Michael Kline, et al. v. Club 616, Inc., et al.
W2009-01599-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Judge John R. McCarroll

This appeal involves a lawsuit filed against a nightclub and several individuals who, according to Plaintiffs, were owners of the nightclub at the time of the events giving rise to this lawsuit. The trial court granted summary judgment to two of those individuals, finding that they had produced "conclusive" evidence that they had no ownership interest in the club at the relevant time. Plaintiffs appeal. We reverse and remand for further proceedings.

Jelani Stinson v. Margaret Washington
W2010-00928-COA-R3-JV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Judge John R. McCarroll

This is a child custody dispute between a biological father and the children's maternal grandmother. The trial court awarded custody to the grandmother. We affirm.

Charles Ray Powell v. State of Tennessee
M2009-01618-CCA-R3-PC
Authoring Judge: Thomas T. Woodall
Trial Court Judge: Thomas W. Graham, Judge
Petitioner, Charles Ray Powell, appeals as of right the Franklin County Circuit Court's summary denial of his petition for post-conviction relief. In 1996, Petitioner was convicted by a jury of first degree murder and sentenced by the trial court to serve life imprisonment. This court affirmed petitioner's conviction, and petitioner did not make application for permission to appeal to the Tennessee Supreme Court pursuant to Rule 11 of the Tennessee Rules of Appellate Procedure. State v. Charles Ray Powell, M1998-00757-CCA-R3-CD, 2000 WL 621137 (Tenn. Crim. App. at Nashville, May 12, 2000). On July 10, 2009, petitioner filed a pro se petition for post-conviction relief, seeking a delayed appeal and collaterally attacking his conviction. The post-conviction court concluded that the petition was barred by the statute of limitations and dismissed it without a hearing. Upon review, we conclude that petitioner's post-conviction petition is barred by the statute of limitations and affirm the trial court's dismissal of the petition.

William Edward Watkins v. State of Tennessee
M2008-02098-CCA-R3-PC
Authoring Judge: Presiding Judge Joseph M. Tipton
Trial Court Judge: Judge Robert Jones

The Petitioner, William Edward Watkins, appeals the Maury County Circuit Court's denial of his petition for post-conviction relief from his convictions for two counts of first degree felony murder and one count of attempted aggravated robbery, for which he is serving consecutive life sentences plus three years. In this appeal, the petitioner contends that he is entitled to post-conviction relief because trial counsel was ineffective for failing to request the jury instructions on lesser included offenses and for failing to raise the issue in his motion for new trial in order to preserve the issue for appellate relief. We affirm the judgment of the post-conviction court.

In re: Madison K. P.
M2009-02331-COA-R3-JV
Authoring Judge: Frank G. Clement, Jr., J.
Trial Court Judge: Donna Scott Davenport, Judge
This is an action to change the designation of the primary residential parent from Mother to Father. The child was born in 1999 when her parents were only sixteen years old. When the first parenting plan was established in 2000, Mother was designated the primary residential parent but the court ordered that she share "joint custody and guardianship" with her father and stepmother, with whom she and the child resided. Prior to the filing of this petition in 2009, the child was residing in Georgia with the maternal grandparents, Mother was residing in New York City, and Father was residing in Murfreesboro, Tennessee. When Mother advised Father that she was moving with the child to New Jersey, Father filed this petition to be named the primary residential parent. Mother challenged the petition contending, inter alia, that the Tennessee courts no longer have subject matter jurisdiction, that Georgia is the appropriate forum, and that she should continue as the primary residential parent. The Rutherford County Juvenile Court held that it maintained exclusive, continuing jurisdiction. Following a trial, the court found that a material change of circumstances existed and that Father should be designated as the primary residential parent. Mother appealed claiming that the trial court erred in exercising jurisdiction over the action and in designating Father as the primary residential parent. We affirm the trial court's determination that it maintains exclusive, continuing jurisdiction, however, we reverse the trial court's determination that Father should be named the primary residential parent.

Paul Rawdon, et al. v. Jimmie Lee Johnston, et al.
M2010-01097-COA-R3-CV
Authoring Judge: Andy D. Bennett, J.
Trial Court Judge: Jeffrey S. Bivins, Judge
The owner of a water easement from a spring seeks to use the water on land he owns which is adjacent to, but not part of, the original dominant estate. This use would not increase the burden of the easement. The owner of the spring objects. The trial court held for the spring owner. We reverse.

Dillard Construction, Inc. vs. Haron Contracting Corp., et al.
E2010-00170-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Chancellor W. Frank Brown, III

The only parties left litigating in what started out as a complex construction dispute are, on one side, Dillard Construction, Inc , and, on the other, Dillard's demolition subcontractor, Havron Contracting Corp. After a bench trial and several post-trial motions, the court held that (1) Dillard, while not having a contract with Havron, was required by quantum meruit to pay Havron $91,100 for work performed by Havron's subcontractors; (2) Dillard was not entitled to an offset against that judgment for damage done to electrical equipment by Havron's subcontractor; (3) Havron was entitled to recover from Dillard, under a "passthrough" indemnity theory, the attorney's fees awarded against Havron and in favor of its subcontractor; and (4) Havron was not entitled to recover the attorney's fees that it, Havron, incurred in defending against the claims of its subcontractor. Dillard appeals challenging both the quantum meruit award and the denial of an offset. Havron challenges the trial court's denial of indemnification for attorney's fees Havron incurred in defending the claims of its subcontractor. We affirm.

Milton L. Byrd v. State of Tennessee
E2009-02615-CCA-R3-HC
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge Thomas W. Graham

The Petitioner, Milton L. Byrd, appeals as of right from the Bledsoe County Circuit Court's summary dismissal of his petition for writ of habeas corpus attacking his 1992 convictions of aggravated assault and second degree murder. On appeal, he contends that the judgments are void because (1) they were imposed in contravention of the law concerning the service of sentences for offenses committed while on bail, and (2) he was erroneously declared infamous. Following our review, we affirm the order of the trial court.

In the matter of: April F. (d.o.b. 11/20/98), Dylan F. (d.o.b. 3/30/00), and Devin F. (d.o.b. 7/24/06 et al.
W2010-00803-COA-R3-PT
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Judge Ricky L. Wood

This is a termination of parental rights case. The juvenile court terminated the parental rights of the father on the grounds of persistence of conditions, substantial noncompliance with the terms of the permanency plans, and abandonment by willful failure to support. The father appeals, arguing that the Department of Children's Services did not clearly and convincingly show that it made reasonable efforts to help him address his addiction to methamphetamine, clearly and convincingly prove grounds for termination, or clearly and convincingly demonstrate that termination of his parental rights was in the best interests of the children. Because DCS did not clearly and convincingly demonstrate that it made reasonable efforts to reunite the father with his children, we reverse.

Limmie R. Walls v. Bobby G. Hopkins
M2009-01416-COA-R3-CV
Authoring Judge: Judge John W. McClarty
Trial Court Judge: Judge C.L. Rogers

This tort action arises out of a two-vehicle accident. Plaintiff sued defendant under a negligence theory and sought damages. After a jury trial, the jury equally allocated fault between plaintiff and defendant. Plaintiff filed a motion for a new trial, and the trial court denied the motion. On appeal, plaintiff argues that the jury's verdict is not supported by material evidence and that the trial court erred in permitting testimony regarding plaintiff's intention to use a shortcut. We affirm.

Katrina Martins, et al. v. Williamson Medical Center
M2010-00258-COA-R3-CV
Authoring Judge: Judge Richard H. Dinkins
Trial Court Judge: Judge Robbie T. Beal

Katrina B. Martins and her husband filed suit against Williamson Medical Center for injuries sustained when Ms. Martins fell in her hospital room. The trial court held that the complaint stated a claim based on medical malpractice and dismissed the lawsuit for failure to comply with the Tennessee Medical Malpractice Act. Plaintiffs appeal, asserting that the complaint sounded in common law negligence. We affirm.

Brenda Carrol Bivens vs. Donald Eugene Bivens
E2010-00248-COA-R3-CV
Authoring Judge: Judge D. Michael Swiney
Trial Court Judge: Judge W. Jeffrey Hollingsworth

Brenda Carrol Bivens ("Wife") filed this divorce action against Donald Eugene Bivens ("Husband") in the Hamilton County Circuit Court in the Eleventh Judicial District. At the time of the parties' separation, they lived in Grundy County in the Twelfth Judicial District. Husband has lived in Grundy County his entire adult life. Husband filed a motion to dismiss for improper venue which he claims was granted orally by the trial court. No order dismissing the case ever was entered. The trial court later entered a final decree and marital dissolution agreement submitted by Wife and signed by Husband. Husband filed a motion to set aside the final decree. Following a hearing, the trial court determined that Husband had waived any objection to venue and refused to set aside the final decree. Husband appeals. We conclude that Husband did not waive his objections to venue and that the proper venue in this case never has been Hamilton County. Accordingly, we vacate entry of the final decree and remand this case to the Circuit Court for Hamilton County with instructions to transfer this case to an appropriate court in Grundy County.

In Re: Keri C.
E2010-00381-COA-R3-PT
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Chancellor Telford E. Forgety

This is a termination of parental rights and adoption case. The mother of the child tested positive for cocaine when the child was born, and DCS removed the child from the mother's custody and developed a safety plan for the mother. The child was eventually placed in the custody of the petitioners, who are the mother's cousin and her husband. During the time period at issue, the mother's visitation with the child consisted primarily of attending family gatherings and visiting with the child at these gatherings. She paid no child support. After the mother went to the petitioners' home to say that she intended to seek custody of the child, the petitioners filed this petition for termination of the mother's parental rights and for adoption of the child. After a trial, the trial court terminated the mother's parental rights on grounds of abandonment by failure to support and failure to visit. The mother now appeals. We affirm the trial court's finding of abandonment for failure to support and for willful failure to engage in more than token visitation with the child during the four-month time period preceding the filing of the termination petition, and affirm the termination of the mother's parental rights.

State of Tennessee v. Anthony Hall, Eric Murrell, and Erica Williams
W2009-02280-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge W. Mark Ward

The defendants, Anthony Hall, Eric Murrell, and Erica Williams were convicted by a Shelby County Criminal Court jury of especially aggravated robbery, a Class A felony. Defendants Murrell and Hall were sentenced to eighteen years and Defendant Williams was sentenced to fifteen years, in the Department of Correction. In this consolidated appeal, the defendants challenge the sufficiency of the convicting evidence. After review, we affirm the judgments of the trial court.

State of Tennessee v. Baldomero Galindo
E2009-00549-CCA-R3-CD
Authoring Judge: Presiding Judge Joseph M. Tipton
Trial Court Judge: Judge Ken Irvine

The Defendant, Baldomero Galindo, was convicted by a Knox County Criminal Court jury of first degree murder, for which he is serving a life sentence. On appeal, he contends that (1) the trial court erred in dismissing his motion for new trial on the basis it was untimely, (2) the evidence is insufficient to support his conviction, (3) the trial court erred in denying his pretrial motion to suppress his inculpatory statement, and (4) the trial court erred in denying his motion for a mistrial based upon the State's failure to disclose discovery materials in a timely manner. We affirm the judgment of the trial court.

State of Tennessee v. O'Neal Johnson
W2010-00405-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Chris Craft

The defendant, O'Neal Johnson, was convicted by a Shelby County Criminal Court jury of rape of a child, a Class A felony, and was sentenced to twenty-five years in the Department of Correction at 100% as a violent offender. On appeal, the defendant challenges the sufficiency of the convicting evidence. After review, we affirm the judgment of the trial court.

State of Tennessee v. Justin Dewayne Rogers
W2009-00982-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Joseph H. Walker, III

The defendant, Justin Dewayne Rogers, was convicted of rape of a child, a Class A felony, and sentenced to twenty-five years in the Department of Correction. On appeal, he argues that the evidence was insufficient and that the trial court erred in admitting the victim's medical records in violation of his right to confrontation. After careful review, we affirm the judgment from the trial court.

State of Tennessee v. Keith A. Whited
M2010-00134-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge Shayne Sexton

The Defendant, Keith A. Whited, was charged with first degree murder, driving under the influence (fourth offense), and driving on a revoked license. Following a jury trial, the defendant was convicted of second degree murder, a Class A felony, driving under the influence (fourth offense), a Class E felony, and driving on a revoked license, a Class B misdemeanor. See Tenn. Code Ann. __ 39-13-210(c); 55-10-403(a)(1), -50-504(a)(1). In this direct appeal, the defendant contends that: (1) the verdict was against the weight of the evidence; (2) the testimony of the three eyewitnesses for the State was tainted and should have been disregarded; (3) the police investigation was mishandled and the crime scene was not protected; and (4) the lead investigator's testimony was inconsistent and should have been disregarded. After our review, we affirm the defendant's convictions. We remand solely for the purpose of entry of a corrected judgment form for the second degree murder conviction.

Daniel Stewart v. State of Tennessee
M2009-00341-CCA-R3-PC
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge Robert Crigler

Petitioner, Daniel Stewart, entered open guilty pleas to two counts of Class C felony theft, one count of forgery, and one count of passing a worthless check, also Class C felonies, for which petitioner was sentenced, following a sentencing hearing, as a Range I standard offender to six years confinement for each count, to be served concurrently. In this appeal from the court's denial of his post-conviction petition, petitioner asserts that (1) he received ineffective assistance of counsel at trial; (2) his guilty plea was entered involuntarily; and (3) he received ineffective assistance of counsel regarding waiving his right to appeal he did not effectively waive his right to appeal. Finding no error, we affirm the judgment of the post-conviction court.

Joel Keener v. State of Tennessee
M2009-02489-CCA-R3-PC
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge Larry B. Stanley

The Petitioner, Joel Keener, appeals as of right the Warren County Circuit Court's denial of his petition for post-conviction relief. In 2005, the petitioner was convicted by a jury of facilitation of manufacturing methamphetamine and sentenced to eight years in the Department of Correction. On appeal, he argues that the denial of his petition was error because he did not receive the effective assistance of counsel at trial. Specifically, he contends that counsel failed to seek severance of the charges, failed to seek suppression of the petitioner's statement, and failed to challenge admission of a photograph showing iodinestained hands. He argues that the cumulative effect of these errors denied him a fair trial. Following our review of the record and the parties' briefs, we conclude that the petitioner has not shown that he is entitled to relief. The judgment of the post-conviction court is affirmed.

Kevin Jones v. State of Tennessee
W2009-02051-CCA-R3-PC
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge W. Otis Higgs, Jr.

The petitioner, Kevin Jones, appeals the denial of his petition for post-conviction relief from his conviction for aggravated child abuse, arguing that his trial counsel provided ineffective assistance by his failure to obtain a defense expert medical witness and that Tennessee Supreme Court Rule 13, which restricts funding for expert witnesses in non-capital postconviction proceedings, violates the Equal Protection Clause of the United States Constitution. Following our review, we affirm the denial of the petition.

Albert J. Hale vs. James Neeley, Commissioner, et al
E2010-00475-COA-R3-CV
Authoring Judge: Presiding Judge Herschel Pickens Franks
Trial Court Judge: Chancellor Thomas R. Frierson, II

Claimant, an employee of Wal-Mart, was charged with possession of cocaine and pled guilty to a misdemeanor possession, and was then discharged for violating company policy. Claimant was not at work nor on Wal-Mart's property when the offense occurred. The agency found that claimant was discharged under disqualifying conditions and denied unemployment benefits. Throughout the appeals process, denial of benefits was upheld. On appeal to this Court, we hold that claimant violated Wal-Mart's policies by failing to report his conviction under a criminal drug statute to his employer within three days as required under the employer's policy. We affirm the denial of unemployment benefits to claimant.

Jeremy Paul Hopkins vs. Bradley County, Tennessee, et al
E2010-00832-COA-R9-CV
Authoring Judge: Presiding Judge Herschel Pickens Franks
Trial Court Judge: Judge Jeri S. Bryant

Plaintiff was incarcerated in jail on an arrest warrant that authorized bail of $1,500.00, which defendants failed to honor until the elapse of a 12 hour period. The trial judge held the defendants violated the statute governing the arrest warrant, and that the violation amounted to a constitutional violation entitling the plaintiff to damages. We granted an interlocutory appeal on these two rulings by the trial judge. We uphold the trial judge's determination that the defendants violated the statute by holding plaintiff for 12 hours before allowing bond, but reverse the trial court's holding that plaintiff's constitutional rights were violated and remand the case to the trial court.

Boyd's Creek Enterprises, LLC., et al vs. Sevier County, Tennessee, a Governmental Corporate Entity, et al
E2009-00702-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Judge O. Duane Sloane

The question before this Court is whether the issuance of a beer permit in violation of a county's distance rule is non-discriminatory if it results from an agreed order resolving litigation. We conclude that a beer board's decision to effectively exempt a single premises or subset of premises from the enforcement of a valid distance rule is impermissibly discriminatory, even if it results from an agreed order. Because the discriminatory issuance of a single permit in violation of a county's distance rule may invalidate the rule, we reverse and remand.

State of Tennessee v. Bruce Franks, Jr.
W2010-00312-CCA-R3-CD
Authoring Judge: Alan E. Glenn, J.
Trial Court Judge: C. Creed McGinley, Judge
The defendant, Bruce Franks, Jr., having presently pled guilty to thirty-eight counts involving vandalism, theft, burglary, and criminal trespass, appeals the trial court's denial of his request for an alternative sentence and the trial court's revocation of his probation in two other cases. After review, we affirm the judgments of the trial court.