Michael E. Waldron v. State of Tennessee
M2000-00772-CCA-R3-PC
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Cheryl A. Blackburn

The petitioner appeals the denial of his petition for post-conviction relief. Having been indicted by a Davidson County Grand Jury on three counts of rape of a child and one count of aggravated sexual battery, the petitioner pled guilty to two counts of rape of a child, a Class A felony, and the remaining counts were dismissed. In this appeal, petitioner raises three issues: (1) whether he received effective assistance of counsel; (2) whether the State and the trial court should have requested forensic psychological evaluation of the petitioner and a competency hearing; and (3) whether his plea was constitutionally valid. The judgment of the post-conviction court is affirmed.

Ruth Marie Holland (Beddingfield) v. Maybron Hayes Holland, Jr.
M1999-02791-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Judge Jim T. Hamilton

This appeal stems from a divorced couple's decision to modify the terms of an agreed order regarding the payment of their marital debt. Almost six years after the parties were divorced in the Chancery Court for Maury County, the husband agreed to release the wife from her obligation to pay a portion of the marital debt in return for her agreement to use her credit to help him purchase a new truck. After the wife repossessed the husband's new truck, the husband requested the trial court to enforce the original agreed order. The trial court determined that the original agreed order remained valid and awarded the husband $18,944 representing the payments the wife should have made under the agreed order. The wife asserts on this appeal that the parties' agreement to modify the agreed order was valid and that she had performed her obligations under the agreement. We agree and, accordingly, reverse the judgment for the husband and direct the trial court to enter an order releasing the wife from her obligation under the agreed order.

State of Tennessee v. Ronald Haynes
M2000-00204-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Seth W. Norman

The defendant was indicted by a Davidson County Grand Jury for especially aggravated robbery and attempted first degree murder. Following a two-day jury trial, the defendant was found guilty of especially aggravated robbery, a Class A felony, and attempted second degree murder, a Class B felony. A sentencing hearing was held on September 29, 1999, at the conclusion of which the trial court sentenced the defendant as a Range I offender to twenty-one years at 100% for the especially aggravated robbery conviction and ten years for the attempted second degree murder conviction. The sentences were ordered served concurrently in the Tennessee Department of Correction. In this appeal as of right, the defendant presents three issues for our review: (1) whether the evidence is sufficient to support his convictions for especially aggravated robbery and attempted second degree murder; (2) whether the trial court erred in failing to charge the jury on certain lesser-included offenses; and (3) whether the sentence is excessive. Having reviewed the entire record on appeal, we affirm the judgment of the trial court.

Betty L. Johnson, et al., v. Charles S. Settle, M.D., et al.
M1999-01237-COA-R3-CV
Authoring Judge: Judge Patricia J. Cottrell
Trial Court Judge: Judge Thomas W. Brothers

This is an appeal of a jury verdict based on personal injuries plaintiff received as a result of the wrong acetic acid solution being applied during a colposcopy. Metro Medical Supply, Inc., the supplier of the acid, appeals the trial court's decisions on post trial motions and the amount of the remittitur. Among other grounds, Metro Medical asserts that it is not liable because any acts or omissions on its part were too remote and that there were intervening superceding causes that were the legal and proximate cause of plaintiff's injuries. We agree, and for the reasons below, we find that Metro Medical was not legally liable to plaintiffs and any negligence on its part was superceded by unforeseeable intervening causes. Accordingly, the judgment against Metro Medical Supply, Inc. is reversed.

State of Tennessee v. Leonard Edward Baugh, Jr., Damian Lamar Owes and Marquez Donnell Crenshaw
M2000-00477-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Steve R. Dozier

The co-defendants, Leonard Edward Baugh, Jr., Damian Lamar Owes, and Marquez Donnell Crenshaw, were indicted by the Davidson County Grand Jury on one count of especially aggravated robbery, five counts of especially aggravated kidnapping, one count of aggravated burglary, and one count of aggravated assault. Baugh was additionally indicted on one count of resisting arrest and one count of unlawful possession of a weapon by a convicted felon. The counts of aggravated assault were later dismissed. Following their joint trial, all co-defendants were found guilty of especially aggravated robbery, five counts of especially aggravated kidnapping, and aggravated burglary. Baugh was also convicted of unlawful possession of a weapon by a felon. On appeal, each of the co-defendants challenges the sufficiency of the convicting evidence, arguing that the State failed to offer sufficient proof of identity. After a thorough review of the record, we affirm the judgments of the trial court. The matter is remanded to the trial court for correction of clerical errors in the judgments.

Paula C. Bencriscutto, v. Lamesia Simmons and Brooke A. Lucas, v. Lamesia Simmons
M2000-01816-COA-R3-CV
Authoring Judge: Judge J. S. Steve Daniel
Trial Court Judge: Judge Walter C. Kurtz

This consolidated appeal concerns a multiple vehicle automobile collision which occurred during interstate rush hour traffic in Nashville. Lamesia A. Simmons' vehicle came into contact with the rear portion of Paula C. Bencriscutto's vehicle during an attempted lane change. This impact then caused the Bencriscutto vehicle to come into contact with Brooke A. Lucas' vehicle. Lawsuits were instituted in the Circuit Court of Davidson County by both Lucas and Bencriscutto against Simmons to recover damages associated with the collision. These suits were consolidated for trial and this subsequent appeal. At the close of the Plaintiffs' proof the court directed a verdict in favor of the plaintiffs and against Simmons. The issue of damages was then submitted to the jury with a verdict of $9,947.69 being returned in favor of Bencriscutto and in the amount of $5,482.50 for Lucus. Ms. Simmons appeals insisting that the trial court erred in granting the directed verdict. We affirm the action of the trial court in directing the verdict and the damage award.

IN RE: Guardianship of Courtney Warner Hodges
W2000-01424-COA-R3-CV
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Judge Donn Southern

This appeal arises from the deed and devise of property to Courtney Warner Hodges, a minor, by her great grandmother, now deceased. The Appellee brought a petition for appointment of a guardian for Courtney in the Probate Court of Shelby County. The petition stated that Courtney needed a guardian to represent her interests and collect and invest her income from the property. The petition also stated that the income interest to Courtney was not encumbered by trust. Following a hearing, the trial court entered an order for management of minor's estate. The trial court found that the evidence was insufficient to impose oral trusts upon the property.

State of Tennessee v. Alkita M. Odom
M2000-02676-CCA-R9-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge Jane W. Wheatcraft

This is an interlocutory appeal by the State pursuant to Rule 9 of the Tennessee Rules of Appellate Procedure. The Defendant, Alkita M. Odom, was indicted for the offenses of forgery and criminal simulation, each in the amount of $250,000. The indictment reflected that each offense was a Class B felony. Upon the Defendant's motion, the trial court dismissed the indictment to the extent that it reflected Class B felonies because the court found that for the crime to be anything other than Class E felonies, the Defendant would have had to have actually obtained goods or services. The court then granted the State's motion to amend the indictment to reflect Class E felonies for the purposes of appeal. The State argues on appeal that the trial court improperly dismissed the indictment based on the grade of the offense charged. We agree. Accordingly, we reverse the dismissal of the indictment and reinstate it as originally returned by the Grand Jury.

Danny Thomas vs. Dr. Molly O'Toole, et al
M2001-00305-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Hamilton V. Gayden, Jr.
Appellant, Danny Ray Thomas, a prison inmate, brought suit against two medical doctors, Molly P. O'Toole and Donald J. Boatright, on September 1, 2000 alleging various acts of malpractice. On November 9, 2000, Plaintiff sought a default judgment. On November 15, 2000, counsel for Defendants made his appearance and, on November 22, 2000, answered the complaint. Both Defendants filed motions for summary judgment, which motions were granted by the trial court. Plaintiff appealed, and after consideration, we affirm the judgment of the trial court.

State of Tennessee v. Frankie L. Richardson
M2000-02518-CCA-R3-PC
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge Donald P. Harris

The Defendant, Frankie L. Richardson, appeals as of right from the revocation of his probation. He argues that the trial judge abused his discretion by revoking probation. We find no abuse of discretion; thus, we affirm the judgment of the trial court.

Mohamed Ali v. Board of Paroles
M2001-02302-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Ellen Hobbs Lyle
Appellant, an inmate of the Department of Corrections, appeals the dismissal of his Petition for Certiorari in the Chancery Court of Davidson County. He was convicted in 1993 of one count of rape and one count of attempted bribery of a witness. He received sentences of twelve years and three years, respectively, to be served consecutively. He seeks mandatory parole under Tennessee Code Annotated section 40-28-117(b) and other relief. We affirm the judgment of the trial court.

State of Tennessee v. Paul Dennis Reid, Jr.
M1999-00803-CCA-R3-DD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge Cheryl A. Blackburn

Paul Dennis Reid, Jr. was found guilty by a jury of two counts of first-degree murder and one count of especially aggravated robbery. Reid’s convictions stem from the execution style murders of two Captain D’s employees and the especially aggravated robbery of one of the employees. The jury returned a sentence of death for each of the homicides based upon its finding of three aggravating factors, i.e., (i)(2), prior violent felony; (i)(6), murder committed for the purpose of avoiding prosecution; and (i)(7), murder committed during commission of robbery. The Davidson County Criminal Court subsequently imposed a twenty-five-year sentence for the especially aggravated robbery conviction and ordered this sentence to be served consecutively to the two death sentences.  In this appeal as of right, Reid presents numerous issues for our review, including (1) issues arising from suppressed evidence; (2) challenges to the selection of jurors; (3) the sufficiency of the convicting evidence; (4) the admission and exclusion of evidence at both the guilt and penalty phases; (5) the propriety of the prosecution’s closing argument during the guilt phase; (6) the failure to instruct on lesser-included offenses; (7) the trial court’s act of holding court into late hours of the evening without cause; (8) the admissibility in general and the introduction of specific victim impact evidence; (9) prosecutorial misconduct during closing argument; (10) the propriety of the jury instructions; (11) whether application of the (i)(7) aggravator violates State v. Middlebrooks; (12)
the propriety of a twenty-five-year sentence for especially aggravated robbery; (13) the constitutionality of Tennessee’s death penalty statutes; and (14) whether the sentences of death imposed by the jury are proportionate sentences. After a careful review of the record, we affirm Reid’s convictions for two counts of first-degree murder and one count of especially aggravated robbery. Additionally, we affirm the imposition of the sentences of death and the accompanying sentence for especially aggravated robbery.

State of Tennessee v. Paul Dennis Reid, Jr. - Concurring
M1999-00803-CCA-R3-DD
Authoring Judge: Judge James Curwood Witt, Jr.

I fully concur in Judge Hayes’s thorough, incisive opinion. With respect to a portion of the analysis of the especially aggravated robbery sentencing issues, I concur merely in the results.

State of Tennessee v. Kenneth Anderson
M2000-00754-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge Robert W. Wedemeyer

The Defendant, Kenneth Anderson, appeals as of right from the revocation of his probation by the trial court. On appeal, he asserts that the trial court erred by ordering him to serve the balance of his sentence in incarceration after finding that he had violated his probation. We find no error; thus, we affirm the judgment of the trial court.

State of Tennessee v. Joseph Darryl Taylor
M2000-00525-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge W. Charles Lee

Defendant, Joseph Darryl Taylor, was convicted of attempt to commit sexual battery, attempt to commit rape, and aggravated kidnapping. In this appeal as of right, Defendant contends that the evidence adduced at trial concerning all three offenses was insufficient to find him guilty and that the trial court erred when it sentenced Defendant. Following a review of the record, we affirm the judgment of the trial court in part and reverse in part.

State of Tennessee v. David D. Bottoms
M2000-02080-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Cheryl A. Blackburn

The defendant pled guilty in Davidson County Criminal Court to one count of arson, a Class C felony, based on his setting fire to a rental house. According to a plea agreement with the State, he received a four-year sentence as a Range I, standard offender. A sentencing hearing was held to determine the manner of service of his sentence and the amount and manner of payment of any restitution. The trial court ordered that the defendant serve his entire sentence in confinement in the workhouse and that he pay $10,000 in restitution to the victim. In this appeal as of right, the defendant argues that the trial court erred in denying any alternative sentence and in ordering restitution in the amount of $10,000. Having reviewed the record on appeal, we affirm the judgment of the trial court as to the manner of service. As to restitution, we reverse and remand to the trial court.

State of Tennessee v. Michael Pittman
W2000-01027-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge Chris B. Craft

After a jury trial, the Defendant, Michael Pittman, was convicted of aggravated robbery. He was subsequently sentenced to twenty years incarceration as a Range II, multiple offender. In this appeal as of right, the Defendant argues that the evidence was insufficient to support his conviction and that the trial court abused its discretion by ruling that his prior convictions for robbery and theft were admissible to impeach his credibility should he elect to testify. We conclude that the evidence was sufficient to support the Defendant's conviction and that the trial court did not abuse its discretion by ruling that the Defendant's prior convictions were admissible. Thus, we affirm the judgment of the trial court.

State of Tennessee v. Ernest Soloman
W2000-01176-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Carolyn Wade Blackett

The defendant was convicted in the Shelby County Criminal Court of two counts of aggravated robbery, one count of attempted aggravated robbery, and one count of aggravated assault. He appealed the aggravated robbery convictions, arguing that the proof was insufficient to sustain the convictions. We affirm the judgments of the trial court but remand for resentencing as to the conviction for attempted aggravated robbery.

Marlon R. Jackson v. State of Tennessee
W2000-01887-CCA-R3-PC
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge James C. Beasley, Jr.

The petitioner filed a pro se petition for post-conviction relief, later amended by appointed counsel, claiming that his 1999 pleas of guilty in the Shelby County Criminal Court were involuntary and that he received ineffective assistance of counsel. Following a hearing, the post-conviction court denied relief, and the petitioner timely appealed, raising the same two issues. We affirm the judgments of the trial court dismissing the petition.

Larry Howard, M.D. vs. Cornerstone Medical Associates, P.C.
E2000-01659-SC-WCM-CV
Authoring Judge: Justice Janice M. Holder
Trial Court Judge: W. Frank Brown, III
In this workers' compensation case, the employee sustained injuries in an automobile accident while traveling to one of two nursing homes at which he worked as medical director pursuant to his employment contract. The trial court granted summary judgment in favor of the employer, finding that the employee's injuries did not occur in the course of his employment. The Special Workers' Compensation Appeals Panel reversed the trial court's decision, held that the injuries were compensable, and remanded the case for a determination of benefits. We disagree with the Panel's recommendation and affirm the trial court's judgment.

2000-01720-COA-R3-CV
2000-01720-COA-R3-CV
Trial Court Judge: Jerri S. Bryant

Randall Webber, Jr., et al vs. State Farm Mutual Ins. Co.
E1999-01909-SC-R11-CV
Authoring Judge: Justice William M. Barker
Trial Court Judge: James B. Scott, Jr.
Anderson County -The sole issue in this appeal is whether the plaintiff ratified an insurance policy that provided uninsured motorist coverage in amounts less than the policy's coverage for bodily injury liability. The plaintiff argued in the trial court that he did not authorize the lesser limits of uninsured motorist coverage contained in the contract and that the court should construe the policy to provide for coverage equivalent to the liability provided for bodily injury. The trial court granted the defendant's motion for summary judgment, finding that the plaintiff had ratified, and was bound by, the coverage limits as expressed in the contract. On appeal, the Court of Appeals reversed, finding that an issue of fact existed as to whether the plaintiff intended to ratify the lower uninsured motorist coverage limits. We granted permission to appeal and hold that the trial court correctly granted summary judgment to the defendant. The judgment of the Court of Appeals is reversed.

B. Gayden Pate, et al vs. C & S of Tenn., Inc., et al
M2000-02283-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Leonard W. Martin
The plaintiffs signed a contract for the purchase of a new home, conditional on their ability to sell their present home and to obtain a mortgage loan. They gave the defendant developer $30,000 as earnest money. When they were unable to sell their home, they asked for the return of the earnest money. The defendant refused, and the purchasers sued. The trial court ordered the defendant to return the $30,000. We affirm, but we modify the court's judgment to assess interest and attorney fees against the sellers.

Billy Hembree, et al vs. State
M2000-00767-COA-R3-CV
Authoring Judge: Judge William B. Cain
Lester Peavyhouse, having been found not guilty by reason of insanity after an April 1985 attack upon his sister with a hatchet, was committed by the Circuit Court of Stewart County to the Middle Tennessee Mental Health Institute ("MTMHI") in Nashville for involuntary care and treatment on March 1, 1988. In January 1989, he was transferred from MTMHI to Luton Community Mental Health Center subject to a mandatory outpatient therapy plan. In July 1989, he was transferred to Vanderbilt Mental Health Center Adult Outpatient Services section. Ultimately, Peavyhouse enrolled as a student at Austin Peay State University with out patient therapy through Harriet Cohn Center in Clarksville. On October 31, 1991, Peavyhouse entered a private residence in Clarksville with a .410 gauge shotgun and shot to death Misty Harding and Billy Hembree, seriously wounded David Ross and Robert Huff, and committed aggravated assaults upon Charity Baggett, Deanna Shepherd, Walter Scott Palmer, and Jeffery Underwood. Peavyhouse was convicted on all charges and sentenced to two consecutive life terms in prison plus fifty-six years. The estates of Harding and Hembree, together with the other victims of the October 31, 1991 assaults, brought suit against the State of Tennessee before the Tennessee Claims Commission charging MTMHI with negligence in the January 23, 1989 release of Peavyhouse from a secure treatment facility. The Tennessee Claims Commission rendered judgment in favor of the claimants and the State of Tennessee Appeals. We affirm the judgment of the Claims Commission.

State of Tennessee v. William R. Stevens
M1999-02067-CCA-R3-DD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge Steve R. Dozier

The Defendant, William R. Stevens, was convicted of two counts of first degree premeditated murder and one count of especially aggravated robbery, arising out of the deaths of his wife and mother-in-law. For each of his murder convictions, he was sentenced to death. He now appeals as of right, raising the following eleven issues for our review: (1) whether it was error to limit the testimony of crime-scene expert Gregg McCrary; (2) whether it was error to exclude evidence which tended to show that Corey Milliken had an independent motive to commit the murders; (3) whether it was error to admit a redacted version of Sandi Stevens' diary; (4) whether the trial court failed to apply the hearsay and other evidentiary rules in an evenhanded manner; (5) whether the hearsay statements of Corey Milliken to Sarah Suttle should have been excluded as not being "in furtherance of the conspiracy"; (6) whether the cumulative effect of all errors at trial violated the Defendant's right to due process of law; (7) whether instructing the jury that it must agree unanimously in order to impose a life sentence and prohibiting it from being told the effect of a non-unanimous verdict violates the Eighth and Fourteenth Amendments; (8) whether the Tennessee Code Annotated section 39-13-204(i)(4) aggravating circumstance fails to narrow the class of death-eligible defendants in violation of the Eighth and Fourteenth Amendments; (9) whether the failure to articulate meaningful standards for proportionality review mandated by Tennessee Code Annotated section 39-13-206 violates the Defendant's right to due process under the Fourteenth Amendment; (10) whether the unlimited discretion vested in the prosecutor as to whether or not to seek the death penalty violates the Eighth and Fourteenth Amendments; and (11) whether the death penalty is imposed in a discriminatory manner in violation of the Eighth and Fourteenth Amendments. After a thorough review of the record and the relevant legal authorities, we find no reversible error on the part of the trial court. Accordingly, we affirm the Defendant's convictions and his sentences of death.