the sale and delivery of cocaine within 1,000 feet of a school zone. See State v. Steve Griffith, No. E2008-01962-CCA-R3-CD, 2009 WL 1956713, at *1 (Tenn. Crim. App., at Knoxville, Jul. 8, 2009), perm. app. denied, (Tenn. Dec. 14, 2009). The trial court merged the convictions into a single judgment. Appellant appealed. Id. This Court affirmed the judgment of the trial court on appeal. Id. Appellant filed a pro se petition for post-conviction relief in which he argued that he received ineffective assistance of counsel at trial. After a hearing, the postconviction court denied relief. Appellant argues on appeal that the petition was improperly denied. After a review of the record, we determine that Petitioner failed to show by clear and convincing evidence that he is entitled to post-conviction relief. Accordingly, the judgment of the post-conviction court is affirmed.

Sullivan Court of Criminal Appeals

In Re: Conservatorship of Leah Angelique Thomas - Cathey J. Tillman, Conservator v. Ronald Marvell Thomas
W2012-00349-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Judge Karen D. Webster

The probate court appointed a conservator for a disabled young adult. The court awarded attorney’s fees to the petitioner who was appointed as conservator, and to the guardian ad litem, to be paid from the estate of the disabled ward. The court also ordered that another party, who originally sought to be appointed as conservator but withdrew his petition before the hearing, would likewise receive an award of attorney’s fees to be paid from the estate of the ward. The conservator appeals, arguing that the probate court lacked the authority to make such an award to the party who withdrew his petition. We agree, and therefore, we reverse the award of attorney’s fees and remand for further proceedings.

Shelby Court of Appeals

State of Tennessee v. Louis W. Alford
M2012-00114-CCA-R3-CO
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Vanessa A. Jackson

Appellant, Louis W. Alford, was convicted of second degree murder in Coffee County in 1990. As a result, Appellant received a forty-year sentence. On direct appeal, this Court affirmed Appellant’s sentence and conviction. State v. Louis William Alford, No. 01C019110CC00300, 1992 WL 50968, at *5 (Tenn. Crim. App., at Nashville, Mar. 19, 1992), perm. app. denied, concurring in results only (Tenn. Jun. 15, 1992). In a separate case, Appellant pled guilty to several charges and received a four-year sentence. This sentence was ordered to be served consecutively to the second degree murder sentence. On direct appeal from the burglary conviction, this Court remanded the matter for resentencing because the judgment form failed to reflect the range of punishment. State v. Louis William Alford, No. 01-C01-9007CR00170, 1991 WL 4951, at *2 (Tenn. Crim. App., at Nashville, Jan. 24, 1991). On remand, the trial court held a sentencing hearing and sentenced Appellant as a Range II, multiple offender. Appellant again initiated an appeal, arguing that his five prior felonies could not be used to enhance his sentence because they pre-dated the Sentencing Reform Act of 1989. This Court affirmed the sentence on appeal. State v. Louis William Alford, No. 01C01-9108CC00227, 1992 WL 50963, at *1 (Tenn. Crim. App., at Nashville, Mar. 19, 1992), perm. app. denied, (Tenn. Jun. 8, 1992). Appellant filed a motion to correct his sentence in September of 2011, in which he complained about the miscalculation of his parole date and joinder of his sentences for burglary and second degree murder. The trial court denied the motion. Appellant filed a motion for reconsideration or, in the alternative, a notice of appeal. The trial court issued a second order in which it determined that it had no authority to order the relief sought by Appellant. Appellant filed a notice of appeal. After a review of the record and applicable authorities, we determine that Appellant does not have an appeal as of right from the order under Rule 3 of the Tennessee Rules of Appellate Procedure. Accordingly, the appeal is dismissed.

Coffee Court of Criminal Appeals

Dale England, et al. v. Robert England, et al.
E2011-02094-COA-R3-CV
Authoring Judge: Judge John W. McClarty
Trial Court Judge: Chancellor Billy J. White

This case is a property dispute between two brothers regarding the width of a right-of-way that affects both their properties. The plaintiff claims the right-of-way is eight feet wide and the defendant should be prevented from expanding the gravel road that runs along the right-of-way to 25 feet because the expansion would require the plaintiff to remove fences, septic tanks, and other permanent structures. The trial court ruled that the right-of-way created by the brothers’ father was intended to be 25 feet wide. The plaintiff appeals. We affirm.

Union Court of Appeals

State of Tennessee v. Oscar E. Ochoa and Beatriz Ochoa
E2011-01572-CCA-R9-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge Amy Reedy

Defendants, Oscar E. Ochoa and Beatriz Ochoa, were indicted by the Bradley County Grand Jury for possession of between 10 and 70 pounds of marijuana with intent to sell. Defendants filed applications for Rule 9 interlocutory appeal seeking our review of the trial court’s ruling that the State did not abuse its discretion when the Assistant District Attorney General denied Defendants’ applications for pretrial diversion. Defendants’ cases were consolidated on appeal. After a thorough review of the record and relevant authorities, we conclude that the trial court properly affirmed the State’s denial of pretrial diversion. Accordingly, we affirm the judgment of the trial court.

Bradley Court of Criminal Appeals

Charles Robert Braun, Jr. v. Nita Lynn Braun
E2012-00823-COA-R3-CV
Authoring Judge: Judge John W. McClarty
Trial Court Judge: Judge Dennis W. Humphrey

This is a post-divorce appeal. Stepfather assumed a parental role over Mother’s child from a previous relationship even though only one child was born of the relationship between the Parties. Following an agreed divorce, the court ordered Stepfather to submit child support for both children. The court reasoned that as a result of Stepfather’s participation in a petition to terminate the biological father’s parental rights to Mother’s child, the Child lost any right to support from his biological father. Stepfather appeals. We reverse the decision of the trial court but remand the case for proceedings consistent with this opinion.

Roane Court of Appeals