Rocky Hitson v. Dept. of Correction
M2001-02903-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Irvin H. Kilcrease, Jr.
This appeal involves a dispute between a prisoner and the Department of Correction regarding a disciplinary hearing held at the Northeast Correctional Complex in Mountain City. The prisoner filed a petition for writ of certiorari in the Chancery Court for Davidson County alleging that he had been substantially prejudiced by the Department's failure to follow its disciplinary rules. The trial court, relying on Sandin v. Conner, 515 U.S. 472, 115 S. Ct. 2293 (1995), granted the Department's Tenn. R. Civ. P. 12.02(6) motion and dismissed the petition. The petitioner has appealed. We have determined that the trial court's order should be vacated and remanded for further consideration in light of Willis v. Tennessee Dep't of Corr., ___ S.W.3d ___, 2003 WL 22019138 (Tenn. Aug. 27, 2003).

Randy Hensley v. Dept of Correction
M2001-02343-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Ellen Hobbs Lyle

Randy Hensley v. Dept of Correction
M2001-02343-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Ellen Hobbs Lyle

Jeffrey Simmons v. Gath Baptist Church
M2001-02511-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Charles D. Haston, Sr.
A man arrested for child sexual abuse brought an action against the church he once worked for, as well as against the Department of Children's Services and other governmental agencies, claiming that his arrest was procured by illegal or unconstitutional means. The trial court dismissed the action for failure to state a claim for which relief can be granted, and the passing of the Statute of Limitations. The court further held that the defendant governmental entities were immune from civil liability. We affirm.

Quentin Cavnar v. State
M2002-00609-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
This appeal involves the diagnosis and treatment of a person who was briefly hospitalized at Middle Tennessee Mental Health Institute. Following his release, the patient filed a claim with the Tennessee Claims Commission asserting that he had been misdiagnosed and that the staff had subjected him to mental abuse and torture. The Commission dismissed the patient's complaint after he failed to file a timely response to the State's Tenn. R. Civ. P. 12.02(6) motion to dismiss, and the patient has appealed. We have determined that the Commission properly dismissed the patient's claim, not only because of his tardy response but also because the response fails to state a claim upon which the Commission may grant relief.

State of Tennessee v. Arthur J. Holmes
E2001-01440-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge R. Jerry Beck

The Defendant, Arthur J. Holmes, pled guilty to three counts of theft under $500, class A misdemeanors; two counts of theft over $500, class E felonies; six counts of forgery, class D and E felonies; and four counts of identity theft, class D felonies. The Defendant's plea agreement provided for an effective ten year sentence as a Range II, multiple offender. After a hearing on the manner in which the Defendant would serve his sentence, the trial court denied an alternative sentence and ordered the Defendant to serve his sentence in the Department of Correction. The Defendant now appeals as of right. We affirm the trial court's judgment.

Liberty Insurance Company v. Richard W. Burgin,
E2001-01574-WC-R3-CV
Authoring Judge: Thayer, Sp. J.
Trial Court Judge: John F. Weaver, Chancellor
The trial court found the employee had only sustained an injury of a temporary nature and dismissed his claim for permanent disability. Judgment of the trial court is affirmed.

Dale Parish v. Massman Construction Co.,
W2001-01678-SC-WCM-CV
Authoring Judge: Joe C. Loser, Jr., Sp. J.
Trial Court Judge: Robert A. Lanier, Judge
In this appeal, the employee-appellant insists the trial court erred in finding (1) the employee's employment was not principally located in Tennessee, (2) the contract of hire was not made in Tennessee, and (3) the defendants waived their right to assert Tennessee does not have jurisdiction over the claim. As discussed below, the panel has concluded the judgment should be affirmed.

State of Tennessee v. Shawn M. Brooks
M2001-02358-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge J. O. Bond

The Appellant, Shawn M. Brooks, appeals from the judgment of the Wilson County Circuit Court revoking his probation. In May of 1996, Brooks pled guilty to sale of a Schedule I controlled substance, lysergic acid diethylamide (LSD), and received a split confinement sentence of eight years with one year to be served in confinement followed by seven years supervised probation. Again, in May of 1999, Brooks pled guilty to sale of a counterfeit controlled substance and received a two-year suspended sentence to be served consecutively to the 1996 sentence.

On April 10, 2001, a probation violation warrant was issued for only the1996 sentence based upon a new arrest in DeKalb County for numerous offenses. At the probation violation hearing, Brooks admitted guilt, which resulted in the revocation of his sentence and the reinstatement of his original eight-year sentence in the Department of Correction. Thirty days later, an amended order was entered by the trial court revoking Brooks' 1999 two-year suspended sentence on the same grounds. On appeal, he argues that the trial court erred by failing to consider alternatives to revocation. After review, we find that the trial court did not abuse its discretion by revoking Brooks' 1996 conviction. However, with regard to revocation of the 1999 sentence, we find that the proceedings failed to afford fundamental due process protections. Accordingly, we reverse and vacate the trial court's amended order revoking Brooks' two-year suspended sentence for sale of a counterfeit controlled substance.

State of Tennessee v. Bobby Gene Goodson
E2001-00925-CCA-R3-CD
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge Phyllis H. Miller

The defendant, Bobby Gene Goodson, appeals as of right his Sullivan County Criminal Court conviction in case number S42,000 for driving on a suspended license, a Class B misdemeanor, claiming that (1) the evidence is insufficient to support his conviction, (2) he has a constitutional right to travel, and (3) the trial court erred in denying his request to dismiss his trial attorney and reappoint counsel. The defendant also appeals his remaining two convictions in S42,000 for violation of the registration law and violation of the seat belt law, both Class C misdemeanors, and his conviction in case number S43,579 for driving on a suspended license. As to the defendant's appeal of his conviction for driving on a suspended license in case number S42,000, we affirm the judgment of the trial court. With regard to the remaining convictions, the defendant's appeal is dismissed because the judgments of conviction are not in the record on appeal.

State of Tennessee v. Barry F. Braden
M2001-00226-CCA-MR3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge J. Randall Wyatt, Jr.

Defendant, Barry F. Braden, was convicted by a Davidson County jury of six counts of aggravated robbery, a Class B felony. He was ordered to serve consecutive ten year sentences for counts one, two, four, five and six, to be served concurrently with a ten-year sentence in count three, for an effective sentence of fifty years. Defendant appeals his convictions and sentences, presenting the following issues for review: (1) whether the prosecutor’s inquiry on cross-examination and comments during closing argument on Defendant’s failure to submit fingerprints and his failure to take a polygraph examination constituted reversible error; (2) whether the evidence was sufficient to sustain his convictions; (3) whether the trial court erred by admitting a witness’s extraneous statement at trial; (4) whether the trial court erred by ordering consecutive sentences for five of Defendant’s six convictions; and (5) whether the trial court erred by failing to sever the offenses for
trial. After a thorough review of the record, we affirm the judgments of the trial court.

State of Tennessee v. Robert Gentry Galbreath
M2001-02495-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Lee Russell

A Bedford County jury convicted the defendant of twelve counts of obtaining a controlled substance, Hydrocodone, by fraud during the period from August 15, 2000 through September 8, 2000. The trial court sentenced the defendant to twelve years on each count and imposed a fine of $2,000 for each count. The trial court ordered that counts 1-4 run concurrently; that counts 5-8 run concurrently, but consecutive to counts 1-4; and that counts 9-12 run concurrently, but consecutive to all other counts, for an effective sentence of thirty-six years. On appeal, the defendant contends that the evidence is not sufficient to support eleven of his twelve convictions for fraud and that the trial court erred in sentencing him to thirty-six years in prison. Finding no error, we affirm the judgment of the trial court.

Charles Bryant v. State of Tennessee
M2001-02456-CCA-R3-PC
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge L. Craig Johnson

Petitioner/Appellant, Charles Bryant, filed a petition for post-conviction relief on August 3, 2001, attacking his conviction on July 18, 1997, for violation of the Motor Vehicle Habitual Offender Act. According to the allegations in the petition, there was no appeal from the conviction to which he pled guilty and received a sentence of four years as a multiple Range II offender. The trial court summarily dismissed the petition because it was filed outside of the applicable statute of limitations. We affirm.

State of Tennessee v. Timothy M. Hodge
M2001-03168-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge Timothy L. Easter

The defendant appeals his conviction for driving under the influence. He raises two issues: (1) whether the evidence was sufficient to support his conviction; and (2) whether the trial court erred in its instruction to the jury regarding the definition of "physical control" of a vehicle. After a review of the record, we affirm the judgment of the trial court.

State of Tennessee v. John W. Archey
M2001-02148-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge J. Curtis Smith

A Franklin County jury convicted the defendant of reckless driving. On appeal, the defendant challenges the sufficiency of the convicting evidence. The defendant also claims that the trial court's jury instruction for reckless driving was in error. After a careful review of the record, we affirm the judgment of the trial court.

State of Tennessee v. Joel Wayne Jackson and Joel Keith Russell
W2001-00587-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge C. Creed McGinley

The appellants, Joel Wayne Jackson and Joel Keith Russell, were each convicted in the Hardin County Circuit Court of one count of possessing more than .5 grams of cocaine with intent to sell. They were each sentenced to eight years incarceration in the Tennessee Department of Correction with the sentences to be served on supervised probation after serving ninety days in confinement. On appeal, Jackson challenges the correctness of his sentence and Russell contests the sufficiency of the evidence supporting his conviction. Upon review of the record and the parties' briefs, we affirm the judgments of the trial court

State of Tennessee v. Stanley R. Fine
E2001-03177-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge Thomas W. Graham

The defendant, Stanley R. Fine, pled guilty to the offenses of burglary and aggravated burglary. His plea agreement provided that he would serve a four year sentence for the aggravated burglary, with one year to be served in the county jail and the balance of three years to be served in the community corrections program. With respect to the burglary charge, the plea agreement included an agreed sentence of four years to be served in the community corrections program consecutive to the sentence for aggravated burglary, resulting in an effective sentence of eight years. Following the defendant's violation of the terms of his community corrections sentence, the trial court revoked the defendant's community corrections status and ordered that the remainder of his sentence be served in the Department of Correction. The defendant now appeals the trial court's ruling. We affirm the judgment of the trial court.

Barton Hawkins v. Dept of Correction
M2001-00473-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: Walter C. Kurtz
Petitioner, a state inmate, filed the underlying pro se petition for writ of certiorari to challenge the result of a prison disciplinary proceeding against him. The trial court dismissed the suit sua sponte for improper venue. Because the legislature has localized venue for actions brought by inmates to the county where the prison facility is located, we affirm the decision of the trial court, but remand for transfer to the appropriate trial court.

David Crockett v. Rutherford County
M2000-01405-COA-R3-CV
Authoring Judge: Judge Jane W. Wheatcraft
Trial Court Judge: Robert E. Corlew, III
4899". The Chancery Court of Rutherford County found that the rezoning had "elements" of arbitrariness and capriciousness and amounted to spot zoning; nonetheless, the Court deferred to the Rutherford County Commission, upheld the zoning change, and dismissed the Plaintiff's lawsuit. The issues presented for appeal are whether the Chancellor erred as a matter of law by granting deference to the Rutherford County Commission on the zoning issue in spite of the Court's factual findings in favor of Plaintiff, and whether the Trial Court erred in finding that the zoning amendment did not violate the Establishment Clauses of the United States and Tennessee Constitutions.

State of Tennessee v. Michael Scott Brogan
E2001-00712-CCA-R3-CD
Authoring Judge: Presiding Judge Gary R Wade
Trial Court Judge: Judge Bobby H. Capers

The defendant, Michael Scott Brogan, entered pleas of guilt to second degree murder and attempted second degree murder. The trial court imposed concurrent sentences of 20 years and 8 years, respectively. In this appeal of right, the defendant asserts that his sentence for second degree murder is excessive. Because the trial court misapplied several enhancement factors, the sentence for second degree murder is modified to 18 years. Otherwise, the judgments are affirmed.

State of Tennessee v. Tricia Ann Landry
E2001-02567-CCA-R3-CD
Authoring Judge: Presiding Judge Gary R Wade
Trial Court Judge: Judge W. Dale Young

The defendant, Tricia Ann Landry, was convicted of theft over $500.00 and theft over $1,000.00. The trial court imposed concurrent Range I sentences of two years and three years, respectively. Later, the defendant was determined to have violated her probation. The trial court ordered service of the sentence in the Department of Correction. In this appeal of right, the defendant argues that the trial court should have granted an alternative sentence. The judgment is affirmed.

James E. Johnson v. Bd. of Medical Examiners
M2002-00048-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Irvin H. Kilcrease, Jr.
This case involves the revocation of a physician's medical license. A patient saw a physician regarding a chronic skin condition. A series of unorthodox treatment methods resulted in the patient having upper respiratory problems, pain, dizziness, blurred vision, a small stroke, infection, and an abscess that had to be surgically drained and removed. As a result, the Tennessee Department of Health filed charges against the physician. After an administrative hearing, the Tennessee Board of Medical Examiners found that the physician engaged in unprofessional and unethical conduct, committed acts of gross malpractice, and demonstrated a pattern of incompetence and ignorance in the course of medical practice. The Board revoked the physician's medical license and assessed civil penalties. The physician sought judicial review in the chancery court. The chancellor affirmed the civil penalties but reversed the Board's revocation of the physician's medical license. The Tennessee Department of Health and the Tennessee Board of Medical Examiners appeal, arguing that the trial court substituted its judgment for the judgment of the Board. We reverse the ruling of the trial court, finding that the Tennessee Board of Medical Examiners did not abuse its discretion, did not act arbitrarily or capriciously, and that its revocation of the physician's medical license was supported by substantial and material evidence. Thus, we reinstate the Board's decision to revoke the physician's medical license.

Glenna Grissom vs. State
W2001-03021-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
This is a Claims Commission case that was dismissed for failure to prosecute. In July 2000, the claimant filed a lawsuit with the Tennessee Claims Commission against the State of Tennessee. The State filed its answer in October 2000. In September 2001, the State filed a motion to dismiss for failure to prosecute, relying on Tennessee Code Annotated section 9-8-402(b), which provides for dismissal of a claim with the Claims Commission if the claimant does not take action to advance the claim for a one-year period, unless the claimant received prior written consent from the Commission. In November 2001, the Commission entered an order granting the State's motion to dismiss. On appeal, the claimant argues that the one-year period should be tolled pending a response to her complaint by the State. We affirm, finding that the statutory one-year period began to run when the claim was filed.

Thomas Ponchik vs. Don Paul, et al
W2002-00150-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Jon Kerry Blackwood
Plaintiff, an inmate at a correctional facility, filed a complaint against the facility's private management company and its employees, alleging violations of prisoner's rights under the United States Constitution. The trial court dismissed the complaint for failure to state a claim upon which relief can be granted. Inmate appeals. We affirm.

Roy Ernest Young v. Joylee Mayhew
W2002-00185-COA-R3-JV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Daniel L. Smith