Leroy Smith v. Ronald Gourley
M2002-00044-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Tom E. Gray
The Chancery Court of Sumner County denied enforcement of a lease with an option to purchase. On appeal the lessee argues that the chancellor erred in refusing to allow a copy of the lease/option to be introduced into evidence after he testified that the original had been lost. We find that the chancellor refused to allow the lease/option into evidence because of a lack of trustworthy proof regarding its execution. Therefore, we affirm.

Sumner Court of Appeals

Department of Human Serv.: In the Matter of Kubra Satterfield
03A01-9810-JV-00341

Court of Appeals

Michael Phillips vs. Morrill Electric, Inc.
03A01-9901-CH-00030

Court of Appeals

Willie Jean Cherry Johnson, v. James Franklin Johnson
A01-9603-GS-00056
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Judge Robert L. Childers

Plaintiff Willie Jean Cherry Johnson (Wife) appeals the trial court's judgment denying her petition to modify a final divorce decree previously entered by the court in December 1996. We affirm the trial court's judgment based upon our conclusion that the disposition of this case is controlled by this court's decision in Gilliland v. Stanley, No 0WL180587 (Tenn . App . Apr .16 , 1997)  ( no perm. app. filed ) .

Shelby Court of Appeals

01A01-9812-CH-00652
01A01-9812-CH-00652
Trial Court Judge: Robert E. Corlew, III

Rutherford Court of Appeals

01A01-9903-CH-00185
01A01-9903-CH-00185
Trial Court Judge: Irvin H. Kilcrease, Jr.

Davidson Court of Appeals

01A01-9904-CH-00209
01A01-9904-CH-00209
Trial Court Judge: Ellen Hobbs Lyle

Davidson Court of Appeals

Stephens vs. Henley's Supply & Industry
01S01-9712-CH-00277

Franklin Supreme Court

State vs. Timothy Dewalt
W2001-00168-CCA-R3-CD
Authoring Judge: Judge Gary R Wade
Trial Court Judge: Julian P. Guinn
The defendant, Timothy Tereze Dewalt, was indicted for selling a controlled substance, a Class C felony. After his plea of guilty, the trial court imposed a standard Range I sentence of four years. In this appeal of right, the defendant contends (1) that he was denied the right to counsel and (2) that his sentence is excessive. The judgment of the trial court is affirmed.

Henry Court of Criminal Appeals

Ivey vs. Trans Global Gas & Oil
03S01-9804-CH-00037

Supreme Court

State vs. Jimmy Ferguson
01C01-9809-CR-00359
Trial Court Judge: Frank G. Clement, Jr.

Davidson Court of Criminal Appeals

State vs. James E. Jackson
01C01-9809-CR-00358
Trial Court Judge: Steve R. Dozier

Davidson Court of Criminal Appeals

State vs. Richard Smith
02C01-9903-CC-00101
Trial Court Judge: Roy Morgan

Henderson Court of Criminal Appeals

State vs. Shawn R. Cotton
01C01-9805-CR-00209
Trial Court Judge: Frank G. Clement, Jr.

Davidson Court of Criminal Appeals

Brett Allen Patterson vs. State
01C01-9805-CC-00221

Montgomery Court of Criminal Appeals

State vs. Eric B. Howard
01C01-9805-CR-00198

Davidson Court of Criminal Appeals

State vs. Brian Milam
01C01-9712-CC-00557
Trial Court Judge: Robert L. Jones

Wayne Court of Criminal Appeals

Mickey A. Brown v. Tennessee Department of Correction
01A01-9808-CH-00437
Authoring Judge: Presiding Judge Ben H. Cantrell
Trial Court Judge: Chancellor Ellen Hobbs Lyle

A Tennessee prison inmate filed a Petition for a Declaratory Judgment, insisting that he was entitled to be immediately released because of the earlier expiration of a concurrent Florida sentence. The trial court dismissed the petition for failure to state a claim. We affirm.

Davidson Court of Appeals

State vs. Kenneth Lee Kendrick
03C01-9810-CR-00374
Trial Court Judge: R. Jerry Beck

Sullivan Court of Criminal Appeals

Alfred Lee Mauldin v. Mark Luttrell, Warden, et al.
02A01-9902-CH-00065
Authoring Judge: Judge David R. farmer
Trial Court Judge: Chancellor D. J. Alissandratos

Alfred Lee Mauldin appeals from the order of the chancery court dismissing his petition for writ of habeas corpus on the basis that the trial court lacked subject matter jurisdiction.

Shelby Court of Appeals

Randall Allen Cantrell vs. State
01C01-9902-CR-00050
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge Jane W. Wheatcraft

The appellant, Randall Allen Cantrell, appeals the order of the Sumner County Criminal Court dismissing his pro se petition for post-conviction relief. In this appeal, the appellant raises multiple issues which collectively challenge the trial court’s summary dismissal of the petition as being time-barred.

Sumner Court of Criminal Appeals

Randall Allen Cantrell vs. State of Tennessee
01C01-9902-CR-00050
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge Jane W. Wheatcraft

The appellant, Randall Allen Cantrell, appeals the order of the Sumner County Criminal Court dismissing his pro se petition for post-conviction relief. In this appeal, the appellant raises multiple issues which collectively challenge the trial court’s summary dismissal of the petition as being time-barred.

Sumner Court of Criminal Appeals

State of Tennessee vs. Betty W. Norman
01C01-9805-CC-00230
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge Charles Lee

The appellant, Betty W . Norman, was convicted by a Moore County jury of two (2) counts of reckless endangerment, a Class E felony, and one (1) count of harassment, a Class A misdemeanor. The trial court sentenced the appellant as a Range I offender to consecutive terms of one (1) year and three (3) months and one (1) year and two (2) months for the reckless endangerment convictions. The appellant received a concurrent sentence of six (6) months for her conviction for harassment. The trial court ordered tha t the appellant serve her sentences in confinement. On appeal, the appellant presents the following issues for our
review:

(1) whether the trial court erred in limiting the appellant’s crossexamination of a state w itness reg arding the trajectory of a bullet and by subsequently instructing the jury to disregard the witness’ testimon y regardin g the trajec tory of the bullet;
(2) whether the trial court erred in failing to allow the appellant to question the victims, Robert and Loretta Norman, regarding anydomestic problems between them;
(3) whether the evidence was sufficient to support the a ppellant’s convictions beyond a reasonable doubt;
(4) whether the trial court imposed excessive sentences;
(5) whether the trial court erred in imposing consecutive sentences; and
(6) whether the trial court erred in denying probation.

After a thorough review of the record before this Court, we conclude that theappellant was erroneously convicted of two (2) co unts of reckless endangerment arising out of the same course of conduct. Therefore, the appellant’s conviction for reckless endangerment in Count One is merged with her conviction for reckless endangerment in Count Two. In all other respects, however, the judgment of the trial court is affirmed.

Moore Court of Criminal Appeals

C.L. Randolph v. Virginia Henley Randolph
03S01-9510-CV-00119
Authoring Judge: Justice E. Riley Anderson
Trial Court Judge: Special Judge M. Drew Robinson

We granted this appeal to clarify the statutory standard by which the validity of antenuptial agreements should be judged. The trial court in this case held the antenuptial agreement invalid, finding the wife did not “knowledgeably” sign the agreement, as required by statute1. The Court of Appeals, in a split decision, reversed, finding the totality of the circumstances established that the wife possessed sufficient knowledge of the husband’s business affairs and financial status at the time she signed the agreement to meet the statutory requirement of "knowledgeably" executing the agreement and that the agreement was therefore enforceable. We interpret the statutory requirement that an antenuptial agreement is enforceable only if entered into "knowledgeably" to mean that the spouse seeking to enforce an antenuptial agreement must prove, by a preponderance of the evidence, either that a full and fair disclosure of the nature, extent and value
of his or her holdings was provided to the spouse seeking to avoid the agreement, or that disclosure was unnecessary because the spouse seeking to avoid the agreement had independent knowledge of the full nature, extent, and value of the proponent spouse’s holdings.

Knox Supreme Court

John Matthews v. American Manufacturers Mutual Inc. Co.
02S01-9809-CH-00085
Authoring Judge: L. Terry Lafferty, Senior Judge
Trial Court Judge: Hon. Joe C. Morris
This workers' compensation appeal was referred to the Special W orkers' Compensation Appeals Panel of the Supreme Court pursuant to Tenn. Code Ann. _5-6- 225(e)(3) (Supp. 1998) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. This case was tried on June 25, 1998. The trial court found that the plaintiff suffered a work-related injury on June 27, 1997, and awarded the plaintiff forty-five percent permanent partial disability to the body as a whole. The court stated that the plaintiff's present disability, whether due to a heart attack or from heart disease, was caused by the exertion and strain of lifting fifty-pound buckets in 9-degree weather in the course of his employment duties. The defendant, American Manufacturers Mutual Insurance Company, has appealed the trial court's decision. After a careful review of the record, we find that the judgment of the trial court must be reversed. At the time of trial, the plaintiff, John Matthews, testified that he was 47 years of age, had a bachelors degree in archeology, and had completed approximately one-half of his studies toward a masters degree in anthropology and archeology. Before pursuing his studies in archeology, the plaintiff did carpentry work, served in the military, and was employed as a service writer for a tire company. After receiving his degree in archeology, the plaintiff was employed by Brockington and Associates, the defendant's insured, as an archeologist from February of 1997 until the alleged injury in June of 1997. At the time of trial, he was working as an instructor at a job-training facility for the handicapped. On Friday, June 27, 1997, the plaintiff was working outside with his supervisor at the site of a proposed guitar company in a heat index of 14 degrees. Their job was to uncover archeological artifacts by removing five-gallon buckets of mud, weighing forty to fifty pounds each, from a six-foot deep trench. The plaintiff recalled that he was perspiring heavily. At approximately 3: p.m., the plaintiff felt a tightness with a little pain below his collarbone and was short of breath. Thinking that it was the heat, he took breaks to cool off and continued to work after drinking some water. He testified that he had no prior history of chest pain or heart disease. He was able to finish the day's work, and the chest pain eased by approximately 6: p.m. Over the weekend, the plaintiff worked in the yard 2

Henderson Workers Compensation Panel