Sheila Kay Brown Jones v. Lloyd Kirk Jones
W2003-01676-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Daniel L. Smith

Mary Lee Alford, et al. v. Earl Ray Lumley, et al.
W2002-03051-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Judge Lee Moore

This lawsuit emanates from a 1989 sale of land, which included a portion of land to which the seller did not have title. Two subsequent assignees of the original buyer filed a cause of action against the seller, seeking rescission or reformation of the 1989 transaction and alternate relief. The trial court awarded plaintiffs’ damages and declined to award equitable relief. We affirm.

John Robert Tory, Jr. v. State of Tennessee
E2003-00019-CCA-R3-PC
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Judge Richard R. Baumgartner

This opinion adjudicates John Robert Tory, Jr.'s appeal from the Knox County Criminal Court's denial of his 1994 petition for post-conviction relief. He filed the petition to challenge his 1992 jury convictions of first degree murder and especially aggravated robbery. Following a hearing in which counsel argued but no evidence was presented, the post-conviction court rejected the petitioner's claims that his especially aggravated robbery conviction violated double jeopardy principles, that the trial court erred in not instructing the jury as to second degree murder as a lesser included offense of first degree felony murder, and that trial counsel was ineffective in failing to demand an instruction on second degree murder as a lesser included offense. Because the record and the applicable law support the denial of post-conviction relief, we affirm.

Jesse Cleo Minor v. State of Tennessee
M2002-02378-CCA-R3-PC
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge Cheryl A. Blackburn

The petitioner, Jesse Cleo Minor, entered a best-interest plea to one count of attempted rape of a child. He is currently serving an eight-year sentence. See State v. Jesse Cleo Minor, No. M1998-00424-CCA-R3-CD, 1999 WL 1179143 (Tenn. Crim. App. at Nashville, Dec. 15, 1999). The post-conviction petition at issue herein was filed by the petitioner's daughter Leann Morrison as next friend. The petition alleges that the petitioner is in poor health and suffers from irreversible dementia that seriously affects his cognitive abilities. The petitioner attacks his conviction based upon the following four allegations: (1) he was incompetent and unable to understand the prior proceedings and therefore incapable of entering a voluntary guilty plea; (2) the State failed to disclose material exculpatory evidence; (3) false and/or materially misleading statements were offered to the trial court; and (4) trial counsel was ineffective. We affirm the trial court's dismissal of the post-conviction petition.

State of Tennessee v. Delsie Lucille Sartain
M2002-02617-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge W. Charles Lee

The appellant, Delsie Lucille Sartain, was convicted by a jury for the reckless aggravated assault of a five-month-old baby, which resulted in permanent injuries. Following a sentencing hearing, the trial court imposed a sentence of three years and two months incarceration as a range I standard offender. Sartain appeals the sentencing decision, arguing that the trial court erred by ordering a sentence of total confinement rather than the less restrictive alternative of probation. After review, we find no error and affirm the judgment of the Bedford County Circuit Court.

Four Seasons Heating & Air Conditioning vs. Beers Skanska.
M2002-02783-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Carol A. Catalano
This is a breach of contract case. The defendant general contractor was hired to construct a building on a state college campus. The contractor hired the plaintiff subcontractor to perform substantial work on the job. During the course of the project, the subcontractor sought additional labor costs incurred in the project. This issue was not resolved. Later, the subcontractor sought from the contractor the retainage kept by the contractor. When the check was ready, the subcontractor sent its project manager to retrieve it. In order to get the check, the project manager was required by the contractor to sign a document releasing all claims between the contractor and the subcontractor. Later, the subcontractor filed this lawsuit, seeking the additional labor costs. The contractor filed a motion to dismiss, arguing that, by the project manager's signature on the release, the subcontractor waived its claim to the additional labor costs. The subcontractor argued that its project manager did not have the authority to bind the company to the release. After a hearing, the trial court dismissed the subcontractor's complaint. The subcontractor now appeals. We reverse, finding that the evidence was insufficient to establish as a matter of law that the project manager had actual or apparent authority to bind the subcontractor or to establish as a matter of law that the subcontractor ratified the release signed by the project manager.

Elaine H. Deathridge, et ux vs. Richard T. Barksdale
M2003-00032-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Marietta M. Shipley
Plaintiffs brought action against driver for damages arising from a rear-end automobile collision. Defendant raised affirmative defense of sudden emergency caused by a "phantom" non-party defendant's placing duct work in the roadway. The jury found that Defendant was not at fault. Plaintiffs appeal. We affirm.

Donald Wallace vs. State
M2001-02722-SC-R11-PC
Authoring Judge: Justice E. Riley Anderson
Trial Court Judge: Judge Robert E. Burch

We granted this appeal to determine whether the trial court properly granted the defendant post-conviction relief in the form of a delayed direct appeal on the ground that counsel's failure to file a motion for new trial resulted in the waiver of all issues on direct appeal except for sufficiency of the evidence. The Court of Criminal Appeals dismissed the appeal after concluding that the trial court lacked the statutory authority to grant a delayed appeal and that the defendant had not suffered any prejudice from counsel's performance. After reviewing the record and applicable authority, we conclude that the trial court properly granted a delayed appeal based upon ineffective assistance of counsel. We therefore reverse the Court of Criminal Appeals, affirm the trial court's grant of a delayed appeal, and remand to the Court of Criminal Appeals for review of the issues presented by the defendant's motion for a new trial.

State of Tennessee v. Doyle Gilbert Newsom
M2002-01696-CCA-R3-CD
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge Lee Russell

The defendant, Doyle Gilbert Newsom, was convicted by a Bedford County jury of fifth offense driving under the influence of an intoxicant, driving on a revoked driver’s license, and violation of the implied consent law. He received sentences of six years at 60% incarceration as a career D.U.I. offender, and 11 months, 29 days for driving on a revoked license. In this appeal the defendant claims that: (1) the evidence is insufficient to support the D.U.I. conviction because the testimony of an accomplice was not sufficiently corroborated; (2) he was improperly sentenced to 11 months, 29 days for driving on a revoked license; and (3) the prior judgments of conviction are invalid. We find no merit to any of these contentions. Therefore, the judgments of the trial court are affirmed.

State of Tennessee v. Mindy Sue Dodd
M2002-01882-CCA-R3-CD
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge James K. Clayton, Jr.

The defendant, Mindy S. Dodd, appeals from her convictions by a jury in the Rutherford County Circuit Court of first degree murder and conspiracy to commit first degree murder. She received sentences of life and twenty years, respectively, to be served concurrently in the Department of Correction. The defendant contends that the evidence is insufficient to support either conviction. We affirm the judgments of conviction.

State of Tennessee v. Danny Johnson
M2002-02139-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge Buddy D. Perry

The appellant, Danny Johnson, was convicted by a Sequatchie County jury of two counts of rape of a child, Class A felonies, and one count of aggravated sexual battery, a Class B felony. Following a sentencing hearing, the trial court sentenced the appellant to an effective sentence of twenty-one years in the Tennessee Department of Correction. On appeal, the appellant challenges (1) the selection process of the venire from which grand and petit jurors were selected; (2) the trial court's failure to allow into evidence as an excited utterance the statement of Thomas Zervos regarding prior abuse of the victim; and (3) the sufficiency of the evidence. Upon review of the record and the parties' briefs, we affirm the judgments of the trial court.

In re: K.N.R., et al
M2003-01301-COA-R3-PT
Authoring Judge: Judge Frank Clement, Jr.
Trial Court Judge: Max D. Fagan

In re: K.N.R., et al
M2003-01301-COA-R3-PT
Authoring Judge: Judge Frank Clement, Jr.
Trial Court Judge: Max D. Fagan

State of Tennessee v. Benton William Pamplin
M2002-00408-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge Lee Russell

The appellant, Benton William Pamplin, was convicted by a Bedford County jury of simple assault and resisting arrest. On appeal, Pamplin presents two issues for our review: (1) whether the trial court committed reversible error by refusing to strike, for cause, a prospective juror who was a uniformed deputy sheriff and whose office presented testimony at the trial, and (2) whether the evidence was sufficient to sustain the verdicts. After review, we conclude that the trial court's refusal to strike the prospective juror constituted reversible error in that it denied Pamplin his right to a fair and impartial jury. Accordingly, the judgments of conviction are reversed and the case is remanded for a new trial.

State of Tennessee v. Christopher Todd Whitaker
E2003-00817-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Robert E. Cupp

The Washington County Grand Jury indicted the defendant, Christopher Whitaker, for three counts of robbery, and one count of theft valued over $500. The defendant pled guilty to all four counts. Following a sentencing hearing, the trial court denied the defendant's request for alternative sentencing and sentenced the defendant to serve six years in prison. The defendant appeals, contending that the trial court erred when it denied his request for alternative sentencing. Finding no reversible error, we affirm the trial court's judgments.

Michael J. Grant v. State of Tennessee - Dissenting
E2003-00637-CCA-R3-PC
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge R. Steven Bebb
I respectfully dissent. The majority opinion summarily concludes that the petitioner could not “reasonably” rely on counsel’s assurances regarding his release. In essence, the opinion stands for the proposition that post-conviction relief will never be justified based upon counsel’s assurances regarding parole. I do not believe such to be true.

Michael J. Grant v. State of Tennessee
E2003-00637-CCA-R3-PC
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge R. Steven Bebb
The petitioner appeals the summary dismissal of his post-conviction petition. The petitioner alleges his untimely petition should be tolled on due process grounds because of reliance on counsel’s “guarantee” of release from incarceration after serving 30% of his sentence. We affirm the summary dismissal for failure to file for post-conviction relief within the one-year statute of limitations provided in Tennessee Code Annotated section 40-30-202(a) and affirm.

State of Tennessee v. Dedrick Dewayne Chism
W2002-01887-CCA-R3-CD
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge Julian P. Guinn

A Henry County Circuit Court jury convicted the defendant, Dedrick Dewayne Chism, of two counts of selling more than one-half gram of cocaine, a Class B felony, and the trial court sentenced him as a Range II, multiple offender to twelve years for each conviction to be served concurrently. The defendant appeals, claiming that (1) the evidence is insufficient to support his convictions, (2) the state improperly withheld an exculpatory witness’s name from the defense, and (3) the trial court erred by refusing to allow the defense to impeach a state witness with his prior conviction and bad acts. We affirm the judgments of the trial court.

State of Tennessee v. Jarvis Williams and John Williams
W2002-03010-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge Joseph B. Dailey

Defendant Jarvis Williams was convicted of seven counts of especially aggravated kidnapping and four counts of aggravated robbery. He was sentenced to an effective term of 360 years in the Department of Correction for these offenses. In this direct appeal, he challenges the length of his sentence. Co-defendant John Williams was convicted of five counts of especially aggravated kidnapping and three counts of aggravated robbery. He was sentenced to an effective term of 161 years in the Department of Correction for these offenses. In this direct appeal, he challenges the sufficiency of the evidence and the length of his sentence. We affirm the judgments of the trial court in all respects.

State of Tennessee v. Howard Duty, Jr.
E2002-01772-CCA-R3-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Judge R. Jerry Beck

Convicted by a jury of assault and aggravated stalking, the defendant, Howard Duty, Jr., appeals. In addition to claiming that his convictions are not supported by sufficient evidence, he claims it was error for the trial court to enhance a charge of misdemeanor stalking to the felony of felony stalking. The lower court imposed the felony stalking conviction based upon a previous conviction of stalking that was adjudicated after the commission of the offense in the present case. Based upon our review, we conclude that sufficient evidence supports the stalking conviction; however, the aggravation of the stalking offense to a felony was improper. Thus, the lower court's actions are reversed in part and affirmed in part.

Clement Bernard vs. Sumner Regional Health System
M2002-02962-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Tom E. Gray
This case was dismissed by the trial court on summary judgment for res judicata. Plaintiff had previously filed an action against the same defendant for actions of defendant surrounding a sexual harassment allegation. The previous action was for procurement of breach of contract and defamation. A final judgment has been rendered in that case. The current action is for failure to follow internal procedures resulting in breach of contract. The issue to be decided on appeal is whether these two cases involve the same "cause of action" necessary for a finding of res judicata. We find that they do involve the same "cause of action" and affirm the trial court's decision.

Erik Maasikas vs. Metropolitan Government of Nashville and Davidson County
M2002-02652-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Ellen Hobbs Lyle
Appellant, a former Metropolitan Nashville police officer, appeals an adverse judgment of the Chancery Court of Davidson County wherein that court affirmed the decision of the Metropolitan Civil Service Commission imposing a two-day suspension for a disciplinary infraction. We affirm the trial court.

Thomas G. Hyde vs. Ishikawa Gasket America
M2002-02653-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Robert E. Corlew, III
This case involves the breach of a contract when defendant refused to pay fees to which plaintiff claims an entitlement. The trial court below found that, under the facts of the case, the contract did not apply and, therefore, refused to award plaintiff its fees. Instead, the trial court awarded plaintiff a lesser amount under the theory of quantum meruit. Plaintiff timely appealed that decision and, for the reasons stated below, this Court reverses the ruling of the lower court.

Alice Hale vs. Wayne Culpepper
M2002-01955-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: L. Craig Johnson
Following the death of a child's mother, the maternal grandmother filed a petition to establish grandparent visitation with her grandson. After a hearing where the trial court heard testimony and after an independent psychological report, the trial court awarded visitation to the grandmother. The father appeals, arguing that the evidence preponderates against the trial court's decision. Because the record contains no evidence of danger of substantial harm to the child, we reverse the decision of the trial court.

Alan Reece Cunningham vs. Sylvia Delain Cunningham
M2002-01659-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: Nolan R. Goolsby
The case involves the dissolution of a marriage of seven years. The trial court granted the divorce to the wife, divided the marital property between the parties in roughly equal proportions, found that the wife was not economically disadvantaged, and declined to award her any form of alimony. The wife appeals the court's alimony decision. We find the wife is entitled to alimony because, contrary to the trial court's finding, we believe the evidence shows that she is economically disadvantaged when compared to her former spouse. We modify the judgment to award her alimony in solido.