Opinions

State vs. Darrell Baker
M1999-00272-CCA-R3-CD
Authoring Judge: Presiding Judge Joseph M. Tipton
Trial Court Judge: Timothy L. Easter

State vs. James Matthew Lawrence
M1999-00004-CCA-R3-CD
Authoring Judge: Judge John H. Peay

Rudy Wendell Myers vs. State
M1999-00498-CCA-R3-PC
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: J. Curtis Smith

Karon Spicer vs. James Spicer
M1999-01285-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: Leonard W. Martin
In this divorce case, the husband challenges only the trial court's refusal to award him a portion of the wife's retirement account. Although retirement benefits earned during a marriage are marital property, we find the division of property to be equitable and affirm.

03C01-9803-CR-00118
03C01-9803-CR-00118

E1999-01465-CCA-R3CD
E1999-01465-CCA-R3CD

Trial Court Judge: D. Kelly Thomas, Jr.

Mary Ruth Willis vs. University Health System
E2004-00259-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: Harold Wimberly
Plaintiff added defendant to suit pursuant to Tenn. R. App. P. Rule 15 after statute of limitations expired. The Trial Court granted defendant summary judgment. On appeal, we affirm.

Blackmon vs. TN Bd. of Paroles
M1998-00887-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Irvin H. Kilcrease, Jr.

Bryant vs. HCA Health Services of TN
M1998-00770-SC-R11-CV
Authoring Judge: Justice Janice M. Holder
Trial Court Judge: Walter C. Kurtz

Pike vs. John Maher Builders, Inc.
M1999-00094-COA-R3-CV
Authoring Judge: Judge David R. Farmer

Revis vs. McClean, et al
M1999-00658-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Robert E. Burch

Manufacturers Consolidation vs. Rick Rodell et al
W1998-00889-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: James F. Russell

State vs. Jerry Travis
W1999-01089-CCA-R3-CD
Authoring Judge: Judge Gary R Wade
Trial Court Judge: Julian P. Guinn

State vs. Kawaski Taylor
W1998-00656-CCA-R3-CD
Authoring Judge: Judge David H. Welles

Floyd Campbell vs. Corrections Corp. of America
M1999-01082-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: Jim T. Hamilton
This is an appeal by an inmate in a prison operated by Corrections Corporation of America (CCA). His claim stems from the monetary loss he received as a result, he alleges, of CCA employee(s) adding an unauthorized name and number to Mr. Campbell's call list which resulted in unauthorized charges. The court below dismissed Mr. Campbell's complaint on the grounds that the complaint did not allege a cause of action against CCA. We disagree. Mr. Campbell did sufficiently allege a cause of action against CCA for the negligence of its employee(s) in violating prison policies and adding an eleventh name and number to his call list without his permission or authorization. Further, CCA may be held vicariously liable for the negligent acts of its employees and, therefore, is a proper defendant.

State vs. Jeffrey Eugene Wright, a.k.a Jeffrey Eugene Arnell
M1999-00647-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Walter C. Kurtz

Joe Martin vs. State
M1999-01642-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell

Claimant, an inmate who was housed in a prison operated by a private prison operating company, filed a claim against the State for the loss of his personal property due to acts of employees of the company. The Claims Commission dismissed the claim for lack of jurisdiction because the private prison employees responsible for the loss were not "state employees." We affirm.

State vs. Henry DeQuan Rhodes
M1999-959-CCA-R3-CD

Trial Court Judge: J. O. Bond

M1998-00118-CCA-R3-CD
M1998-00118-CCA-R3-CD
Authoring Judge: Sr. Judge L. Terry Lafferty
Trial Court Judge: Robert W. Wedemeyer

State of Tennessee v. Khanh V. Le
W1998-00637-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle

The lead opinion of Judge Ogle, the separate concurring opinion of Judge Welles, and the separate opinion of Judge Woodall concurring in part and dissenting in part, filed in this case on March 6, 2000, are withdrawn.

State of Tennessee v. Khanh V. Le
W1998-00637-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge W. Fred Axley

On November 10, 1997, the appellant, Khanh V. Le, was convicted by a jury in the Shelby County Criminal Court of first degree murder. The trial court sentenced the appellant to life imprisonment in the Tennessee Department of Correction.  In this appeal as of right, the appellant presents the following issues for our review:

(I) Whether the evidence is sufficient to sustain the appellant’s conviction of first degree murder;

(II) Whether the trial court erred by refusing to charge any lesser included offenses to first degree murder;

(III) Whether the trial court erred by denying the appellant’s motion to suppress identification testimony.

Following a review of the record and the parties’ briefs, we affirm the judgment of the trial court.

State of Tennessee v. Khanh V. Le - Concurring and Dissenting
W1998-00637-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge W. Fred Axley

I concur with Judge Ogle’s opinion concerning the issue of sufficiency of the evidence to sustain the conviction for first degree murder and the issue regarding the suppression of identification testimony. I concur that the trial court did not err by refusing to charge voluntary manslaughter as a lesser-included offense.  I also concur that the trial court erred by failing to charge second degree murder as a lesser-included offense. However, I dissent from the majority opinion’s conclusion that this error was not reversible error.

Cynthia Y. Long v. City of Maryville
E1999-00024-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: Judge W. Dale Young

This appeal from the Circuit Court of Blount County concerns liability under the Tennessee Governmental Tort Liability Act, which grants immunity, subject to certain statutory exceptions, to governmental entities pursuant to Tennessee Code Annotated § 29-20-201. Cynthia Y. Long, the Plaintiff/Appellant, appeals the Trial Court’s judgment on directed verdict in favor of the City of Maryville, the Defendant/Appellee.

Cynthia Y. Long v. City of Maryville - Dissenting
E1999-00024-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Judge W. Dale Young

I dissent because I do not find that the evidence preponderates against the trial court’s judgment dismissing the plaintiff’s complaint. In fact, there is precious little evidence in the record bearing on the culpability of the City of Maryville (“the City”). In my judgment, the proof shows little more than that the plaintiff slipped and fell on icy pavement in a city park at a place near a functioning water fountain on a day when the temperature was at or below freezing. What the evidence does not show is negligence of an employee of the City; notice to the City of a condition of the type described in T.C.A. § 29-20- 203(a); or the necessary causal connection between actionable conduct on the part of the City and the plaintiff’s fall.

State of Tennessee v. La Southaphanh
M1999-00302-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge James K. Clayton, Jr.

The appellant, La Southaphanh, appeals his jury convictions for aggravated burglary and theft over $1,000. The trial court imposed, as a Range II offender, a nine year sentence for aggravated burglary and a concurrent seven year sentence for theft. On appeal, the appellant’s sole challenge is the sufficiency of the convicting evidence.  Following review, we affirm.