Eric Wallace v. State of Tennessee
W2000-02854-CCA-R3-CD
Authoring Judge: Presiding Judge Gary R. Wade
Trial Court Judge: Judge W. Otis Higgs, Jr.

The petitioner, Eric Wallace, appeals the trial court's denial of his petition for post-conviction relief. The issues presented for review are (1) whether the petitioner received effective assistance of counsel; (2) whether the petitioner was denied the right to a speedy trial; and (3) whether the state used improper impeachment evidence. Because the evidence does not preponderate against the findings of the trial court, the order denying post-conviction relief is affirmed.

Margaret Parker vs. Kroger Co.
W2001-01977-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: James F. Russell
Plaintiff, a Tennessee resident, slipped and fell in a Kroger store in Texas. Plaintiff sued defendant in Shelby County Circuit Court, and the parties agreed that Texas law was applicable. The trial court granted summary judgment for defendant, and plaintiff appeals. We reverse and remand.

Dept. of Children Serv. vs. Davina Frazier
W2001-01935-COA-R3-JV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Christy R. Little
Minor child was removed from mother's custody because mother neglected to provide child with proper medical care and treatment. Mother entered into a permanency plan and child was temporarily placed with a family member. The trial court terminated mother's parental rights to the child, finding clear and convincing evidence that: (1) mother had not substantially complied with the conditions of the permanency plan; (2) there was little likelihood that the conditions leading to child's removal would be remedied in the near future, and that the continuation of the parent-child relationship would greatly diminish the child's chances of early integration into a safe, stable and permanent home. Mother has appealed. We affirm

Judith Steele vs. Columbia Health Care
W2001-01692-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: William B. Acree
This is a medical malpractice case. Plaintiff's husband, Mr. Steele, arrived at Defendant's emergency room complaining of chest pains. An EKG illustrated that he was suffering a heart attack. Mr. Steele underwent subsequent treatments and an additional EKG. The second EKG was abnormal, and Dr. Urankar, a physician at Defendant's emergency room decided to administer tPA, a "clot busting" drug. While Dr. Urankar was preparing to administer the tPA, Mr. Steele's condition significantly worsened, and he eventually died. At trial, Plaintiff introduced expert testimony from Dr. Carr regarding the applicable standard of care and causation. Defendant objected to portions of Dr. Carr's testimony. The jury awarded Plaintiff damages, and Defendant appeals, citing error in Dr. Carr's testimony. We affirm the decision of the trial court.

State of Tennessee v. Kathryn Lee Adler
W2001-00951-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge Jon Kerry Blackwood
The Fayette County Grand Jury returned an indictment against the defendant alleging one count of aggravated child neglect and a second count of aggravated child abuse. A jury convicted the defendant of the indicted charge of aggravated child neglect and the lesser-included offense of felony child abuse. The trial court sentenced the defendant to concurrent sentences of twenty years and two years, respectively. In this appeal, the defendant alleges (1) the evidence is insufficient to support the conviction for aggravated child neglect; (2) the applicable child abuse/neglect statutes are unconstitutionally vague and overbroad; (3) the trial court erred by refusing to charge reckless endangerment as a lesser-included offense of aggravated child neglect; and (4) the defendant's sentence is excessive. After a thorough review of the record, we find no reversible error and affirm the judgment of the trial court.

Trent Marcus vs. Lorraine Marcus
W2001-00906-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: George H. Brown
This case involves a petition to enroll a foreign judgment. The parties were married in Tennessee and later moved to North Carolina. While living in North Carolina, the parties separated and the husband filed for divorce in North Carolina. The wife filed a counterclaim for divorce in North Carolina, seeking permanent and pendente lite alimony. The North Carolina court ordered the husband to pay pendente lite alimony. While the North Carolina proceedings were pending, husband moved to Arkansas and obtained a divorce in Arkansas. In light of the Arkansas divorce, the wife filed a voluntary dismissal of her North Carolina counterclaim. The husband then filed a motion in North Carolina under a North Carolina statute, seeking reimbursement of the pendente lite alimony he had paid to the wife. The North Carolina court entered a judgment ordering the wife to reimburse the husband for the alimony payments. The wife did not file an appeal in North Carolina. The husband then filed a petition to enroll the North Carolina judgment in Tennessee. The Tennessee trial court enrolled the North Carolina judgment. The wife now appeals. We affirm, finding that the North Carolina court had subject matter jurisdiction under its statutes to enter the judgment and that the North Carolina judgment was not contrary to Tennessee public policy.

Lorenzo Childress Jr. vs. Union Realty
W2001-01742-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: George H. Brown
Plaintiff lessee in this case sued defendant landlord for damages associated with loss of personal property, interruption of business, and lost profits which resulted from the collapse of a roof and flooding of plaintiff's leased medical offices. The jury awarded plaintiff $168,000.00 in damages. Defendant appeals, arguing that this is, in effect, a subrogation suit by plaintiff's insurance carrier. We find no evidence that this is a subrogation suit and affirm judgment for plaintiff.

Margaret Parker v. The Kroger Company
W2002-02279-COA-RM-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: James F. Russell

Margaret Parker v. The Kroger Company
W2002-02279-COA-RM-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: James F. Russell

Mechanic's Laundry vs. Auto Glass
W2001-01113-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: George H. Brown
In this breach of contract case, defendant corporation denies liability under the contract because defendant's employee who signed the contract, ostensibly on behalf of the corporation, had no authority to do so. Plaintiff contends that the person signing the contract had apparent authority to act for the corporation. The trial court granted summary judgment to the plaintiff. Defendant appeals. We vacate, render, and remand.

State of Tennessee v. Otis Campbell
W2001-01121-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Donald H. Allen

The defendant, Otis Campbell, was convicted of two misdemeanor counts of a three-count indictment and sentenced to eleven months and twenty-nine days for possession of cocaine and possession of marijuana. The trial court ordered that the sentences be served consecutively to each other as well as to two other sentences for which he had earlier been placed into the community corrections program. He timely appealed, presenting as his sole argument the claim that the trial court erred in ordering that all of the sentences be served consecutively. We affirm the judgments of the trial court.

Anthony Doty vs. Patrick Whalen
W2001-01854-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Dewey C. Whitenton
Petitioner-inmate filed a petition for writ of mandamus to require the defendants, prison warden and other officials, to restore visitation privileges of the plaintiff's girlfriend and to expunge from the prison records all references to the revocation of the visitation privileges and to the alleged sexual misconduct that precipitated the revocation. After a nonjury trial, the trial court entered an order of dismissal. Plaintiff has appealed. We affirm as modified and remand for further proceedings.

State of Tennessee v. Paul Payne, Jr.
W2001-00216-CCA-R3-CD
Authoring Judge: Presiding Judge Gary R Wade
Trial Court Judge: Judge Joseph H. Walker, III

The defendant, Paul Payne, Jr., was convicted in a bench trial of driving under the influence of an intoxicant. The trial court imposed a sentence of 11 months and 29 days and suspended all but 48 hours. The defendant was fined $350.00. In this appeal of right, the defendant complains that the stop of his vehicle was unlawful, that the evidence at trial was insufficient, and that there was no reasonable basis for the administration of the blood alcohol test. The judgment is affirmed.

State of Tennessee v. Jeannie Hudson
E2001-00377-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Rex Henry Ogle

After pleading guilty to aggravated assault and receiving a sentence of split confinement of three years with nine months to be served day-for-day, defendant appeals her sentence. She requests full probation or allowance of good conduct credits while serving the incarceration portion of her sentence. We affirm the denial of full probation and reverse that portion of the sentence that provides day-for-day service. We hold that a defendant sentenced to the county jail for less than one year is entitled to earn good conduct credits pursuant to Tennessee Code Annotated section 41-2-111(b).

Camila Ray v. State of Tennessee
E2001-01189-CCA-R3-PC
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge Ray L. Jenkins

The petitioner appeals from the Knox County Criminal Court's denying her post-conviction relief from her especially aggravated robbery and especially aggravated kidnaping convictions and resulting concurrent fifteen-year sentences that she received in 2000 based upon her pleas of guilty. She contends that her guilty pleas resulted from the ineffective assistance of counsel in that counsel misadvised her about the percentage of her sentence that she would have to serve in confinement. We affirm the trial court's denial of relief.

State of Tennessee v. Kenneth England
E2001-01253-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge E. Shayne Sexton

The Defendant pled guilty to three counts of retaliation for past action, a Class E felony, and the trial court sentenced him to four years on community corrections. Three separate violation warrants were subsequently issued against the Defendant. Following a revocation hearing, the trial court revoked the Defendant’s placement on community corrections and ordered that the Defendant serve his original sentence in the Tennessee Department of Correction. The Defendant now appeals, arguing that the trial court erred in revoking his community corrections sentence and ordering him to serve his sentence in confinement. Finding no error, we affirm the judgment of the trial court.

Kenneth R. Griffin v. State of Tennessee
E2001-01932-CCA-R3-PC
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge Lynn W. Brown

Petitioner, Kenneth R. Griffin, appeals from the trial court's summary dismissal of his petition for post-conviction relief. Pursuant to Tennessee Code Annotated section 40-30-206, the trial court entered an order dismissing the petition without an evidentiary hearing. In its order, the trial court made a finding of fact that the petition contained no verification of any facts under oath. Since the petition was devoid of verified facts upon which the trial court could grant relief, it concluded that a dismissal was required. On appeal, the State agrees with Petitioner that the trial court's judgment should be reversed. After a thorough review of the record, we reverse the judgment of the trial court and remand this case for further proceedings.

James Gunter v. Tim Emerton
M2001-00364-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: John J. Maddux
In this action against a police officer for invasion of privacy by placing the plaintiff in false light the trial court granted summary judgment to the defendant. On appeal, the plaintiff claims that the trial judge erred by granting summary judgment on a defense not raised by the defendant. We affirm.

Perr Y M Ar Ch v. Law Renc E Levine,
M2000-02955-COA-R3-CV
Trial Court Judge: Frank G. Clement, Jr.

M2000-03214-COA-R3-JV
M2000-03214-COA-R3-JV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Betty Adams Green

Betty Louise Moss v. Findlay Industries, Inc.
M2000-02632-WC-R3-CV
Authoring Judge: William H. Inman, Sr. J.
Trial Court Judge: Charles D. Haston, Judge
The trial court awarded benefits for vocational impairment of 55 percent to each of the plaintiff's arms. The defendant insists that the award is excessive, because the anatomical rating was only 1 percent, as a result of carpal tunnel release. The judgment is affirmed.

Clint Lowe v. Wal-Mart Stores, Inc.
M2001-00513-WC-R3-CV
Authoring Judge: William H. Inman, Sr. J.
Trial Court Judge: Ellen Hobbs Lyle, Chancellor
After being informed by his employer that he could see no more physicians, the plaintiff nevertheless sought additional treatment for a neck injury which resulted in a surgical correction. The trial judgment ordered these unauthorized expenses to be paid by the employer. We affirm.

Southwest Williamson County Community Assoc. v. J. Bruce Saltsman
M2001-00654-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Irvin H. Kilcrease, Jr.
A group of Williamson County residents whose property was threatened by highway construction filed a Petition for a Declaratory Order against the Tennessee Department of Transportation. They argued that the Department violated the statute that authorized the project by not complying with the environmental standards for construction of an interstate highway. The Administrative Law Judge denied the petition, and the trial court affirmed the ALJ. We affirm the trial court.

State of Tennessee v. Greg Stewart
M2001-01056-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge John W. Rollins

Pursuant to a bench trial, the appellant, Greg Stewart, was convicted of two counts of simple possession of a controlled substance. The trial court sentenced the appellant to two concurrent terms of eleven months and twenty-nine days incarceration in the Coffee County Jail. On appeal, the appellant contests the trial court's denial of his motion to suppress the drug evidence due to the lack of proper consent to the search. Upon review of the record and the parties' briefs, we affirm the judgment of the trial court.

Nashville Sash & Door . v. TriStar Builders
M2001-01160-COA-R3-CV
Authoring Judge: Chancellor Jeffrey F. Stewart
Trial Court Judge: Walter C. Kurtz
In this case Nashville Sash and Door, Inc. sued Tristar Builders, Inc. and its two stockholders, Robert J. Ivy and Richard L. Cammeron on a debt arising from credit extended under an application of credit. At the conclusion of the plaintiff's proof the trial judge granted the defendants motion under Rule 41 of the Tennessee Rules of Civil Procedure and dismissed the complaint. Nashville Sash and Door, Inc. has appealed that decision. We affirm the Trial Court.