In Re: S.L.D.
E2005-01330-COA-R3-PT
Authoring Judge: Judge Sharon G. Lee
Trial Court Judge: Chancellor John F. Weaver

In this case, the trial court terminated a mother’s parental rights to her biological child upon grounds that she committed severe child abuse and that termination was in the child's best interest. The mother asserts that clear and convincing evidence was not presented that she committed severe abuse or that termination was in the best interest of the child. Mother argues that the judgment of the trial court should be vacated and the case remanded for new trial because of the unavailability of either a transcript of the proceedings below or a statement of the evidence. We vacate the order of the trial court as to termination of the parental rights of the mother and remand for new trial because the record provided this Court is insufficient to allow proper appellate review.

State of Tennessee v. Kevin Young
W2005-01180-CCA-R3-CD
Authoring Judge: Presiding Judge Gary R Wade
Trial Court Judge: Judge James C. Beasley, Jr.

The defendant, Kevin Young, was convicted of one count of possession of more than one-half ounce of marijuana with intent to sell and one count of possession of more than one-half ounce of marijuana with intent to deliver. See Tenn. Code Ann. § 39-17-417(a) (2003). The trial court merged the two counts into a single conviction and sentenced the defendant, a career offender, to six years in the Department of Correction. In this appeal, the defendant asserts (1) that the evidence is insufficient to support the convictions and (2) that the trial court provided an incorrect supplemental instruction to the jury. The judgment of the trial court is affirmed.

Bobby R. Bruner v. Odom Construction Systems, Inc.
E2004-02862-WC-R3-CV
Authoring Judge: Special Judge Roger E. Thayer
Trial Court Judge: Judge Wheeler A. Rosenbalm

This workers’ compensation appeal has been referred to the Special Workers’ Compensation
Appeals Panel of the Tennessee Supreme Court in accordance with Tennessee Code Annotated
section 50-6-225(e)(3) for hearing and reporting to the supreme court of findings of fact and
conclusions of law. The trial court awarded Plaintiff 100 percent permanent disability. On appeal,
Defendant argues (1) the trial court was in error in finding Plaintiff’s headaches and depression were caused by the accident and, (2) the evidence does not support a finding of total permanent disability. The judgment is affirmed.

State of Tennessee v. Joe Mac Pearson
M2005-00673-CCA-R3-CO
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge Lee Russell

The Appellant, Joe Mac Pearson, was convicted by a Marshall County jury of the sale and delivery of a Schedule II controlled substance and the sale and delivery of a Schedule III controlled substance. As a result of these convictions, Pearson received an effective sentence of twenty-five years in the Department of Correction. On appeal, Pearson argues that the evidence is insufficient to support his convictions. After review of the record, we conclude that the evidence is sufficient. We remand, however, for merger of offenses and for entry of corrected judgments of conviction.

State of Tennessee v. Coy Pierce
W2005-01355-CCA-R3-CD
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge Lee Moore

The defendant, Coy Pierce, was convicted of driving under the influence (DUI), fourth offense, a Class E felony, and driving on a revoked license, a Class A misdemeanor. The trial court imposed sentences of two years for the DUI and eleven months and twenty-nine days for the driving on a revoked license. The trial court ordered that the sentences be served concurrently and that the defendant serve seven months in confinement with the remainder to be served on community corrections. On appeal, the defendant contends that he was denied a fair trial (1) as a result of prosecutorial misconduct and (2) as a result of the trial court’s ruling that the defendant could not enter a photograph into evidence. We affirm the judgments of the trial court in part but remand the driving on a revoked license case for entry of a corrected judgment.

Clinton Books, Inc. v. City of Memphis
W2003-01300-SC-R11-CV
Authoring Judge: Justice Janice M. Holder
Trial Court Judge: Judge Robert A. Lanier

This appeal relates to the plaintiffs’ challenge to the constitutionality of Tennessee Code Annotated section 7-51-1402 (1998), which regulates the hours during which adult-oriented establishments may remain open and, if violated, results in criminal penalties. We must determine 1) whether the trial court had jurisdiction to issue a temporary injunction barring enforcement of the statute; and 2) whether the trial court erred in consolidating the request for injunctive relief with the declaratory judgment action and addressing the constitutionality of the statute. We conclude that the trial court lacked jurisdiction to grant injunctive relief. Furthermore, the trial court erred in addressing the constitutionality of the statute without providing notice to the parties that the court was consolidating the action for injunctive relief with the declaratory judgment action. Accordingly, we affirm the judgment of the Court of Appeals and remand the case to the trial court for a trial on the merits of the declaratory judgment action.

Robert R. Oates, Sr. v. Pinkerton Government Services, Inc.
E2004-02671-WC-R3-CV
Authoring Judge: Special Judge Roger E. Thayer
Trial Court Judge: Chancellor Howell N. Peoples

This workers’ compensation appeal has been referred to the Special Workers’ Compensation
Appeals Panel of the Tennessee Supreme Court in accordance with Tennessee Code Annotated
section 50-6-225(e)(3) for hearing and reporting to the supreme court of findings of fact and
conclusions of law. The trial court awarded Plaintiff 100 percent permanent disability. Defendant
contends that Plaintiff’s pre-existing cancer and not a work-related event was the cause of his
disability. Plaintiff argues the trial court was in error in failing to provide that all medical expenses
be paid directly to the Plaintiff. Judgment of the trial court is affirmed.

State of Tennessee v. Kenneth W. Thompson, Sr.
M2005-01160-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge George C. Sexton

The defendant, Kenneth W. Thompson, Sr., pled nolo contendere to one count of attempted aggravated sexual battery, and the trial court sentenced him to five years, to be served at thirty percent. On appeal, the defendant contends that the trial court erred when it denied his request for alternative sentencing. Finding that there exists no reversible error, we affirm the judgment of the trial court.

State of Tennessee v. Joel Marshall Jones - Dissenting
M2005-00619-CCA-R3-CD
Authoring Judge: Presiding Judge Gary R. Wade
Trial Court Judge: Judge Lee Russell

The record reflects that the trial began on the morning of December 16, 2004, and testimony was heard through 9:00 p.m. that evening. Closing arguments and jury instructions followed.  Deliberations began at 11:20 p.m. The jury returned a verdict at 3:35 a.m. the next morning. Just before examination of the final witness, the trial court announced as follows:

In consultation with the attorneys, we have reached a conclusion that the earliest we could possibly be able to get . . . this case to you tonight would be midnight.  We don't think that is fair to you, to the defendant or to the state.  For that reason, our plan is to complete the proof tonight. We have one final witness to go. Then at the end of that, to break until 9:00 in the morning. Then in the morning you could get the arguments of counsel and the charge and the case would be turned over to you in the morning.  I think being realistic that is the best we can do to be fair to everybody. . . .

State of Tennessee v. Joel Marshall Jones
M2005-00619-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Lee Russell

The Defendant, Joel Marshall Jones was convicted of aggravated burglary, theft of property valued at less than $500.00 and of theft of property valued at more than $1000.00. The Defendant was sentenced to prison for fifteen years as a Range II offender. On appeal, the Defendant contends that:  (1) the evidence is insufficient to sustain his convictions; (2) the trial court erred when it did not allow a witness to testify; and (3) the trial court erred when it extended the hours of the trial. Finding no reversible error, we affirm the judgments of the trial court.

State of Tennessee v. Charles Ivory Smith
W2005-01959-CCA-R3-CD
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge Roy B. Morgan, Jr.

A Madison County Circuit Court jury convicted the defendant, Charles Ivory Smith, of burglary and evading arrest. The trial court imposed a twelve-year sentence for burglaryand an eleven-month and twenty-nine-day sentence for evading arrest and ordered the defendant to serve the sentences consecutively as a career offender in the Department of Correction. The defendant asserts that the evidence was insufficient to support his convictions and that the trial court erred in ordering consecutive sentences. We affirm the judgments of the trial court.

Laquenton Monger v. David G. Mills, Warden
W2005-02516-CCA-R3-HC
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Joseph H. Walker, III

The Petitioner, LaQuenton Monger, appeals the lower court’s denial of his petition for habeas corpus relief. The State has filed a motion requesting that this Court affirm the trial court pursuant to Rule 20, Rules of the Court of Criminal Appeals. Because the Petitioner has failed to comply with the statutory requirements for seeking habeas corpus relief, we conclude that the trial court properly dismissed the petition. We affirm the trial court’s dismissal.

Ronald McCray v. State of Tennessee
W2006-00053-CCA-R3-HC
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge J. Weber McCraw

The Petitioner, Ronald McCray, appeals the lower court’s denial of his petition for habeas corpus relief. The State has filed a motion requesting that this Court affirm the trial court pursuant to Rule 20, Rules of the Court of Criminal Appeals. The Petitioner failed to file a timely notice of appeal and this Court cannot conclude that justice requires waiver of this jurisdictional requirement.  Accordingly, the above-captioned appeal is dismissed.

State of Tennessee v. Brian Keith Stanley
M2005-02113-CCA-R3-CD
Authoring Judge: Presiding Judge Gary R. Wade
Trial Court Judge: Judge Lee Russell

The defendant, Brian Keith Stanley, was convicted of driving under the influence, first offense. The trial court imposed a sentence of eleven months and twenty-nine days, with ninety days to be served in confinement. After determining that the defendant had violated the implied consent law, the trial court revoked his driver's license for two years. In this appeal, the defendant asserts that the evidence is insufficient to support his conviction for driving under the influence. The judgment of the trial court is affirmed.

Thomas H. Pleasant v. State of Tennessee
W2005-02885-CCA-R3-HC
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge R. Lee Moore Jr.

The petitioner, Thomas H. Pleasant, pled guilty in the Davidson County Criminal Court to second degree murder, attempted first degree murder, and aggravated robbery, and he received a total effective sentence of eighteen years in the Tennessee Department of Correction. Subsequently, the petitioner filed a petition for a writ of habeas corpus, alleging that the 1989 Sentencing Act is unconstitutional under Blakely v. Washington, 542 U.S. 296, 124 S. Ct. 2531 (2004). The habeas corpus court summarily denied the petition, and the petitioner appeals. Upon review of the record and the parties’ briefs, we affirm the judgment of the habeas corpus court.

Royal & Sunalliance v. Richard L. Loyd
M2005-00126-WC-R3-CV
Authoring Judge: Senior Judge William H. Inman
Trial Court Judge: Judge Royce Taylor

This workers’ compensation appeal has been referred to the Special Workers’ Compensation
Appeals Panel of the Tennessee Supreme Court in accordance with Tennessee Code Annotated
section 50-6-225(e)(3) for hearing and reporting to the supreme court of findings of fact and
conclusions of law. The Employee suffered a carpal tunnel injury to both hands. Surgery was
performed on both hands with good results. The same medical impairment was awarded for each arm, but the trial court awarded 8 percent vocational disability to the left arm, and 32 percent to the right arm. The Employer appeals arguing that there is no factual basis for the 400 percent difference. We affirm.

Richard S. Parker v. Margaret Mary Brennan
M2005-01376-COA-R3-CV
Authoring Judge: Judge Donald P. Harris, Sr.
Trial Court Judge: Judge Barbara N. Haynes

On this appeal, the Appellant challenges the award by the trial court of expenses totaling $2,611.42, for videotaping discovery depositions and other related video services as discretionary costs pursuant to Rule 54.04, Tennessee Rules of Civil Procedure. This amount was awarded in addition to expenses for stenographic transcripts of the same depositions. Finding expenses related to videotaping and video related services not specifically identified as allowable expenses within the rule, we modify the trial court's award to delete those expenses.

Paula P. King Booker v. The Boeing Company, d/b/a Boeing-Oak Ridge Company
M2005-00832-SC-R23-CQ
Authoring Judge: Justice E. Riley Anderson
Trial Court Judge: Judge Thomas W. Phillips

We accepted a question certified to this Court from the United States District Court for the Eastern District of Tennessee to clarify the operation of the statute of limitations for discriminatory pay claims under the Tennessee Human Rights Act. After considering the arguments of the parties and the applicable authority, we hold that a claim of discriminatory pay may be brought at any time within one year that a plaintiff has received discriminatory pay and that back pay is available for the duration of the unequal pay.

State of Tennessee v. Torian Dillard
W2005-00152-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge James C. Beasley, Jr.

The defendant, Torian Dillard, was convicted by a Shelby County Criminal Court jury of attempted first degree murder, a Class A felony, and reckless endangerment with a deadly weapon and being a convicted felon in possession of a handgun, both Class E felonies. The trial court sentenced him to consecutive terms of forty years as a multiple offender for the attempted murder conviction and six years as a career offender for each of the Class E felony convictions, for an effective sentence of fifty-two years in the Department of Correction. On appeal, the defendant contends that the State excluded African-American venire members from his jury in violation of the Equal Protection Clause of the United States Constitution, the evidence was insufficient to sustain his attempted first degree murder conviction, and the trial court erred in ordering consecutive sentences. Having reviewed the record and found no error, we affirm the judgments of the trial court.

Mae Ellen Williams, et al. v. Baptist Memorial Hospital, et al.
W2003-02872-SC-R11-CV
Authoring Judge: Justice E. Riley Anderson
Trial Court Judge: Judge James F. Russell

We granted this appeal to determine whether the trial court erred in denying the plaintiffs’ motion for an enlargement of time under Rule 6.02 of the Tennessee Rules of Civil Procedure and in granting summary judgment to the defendants. A majority of the Court of Appeals affirmed the judgment. After reviewing the record and applicable authority, we conclude (1) that the trial court did not abuse its discretion in denying the plaintiffs’ motion for an enlargement of time because the plaintiffs failed to show excusable neglect under Rule 6.02 and (2) that the trial court properly granted summary judgment to the defendants. As a result, we affirm the Court of Appeals’ judgment.

Oscar C. Wells v. State of Tennessee
W2005-01337-CCA-R3-PC
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge Arthur T. Bennett

The Appellant, Oscar C. Wells, proceeding pro se, appeals the summary dismissal of his petition for post-conviction relief as being time barred. On appeal, Wells asserts that his petition was timely filed because he delivered the petition to the appropriate prison official within the requisite one-year limitation period as authorized by Supreme Court Rule 28. The post-conviction court dismissed the petition as time barred because the petition was stamped “filed” by the Shelby County Criminal Court Clerk’s office outside the one-year period. Because these allegations present a factual dispute as to whether Wells’ petition was timely filed, we vacate the judgment of the post-conviction court and remand for resolution of this issue.

In Re J.J.C., D.M.C., and S.J.K. a/k/a K State of Tennessee, Department of Children's Services v. John Calabretta
W2005-01386-COA-R3-PT
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Special Judge Herbert J. Lane

This is a termination of parental rights case. This is the second appeal in this matter. In the first appeal, the trial court had terminated the father’s parental rights based on abandonment for failure to support his two children. On appeal, this Court reversed the termination on that ground, but remanded the case for further proceedings on the ground of persistent conditions. On remand, the trial court conducted further proceedings and determined that clear and convincing evidence established persistent conditions that prevented the children’s safe return to the father. The father now appeals. We affirm, finding that the ground of persistent conditions was established by clear and convincing evidence.

Marlon Hayes v. State of Tennessee
W2005-01026-CCA-R3-PC
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge Joseph H. Walker, III

The Appellant, Marlon Hayes, appeals the Tipton County Circuit Court’s denial of his petition for post-conviction relief. On appeal, Hayes collaterally challenges his guilty pleas for first degree felony murder and aggravated robbery upon grounds of ineffective assistance of counsel. After review of the record, we affirm the denial of post-conviction relief.

William Anthony Fisher and Shelby Lynn Hatter Fisher v. Jonathan Young
W2005-01018-COA-R3-PT
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Chancellor James F. Butler

This a termination of parental rights and adoption case. Before the minor child at issue was born, the biological father was sentenced to ten years imprisonment in a correctional facility. The biological mother and her husband filed a petition to terminate the parental rights of the biological father and permit the mother’s husband to adopt the minor child. The trial court granted the petition.  We affirm, finding grounds for termination established by the father’s confinement to prison for a ten year sentence when the minor child was less than eight years old, and finding clear and convincing evidence to support the trial court’s conclusion that termination was in the best interest of the child.

State of Tennessee v. Michael James Grubb
E2005-01555-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge Phyllis H. Miller

This is a direct appeal as of right from a conviction on a jury verdict for aggravated robbery. The Defendant was sentenced as a Range I, standard offender to twelve years in the Department of Correction. On appeal, the Defendant raises four issues: (1) the trial court erred in overruling his motion to suppress evidence obtained during a search of his car, (2) the trial court erred in allowing into evidence the preliminary hearing testimony of a police officer who was deceased at the time of trial, (3) the evidence was insufficient to find him guilty of aggravated robbery, and (4) his sentence is excessive. We affirm the judgment of the trial court.