Michael Lane v. Olsten Staffing Services, Inc.,
E2001-00380-WC-R3-CV
Authoring Judge: Thayer, Sp. J.
Trial Court Judge: Thomas J. Seeley, Jr., Chancellor
The trial court found the employee sustained a compensable injury but concluded there was no permanent disability. Also, the court declined to allow certain medical expenses ordered by an independent medical examiner. Judgment of the trial court is affirmed.

State of Tennessee v. Jimmy M. Millican
M2000-02298-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge J. Randall Wyatt, Jr.

A Davidson County jury convicted the defendant of aggravated vehicular homicide and driving on a revoked license. He was sentenced to 25 years for aggravated vehicular homicide and a concurrent six months for driving on a revoked license. The defendant contends in this appeal that (1) the evidence was not sufficient to support his convictions; (2) a facially invalid judgment for a prior DUI conviction was used to enhance his conviction to aggravated vehicular homicide; and (3) his sentence is excessive. We affirm the judgment of the trial court.

Melvin Peacock v. State of Tennessee
M2001-00831-CCA-R3-PC
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Judge J. Randall Wyatt, Jr.

Through his 2000 post-conviction petition, Melvin Peacock seeks to avoid his 1996 Davidson County jury convictions of possession of cocaine for resale and felony possession of a weapon, for which he received an effective sentence of 20 years. After appointing post-conviction counsel and holding an evidentiary hearing on the petitioner's single issue of whether he received ineffective assistance of trial counsel, the lower court denied post-conviction relief. Because the record supports the court's decision, we affirm.

Stanley Green v. Nashville and Davidson County
M2001-01561-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Ellen Hobbs Lyle
A man arrested for statutory rape sought a writ of mandamus to compel the Metro Nashville Police Department to furnish him with copies of records relating to his arrest. Metro filed a motion to dismiss, arguing that records pertaining to sexual offenses against minors are confidential, and may not be disclosed. The trial court denied the motion to dismiss, and ordered the production of the requested records. We affirm the ruling of the trial court, but modify it to require that all records furnished to the petitioner be redacted to protect the victim's identity.

State of Tennessee v. Charles Randall Elrod
M2001-01125-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge Robert W. Wedemeyer

The defendant was convicted at a bench trial of three counts of aggravated assault and received an effective sentence of ten years. In this appeal, the defendant contends (1) the evidence was insufficient to sustain the convictions; (2) he was denied the right to testify; and (3) the sentence was excessive. After a thorough review of the record, we affirm.

State of Tennessee v. Clifford Coleman, Sr.
M2000-01916-CCA-R3-CD
Authoring Judge: Presiding Judge Gary R Wade
Trial Court Judge: Judge Robert L. Jones

The defendant, Clifford Coleman, Sr., was convicted of first degree murder and sentenced to life in prison. In this appeal of right, the defendant argues as follows: (1) The evidence was insufficient to support his conviction for first degree murder; (2) the trial court erred by denying his requested jury instruction on deliberation; (3) the trial court erred by failing to instruct the jury on the lesser included offenses of reckless homicide and criminally negligent homicide; (4) the trial court erred by failing to grant a mistrial after dismissing a juror; and (5) the trial court erred by failing to grant a mistrial after a witness was allowed to testify in violation of the rule of sequestration. The judgment of the trial court is affirmed.

Jason Goulet vs. Jennifer Heede
E2000-02535-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Norma Mcgee Ogle
This appeal concerns a divorce action in which the court classified a home purchased by Wife during the marriage as her separate property and a second mortgage taken out by Husband on the couple's marital home as his separate debt. Husband appeals both of these decisions and also questions the trial court's decision to find Wife's testimony credible, since she had previously given testimony in another matter that was inconsistent with her testimony at the divorce hearing. We determine that the trial court should be affirmed on all issues presented.

Michael M. Taylor v. State of Tennessee
M2000-03205-CCA-R3-PC
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Judge J. Randall Wyatt, Jr.

The petitioner, Michael M. Taylor, has filed a petition for post-conviction relief to challenge his 1997 second degree murder conviction imposed after a jury trial in the Davidson County Criminal Court. The petition alleges the ineffective assistance of trial counsel and two trial court errors. After the appointment of counsel and counsel's amendment of the post-conviction petition, the post-conviction court conducted an evidentiary hearing. Subsequently, the post-conviction court made findings of fact and on November 13, 2000 entered an order denying post-conviction relief. The petitioner filed a notice of appeal on February 23, 2001. Because the notice of the appeal was untimely and because the record contains no for basis for excusing the untimely filing of notice of appeal, we dismiss the appeal.

Calsonic Yorozu Corp., Inc. vs. Forklifts Unlimited, LLC
M2000-02647-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Charles D. Haston, Sr.
Calsonic Yorozu Corporation, Inc., appellee, sought declaratory judgment relieving it of its duties under contract to Forklifts Unlimited, L.L.C., appellant. Appellee filed a motion for summary judgment, which the trial court granted. Because we think the defendant was denied a reasonable opportunity for discovery we reverse the summary judgment granted by the trial court.

State, ex rel Tewanna Stewart vs. Gary Lockett
M2001-00809-COA-R3-JV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Betty Adams Green
The juvenile court ordered the father of a minor child to pay retroactive child support for the first ten years after the child's birth. Because the court did not want to create a windfall for the mother, it ordered that only part of the retroactive support be paid to her, and that the remainder be placed in an educational trust fund for the child's benefit. The State argues on appeal that under the facts of this case, the creation of an educational trust fund is not authorized by the child support statutes and guidelines. We affirm the award of retroactive child support, but we reverse its allocation between the mother and the child.

State of Tennessee v. Dedonnas R. Thomas
W2000-01465-CCA-R3-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Judge Joseph B. Dailey

The defendant was tried by jury in the Shelby County Criminal Court on two counts of felony possession of marijuana arising from a single episode. The jury acquitted the defendant of possession of marijuana with intent to sell but convicted him of possession with intent to deliver. The trial court ordered a two-year workhouse sentence. On appeal, the defendant questions the sufficiency of the evidence, and he complains that erroneous evidentiary rulings, inadequate jury instructions, and prosecutorial misconduct during closing arguments require a new trial. Based upon our review, we affirm the conviction.

Jose D. Holmes v. State of Tennessee
W2000-02600-CCA-R3-PC
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge Bernie Weinman

The petitioner, Jose D. Holmes, appeals the denial of post-conviction relief by the Criminal Court of Shelby County from his conviction of especially aggravated robbery. In this appeal, the petitioner claims that he received ineffective assistance of counsel. Following a review of the record and the parties' briefs, we affirm the judgment of the post-conviction court.

State of Tennessee v. Larry Halliburton
W2001-00755-CCA-R3-CO
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Donald H. Allen

A claim that a guilty plea was not knowingly and voluntarily entered because of coercion is not cognizable in a habeas corpus proceeding. We affirm the trial court's denial of the writ.

James Ferguson v. Kelly Lee Ferguson
M2001-01836-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Stella L. Hargrove
Appellant, an inmate of the Tennessee Department of Correction currently confined at South Central Correctional Center in Clifton, Wayne County, Tennessee, appeals the dismissal by the trial court of his divorce complaint. His wife is a resident of Bristol, Virginia, and the parties separated in Cheatham County, Tennessee in 1987. The trial court dismissed the case for lack of venue. We affirm with a suggestion that the case be transferred to a court having divorce jurisdiction in Cheatham County, Tennessee, or such a court in the county where Appellant resided at the time he was first incarcerated in the Department of Corrections.

State of Tennessee v. Keena D. Mathes
E2001-00753-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Robert E. Cupp

The defendant was convicted by a jury of reckless aggravated assault, a Class D felony, for cutting the victim's face with a razor blade. The trial court granted her judicial diversion, sentencing her as a Range I, standard offender to two years incarceration, but suspending the sentence and placing her on three years of probation under the supervision of the Department of Correction, including among the conditions that she pay restitution for the victim's medical bills and lost wages. Following extensive testimony as to the defendant's limited financial resources, the trial court ordered as a condition of probation that she legitimate her nine-month-old daughter to ensure that she could meet her financial obligations, including payment of restitution to the victim. In a timely appeal to this court, the defendant raises the sole issue of whether the trial court erred by requiring her to legitimate the younger of her two illegitimate children and seek child support payments for that child. We conclude that the legitimation requirement is a valid condition of probation. However, since a judgment of conviction, although not to be entered following judicial diversion, was entered in this matter, we remand for withdrawal of the judgment, the trial court to then clarify whether the defendant is to be sentenced with the sentence suspended or to be granted judicial diversion.

State of Tennessee v. Connie Lee Arnold
E2001-00618-CCA-R3-CD
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge Lynn W. Brown

The defendant, Connie Lee Arnold, appeals from the Carter County Criminal Court's denial of his motion for return of property by the state in its prosecution of him and for return of property and files in the possession of his former trial attorney. The trial court concluded that it had no jurisdiction to rule in the matter. The state agrees with the defendant that the trial court has jurisdiction to act on the motion relative to evidence used in the case and otherwise seized and possessed by the state, but it asserts that property and files possessed by the defendant's former attorney should be addressed by the Board of Professional Responsibility or a civil court. Although we hold that the trial court had jurisdiction relative to evidence presented in the case, we affirm the trial court.

Donald Blair, Jr. v. State of Tennessee
E2001-00947-CCA-R3-PC
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Ray L. Jenkins

Petitioner failed to prove by clear and convincing evidence that he was denied effective assistance of counsel. We affirm the trial court's denial of petitioner's petition for post-conviction relief.

State of Tennessee v. Harold Leonard White
E2000-01888-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Richard R. Baumgartner

The Defendant was arrested in September 1996 for aggravated assault, being a felon in possession of a firearm, and fleeing. His case was not set for trial until July 2000. The Defendant moved for dismissal of the charges on the ground that he had been denied his constitutional right to a speedy trial. The trial court granted the Defendant's motion, and the State now appeals as of right. Concluding that the trial court did not abuse its discretion in finding that the Defendant was prejudiced by the delay, we affirm the judgment of the trial court.

Elisa Cochran v. State of Tennessee
E2000-02795-CCA-R3-PC
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge R. Steven Bebb

The Petitioner was convicted of felony murder and sentenced to life in prison. This Court affirmed the conviction on direct appeal. The Petitioner subsequently filed a petition for post-conviction relief, alleging that her trial attorney was ineffective. The post-conviction court denied relief, and this appeal ensued. Finding no error, we affirm the judgment of the post-conviction court denying relief.

Cheryl Autry v. James Autry
M2001-01807-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Muriel Robinson
This appeal involves the issuance of an order of protection. The parties were married on May 18, 1999. One minor daughter was born to the marriage. On June 10, 2001, there was a struggle between the parties over the child. The appellee sought an order of protection. A hearing was held on June 28, 2001, on Mrs. Autry's petition. Both parties were present at the hearing. After hearing the testimony, the trial court granted Mrs. Autry an order of protection, set child support, and ordered the minor child removed from TennCare insurance coverage.

State of Tennessee v. Miko T. Burl
W2000-02074-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge W. Otis Higgs, Jr.

The Appellant, Miko T. Burl, was convicted by a Shelby County jury of aggravated assault, aggravated burglary, and especially aggravated robbery. Burl received an effective twenty-five year sentence. On appeal, Burl raises the following issues: (1) whether the evidence was sufficient to support the verdicts; (2) whether the trial court erred in not suppressing the photographic identification; (3) whether the trial court erred in rejecting his special jury instruction relating to the suggestiveness of the photo identification procedure; and (4) whether his sentence was proper. After a review of the record, we find Burl's issues are without merit. We find, however, as plain error, that Burl's convictions for both aggravated assault and especially aggravated robbery violate double jeopardy principles. The conviction for aggravated assault is, therefore, vacated. The judgment of the trial court in all other respects is affirmed.

State of Tennessee v. James Hall Schlegel
W2000-02597-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge Julian P. Guinn
The defendant, James Hall Schlegel, was convicted by a Henry County jury of kidnapping. The trial court imposed a four-year sentence, with one year to be served in confinement and the remainder to be served in the Community Corrections program. On appeal, the defendant raises the following issues: (1) whether the evidence was sufficient to support his conviction; (2) whether the trial court erred by failing to charge the lesser-included offense of false imprisonment; and (3) whether the defendant's sentence was proper. We affirm the judgment of the trial court.

State of Tennessee v. Avis Neal
W2001-00374-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge W. Fred Axley
The Defendant, Avis Neal was convicted by a Shelby County jury of one count of rape of a child. After a sentencing hearing, he was sentenced as a Range I standard offender to twenty years in the Department of Correction. In this appeal, the Defendant contends that (1) the trial court erred in admitting testimony concerning statements made by the victim to her mother, (2) the trial court's reasonable doubt instruction was deficient, (3) the State failed to make a proper election, (4) the evidence is insufficient to support a verdict of guilty beyond a reasonable doubt, and (5) the trial court erred in denying the Defendant's motion for new trial due to the Defendant's out of court contact with a juror. We affirm the judgment of the trial court.

State vs. Johnnie Bell, Jr.
E1999-00819-SC-S09-CD
Authoring Judge: Justice E. Riley Anderson
Trial Court Judge: Phyllis H. Miller

State vs. Johnnie Bell, Jr.
E1999-00819-SC-S09-CD
Authoring Judge: Justice E. Riley Anderson
Trial Court Judge: Phyllis H. Miller