Derrick Williams v. State of Tennessee
W2001-00450-CCA-R3-PC
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge Arthur T. Bennett

The petitioner, Derrick Williams, pled guilty to three counts of simple robbery, a Class C felony, and one count of aggravated robbery, a Class B felony. The trial court sentenced Petitioner as a Range III persistent offender to fifteen years for each of the simple robbery convictions and twenty-five years for the aggravated robbery conviction, with the sentences to be served concurrently for an effective sentence of twenty-five years. Thereafter, Petitioner filed a pro se petition, with one amendment filed by appointed counsel, for post-conviction relief alleging ineffective assistance of counsel. The post-conviction court denied Petitioner relief, which resulted in this appeal wherein Petitioner claims ineffective assistance of counsel based on the following: (1) counsel failed to argue that the indictment concerning aggravated robbery was insufficient whereas it did not allege an essential element of the offense, i.e., that Petitioner used a deadly weapon to commit the crime; and (2) counsel pressured Petitioner to plead guilty, which coercion caused his plea to be involuntary and, therefore, constitutionally infirm. After a review of the record, we affirm the judgment of the post-conviction court.

Randy D. Vowell v. State of Tennessee
E2000-01300-CCA-R3-PC
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge James B. Scott, Jr.

An Anderson County jury convicted the petitioner, Randy D. Vowell, of one count of rape and one count of aggravated rape. The trial court sentenced the petitioner to serve concurrent sentences of twenty-three years for aggravated rape and eight years for rape as a Range I standard offender. The petitioner filed a new trial motion, which the trial court denied, and the petitioner appealed his conviction to this Court. We affirmed the decision of the lower court, finding that all of the petitioner's claims of error were meritless, with the exception of the petitioner's claim of ineffective assistance of trial counsel, which this court declined to consider because the record on appeal was insufficient to review the petitioner's claim. See State v. Randy D. Vowell, No. 03C01-9709-CC-003383, 1998 WL 573296, at *2 (Tenn. Crim. App. at Knoxville, Sept. 8, 1998). This Court also noted that because the petitioner's claim of ineffective assistance of counsel had not been waived or decided on its merits, it was open to collateral attack. Id. at *2. The petitioner filed a petition seeking post-conviction relief alleging that he received ineffective assistance from his trial counsel, and the post-conviction court denied his petition. The petitioner now brings this appeal, challenging the post-conviction court's denial of his petition. For the following reasons, we affirm the decision of the post-conviction court.

State of Tennessee v. Anthony Dwight Cox
W2000-00644-CCA-R3-CD
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge John Franklin Murchison

The defendant, Anthony Dwight Cox, appeals from his convictions for aggravated rape and aggravated assault, contesting the sufficiency of the evidence. We affirm the judgments of conviction.

State of Tennessee v. Charles Orlando Fields
W2001-00124-CCA-R3-CD
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge William B. Acree

The defendant, Charles Orlando Fields, was indicted for one count of selling one-half gram or more of cocaine within one thousand feet of a school, a Class A felony, and one count of distributing one-half gram or more of cocaine within one thousand feet of a school, a Class A felony. An Obion County Circuit Court jury convicted him of both counts. The trial court merged the distributing cocaine conviction into the selling cocaine conviction and sentenced the defendant as a Range II, multiple offender to thirty-three years in the Tennessee Department of Correction. The defendant appeals, contending that the evidence is insufficient to support his conviction and that his sentence is excessive. We affirm the judgment of the trial court.

State of Tennessee v. John Arron Heard
E2001-00552-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Rebecca J. Stern

The defendant, John Arron Heard, appeals from the judgment of the Hamilton County Criminal Court revoking his community corrections sentence. The sole issue on appeal is whether the trial court abused its discretion in ordering the defendant to serve the remainder of his sentence in the penitentiary. After careful review, we affirm the trial court's judgment.

State of Tennessee v. Angela Bright
E2000-03146-CCA-R3-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Judge D. Kelly Thomas, Jr.

Angela Bright brings this appeal of the Blount County Criminal Court's revocation of her probationary sentence and order placing her Department of Correction sentence into effect. Because the lower court did not abuse its discretion, we affirm.

State of Tennessee v. Anthony D. Bynum
W2001-00111-CCA-R3-CD
Authoring Judge: Presiding Judge Gary R Wade
Trial Court Judge: Judge William B. Acree

The defendant, Anthony D. Bynum, was convicted of possession of anhydrous ammonia, a Class E felony. The trial court sentenced the defendant to three years, one year to be served in the Weakley County Jail and the balance to be served on probation. The defendant was fined $1,000.00. In this appeal of right, the defendant asserts that the evidence was insufficient to support his conviction and that his sentence was excessive. The judgment of the trial court is affirmed.

State of Tennessee v. Danny Munson
W2001-00151-CCA-R9-CD
Authoring Judge: Presiding Judge Gary R Wade
Trial Court Judge: Judge Joseph B. Dailey

This is an interlocutory appeal by the state from an order by the trial court excluding a .20 breathalyzer result from consideration in the imposition of an enhanced sentence for a DUI offense. The order is vacated and the cause is remanded for trial.

State of Tennessee v. Danny Munson - Concurring
W2001-00151-CCA-R9-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge Joseph B. Dailey

I concur with the result reached by the majority and consider this case distinguishable from Scisney. In Scisney, Judge Tipton and I, in separate opinions, concluded an intoximeter reading of .04%, by itself, was insufficient to establish “beyond a reasonable doubt” that the blood alcohol concentration was, in fact, .04%. See State v. Mark T. Scisney, C.C.A. No. 01C01-9605-CC-00209, 1997 WL 634515, at *9-11 (Tenn. Crim. App. Oct. 16, 1997, at Nashville). This was because there was a 25% chance that the actual level was below .04% due to the margin of error. Id.

State of Tennessee v. Ronald Prentice
M2000-02937-CCA-R3-CD
Authoring Judge: Presiding Judge Gary R Wade
Trial Court Judge: Judge Seth W. Norman

The defendant, Ronald Prentice, was convicted of two counts of aggravated assault. The trial court imposed a sentence of four years on each count, with a concurrent one year sentence of incarceration and consecutive sentences of three years probation. In this appeal of right, he argues that the trial court erred (1) by improperly joining the offenses, (2) by excluding testimony regarding his divorce from the victim, and (3) by prohibiting a hypothetical question to an expert witness for the state. The judgment of the trial court in case number 98-D-2523 is affirmed. The judgment of the trial court in case number 99-A-13 is reversed and remanded for a new trial.

State of Tennessee v. Chianti Fuller
M2001-00463-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge William Charles Lee

The Defendant, Chianti Fuller was indicted for four offenses: (1) possession with intent to sell 0.6 grams of cocaine, a schedule II controlled substance, (2) possession with intent to deliver 0.6 grams of cocaine, a schedule II controlled substance, (3) simple possession of marijuana, a schedule VI controlled substance, and (4) possession of drug paraphernalia. The Defendant was convicted by a jury of counts (1) and (2), and pled guilty to counts (3) and (4). The trial court merged count two into count one and sentenced the Defendant to nine years and six months for possession of cocaine with intent to sell. The Defendant was also sentenced to nine months to be served concurrently with his other sentence for each of the two misdemeanor convictions. On appeal, the Defendant contends that (1) the evidence presented at trial was insufficient to support the jury verdict of guilt beyond a reasonable doubt and (2) the sentence was excessive. We affirm the judgment of the trial court.

State of Tennessee v. Courtney L. Johnson
M2000-02991-CCA-R3-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Judge John H. Gasaway, III

The defendant, Courtney L. Johnson, appeals the revocation of her probation by the Montgomery County Circuit Court. On appeal, she challenges the trial court's decision, after revocation, to order her to serve the balance of her effective sentence of approximately ten years in the Tennessee Department of Correction. Because we find no abuse of discretion, we affirm the judgment of the trial court.

Larry N. Wilson v. State of Tennessee
M2001-00022-CCA-R3-PC
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Judge Cheryl A. Blackburn

The post-conviction petitioner, Larry N. Wilson, seeks to set aside his four Davidson County Criminal Court convictions of aggravated robbery and his effective 24-year sentence. The convictions were based on guilty pleas. In his post-conviction proceeding, he posited that the pleas were involuntarily or unknowingly made and that they were the result of the ineffective assistance of counsel. After an evidentiary hearing, the post-conviction court denied relief. Concluding that the record supports that determination, we affirm.

Richard Wilson v. University of Tennessee at Chattanooga
M2000-02573-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: Irvin H. Kilcrease, Jr.
In this appeal from the Chancery Court for Davidson County, Dr. Richard Wilson, the Plaintiff/Appellant, contends that the Chancellor erred in affirming an Administrative Judge's decision that Dr. Wilson engaged in conduct warranting his dismissal as a tenured faculty member at the University of Tennessee at Chattanooga, the Defendant/Appellee, for violation of the University's policy against sexual harassment. We reverse the judgment of the Chancery Court and remand for further proceedings consistent with this opinion. We adjudge costs against the University of Tennessee at Chattanooga.

Lois Miller v. James Miller
M2001-00501-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Muriel Robinson
In this appeal from the Chancery Court for Davidson County Dr. Richard Wilson, the Plaintiff/Appellant, contends that the Chancellor erred in affirming an Administrative Judge's decision that Dr. Wilson engaged in conduct warranting his dismissal as a tenured faculty member at the University of Tennessee at Chattanooga, the Defendant/Appellee, for violation of the University's policy against sexual harassment. We reverse the judgment of the Chancery Court and remand for further proceedings consistent with this opinion. We adjudge costs against the University of Tennessee at Chattanooga.

Michael Douglas Hughes v. State of Tennessee
M2001-00888-CCA-R3-PC
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge Cheryl A. Blackburn

The Defendant, Michael Douglas Hughes, entered a plea of no contest to one count of aggravated rape, and a plea of guilty to ten counts of aggravated rape, on November 30, 1992. On March 4, 1993, a sentencing hearing was held and the Defendant was sentenced for these crimes to an aggregate term of eighty years. The Defendant's trial counsel failed to timely perfect the Defendant's appeal, and on June 30, 1995, the Defendant filed a petition for post-conviction relief, seeking a delayed appeal. The delayed appeal was granted and this Court affirmed the Defendant's sentence. See State v. Michael Douglas Hughes, No. 01C01-9701-CR-00021, 1998 WL 301730, at *1 (Tenn. Crim. App., Nashville, June 10, 1998). The Tennessee Supreme Court denied the Defendant's application for permission to appeal on February 22, 1999. The Defendant filed the present petition for post-conviction relief on August 25, 1999, alleging ineffective assistance of counsel at his plea, sentencing, and on appeal; that his guilty plea is invalid because it was not made voluntarily, understandingly, and knowingly; and that the length of his sentence constitutes cruel and unusual punishment. The trial court dismissed the present petition on the grounds that it was not timely filed, that the grounds for relief have been waived, and that it does not contain grounds sufficient to constitute a motion to reopen the previous petition. The Defendant now appeals as of right. We reverse the trial court's ruling and remand this matter for an evidentiary hearing.

David Pitts v. Floyd Blackwell
M2000-01733-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Floyd Don Davis
This appeal involves the decision of a probate court to approve the amended first and final accounting of a conservatorship and award attorney's fees for the conservator's defense of the accounting. The conservator, owner of a funeral home, conducted a $26,367.75 funeral for the conservatee. An interested party objected to approval of the funeral expenses and a hearing was held. The probate court ordered the conservator to return the proceeds from a prepaid burial life insurance policy to the estate, but confirmed the accounting in all other respects. For the following reasons, we affirm in part, reverse in part, vacate in part and remand for further proceedings.

Ishaaq (aka Alonzo Stewart) v. Dept. of Correction, et al.
M2000-01957-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Carol L. Mccoy
Ishaaq, a prisoner in the Department of Corrections serving a combined 130 year sentence for Class X felonies committed prior to July 1, 1982, seeks to rescind a waiver by which he chose, in 1987, to gain the sentence reduction credit benefits applicable to him under Tennessee Code Annotated section 41-21-236. He seeks to rescind the waiver under the belief that he would thereby become eligible for mandatory parole. The trial judge dismissed his complaint, and we affirm the action of the trial court.

State of Tennessee v. Donavan Edward Daniel
W2000-00981-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge William B. Acree

After a jury trial, the defendant, a juvenile at the time of the offenses, was convicted of six counts arising out of the shooting deaths of two victims. The jury sentenced him to life in prison for Count One, first degree premeditated murder of the first victim, and for Count Two, first degree felony murder of the first victim based upon robbery of the first victim. The jury sentenced him to life in prison without the possibility of parole for Count Three, first degree felony murder of the second victim based upon premeditated murder of the first victim, and for Count Four, first degree felony murder of the second victim based upon robbery of the first victim. The trial court merged the conviction for Count Two into Count One, and the conviction for Count Four into Count Three. The trial court sentenced the defendant to twenty (20) years for Count Five, especially aggravated robbery, one (1) year for Count Six, possession of marijuana with intent to resell, and ordered the sentences to be served concurrently. On appeal, the defendant challenges the trial court's denial of his motion to suppress and his request for a state-funded mitigation expert, as well as the sufficiency of the evidence to support his convictions for first-degree murder. After careful review of the record, we hold that the trial court did not err in failing to suppress the defendant's statements. Further, we hold that although the defendant's status as a non-capital defendant did not preclude him from receiving state-funded expert services, our de novo review of the record reveals that the defendant failed to make the required showing of a particularized need for a mitigation expert. Therefore, the trial court's denial of the defendant's request for such services was correct. Finally, we hold the evidence is sufficient to sustain the defendant's convictions for premeditated and felony murder in the first degree. Accordingly, we affirm the judgments of the trial court.

State of Tennessee v. Tony D. Johnson
W2001-00026-CC-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge Chris B. Craft

The Defendant, Tony D. Johnson, was convicted by a Shelby County jury of felony possession of cocaine with intent to sell. After a sentencing hearing, the Defendant was sentenced to ten years as a Range I standard offender. In this appeal as of right, the Defendant contends that (1) the evidence presented at trial is insufficient to support the jury’s verdict of guilty beyond a reasonable doubt and (2) the trial court erred in imposing a ten year sentence. We affirm the judgment of the trial court.

State of Tennessee v. Ronald Dotson
W2000-03115-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Joseph B. Dailey

A Shelby County jury convicted the Defendant of aggravated robbery, and the trial court sentenced him as a repeat violent offender to life imprisonment. In this appeal as of right, the Defendant argues (1) that insufficient evidence of his identity as the perpetrator was presented at trial and (2) that there was a material variance between the indictment and the proof at trial. Having reviewed the record, we conclude (1) that sufficient evidence was presented to support the Defendant's conviction and (2) that a variance between the indictment and the proof at trial existed, but that the variance did not affect the substantial rights of the Defendant and thus was not fatal. We therefore affirm the judgment of the trial court.

Washshukru Al-Jabbar vs. State
W2001-02049-COA-R3-CV
Authoring Judge: Judge David R. Farmer
This is an appeal from an order of the Claims Commission granting summary judgment in favor of the Defendant. The claim was brought by an inmate in the custody of the Tennessee Department of Correction claiming that employees of the Department lost two pages of pleadings he filed in an action in circuit court.

State Children Serv. vs. Donald Grant
W2001-01934-COA-R3-JV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Christy R. Little
This case involves the termination of parental rights. The child was voluntarily placed in the custody of the Department of Children's Services in April 1996 due to the parents' substance abuse. A petition was filed to terminate the parental rights of both parents. The mother's parental rights were terminated by default, but the petition was dismissed as to the father. The trial court then ordered visitation and child support. The father stopped making visits after two months and failed to pay any child support. A second petition to terminate the father's parental rights was filed on the grounds, inter alia, of abandonment and that the conditions which led to the child's removal persisted and were unlikely to be remedied. The trial court granted the petition to terminate parental rights and the father appeals. We affirm, finding clear and convincing evidence to support the termination of the father's parental rights.

Candace Fleck vs. Cooper Realty
W2001-00465-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: D'Army Bailey
Plaintiff allegedly sustained injuries at Mid Memphis Tower Building when she exited an elevator which failed to level. She and her husband sued the building's management company and the company that owns the manufacturer of the elevator. The suit against the elevator company alleges that the company was negligent "by failing to insure that the elevator in question was properly inspected, maintained, and repaired." The elevator company's interrogatories, inter alia, requested the identity of any expert witness the plaintiffs planned to use at trial. Plaintiffs answered this interrogatory in December, 1998: "Plaintiffs have not identified such individuals at this time." The interrogatories were never supplemented, and the case was set for trial on December 1, 1999. In October, 1999, the elevator company filed a motion for summary judgment on the ground that the lack of an expert witness prevented plaintiffs from proving essential elements of the case. Plaintiffs were granted additional time within which to obtain an expert witness and subsequently announced that plaintiffs did not intend to have an expert witness. The trial court granted summary judgment to the elevator company. Subsequently, the building's management company settled its case and upon dismissal of that suit, the grant of summary judgment became final. Plaintiff-wife appealed. We reverse.

Angela Phillips vs. William Phillips
W2001-01685-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Daniel L. Smith
This appeal arises from a divorce proceeding wherein the parties had two minor children. While the divorce was pending, the trial court issued a temporary order outlining the custodial rights of the parties with respect to their children. The final decree of divorce adopted a permanent parenting plan and distributed the marital property and debts. The husband filed this appeal contesting the permanent parenting plan and the manner in which the marital debts were apportioned. For the following reasons, we affirm the decision of the trial court