State of Tennessee v. Kathy Jane Giles
W2001-01468-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge Julian P. Guinn

The Appellant, Kathy Jane Giles, was convicted by a Henry County jury of DUI, unlawful possession of a weapon, possession of drug paraphernalia, and four counts of felony possession of a controlled substance with the intent to deliver or sell. For these convictions, Giles received an effective three-year Community Corrections sentence with one year to be served in confinement. On appeal, Giles raises the following issues for our review: (1) whether the evidence presented at trial was sufficient to support the convictions; and (2) whether she received ineffective assistance of counsel at trial. After review, we find no error and affirm the judgment.

State of Tennessee v. Randy G. McDaniel
W2001-01501-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Julian P. Guinn

The defendant entered pleas of guilty to two counts of manufacturing a Schedule II controlled substance and was sentenced to concurrent three-year sentences. The trial court further ordered that the defendant have split confinement, with supervised probation after serving one year in the Tennessee Department of Correction. The defendant appeals this sentence, arguing that he should be eligible for parole after service of 30% of the sentence, that his sentence should be served at the county workhouse, and that he should receive sentence credits. We affirm the judgment of the trial court.

State of Tennessee v. Rodney K. Moore
W2001-01664-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge Chris B. Craft

The Appellant, Rodney K. Moore, was convicted by a Shelby County jury of sale of cocaine less than .5 grams, a class C felony. Moore was sentenced as a Range II offender, to ten years in the Department of Correction. He now appeals his conviction and sentence, raising the following issues for our review: (1) whether there was sufficient evidence presented at trial to support the conviction; (2) whether there was cumulative error sufficient to justify a new trial; and (3) whether the trial court erred by sentencing Moore to serve the maximum sentence within his range. After review, we find no error and affirm the judgment.

State of Tennessee v. Earl Stanley Williams
E2001-01675-CCA-R3-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Judge James B. Scott, Jr.
The state appeals from the Anderson County Criminal Court's dismissal of its petition alleging Earl Stanley Williams to be a motor vehicle habitual offender. Because we hold that the lower court improperly dismissed the petition, we reverse the dismissal, reinstate the petition, and remand for further proceedings.

State of Tennessee v. Nathan Scott Potter
E2001-01760-CCA-R3-CD
Authoring Judge: Presiding Judge Gary R Wade
Trial Court Judge: Judge Phyllis H. Miller
The defendant, Nathan Scott Potter, was convicted as a habitual offender under the Motor Vehicle Habitual Offenders Act. See Tenn. Code Ann. §§ 55-10-601 to 618. In this appeal of right, the defendant argues that the petition should have been dismissed for failure to comply with the Tennessee Rules of Civil Procedure. The judgment is affirmed.

Helen L. Sizemore v. Quebecor Printing, Inc.
E2000-02624-WC-R3-CV
Authoring Judge: Thayer, Sp. J.
Trial Court Judge: Ben K. Wexler, Circuit Judge
The trial court awarded the employee 39 percent permanent partial disability to the body as a whole. The employer appealed insisting the employee's condition was not work-related. Judgment of the trial court is affirmed.

Robertson County Board of Education v. Karen Knight
M2001-00516-WC-R3-CV
Authoring Judge: Howell N. Peoples, Special Judge
Trial Court Judge: John Gasaway, III, Circuit Judge
The employer appeals an award of 5 percent disability to the body as a whole as excessive, and an award of past and future chiropractic expenses as unauthorized. We modify the judgment below to award 4 percent disability to the body as a whole.

Sandra K. Houston v. Virty Houston
W2002-02022-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Joe C. Morris

State of Tennessee v. Johnny E. Garrett
M2001-00540-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge Leon C. Burns, Jr.

An Overton County jury convicted the defendant of possession of cocaine for resale, simple possession of marijuana, and possession of drug paraphernalia. In this appeal, he contends the search warrant was improperly issued, and the trial court erred by not ordering the state to disclose the identity of the confidential informant. For the reasons set forth below, we affirm the judgment of the trial court.

State of Tennessee v. Christopher D. Neighbors
M2000-02594-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge J. Randall Wyatt, Jr.

The appellant, Christopher D. Neighbours, was convicted by a jury of one count of first degree murder committed in the perpetration of a felony, namely kidnapping, and one count of especially aggravated kidnapping. The appellant received a total effective sentence of life plus twenty-five years incarceration in the Tennessee Department of Correction. On appeal, the appellant challenges the sufficiency of the evidence supporting his convictions of both offenses. Upon review of the record and the parties' briefs, we affirm the judgments of the trial court.

State of Tennessee v. Kendrick Jermaine Merritt
M2000-02363-CCA-R3-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Judge J. Randall Wyatt, Jr.

Kendrick Jermaine Merritt appeals from his Davidson County conviction of second degree murder for the killing of Julia Lynn Baskette. He claims on appeal that the evidence at trial supports a guilty verdict of no offense greater than voluntary manslaughter and that the trial court excessively sentenced him to a maximum, 25-year term of incarceration. Because we disagree in both respects, we affirm.

State of Tennessee v. Archie Junior Weatherford
M2001-02138-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge Jane W. Wheatcraft

Defendant, Archie Junior Weatherford, appeals the Sumner County Criminal Court's revocation of his probationary sentence. Following a review of the record, we affirm the judgment of the trial court.

State of Tennessee v. Randall White - Order
M2000-01492-CCA-R3-CD
Authoring Judge: Judge Jerry L. Smith
Following a dispute over rent the appellant shot his unarmed roommate with a .22 caliber rifle. As a result of this act the appellant was indicted for attempted first degree murder. At the appellant's trial, the judge instructed the jury on attempted first degree murder, attempted second degree murder and attempted voluntary manslaughter. The jury returned a verdict of guilty for attempted second degree murder. The appellant was sentenced to serve ten years in incarceration as a standard Range I offender.

Danny Alvis vs. Manfred Steinhagen
W2001-00940-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Kay S. Robilio
This appeal arises from a claim filed by the Appellee against the Appellant in the General Sessions Court of Shelby County. The claim alleged that the Appellee was entitled to rescission, reformation, and/or damages proximately caused by the Appellant's breach of contract, breach of warranty, fraud, misrepresentations, violations of the Tennessee Consumer Protection Act, and/or unjust enrichment. Following a trial, the general sessions court rendered a verdict in favor of the Appellee. The Appellant appealed the decision to the Circuit Court of Shelby County. Following a trial in the circuit court, the circuit court rendered a verdict in favor of the Appellee and ordered the Appellant to pay discretionary costs.

State of Tennessee v. William Garrett
W2001-00963-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge Chris B. Craft

The appellant was convicted by a jury in the Shelby County Criminal Court of aggravated assault.  The trial court imposed a sentence of thirteen years incarceration in the Tennessee Department of Correction. On appeal, the appellant contends that the evidence is not sufficient to support his conviction. After review of the record and the parties’ briefs, we affirm the judgment of the trial court.

State of Tennessee v. Dennis V. Morgan
W2001-00125-CCA-R3-CD
Authoring Judge: Presiding Judge Gary R Wade
Trial Court Judge: Judge John P. Colton, Jr.
The defendant, Dennis V. Morgan, was convicted of second degree murder. The trial court imposed a Range I sentence of seventeen years. In this appeal of right, the defendant asserts that the trial court erred in its instruction on self-defense. The judgment of the trial court is reversed and the cause is remanded for a new trial.

State of Tennessee v. Dennis Morgan - Dissenting
W2001-00125-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge John P. Colton, Jr.
I am unable to join with the majority’s holding that the jury instructions as submitted “deprived the defendant of right to present a defense.” First, I find the defendant to be the beneficiary of a gratuitous self-defense instruction based upon the proof introduced at trial. Not every cry of fear from a defendant justifies an instruction on self-defense. The test for determining whether the defense should be instructed is an objective one, not subjective. State v. Bult, 989 S.W.2d 730, 732 (Tenn. Crim. App. 1998). Nonetheless, even assuming the instruction was warranted, I find that the error did not infringe upon the defendant’s constitutional right to present a defense, as the majority finds, because the trial court submitted to the jury a self-defense instruction. The question, I believe, is whether omission of the single word “attempted” from the self-defense instruction, when viewed within the entire context of the instruction, was confusing,misleading, or prejudicial. State v. Hodges, 944 S.W.2d 346, 351-52 (Tenn. 1997); State v. Bonam, 7 S.W.3d 87, 89-90 (Tenn. Crim. App. 1999). Because I find that the error did not affect the result of the trial on its merits, I find the error harmless. See Tenn. R. Crim. P. 52(a).

State of Tennessee v. Darryl Lee Elkins
E2001-01245-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge R. Jerry Beck

Defendant, Darryl Lee Elkins, was convicted by a Sullivan County jury of child rape, a Class A felony, and attempted child rape, a Class B felony. Defendant received consecutive sentences of twenty-five years for the Class A felony, and twelve years for the Class B felony. On appeal, Defendant challenges the sufficiency of the evidence to sustain the convictions, arguing that his convictions should be reversed because the “jury improperly accredited the victim’s testimony who committed perjury at trial.” After a thorough review of the record, we affirm the judgments.

State of Tennessee v. Darryl Lee Elkins - Concurring and Dissenting
E2001-01245-CCA-R3-CD
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge R. Jerry Beck

I concur in the majority opinion regarding the child rape conviction. I respectfully disagree regarding the attempted rape conviction. I believe the evidence is insufficient to convict the defendant of any offense above a Class B misdemeanor assault.

Latasha Whittington-Barrett vs. Jerry Hayes
E2001-01277-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: G. Richard Johnson
LaTasha Marie Whittington-Barrett ("Plaintiff"), who is currently incarcerated by the State of Tennessee, filed a petition seeking a copy of Plaintiff's medical and psychiatric records. As grounds for the petition, Plaintiff cited a Tennessee Department of Corrections rule which requires a court order before TDOC will release copies of the inmate's health records directly to the inmate. The defendants, prison Health Administrator Jerry Hayes and prison Mental Health Psychological Examiner David Dobbins ("Defendants"), filed a Motion to Dismiss or for Summary Judgment. The Trial Court granted Defendants summary judgment. Plaintiff appeals. We vacate the summary judgment and remand.

State of Tennessee v. Timothy Scott Barnes, David Grooms, and Richard Grooms
E2001-01390-CCA-R3-CD
Authoring Judge: Presiding Judge Gary R Wade
Trial Court Judge: Judge Ben W. Hooper, II

The defendants, Timothy Scott Barnes, David Grooms, and Richard Grooms, were convicted of attempted burglary, a Class E felony. The trial court imposed Range I sentences as follows: Timothy Scott Barnes, one year, three months; David Grooms, one year, six months; and Richard Grooms, one year, six months. In this appeal of right, the defendants challenge the sufficiency of the evidence. The judgments are affirmed.

State of Tennessee v. Christopher Tyce Hamblin
E2000-02804-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge E. Shayne Sexton

The defendant pled guilty to aggravated assault and was sentenced as a multiple Range II offender. He appeals his sentence of nine years and requests an alternative sentence of probation or community corrections. Based upon our review, we conclude that the trial court misapplied enhancement factor (11) and failed to consider two relevant mitigating factors. Furthermore, the trial court did not make findings as to how the enhancement factors were weighed to determine the appropriate sentence. We conclude, however, that the trial court's sentence of nine (9) years is appropriate based upon the defendant's lengthy history of criminal behavior. Furthermore, the defendant is not entitled to an alternative sentence because the length of his sentence exceeds eight years.

State of Tennessee v. Charles T. Sebree - Order
M2000-02810-CCA-R3-CD
Authoring Judge: Judge Jerry L. Smith
The appellant was convicted upon pleas of guilty of the offenses of aggravated burglary, aggravated assault, and theft of property valued under $500. He received a sentence of five years for aggravated burglary consecutive to a sentence of five years for aggravated assault. A sentence of eleven months and twenty-nine days was ordered served concurrently with the five year sentences. In this appeal, he maintains that his five-year sentence should be reduced to three years because the trial judge failed to consider the testimony of his girlfriend in mitigation.

Minnie Long v. HCA Health Svcs dba Southern Hills Medical Center
M2001-00505-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Marietta M. Shipley
This appeal involves a personal injury sustained by the plaintiff while a patient at defendant's nursing home facility. The plaintiff filed suit against the defendant for negligence and the case proceeded to trial before a jury. During the trial, the defendant filed several motions for a directed verdict, which were denied. The trial resulted in a hung jury and the court was forced to declare a mistrial. Before the second trial, the defendant renewed its motion for directed verdict. The court ruled that the plaintiff's cause of action should be considered a claim for medical malpractice, but that the plaintiff made out a prima facie case. The plaintiff voluntarily dismissed the suit before the second trial took place and the defendant motioned the court for discretionary costs. The court awarded the defendant only some of the requested costs and this appeal followed. For the following reasons, we affirm the decisions of the trial court to deny defendant's last motion for a directed verdict and to award only partial discretionary costs.

State of Tennessee v. Brian Leiderman
M2001-01590-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Buddy D. Perry

The defendant was convicted in January 2001 of aggravated assault and sentenced to four years in community corrections. Subsequently, while confined in the Grundy County Jail, he was charged with assaulting another inmate, which generated a probation revocation warrant. Following a hearing, the court revoked the community corrections sentence and ordered that he serve the sentence imposed for his aggravated assault conviction. He appealed the revocation, arguing that the evidence was insufficient to justify it and that his due process rights were violated because the trial court did not provide in its revocation order a written statement as to the evidence relied upon. We affirm the judgment of the trial court.