Andrew Lee Moats v. State of Tennessee
E2003-00402-CCA-R3-PC
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Ray L. Jenkins

A Knox County jury convicted the Petitioner of first degree murder, and the trial court imposed a life sentence in the Tennessee Department of Correction. On direct appeal, this Court affirmed the conviction, and the Tennessee Supreme Court denied the Defendant's application for permission to appeal. The Petitioner then sought post-conviction relief, alleging that he was denied effective assistance of counsel. Following a hearing, the post-conviction court dismissed the petition, and this appeal ensued. We affirm the trial court's dismissal of the petition.

State of Tennessee v. Douglas Lee Overall
W2002-01954-CCA-R3-CD
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge Joseph H. Walker, III

The defendant, Douglas Lee Overall, was convicted by a Tipton County Circuit Court jury of aggravated kidnapping, a Class B felony; aggravated assault, a Class C felony; and possession of drug paraphernalia, a Class A misdemeanor. The trial court sentenced him to concurrent sentences of twelve years for the aggravated kidnapping conviction, twelve years for the aggravated assault conviction, and eleven months, twenty-nine days for the possession of drug paraphernalia conviction. The defendant appeals, claiming that the evidence is insufficient to support his convictions. We affirm the judgments of the trial court.

Armand Salvatore vs. Baron Corp.
E2002-01978-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Daryl R. Fansler
Following the termination of his employment, Armand M. Salvatore sued two corporations and six limited partnerships, as well as Miles E. Cullom, Jr., who was a stockholder, director, and president of the corporations, and who was also a limited partner in each of the limited partnerships, for salary, fees, and commissions allegedly due him under the terms of a written employment agreement. He also sued the defendant Cullom for statutory treble damages in tort for interference with his employment contract. Following a bench trial, the court below held that Salvatore, at the time of his termination, was employed under a renewed one-year employment contract. Pursuant to this holding, the trial court awarded him the remainder of his base salary for the second year of his employment. Salvatore appeals, contending that the trial court erred when it failed to award him salary for two additional years, fees, commissions, and treble damages. The defendants, on the other hand, claim that Salvatore is not entitled to the salary awarded to him by the trial court. We modify the trial court's judgment to increase Salvatore's award by $20,500. As modified, the judgment is affirmed.

Betty Bryant vs. Roy Bryant
E2002-02201-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: John D. Mcafee
In this divorce case, the trial court dissolved a marriage of over 36 years; divided the parties' marital property; and denied the request of Betty J. Bryant ("Wife") for attorney's fees. Wife appeals, arguing that the division of marital property is not equitable. Her argument is predicated primarily upon the assertion that her spouse, Roy C. Bryant ("Husband"), dissipated the marital assets as a result of his gambling activities. In addition, Wife contends that the trial court erred in refusing to award her attorney's fees. We affirm.

Alden Joe Daniel, Jr. v. State of Tennessee
E2002-02838-CCA-R3-PC
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge Carroll L. Ross

Petitioner, Alden Joe Daniel, Jr., appeals the trial court’s denial of his petition for post-conviction relief. In his initial brief filed with the assistance of retained counsel, Petitioner argues that the trial court erred in finding that Petitioner’s plea of guilty was voluntary and knowing and in finding that Petitioner’s trial counsel rendered effective assistance of counsel during the interval between Petitioner’s first and second trial and during plea negotiations. After the filing of his initial brief, this Court granted Petitioner’s counsel leave to withdraw as counsel and denied Petitioner’s motion for the appointment of substitute counsel. Thereafter, Petitioner filed a motion to reconsider post-judgment facts pursuant to Rule 14 of the Tennessee Rules of Appellate Procedure and a pro se supplemental brief. In his brief, Petitioner alleges that his post-conviction counsel rendered ineffective assistance of counsel and that the trial court based its findings on erroneous facts. Petitioner requests that this Court remand the matter to the trial court for an evidentiary hearing as to factual matters not presented at Petitioner’s post-conviction proceeding. For the reasons discussed herein, we deny Petitioner’s motion to consider post-judgment facts and affirm the trial court’s dismissal of the petition for post-conviction relief.

John Doe 1 v. Roman Catholic Diocese of Nashville
M2001-01780-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: Walter C. Kurtz
This appeal involves claims of intentional infliction of emotional distress through outrageous conduct. John Doe 1, his mother, and John Doe 2 seek to hold the Roman Catholic Diocese of Nashville liable for injuries caused by the alleged outrageous conduct of the Diocese in its dealings with Edward McKeown, a former priest, who sexually molested John Doe 1 and John Doe 2 a number of years after his affiliation with the Diocese ended. The trial court granted the Diocese's summary judgment motion, finding the Does had failed as a matter of law to satisfy the threshold requirements for stating a claim for the tort of outrageous conduct. The plaintiffs appeal that decision. Because we find the summary judgment motion was properly granted, we affirm the trial court.

Trinity Industries v. McKinnon Bridge
M2002-02713-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Irvin H. Kilcrease, Jr.
In this case, appellant-contractor for construction of a bridge entered into a contract with appellee-subcontractor for the fabrication and delivery of structural steel. By virtue of an indemnity clause in the contract, the trial court held the contractor liable to the subcontractor for the amounts expended by the subcontractor in settlement of a lawsuit filed against it and for the expenses incurred in the defense of the lawsuit. Contractor appeals. We affirm.

Lori Bates v. Joseph Bates
M2002-02037-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Carol A. Catalano
This is an appeal from a final decree of divorce, involving issues of appreciation involving Husband's property, award of attorney fees, and division of marital property and debt. Husband appeals. We affirm as modified herein and remand for such further proceedings as may be necessary.

Roger Harris v. State of Tennessee
E2001-00782-CCA-R3-PC
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Lynn W. Brown
This case has been returned to active status for consideration of the post conviction issues, after the supreme court denied the petitioner’s delayed appeal under Tennessee Supreme Court Rule. 28 §(9)(D). The petitioner appeals from the denial of his petition for post-conviction relief. The petitioner contends he received ineffective assistance of counsel at trial and on appeal. We affirm the post-conviction court’s denial of post-conviction relief.

State of Tennessee v. Jaye Wesley Mitts
E2002-00016-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge E. Shayne Sexton

The State appeals contending the trial court erred in allowing the defendant to receive jail credit from an unrelated charge against the 150-day mandatory minimum sentence he received in his plea to sixth offense D.U.I. Also, the State alleges error in the trial court modifying the defendant's payment plan for paying fines and costs to less than the defendant agreed to pay when the trial court accepted the defendant's plea agreement. We conclude it was error to allow this defendant to receive any jail credit toward his mandatory minimum of 150 days for his sixth D.U.I. offense where the credit accumulated on an unrelated charge. We further conclude the trial court was within its discretion to modify the payment plan, not the overall fine, upon determining the defendant did not have the ability to pay. We reverse in part and affirm in part the judgments of the trial court and remand for entry of a corrected judgment consistent with this opinion.

W2003-00911-COA-R3-PT
W2003-00911-COA-R3-PT
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Robert W. Newell

W2003-01180-COA-R3-CV
W2003-01180-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Rita L. Stotts

Antonio Vantress Brown v. State of Tennessee
W2002-02256-CCA-R3-PC
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Roy B. Morgan, Jr.

The Petitioner, Antonio Vantress Brown,¹ appeals the denial of his petition for post-conviction relief. He originally pled guilty to various offenses and received an effective sentence of thirty years. On appeal, the Petitioner contends: (1) he received ineffective assistance of counsel in entering his guilty pleas; and (2) his guilty pleas were not knowingly and voluntarily entered. Upon review of the record and the applicable law, we affirm the judgment of the post-conviction court.

Bobby R. Essary v. John R. Essary
W2003-00299-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: George R. Ellis

Larry Joe Manus v. County of Obion Facility
W2003-00447-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: William B. Acree

State of Tennessee v. Curtis E. Wells
M2002-02290-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge Donald P. Harris

The appellant, Curtis E. Wells, pled guilty in the Williamson County Circuit Court to robbery, a Class C felony. The plea agreement provided that the appellant would receive a sentence of six years, with the manner of service to be determined by the trial court. Following a sentencing hearing, the trial court ordered the appellant to serve one year at one hundred percent (100%) in the Williamson County Jail, with the remainder of the sentence to be suspended and served on intensive probation. On appeal, the appellant asserts that the trial court erred by not granting total probation. Upon review of the record and the parties' briefs, we affirm the judgment of the trial court.

Steve Rogers v. State
M2003-00215-COA-R3-CV
Authoring Judge: Judge William B. Cain
Plaintiff appeals dismissal by the Tennessee Claims Commission of his claim against the State of Tennessee resulting from an alleged assault and battery by a Tennessee State Trooper in the State Capital Building. The Claims Commission dismissed the claim for lack of subject matter jurisdiction, and we affirm the action of the Claims Commission.

State v. Preston Carter
W2000-02204-SC-DDT-DD
Authoring Judge: Justice Janice M. Holder
Trial Court Judge: Jon Kerry Blackwood

State v. Preston Carter
W2000-02204-SC-DDT-DD
Authoring Judge: Justice Janice M. Holder
Trial Court Judge: Jon Kerry Blackwood

State of Tennessee v. Edrian Rice
W2002-02677-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Donald H. Allen

The Defendant, Edrian Rice,1 pled guilty to possession of cocaine with intent to sell, possession of marijuana with the intent to sell, the unlawful carrying of a weapon with the intent to go armed, possession of drug paraphernalia, and driving under the influence, first offense. The trial court ordered the Defendant to serve an effective sentence of ten years in confinement as a Range I standard offender. On appeal, the Defendant contends (1) his sentence is excessive; and (2) the trial court erred in denying alternative sentencing. We affirm the judgments of the trial court.

State of Tennessee v. Andrea Spencer
W2002-01483-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Joseph B. Dailey

As a result of a jury trial in Shelby County, the Defendant, Andrea Spencer, stands convicted of one count of aggravated rape, two counts of aggravated burglary, two counts of aggravated kidnapping, and one count of sexual battery. The trial court ordered the Defendant to serve an effective sentence of eighty-four years as a Range II multiple offender. On appeal, the Defendant contends (1) the trial court erred in refusing to sever the offenses; (2) dual aggravated kidnapping convictions violate double jeopardy principles; and (3) his sentence is excessive. Upon review of the record and the applicable law, we vacate one of the Defendant’s two aggravated kidnapping convictions due to a double jeopardy violation. In addition, because certain enhancement factors were wrongfully applied, we reduce the Defendant’s sentence for sexual battery by one year and one of his sentences for aggravated burglary by three years, thereby reducing the Defendant’s effective sentence to eighty years. We otherwise affirm the judgments of the trial court.

State of Tennessee v. Elmore Lewis Baker, Jr. alias Lew Baker
E2003-00073-CCA-R3-CD
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge D. Kelly Thomas, Jr.

The defendant, Elmore Lewis Baker, Jr., pled guilty in the Blount County Circuit Court to eight offenses: counts one through four, delivery of a Schedule VI controlled substance, a Class E felony; count five, possession of drug paraphernalia, a Class A misdemeanor; count six, possession of a Schedule VI controlled substance with intent to sell or deliver, a Class E felony; and counts seven and eight, delivery of drug paraphernalia, a Class E felony. The defendant was sentenced as a Range I, standard offender to one year on counts one through three, two years on count four, eleven months and twenty-nine days on count five, two years on count six, one year on count seven, and two years on count eight. The plea agreement stipulated the sentences were to run concurrently, and the trial court determined that the sentences should be served as ninety days in jail and the remainder on probation. The defendant appeals, claiming that his sentences are excessive and that he should have received full probation. We affirm the judgments of the trial court.

State of Tennessee v. Donald Ray Lovell
M2002-02379-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge J. Randall Wyatt, Jr.

The Davidson County Grand Jury indicted the defendant for aggravated gambling promotion. The trial judge denied the defendant's preliminary motion to suppress certain evidence, and a Davidson County jury found the defendant guilty as charged. The court sentenced him to two years of probation, a $1,000 fine, and five hours of unpaid community service per month for twenty-four months. He now appeals claiming: (1) that the trial court erred in failing to suppress physical evidence gathered during and incriminating statements made as a result of a warrantless search; and (2) that the evidence was insufficient to support a conviction for aggravated gambling promotion. Finding no reversible error, we affirm the judgment of the trial court.

State of Tennessee v. Barbara Sue Moore
M2002-02995-CCA-R3-CD
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge Cheryl A. Blackburn

The defendant, Barbara Sue Moore, pled guilty in the Davidson County Criminal Court to theft of property valued $60,000 or more, a Class B felony, and theft of property valued $1,000 or more but less than $10,000, a Class D felony. Pursuant to the plea agreement, the defendant received concurrent sentences of eight and two years, respectively, with the manner of service to be determined by the trial court. After a sentencing hearing, the trial court denied the defendant's request for alternative sentences and ordered that she serve her sentences in the Department of Correction. The defendant appeals, claiming that the trial court erred by ordering that she serve her sentences in confinement. We affirm the judgments of the trial court.

State of Tennessee v. Robert Kern Holloway
M2002-01904-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Allen W. Wallace

A Dickson County jury convicted the defendant, Robert Kern Holloway, of second degree murder, a Class A felony, and he was sentenced to forty years to be served at 100% as a violent offender. On appeal, he argues: the evidence was insufficient to support his conviction; the trial court improperly instructed the jury regarding the mens rea element of second degree murder; and the trial court abused its discretion in ruling on his pro se motion for a new trial which alleged ineffective assistance of counsel. Upon review, we affirm the judgment of the trial court as to the defendant's conviction but vacate its ruling as to the pro se ineffective assistance of counsel claim.