Opinions

Dan Johnson v. Corrections Corporation of America,
W2001-00763-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Jon Kerry Blackwood

Owner-Operator Independent Drivers Association, Inc., et al vs. Concord EFS, Inc., et al
M1999-02560-SC-R11-CV
Authoring Judge: Justice Adolpho A. Birch, Jr.
Trial Court Judge: Cornelia A. Clark
The plaintiffs, who are or independent truck drivers and their representatives, claim they are intended third-party beneficiaries of certain contracts between Flying J, Inc., Pilot Corporation, and EFS National Bank, Inc. The plaintiffs contend that Flying J, Inc. and Pilot Corporation breached their contracts with EFS National Bank, Inc. by improperly imposing surcharges on diesel fuel purchased with certain credit cards. For the alleged breaches, the plaintiffs seek damages and injunctive relief. After thorough consideration and due deliberation, we conclude that the plaintiffs are not intended third-party beneficiaries of the contracts and thus have no standing to sue. Accordingly, we reverse the judgment of the Court of Appeals.

David Chilton v. James Austin
M2001-02891-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Irvin H. Kilcrease, Jr.
In an action between former partners, their various claims against each other were submitted to the jury. The jury returned a verdict that did not award damages to either side. One of the partners appeals, asserting that issues were submitted to the jury that should not have been submitted, that there is no evidence to support the verdict, and that the verdict was a result of passion and prejudice because it was returned the day after the tragedy in New York and Washington on September 11, 2001. We hold that the appellant waived any objection to the issues submitted to the jury, and that the objection to the verdict based on the lack of evidence cannot be sustained. We also fail to find any evidence that the events of September 11, 2001 had any effect on the jury. Therefore we affirm.

Walter E. Preston v. W.G. Lutche
M2001-03153-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Carol L. Mccoy
Appellant filed, pro se, a Petition for Writ of Certiorari. He was convicted of a Class X felony in 1982 and now seeks to rescind his April 9, 1986 waiver executed pursuant to Tennessee Code Annotated section 41-21-236. The trial court dismissed the Petition for failure of Appellant to respond to an Order requiring him to submit a copy of his inmate trust account showing all activity in the account for the six months immediately prior to the filing of the action. The trial court did not abuse its discretion in dismissing the Petition on such basis. We hold, on the merits, that Appellant is not entitled to the relief sought. We affirm the trial court.

Kennedy v. Titan Specialized Services
M2001-02696-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: Robert E. Corlew, III
On appeal from Sessions Court, the Chancellor allowed a set-off on the indebtedness. Plaintiff appeals, contending defendant filed no pleading which would entitle him to a set-off. We affirm.

State of Tennessee v. Charlie Logan
M2001-00804-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge John D. Wootten, Jr.

The defendant was indicted on twelve counts of aggravated rape and six counts of statutory rape. He pled guilty to four counts of statutory rape, a Class E felony, with an agreed sentence of two years on each count, to be suspended upon service of thirty days. The trial court ordered the sentences to run consecutively, which ruling the defendant now appeals. The defendant also appeals the court's denial of his application for judicial diversion. We affirm the judgment of the trial court.

State of Tennessee v. Johnathan Trice
W2000-02740-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge Roy B. Morgan, Jr.

The appellant, Jonathan Trice, pled guilty in the Chester County Circuit Court to five counts of theft and was sentenced to a total of four years incarceration in the Tennessee Department of Correction. The appellant's sentence was then suspended, and the appellant was granted service in a community corrections program. Due to the appellant's failure to comply with the terms of community corrections, the trial court revoked the appellant's suspended sentence and ordered that the appellant serve his sentence in confinement as originally ordered. The appellant appeals this ruling. Upon review of the record and the parties' briefs, we affirm the judgment of the trial court.

State vs. Larry Allen Hicks
E1999-00957-SC-R11-CD
Authoring Judge: Justice William M. Barker
Trial Court Judge: Douglas A. Meyer

State vs. Larry Allen Hicks
E1999-00957-SC-R11-CD
Authoring Judge: Justice William M. Barker
Trial Court Judge: Douglas A. Meyer

State of Tennessee v. Larry Allen Hicks
E1999-00957-SC-R11-CV

Trial Court Judge: Douglas A. Meyer

State of Tennessee v. Larry Mitchell Watson
E2000-01923-CCA-R3-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Judge Lillie Ann Sells

The defendant, Larry Mitchel Watson, appeals his conviction and sentence for felony reckless endangerment in the Cumberland County Criminal Court. On appeal, the defendant argues that the evidence was insufficient to sustain his felony reckless endangerment conviction and that the trial court improperly sentenced him. Because the jury was erroneously instructed on felony reckless endangerment as a lesser-included offense of aggravated assault, we reverse his conviction for that offense and remand the cause for a new trial in accordance with this opinion.

Wendy King vs. Timothy King
M2000-00424-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Charles D. Haston, Sr.
This appeal arises from a divorce and custody dispute. The trial court awarded custody of the parties' four minor children to the father, and the court awarded the mother liberal visitation. The mother appeals the decision of the court below. For the following reasons, we affirm in part, reverse in part, and remand to the trial court for further proceedings consistent with this opinion.

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George Campbell, Jr. v. State of Tennessee
W2000-00703-CCA-R3-PC
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Chris B. Craft

The petitioner appeals the dismissal of his petition for post-conviction relief, arguing that the post-conviction court erred in finding that he had effective assistance of trial counsel. After a careful review of the record, we conclude that the petitioner failed to meet his burden of proving ineffective assistance of counsel. Accordingly, we affirm the post-conviction court's dismissal of the petition for post-conviction relief.

State of Tennessee v. Rickie Boyd
W2000-01010-CCA-R3-CD
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge Joseph B. Dailey

The defendant, Rickie Boyd, was convicted by a Shelby County, Tennessee jury of the offense of aggravated robbery. He was sentenced to 18 years incarceration as a Range II, multiple offender. In this appeal he maintains the trial court erred in failing to instruct the jury with respect to the lesser included offense of theft of property. We conclude that is was error to fail to instruct the jury with respect to theft of property. However, we also conclude that this error was harmless beyond a reasonable doubt, and we therefore affirm the judgment of the trial court.

State of Tennessee v. Charles Goode
W2000-02267-CCA-R3-CO
Authoring Judge: Special Judge Cornelia A. Clark
Trial Court Judge: Judge James C. Beasley, Jr.

Charles Goode was convicted by a jury of aggravated rape, and was sentenced to twenty-five (25) years in the Department of Correction. He challenges the sufficiency of the evidence and the actions of the judge in sentencing him to serve the maximum sentence. We affirm the judgment of the trial court.

State of Tennessee v. Larry Dean Dickerson
W2000-02201-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge Mark L. Agee

The defendant appeals his premeditated first degree murder conviction for which he received a life sentence, arguing: (1) the evidence was not sufficient to convict him of first degree murder; (2) he should have been granted a mistrial due to the prosecutor's improper statements during closing arguments; and (3) he was entitled to a special jury instruction regarding diminished capacity. After reviewing the record, we affirm the judgment of the trial court.

State of Tennessee v. Sharon Rhea
E2000-02617-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge D. Kelly Thomas, Jr.

The defendant pled guilty to two counts of introduction of drugs into a penal institution. Her plea agreement required her to serve two concurrent six-year sentences for the offenses, but left the manner of service to the discretion of the trial court. Following a sentencing hearing, the trial court ordered the defendant to serve her sentences in the Tennessee Department of Correction. The defendant appeals this decision, arguing that the trial court erred by not ordering an alternative sentence. Because we conclude that the record in this case supports the denial of alternative sentencing, we affirm the judgment of the trial court.

Bobbie Woods v. Maytag Jackson Dishwashing Products
W2000-02212-SC-WCM-CV
Authoring Judge: Joe C. Loser, Jr., Sp. J.
Trial Court Judge: Joe C. Morris, Chancellor
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. _ 5-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. In this appeal, the employer contends the evidence preponderates against the trial court's finding that the employee's claim for disability resulting from left carpal tunnel syndrome is not time-barred. As discussed below, the panel has concluded the judgment should be affirmed.

Howard L. Fuller v. Astec Industries, Inc.
E2000-00721-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: Judge W. Neil Thomas, III

Plaintiff filed a retaliatory discharge action based on dismissal from employment for filing a worker's compensation claim. The Trial Judge held the record established the dismissal was not retaliatory. We affirm.

State of Tennessee v. Felicia L. Britton
M2001-00176-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge John H. Gasaway, III

After pleading guilty to felony theft of identity, a Class D felony, and to violating her probation, the trial court ordered the defendant to serve one year confinement and one year probation with rehabilitation as a result of violating her probation. In addition, the trial court ordered her to serve an additional three years of probation for the felony theft of identity conviction, to run consecutive to the sentence resulting from the probation violation. The defendant appeals and asserts that the trial court erred in sentencing her on the probation violation, erred in sentencing her to three years of probation for the felony theft of identity, and erred in ordering the two sentences to be served consecutively. After review, we affirm the judgment of the trial court.

Joan Elizabeth Hall v. State of Tennessee
M2000-02707-CCA-R3-PC
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge W. Charles Lee

The petitioner was originally convicted by a Lincoln County jury of criminal responsibility for first degree murder and sentenced to life imprisonment. The petitioner's conviction was affirmed on direct appeal. The petitioner sought post-conviction relief, which was denied by the post-conviction court. In this appeal, the petitioner contends her trial counsel provided ineffective assistance of counsel. After a thorough review of the record, we conclude that the post-conviction court correctly denied post-conviction relief.

State of Tennessee v. Steven Lee Whitehead
W2000-01062-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge Roy B. Morgan, Jr.

The appellant, Steven Lee Whitehead, was convicted by a jury in the Madison County Circuit Court of three counts of rape. Pursuant to the appellant's convictions, the trial court imposed concurrent sentences of ten years incarceration in the Tennessee Department of Correction. On appeal, the appellant presents the following issues for our review: (1) whether the trial court erred in excluding at the appellant's trial evidence of other sexual behavior by the victim; (2) whether the trial court erred in excluding evidence of prior false testimony by the victim; (3) whether the trial court erred in failing to either exclude DNA evidence or, in the alternative, grant the appellant a continuance of the trial date; (4) whether the trial court erred in excluding evidence concerning the appellant's character; (5) whether the evidence adduced at trial is sufficient to support the appellant's convictions of rape; and (6) whether the trial court erred in failing to instruct the jury on sexual battery as a lesser-included offense of each count of rape. Following a thorough review of the record and the parties' briefs, we reverse the judgments of the trial court due to the court's failure to instruct the jury on sexual battery, and we remand these cases for a new trial.

State of Tennessee v. Kenneth Chambly
E2000-01719-CCA-R3-CD
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge Douglas A. Meyer

The defendant, Kenneth Chambly, appeals his convictions for three charges of aggravated sexual battery for which he received an effective sentence of ten years without parole. He raises various issues on appeal. We reverse the convictions and remand the case for a new trial because of the failure of the state to elect offenses and the failure of the trial court to instruct the jury regarding the need for offense unanimity in the verdict. We also conclude that the trial court imposed an improper sentence of ten years for one of the convictions.

Cutler-Hammer, a Division of Eaton Corp. v. Timothy L. Crabtree
E1998-00845-SC-WCM-CV
Authoring Judge: Justice Adolpho A. Birch, Jr.
Trial Court Judge: Judge R. Steven Bebb

We granted review in this cause to determine whether the trial court erred in finding Timothy L. Crabtree permanently and totally disabled as a result of mental and physical injuries sustained while working for Cutler-Hammer. Crabtree injured his back while working on a production line; then, during treatment for the back injury, he developed severe depression. The trial court found that Crabtree was permanently and totally disabled as a result of the combined effect of his mental and physical injuries. The Special Workers' Compensation Appeals Panel rejected this finding, concluding instead that Crabtree's mental disorder was not compensable because it was not connected to his back injury, which was compensable. On review, we conclude that Crabtree's mental disorder resulted from his physical injury. We hold, therefore, that Crabtree's mental disorder is compensable, and we affirm the judgment of the trial court.