Glen Bernard Mann v. State of Tennessee
W2002-00260-CCA-R3-PD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Russell Lee Moore, Jr.

The petitioner, Glen Bernard Mann, appeals the trial court's denial of post-conviction relief. In 1994, the petitioner was sentenced to death by a jury for the premeditated first degree murder of Anne Lou Wilson, a sixty-two-year-old widow. He was also convicted and sentenced to twenty-five years for aggravated rape and six years for aggravated burglary of the same victim. The convictions and sentences were affirmed on direct appeal by both this Court and the Tennessee Supreme Court. The petitioner is seeking post-conviction relief for, inter alia, ineffective assistance of counsel at both the guilt and penalty phase of his trial. The post-conviction court, after a hearing, found the petitioner failed to carry his burden of proving by clear and convincing evidence that his trial counsel was ineffective. After review, we affirm the post-conviction court's denial of post-conviction relief.

State of Tennessee v. Rodney M. Spurgeon
E2002-00931-CCA-R3-CD
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge Richard R. Vance

On May 3, 2002, a Sevier County jury convicted the defendant, Rodney M. Spurgeon, of arson and the burning of personal property. For these offenses the jury levied fines of $10,000 and $2,500, respectively. After denying the defendant's motion for new trial, the trial court sentenced him to ten years for the arson conviction and four years for setting fire to personal property. These convictions are to run concurrently as a Range II offender. The defendant appeals these convictions. His sole argument on appeal is whether unfair prejudice resulted from the trial court's failure to comply with the strict guidelines of Tennessee Rule of Evidence 404(b). We find no reversible error and therefore affirm the convictions.

State of Tennessee v. Brian Larice Cureton
M2002-00835-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge Cheryl A. Blackburn

Following a jury trial, Defendant, Brian Larice Cureton, was convicted of one count of first degree felony murder and one count of aggravated child abuse. The trial court sentenced Defendant to life imprisonment with the possibility of parole for the felony murder conviction. Following a sentencing hearing, the trial court sentenced Defendant to twenty-five years imprisonment for the aggravated child abuse conviction as a Range I offender and ordered the sentence for aggravated child abuse to run concurrently with Defendant's life sentence. Defendant now appeals his convictions and sentencing alleging (1) that the evidence is insufficient to support Defendant's convictions for first degree felony murder and aggravated child abuse beyond a reasonable doubt; (2) that the trial court erred in not allowing Defendant to cross examine Kinoltra Ewing about her willingness to take a polygraph test; (3) that the trial court erred in not redacting portions of Defendant's statement to the police; (4) that the trial court erred in not instructing the jury on facilitation of aggravated child abuse and felony murder as lesser included offenses; (5) that the trial court erred in permitting the State's expert witness to offer opinions outside her area of expertise; and (6) that Defendant's sentence for aggravated child abuse was excessive. After a thorough review of the record and the arguments and briefs of counsel, we affirm the judgments of the trial court.

State of Tennessee v. Fred Taylor Smith
W2002-02199-CCA-R3-CD
Authoring Judge: Presiding Judge Gary R Wade
Trial Court Judge: Judge Joseph H. Walker, III

The defendant, Fred Taylor Smith, entered pleas of guilt to driving under the influence and driving under the influence per se. See Tenn. Code Ann. § 55-10-401(a)(1)-(2). The trial court merged the two convictions and imposed a sentence of 11 months and 29 days with a requirement of service of 75%. As a part of the plea agreement, the defendant reserved a certified question of law challenging the validity of the investigatory stop. The judgment is affirmed.

State of Tennessee v. Lonnie Walter Hurd
E2002-00832-CCA-R3-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Judge R. Jerry Beck

The defendant, Lonnie Walter Hurd, appeals from his Sullivan County Criminal Court jury convictions of driving under the influence (DUI) and possession of cocaine. On appeal, he claims that the convicting evidence is insufficient, that certain evidence was improperly admitted, that the testimony of a state's witness violated the witness sequestration rule, and that the trial court erred in permitting a defense witness to be cross-examined about her prior drug convictions. Discerning no reversible error, we affirm the judgments of the trial court.

Bobby J. Laxton v. State of Tennessee
E2002-02281-WC-R3-CV
Authoring Judge: Roger E. Thayer, Special Judge
The Claims Commissioner sustained a motion for summary judgment in favor of the employer and held the action was not timely filed within the one year period of time allowed by the statute of limitations. The employee contends he filed the claim within one year of his becoming aware he was disabled to work. Judgment of the Claims Commission is affirmed.

Bobby J. Laxton v. State of Tennessee
E2002-02281-WC-R3-CV
Authoring Judge: Thayer, Sp. J.
Trial Court Judge: Vance W. Cheek, Jr., Commissioner
The Claims Commissioner sustained a motion for summary judgment in favor of the employer and held the action was not timely filed within the one year period of time allowed by the statute of limitations. The employee contends he filed the claim within one year of his becoming aware he was disabled to work. Judgment of the Claims Commission is affirmed.

Kathy D Avenport v. Wa L-Mart Superc Enter
E2002-02156-WC-R3-CV
Authoring Judge: Howell N. Peoples, Special Judge
Trial Court Judge: G. Richard Johnson, Chancellor
The employer asserts the trial court erred in adopting the medical impairment rating of the evaluating physician rather than the opinion of the treating physician. We affirm.

State of Tennessee v. Brian L. Woods
W2002-01831-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge Lee Moore

The Appellant, Brian L. Woods, was convicted by a Dyer County jury of second degree murder and received a twenty-four-year sentence to be served in the Department of Correction. In this appeal as of right, Woods raises the following issues for our review: (1) whether the trial court erred by permitting a witness to testify in violation of the rule of sequestration; (2) whether the evidence is sufficient to support his conviction; and (3) whether his sentence of twenty-four years is excessive.  After a review of the issues presented, we conclude that Woods’ challenges are without merit. The judgment of conviction and sentence are affirmed.

State of Tennessee v. Martin Todd Felts, Alias Marty Felts
M2002-02659-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Robert E. Burch

The defendant appeals the revocation of his probation contending that the trial court abused its discretion. We hold that the record contains substantial evidence to support the trial court's conclusion that a violation had occurred, and there was no abuse of discretion. Accordingly, we affirm the judgments.

Jamie Dewayne Reed v. State of Tennessee
E2003-00942-CCA-R3-PC
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge Rex Henry Ogle

The Defendant, Jamie Dewayne Reed, filed for post-conviction relief. The trial court summarily denied relief on the basis that the petition was time-barred. The Defendant now appeals. We affirm the judgment of the trial court.

State of Tennessee v. Robert Joseph King, Sr.
W2002-01968-CCA-R3-CD
Authoring Judge: Presiding Judge Gary R Wade
Trial Court Judge: Judge Roy B. Morgan, Jr.

Ambrose Associates, v. W. Austin Musselman, Jr.
M2002-02780-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: Chancellor Carol L. McCoy

Action to collect rent owed by surety was dismissed by the Trial Court. On appeal, we affirm.

William Jeffrey Tarkington v. Rebecca Juanita Tarkington
M2002-01914-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Judge Muriel Robinson

This appeal arises from the Father's post-divorce petition to set child support and to terminate previously ordered alimony in futuro. From an adverse decision of the trial court denying child support and termination of the alimony obligation, Father appeals. We affirm the portions of the trial court's ruling regarding alimony and reverse the award of attorney's fees and denial of support.

State of Tennessee v. James Cravens
M2002-01216-CCA-R3-CD
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge Lillie Ann Sells

The Putnam County trial court revoked the probation of the defendant, James Cravens, and ordered him to serve his original sentence of eleven months and twenty-nine days in confinement. On appeal, the defendant contends: (1) the evidence was insufficient to support the trial court's probation revocation order; (2) his sentence is excessive; and (3) the trial court erred in placing certain conditions on his bond pending appeal. We affirm the judgment of the trial court.

State of Tennessee v. Rita Cates
W2003-00096-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge Joseph H. Walker, III
>The defendant pled guilty to attempted second degree murder, especially aggravated burglary, and reckless aggravated assault. Following a sentencing hearing, the trial court imposed an effective sentence of eight years and six months. In this appeal, the defendant argues her sentences are excessive because she should have received alternative sentencing. We affirm the judgments of the trial court, but, due to a clerical error, remand for entry of a corrected judgment.

State of Tennessee v. Anderson Toliver
E2001-00584-SC-R11-CD
Authoring Judge: Chief Justice Frank F. Drowota, III
Trial Court Judge: Judge Stephen M. Bevil

The defendant was convicted of two counts of aggravated child abuse. The trial court imposed a
nine-year sentence for each conviction and ordered concurrent service of these sentences. The
defendant appealed, raising numerous issues, but the Court of Criminal Appeals affirmed the
convictions and sentences. We granted the defendant’s application for permission to appeal and,
after thoroughly reviewing the record, conclude that the trial court abused its discretion in
consolidating the two indictments for trial. Furthermore, we have concluded that the erroneous
consolidation of the indictments, in conjunction with the erroneous admission of evidence of
other crimes, wrongs, or acts, affirmatively appears to have affected the verdict of the jury.
Accordingly, the judgments of the trial court and Court of Criminal Appeals are reversed, and
these cases are remanded for new trials at which evidence of other crimes, wrongs, or acts
committed by the defendant against the victim or others shall not be admitted unless relevant to a
material issue. Tenn. R. App. P. 11; Reversed and Remanded for New Trials
 

State of Tennessee v. Anderson Toliver - Dissenting
E2001-00584-SC-R11-CD
Authoring Judge: Justice E. Riley Anderson
Trial Court Judge: Judge Stephen M. Bevil

The majority has concluded that the trial court committed reversible error by consolidating
the offenses of March 1, 1998 and April 9, 1998, and by admitting evidence of prior abuse
committed by the defendant, Anderson Toliver. In my view, however, the trial court did not abuse
its discretion by consolidating the two offenses and the admission of prior acts of abuse did not affect the jury’s verdict. Accordingly, I dissent and would affirm the judgment of the Court of Criminal Appeals.

State of Tennessee v. Anderson Toliver - Concurring
E2001-00584-SC-R11-CD
Authoring Judge: Justice Adolpho A. Birch, Jr.
Trial Court Judge: Judge Stephen M. Bevil

Although I concur in the analysis and holding of the majority, I write to address an issue of concern: whether in today’s society a parent’s right to corporally chastise a refractory child survives, and, if so, how does one reconcile that right with the child abuse statutes as currently written and interpreted. It is my intention by this concurring opinion to raise the level of discussion and to provide, perhaps, a measure of guidance for the trial court on remand.

Pamela J. Moses v. State of Tennessee
E2002-02319-CCA-R3-PC
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge Mary Beth Leibowitz

The Defendant, Pamela J. Moses, pled guilty pursuant to a plea agreement to aggravated assault and numerous misdemeanors. The plea agreement encompassed the length of the sentences, but left the manner of service for the trial court's determination. The trial court denied an alternative sentence and ordered the Defendant to serve her terms in confinement. The Defendant subsequently filed for post-conviction relief, alleging ineffective assistance of counsel in conjunction with her plea. After an evidentiary hearing, the post-conviction court denied relief and this appeal followed. We affirm the judgment of the post-conviction court.

State of Tennessee v. Chett Allen Walker
E2002-03093-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge Stephen M. Bevil

The Defendant, Chett Allen Walker, was indicted for first degree premeditated murder, setting fire to personal property, and abuse of a corpse. Prior to trial, the Defendant expressed his intent to plead guilty to setting fire to personal property and abuse of a corpse, which he did. However, the trial court submitted those charges to the jury, along with the charge of first degree murder, to which the Defendant pled not guilty. Following the jury trial, the Defendant was convicted of all three charges. In this direct appeal, the Defendant raises six issues: (1) whether the trial court erred by denying the Defendant's motion to suppress his confession; (2) whether the trial court erred by allowing the charges of setting fire to personal property and abuse of a corpse to be determined by the jury after the Defendant expressed his desire to plead guilty to those charges; (3) whether the trial court erred by allowing the jury to view certain photographs and the car that the Defendant burned; (4) whether the trial court erred by allowing the prosecutor to display a photograph of the remains of the victim to the jury during his closing argument; (5) whether the trial court erred by denying the Defendant's motion with respect to the jury instructions; and (6) whether the evidence is legally sufficient to support the Defendant's conviction for first degree premeditated murder. Finding no reversible error, we affirm the judgments of the trial court.

Diana J. Neese v. Shoney's Inc.
M2002-01277-WC-R3-CV
Authoring Judge: James L. Weatherford, Sr.J.
Trial Court Judge: John A. Turnbull, Judge
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated _ 5-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. In this case, the trial court found that the employee had sustained a 75% vocational disability to each extremityfor bilateral carpal tunnel syndrome caused by her work activity. The employer argues that this award is excessive and preponderates against the evidence. For the reasons set out in this opinion, We affirm the judgment of the trial court. Tenn. Code Ann. _ 5-6-225(e) (1999) Appeal as of Right; Judgment of the Circuit Court Affirmed JAMES L. WEATHERFORD, SR.J., in which FRANK F. DROWOTA, III, C.J., and JOE C. LOSER, JR., SP.J., joined. Mark A. Baugh, Nashville, Tennessee, for the appellant, Shoney's Inc. Kelly R. Williams, Livingston, Tennessee, for the appellee, Diana J. Neese. MEMORANDUM OPINION Ms. Diana Neese was 51 years old at the time of trial. She has a ninth grade education, but later earned her GED in 1984. She lives in rural Tennessee near the border of Clay County and Overton County, although she has a Hilham, Tennessee street address. She has worked primarily as a cook for retirement centers and a public school system since she started working in 196. She has worked as a backline cook for several fast food restaurants. She has also worked as a cashier, an assembly line worker, and child care worker. In August of 1999, Ms. Neese began working at Shoney's in Cookeville as a salad bar attendant. In this job, she was responsible for maintaining the salad bar by carrying out trays of food, big pots of soup, bowls, and plates. In February of 2, Ms. Neese started experiencing problems with her hands: "My hands and arms were hurting, going numb and tingling, and I kept dropping things." She stated she had never had any problems with her hands or wrists prior to February of 2. On March 22, 2, she saw her primary care physician, Dr. Mauricio, complaining of numbness in her arms, which started at her elbow. Dr. Mauricio, then referred her to Dr. Robert Nelson. On April 17, 2, Dr. Nelson diagnosed Ms. Neese with bilateral carpal tunnel syndrome. On April 28, 2, Ms. Neese informed Mr. Jimmy Price, manager at Shoney's, that she had carpal tunnel syndrome. Dr. Nelson performed surgery on her right wrist on May 31, 2 and operated on her left wrist on June 3, 2. On November 7, 2, Ms. Janet K. Patterson, physical therapist administered Ms. Neese's functional capacity evaluation. Ms. Patterson indicated that Ms. Neese would not use her fingers for fine motor tasks, would take frequent rests and would not use her arms for reaching more than 3 seconds at a time during the test. According to Ms. Patterson, test results indicated 1) inconsistent or sub-maximal effort on grip strength and push tests; and 2) that her heart rate did not correlate with reported levels of pain. On November 16, 2, Dr. Nelson released Ms. Neese to return to work light- duty and assigned restrictions of no lifting over 1 to 12 pounds and no repetitive lifting of 5 to 7 pounds on a regular basis, and no repetitive motions with her hands. Ms. Neese returned to Dr. Nelson on January 2, 2, still complaining of some pain in her hands with weakness and numbness. Dr. Nelson found she had reached maximum medical improvement and assigned the same restrictions on a permanent basis. Dr. Nelson found that Ms. Neese has sustained a 3% permanent partial impairment to each hand. Dr. Nelson indicated there are different factors that relate to the level of pain you can expect from patients after a bilateral carpal tunnel release. He listed one factor as what the surgeon finds at the time of surgery----"[F]or instance, in her case where I described that the median nerve as it was coming underneath that ligament, it was really adherent or adhered to the ligament, ... I had to do what is called a neurolysis, which means that you have to take a nerve once you kind of separate it off the ligament and actually try to release pressure on the individual fibers of the nerve. In her case that was necessary. Sometimes that is not necessary. So, all of that has to do with the prognosis of what you expect the future to be for that particular patient." As to Ms. Neese's prognosis, Dr. Nelson stated ".... essentially on both sides [of] the median nerve I found that she had quite a bit of compression on the nerve. So, from that standpoint, I felt that she may not recover as much as some do that have that type of surgery. So, I was a little bit -2-

John William Jones v. Conagra Grocery Products
W2002-01947-SC-WCM-CV
Authoring Judge: Allen W. Wallace, Sr. J.
Trial Court Judge: George R. Ellis, Chancellor
The trial court determined that: (1) the employee is 1% disabled and that he is limited by Tenn. Code Ann. 5-6-27(4)(A)(i) to 26 weeks of benefits; and (2) the employer is entitled to a reduction for the Social Security payments made on behalf of the employee totaling $25,296.. The employer was ordered to continue to be liable for employee's medical treatment for chronic obstructive pulmonary disease in accordance with the workers' compensation law. As discussed below, the panel has concluded the judgment should be affirmed.

Willie Jason Christopher v. Plumley Marugo Limited
W2002-02007-SC-WCM-CV
Authoring Judge: Robert L. Childers, Sp.J.
Trial Court Judge: Julian P. Guinn, Judge
The appellant presents the following issue for review: Whether the trial court erred in finding that the expert medical testimony established that the plaintiff's injury and/or medical impairment arose out of and in the course of his employment with the defendant.

Mahle, Inc. v. Terry Reese
E2002-1199-WC-R3-CV
Authoring Judge: Howell N. Peoples, Special Judge
Trial Court Judge: Thomas Frierson, Ii, Chancellor
The issues are the amount of the award and whether the trial court erroneously applied the doctrine of intervening cause. We affirm.