State of Tennessee v. Steven A. Norvell
M2002-01866-CCA-R3-CD
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge Frank G. Clement, Jr.

The defendant, Steven A. Norvell, was convicted by a Davidson County Criminal Court jury of driving under the influence (DUI), third offense, a Class A misdemeanor. The trial court sentenced him to eleven months, twenty-nine days to be served as one hundred forty days in jail and the remainder on probation. In addition, the trial court ordered that he participate in an alcohol evaluation and treatment program, suspended his driving privileges for three years, and imposed a one thousand one hundred dollar fine. The defendant contends that the evidence is insufficient to support his conviction because the state offered no proof that the result of his breathalyzer test was accurate. We affirm the judgment of the trial court.

Andrew Levi Jefferson v. State of Tennessee
M2002-01604-CCA-R3-PC
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Judge Steve R. Dozier

The petitioner, Andrew Levi Jefferson, appeals from the Davidson County Criminal Court's denial of post-conviction and habeas corpus relief. In his amended, combined petitions for relief, the petitioner challenges his 2001, guilty-pleaded convictions of second degree murder and attempt to commit especially aggravated robbery. On appeal, the petitioner claims post-conviction relief because his trial counsel were ineffective in failing to defeat the transfer of the petitioner's case from juvenile court to criminal court, in preventing the petitioner from testifying at the transfer hearing, by failing to investigate and discover the petitioner's mental status, and in failing to present a critical issue in pretrial motions. Also, the petitioner claims that his guilty pleas were involuntary and unknowing and that he was denied due process because he was not allowed to testify in the juvenile court transfer hearing. In his joined claim for habeas corpus relief, the petitioner claims that, because of errors in the transfer from juvenile court, the criminal court lacked jurisdiction to adjudicate his case. Based upon our review, we find no reversible error and affirm the actions of the post-conviction court.

Dept.of Child.Services vs. G.C.
E2003-01532-COA-R3-CV
Trial Court Judge: Suzanne Bailey
The trial court terminated the parental rights of G.C. ("Mother") with respect to her minor children, I.A.J.C. (DOB: April 3, 1999), M.L.K.L.II (DOB: July 31, 2000), and J.E.L. (DOB: July 22, 2002). Mother appeals, arguing that the evidence preponderates against the trial court's finding, by clear and convincing evidence, that statutory grounds exist for termination. We affirm.

Bridgecourt Apartments vs. Carmen Ellerbe
E2003-01298-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: Daryl R. Fansler
Plaintiff paid off mortgage on apartments and then sued for an accounting, alleging overpayment. The Trial Court invoked the voluntary payment rule and dismissed the case. On appeal, we affirm.

Frank Robert Bigsby v. State of Tennessee - Dissenting
M2002-02260-CCA-R3-PC
Authoring Judge: Presiding Judge Gary R. Wade
Trial Court Judge: Judge James K. Clayton, Jr.
I write separately because I believe that in this instance the post-conviction court's failure to make specific findings of fact does not preclude appellate review. Tennessee Code Annotated section 40-30-211 provides, in pertinent part, as follows:(b) Upon the final disposition of every petition, the court shall enter a final order, and except where proceedings for delayed appeal are allowed, shall set forth in the order or a written memorandum of the case all grounds presented, and shall state the findings of fact and conclusions of law with regard to each such ground.

Frank Robert Bigsby v. State of Tennessee
M2002-02260-CCA-R3-PC
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge James K. Clayton, Jr.
The Appellant, Frank Robert Bigsby, appeals the Rutherford County Circuit Court’s dismissal of his petition for post-conviction relief. The sole issue in this appeal is whether Bigsby was denied the effective assistance of counsel. We are precluded, however, from reviewing this issue based upon the post-conviction court’s failure to make discernable findings of fact and conclusions of law, as required by Tennessee Code Annotated § 40-30-111(b) (2003). Accordingly, this case is remanded for further proceedings consistent with this opinion.

State of Tennessee v. Mark Maynard
M2002-02466-CCA-R3-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Judge Michael R. Jones

The defendant, Mark Steve Maynard, appeals from the Montgomery County Circuit Court's ruling on a probation violation warrant. On September 11, 2002, the court revoked the defendant's October 20, 2000 probation that had resulted from four felony bad check convictions. The court ordered the defendant to serve his original effective sentence of eight years in the Department of Correction. Although the defendant admitted that he had violated his probation, he challenges the trial court's decision to require him to serve the original sentences in incarceration. Discerning no error in the lower court's judgment, we affirm.

Shannon Pattum v. State of Tennessee
M2002-02435-CCA-R3-PC
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Judge Seth W. Norman

The petitioner, Shannon Pattum, appeals from the Davidson County Criminal Court’s denial of post-conviction relief. He claims that his 1999 conviction for attempt to commit second degree murder is the result of ineffective assistance of counsel and an unknowing, involuntary guilty plea. The lower court disagreed and dismissed the petition. Upon our review of the record, the briefs of the parties, and the applicable law, we affirm.

Michael T. Guthrie v. State of Tennessee
M2003-00832-CCA-R3-PC
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge W. Charles Lee

The petitioner appeals the summary dismissal of his post-conviction petition, alleging that proof of counsel's substance abuse was a "late-arising" claim that involved due process concerns. The petitioner also challenged his hybrid sentence as to voluntary manslaughter as illegal and unconstitutional. We affirm the trial court's dismissal.

Bobby D. Canada v. State of Tennessee
E2003-00804-CCA-R3-PC
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge E. Shayne Sexton

The petitioner was indicted for first degree murder and aggravated arson. Pursuant to a plea agreement, he pled guilty to second degree murder and setting fire to personal property. The petitioner filed for post-conviction relief, contending that he received ineffective assistance of counsel and that his guilty plea was not knowing and voluntary. The post-conviction court denied the petitioner relief. The judgment of the post-conviction court is affirmed.

Walter E. Grantham, IIl vs. Robert Larry McGill
E2003-02005-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: Howell N. Peoples
Mary Frances McGill sued Robert Larry McGill ("Defendant") seeking return of personal property and claiming fraudulent execution of a deed to real property. Ms. McGill died and Walter E. Grantham, II, Administrator C.T.A. of the Estate of Mary Frances McGill ("Plaintiff") was substituted as plaintiff in this case. The case was tried and the Trial Court entered a final decree dismissing the complaint. Plaintiff appeals. The record contains neither a transcript nor a statement of the evidence. We affirm.

State of Tennessee v. Steven Brian Wooley
W2003-00976-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge Roy B. Morgan, Jr.

A Madison County jury convicted the defendant, Steven Brian Wooley,1 of theft of property over $10,000. The trial court sentenced him to four years in confinement as a Range I standard offender. On direct appeal, the defendant contends he received ineffective assistance of counsel at trial. We affirm the judgment of the trial court

State of Tennessee v. Dominic O. Woods
W2003-00029-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge C. Creed McGinley

The defendant contends on appeal that the trial court erred in denying alternative sentencing. The defendant pled guilty to possession of crack cocaine (Schedule II controlled substance) with intent to sell (Class B felony). He agreed to an eight-year sentence, with the manner of service to be determined at a sentencing hearing. The trial court ordered the sentence to be served in the Tennessee Department of Correction, based on the defendant’s prior criminal record and his inability to reform his conduct. The judgment of the trial court is affirmed.

Claude E. Helton, Jr. v. Town of Rogersville
E2003-00311-WC-R3-CV
Authoring Judge: Roger E. Thayer, Sp. J.
Trial Court Judge: Hon. Kindall T. Lawson, Circuit Judge
The trial court awarded the employee 4 percent permanent partial disability to the left leg. The employer has appealed contending the evidence preponderates against the court's finding the City had actual notice of the injury and that the award is excessive. The judgment is affirmed.

Kennedy Woods v. Nashville and Davidson County
M2001-03143-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Irvin H. Kilcrease, Jr.
This case involves an Administrative Procedures Act appeal from the chancery court's determination of Appellant's Petition for Judicial Review. The petition sought review of the Civil Service Commission's final order affirming Appellant's termination for violation of the Metro Nashville Fire Department's Zero-Tolerance Policy on Substance Abuse. We affirm the order of the trial court.

Lorraine Miller v. Bruce Miller
M2002-02731-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: R.E. Lee Davies
The trial court awarded a divorce to a sixty-four year old woman with multiple health problems, and ordered her former husband to pay her $700 per month as alimony in futuro. The husband argues on appeal that the trial court erred, because the wife was capable of working, and was therefore only entitled to rehabilitative alimony. We affirm the trial court.

Kevin Demers v. Karen Demers
M2002-01970-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Ross H. Hicks
This involves a post-divorce petition to reduce child support. The mother and father were divorced in 1998, and the mother was awarded custody of the parties' three children. The father was ordered to pay child support plus private school tuition, based on substantial annual earnings from self-employment. In December 2000, the father filed a petition to have his child support payments reduced based on a decline in his business. The father later liquidated the assets of his business and quit work. He subsequently amended his petition, asserting that he had earned no income since the liquidation of his business. After a bench trial, the trial court rejected the father's petition for a reduction in child support, finding that the father was willfully underemployed. The father now appeals. We affirm, finding that the evidence does not preponderate against the trial court's determination that the father was willfully underemployed.

State of Tennessee v. Melissa A. Mellinger
M2002-01029-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge John D. Wootten, Jr.

The appellant, Melissa A. Mellinger, was convicted by a jury in the Wilson County Criminal Court of two counts of first offense driving under the influence (DUI), Class A misdemeanors. The trial court merged the convictions, imposed a three hundred fifty dollar ($350) fine, and sentenced the appellant to eleven months and twenty-nine days to be suspended upon serving two hundred seventy-three (273) days in the county jail. The trial court also suspended the appellant's driver's license for one year. On appeal, the appellant argues that the sentence imposed by the trial court was excessive. Upon review of the record and the parties' briefs, we affirm the judgment of the trial court.

Corwyn E. Winfield v. State of Tennessee
W2003-00889-CCA-R3-PC
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge James C. Beasley, Jr.

The petitioner appeals the denial of post-conviction relief relating to his conviction for second degree murder. He argues: (1) the trial court at his original trial improperly instructed the jury regarding the definition of “knowing”; (2) the prosecutor committed misconduct during closing argument at the original trial; and (3) he did not receive the effective assistance of counsel at trial and on appeal. We affirm the judgment of the post-conviction court.

State of Tennessee v. Kenneth Pence
W2003-00639-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge Clayburn L. Peeples

The defendant pled guilty to aggravated assault in exchange for a three-year sentence to be served on supervised probation with the trial court to determine the amount of restitution. Following a sentencing hearing, the trial court ordered the defendant to pay approximately $7,900.00 in restitution. In this appeal, the defendant argues: (1) the trial court erred in refusing to allow proof at sentencing regarding the circumstances surrounding the offense; and (2) the trial court erred in imposing restitution for the victim’s lost wages, attorney’s fees, and bond expenses, the latter two expenses resulting from the victim’s defending himself against baseless criminal charges brought by the defendant. We affirm the trial court’s decision regarding the admissibility of evidence and its order requiring the defendant to pay restitution for the victim’s lost wages; we reverse the portion of the judgment which requires the defendant to pay restitution for the victim’s attorney’s fees and bond expenses.

State of Tennessee v. Kenneth E. Coffey
E2002-02794-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Lynn W. Brown

The Johnson County Grand Jury indicted the Defendant, Kenneth E. Coffey, for possession with intent to sell and deliver 241.1 grams of marijuana, in violation of Tennessee Code Annotated section 39-17-417 (Supp. 2000). Following the trial court's denial of the Defendant's motion to suppress evidence, the Defendant pled guilty to Possession of Marijuana for Purpose of Sale. The trial court sentenced the Defendant to one year in prison and imposed a $2,000.00 fine. The Defendant reserved the right to appeal a certified question of law regarding the trial court's denial of his motion to suppress. Finding no error, we affirm the trial court's judgment.

Darrow Lynn Williams v. State of Tennessee
W2002-03150-CCA-R3-PC
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Judge Joseph H. Walker, III

The petitioner, Darrow Lynn Williams, seeks post-conviction relief from his 2001 second degree murder conviction. The Tipton County Circuit Court denied post-conviction relief, and now on appeal, the petitioner claims that his trial counsel was ineffective in failing to prepare and devise a trial strategy. Because the record supports the lower court’s decision, we affirm the dismissal of the post-conviction petition.

Dwan L. Crisp v. State of Tennessee
W2002-01661-CCA-R3-PC
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge William B. Acree

The petitioner, Dwan L. Crisp, pled guilty in the Obion County Circuit Court to one count of rape and was sentenced to eight years incarceration in the Tennessee Department of Correction.  Subsequently, the petitioner filed for testing of human biological evidence under the Post-Conviction
DNA Analysis Act of 2001. The post-conviction court denied the petition and the petitioner timely appealed. Upon review of the record and the parties’ briefs, we affirm the judgment of the post-conviction court.

Linda Meadows v. WaUSAu Insurance Company
E2002-02828-WC-R3-CV
Authoring Judge: John K. Byers, Sr. J.
Trial Court Judge: Jeffrey F. Stewart, Chancellor
In this appeal, the defendant, Wausau Insurance Company, insists that the trial court erred in determining Wausau was liable for the plaintiff's compensation, and that the trial court erred in allowing the plaintiff to voluntarily dismiss co-defendant, Legion Insurance Company.

State of Tennessee v. Carlos Curry
M2002-03022-CCA-R3-CD
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge Donald P. Harris

The Appellant, Carlos A. Curry, was convicted by a jury of first offense driving under the influence of an intoxicant. However, the jury acquitted the Appellant of four counts of vehicular homicide. Following a sentencing hearing, the trial court ordered the Appellant to serve eleven months and twenty-nine days in the county jail. Because we find that the trial court did not err in sentencing the Appellant, we affirm the judgment of the trial court.