Helen Ashe vs. Thomas McDonald, M.D.
E2000-03151-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: Dale C. Workman
Jury returned verdict for plaintiff in medical malpractice action. Defendant has appealed, raising issues of Judge's conduct, admission in evidence of depositions, failure of Court to direct verdict, failure to charge comparative fault and excessiveness of costs awarded. We affirm.

State of Tennessee v. Mark A. Caldwell
E2001-00321-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Gary D. Gerbitz

The defendant was convicted of first degree premeditated murder, first degree felony murder, and especially aggravated robbery, with the murder convictions merged into a single conviction for first degree murder following the jury's verdict. The jury sentenced him to life imprisonment on the murder conviction, and the trial court sentenced him to twenty-two years on the especially aggravated robbery conviction, to be served concurrently to the life sentence. Following the denial of his motion for a new trial, the defendant filed a timely appeal to this court, raising four issues: (1) whether the evidence was sufficient to support his convictions; (2) whether the trial court erred in allowing testimony about a statement of denial he made to police; (3) whether the trial court erred in allowing a photograph of the victim's body to be introduced into evidence; and (4) whether the jury should have been instructed that the State had taken the position, in a dismissed conspiracy indictment, that the defendant's accomplice was the shooter. After a careful review, we affirm the judgment of the trial court but remand for entry of corrected judgments.

Magdalene Miller vs. Mt. Laurel Chalets
E2001-00863-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Richard R. Vance
Magdalene A. Miller fell down a flight of stairs at a rental chalet in Gatlinburg. She and her husband, Robert Miller, sued Bob Light, the owner of the chalet, and Mt. Laurel Chalets, Inc., the rental agent for the chalet. Both defendants filed a motion for summary judgment. Both motions were granted. We affirm.

Sharon Stinnett vs. David Ferguson
E2001-02031-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: William R. Brewer
In this divorce action, the issue on appeal is whether the Trial Court placed the correct value on the marital equity in wife's motel property. We affirm the value determined by the Trial Court.

Fifth Third Leasing Co. vs. Cherokee Pontiac
E2001-01628-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: John K. Wilson
The Trial Court entered summary judgment for lessor against dealer under contract to purchase vehicles from dealer. Dealer's counter-complaint for damages was dismissed. Dealer appeals dismissal, contending claim sounds in tort and/or limitation of liability in contract is unenforceable. We affirm.

Situated, And Kita Swandi And Toby Silvers v. Timothy
E2001-01504-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks

Gary Aumaugher vs. Deborah Aumaugher
E2001-01786-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: John O. Gibson
The Petitioner, Deborah Jo Aumaugher, appeals a judgment of the General Sessions Court of Loudon County, contending, among other things, the Trial Court was prejudiced against her and also committed a number of other errors. Because we have no transcript of the hearing which resulted in the order she assails, we are unable to address the merits of this appeal. We accordingly affirm the judgment of the Trial Court.

2001-00665-COA-R3-CV
2001-00665-COA-R3-CV
Trial Court Judge: W. Dale Young

2001-02669-COA-R3-CV
2001-02669-COA-R3-CV
Trial Court Judge: Dale C. Workman

Jack Colboch v. Quality Ford, Inc.,
2001-01220-COA-R3-CV
Trial Court Judge: Kindall T. Lawson

Alan Dale Bailey v. State of Tennessee
M2001-01018-CCA-R3-PC
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Judge L. Craig Johnson

The petitioner, Alan Dale Bailey, appeals the Coffee County Circuit Court's denial of post-conviction relief. The petitioner sought relief from his 1999 Coffee County convictions of aggravated burglary and sexual battery on the basis that his guilty pleas to those charges were unknowing and involuntary and were prompted by ineffective assistance of counsel. The petitioner's primary complaints focus upon trial counsel's failure to inform the petitioner about the impact of a conviction of a sexual offense, including the risk that parole might not be granted. The trial court denied relief after an evidentiary hearing, and we affirm.

State of Tennessee v. Anthony Norfleet
W2000-02229-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Chris B. Craft

Defendant was convicted by a jury of aggravated robbery. Defendant appeals on three grounds: (1) that insufficient evidence exists to uphold the conviction, (2) that the trial court erred in failing to instruct the jury as to the lesser-included offense of theft, and (3) that the trial court erred in rejecting defendant's guilty plea. We conclude there was no error and affirm.

State of Tennessee v. Jermaine Driver
W2001-00376-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Joseph B. Dailey

The defendant, Jermaine Driver, appeals his conviction of attempted first-degree murder, which was based on an assault by the defendant and two other men upon the victim. After a thorough review of the record, we conclude that there is sufficient evidence to establish that the assault was a premeditated and intentional attempt to kill the victim. The judgment of the trial court is affirmed.

Marvin Anthony Mathews v. State of Tennessee
W2000-01893-CCA-R3-PC
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge L. Terry Lafferty

The petitioner, Marvin Anthony Mathews, is currently serving a life sentence as an habitual criminal as a result of a larceny conviction. He filed for post-conviction relief, which petition the post-conviction court dismissed because of its untimeliness. The petitioner now appeals this ruling, arguing that the post-conviction court erred in finding the petition to be time-barred because the petitioner is serving an illegal sentence. Upon review of the record and the parties’ briefs, we affirm
the judgment of the post-conviction court.

State of Tennessee v. Maurice LaShaun Nash
W2000-02971-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge Joseph H. Walker, III

The Appellant, Maurice LaShaun Nash, was found guilty by a Tipton County jury of possession of a Schedule VI controlled substance with the intent to deliver, a Class E felony. The trial court sentenced Nash, as a Range I standard offender, to eighteen months in the Department of Correction. On appeal, Nash raises three issues for our review: (1) whether the search warrant was issued upon probable cause; (2) whether introduction of Nash's presence during a prior drug sale at the same residence constituted evidence of a prior bad act in violation of Rule 404(b) of the Tennessee Rules of Evidence; and (3) whether the evidence presented at trial was sufficient to support the verdict. After review, we find the issues presented are without merit. Accordingly, the judgment of conviction is affirmed.

State of Tennessee v. Maurice LaShaun Nash
W2000-02971-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge Joseph H. Walker, III

The Appellant, Maurice LaShaun Nash, was found guilty by a Tipton County jury of possession of a Schedule VI controlled substance with the intent to deliver, a Class E felony. The trial court sentenced Nash, as a Range I standard offender, to eighteen months in the Department of Correction. On appeal, Nash raises three issues for our review: (1) whether the search warrant was issued upon probable cause; (2) whether introduction of Nash's presence during a prior drug sale at the same residence constituted evidence of a prior bad act in violation of Rule 404(b) of the Tennessee Rules of Evidence; and (3) whether the evidence presented at trial was sufficient to support the verdict. After review, we find the issues presented are without merit. Accordingly, the judgment of conviction is affirmed.

Hugh Peter Bondurant and Kenneth Patterson Bondurant v. Ricky Bell, Warden, et al.
M2001-00143-CCA-R3-CO
Authoring Judge: Presiding Judge Gary R Wade
Trial Court Judge: Judge Cheryl A. Blackburn

The petitioners, Hugh Peter Bondurant and Kenneth Patterson Bondurant, appeal the summary dismissals of their petitions for habeas corpus relief. In this appeal of right, each alleges that his sentence was illegally imposed. Because the judgments are facially valid, the judgments of the trial court are affirmed.

Terilyn Sloan, v. Tri-County Electric Membership Corp., et al.
M2000-01794-COA-R3-CV
Authoring Judge: Judge Patricia J. Cottrell
Trial Court Judge: Judge Clara W. Byrd

Plaintiff married her co-worker, and one of them was forced to resign pursuant to the company's anti-nepotism policy prohibiting concurrent employment of spouses. Plaintiff resigned and brought this action for wrongful discharge alleging her dismissal violated public policy favoring marriage and was due to her exercise of the fundamental right to marry. The trial court dismissed for failure to state a cause of action. Because Plaintiff has failed to show that a policy prohibiting concurrent employment of spouses violates a clear mandate of public policy, we affirm the trial court.

State of Tennessee v. Jerry W. Yancey, Jr.
M1999-02131-SC-R11-CD
Authoring Judge: Justice E. Riley Anderson
Trial Court Judge: Judge Timothy L. Easter

We granted this appeal to determine the following issues: (1) whether the Court of Criminal Appeals, in reviewing the denial of pretrial diversion, erred by considering evidence presented at trial and failing to limit its review to evidence considered by the district attorney general; and (2) whether the trial court applied the correct standard in reviewing the district attorney general’s denial of pretrial diversion pursuant to a petition for writ of certiorari. After a thorough review of the record and relevant authority, we hold that in reviewing the denial of pretrial diversion, the Court of Criminal Appeals erred in failing to limit its review to the evidence that was considered by the district attorney general and any factual disputes resolved by the trial court. We also hold that in considering the petition for writ of certiorari, the trial court failed to apply the proper standard of review, which requires that it determine whether the district attorney general has considered and weighed all of the relevant factors and whether there is substantial evidence to support the district attorney general’s decision. Accordingly, the judgment of the Court of Criminal Appeals is reversed, and this case is remanded to the trial court to apply the appropriate standard of review.

State of Tennessee v. Jerry W. Yancey, Jr. - Dissenting
M1999-02131-SC-R11-CD
Authoring Judge: Justice Janice M. Holder
Trial Court Judge: Judge Timothy L. Easter

An abuse of discretion in denying pretrial diversion should be found only when the record
shows an absence of any substantial evidence supporting the district attorney general’s decision.
State v. Pinkham, 955 S.W.2d 956, 960 (Tenn. 1997); State v. Hammersley, 650 S.W.2d 352, 356
(Tenn. 1983). When the reasons cited by the district attorney general are sufficient to support the
denial of pretrial diversion, I would hold that there is no abuse of discretion in the district attorney
general’s failure to make specific reference to every non-statutory, judicially-imposed factor. I
continue to adhere to my separate opinion in State v. Curry, 988 S.W.2d 153 (Tenn. 1999), and
therefore must respectfully dissent.

State of Tennessee v. Anthony Dewayne McElrath
W2000-02241-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge C. Creed McGinley
Following a jury trial, Defendant, Anthony Dewayne McElrath, was found guilty of sale of cocaine, a Class B felony. In this appeal, he challenges the sufficiency of the evidence to sustain the conviction, and argues that he was so prejudiced by the trial court's comments to a witness called by the defense, that the conviction should be reversed. After a thorough review of the record, we affirm the judgment of the trial court.

State of Tennessee v. Donald Mays
W2001-00030-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge Joseph B. Dailey

The Appellant, Donald Mays, appeals the verdict of a Shelby County jury finding him guilty of one count of aggravated robbery and two counts of especially aggravated kidnapping. Mays was sentenced to 30 years for aggravated robbery and to 60 years on each count of kidnapping. The kidnapping sentences were ordered to be served concurrently, but consecutive to the aggravated robbery sentence, for an effective sentence of 90 years. On appeal, Mays raises the following issues for our review: (1) whether the evidence presented at trial is sufficient to support the verdict; (2) whether there was a material variance between the indictment and the proof; and (3) whether Mays' two convictions for kidnapping constitute double jeopardy. After review, we find Mays' multiple convictions for kidnapping violate double jeopardy principles. Accordingly, one count of kidnapping is dismissed. In all other respects, the remaining judgments of conviction are affirmed.

State of Tennessee v. George Langford
W2001-00371-CCA-R3-PC
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge Chris B. Craft

The Defendant, George Langford, was convicted of first degree felony murder, aggravated burglary, aggravated assault, and reckless endangerment. He was sentenced to life without the possibility for parole for the murder and to concurrent sentences of four, five, and two years for the other crimes respectively. The Defendant appealed his convictions and this Court affirmed the convictions and the sentences. Our supreme court granted the Defendant's application for appeal and also affirmed his convictions and sentences. The Defendant then filed a petition for post-conviction relief alleging ineffective assistance of counsel. The trial court dismissed the petition. The Defendant now appeals to this Court alleging that the trial court erred in denying him relief. We affirm the judgment of the trial court.

State of Tennessee v. James Roosevelt Fleming, aka "Woo"
W2001-01835-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Joseph H. Walker, III

The defendant was convicted of three counts of delivery of .5 grams or more of cocaine, a Schedule II controlled substance, and one count of simple possession of cocaine. The trial court imposed an effective sentence of twenty-six years. On appeal, the defendant argues that his sentences were excessive and the trial court erred in imposing consecutive sentencing. After a careful review of the record, we affirm the judgment of the trial court but remand for entry of corrected judgments in Counts 2 and 3.

State of Tennessee v. Javon Webster
W2000-01912-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge Chris B. Craft

The Defendant, Javon Webster, was convicted of felony murder and attempted especially aggravated robbery. The trial court sentenced the Defendant to life in the Department of Correction for the felony murder conviction. The trial court merged the Defendant's attempted especially aggravated robbery conviction with the felony murder conviction. On appeal, the Defendant contends that (1) the evidence is insufficient to support the convictions, (2) the trial court erred by admitting photographs of the deceased, (3) the trial court erred by denying the Defendant's request for a special jury instruction on duress, and (4) the trial court erred by denying the Defendant's motion to suppress his statement to police. The State also raises an issue on appeal, arguing that the trial court erred by merging the Defendant's conviction for attempted especially aggravated robbery into his felony murder conviction. We affirm the felony murder conviction and reinstate and remand for sentencing the especially aggravated robbery conviction.