Derrick Webb vs. Marvell Collier
W1999-01682-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Robert A. Lanier
This is a false arrest case. The plaintiff was arrested by one of the defendants, a security guard, in a Kroger grocery store. The plaintiff sued the security guard, Kroger, and others. The uncontroverted evidence showed that the security guard was an employee of a private security firm and not an employee of Kroger. The trial court granted Kroger's motion for summary judgment. We reverse, finding that Kroger may be held liable under some circumstances for the actions of a security guard who is an independent contractor.

Richard Lee Franklin v. State of Tennessee
E2000-01398-CCA-R3-PC
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge Leon C. Burns, Jr.

In his original trial, the Petitioner, Richard Lee Franklin, was convicted of first degree murder by a Cumberland County jury for the death of David Kirkland. Due to procedural errors at Petitioner's first trial, the trial court granted Petitioner's motion for a new trial. Petitioner was retried and the jury convicted him of second degree murder. The trial court sentenced the Petitioner to twenty-two years of incarceration. State v. Richard Lee Franklin, No. 03C01-9706-CR-00219, 1998 WL 458580, at *1, Cumberland County (Tenn. Crim. App., Knoxville, August 10, 1998), perm. to appeal denied (Tenn. 1999). Subsequently, Petitioner filed a petition for post-conviction relief which was denied. In this appeal as of right, he asserts that the post-conviction court erred in finding his trial counsel's performance to be effective. Specifically, the appellant contends that trial counsel was ineffective for (1) failing to investigate and present witnesses that would support a defense of self-defense; (2) for failing to discuss trial strategies and defenses with the Petitioner; and (3) for failing to request an instruction on self-defense. After review, we affirm the judgment of the trial court.

George Clayton vs. Betty Clayton
E2000-01413-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Lawrence H. Puckett
This is a divorce case. The trial court granted the counter-plaintiff, Betty L. Clayton ("Wife"), a divorce from the original plaintiff, George M. Clayton ("Husband"), on the ground of inappropriate marital conduct; divided the parties' marital property; identified and decreed the distribution of their separate property; and awarded Wife alimony in solido of $325,000, plus attorney's fees of $15,000. Husband appeals the division of property, the amount of the alimony award, and the award of attorney's fees. We affirm.

Tennessee Farmers Mutual Ins. Co. vs. Robert Westmoreland, et al
E2000-02693-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: Jeffrey F. Stewart
Tennessee Farmers Mutual Insurance Company ("Plaintiff") filed a declaratory judgment action claiming that the homeowner's insurance policy issued to Robert and Elizabeth Westmoreland ("Defendants") was void due to material misrepresentations made on the application for insurance by Mr. Westmoreland. Defendants claim they provided the correct information, but it was incorrectly recorded by the insurance agent. The Trial Court granted Plaintiff's motion for summary judgment. We affirm.

State of Tennessee v. Charles Arthur Reeves
M2000-01201-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge John H. Gasaway, III

The defendant appealed the trial court's loss of jurisdiction when he was transferred into the custody of the Department of Correction. The issue is now moot. Accordingly, this appeal is dismissed.

Johnny Wayne Garner and Richard Darrell Miller v. State of Tennessee
M2000-01258-CCA-R3-PC
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Stella L. Hargrove

Both Petitioners appeal from the post-conviction court's denial of their post-conviction relief petitions. The Petitioners claim ineffective assistance of counsel at trial and on appeal for failing to object to an erroneous jury instruction and failing to raise the erroneous jury instruction in their direct appeal. The post-conviction court found the jury instruction to be erroneous; however, it denied relief. After a thorough review, we conclude that the jury instruction was erroneous and prejudicial to the Petitioners and find that trial and appellate counsel were ineffective for failing to object to the erroneous jury instruction at trial and for failing to raise it on direct appeal. Accordingly, we reverse the post-conviction court's denial of relief and remand the Petitioners' cases to the trial court for new trials on the issues of aggravated arson.

State of Tennessee v. Marlo Jones
W2000-01565-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge Joseph H. Walker, III

The defendant was convicted by a jury of aggravated criminal trespass, attempted aggravated assault, and two counts of felony reckless endangerment. The trial court sentenced the defendant to concurrent sentences of eleven months and twenty-nine days for aggravated criminal trespass, two years for attempted aggravated assault, and one year each for both counts of felony reckless endangerment. The defendant was granted probation after service of 120 days. In this appeal, the defendant challenges the trial court's denial of full probation. After a thorough review of the record, we affirm the sentence imposed by the trial court.

Danny J. Wilson v. Fred J. Raney, Warden
W2000-03066-CCA-R3-CV
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge R. Lee Moore Jr.

The petitioner was sentenced to an effective ten-year sentence on December 13, 1990, and on December 20, 1991, he received an additional two-year sentence for felony escape, to be served consecutively to his original sentences. He filed a petition for writ of habeas corpus claiming that he was being illegally restrained because, by his calculations, his sentence had expired. The post-conviction court denied the petition, as well as a subsequent petition to rehear, and the petitioner timely appealed. We affirm the judgment of the trial court denying the petition.

Gregory Hatton v. State of Tennessee
M2000-00756-CCA-R3-PC
Authoring Judge: Presiding Judge Gary R Wade
Trial Court Judge: Judge Jim T. Hamilton

The petitioner, Gregory Hatton, sought post-conviction relief on the grounds that his trial counsel was ineffective, that his guilty pleas were not knowing and voluntary, and that his sentence is illegal. The trial court concluded that the petition was barred by the statute of limitations. Insofar as an illegal sentence is subject to correction at any time, the trial court's dismissal of the petitioner's illegal sentence claim was erroneous. Because, however, the petitioner is not entitled to relief on that claim, the judgment of the trial court is affirmed.

State of Tennessee v. Robert A. Hayden
M2000-00901-CCA-MR3-CD
Authoring Judge: Presiding Judge Gary R Wade
Trial Court Judge: Judge Timothy L. Easter

Indicted for aggravated burglary, aggravated robbery, aggravated sexual battery, two counts of aggravated rape, and especially aggravated kidnapping, the defendant entered negotiated pleas of guilt to aggravated robbery, two counts of aggravated rape, and especially aggravated kidnapping.  The remaining charges were dismissed. After a hearing, the trial court sentenced the defendant as a Range I offender to 12 years for the robbery, 25 years for each of the rapes, and 25 years for the kidnapping. The rape sentences were ordered to be served consecutively to one another and to the robbery sentence, for an effective sentence of 62 years. In this appeal of right, the defendant claims that one of the aggravated rape convictions and the especially aggravated kidnapping conviction violate due process. He asserts that his sentences are excessive and should not have been ordered to be served consecutively. The judgment of the trial court is affirmed.

Curtis Majors v. State of Tennessee
M1999-02138-CCA-R3-PC
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge J. Randall Wyatt, Jr.

The Petitioner was indicted for three counts of aggravated robbery and convicted by a Davidson County jury of one count of aggravated robbery and two counts of aggravated assault. The trial court sentenced him as a Range II, multiple offender to an effective sentence of seventeen years, and on direct appeal, this Court modified his sentence to an effective sentence of fifteen years. The Tennessee Supreme Court denied permission to appeal. The Petitioner subsequently filed a petition for post-conviction relief, arguing that he received ineffective assistance of counsel at trial because his attorneys failed to challenge two of his indictments prior to trial. Following a hearing, the trial court denied post-conviction relief, and the Petitioner now appeals the trial court's denial of relief. We hold that the Petitioner received effective assistance of counsel at trial and therefore affirm the judgment of the trial court.

State of Tennessee v. Ricky A. Burks
M2000-00345-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge Walter C. Kurtz

Ricky A. Burks was convicted by a Davidson County jury of the first-degree murder of his wife. The trial court granted Burks' motion for judgment of acquittal and entered a judgment for second-degree murder. Following a sentencing hearing, the trial court sentenced Burks, as a range II offender, to forty years confinement in the Department of Correction. Burks now appeals both the judgment of conviction and the sentence entered by the Davidson County Criminal Court, challenging the trial court's (1) denial of his motions to suppress; (2) admission of prior bad acts of the defendant; (3) jury instructions regarding prior bad acts; (4) admission of autopsy photographs of the victim; (5) refusal to instruct on the lesser-included offense of reckless homicide; (6) finding that the evidence is sufficient to support a conviction of second-degree murder; and (7) imposition of the maximum sentence of forty years. The State cross-appeals challenging the trial court's ruling in reducing the jury's verdict of first-degree murder to that of second-degree murder. Finding no error, we affirm.

In the matter of Leola Dedman vs. Mary Murphy
W2000-00086-COA-R3-CV
Trial Court Judge: Robert S. Benham
This appeal arises from an order of the Probate Court of Shelby County surcharging George Henderson, executor and trustee of the estate of Leola Dedman, in the amount of $11,018.29. This Court granted Mr. Henderson's T.R.A.P. Rule 10 Application for Extraordinary Appeal as to the surcharge. For the reasons stated herein, we affirm the trial court's decision.

James Byron Transou v. State of Tennessee
W2000-01060-CCA-R3-PC
Authoring Judge: Presiding Judge Gary R Wade
Trial Court Judge: Judge Joe C. Morris

The petitioner, James Byron Transou, appeals the trial court's denial of his petition for post-conviction relief. The issues presented for review are (1) whether the petitioner was denied his constitutional right to self-representation; (2) whether the denial of a motion for continuance is a basis for relief; (3) whether the election on the charge made by the state is a basis for relief; and (4) whether the petitioner was denied the effective assistance of counsel. The judgment is affirmed.

State of Tennessee v. Michael D. Rimmer
W1999-00637-CCA-R3-DD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge W. Fred Axley

The Defendant appeals his conviction for murder in the first degree and the sentence of death imposed by the jury.1 This opinion is delivered in two parts, with a separate opinion addressing Part II.
In Part I of this opinion we address the following issues:

(1) Admission of evidence regarding his escape attempts;
(2) Shackling of his feet and hands;
(3) Prohibition of mitigation evidence at sentencing;
(4) Admission of his statement to police;
(5) Propriety of the prosecutor’s closing argument;
(6) Unconstitutionality of the death penalty; and
(7) Proportionality of sentence of death.

After careful review, we affirm the conviction for murder in the first degree.  In Part II of this opinion, Judge Williams sets forth his minority position on the following issues:

(1) Application of the (i)(2) aggravating factor in the imposition of the death penalty; and (2) Cumulative effect of errors.

The position of the majority on the issues addressed in Part II is set forth in the separate opinion filed by Judge Witt, in which Judge Hayes has joined. The majority concludes that the verdict is enigmatic and uncertain, requiring reversal of the sentence of death and re-sentencing.

State of Tennessee v. Michael D. Rimmer
W1999-00637-CCA-R3-DD
Authoring Judge: Judge James Curwood Witt, Jr.

This separate opinion addresses issues relative to the sentencing phase of the trial, as well as the defendant’s cumulative error issue. Expressed herein are the views of the majority, consisting of Judge Hayes and Judge Witt. The minority view of Judge Williams is expressed in his lead opinion.

Vernon Bernard Love v. State of Tennessee
W2000-02808-CCA-R3-PC
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge Julian P. Guinn

The petitioner was originally convicted by a Carroll County jury of the sale of a controlled substance.  The conviction was affirmed on direct appeal. The petitioner sought post-conviction relief, which was denied by the post-conviction court. In this appeal as a matter of right, the petitioner contends that his trial counsel provided ineffective assistance of counsel. After a thorough review of the record, we conclude that the trial court correctly denied post-conviction relief.

Stefan Olaru vs. John Cooper, et al
E2001-00243-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Samuel H. Payne
This case arises out of an automobile accident. The plaintiff, Stefan Olaru, brought a personal injury action against John Cooper, the driver of the other vehicle involved in the accident. The plaintiff also sued Roberts Express, Inc., from whom the plaintiff had leased the 1995 GMC van involved in the accident. Roberts was sued for medical expenses, lost wages, and disability benefits under Personal Injury Protection ("PIP") insurance coverage provided to him by Roberts. By way of a special verdict, the jury found the plaintiff 60% at fault for the accident; assessed Cooper with the remaining 40% of fault; and determined that the plaintiff had not suffered any injuries as a result of the accident, thereby precluding the plaintiff's recovery under his PIP insurance coverage. The plaintiff appeals, arguing one issue, i.e., that the jury's verdict is contrary to the evidence. We affirm.

2000-00197-COA-R3-CV
2000-00197-COA-R3-CV
Trial Court Judge: Pat Hess

State of Tn Dpt. of Children's Services vs. Angela Knowles Huffman
E2000-03176-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: James H. Beeler
Angela Knowles Huffman appeals a judgment of the Juvenile Court for Sullivan County which terminated her parental rights as to her son, L.T.H. and her daughter, R.E.T. She contends on appeal that the evidence sought to justify termination does not meet the clear and convincing test. We affirm.

State of Tennessee v. Brenda Redwine
E2000-01824-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Robert E. Cupp

The defendant, Brenda Redwine, after pleading guilty to possession of Schedule II drugs and simple possession of marijuana, properly reserved a certified question of law for our review. The Johnson County Criminal Court denied her motion to suppress a search warrant that was issued on January 6, 1999. The defendant asserts, by certified question of law, that the search warrant was not properly issued because the affidavit that was the basis for the warrant contained material misrepresentation by the officer. After review, we affirm the trial court's denial of the defendant's motion to suppress.

Esseoc Cement Corp. vs. PLC
E2002-01992-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: G. Richard Johnson
ESSROC Cement Corp. ("ESSROC") brought this action against PLC, Inc., formerly known as Paty Lumber Company, seeking judgment in amount of $112,551.43, plus service charges and attorney's fees, as payment for cement and masonry materials which it sold to PLC. After ESSROC filed a motion for summary judgment, the parties reached a settlement agreement whereby PLC agreed to pay ESSROC two installments of $25,000.00. PLC paid the first installment under the agreement but not the second. This prompted ESSROC to file a motion to rescind the settlement agreement on grounds of fraudulent misrepresentation. The Trial Court granted ESSROC rescission of the settlement agreement, and granted summary judgment in ESSROC's favor. We affirm the judgment of the Trial Court.

Citizen's Tri-County Bank vs. Frank Hartman, et al
M2000-03087-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Jeffrey F. Stewart
After a dispute arose between the widow and executor of husband's estate concerning ownership of two bank accounts, the bank filed a declaratory judgment action to determine ownership. The trial court determined that the checking account was owned by the widow, and the savings account was part of the decedent's estate. Both parties appealed. We reverse in part and affirm in part, declaring that both accounts are part of the husband's estate.

Kwan & Han-Lee vs. John Doe & Allstate Ins. Co.
M2000-03208-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Walter C. Kurtz
This is a lawsuit against an uninsured motorist insurance carrier arising from a cat jumping out of a car. The plaintiffs were injured in a car accident allegedly caused when a cat leapt from a vehicle and into the plaintiffs' lane of traffic. The plaintiffs filed suit against several parties, including the plaintiffs' uninsured motorist carrier. The uninsured motorist carrier moved for summary judgment, asserting that the negligent actions of the unidentified driver did not arise "out of the ownership, maintenance, or use of a motor vehicle." The motion was granted. The plaintiffs then sought to amend their complaint, and this motion was also denied. A trial was then held on the claims against the remaining defendants and the jury apportioned fifty percent of the fault to the unidentified driver. The plaintiffs now appeal the grant of summary judgment to the uninsured motorist carrier and the denial of the plaintiffs' motion to amend their complaint. We affirm.

David Nevills vs. South Central Correctional Disciplinary Board
M2000-02324-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Robert L. Holloway
This appeal involves the denial of a petition for writ of certiorari brought in chancery court by a state prisoner. The prisoner requested review of actions allegedly in violation of due process taken by a prison disciplinary review board. The chancery court granted a motion for summary judgment in favor of the disciplinary review board and for the following reasons, we affirm.