State of Tennessee vs. Brian Roberson
01C01-9807-CC-00306
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge Donald P. Harris

The appellant, Brian Roberson, appeals the denial of a Rule 35(b) “Motion for Correction of Sentence” by the Williamson County Criminal Court. This motion arose from a plea entered on January 14, 1998, by the appellant pursuant to an agreed disposition under Rule 11(e)(1)(C), Tenn. R. Crim. P. After pleading guilty to two counts sale of cocaine, a Class B felony, and one count sale of cocaine, a Class C felony, the trial court, in accordance with the plea agreement, imposed a sentence of eight years for each Class B felony and a sentence of three years for the Class C felony. Apparently, the appellant was serving outstanding sentences of 17.5 years at the time he pled guilty to the current charges. The instant eight year sentences were ordered to run concurrently with each other and concurrently with the outstanding sentences of 17.5 years. However, the three year sentence for the Class C felony was ordered to run consecutively to the outstanding sentences for an effective sentence of 20.5 years. On appeal, the appellant argues that the trial court erroneously denied his motion to correct or reduce his three year sentence for the sale of cocaine.
 

Based upon our review of the entire record, i.e., the video transcripts, briefs, and argument of counsel, we affirm the judgment of the trial court pursuant to Rule 20, Tenn. Ct. Crim. App. R.

Janice Young vs. John Doe, et al., - Concurring
01A01-9810-CV-00517
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Judge Thomas W. Graham

This is an uninsured motorist insurance case. Plaintiff/Appellant, Janice C. Young, appeals the order of the trial court granting summary judgment to the unnamed Defendant/Appellee, State Farm Mutual Automobile Insurance Company (State Farm).

Regina Harris, Individually and as Parent and Next Friend of a Minor, v. Dr. Andrew L. Chern and Baptist Hospital, Inc.
01A01-9806-CV-00299
Authoring Judge: Presiding Judge Houston M. Goddard
Trial Court Judge: Judge Thomas W. Brothers

This is a medical malpractice case where in Ronnie Dale Netherton, Jr., sustained severe brain injury incident to his birth at Baptist Hospital, Inc. The Trial Judge granted a partial judgment in favor of Baptist as to any negligence alleged against it in connectin with the post-natal care of Plaintiff Ronnie Netherton, Jr. Although the Trial Judge overruled themotion for summary judgment alleging negligence by Baptist preceding Ronnie's birth, the Trial Judge, when ruling on the Plaintiff's motino to reconsider his orfer of partial summary judgment, overruled the motion and made the partial summary judgment final pursuant to Rule 54 of the Tennessee Rules of Civil Procedure, resulting in this appeal.

Ideal Products, Inc., v. Agmark Foods, Inc.
01A01-9807-CV-00348
Authoring Judge: Presiding Judge Houston M. Goddard
Trial Court Judge: Chancellor Irvin H. Gilcrease, Jr.

This suit involves a commercial lease agreement entered into by Agmark Foods, Inc., Defendant-Appellant, with Ideal Products, Inc. Plaintiff-Appellee, for container chassis used in transporting commodities and bulk products. Agmark Contends that the Chancellor improperly granted a summary judgment in favor of Ideal.

First Deposit National Bank, v. Men K. Quach
01A01-9809-CH-00505
Authoring Judge: Presiding Judge Ben H. Cantrell
Trial Court Judge: Chancellor Carol L. McCoy

This is an attack on the service of a summons. The Chancery Court of Davidson County refused to set aside a default judgment based on the sheriff’s return. We affirm.

Homer R. (Toby) Barnes, et al. v. Employers Mutual Casualty Co. - Concurring
03A01-9812-CH-00403
Authoring Judge: Judge Herschel P. Franks
Trial Court Judge: Chancellor Telford E. Fogety, Jr.

In this Declaratory Judgment action, the Trial Judge entered summary judgment against Employers Mutual Casualty Company, in favor of the plaintiffs, declaring “[t]he defendant owes the plaintiffs a duty of defense of the action pending in the Circuit Court for Sevier County, Tennessee, captioned Devin Phillips v. Toby Barnes . . . and further owes indemnity coverage respecting such claim , pursuant to the policies of insurance in question . . .”. The judgment was entered pursuant to T.R.C.P. Rule 54.02, and the insurance company has appealed that decision to this Court.

Paul Farnsworth v. Billy Compton, et al.
02A01-9809-CV-00257
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Judge R. Lee Moore Jr.

Paul Farnsworth, a pro se inmate, has appealed the trial court’s dismissal of this 42 U.S.C. § 1983 civil rights action that was brought against numerous individually named defendants. Based upon the following, we affirm the trial court’s dismissal.
 

Elease Owens, for herself and as next-of-kin to Etherline Bailey, Deceased v. Methodist Healthcare Systems and William C. Phelps, M.D.
02A01-9704-CV-00089
Authoring Judge: Judge Holly Kirby Lillard
Trial Court Judge: Judge Janice M. Holder

This is a medical malpractice case. The plaintiff asserts that the defendant physician caused
the death of the decedent in the course of childbirth. The jury found in favor of the defendant physician. The plaintiff appeals, asserting error in the jury instructions and juror misconduct. We
affirm.

State of Tennessee v. Ronnie William (Billy) Taylor - Concurring
02SO1-9704-CC-00028
Authoring Judge: Justice William M. Barker
Trial Court Judge: Judge Dick Jerman

We granted this appeal by Ronnie William (Billy) Taylor, the appellant, in  order to address issues pertinent to the sentences he received in the trial  court. In our review, however, we notice as plain error an invalid conviction  that was imposed upon appellant for an offense that was not charged in the indictment.1 Accordingly, for the reasons outlined below, we vacate the invalid burglary conviction and affirm the trial court’s judgment as modified. The cause is remanded to the trial court for further proceedings consistent with this opinion.

Tommy L. King v. State of Tennessee
01S01-9707-CC-00146
Authoring Judge: Justice Janice M. Holder
Trial Court Judge: Judge James Weatherford

In this post-conviction capital case, we granted this appeal to determine whether the jury’s reliance on an invalid felony murder aggravating circumstance was harmless error. Upon review, we hold that the jury's consideration of the invalid felony murder aggravating circumstance was harmless beyond a reasonable doubt due to the strength of the remaining valid aggravating circumstances and the relative weakness or absence of any mitigating circumstances. The Court of Criminal Appeals' decision affirming the trial court's dismissal of the post-conviction petition is affirmed.

Tommy L. King v. State of Tennessee - Concurring/Dissenting
01S01-9707-CC-00146
Authoring Judge: Chief Justice E. Riley Anderson

I agree with the majority that the jury’s reliance on the felony murder aggravating circumstance in this case violated article I, § 16 of the Tennessee Constitution and that a harmless error analysis must be applied under our decision in State v. Howell, 868 S.W.2d 238 (Tenn. 1993). I disagree, however, with both the majority’s application of the Howell analysis and its conclusion.

James E. Martin vs. State of Tennessee
03C01-9807-CR-00253
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge Lynn W. Brown

The Petitioner, James E. Martin, appeals as of right the trial court’s dismissal of his petition fo r writ of habeas corpus relief. After a careful review of the record, we affirm the judgm ent of the trial court.

Donald Sweeney and Vickie Sweeney Moulton, et al., v. Eric Erwin
01A01-9807-CH-00387
Authoring Judge: Presiding Judge Ben H. Cantrell
Trial Court Judge: Chancellor Allen W. Wallace

This is an appeal from a chancery decree awardingspecific performance to the purchasers of a tract of real estate and denying a counterclaim for rent. The lower court rendered the decree after a full evidentiary hearing on the merits. The appellant has not furnished this court with a transcript of the evidence heard at the trial.

Mary Jean Brewer, v. Edward Lelon Brewer, Jr.
01A01-9710-CH-00611
Authoring Judge: Presiding Judge Ben H. Cantrell
Trial Court Judge: Chancellor Robert E. Corlew, III

This case tests the power of the trial court to order an adult, slightly handicapped child to visit his father. The Chancery Court of Rutherford County held that it was the duty of the court to require the visitation. We hold that under the circumstances of this case the court exceeded its jurisdiction.

State of Tennessee vs. John C. Cone
01C01-9805-CR-00227
Authoring Judge: Judge John H. Peay
Trial Court Judge: Judge Seth Norman

The defendant was charged with vandalism, three counts of aggravated assault, and two counts of assault. Pursuant to a plea agreement, he pled guilty to vandalism and two counts of aggravated assault, receiving a sentence of one year on the vandalism count and four years on each aggravated assault count, to be served concurrently. Following a sentencing hearing to determine the manner of service, the trial court denied probation. The defendant now appeals, arguing that the trial court erred in denying probation because it perceived inconsistencies in the defendant’s statements and did not allow the defendant to clarify the evidence through his statutory right of allocution prior to sentencing. Finding no error, we affirm.

Peggy Ann Bouchillon Brasfield v. Jimmy Carroll Brasfield - Concurring
03A01-9804-CH-00144
Authoring Judge: Judge Herschel P. Franks
Trial Court Judge: Chancellor Jerry Beck

This is an appeal from a reduction in ordered child support.

State of Tennessee v. Otis J. Wickfall
02C01-9711-CR-00442
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge W. Fred Axley

The Defendant, Otis J. Wickfall, ap peals as of right his conviction for first degree murder in the Shelby County Crimina l Court. Defendant was sentenced to life imprisonment. In this appeal, Defendant raises the following issues:  I. Whether the trial court erred in denying Defendant’s Motion for Judgment of Acquittal based on the evidence presented by the State;  II. Whether the trial court erred in allowing the introduction of the victim’s blood-staine d shirt to show the trajectory and angle of the bullet;  III. Whether the trial court erred in allowing the introduction of a photograph of a recording label depicting the slang term for murder;  IV. Whether the trial court erred in taking judicial notice of California Penal Code section 187 defining murder; and V. Whether the trial court erred in its jury ins tructions.  After a careful review of the reco rd, we affirm the judgm ent of the trial court.

Greg Williams v. Suburban Manufacturing
03S01-9806-CH-00062
Authoring Judge: Joe C. Loser, Jr., Special Judge
Trial Court Judge: Hon. Jeffrey F. Stewart,
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel in accordance with Tenn. Code Ann. section 5-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. In this appeal, the employee or claimant, Williams, insists the evidence preponderates against the trial court's denial of medical benefits and temporary total disability benefits. The employer, Suburban, insists the evidence preponderance against the trial court's finding that the employee suffered an injury by accident and that the claim should be disallowed because the employee failed to give notice of his claim as required by Tenn. Code Ann. section 5-6-21. As discussed below, the panel has concluded the judgment should be affirmed. The employee initiated this civil action seeking workers' compensation benefits for an injury which occurred when he slipped and fell on ice on his way to work at the employer's plant. The defendant, in its responsive pleading, admitted the employee gave "notification of an occurrence," but denied that the employee "gave proper notice" of an injury. After a trial on the merits, the trial court awarded permanent partial disability benefits, but denied any recovery for temporary total disability benefits and medical expenses for treatment not authorized by the employer. This panel has reviewed the case de novo upon the record of the trial court, accompanied by a presumption of correctness of the findings of fact, unless the preponderance of the evidence is otherwise, pursuant to Tenn. Code Ann. section 5-6-225(e)(2). On February 1, 1996, the claimant slipped on ice as he was entering the employer's plant to begin the day's work. He promptly informed his supervisor of the accident and said he did not know if he would be able to complete the shift or not. The employer did not make a written record of the occurrence or investigate it because the claimant did not request medical care. Four months later, the employer received written notice of the accident from the claimant's attorney. Without consulting the employer, the claimant sought treatment from a chiropractor, Jeffrey C. Hamilton. Dr. Hamilton opined that the February 1st accident caused a new injury superimposed on preexisting back problems, including degenerative disc disease. He referred the claimant to his family physician, who prescribed physical therapy. Dr. Richard B. Donaldson examined and evaluated the claimant. Dr. Donaldson diagnosed low back and knee sprains and chronic pain syndrome. 2

Janet G. Seals v. Jefferson City, Tennessee and Jefferson County, Tennessee
03A01-9808-CV-00269
Authoring Judge: Presiding Judge Houston M. Goddard
Trial Court Judge: Judge Rex Henry Ogle

The issue presented by this appeal is whether an amendment to T.C. A.50 -1-304, (commonly knownn as the Whistle Blower Statute), which brough employees of the State of Tennessee within its purview, should be given retrospective effect.

Bill Jennings v. Lawler-Wood, Inc.
03A01-9803-CV-00111
Authoring Judge: Presiding Judge Houston M. Goddard
Trial Court Judge: Judge Richard E. Ladd

The controversy giving rise to this appeal had its genesis in a service contract for washers and dryers entered into between Plaintiff Bill Jennings and Defendant Lawler-Wood, Inc., which manageg Maple Oak apartments for the owners. 

City of Lafayette v. Mark and Ruby Hammock
01A01-9901-CV-00056
Authoring Judge: Judge Herschel P. Franks
Trial Court Judge: Judge Bobby H. Capers

In its eminent domain proceeding, the City of Lafayette (City) took a small strip of Mark and Ruby Hammock’s land along the City’s right-of-way for an existing street.

Stone Fort Land Company v. The Tennessee Petroleum Underground Storage Tank Board, et al. - Concurring
01A01-9707-CH-00370
Authoring Judge: Judge Holly Kirby Lillard
Trial Court Judge: Chancellor Ellen Hobbs Lyle

This case involves eligibility for environmental cleanup funds. The plaintiff landowner appeals the decision of the Tennessee Petroleum Underground Tank Board finding the plaintiff ineligible to receive reimbursement from the petroleum underground storage tank fund established in Tennessee Code Annotated § 68-215-110. Upon initial review in chancery court, the Board’s decision was reversed. The trial court subsequently reconsidered its decision and, based on recent Tennessee appellate decisions, affirmed the Board’s decision to deny assistance. We affirm.

Pearl Nixon, v. Shoney's, Inc.
01A01-9711-CV-00629
Authoring Judge: Judge Holly Kirby Lillard
Trial Court Judge: Judge Bobby H. Capers

This is a personal injury slip and fall case. The plaintiff was injured when she fell in the defendant’s restaurant due to a tray negligently left on the floor. The defendant restaurant admits liability but asserts that the evidence does not support the amount of the trial court’s award and seeks a remittitur. We affirm the trial court’s decision as modified.

Mitchell L. Darnall, v. A+ Homecare, Inc., and James Bradley Smith, et al. - Concurring
01A01-9807-CV-00347
Authoring Judge: Judge William C. Koch, Jr.

The court has correctly affirmed the summary judgment dismissing Mr. Darnall’s Tenn. Code Ann. § 50-1-304 (Supp. 1998) claim. Even though I concur with the court’s decision, I have prepared this separate opinion to state my understanding of the elements of a Tenn. Code Ann. § 50-1-304 claim. I find this restatement necessary because of the Western Section’s reliance on Johnson v. St. Francis Hosp., Inc., 759 S.W.2d 925 (Tenn. Ct. App. 1988) in Merryman v. Central Parking Sys., Inc., No. 01A01-9203-CH-00076, 1992 WL 330404 (Tenn. Ct. App. Nov. 13, 1992) (No Tenn. R. App. P. 11 application filed).

Theresa G. Jenkins v. Lionel R. Barrett, Jr., and John G. Oliva - Concurring
01A01-9809-CV-00514
Authoring Judge: Judge Herschel P. Franks
Trial Court Judge: Judge Lee Russell

The appellant states the issue before this Court thus:

A single, narrow issue is presented for consideration in this appeal: Does material evidence within the meaning of Rule 13d, appear in the record which suports the jury’s verdict of $140 ,000.00 in compensatory damages, and, if so, did the trial court erroneously grant a new trial?

The case history demonstrates that this issue is not properly before the Court for consideration.