Opinions

State vs. John/Rita Adams
02C01-9707-CR-00246
Trial Court Judge: Chris B. Craft

State vs. Thomas Stone
02C01-9711-CC-00433

State vs. Ralph Miller
02C01-9709-CC-00361

Stephen W. Murphy vs. State
M2000-00014-CCA-R3-PC
Trial Court Judge: J. Randall Wyatt, Jr.
The petitioner appeals as of right from the Davidson County Criminal Court's denial of post-conviction relief. The petitioner pled guilty in 1998 to two counts of theft and was sentenced as a career offender to twelve years for D felony theft and six years for an E felony theft. The sentences were statutorily required to be served consecutively. Petitioner filed a timely pro se petition seeking post-conviction relief, alleging ineffective assistance of counsel and involuntary and unknowing guilty pleas. After an evidentiary hearing, the post-conviction court denied relief. Based upon our review, we affirm the post-conviction court's denial of the petitioner's request for post-conviction relief.

State vs. Preston Fisher
W2000-00906-CCA-R3-CD
Authoring Judge: Judge Gary R Wade
The defendant, Preston Fisher, was convicted of theft of property over $10,000.00. The trial court imposed a Range I, five-year sentence and required service of 120 days in jail, after which the defendant was to be placed upon intensive probation. Following a probation violation by his use of marijuana, the defendant was placed in a Community Corrections program which required one year of drug and alcohol treatment at the Synergy Foundation followed by four years of supervision. After the defendant failed to pursue treatment at Synergy, the trial court ordered that he serve his sentence in the Department of Correction. In this appeal of right, the defendant contends that the trial court erred by the revocation of the Community Corrections sentence. The judgment is affirmed.

Broderick Kelsey v. Kraft Food Service
03S01-9710-CH-00121
Authoring Judge: Joe C. Loser, Jr., Special Judge
Trial Court Judge: Hon. Howell Peoples,
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. section 5-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. The appellants contend the trial court's award of benefits based on six times the medical impairment rating is excessive. The appellee contends the award is inadequate because the chancellor erred in "finding three of the four factors listed under Tenn. Code Ann. section 5-6- 242 were not proven by clear and convincing evidence" and that the award of benefits based on forty-two percent to the body as a whole is inadequate. The appellee also contends the chancellor erred in failing to award its vocational expert's fee as discretionary costs. As discussed below, the panel has concluded the judgment should be affirmed. At the time of the trial, the claimant, Kelsey was thirty-five years old and a high school graduate. Following high school graduation, he served three years in the United States Army, where he worked as a warehouseman and equipment operator. He has worked as a truck driver. He worked for the employer, Kraft Food Services, for about two years until June 27, 1995, when he suffered a compensable back injury while lifting a case of potatoes. He has not worked since. The treating physician, Dr. Seiters, diagnosed a protruding or bulging disc, provided conservative care and estimated his permanent medical impairment at seven percent to the body as a whole. The doctor further opined the claimant reached maximum medical improvement on November 15, 1995 and could return to light work. The treating physician and another doctor who had first examined the claimant were of the opinion that the claimant could be exaggerating his symptoms. At the trial, the claimant gave conflicting testimony concerning his ability to read. On direct examination, he testified that he could not read. On 2

Frances Blanchard vs. Arlene Kellum, D.D.S.
02S01-9709-CV-00083

Bennie Day and Karen Day, v. City of Dercherd, Otis B. Smith, Jr., Mayor, Hank Weddington, Bill van Hoosier, Frank Green, and Daryl Doney, Commissioners - Concurring
01-A-01-9708-CH-00442
Authoring Judge: Special Judge Walter R. Bussart

I concur i the resulst of the majority opinion, but would base that result on different reasoning.

Thomasson vs. Thomasson
01A01-9706-CV-00273
Trial Court Judge: Gerald L. Ewell, Sr.

Irvin vs. Johnson
01A01-9708-CV-00427
Trial Court Judge: James E. Walton

Reinhart vs. Parks
01A01-9708-CH-00412
Trial Court Judge: James L. Weatherford

Bursack vs. Wilson
01A01-9710-CV-00555
Trial Court Judge: Marietta M. Shipley

Bess & Cummins vs. Associated Brokers
01A01-9707-CH-00319
Trial Court Judge: Carol L. Mccoy

Crabtree vs. Crabtree
01A01-9710-CV-00576
Trial Court Judge: Muriel Robinson

Elizabeth Davis Black, v. Michael Walter Black
01A01-9801-CV-00056
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Judge J. Curtis Smith

This appeal involves post-divorce petitions for change of custody and child support. The mother, Elizabeth Davis Black (Tepas), has appealed from the judgment of the Trial Court transferring custody of the eleven year old daughter, Chelsea, from the mother to the father, Michael Walter Black, and relieving him of the obligation of child support while the child was in the custody of the father by agreement of the parties.

Moore Construction Co. vs. Story Engineering
01A01-9606-CV-00267
Trial Court Judge: James E. Walton

Ford Consumer Finance Co. vs. Clay
01A01-9610-CH-00481
Trial Court Judge: Irvin H. Kilcrease, Jr.

Robertson vs. TN. Walking Horse & Breeders Assoc.
01A01-9610-CV-00456
Trial Court Judge: Lee Russell

Greene vs. TN. Dept of Correction
01A01-9608-CH-00370
Trial Court Judge: Irvin H. Kilcrease, Jr.

Southern Corp. vs. Mark Hiller, et al
02A01-9709-CH-00234
Trial Court Judge: D. J. Alissandratos

State vs. Jason Kimberland
02C01-9711-CC-00447

Billy Joe Bourff v. State of Tennessee
03C01-9705-CR-00189
Authoring Judge: Judge William M. Barker
Trial Court Judge: Judge Lee Asbury

The appellant, Billy Joe Bourff, appeals as of right the Campbell County Criminal Court’s dismissal of his petition for post-conviction relief. We affirm the judgment of the trial court.

State of Tennessee vs. Melvin Lewis Peacock
01C01-9704-CR-00118
Authoring Judge: Judge John M. Tipton
Trial Court Judge: Judge J. Randall Wyatt, Jr.

The defendant, Melvin Lewis Peacock, appeals as of right from his jury convictions in Davidson County for possession with intent to sell three hundred grams or more of a substance containing cocaine, a Class A felony, and for the unlawful possession of a weapon, a Class E felony. The trial court sentenced the defendant as a Range I, standard offender to twenty years in the custody of the Department of Correction for the cocaine possession conviction and to a concurrent two-year sentence in the custody of the Department of Correction for the weapon possession conviction. The trial court ordered the defendant to serve the twenty-year sentence consecutively
to an earlier sentence. The defendant presents the following issues for our review:

(1) the trial court erred when it denied the defendant’s motion to suppress the evidence seized by the police pursuant to a search warrant on the basis that an exact copy of the warrant was not left with the defendant;
 

(2) the trial court erred in denying the defendant’s motion in limine to preclude the state from introducing into evidence five car titles found in a safe; and
 

(3) the trial court erred in permitting the state to recall Curtis Peacock as a witness during its case-in-chief.
 

We affirm the trial court’s judgment of conviction.

Phyllis Ann Frazier Hamby v. Joseph Dewight Hamby and Anthony Hamby - Concurring
03A01-9708-CV-00346
Authoring Judge: Judge Herschel P. Franks
Trial Court Judge: Judge John B. Hagler

In this divorce action, the wife appeals from the Trial Court’s Order of child support and the evaluation of the marital estate and its distribution.

State of Tennessee vs. Johnny Akins
02C01-9711-CR-00451
Authoring Judge: Judge Paul G. Summers
Trial Court Judge: Judge Joseph B. Dailey

Johnny Akins was found guilty by a jury of aggravated burglary. He was sentenced to fifteen years in Tennessee Department of Correction. The trial court denied his motion for a new trial. He appeals. The sole issue is whether the evidence is sufficient to support his conviction. We affirm the judgment of
conviction.