08-99-0024-CC
08-99-0024-CC
Trial Court Judge: A. Andrew Jackson

State of Tennessee v. Dianna Helton Hord
E2002-00070-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge D. Kelly Thomas, Jr.

The Defendant, Dianna Helton Hord, pled guilty to driving under the influence and driving on a revoked license. As part of her plea agreement, she expressly reserved with the consent of the trial court and the State the right to appeal a certified question of law pursuant to Tennessee Rule of Criminal Procedure 37(b)(2)(i). The certified question of law stems from the trial court's denial of the Defendant's motion to suppress. We affirm the judgment of the trial court.

State of Tennessee v. Frederick H. Gonzales, Jr.
M2000-03219-CCA-R3-CD
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge Donald P. Harris

A Williamson County jury convicted the defendant, Frederick H. Gonzales, Jr., of selling cocaine in an amount of .5 grams or more and assessed a fine of $50,000. The trial court sentenced the defendant to serve nine years as a Range I offender and reduced his fine to $5,000. The defendant now brings this appeal, challenging the trial court's failure to grant his motion for new trial on the basis that (1) evidence of a prior bad act committed by the defendant was improperly admitted at trial and that (2) the state improperly referred to the defendant's failure to call witnesses in closing arguments. Because we find that (1) the defendant opened the door to the prior bad act testimony and waived this issue by failing to object at trial and that (2) the prosecutor's reference to missing witnesses was harmless error, we affirm the judgment of the trial court.

State of Tennessee v. Ronald Dotson
W2001-02548-CCA-MR3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Joseph B. Dailey

The defendant appeals his sentence of life imprisonment without parole as a repeat violent offender because he was not tried within 180 days of arraignment. Because the defendant did not prove that he suffered prejudice from the delay in bringing his case to trial, we affirm the decision of the trial court.

State v. Kenneth Stewart
E2001-02117-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Douglas A. Meyer
Hamilton County -The Defendant, Kenneth Ray Stewart, was convicted by a Hamilton County jury of one count of attempted sexual battery. The trial court sentenced the Defendant to eleven months and twenty-nine days in the Hamilton County Workhouse, suspended the sentence, and ordered that the Defendant serve the sentence on supervised probation. Conditions of probation included counseling pursuant to a sex offender clinical evaluation and no contact with the victim. On appeal, the Defendant presents three issues for our review: (1) whether the trial court erred by allowing testimony by State witness Virgie Redden under the excited utterance exception to the hearsay rule; (2) whether the trial court erred by allowing the State to use leading questions during direct examination of the victim; and (3) whether the evidence was insufficient as a matter of law to support the Defendant's conviction for attempted sexual battery. Finding no reversible error, we affirm the judgment of the trial court.

Basil Marceaux v. Chattanooga Printing
E2001-03072-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: L. Marie Williams

State v. Jamey Cheek
E2001-02977-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Mary Beth Leibowitz
The Defendant pled guilty to aggravated assault, leaving the manner of service of his sentence to the discretion of the trial court. Following a sentencing hearing, the trial court denied alternative sentencing. The Defendant now appeals the trial court's decision, arguing (1) that the trial court erred by excluding two documents as exhibits at the sentencing hearing, or, in the alternative, that he should have been granted a continuance on the day of the hearing; and (2) that the trial court erred by denying his application for probation. Finding no error, we affirm the judgment of the trial court.

E2002-1237-COA-R3-CV
E2002-1237-COA-R3-CV
Trial Court Judge: Bill Swann

Mable Calhoun v. Quebecor Printing, Inc.
E2001-00839-WC-R3-CV
Authoring Judge: Byers, Sr.J.
Trial Court Judge: John S. Mclellan, III, Chancellor
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann._ 5-6-225 (e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The defendant appeals the trial court's decision to award the plaintiff temporary total disability benefits for the period of May 19, 1999, through January 5, 2, and to award fifty- five percent permanent partial disability to the body as a whole. We affirm the decision of the trial court. Tenn. Code Ann. _ 5-6-225(e) (1999) Appeal as of Right; Judgment of the Sullivan County Chancery Court is Affirmed BYERS, SR.J., in which ANDERSON, J., and THAYER, SP.J., joined. Steven H. Trent, of Johnson City, Tennessee, for Appellant, Quebecor Printing, Inc. Tony A. Seaton, of Johnson City, Tennessee, for Appellee, Mable Calhoun. MEMORANDUM OPINION Review of the findings of fact made by the trial court is de novo upon the record of the trial court, accompanied by a presumption of the correctness of the finding, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. _ 5-6-225(e)(2). Stone v. City of McMinnville, 896 S.W.2d 548, 55 (Tenn. 1995). The application of this standard requires this Court to weigh in more depth the factual findings and conclusions of the trial courts in workers' compensation cases. See Corcoran v. Foster Auto GMC, Inc., 746 S.W.2d 452, 456 (Tenn. 1988). Facts The plaintiff was fifty-eight years of age at the time of trial. She has completed the tenth grade and also has earned a general equivalency degree. She has no vocational or specialized training. She is married and her husband is retired. They have no dependent children. The plaintiff began working for the defendant company in 1983. The company, which was then known as Kingsport Press, Inc., is primarily engaged in the manufacture of books. In her seventeen years with the defendant company, the plaintiff worked in a variety of positions. At the time of the injury that is the basis for her claim in this case, she was employed as a sewing machine operator. The plaintiff testified that on July 27, 1997, she was attempting to move a palate or "skid," which was part of the duties of her position. While doing so, her foot became caught between two of the palates, causing her to fall and injure her back and right leg. She reported her injury to her supervisor and worked the remainder of her shift. The evening of the accident, the plaintiff went to the emergency room and was diagnosed with a lumbosacral strain. In the days following the July 27 accident, the plaintiff continued to work but experienced pain in increasing frequency and severity, so her supervisor offered her a panel of three physicians from which to choose a physician to see. The plaintiff chose Dr. John Marshall and first saw him on July 3, 1997, for examination and treatment. Dr. Marshall placed several temporary work restrictions on the plaintiff and returned her to work. The plaintiff continued to see Dr. Marshall throughout 1997. After months of the plaintiff's continued working under restrictions while receiving treatment, Dr. Marshall determined that she had reached maximum medical improvement on January 26, 1998, and assessed permanent partial disability at ten percent to the body as a whole. During her course of treatment with Dr. Marshall, the plaintiff also saw Dr. Fred Killeffer, a neurosurgeon. Dr. Killeffer examined the plaintiff and agreed with Dr. Marshall's assessment of a ten percent impairment to the body as a whole. The plaintiff continued to have severe pain in her back and right leg, but Dr. Marshall and Dr. Killeffer recommended against surgery. The plaintiff then sought treatment from Dr. Gregory Corradino, a non-panel physician. Contrary to the opinions of Dr. Marshall and Dr. Killeffer, Dr. Corradino recommended surgery be performed on the plaintiff's back. This surgery was not authorized by her employer. She continued to work for the defendant company until May 19, 1999, when she left work for the unauthorized surgery. On May 27, 1999, Dr. Corradino performed a hemi-laminotomy and diskectomy on the plaintiff. Following the plaintiff's surgery, she testified that her condition was relatively unchanged, and that the surgery provided no significant improvement in her symptoms. Dr. Corradino found that the plaintiff had reached maximum medical improvement "relative to her surgery", on January 5, 2. He assessed her a fifteen percent impairment to the body as a whole. She continued to see -2-

State of Tennessee v. Toni Yvonne Hunt
W2001-02654-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Donald H. Allen

The defendant appeals her sentence of confinement after pleading guilty to theft under $500.00, a Class A misdemeanor, in violation of Tennessee Code Annotated section 39-14-103. The trial court sentenced the defendant to 11 months, 29 days at 75% release eligibility, with 150 days of shock incarceration. The defendant argues that the trial court erred in not granting her full probation. However, the defendant did not meet her burden necessary to prove the impropriety of her sentence. Our supreme court acknowledges that trial courts have more flexibility in misdemeanor sentencing than in felony sentencing. Given the defendant's prior criminal history and the flexibility granted to trial courts in misdemeanor sentencing, the judgment of the trial court is affirmed.

State of Tennessee v. Michael Cammon
M2001-00592-CCA-R3-CD
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge James K. Clayton, Jr.

The appellant, Michael Cammon, was convicted in a jury trial of robbery, aggravated assault and possession of over 300 grams of cocaine with the intent to sell or deliver. He was also convicted of felony possession of a weapon. For these offenses the appellant received sentences of three years, three years, twenty-two years, and two years, respectively. All sentences were set to run concurrently with each other, but consecutively to any previous sentences the appellant might have to serve. In this appeal he raises three issues for our consideration. First, he claims the evidence is insufficient to corroborate the testimony of his accomplice. Secondly, he alleges that the trial court erred in failing to instruct the jury with respect to the amount of controlled substance required for the offense charged. Finally, the appellant complains that the trial court erred in failing to instruct the jury on the lesser-included offense of simple assault. We find no reversible error with respect to the narcotics offense or with respect to the conviction for aggravated robbery. Those convictions are affirmed. However, we must reverse the conviction for aggravated assault and remand this case for a new trial.

State of Tennessee v. Romania Ann Gadson
M2001-01212-CCA-R3-CD
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge John H. Gasaway, III

The defendant, Romania Ann Gadson, pled guilty in the Montgomery County Circuit Court to seven felonies. While she was on probation for those crimes, the defendant committed and was convicted of three additional felonies and one misdemeanor. After a sentencing hearing, the trial court revoked the defendant's probation, determined that her effective sentence for the "old" convictions was twelve years, and ordered that she serve the twelve-year sentence in incarceration. The trial court also sentenced the defendant to an effective sentence of five years in confinement for the "new" convictions and ordered that she serve the five-year sentence consecutively to the twelve-year sentence. The defendant appeals, claiming (1) that the trial court incorrectly calculated the effective sentence for her old convictions to be twelve years; (2) that the trial court erred in sentencing her to the maximum punishment in the range for one of her new convictions; and (3) that she should have received a community corrections sentence for her new convictions. As to the defendant's claim that the trial court incorrectly calculated her twelve-year sentence, we remand the judgments of conviction to the trial court. As to the defendant's new convictions, we conclude that the trial court properly sentenced the defendant and affirm those judgments of conviction.

State of Tennessee v.Aaron Lembar Smith
M2001-02532-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge Allen W. Wallace

Following a jury trial, Defendant, Aaron Lembar Smith, was found guilty of two counts of Class D felony burglary (a building other than a habitation), one count of Class E felony vandalism, two counts of Class D felony theft, and one count of Class D felony vandalism. One of the burglaries, the Class D felony vandalism, and one of the Class D felony thefts, involved an incident which occurred at Centennial Elementary School in Dickson. The other charges involved an incident at Buckner City Park, which is located on property adjoining Centennial Elementary School. In this appeal, Defendant challenges the sufficiency of the evidence to sustain his convictions for the burglary, vandalism, and theft convictions arising from the incident at Centennial Elementary School. He does not challenge the sufficiency of the evidence, or raise any other issues, regarding the remaining charges. After a thorough review of the record, we affirm the convictions for burglary, vandalism, and theft regarding the incident at Centennial Elementary School. However, our review of the record indicates errors in the judgments; as the sentencing hearing is not a part of the record, but the judgments on their face are erroneous, we remand these cases to the Circuit Court of Dickson County for amended judgments to be entered or for a new sentencing hearing, if necessary.

State of Tennessee v. Rebecca Dawn Perkins
E2001-02763-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge D. Kelly Thomas, Jr.

The Blount County Grand Jury indicted the Defendant for second degree murder, and following a trial, a Blount County jury convicted the Defendant of reckless homicide. The trial court sentenced the Defendant as a Range I, standard offender to four years for the crime and ordered that she serve her entire sentence in confinement. In this appeal as of right, the Defendant argues that she was improperly sentenced. Specifically, she contests the length of her sentence, and she contends that she should have been granted some form of alternative sentencing. Having reviewed the record, we conclude that the trial court did not err in sentencing the Defendant, and we therefore affirm the sentence imposed.

Marcie Allen v. Rashid Al-Qadir
M2001-03009-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: R.E. Lee Davies
This is an appeal from an Order entered on a jury verdict. Plaintiffs sued to set aside a transfer of property to Defendant-purchaser because Plaintiffs had an pre-existing contract on the same property. Plaintiffs also sued the Defendant-seller for specific performance of that pre-existing contract. The Chancery Court entered judgment on the jury verdict, finding, inter alia, that Defendant-purchaser was not a bona fide purchaser for value without notice. The court denied Defendant-purchaser's motions for new trial and to alter or amend. Defendant-purchaser appeals. We affirm.

JWT, L.P. v. Printers Press
M2001-02590-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Ellen Hobbs Lyle
Corporation sought compensatory and punitive damages for losses sustained as a result of neighboring business property owner's erection of a fence across a valid easement immediately adjacent to appellant's business. The chancery court denied corporation's claim for compensatory and punitive damages, but granted injunctive relief. Corporation appeals. We affirm.

Michael Holeman v. Donna Holeman
M2001-00622-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: Steven C. Douglas
After the trial court granted the parties a divorce, awarded them joint custody of their minor child, and granted primary physical custody of Child to Mother for the school year, Father filed a motion to reconsider the custody arrangement. The trial court denied the motion and Father appeals. We affirm the decision of the trial court.

State v. Christopher Flake
W2000-01131-SC-R11-CD
Authoring Judge: Justice Frank F. Drowota, III

Pero's Steak House v. Elizabeth Lee & 1st American Bank & 1st Tennessee Bank
E2001-00254-SC-R11-CV
Authoring Judge: Justice Frank F. Drowota, III
Trial Court Judge: Dale C. Workman
The issue in this appeal is whether the trial court and the Court of Appeals erred in refusing to apply the discovery rule to the three-year statute of limitations for conversion of negotiable instruments and in granting the defendant's motion for partial summary judgment as to checks allegedly converted more than three years before the plaintiffs filed suit on August 29 and 30, 1996. After fully and carefully considering the record and the relevant authorities, we conclude that the discovery rule does not apply to toll the statute of limitations when the claim alleged is conversion of a negotiable instrument. This conclusion applies both to the former statute of limitations, Tennessee Code Annotated section 28-3-105, and the current statute of limitations, Tennessee Code Annotated section 47-3-118(g). Therefore, in the absence of fraudulent concealment, a cause of action for conversion of a negotiable instrument accrues, and the statute of limitations begins to run, when the instrument is negotiated. With respect to the plaintiffs' claim that the defendant is guilty of fraudulent concealment, we are of the opinion that the record contains no genuine issue of material fact precluding summary judgment. Accordingly, the judgment of the Court of Appeals affirming the trial court's grant of partial summary judgment to the defendant is affirmed on the separate grounds stated herein.

Jackie Martin v. Lear Corporation
E2001-01002-SC-WCM-CV
Authoring Judge: Justice Frank F. Drowota, III
Trial Court Judge: Kindall T. Lawson
In this workers' compensation case, we are called upon to determine whether the trial court may admit a form C-32 medical report obtained by the plaintiff from the defendant's "consulting expert," a physician who made a physical examination of the plaintiff. The defendant claims that the physician it hired to make an independent medical examination of the plaintiff is protected from compelled testimony under Tennessee Rule of Civil Procedure 26.02(4)(B). However, the Tennessee's Workers' Compensation Law, specifically Tennessee Code Annotated sections 50-6-204(f) and 50-6-235(c), clearly permits the admission of testimony, including a medical report form, of an examining physician paid for by the employer in a workers' compensation case. Therefore, we hold that, pursuant to Tennessee Code Annotated sections 50-6-204(f) and 50-6-235(c), the trial court did not err by admitting the physician's medical report.

State of Tennessee v. Jason Fisher
E2002-00335-CCA-R3-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Judge D. Kelly Thomas, Jr.

The defendant pleaded guilty to six counts of forgery and was sentenced as a Range I, standard offender to an effective term of two years, which was suspended and ordered to be served on probation. Various probation violation warrants were filed, alleging that the defendant had failed to comply with the conditions of probation and, in general, was uncooperative with those in charge of supervising his sentence. Following a hearing on the fourth such warrant, the trial court revoked the defendant's probation and ordered him to serve the sentence originally imposed. The defendant appealed. Upon review of the record, we detect no abuse of the trial court's discretion and affirm the judgment.

State of Tennessee v. Kim Hickerson
M2001-02072-CCA-R3-CD
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge John W. Rollins

On December 15, 1997, a Coffee County jury convicted Appellant Kim Hickerson of selling less than 0.5 grams of cocaine, a class C felony. After a sentencing hearing on January 23, 1998, the trial court sentenced Appellant as a career offender to a term of fifteen years imprisonment. Appellant challenges both his conviction and his sentence, raising the following issues: 1) whether the evidence was sufficient to support his conviction; 2) whether the State established a proper chain of custody for the cocaine that was introduced into evidence; and 3) whether the Appellant was properly sentenced as a career offender. After a review of the record, we affirm the judgment of the trial court.

Kelvin Lee Young, Jr. v. State of Tennessee
W2001-02824-CCA-R3-PC
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Roy B. Morgan, Jr.

Petitioner was convicted by jury of one count of first degree murder and sentenced to life imprisonment with the possibility of parole. Petitioner filed for post-conviction relief, alleging ineffective assistance of counsel. Petitioner now appeals from the denial of relief from the post-conviction court. We affirm the denial of relief.

State of Tennessee v. Corrie J. Johnson
W2002-00429-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge C. Creed McGinley

The Defendant, Corrie J. Johnson, was convicted by a jury of selling cocaine, a Class C felony. The trial court sentenced the Defendant as a Range II multiple offender to eight years, to be served consecutively to two other sentences, for which the Defendant was on probation. The trial court also revoked the Defendant's probation on the two prior convictions. In this appeal as of right, the Defendant presents three issues: whether the evidence was sufficient to sustain his conviction, whether the trial court erred in its application of enhancing and mitigating factors when deciding the Defendant's sentence, and whether the trial court erred by revoking the Defendant's probation. We affirm the judgment of the trial court.

State of Tennessee v. James M. Powers
E2001-02363-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge E. Shayne Sexton

The Defendant, James M. Powers, appeals as of right from his convictions by a jury of four counts of rape of a child, a Class A felony. After a sentencing hearing, the trial court imposed a sentence of twenty years on each of the four counts and ordered that three of the sentences run consecutively, for an effective sentence of sixty years to be served in the Tennessee Department of Correction. The Defendant argues two issues on appeal: (1) that the evidence presented at trial was insufficient to support his four convictions of child rape, and (2) that the trial court erred by imposing consecutive sentences. We affirm the Defendant's convictions. We reverse the trial court's order that the sentences be served consecutively and remand for the entry of an order reflecting concurrent sentences.