Opinions

John Clinard, et al vs. Roger Blackwood, et al
M1998-00555-SC-R11-CV
Authoring Judge: Justice Janice M. Holder
Trial Court Judge: Walter C. Kurtz

John Clinard, et al vs. Roger Blackwood, et al
M1998-00555-SC-R11-CV
Authoring Judge: Justice Janice M. Holder
Trial Court Judge: Walter C. Kurtz

John Clinard, et al vs. Roger Blackwood, et al
M1998-00555-SC-R11-CV
Authoring Judge: Justice Janice M. Holder
Trial Court Judge: Walter C. Kurtz

State of Tennessee v. Henry Ford Williams, Jr.
M2000-01495-CCA-R3-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Judge John H. Gasaway, III

The defendant, Henry Ford Williams, appeals the Robertson County Circuit Court's revocation of his community corrections sentence. The trial court accepted the defendant's guilty pleas to Class B felony possession of cocaine for resale and to Class C felony possession of cocaine. On September 16, 1993, the trial court imposed an effective sentence of ten years, with eleven months and 29 days to be served in local confinement and the balance to be served in community corrections. On February 18, 2000, the state filed a community corrections revocation warrant. The trial court conducted an evidentiary hearing and revoked the defendant's community corrections placement. From that order, the defendant has appealed to this court. Upon our review of the record, the briefs of the parties, and the applicable law, we affirm the action of the trial court..

Carolyn Marie Leasure White, et al vs. Timothy Wade Moody
M2000-01778-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: Carol A. Catalano
This is a suit wherein the Plaintiffs seek a termination of the Defendant father's parental rights and an adoption by the mother's present husband. The Trial Court terminated the father's rights and granted the adoption. We vacate and remand for a determination of the best interest of the child as required by T.C.A. 36-1-113(c)(2).

Jerry Murray vs. Goodyear Tire & Rubber Co.
W2000-00137-SC-R3-CV
Authoring Judge: Justice William M. Barker
Trial Court Judge: W. Michael Maloan
The sole issue presented for review is whether the defendant, at the time of the plaintiff's accident, was the plaintiff's statutory employer as defined by Tennessee Code Annotated section 50-6-113, and therefore liable for workers' compensation benefits. The defendant contracted with the plaintiff's employer for the painting of overhead air ducts in its plant. Subsequently, the plaintiff was injured when he fell from one of these ducts. The trial court determined that the degree of control exercised by the defendant established the defendant as a statutory employer pursuant to the Act. The defendant appealed. The appeal was argued before the Special Workers' Compensation Appeals Panel pursuant to Tennessee Code Annotated section 50-6-225(e), but was transferred to the full Supreme Court prior to the Panel issuing its decision. On appeal, we reverse the judgment of the trial court, holding that the evidence preponderates against the trial court's finding that the defendant is a statutory employer and that therefore, the defendant is not liable for compensation benefits.

State of Tennessee v. Noah J. Love
E2000-00254-CCA-R3-CD
Authoring Judge: Presiding Judge Gary R Wade
Trial Court Judge: Judge Joseph F. DiRisio & Judge Douglas A. Meyer

The defendant, Noah J. Love, appeals the trial court's denial of his motion to correct his sentence. The single issue presented for review is whether the trial court properly denied relief. Because the trial court had no jurisdiction to amend the sentence four years after the defendant had been transferred to the Department of Correction, the judgment is reversed.

State of Tennessee v. Jashua Shannon Sides
E2000-01422-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge Rebecca J. Stern

This is a state appeal from the suppression of evidence. The defendant was indicted for driving under the influence (DUI), second offense, and leaving the scene of an accident. The defendant filed a motion to suppress which the trial court granted. In this appeal, the state alleges that the trial court erroneously concluded the defendant was unlawfully arrested, or, in the alternative, the order of suppression was overbroad. Upon review of the record, we modify the order of suppression to allow evidence gathered prior to the unlawful arrest. We remand for further proceedings.

State of Tennessee v. Jashua Shannon Sides - Dissenting
E2000-01422-CCA-R3-CD
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge Rebecca J. Stern

I must dissent from the holding of the majority opinion in this case for the following reasons:

Andrew Fahrner vs. SW Manufacturing, Inc.
M1999-00021-SC-R11-CV
Authoring Judge: Justice Frank F. Drowota, III
Trial Court Judge: John A. Turnbull

Andrew Fahrner vs. SW Manufacturing, Inc.
M1999-00021-SC-R11-CV
Authoring Judge: Justice Frank F. Drowota, III
Trial Court Judge: John A. Turnbull

State of Tennessee v. Randy R. Wilson
M2000-01537-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge John H. Gasaway, III

The defendant contends that the State should be barred from revoking his Community Corrections sentence because no detainer was placed on him while he served a six-year prison sentence in North Carolina while his revocation warrant was pending in Tennessee and the State knew of his location. We conclude that the State was under no obligation to file a detainer against the defendant, and that the State was not time barred from proceeding with the Community Corrections revocation after the defendant's return to this state. We affirm the judgment of the trial court.

Ansley Darlene Eldridge v. Tri-State Comprehensive
E2000-00564-WC-R3
Authoring Judge: John K. Byers, Sr. J.
Trial Court Judge: Billy Joe White, Chancellor
The trial court found the plaintiff had suffered a permanently disabling injury in the course and scope of her employment that rendered her permanently and totally disabled with a combined physical and psychological impairment of forty-five percent. We affirm the judgment of the trial court and remand the case thereto for entry of any order necessary to carry out the judgment set forth in this opinion.

Ralph Phillip Claypole, Jr. v. State of Tennessee
M1999-02591-CCA-R3-PC
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Frank G. Clement, Jr.

The petitioner filed a petition for writ of habeas corpus, claiming that the constitutional prohibition against double jeopardy was violated by his multiple sentences. The post-conviction court denied the petition, finding that the judgments of conviction were facially valid. We affirm the order of the post-conviction court dismissing the petition.

Danny House vs. State
M1998-00464-SC-R11-PC
Authoring Judge: Justice Janice M. Holder
Trial Court Judge: Seth W. Norman

Danny House vs. State
M1998-00464-SC-R11-PC
Authoring Judge: Justice Janice M. Holder
Trial Court Judge: Seth W. Norman

State of Tennessee v. Joshua James Henry Pugh
M2000-02205-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge W. Charles Lee

The defendant appeals his conviction of the sale of less than .5 grams of a Schedule II controlled substance, cocaine, a Class C felony. The trial court sentenced him as a Range II, multiple offender to nine years, three months in the Tennessee Department of Correction, and imposed a $2000 fine. On appeal, the defendant argues that the evidence was insufficient to sustain his conviction, and that his sentence is excessive and contrary to law. We affirm the judgment of the trial court.

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Shannon Smith, et al. v. State of Tennessee
W1999-01708-CCA-R3-PC
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Bobby H. Capers

Pursuant to a plea agreement, the Petitioners in the instant case each pled guilty to one count of murder in the perpetration of a robbery under Tennessee Code Annotated section 39-13-202, one count of especially aggravated robbery under Tennessee Code Annotated section 39-13-403, and one count of aggravated assault under Tennessee Code Annotated section 39-13-102. The Petitioners were sentenced to concurrent sentences of life, twenty-five years, and six years, respectively. On April 20, 1995, the Petitioners filed a petition for post-conviction relief. Special Judge Bobby Capers was appointed to hear the post-conviction petition. The trial court heard the Petitioners' petition between August 9, 1999 and August 19, 1999, and granted post-conviction relief to Petitioners Smith and Versie. On December 3, 1999, the State filed a notice of appeal, challenging the post-conviction court's findings that neither of the Petitioners received effective assistance of counsel. After a thorough review of the record, we conclude that the trial court was correct in granting post-conviction relief to the Petitioners. The judgment of the post-conviction court is affirmed.

State of Tennessee v. Calvin T. Barham
W2000-00871-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge Roger A. Page

Defendant entered a best interest plea of guilty to possession of cocaine with the intent to sell and was sentenced to four years on community corrections. The plea attempted to reserve a certified question of law relating to the suppression of evidence. Upon our review of the record, we conclude that we do not have jurisdiction to address the certified question of law. The appeal is dismissed.

State of Tennessee v. Timothy C. Jewell, Jr.
W2000-00998-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Arthur T. Bennett

The Defendant pleaded guilty to one count of aggravated burglary, a Class C felony, and two counts of theft over one thousand dollars, Class D felonies. The trial court sentenced the Defendant to an effective sentence of three years incarceration in the local workhouse. The Defendant now appeals, arguing that the trial court erred in denying him alternative sentencing. Finding no error, we affirm the judgment of the trial court.

Aubrey Lightford vs. Allen Lightford
W2000-02712-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: D. J. Alissandratos
Husband appeals final decree of divorce presenting issues pertaining to amount of child support and division of marital property. Husband did not file a transcript of the evidence, nor did he file a statement of the evidence. We affirm.

Lindsay, Pamela, & John Taylor vs. Al Beard/Southeastern Freight
W2000-02768-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Robert L. Childers
This case involves the application of the statute of limitations to personal injury claims. The plaintiffs are the parents of a minor child who was injured in an automobile accident with the defendant in October 1995. The plaintiffs reached a settlement agreement with the defendants for compensation of their child's injuries, and the parties filed a joint petition with the trial court to have the settlement approved. For reasons which are unclear in the record, the trial court failed to approve the settlement. In February 1999, the plaintiffs withdrew the joint petition to approve the settlement and substituted a claim for damages on behalf of the minor child as well as the parents. In May 1999, the defendants filed a motion for summary judgment on the individual claims of the parents, arguing that these claims were barred by the one-year statute of limitations. The trial court granted the defendants' summary judgment motion. The plaintiffs appealed. We affirm, finding that the issues raised on appeal were not raised to the trial court and therefore cannot be considered on appeal.

Antonio Sweatt vs. Billy Compton
W2001-00002-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: R. Lee Moore Jr.
This appeal arises from a specialist physician's recommendation that the appellant, an inmate, undergo nasal surgery. The Utilization Review Committee of the Tennessee Department of Correction denied the appellant's recommended surgery. The appellant filed a complaint against the appellees, prison employees of the Lake County Regional Correctional Facility, alleging federal constitutional violations, negligence, and medical malpractice. The appellees filed a motion for summary judgment. The trial court granted the motion for summary judgment. On appeal, this Court reversed the grant of summary judgment in favor of the appellees on the Eighth Amendment claim that arose out of the delay in the recommended surgery and remanded for further discovery. This Court affirmed the grant of summary judgment in favor of the Appellees on all other claims. The trial court permitted the parties to conduct further discovery on the Eighth Amendment claim concerning the delay in the recommended surgery. The trial court granted summary judgment to the appellees. The appellant appeals the trial court's grant of summary judgment in favor of the appellees. For the reasons stated herein, we affirm the trial court's decision.

Norma Tillman vs. Leo Haffey, et al
M2000-02196-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Frank G. Clement, Jr.
Plaintiff filed a complaint on August 30, 1999 alleging a cause of action for malicious prosecution and abuse of process arising out of a suit filed against her by defendants. Plaintiff's cause of action accrued when the defendants, as the plaintiffs in the underlying case, voluntarily dismissed their case on September 14, 1998. When plaintiff filed the complaint, summons was issued by the court clerk, but was retained by plaintiff's counsel and returned unserved. An alias summons was issued on November 1, 1999, and defendants were served November 5, 1999. Defendants filed a motion to dismiss, which was granted by the trial court on the ground that the case was barred by the statute of limitations reasoning that the filing of the suit and retaining the process did not toll the running of the statute of limitations. Plaintiff has appealed. We vacate and remand.