Mary Varner vs. Jason Varner
E2001-02917-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: L. Marie Williams
In divorce case the Trial Court divided marital property and debts, awarded alimony and designated debts to be paid by husband as alimony. On appeal, we affirm in part and reverse in part.

Phillip Jessee vs. American General Life
E2002-00182-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
In this case of alleged age discrimination case from the Chancery Court for Sullivan County the Plaintiffs/Appellants, Phillip Jessee and James O. Morse, argue that the Trial Court erred in refusing to grant their request for a continuance, in its admission and exclusion of certain evidence and in its dismissal of their cause of action against the Defendant/Appellee, American General Life and Accident Insurance Company. We affirm the judgment of the Trial Court.

Christopher Hooven v. Johnnia Hooven
M2001-02108-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: Stella L. Hargrove
The wife appeals from the Trial Court's placing primary custody of the parties' minor children with the father. We affirm.

Julia Wilkes v. Fred's, Inc.
W2001-02393-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Robert A. Lanier
Plaintiff slipped and fell on liquid laundry detergent which had spilled in the customer service area in Defendant's store. The jury returned a verdict in favor of the Defendant. We affirm

Julia Wilkes v. Fred's, Inc.
W2001-02393-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Robert A. Lanier
Plaintiff slipped and fell on liquid laundry detergent which had spilled in the customer service area in Defendant's store. The jury returned a verdict in favor of the Defendant. We affirm

State of Tennessee v. Ricky Ray Humphrey
E2001-00512-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge E. Shayne Sexton

On October 19, 2000, the Defendant entered "best interest" guilty pleas to two counts of child abuse and neglect and three counts of indecent exposure. Pursuant to his plea agreement, the Defendant received five sentences of 11 months and 29 days to be served at 75%. The plea agreement apparently contemplated a hearing to determine the manner of service of the sentence. Following a hearing, the trial court ordered the Defendant to serve a split sentence on the first count with three months to be served on county work release and the balance of the sentence to be served on supervised probation. The court ordered each of the remaining sentences to be served on probation and consecutive to the split sentence, for an effective sentence of five years. It is from this order the Defendant now appeals as of right. We affirm the judgment of the trial court.

State of Tennessee v. Chester Lee Smith, II
E2001-01099-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge Douglas A. Meyer

A Hamilton County jury found the defendant guilty of DUI, third offense. On appeal, the sole issue is whether the trial court erred in not allowing the defendant to present testimony from a local health department nurse regarding the health department's procedures for storing and transporting blood samples, which are procured by the local health department for reasons unrelated to blood alcohol testing. We affirm the judgment of the trial court.

State of Tennessee v. Jeff L. Courtney, III
E2001-01258-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge James Edward Beckner
The Hamblen County Grand Jury indicted the Defendant, Jeff L. Courtney, III, for one count of driving under the influence, per se and for one count of driving under the influence, second offense. A Hamblen County jury convicted the Defendant of driving under the influence, second offense, and the trial court imposed a sentence of eleven months and twenty-nine days. The Defendant now appeals his conviction, arguing that the trial court improperly commented on the evidence at trial, that the trial court improperly instructed the jury, and that the evidence presented at trial was insufficient to support the Defendant's conviction. We conclude that the trial court did not improperly comment on the evidence, that the jury instructions were proper, and that sufficient evidence was presented at trial to support the Defendant's conviction. Therefore, we affirm the judgment of the trial court.

State of Tennessee v. Terry Dew Ayne Ogle
E2001-02029-CCA-R3-CD
Authoring Judge: Presiding Judge Gary R Wade
Trial Court Judge: Judge D. Kelly Thomas, Jr.

The defendant, Terry DeWayne Ogle, indicted for one count of aggravated assault, was convicted of the lesser included offense of assault. The trial court imposed a sentence of 11 months and 29 days. In this appeal of right, the defendant challenges the sufficiency of the evidence. The judgment of the trial court is affirmed.

Smith, Deceased v. Jerry Smith
E2001-03132-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: Thomas R. Frierson, II

Phillip Burdett vs. Kathy Burdett
E2002-01071-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: Lawrence H. Puckett
In this divorce action, the issue is whether the division of marital property by the Trial Court is equitable. We affirm.

State ex rel. Heather Middleton vs. Stanley Cochran
E2002-00164-COA-R3-JV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: Suzanne Bailey

State ex rel. Heather Middleton vs. Stanley Cochran
E2002-00164-COA-R3-JV
Authoring Judge: Judge David Michael Swiney

Janet Baca v. Liberty Mutual Insurance Company and Ih
E2002-00273-WC-R3-CV
Authoring Judge: Byers, Sr.J.
Trial Court Judge: Jerri Bryant, Chancellor
The plaintiff appeals the trial judge's decision that the plaintiff's medical proof was insufficient to establish causation. We affirm the judgment of the trial court.

George Wayne Greer v. Heilig-Myers Furniture,
E2001-01008-WC-R3-CV
Authoring Judge: Thayer, Sp. J.
Trial Court Judge: Jean A. Stanley, Chancellor
The trial court awarded the employee 7 percent permanent partial disability to the body as a whole. The employer contends the evidence preponderates against the award and that the employee made a meaningful return to work. Judgment of the trial court is affirmed.

Teresa Lynn Kidwell Atkins v. Ronal Lee Atkins
E2001-02043-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: John D. Mcafee

Teresa Lynn Kidwell Atkins v. Ronal Lee Atkins
E2001-02043-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: John D. Mcafee

Joseph Bolinger vs. Sharon Ann Bolinger
E2002-00103-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: Conrad E. Troutman, Jr.
In this divorce case, the sole issue for our review is whether the Trial Court properly classified three IRAs held by Joseph D. Bolinger ("Husband") as partially marital and partially separate assets. Applying the analysis set forth by the Supreme Court in the case of Langschmidt v. Langschmidt, 81 S.W.3d 741 (Tenn. 2002), we hold that the IRAs, which were funded with premarital assets, should be classified as Husband's separate property. We therefore vacate the Trial Court's judgment that the IRAs are partially marital assets and remand this case.

State of Tennessee v. Russell Maze
M2000-02249-CCA-R3-CD
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge Steve R. Dozier

A Davidson County grand jury indicted the defendant on one count of class A felony aggravated child abuse. A trial jury subsequently convicted him as charged. For this conviction the trial court sentenced him as a violent offender to serve twenty-one years. He next unsuccessfully pursued a motion for a judgment of acquittal or in the alternative a new trial. Through this appeal the defendant continues to assert that the trial court erred in not properly instructing the jury on lesser-included offenses and by admitting contested medical testimony. While the second contention merits no relief, we must reverse the conviction and remand the matter based upon error in instructing lesser-included offenses.

State of Tennessee v. Tracey Dion Payne
M2000-02584-CCA-R3-CD
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge Seth W. Norman

The defendant was convicted of two counts of rape of a child pursuant to a jury trial. He was charged with a total of four counts of rape of a child, with two counts per indictment. The trial court consolidated these two indictments for trial. However, the trial court dismissed one indictment due to certain improprieties that occurred during the testimony of one of the victims. For the aforementioned convictions, the trial court sentenced the defendant to serve an aggregate sentence of forty years, which was comprised of two consecutive twenty-year sentences. The defendant now brings the instant appeal challenging the sufficiency of the evidence supporting the defendant's conviction, the trial court's decision to consolidate the defendant's two indictments, and the trial court's failure to declare a mistrial at the close of the prosecutor's closing argument. After reviewing the record, we find that the trial court improperly consolidated the two indictments for trial and therefore reverse and remand this case for a new trial.

State of Tennessee v. Timothy Wayne Grimes
M2001-02385-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Allen Wilson Wallace
Defendant was convicted of criminal trespass and resisting arrest. On appeal, defendant asserts that (1) there was insufficient evidence to sustain the convictions, (2) the trial court's instruction to the jury was error in that it went to the "ultimate issue" of defendant's guilt of criminal trespass, and (3) the trial court abused its discretion in allowing defendant to be impeached with a prior conviction for aggravated assault. We affirm the judgment of the trial court.

State of Tennessee v. Janet Huffine Dykes
E2001-01722-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge Robert E. Cupp

The Defendant, Janet Huffine Dykes, was convicted by a jury of one count of reckless aggravated assault and one count of aggravated child abuse through neglect. The trial court merged the assault conviction into the child abuse conviction and sentenced the Defendant as a Range I standard offender to fifteen years in the Department of Correction. The Defendant now appeals as of right, challenging the sufficiency of the evidence in support of her convictions. We find the evidence is not sufficient to support the Defendant's conviction of aggravated child abuse through neglect and therefore reverse that conviction. We find the evidence sufficient to support the reckless aggravated assault conviction, and affirm that conviction. Because the Defendant was not sentenced for reckless aggravated assault, we remand this case for sentencing on the Defendant's conviction for reckless aggravated assault.

Wallace Forsythe v. Timothy Gibbs
M2001-02055-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Barbara N. Haynes
A laborer injured on the job during horseplay initiated by his employer claimed that he was entitled to damages in tort for his employer's actions. The trial court dismissed the suit, ruling that the plaintiff was bound by the exclusive remedy provisions of the Workers' Compensation Statute. We affirm.

Gregory Thompson v. Ricky Bell, Warden
M2001-02460-CCA-OT-CO
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge L. Craig Johnson

Appellant, Gregory Thompson, was convicted for the first degree murder of Brenda Lane. The murder occurred on January 1, 1985. The jury imposed the death penalty. Our supreme court affirmed the conviction and sentence of death. State v. Thompson, 768 S.W.2d 239 (Tenn. 1989). Appellant subsequently filed a petition for post-conviction relief. The petition was denied by the trial court, and the trial court's denial was subsequently affirmed by our Court. Thompson v. State, 958 S.W.2d 156 (Tenn. Crim. App. 1997). Later, in 2001, Appellant filed a petition for writ of error coram nobis, which the trial court dismissed without an evidentiary hearing because it was filed after expiration of the applicable one-year statute of limitations. This appeal followed. We affirm the judgment of the trial court.

State of Tennessee v. Andrew B. Simpkins
M2001-01737-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge John H. Gasaway, III

A Montgomery County jury convicted the Defendant of one count of criminal attempt to commit first degree murder and one count of possession of a prohibited weapon. The Defendant now appeals, asserting that the evidence was insufficient to support his convictions. After reviewing the record, we find no error and thus affirm the judgments of the trial court.