State of Tennessee v. Henry Lee Martin
01S01-9611-CR-00225
Authoring Judge: Justice Janice M. Holder
Trial Court Judge: Judge Seth W. Norman

A jury convicted the defendant, Henry Lee Martin, of especially aggravated robbery. He was sentenced to twenty-two years imprisonment and fined five thousand dollars. The Court of Criminal Appeals affirmed both his conviction and his sentence. We granted review to determine whether Tenn. R. Evid., Rule 613(b) mandates that a foundation be laid prior to the introduction of extrinsic evidence of a witness' prior inconsistent statement. We hold that extrinsic evidence remains inadmissible until: (1) the witness is asked whether the witness made the prior inconsistent statement; and (2) the witness denies or equivocates as to having made the prior inconsistent statement.

State of Tennessee v. Thomas Dee Huskey
03S01-9610-CR-00096
Authoring Judge: Chief Justice E. Riley Anderson
Trial Court Judge: Judge Richard Baumgardner

We granted interlocutory review in this death penalty case to
determine whether the trial court’s orders compelling the defendant to undergo a
mental examination in accordance with Tenn. R. Crim. P. 12.2(c), and requiring
disclosure to the prosecution of material related to the examination, violated the
right to counsel or the right against self-incrimination under the United States or
Tennessee Constitutions.

The Town of Collierville, Tennessee, Schilling, Inc., Jane Porter Feild, and Joel H. Porter, v. Norfolk Southern Railway Company
02A01-9706-CV-00134
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Judge John R. McCarroll, Jr.

Defendant Norfolk Southern Railway Company appeals the trial court’s orders of
possession entered in favor of Plaintiff/Appellee Town of Collierville in two eminent domain
cases. In entering its orders of possession, the trial court ruled that, as a matter of law, the
Town of Collierville had the right to condemn easements across Norfolk Southern’s railroad
track for the purpose of constructing two grade crossings and that Norfolk Southern was
not entitled to an evidentiary hearing on the right-to-take issue. For the reasons hereinafter
stated, we reverse the trial court’s orders of possession and remand for further
proceedings.

Rickye D. Anderson v. L. Lois Anderson
01A01-9704-CH-00186
Authoring Judge: Judge Alan E. Highers

Appellant has filed a petition to rehear which, after due consideration is respectfully denied.

Van Adrian Barker v. Patsy Lou (Randolph) Sledd Barker - Concurring
01A01-9704-CH-00192
Authoring Judge: Judge Henry F. Todd
Trial Court Judge: Judge Tom E. Gray

In this divorce case, the husband Van Adrian Barker has appealed from the judgment of the Trial Court declaring the parties to be divorced under TCA § 36-4-129, and dividing the marital estate. The appellant presents only the following issue:

I.    Whether the Chancellor erred in finding that the husband did not substantially contribute to the appreciation of the rental property owned by the wife, thereby denying the husband a share in that appreciation.

Van Adrian Barker v. Patsy Lou (Randolph) Sledd Barker - Concurring
01A01-9704-CH-00192
Authoring Judge: Judge William C. Koch, Jr.

I concur with the court’s opinion for two reasons. First, the expenses associated with the upkeep of the Gail Drive house were more than off-set by the rental income from the house. Second, the increase in the value of the house was due, not to Mr. Barker’s contributions to the maintenance of the house which were de minimis, but to the appreciation in the value of real property in general.

Sidney Tillman Hoover, v. Daniel Edmondson Hoover
01A01-9706-CV-00245
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Judge H. Denmark Bell

This is a divorce case. Defendant-appellant Daniel Hoover appeals the trial court’s division of marital property and asserts that the land containing the parties marital home was improperly classified as wife’s separate property. Plaintiff-appellee Sidney Hoover asserts that the trial court erred in failing to award her one-half of Husband’s retirement account.

City of Murfreesboro v. Mariann M. Worthington, City of Murfreesboro v. Thomas W. Worthington and wife, Mariann M. Worthington
01A01-9703-CV-00124
Authoring Judge: Judge Holly Kirby Lillard

Upon consideration of the petition for rehearing of Plaintiff/Appellant City of Murfreesboro, the petition is denied.

In the matter of: Joel Kristen Sipe, State of Tennessee, Dept. of Childrens Services v. Bruce Sipe and Laurel Sipe
01A01-9704-JV-00185
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Judge Andrew J. Shookhoff

This is a termination of parental rights case. The minor child in question is Joel Kristen Sipe, born September 7, 1995 to Laurel Sipe (“Mother”) and Bruce Sipe (“Father”). The trial court terminated the parental rights of both parents as to this child after finding on clear and convincing evidence that grounds existed to do so. Both parents have appealed. For the reasons expressed below, we affirm.

Bobby Blackmon, v. Steven F. Glaser
01A01-9606-CV-00269
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Judge Thomas Goodall

The plaintiff, Bobby Blackmon, has appealed from a judgment reading as follows: The Motion to Set Pretrial Management Conference is overruled. This order shall be considered as a final judgment disposing of any claim, right or liability of any party as contemplated by T.R.A.P. Rule 3(a). IT IS SO ORDERED this 1st day of March, 1996.

Patricia Diane Hayes v. Wal-Mart Stores, Inc.
02S01-9705-CH-00048
Authoring Judge: Cornelia A.Clark, Specials Judge
Trial Court Judge: HON. GEORGE R. ELLIS

State of Tennessee vs. Gary Raines, Debra Raines and Jerry Raines
01C01-9703-CC-00108
Authoring Judge: Judge John H. Peay
Trial Court Judge: Judge Robert E. Burch

Following the denial of their motion to suppress evidence, the Defendants, Gary Raines and Debra Raines ple d guilty in the Circuit Court of Cheatham County to possession of marijuana for resale and possession of drug paraphernalia, and Defendant Jerry Raines pled guilty to simple possession of marijuana and possession of drug paraphernalia. In their pleas, Defendants reserved the right to appeal the trial court’s d enial of their motion to suppress as a certified question of law pursuant to Rule 3(b) of the Tennessee Rules of Appellate Procedure and Rules 11(e) and 37(b)(2)(I) of the Tennessee Rules of Criminal Procedure. Specifically, the certified question is: “Whether or not the initial entry upon the premises and the subsequent consent search was legal.” We affirm the judgment of the trial court, as modified to correct an apparent clerical error.

Ronald E. Nelson v., James P. Everett, et al.
02A01-9707-CV-00150
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Judge James E. Swearengen

Plaintiff/Appellant, Ronald E. Nelson (“Nelson”) appeals the judgment of the trial court granting defendants/appellees’, James P. Everett (“Everett”) and Memphis Publishing Company, Inc., d/b/a The Commercial Appeal (“Memphis Publishing Company”) (collectively “defendants”), motion for summary judgment. For reasons stated hereinafter, we affirm the judgment of the trial court.

Patricia Herndon, Next of Kin of Warren G. Price, Deceased, v. Michael and Jeanette Hughes, and Jeff McAlpin, D/B/A Pyramid Motors and McAlpin Enterprises
02A01-9706-CV-00128
Authoring Judge: Presiding Judge W. Frank Crawford
Trial Court Judge: Judge James E. Swearengen

This appeal involves an automobile accident and the subsequent wrongful death action brought by the daughter of the decedent. Plaintiff-appellant, Patricia Herndon, filed suit against
Michael Hughes, the driver of the other automobile, the driver’s wife Jeanette Hughes, co-owner 2 of the vehicle, and Jeff McAlpin & Associates, Inc., (McAlpin), the car dealership that sold Mr. Hughes the automobile. Ms. Herndon appeals the order of the trial court granting summary judgment to McAlpin.

State of Tennessee vs. William F. Hegger
01C01-9607-CR-00283
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge Thomas H. Ware

On May 17, 1994, a Davidson County jury found Appellant, William F. Hegger, guilty of driving under the influence of an intoxicant, first offense. The trial court sentenced Appellant as a Range I standard offender to eleven months and twenty-nine d ays incarceration (all but ten days suspended), imposed a two-hundred and fifty dollar fine, ordered Appellant to attend alcohol treatment school, and suspended Appellant’s driver’s license for a period of one year. Appellant was further ordered to perform two hundred hours of public service work. On February 22, 1996, following a hearing upon Appellant’s motion, the trial court modified Appellant’s sentence, waiving the fine and public service work. The trial court found that Appellant had completed his jail time and the one year suspension of his license. Appellant filed a timely notice of app eal, raising several issues, namely:

1) whether the trial court erred in allowing evidence regarding the horizontal gaze nystagmus HGN) test;

2) whether the trial court erred in admitting the testimony of Lt. Louise Kelton;
3) whether the evidence was sufficien t to suppo rt the jury verdict;
4) whether the defense counsel provided effective assistance of counsel.

After a review of the record, we affirm the judgment of the trial co urt.

Daryl Turner vs. State of Tennessee
01C01-9608-CR-00374
Authoring Judge: Judge William M. Barker
Trial Court Judge: Judge Jane Wheatcraft

The appellant, Daryl Turner, appeals the Sumner County Criminal Court’s dismissal of his petition for post-conviction relief. In 1993, appellant was convicted of selling a Schedule II controlled substance, to wit: cocaine, and was sentenced to twelve (12) years as a Range III persistent offender. His conviction and sentence were affirmed by this Court on direct appeal. See State v. Darrel Tucker1, No. 01-C-01-9310-CR00347 (Tenn. Crim. App. at Nashville, Oct. 6, 1994), per. app. denied (Tenn. 1995). The appellant, thereafter, filed a pro se petition for post-conviction relief alleging ineffective assistance of counsel, malicious prosecution, and invalid “reasonable doubt” jury instructions.2 Following an evidentiary hearing, the trial court dismissed appellant’s petition upon finding no ground to warrant post-conviction relief. We affirm the judgment of the trial court pursuant to Rule 20 of the Tennessee Court of Criminal Appeals.

Daryl Turner vs. State of Tennessee
01C01-9608-CR-00374
Authoring Judge: Judge William M. Barker
Trial Court Judge: Judge Jane Wheatcraft

The appellant, Daryl Turner, appeals the Sumner County Criminal Court’s dismissal of his petition for post-conviction relief. In 1993, appellant was convicted of selling a Schedule II controlled substance, to wit: cocaine, and was sentenced to twelve (12) years as a Range III persistent offender. His conviction and sentence were affirmed by this Court on direct appeal. See State v. Darrel Tucker1, No. 01-C-01-9310-CR00347 (Tenn. Crim. App. at Nashville, Oct. 6, 1994), per. app. denied (Tenn. 1995). The appellant, thereafter, filed a pro se petition for post-conviction relief alleging ineffective assistance of counsel, malicious prosecution, and invalid “reasonable doubt” jury instructions.2 Following an evidentiary hearing, the trial court dismissed appellant’s petition upon finding no ground to warrant post-conviction relief. We affirm the  judgment of the trial court pursuant to Rule 20 of the Tennessee Court of Criminal Appeals.

Meese & Associates, Inc., v. Eddie Powers and David Hicks, Rebecca Car Kirklin, v. Meese Associates, Inc.
03A01-9705-CH-
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Chancellor Billy Joe White

Plaintiff, Meese & Associates, Inc. (“plaintiff”), appeals the judgment of the trial court 2 awarding Intervening Plaintiff/Appellee, Rebecca Kirklin (“Kirklin”), the real estate commission for the sale of Defendants/Appellees’, Eddie Powers (“Powers”) and David Hicks (“Hicks”) (collectively “defendants”), property by Kirklin. For reasons stated hereinafter, we reverse the decision of the trial court and remand.

Alexander Jackson Bullard vs. The City of Chattanooga Fireman's & Policeman's Insurance & Pension Fund Board - Concurring
03A01-9705-CH-00193
Authoring Judge: Judge Herschel P. Franks
Trial Court Judge: Chancellor Howell N. Peoples

In this action plaintiff sought job-related disability benefits from his pension plan, administered by the City of Chattanooga Firemen’s and  Policemen’s Insurance and Pension Fund Board (“Board”). The Board, after an evidentiary hearing, voted 3 to 2 to deny benefits. An appeal was taken to the Chancery Court, and the Chancellor overturned the decision of the Board and awarded benefits. For reasons hereinafter stated we affirm and adopt from the Chancellor’s Opinion.

Russell Keith Berry v. Bryan Lee Berry and Paula Faye Berry
03A01-9707-CH-00410
Authoring Judge: Judge Don T. McMurray
Trial Court Judge: Chancellor Lewis W. May, Jr.

Plaintiff Russell Keith Berry, brought this action on behalf of himself and his grandmother. He alleged that his grandmother, Lorena Beryl Berry, is mentally incompetent and physically ill and that the defendants, his brother and sister-in-law, gained unfair advantage of her incompetency by fraudulently taking control of all her worldly possessions. The plaintiff also alleged the defendants converted his personal property while he was incarcerated. Defendants move for summary judgment. The motion was granted and the complaint dismissed. This appeal resulted. We find there are genuine issues of material fact and revers the trial court's judgment.

Interstate Mechanical Contractors, Inc., v. MCH Partners: Jimmy R. Reagan, d/b/a Precision Construction Company, et al. - Concurring
03A01-9706-CH-00234
Authoring Judge: Judge Don T. McMurray
Trial Court Judge: Chancellor Chester S. Rainwater

This appeal involves a payment dispute between the plaintiff, Don Conseen, a subcontractor doing business as DC Service & Sales, and defendants Jimmy R. Reagan and Howard Sexton, doing business as Precision Construction Company, a general contractor. Plaintiff sued for payment for construction work which he testified was requested and approved by defendants, and for which he was promised payment by the defendants. An evidentiary hearing was held. The defendants presented no proof at trial. The chancellor granted plaintiff a judgment for $19, 267.45, the amount sought by the plaintiff. The defendants appealed. We affirm the judgment of the trial court.

W. Stephen Renfro, Jr., v. John Doe
03A01-9710-CV-00447
Authoring Judge: Per Curiam
Trial Court Judge: Judge Dale Workman

This is an appeal from a summary judgment entered i favor of Ohio Casualty Insurance Company, an unnamed party brought before the court pursuant to T.C.A. § 5 6 - 7 - 1 2 0 6 .  The question before us is whether the plaintiff, Steven Renfro, is an insured within th emeaning of Ohio Casualty's uninsured motorist (UM) policy provisions. The precise issues, whether the plaintiff, at the time of his injury, was "occupying" the covered vehicle as that term is defined in the policy under consideration. The trial court fond, on motion for summary judgment, that the plaintiff was not "occupying" the ehicle. we reverse the judgment of the trial court.

Southland Realtors Inc., v. Tabor Construction Company, Inc., - Concurring
03A01-9710-CV-00455
Authoring Judge: Judge William H. Inman
Trial Court Judge: Judge Harold Wimberly

The trial court allowed the plaintiff a recovery of a commission for the sale of real estate. The defendant appeals, insisting that (1) the plaintiff was not a party to the sales agency contract and thus had no standing to file this action, (2) the agency contract expired before performance, (3) the plaintiff “performed no useful work,” and (4) the record “cannot support a judgment for anyone.” Each of these issues alleges that the trial court erred in failing to grant summary judgment.

Lawrence Dixson and wife, Mary Dixson, v. Atlantic Soft Drink Company, also D/B/A Pepsi Cola Company
03A01-9709-CV-00417
Authoring Judge: Judge Don T. McMurray
Trial Court Judge: Judge Wheeler A. Rosenbalm

At approximately 1:00 on Christmas morning of 1995, a pickup truck which had been stolen from the defendant Atlantic Soft Drink Company's business compound, crashed into the plaintiffs' residence, allegedly causing property damage and personal injury to the plaintiffs. Plaintiffs, in their complaint asserted that the defendant was negligent in leaving the keys inside the unlocked
truck and providing inadequate security for the parking lot where company vehicles were left. The plaintiffs also sought to impose liability on the defendant under the doctrine of respondeat superior. The defendant moved for summary judgment. Summary judgment was granted and the complaint dismissed. This appeal resulted. We affirm the judgment of the trial court.

Scenic Helicopters, Inc., Scenic Helicopter Rides , Limited, v. City of Sevierville, Tennessee
03A01-9709-CH-00439
Authoring Judge: Senior Judge William H. Inman
Trial Court Judge: Judge Chester S. Rainwater, Jr.

This complaint sought a writ of mandamus to require the City to issue a sign permit, or, alternatively, to review the action of the City in denying the application for a permit. The Chancellor found that the action of the Board of Zoning Appeals in denying the permit was arbitrary and ordered the issuance of the permit. We affirm.