State of Tennessee v. Scott Bradley Price
E2000-00441-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge Mary Beth Leibowitz

The Appellant, Scott Bradley Price, was convicted of child rape, a class A felony, following a Knox County jury trial. The trial court sentenced Price, as a range I offender, to twenty-one (21) years in the Department of Correction. In his sole issue on appeal, Price argues that the trial court erred in the length of sentence because the mitigating factors outweighed the enhancement factors and, therefore, his sentence should have been reduced below the midpoint range of twenty (20) years. After a review of the record, we affirm the sentence of the trial court.

Billy Joe Henderson v. State of Tennessee
E2001-00438-CCA-R3-PC
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge Mary Beth Leibowitz

The Appellant, Billy Joe Henderson, appeals the dismissal of his petition for post-conviction relief without the appointment of counsel and an evidentiary hearing. Henderson is currently serving a life sentence in the Tennessee Department of Correction pursuant to his 1998 conviction for first degree murder. Following a review of the record, we affirm in part and reverse in part the judgment of the post-conviction court dismissing the petition. Because Henderson in part states a "colorable claim," the case is remanded for the appointment of counsel and an evidentiary hearing.

Ricky W. Mcelhaney v. Howard B. Barnwell
E2000-02748-COA-F3-CV
Trial Court Judge: Howell N. Peoples

Ricky McElhaney vs. Howard Barnwell
E2000-02748-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: Howell N. Peoples

Kathie King v. Billy King
M2001-00275-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Jim T. Hamilton
This is an appeal of a divorce proceeding presented to the trial court in an unusual manner, by agreement of all parties and all attorneys. Husband appeals the final judgment, and we affirm in part and reverse in part.

J.D. Landers v. State of Tennessee
M2001-00319-CCA-R3-PC
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Judge Timothy L. Easter

J.D. Landers appeals from the Perry County Circuit Court's denial of his petition for post-conviction relief. He seeks to set aside his conviction and guilty plea because he was not provided the effective assistance of counsel and did not knowingly, voluntarily and intelligently enter his guilty plea. Because the trial court properly dismissed the petition, we affirm.

Oudon Panyananouvong v. State of Tennessee
M2000-03152-CCA-R3-PC
Authoring Judge: Presiding Judge Gary R Wade
Trial Court Judge: Judge J. S. Daniel

The petitioner, Oudon Panyanouvong, appeals from the dismissal of his petition for post-conviction relief. After the appointment of post-conviction counsel,the petitioner expressed dissatisfaction with his attorney and ultimately refused to proceed with the evidentiary hearing. The issue is whether the trial court's summary dismissal was erroneous. Because the petitioner was not afforded the opportunity to proceed pro se and was not specifically admonished of the perils of pro se representation, the judgment of dismissal is reversed and the cause is remanded for further proceedings.

State of Tennessee v. Bobby Vincent Blackmon
M2000-03149-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge Jane W. Wheatcraft

In May of 1993, the Appellant, Bobby Vincent Blackmon, was indicted by a Sumner County grand jury for one count of class A felony possession of cocaine over 300 grams stemming from his involvement in a "reverse sting" drug operation. He was subsequently convicted in February of 1995. In 1998, the Tennessee Supreme Court granted Blackmon a new trial. See State v. Bobby Vincent Blackmon, 984 S.W.2d 589 (Tenn. 1998).

In November of 1999, Blackmon was re-tried and again convicted of the offense of possession with the intent to sell over 300 grams of cocaine. After a sentencing hearing on May 17, 2000, the trial court sentenced Blackmon to thirty-eight years as a Range II offender and ordered his sentence be served consecutive to a prior first-degree murder conviction.

On appeal, the following issues are presented for our review: (1) whether Blackmon was denied effective assistance of counsel at trial; (2) whether the trial court erred by refusing to allow Blackmon to assert an "outrageous government conduct" defense, an entrapment defense and/or an impossibility defense; (3) whether the indictment in this case was fatally defective; and (4) whether the sentence was excessive. After review, we find no reversible error. Accordingly, the judgment of conviction and sentence is affirmed.

State of Tennessee v. Oscar Gomez
M2001-00130-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge Walter C. Kurtz

The Defendant, Oscar Gomez, was convicted by a jury of first degree premeditated murder and theft under five hundred dollars. He was sentenced to life imprisonment for the murder and to a concurrent term of six months for the theft. In this appeal as of right, the Defendant contends that the evidence of premeditated murder is insufficient to support his conviction. We disagree and affirm the judgment of the trial court.

State of Tennessee v. Johnny Lewis
M2000-02809-CCA-R3-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Judge Charles D. Haston, Sr.

The defendant appeals his conviction of violating the motor vehicle habitual offender law. Because we find that his motor vehicle offender status was terminated before he was discovered driving a motor vehicle, we conclude that the convicting evidence was insufficient. We reverse the conviction and dismiss the charge.

Oudon Panyananouvong v. State of Tennessee - Concurring
M2000-03152-CCA-R3-PC
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge J. S. Daniel

I concur in the majority opinion, except I question whether a post-conviction petitioner has a right to self-representation at his or her will. In this respect, I view this court’s statements in Cole v. State, 798 S.W.2d 261, 263 (Tenn. Crim. App. 1990), regarding a common law right to self-representation as dicta; self-representation was certainly not an issue in the appeal.

Sharon Kaye Outten v. Russell Campbell
M2001-00490-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Tom E. Gray

In the Matter of: C.J.S.
M2000-02836-COA-R3-JV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Ben Hall Mcfarlin
A.E.S. is the mother of C.J.S., who has been in foster care for four of his five years. At the State's petition, the trial court terminated these rights based upon A.E.S.'s mental incapacities. A.E.S. appealed this decision arguing that the grounds for termination were not proven by clear and convincing evidence. We affirm the decision of the trial court.

Bryan Hanley v. State of Tennessee
M2000-02182-CCA-R3-PC
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge Timothy L. Easter

The petitioner, Bryan Hanley, was convicted by a jury in the Hickman County Circuit Court of one count of first degree murder and one count of theft of property over $1000. The petitioner was sentenced to life imprisonment in the Tennessee Department of Correction for the murder conviction and to three years incarceration for the theft conviction, with the sentences to run concurrently. Subsequently, the petitioner filed a post-conviction petition alleging the ineffective assistance of counsel. The post-conviction court denied the petition and the petitioner appeals. Upon review of the record and the parties' briefs, we affirm the judgment of the post-conviction court.

State of Tennessee v. Michael T.Meghreblian
M2000-02444-CCA-R3-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Judge Donald P. Harris

The defendant, Michael T. Meghreblian, is serving a seven and one-half year sentence in the Department of Correction as a result of his Williamson County Circuit Court conviction of aggravated assault. On appeal, he complains that the trial court erred (1) in determining the length of his Range II sentence and (2) in denying any form of alternative sentence. Because the record supports the trial court's determinations, we affirm.

Dept. of Children's Svcs. vs. Jeri Layne
M2001-00652-COA-R3-JV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Earlene Y. Speer
This is a termination of parental rights case involving four small children. The parental rights of the biological father, Carl Edward Layne, were terminated after default judgment was entered against him and such termination has not been appealed. The parental rights of the biological mother, Jeri Fay Layne, were terminated by the Juvenile Court of Grundy County after a hearing based upon statutory grounds of abandonment, failure to substantially comply with the permanency plan and persistent, unremedied conditions. Mrs. Layne timely appealed and we affirm the judgment of the Juvenile Court.

Wayne Miles v. Warden, Fred J. Raney
W2001-00718-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge R. Lee Moore Jr.

Petitioner,Wayne Miles, appeals as of right from the trial court's dismissal of his petition for habeas corpus relief. Petitioner argues that he is being illegally detained because his convictions are void. After a thorough review of the record, we affirm the trial court's dismissal of the Petition for Writ of Habeas Corpus.

Martin Walker vs. State
E2001-00629-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Martin Walker, an inmate in the Penal System of this State, filed two separate claims against the State in the amount of $30,000 and $1,000,000, alleging his constitutional rights of equal protection and due process were violated. The State's response contends that the claims he makes are not authorized against the State by T.C.A. 9-8-307(a), and also that both claims are barred by the one-year Statute of Limitations. The Claims Commissioner dismissed his claims and we affirm.

Alfred Bibbins, a/k/a Ed Owens vs. T.R. Gunn
E2001-01070-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Samuel H. Payne
The plaintiff filed a complaint seeking money damages and other relief against the defendant. The complaint alleges that the plaintiff is entitled to the requested relief based on past defamatory statements and anticipated "libelous and slanderous statements that damage plaintiff's reputation." The trial court dismissed the complaint "for lack of proof." We affirm.

Services v. D.G.S.L.
2001-00742-COA-R3-JV
Trial Court Judge: Carey E. Garrett

Ray White v. Regions Financial Corp.
M2000-02957-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: Barbara N. Haynes
In this appeal from the Circuit Court for Davidson County, the Plaintiff/Appellant, F. Ray White, contends that the Trial Court erred in granting the Defendant/Appellee, Regions Financial Corporation, a summary judgment against him with regard to his cause of action for age discrimination under the Tennessee Human Rights Act. We affirm the judgment of the Trial Court and we adjudge costs of appeal against Mr. White and his surety.

Thelia Barrett v. White House Utility District
M2000-02426-COA-R3-CV
Authoring Judge: Judge John A. Turnbull
Trial Court Judge: John D. Wootten, Jr.
This appeal challenges an award of damages made to the plaintiff by the trial judge after a bench trial. Defendant claims the trial judge's finding of causation is contrary to the weight of the evidence, that the damages are excessive and that it was error to award discretionary costs. Plaintiff claims that the award was inadequate. We affirm the trial court in all respects.

State of Tennessee v. Burita A. Winebarger
E2001-00149-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge Phyllis H. Miller

The Defendant, Burita A. Winebarger, was charged in an arrest warrant with the offense of theft of property less than $500.00 in value. She pled guilty to the offense in the General Sessions Court of Sullivan County. The General Sessions Court sentenced her to serve eleven months and twenty-nine days, with all but thirty days suspended. Defendant filed a timely appeal to the Criminal Court of Sullivan County. On the date that the case was set for "announcement" in criminal court, Defendant was approximately one hour late in arriving at court. The criminal court dismissed the appeal for "failure to prosecute" and remanded the case to the General Sessions Court of Sullivan County for "execution of the sentence." The Defendant filed a timely appeal to this court. After a review of the record, and the applicable law, we reverse the judgment of the criminal court and remand for a sentencing hearing de novo.

Ralph Alley, et al vs. Quebecor World Kingsportet al
E2004-01274-COA-R9-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: John K. Wilson
This is an interlocutory appeal from the Trial Court's refusal to dismiss the action on the grounds that federal laws preempt a state action. We reverse and dismiss.

Billy Joe Childress v. Natasha Barnes Currie, et al.
W1999-00471-SC-R11-CV
Authoring Judge: Justice E. Riley Anderson
Trial Court Judge: Joseph H. Walker, III
The issue presented in this case is whether a confidential relationship arises as a matter of law when an unrestricted power of attorney is executed but not exercised. The trial court held that a confidential relationship existed and that the resulting presumption of undue influence could only be rebutted by proof of independent advice to the decedent. Because there was no such proof, the trial court set aside the jury's verdict and found that the will was invalid. On appeal, the Court of Appeals concluded that since the attorney-in-fact was unaware of the power of attorney at the time the decedent executed her will, there was not a confidential relationship between the attorney-in-fact and the decedent and, therefore, no presumption of undue influence. After a thorough review of the record and the relevant authority, we hold that a confidential relationship does not arise as a matter of law when an unrestricted power of attorney is executed without being exercised. Accordingly, the judgment of the Court of Appeals is affirmed.