Paul Hagy v. Randstad Staffing Services, L.P., et al.
M2009-00960-WC-R3-WC
Authoring Judge: Justice Gary R. Wade
Trial Court Judge: Judge Robbie T. Beal

The employee filed a workers’ compensation claim for neck and lower back injuries
sustained while setting up a conference room during a temporary job assignment. The trial
court found that both injuries were work-related, assigned a six percent impairment to the
neck and a five percent impairment to the back, and applied a multiplier of 2.5. Both the
employee and the employer filed appeals, which have been referred to the Special Workers’
Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code
Annotated section 50-6-225(e)(3). The judgment of the trial court is affirmed.

Jermeil Tarter v. State of Tennessee - Dissenting
E2009-00078-CCA-R3-PC
Authoring Judge: Presiding Judge Joseph M. Tipton
Trial Court Judge: Judge R. Jerry Beck

I respectfully dissent. I conclude that the case should be remanded for the appointment of counsel and for continuing with the post-conviction proceeding

Jermeil Tarter v. State of Tennessee
E2009-00078-CCA-R3-PC
Authoring Judge: Judge D. Kelly Thomas, Jr.
Trial Court Judge: Judge R. Jerry Beck

The pro se Petitioner, Jermeil Tarter, appeals as of right from the Sullivan County Criminal Court’s denial of his petition for post-conviction relief attacking his conviction for sale of .5 grams or more of cocaine within a school zone. Upon preliminary consideration, the postconviction court found that the petition failed to state a cognizable claim and summarily dismissed the petition. On appeal, the Petitioner claims that the post-conviction court should have appointed counsel, allowed amendment of the petition, and conducted an evidentiary hearing. Following our review, we affirm the summary dismissal of the petition for postconviction relief.

Renwick Andre Earls, Jr. v. State of Tennessee
E2008-02565-CCA-R3-PC
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Michael H. Meares

The petitioner, Renwick Andre Earls, Jr., appeals the denial of his petition for post-conviction relief. He entered a plea of guilty to the offense of second degree murder, a Class A felony, in exchange for a sentence of forty-years to be served as a Range II, multiple offender. On appeal, he argues that he received ineffective assistance of counsel which resulted in him entering an involuntary and unknowing guilty plea. After careful review, we affirm the denial of post-conviction relief.

R&F Enterprises, Inc., v. Mike Penny, d/b/a Integrated Electrical Concepts, Inc.
E2009-00007-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: Judge W. Jeffrey Hollingsworth

The Sessions Court set aside plaintiff's default judgment based on Tenn. R. Civ. P. Rule 60
motion. On appeal to the Circuit Court the original judgment was ordered reinstated and the
order setting aside the judgment in Sessions Court was vacated. On appeal, we affirm the
judgment of the Trial Court on the grounds that the Sessions Court Judge did not have
jurisdiction to set aside the original default judgment.

State of Tennessee v. Charles Sharp
W2008-01656-CCA-R3-CD
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge James C. Beasley, Jr.

The Shelby County Grand Jury indicted Appellant, Charles Sharp, for one count of especially aggravated sexual exploitation of a minor, four counts of rape, one count of sexual battery by an authority figure, and one count of vandalism. An initial trial resulted in an acquittal for all charges except the especially aggravated sexual exploitation of a minor. At the second trial, a key witness was unavailable. Over the objection of Appellant, her redacted testimony from the first trial was read to the jury and presented as evidence. The jury convicted Appellant as charged. He was sentenced to nine years as a Range I, standard offender. On appeal, Appellant argues that his constitutional right of confrontation was violated by the State’s presentation of the previous testimony of this witness, that the evidence was insufficient to support his conviction, that the trial court erred in sentencing Appellant to nine years as a Range I, standard offender, and that the trial court erred in denying probation. After a thorough review of the record, we have determined that the evidence is sufficient to sustain the verdict and that Appellant was properly sentenced. The State’s failure to adequately prove that it had made a good faith effort to locate the missing witness’ testimony from Appellant’s first trial violated Appellant’s constitutional right to confront the witness. Therefore, this case is reversed and remanded for a new trial.

Michael Bills v. State of Tennessee
W2008-02704-CCA-R3-PC
Authoring Judge: Judge Camille R. McMullen
Trial Court Judge: Judge Donald H. Allen

The Petitioner, Michael Bills, appeals from the Madison County Circuit Court’s denial of post-conviction relief from his conviction for possession with the intent to sell one-half gram or more of cocaine, a Class B felony. In his appeal, the Petitioner argues that he received ineffective assistance of counsel because trial counsel (1) failed to call two witnesses to testify at trial and (2) failed to properly prepare a defense. Upon review, we affirm the judgment of the trial court.

Laura Jan Melton v. Bnsf Railway Company
W2009-00283-COA-R3-CV
Authoring Judge: Judge J. Steven Stafford
Trial Court Judge: Judge Kay S. Robilio

This is an appeal from a jury verdict in favor of the Appellee in a case based on the Federal
Employer’s Liability Act,45 U.S.C. § 51 et seq. Appellee filed this case as the widow and
personal representative of her husband, who died as a result of injuries he sustained while
working for the Appellant. Appellant appeals, arguing that the trial court erred in not
granting it a directed verdict, in not granting its motion for new trial, in making several
evidentiary rulings during the trial, and in not granting its motions for mistrial. We affirm
the trial court’s denial of the Appellant’s motions for directed verdict, finding that the
Appellee presented sufficient proof to create a question for the jury. However, finding that
the trial court erred in allowing the Appellant’s expert to be questioned on a non-testifying
expert’s deposition, and that the jury was more likely than not guided by prejudice, passion,
and bias, we reverse the trial court’s decision denying Appellant’s motion for new trial.
Further, finding material facts in dispute, we reverse in part and affirm in part the trial court’s
decision on Appellant’s motion for summary judgment. Reversed in part, affirmed in part
and remanded.

Jack Marler Van Hooser v. Susan McCreight Van Hooser
W2009-01191-COA-R3-CV
Authoring Judge: Judge J. Steven Stafford
Trial Court Judge: Judge Jerry Stokes

This is an appeal from the trial court’s award of alimony, division of marital property, and
grant of divorce. Husband filed the initial complaint for divorce. Subsequently, wife filed
a counter-complaint seeking a decree of legal separation. Wife later amended her  countercomplaint to allege fraud and sought damages based on her fraud claim. Because the trial court failed to rule on the wife’s claim of fraud, no final judgment exists. Accordingly, this
court lacks subject matter jurisdiction and the appeal is dismissed.

Jacqueline Redmon v. City of Memphis, et al.
W2009-01520-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Chancellor Arnold B. Goldin

A City of Memphis employee was terminated after accessing a city-owned database to obtain
the telephone number of a police officer who had arrested her husband and calling the officer
at his home to inquire about the arrest. Both the City of Memphis Civil Service Commission
and the trial court upheld her termination, and we affirm.

State of Tennessee v. Andrew Deon Harville
W2008-02375-CCA-R3-CD
Authoring Judge: Judge Camille R. McMullen
Trial Court Judge: Judge Joseph H. Walker, III

The Defendant-Appellant, Andrew Deon Harville, was convicted by a Tipton County jury of first degree premeditated murder and evading arrest in a motor vehicle, a Class E felony. He received a life sentence as a violent offender for first degree murder, and he was sentenced as a standard offender to two years for evading arrest. The trial court ordered that the two-year sentence be served consecutive to the life sentence. On appeal, Harville claims his conviction for first degree murder was not supported by sufficient evidence of premeditation. Upon review, we affirm the judgment of the trial court.

State of Tennessee v. Bradley Hawks
W2008-02657-CCA-R3-CD
Authoring Judge: Judge Camille R. McMullen
Trial Court Judge: Judge Clayburn L. Peeples

The Defendant-Appellant, Bradley Hawks, pled guilty in the Circuit Court of Crockett County to possession of less than .5 grams of methamphetamine with intent to sell or deliver, a Class C felony. He was sentenced to eight years in the Tennessee Department of Correction and fined $2,000. Pursuant to Tennessee Rule of Criminal Procedure 37, Hawks attempted to reserve the following certified question of law: “Whether the search and arrest of the defendant was unconstitutional in violation of Article I, Section 7 of the [Tennessee] Constitution and the 4th Amendment of the U.S. Constitution.” Because the certified question fails to identify the scope and limits of the legal issue reserved, we conclude that we are without jurisdiction to consider this appeal, and therefore it is dismissed.

Evan Ethelread Arrindell v. Gail Marvita Shipp Arrindell
W2009-00575-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Judge John R. McCarroll, Jr.

This is a divorce appeal. The parties had a twenty-one-year marriage and one minor child at the time of divorce. For the majority of the parties’ marriage, the husband owned a business, and the wife was a homemaker. After a trial, the trial court declared the parties divorced, designated the wife as the child’s primary residential parent, divided the martial estate, and awarded child support, transitional alimony, and alimony in futuro. The wife appeals. We affirm the judgment of the trial court as modified.

State of Tennessee v. Robert Dale Jarvis
M2009-00074-CCA-R3-CD
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge Robert G. Crigler

The Lincoln County Grand Jury indicted Appellant, Robert Dale Jarvis, for a total of twenty-one counts including aggravated burglary, theft over $500, theft over $1,000, and vandalism. Appellant pled guilty to two counts of theft over $500 and five counts of theft over $1,000. As a result of the guilty plea, the trial court imposed an effective sentence of twelve years to be served as a career offender at sixty percent. At the guilty plea hearing, the parties discussed the reservation of a certified question upon which Appellant wanted to appeal. On appeal, after a thorough review of the record, we conclude that Appellant has not properly preserved the certified question of law. Therefore, we must dismiss this appeal for want of jurisdiction.

State of Tennessee v. Sheila Marie Lott
M2008-02127-CCA-R3-CD
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge Franklin Lee Russell

The Bedford County Grand Jury indicted Appellant, Sheila Lott, for eight counts of criminal simulation, one count of theft over $1,000, and one count of fraudulent use of credit/debit card. Appellant pled guilty to all charges as set out in the indictments. The trial court sentenced Appellant as a Range II, multiple offender to an effective sentence of eighteen years and six months. On appeal, Appellant argues that the trial court erred in setting the length of her sentences within the range and in imposing consecutive sentences. After a thorough review of the record, we conclude that the trial court correctly applied enhancement and mitigating factors and that Appellant has waived her issue regarding the imposition of consecutive sentences for failure to include an argument or cite to authority in her brief. Therefore, the judgments of the trial court are affirmed.

State of Tennessee v. Mitchell Garner
W2008-01333-CCA-R3-CD
Authoring Judge: Judge Camille R. McMullen
Trial Court Judge: Judge Paula L. Skahan

The Appellant-Defendant, Mitchell Garner, was convicted by a Shelby County jury of aggravated sexual battery, a Class B felony. The trial court sentenced Garner as a violent offender to the maximum sentence of twelve years in the Tennessee Department of Correction. On appeal, he claims: (1) the insufficiency of the evidence; and (2) the trial court erred in imposing the maximum sentence because it misapplied two enhancement factors. Upon review, we affirm the judgment of the trial court.

Rudolph Powers v. State of Tennessee
W2008-01346-CCA-R3-PC
Authoring Judge: Judge Camille R. McMullen
Trial Court Judge: Judge Lee V. Coffee

A Shelby County Criminal Court jury convicted the Petitioner, Rudolph Powers, of aggravated rape and robbery accomplished with a deadly weapon against the victims Vivian Brodie and Carol Boone, and the Petitioner was sentenced to life imprisonment and twentyfive years respectively, which were to be served concurrently. A few months later, another Shelby County Criminal Court jury convicted the Petitioner of aggravated rape against victim Kris Brewer, and the trial court sentenced him to fifty years of imprisonment. The Petitioner was ordered to serve his fifty-year sentence consecutively to his concurrent sentences of life imprisonment and twenty-five years. Following a direct appeal and several collateral appeals, which were unsuccessful, the Petitioner filed a petition for post-conviction DNA analysis, which the post-conviction court denied. On appeal, the Petitioner contends that the post-conviction court erred in denying his petition for post-conviction DNA analysis. Upon review, we affirm the judgment of the post-conviction court.
 

Willie Wash v. Correctional Corporation of America
W2008-02856-COA-R3-CV
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Judge J. Weber Mccraw

Appellant filed a complaint alleging various causes of action against numerous defendants. The trial court dismissed his complaint for failure to comply with the requirements of Tenn. Code Ann. § 41-21-801, et seq. We affirm.

State of Tennessee v. Willie Hall
W2008-01875-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge James M. Lammey

The defendant, Willie Hall, was convicted by a Shelby County jury of assault, a Class A misdemeanor, and was sentenced to eleven months, twenty-nine days in jail and assessed a $500 fine. On appeal, he argues that: (1) the trial court erred in denying his motion in limine to exclude the 911 tape; (2) the trial court gave improper jury instructions on self-defense and flight; (3) the evidence is insufficient to sustain his conviction; and (4) the trial court imposed an excessive sentence. After review, we affirm the judgment of the trial court and remand for entry of a corrected judgment to reflect that the defendant is to serve sixty percent of his sentence.
 

John Carroll Cook v. State of Tennessee
W2008-02588-CCA-R3-PC
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge Roy B. Morgan, Jr.

The Petitioner, John Carroll Cook, pled guilty in the Madison County Circuit Court to rape of a child and aggravated sexual battery. He received a total effective sentence of twentyfive years to be served at one hundred percent. Subsequently, the Petitioner filed for postconviction relief, alleging that his trial counsel was ineffective and that his guilty pleas were not knowingly and voluntarily entered. The post-conviction court denied relief, and the Petitioner appeals. Upon review, we affirm the judgment of the post-conviction court.

State of Tennessee v. Sheila White Carlton
W2009-01004-CCA-R3-CD
Authoring Judge: Judge Camille R. McMullen
Trial Court Judge: Judge William B. Acree

The Defendant-Appellant, Sheila White Carlton, was indicted for one count of burglary of an automobile, a Class E felony; one count of assault, a Class A misdemeanor; and one count of theft of property valued at $500 or less, a Class A misdemeanor. A Gibson County Circuit Court jury subsequently acquitted Carlton of the burglary count, found her guilty of the theft count, and failed to reach a verdict on the assault count, which resulted in a mistrial on that
count. The trial court sentenced Carlton, whose prior criminal history included one conviction for vandalism, to eleven months and twenty-nine days probation after the service of sixty days in jail. On appeal, Carlton argues that the evidence was insufficient to support her conviction. Upon review, we affirm the trial court’s judgment.
 

Allen Ray Wolfe v. Mayes Mortuary
E2009-00406-WC-R3-WC
Authoring Judge: Senior Judge Jon Kerry Blackwood
Trial Court Judge: Judge Kindall Lawson

This workers’ compensation appeal has been referred to the Special Workers’ Compensation
Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated § 50-6-225(e)(3) for a hearing and a report of findings of fact and conclusions of law. Employee alleged that he injured his back in the course of his employment. Employer denied liability, asserting that Employee had not complied with the notice requirements of the workers’ compensation law. Tenn. Code Ann. § 50-6-201. The trial court found that Employee gave sufficient notice, and awarded one hundred fifty-six weeks of permanent partial disability benefits. Employer has appealed, arguing that the trial court erred by finding that Employee provided notice of his injury, and also that the award is excessive. We affirm the judgment.

Yolanda D. Barefield v. State of Tennessee
M2009-01319-CCA-R3-PC
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Mark J. Fishburn

The pro se petitioner, Yolanda D. Barefield, appeals the summary dismissal of her petition for post-conviction relief. On appeal, she alleges that she entered an involuntary guilty plea due to the ineffective assistance of counsel. After careful review, we remand to the trial court for appointment of counsel and a hearing regarding the issue of whether the petitioner received ineffective assistance of counsel with regard to her guilty plea to felony escape.

In Re: Emma E.
M2008-02212-COA-R3-JV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Judge Charles L. Rich

This case concerns the allocation of parental responsibility between two unmarried parents of a minor child. Prior to trial, the father’s attorney acknowledged removing a set of confidential records from the court clerk’s office in violation of a qualified protective order. The juvenile court declined to hold the father’s attorney in contempt and later admitted the records over the objection of the mother’s counsel. At trial, the court treated the father’s petition for change of custody as an original petition to establish residential parenting time. The court designated the mother primary residential parent, awarded the parties equal parenting time, granted the parties joint decision-making authority over all major life decisions, and ordered the mother to pay the father child support. The mother appeals. We affirm.

Johanna L. Gonsewski v. Craig W. Gonsewski
M2009-00894-COA-R3-CV
Authoring Judge: Judge Frank G. Clement
Trial Court Judge: Judge Tom E. Gray

The wife in this divorce action contends the trial court erred in the division of the marital property, in denying her request for alimony, and in denying her request to recover her attorney’s fees. We have determined the wife is in need of and the husband has the ability to pay alimony in futuro, in the amount of $1,250 per month, and that she is entitled to recover attorney’s fees. We, therefore, reverse the judgment of the trial court regarding alimony in futuro and remand the issue of attorney’s fees, leaving it to the discretion of the trial court to determine an amount that is  reasonable and necessary under the circumstances of this case. We affirm the trial court in all other respects.