Joseph Shepherd v. State of Tennessee
E2002-01455-CCA-R3-PC
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge William H. Inman

Prior to this appeal, the petitioner, Joseph Shepherd, was convicted of involuntary manslaughter in one proceeding, and, in a separate proceeding, he was convicted of felony murder and aggravated assault. He is currently serving a life sentence. The petitioner filed a petition for post-conviction relief in each case, raising several issues, including ineffective assistance of counsel. The post-conviction court denied relief in both cases and the petitioner appealed. Upon review of the record and the parties' briefs, we affirm the judgment of the post-conviction court.

Donald Freeman v. Lynn Freeman
M2002-02558-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Muriel Robinson
This appeal involves a former husband's attempt to modify or terminate an alimony award to his former wife because of a change of circumstances. Primarily, husband asserts that he is retired, and his income and assets have been drastically reduced to the extent that he is unable to pay the alimony awarded. Wife filed a petition to hold husband in contempt for his failure to pay the alimony installments accrued. After a non-jury hearing, the trial court dismissed husband's petition and granted wife's petition holding husband in civil contempt of court. Husband appeals. We affirm.

Brenda King v. Danny King
M2002-01897-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: Marietta M. Shipley
Former Husband sought to accelerate former Wife's repayment of alimony overpayments that accrued between the divorce and this court's modification of the original award of alimony. Former Husband argues the trial court abused its discretion when it did not establish a reasonable repayment plan. Because we find the trial court did not abuse its discretion in fashioning a repayment plan, we affirm the trial court.

W2003-01162-COA-R9-CV
W2003-01162-COA-R9-CV
Trial Court Judge: John R. Mccarroll, Jr.

Charles Larry Honeycutt v. Ann Marie Migliaccio
W2003-00233-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Arnold B. Goldin

Anthony Phillips v. State of Tennessee
W2002-03004-CCA-R3-PC
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge Bernie Weinman

The petitioner appeals the summary dismissal of his post-conviction relief petition based upon the expiration of the statute of limitations. He argues: (1) due process required the post-conviction court to hear his petition because of his attorney’s inaction even though it was filed outside the statute of limitations; and, regardless, (2) his convictions should be set aside because they are based on void indictments. We affirm the judgment of the post-conviction court.

State of Tennessee v. Oscar C. Wells
W2002-01486-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge James C. Beasley, Jr.

The appellant, Oscar C. Wells, was convicted in the Shelby County Criminal Court of one count of first degree murder and one count of especially aggravated robbery. The appellant received a total effective sentence of life plus ten years. On appeal, the appellant challenges his arrest without a warrant and the trial court’s failure to suppress the appellant’s statement which was taken after his arrest. Upon review of the record and the parties’ briefs, we affirm the judgments of the trial court.

Cynthia Faye Davis v. Terry Reggie Davis
W2002-02998-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: George R. Ellis

Estelle Frame vs. Kenneth Frame Jr.
W2002-00490-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Robert L. Childers
This is a father's appeal of an order which, inter alia, increased a child support obligation based upon the finding of willful and voluntary unemployment. On mother's motion, the appeal is dismissed for failure to timely file a notice of appeal pursuant to Tenn. R. App. P. 4.

Stephanie Sansom v. Lookout Knitwear, Llc,
E2002-02226-WC-R3-CV
Authoring Judge: Roger E. Thayer, Sp. J.
Trial Court Judge: Hon. W. Frank Brown III, Chancellor
The trial court awarded the employee 6 percent permanent partial disability to her left arm and found her shoulder injury to be compensable but no permanent injury. The judgment is affirmed as to the award of 6 percent disability to the arm and the allowance of temporary total disability benefits; the judgment is reversed as to the shoulder injury and the commutation of periodic benefits; and the judgment allowing reimbursement of medical expenses is modified.

Elbert M. Marable v. State of Tennessee
M2002-02122-CCA-R3-PC
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge James K. Clayton, Jr.

The Appellant, Elbert M. Marable, appeals the dismissal of his petition for post-conviction relief by the Rutherford County Circuit Court. Pursuant to a negotiated plea agreement, Marable pled guilty to aggravated assault and was sentenced to three years in the Department of Correction as a Range I offender. On appeal, Marable presents the following issues for our review: (1) whether his plea was voluntarily and intelligently entered and (2) whether he was denied the effective assistance of counsel. After consideration of the entire record, we conclude that Marable's plea was not voluntarily and intelligently entered. Accordingly, his conviction for aggravated assault is vacated and this case is remanded to the trial court.

Dept. Children Serv. vs. Ericka Everson
W2002-01085-COA-R3-JV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Charles V. Moore
This case involves the termination of parental rights. The two children lived with their single mother in Arkansas. The mother and children stayed temporarily with the children's grandfather in Arkansas, who sexually abused one of the children. After the grandfather threatened the mother, she and the children went to Tennessee and stayed with the children's grandmother. The mother went back to Arkansas and left the children with the grandmother in Tennessee. The grandmother repeatedly sought medical attention for one of the children. A physician determined that the child was a victim of Manchausen Syndrome by Proxy, a form of child abuse in which the caretaker exaggerates or secretly induces symptoms of illness in the victim and then seeks medical attention for the victim's "illness." Both children were taken into custody by the Tennessee Department of Children's Services. A permanency plan was designed for the children's mother. The mother failed to comply with the permanency plan, provide support for the children, or visit the children on a regular basis. In addition, she abducted the children from foster care and would not protect them from the abusive grandmother. The State filed a petition to terminate the mother's parental rights. The trial court granted the petition, and the mother appeals. We affirm, finding that termination of the mother's parental rights was warranted on several grounds and that termination was in the children's best interest.

W2002-02221-COA-R3-CV
W2002-02221-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby

Ursula Wimpee v. Grange Mutual Casualty Company
W2002-02795-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: John R. Mccarroll, Jr.

W2002-01945-COA-R3-CV
W2002-01945-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Walter L. Evans

Leslie M. Buchholz v. Tennessee Farmers Life
W2002-02989-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Joe C. Morris

State of Tennessee v. Latrece Jones
E2002-00893-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Rebecca J. Stern

A jury found the defendant guilty of criminally negligent homicide. The trial court sentenced her as a mitigated offender to .9 years of unsupervised probation. The defendant appeals her conviction and alleges that the trial court erroneously allowed the improper admission of evidence regarding child restraint laws and insufficient evidence to support a conviction. After careful review, we affirm the judgment of the trial court.

Kassandra Greene vs. Tarry Greene
E2002-02611-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: L. Marie Williams
The Trial Court granted divorce, divided the marital assets, and assigned debts. The husband has appealed. We affirm.

E2002-02809-COA-R3-CV
E2002-02809-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: John F. Weaver

Marion Mitchell v. Patricia Mitchell
E2002-03030-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: William E. Lantrip
This is a post-divorce proceeding. Patricia Mitchell ("Wife") filed a petition seeking to modify the parties' previously-modified judgment of divorce. She alleged a change of circumstances and sought "an increased alimony award." Some 23 months later, and at a regularly scheduled hearing on the merits, the trial court denied Wife's motion for a continuance and dismissed her petition against Marion Mitchell ("Husband"). The trial court subsequently denied Wife's motion to reconsider. Wife appeals, asserting that the trial court erred in failing to grant her motion for continuance and in failing to reconsider that decision. We affirm.

State of Tennessee v. Glen Chandler
M2002-00207-CCA-R3-CD
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge Timothy L. Easter
The appellant, Glen Chandler, was convicted in a jury trial of the offenses of attempted first degree murder, attempted second degree murder, attempted voluntary manslaughter, and reckless endangerment. He was sentenced to an effective thirty-eight-years, eleven months and twenty-nine days sentence. In this appeal the appellant maintains the State failed to carry its burden of proof on the question of the appellant's sanity. He also argues that the trial court erred in failing to set aside the guilty verdict of attempted first degree murder because the proof established that the appellant was incapable of premeditation. After a review of the record and the applicable authorities we conclude that the State is not under any burden of proof with respect to the question of sanity in a criminal prosecution. We further find that the appellant has failed to establish that considering the evidence in the light most favorable to the prosecution, no reasonable trier of fact could have failed to find that the appellant’s insanity at the time of the offense was established by clear and convincing evidence. Finally, there is ample proof in the record from which any rational trier of fact could conclude that the appellant premeditated his attempt to kill Detective James Bentley. Thus, the evidence is sufficient to support the verdict of attempted first degree murder.

W2002-02672-COA-R3-JV
W2002-02672-COA-R3-JV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Sam C. Nailling

State of Tennessee v. Reginald Derell Baldon
W2002-01766-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Joseph H. Walker, III

A Lauderdale County jury convicted the Defendant, Reginald Derell Baldon, of three counts of burglary, three counts of vandalism over $1,000, one count of theft over $1,000, one count of vandalism over $500, and four counts of misdemeanor theft stemming from three separate break-ins. He was sentenced to an effective term of twenty years. On appeal, the Defendant argues: (1) the evidence was insufficient to support his convictions; (2) the State failed to provide proper discovery pursuant to Tennessee Rule of Criminal Procedure 16; (3) the trial court erred in denying a motion for mistrial due to the prosecutor’s reference to the Defendant’s failure to testify; and (4) the trial court erred in refusing to instruct the jury on aggravated criminal trespass as a lesser-included offense of burglary. We also address whether lost evidence deprived the Defendant of a fair trial. We modify the judgment on one of the vandalism convictions to properly reflect the jury’s verdict, although this modification does not change the effective sentence of twenty years. Otherwise, we affirm the judgments of the trial court.

Jason Reaves v. State of Tennessee
W2002-02540-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Arthur T. Bennett

The Defendant was convicted in general sessions court of Driving While Under the Influence and “Refusal to Submit.” He appealed his convictions and sentences to the Criminal Court for Shelby County. The Defendant failed to appear for his initial court hearing in criminal court, and a capias was issued for his arrest. The Defendant was arrested on the capias, posted bond, and subsequently appeared one hour late for a hearing in criminal court. The criminal court dismissed the appeal and remanded the case to general sessions court for the execution of the original judgments. This appeal ensued, in which the Defendant argues (and the State concedes) that the criminal court erred by dismissing the appeal and remanding the case to general sessions court. We agree and reverse the judgment of the criminal court.

State of Tennessee v. Guadalupe Steven Mendez
E2002-01826-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge Lillie Ann Sells

The Defendant, Guadalupe Steven Mendez, was convicted by a jury of aggravated rape and especially aggravated sexual exploitation of a minor. The trial court sentenced the Defendant to terms of twenty-four years for the aggravated rape and ten years for the sexual exploitation. These sentences were ordered to be served concurrently to each other but consecutively to a prior sentence. In this direct appeal, the Defendant challenges the sufficiency of the evidence in support of the aggravated rape conviction, and further complains that his sentence is excessive. We affirm the judgments of the trial court.