State of Tennessee v. Anthony Leon Moore
W2000-02862-CCA-R3-CD
Authoring Judge: Presiding Judge Joseph M. Tipton
Trial Court Judge: Judge Donald H. Allen
A Madison County Circuit Court jury convicted the defendant, Anthony Leon Moore, of aggravated robbery, a Class B felony, and aggravated burglary, a Class C felony. The trial court sentenced him as a Range II, multiple offender to consecutive sentences of fifteen years in the Tennessee Department of Correction for the aggravated robbery conviction and ten years for the aggravated burglary conviction. The defendant appeals, claiming that (1) the evidence is insufficient to support his aggravated robbery conviction; (2) the trial court improperly enhanced his sentence for aggravated burglary; and (3) the trial court improperly found him to be a dangerous offender and ordered consecutive sentencing. We affirm the judgments of the trial court.

State of Tennessee v. Yevette Somerville
W2001-00902-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Julian P. Guinn

The defendant, Yevette Somerville, was convicted of theft of property valued under $500, a Class A misdemeanor, and was sentenced to eleven months, twenty-nine days in the county jail. As her sole issue on appeal, the defendant argues that the State’s failure to inquire about and preserve potentially exculpatory evidence violated her due process rights under the United States and Tennessee Constitutions. Having reviewed the entire record, we conclude that the loss of the evidence did not unfairly prejudice the defendant’s case. Accordingly, we affirm the judgment of the trial court.

State of Tennessee v. Harold D. Arnold
W2001-01450-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge Donald H. Allen

The Defendant, Harold D. Arnold, pled guilty to driving under the influence of an intoxicant and failure to maintain an accurate log book after the trial court denied his motion to suppress the results of a breath analysis test. The Defendant properly reserved a certified question of law for this Court to determine whether the trial court erred in denying the Defendant's motion to suppress. We reverse the judgment of the trial court.

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.

Barry Teague vs. Barbara Teague
E2001-01413-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: L. Marie Williams
This is a divorce case. The trial court granted the parties a divorce on stipulated grounds; divided their marital property; and awarded Barbara Ann Chadwick Teague ("Wife") alimony in futuro of $1,800 per month, plus attorney's fees of $2,500. Barry Lynn Teague ("Husband") appeals the nature and amount of the alimony award, the division of property, and the award of attorney's fees. We vacate the language in the trial court's judgment projecting into the future as to Wife's needs when her mortgage obligation has been paid in full. In all other respects, the judgment of the trial court is affirmed.

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

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.

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.

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.

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

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

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

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.

Jim Reagan,
E2001-00121-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Telford E. Forgerty, Jr.

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.

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. 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. 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.

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.

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.

Brenda Braden, v. Modine Manufacturing Company, Inc .
2001-00219-WC-R3-CV
Authoring Judge: W. Neil Thomas, III, Special Judge
Trial Court Judge: James B. Scott, Circuit Judge
this workers' compensation case is whether the evidence supports the finding of the trial court that the plaintiff is forty percent disabled where the treating physician found no impairment, where the independent medical examiner found ten percent impairment to each upper extremity and where the plaintiff testified to continuous pain necessitating medication following surgical releases of carpal tunnel syndrome. Based upon a review of the record, the briefs of the parties and the argument of counsel, 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 W. NEIL THOMAS, III, Special Judge, in which William M. Barker, Justice, and John K. Byers, Judge, joined. Michael J. Mollenhour, Knoxville, for the appellant, Modine Manufacturing Company, Inc. Roger L. Ridenour, Clinton, for the appellee, Brenda Braden MEMORANDUM OPINION Modine Manufacturing Company, Inc. ("Modine") appeals from the judgment of the court below finding that each upper extremity of the plaintiff, Brenda L. Braden ("Braden"), is forty percent disabled as a result of carpel tunnel syndrome after surgical procedures to release the carpel tunnel syndrom. For the following reasons, we affirm the judgment of the trial court. This action was commenced by Braden against Modine on August 19, 1999. The complaint alleges that Braden suffered bilateral carpel tunnel syndrome as a result of her employment with Modine. Modine filed an answer on September 2, 1999, generally denying the allegations of the complaint. The lawsuit was tried on December 1, 2, and judgment was entered January 8, 21. Notice of Appeal was filed January 29, 21. The evidence which was received consisted of the testimony of the plaintiff; her treating physician, Dr. Joseph DeFiore, Jr.; her supervisor, Dave Deganie; and an independent medical examiner, Dr. Cletus J. Mahon, Jr. Dr. Mahon opined that Braden has residual damage to her median nerve and has ten percent permanent physical impairment to each upper extremity after surgical procedures which released each carpel tunnel syndrome. Dr. DeFiore opined that Braden has no impairment and that she was released by him on June 18, 1999. Mr. Deganie testified that he has supervised Braden for four years and that she has not complained of pain or numbness in her hands. Braden testified that she is 58 years old and has worked for Modine for 25 years. She performs TIG welding for Modine and generally welds 6-7 units per shift with at least four welds per unit. When changing a weld type on October 15, 1998, she experienced pain in her wrists. She saw Dr. DeFiore who performed surgery on her wrists and released her with restrictions on April 12, 1999. Although she received physical therapy from Healthsouth, she continues to take pain medications "to get through the day and to sleep at night." Finally, she testified that her life consists of going to work and then going home. At trial the parties stipulated that the "plaintiff was an employee of the defendant in October, 1998, when she developed bilateral carpel tunnel syndrome." At the conclusion of the trial the trial court entered judgment in favor of the plaintiff for forty percent permanent partial disability to each arm and awarded Braden $36,28.8. The trial court further awarded Braden discretionary expenses in the amount of $954.35. The latter award was not the subject of the appeal. The review of the findings of the trial court is de novo with a presumption of the correctness of the decision unless a preponderance of the evidence is contrary to those findings. Spencer v. Towson Moving & Storage, Inc., 922 S.W. 2d 58 (Tenn. 1996). In addition, this Court is required make an independent determination as to the preponderance of the evidence. Galloway v. Memphis Drum Service, 822 S.W. 2d 584 (Tenn. 1991). As stated by the Court in Galloway, supra at 586, this Court "is not bound by a trial court's factual findings but instead conduct an independent examination to determine where the preponderance of the evidence lies.

Mary Jane Campbell v. The Travelers Insurance Company
E2000-01894-WC-R3-CV
Authoring Judge: Howell N. Peoples, Special Judge
Trial Court Judge: Dale C. Workman, Circuit 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 of findings of fact and conclusions of law. The employee appeals the trial court dismissal of her claims that a chemical exposure at work caused her disability. We affirm.

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.