State of Tennessee v. Solomon Akins - Order
02C01-9509-CC-00250
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge Joe G. Riley

This is an appeal as of right pursuant to Tenn. R. App. P. 3. On January 26, 1995, Appellant was convicted by a jury of five counts of selling less than .5 grams of cocaine. As a Range II offender, Appellant received a sentence of eight years and six months for each count. All five of these sentences were concurrent to each other, but consecutive to two previous convictions he was serving on probation. In this appeal Appellant alleges the evidence is insufficient to support the verdicts, and that his sentence is excessive. Having reviewed the record in this matter we are of the opinion that the convictions and sentence are fully supported by the law and evidence and that this matter should be affirmed pursuant to Rule 20, Rules of the Court of Criminal Appeals.

State of Tennessee v. Charles P. Grigsby
02C01-9507-CR-00184
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge John P. Colton, Jr.

The appellant, Charles P. Grigsby, entered an Alford plea to one count of aggravated burglary in the Shelby County Criminal Court and received, pursuant to a plea agreement, a sentence of eight years as a range II offender. The manner of service of the appellant’s sentence was submitted to the trial court for its determination. Following the sentencing hearing, the trial court denied the appellant’s request for an alternative sentence and ordered that his sentence be served in the Department of Correction. The appellant appeals this sentencing decision, specifically contending that the trial court erred by failing to impose a sentence under the Community Corrections Act.  After a review of the record, we affirm the judgment of the trial court.

State of Tennessee v. Timothy Adams, a/k/a Skinny Rock
02C01-9512-CC-00376
Authoring Judge: Special Judge Cornelia A. Clark
Trial Court Judge: Judge William B. Acree, Jr.

The Defendant appeals to this court as of right from a judgment entered on a Weakley County jury verdict convicting him of attempt to commit first degree murder and aggravated assault. The defendant presents four issues for review: (1) that the evidence was insufficient to support a guilty verdict for attempt to commit first degree murder; (2) that principles of double jeopardy prohibit his conviction for both attempt to commit first degree murder and aggravated assault; (3) that the twenty-five year sentence for attempt to commit first degree murder is excessive; and (4) that the court erred in ordering the sentences to be served consecutively to four prior sentences of incarceration.   After review of the record, we affirm in part and reverse in part the trial court’s decision.

State of Tennessee v. James Edward Armstrong
02C01-9603-CC-00087
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge Julian P. Guinn

Defendant Armstrong appeals as of right from a jury verdict of guilty for the sale of a Schedule II controlled substance (cocaine). Sentenced as a Range I standard offender, Armstrong received thirty-seven (37) months in the Tennessee Department of Correction and was fined $2,000. The sole issue for review is whether the evidence is sufficient to sustain Armstrong’s conviction. We affirm the judgment of the trial court.

Stanley Adams v. State of Tennessee
02C01-9505-CR-00142
Authoring Judge: Judge Paul G. Summers
Trial Court Judge: Judge Joseph B. McCartie

The appellant, Stanley Adams, was indicted for first degree murder and especially aggravated robbery. The state sought the death penalty. Pursuant to a negotiated plea, however, the appellant pled guilty to second degree murder and aggravated robbery. He was sentenced to 45 years for second degree murder and 15 years for aggravated robbery. The sentences were ordered to be served concurrently.

State of Tennessee v. Keeta Burden - Order
02C01-9509-CC-00267
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge W. Michael Maloan

This is an appeal as of right from the judgment of the Circuit Court of Obion County, granting Appellant’s motion to modify her sentence, but denying her full probation. See, Tenn. R. Crim. P. 35. Appellant was convicted upon a plea of guilty of the offense of theft of property in excess of $60,000, a Class B felony.  Her original sentence, imposed April 17, 1995, was to a term of eight years in the Department of Correction as a Range I standard offender. The sentence was suspended except for one year which Appellant was ordered to serve in the Obion County Jail. A probationary period was imposed for the balance of the term and restitution ordered as a condition thereof.

State of Tennessee v. Elton Donald Bowers a/k/a Rashid Qawwi
02C01-9509-CC-00282
Authoring Judge: Judge Gary R. Wade
Trial Court Judge: Judge John Franklin Murchison

The defendant, Elton Donald Bowers, also known as Rashid Qawwi, was convicted of aggravated robbery and possession of a weapon with the intent to employ in the commission of the robbery. Tenn. Code Ann. § 39-13-402 and Tenn. Code Ann. § 39-17-307. The trial court ordered the weapons conviction merged with the aggravated robbery, classified the defendant as a career offender, and imposed a thirty-year sentence.

State of Tennessee v. Timothy Wade Hall, Sr.
02C01-9607-CC-00211
Authoring Judge: Judge John H. Peay
Trial Court Judge: Judge Franklin Murchison

The defendant was convicted by a jury of attempt to commit second-degree murder and aggravated assault. After a hearing, he was sentenced to twelve years on the attempt offense and eight years on the assault offense, to run concurrently. In this appeal as of right, the defendant argues that his two convictions must be merged; that the trial court erred in denying his motion for mistrial; and that his sentence is excessive.  Finding merit in the first of these issues, we reverse and dismiss the defendant’s conviction for aggravated assault. We otherwise affirm the judgment below.

Robert Glen Coe v. State of Tennessee - Order
02C01-9606-CR-00200
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge John P. Colton

Appellant, Robert Glen Coe, appeals from the dismissal of his third post-conviction relief petition. He has been convicted of first degree murder, aggravated rape, and aggravated kidnaping. He was sentenced to death for first degree murder and received two sentences of life imprisonment for the other charges. Coe contends the trial court erred in dismissing his petition and presents to this Court the following issues for review:

(1) whether the state withheld exculpatory evidence and presented misleading testimony;

(2) whether the use of the felony-murder aggravating circumstance rendered the death penalty unconstitutional;

(3) whether the jury instruction defining “reasonable doubt” was unconstitutional;

(4) whether the jury instruction on first degree murder omitted an essential element of the offense;

(5) whether he was denied the fundamental right to a unanimous jury verdict;

(6) whether the jury instruction on expert testimony was unconstitutional;

(7) whether the jury was unconstitutionally instructed on the effect of a verdict of not guilty by reason of insanity;

(8) whether the jury instructions precluded full consideration of the defense of insanity;

(9) whether the failure to instruct the jury about eligibility for parole was unconstitutional;

(10) whether the jury instructions erroneously omitted information about the effect of a non-unanimous verdict;

(11) whether he was denied effective review of the death sentence;

(12) whether he was denied effective assistance of counsel at trial and on appeal, including the denial of entitlement to investigative funds;

(13) whether electrocution constitutes cruel and unusual punishment;

(14) whether he was unconstitutionally precluded from consulting with counsel during trial;

(15) whether the death sentence unconstitutionally infringes upon his fundamental right to life; and

(16) whether he was arrested without probable cause.

We affirm the dismissal of the petition.

State of Tennessee v. Michael Bellew
02C01-9510-CC-00324
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge Julian P. Guinn

Appellant Michael Bellew pled guilty in the Henry County Circuit Court to operating a motor vehicle in violation of the Motor Vehicle Habitual Offenders Act. As a Range I standard offender, Appellant received a sentence of two years in the Tennessee Department of Correction. In this direct appeal, he presents the following issue: whether his sentence is excessive.  After a review of the record, we affirm the judgment of the trial court.

Willie Claybrook v. State of Tennessee
02C01-9511-CC-00346
Authoring Judge: Judge Gary R. Wade
Trial Court Judge: Judge Dick Jerman, Jr.

The petitioner, Willie Claybrook, appeals the trial court's denial of post-conviction relief. In this appeal of right, two issues are presented for our review: (1) whether the petitioner was denied effective assistance of counsel; and (2) whether the trial court's order denying relief met the minimum statutory requirements. 
We affirm the judgment of the trial court.

Terry L. Bomar v. State of Tennessee - Order
02C01-9610-CC-00347
Authoring Judge: Presiding Judge Joe B. Jones
Trial Court Judge: Presiding Judge Joe B. Jones

This matter is before the Court upon the state’s motion to affirm the judgment of the trial court under Rule 20, Rules of the Court of Criminal Appeals. The case before this Court represents an appeal from the trial court’s denial of the petitioner’s petition for writ of habeas corpus. The record was filed on October 3, 1996, and the petitioner filed his brief on October 21, 1996. The petitioner was originally indicted on eight counts of aggravated rape and one count of rape in May 1984, and was convicted of rape in October 1984. In the present appeal, the petitioner, relying in part upon State v. Roger Dale Hill, No. 01C01-9508-CC-00267 (Tenn. Crim. App. June 20, 1996), contends the judgment entered against him is void because the indictment failed to allege the mens rea of the offense charged.

James Lee Blair v. State of Tennessee - Order
02C01-9610-CC-00339
Authoring Judge: Presiding Judge Joe B. Jones
Trial Court Judge: Presiding Judge Joe B. Jones

This matter is before the Court upon the state’s motion to affirm the judgment of the trial court under Rule 20, Rules of the Court of Criminal Appeals. The case before this Court represents an appeal from the trial court’s denial of the petitioner’s petition for writ of habeas corpus. The record was filed on October 3, 1996, and the petitioner filed his brief on October 24, 1996. The petitioner was originally indicted for aggravated rape in January 1981, and was convicted of the same in May 1981. In the present appeal, the petitioner, relying in part upon State v. Roger Dale Hill, No. 01C01-9508-CC-00267 (Tenn. Crim. App. June 20, 1996), contends the judgment entered against him is void because the indictment failed to allege the mens rea of the offense charged.

Dural Alston v. State of Tennessee - Order
02C01-9610-CC-00341
Authoring Judge: Presiding Judge Joe B. Jones
Trial Court Judge: Presiding Judge Joe B. Jones

This matter is before the Court upon the state’s motion to affirm the judgment of the trial court under Rule 20, Rules of the Court of Criminal Appeals. The case before this Court represents an appeal from the trial court’s denial of the petitioner’s petition for writ of habeas corpus. The record was filed on October 3, 1996, and the petitioner filed his brief on October 29, 1996. The petitioner was originally indicted for robbery with a deadly weapon in January 1989, and the petitioner pled guilty to the same in May 1989. In the present appeal, the petitioner, relying in part upon State v. Roger Dale Hill, No. 01C01-9508-CC-00267 (Tenn. Crim. App. June 20, 1996), contends the judgment entered against him is void because the indictment failed to allege the mens rea of the offense charged.

Terry Dale Brewer v. State of Tennessee - Order
02C01-9611-CC-00401
Authoring Judge: Presiding Judge Joe B. Jones
Trial Court Judge: Presiding Judge Joe B. Jones

This matter is before the Court upon the state’s motion to affirm the judgment of the trial court under Rule 20, Rules of the Court of Criminal Appeals. The case before this Court represents an appeal from the trial court’s denial of the petitioner’s petition for writ of habeas corpus. The record was filed on November 12, 1996, and the petitioner filed his brief on November 15, 1996. The petitioner was originally indicted on one count of aggravated rape, one count of incest, and two counts of aggravated sexual battery in June 1989, and was convicted of the same in October 1989. In the present appeal, the petitioner, relying in part upon State v. Roger Dale Hill, No. 01C01-9508-CC-00267 (Tenn. Crim. App. June 20, 1996), contends the judgment entered against him is void because the indictment failed to allege the mens rea of the offense charged.

Andrea Jones v. State of Tennessee - Order
02C01-9611-CC-00406
Authoring Judge: Presiding Judge Joe B. Jones
Trial Court Judge: Presiding Judge Joe B. Jones

This matter is before the Court upon the state’s motion to affirm the judgment of the trial court under Rule 20, Rules of the Court of Criminal Appeals. The case before this Court represents an appeal from the trial court’s denial of the petitioner’s petition for writ of habeas corpus. The record was filed on November 13, 1996, and the petitioner filed his brief on December 3, 1996. The petitioner was originally indicted on one count each of aggravated rape and aggravated kidnapping in September 1986, for which the petitioner was subsequently convicted. In the present appeal, the petitioner, relying in part upon State v. Roger Dale Hill, No. 01C01-9508- CC-00267 (Tenn. Crim. App. June 20, 1996), contends the judgment entered against him is void because the indictment failed to allege the mens rea of the offense charged.

In Re: Adoption of S. A. W.
M2007-01690-COA-R3-PT
Authoring Judge: Judge Andy D. Bennett
Trial Court Judge: Judge Robert E. Burch

The biological father of S.A.W. appeals the termination of his parental rights. He maintains that he had no notice of the final hearing. The notice of the hearing was sent in accordance with Tenn. R. Civ. P. 5.02 to the address supplied by the biological father. Proof of due mailing creates a presumption of receipt and nothing in the record rebuts this presumption. We affirm.

In Re: Adoption of F. M. B. P. W.
M2007-01691-COA-R3-PT
Authoring Judge: Judge Andy D. Bennett
Trial Court Judge: Judge Robert E. Burch

The biological father of F.M.B.P.W. appeals the termination of his parental rights. He maintains that he should have been personally served rather than served by publication and that he had no notice of the final hearing. Because we have determined that the statutory requirements of service by publication were not met, we vacate the order and remand the case to the trial court.

Mary Anne Marciante v. William Harold Perry
M2006-02654-COA-R3-CV
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Chancellor Russ Heldman

This appeal involves the classification and division of marital property after a marriage of approximately thirteen years. We have determined that the trial court erred in its classification of various assets and debts, and the resulting distribution of the marital estate was inequitable. Therefore, we modify the judgment and affirm as modified.

Robert J. Young Company v. Nashville Hockey Club Limited Partnership
M2006-2511-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Chancellor Carol McCoy

This case arises from a contract dispute between the parties. The Appellant herein, Nashville Hockey Club, entered into a “Sponsorship Agreement” with the Appellee herein, Robert J. Young Company. Subsequently, the parties agreed to change their agreement. As a result, the parties entered into a subsequent “Letter of Agreement.” When a players’ strike occurred, Appellee wished to cancel the contract. Appellant claimed that the “Sponsorship Agreement,” and particularly the force majeure clause contained therein, were not superseded by the “Letter of Agreement.” The trial court granted summary judgment against Appellee and, following a hearing on Appellant’s counterclaim, granted judgment in favor of Appellant but did not award damages based upon its finding that Appellant had mitigated all of its damages. Appellant appeals on the issue of damages. Appellee appeals on the issue of what, if any, agreement exists between the parties. Finding that the plain language of the “Letter of Agreement” supports a finding that same supersedes the “Sponsorship Agreement,” we reverse and remand.
 

Doyle H. Brandt et al. v. David H. McCord, M.D. et al.
M2007-00312-COA-R3-CV
Authoring Judge: Judge Frank G. Clement, Jr.
Trial Court Judge: Judge Barbara N. Haynes

The issue on appeal in this medical malpractice action is whether the plaintiffs’ lawsuit was timely filed. The plaintiffs, husband and wife, filed this medical malpractice action on December 5, 2003, against three healthcare providers for a surgical procedure performed on husband on December 8, 2000. All defendants filed a Motion to Dismiss and/or for Summary Judgment based on the statute of limitations. The trial court summarily dismissed the complaint finding the plaintiffs had knowledge of enough facts more than one year before filing the lawsuit to put a reasonable person on notice that an injury had been suffered as a result of wrongful conduct by the defendants. The trial court also found that the doctrine of fraudulent concealment did not apply to toll the statute of limitations. The plaintiffs appealed. Finding no error, we affirm.

James W. Burd, et al. v. Daeshawn Traughber a/k/a Daeshawn Souza, et al.
M2007-01973-COA-R3-CV
Authoring Judge: Judge Patricia J. Cottrell
Trial Court Judge: Judge C.L. Rogers

Defendants appeal the trial court’s failure to set aside, under Tenn. R. Civ. P. 60.02, the grant of summary judgment in this intentional tort case. Finding that the trial court did not abuse its discretion, we affirm.

State of Tennessee v. Frank Bennie Jackson, Jr.
E2006-02733-CCA-R3-CD
Authoring Judge: Judge D. Kelly Thomas, Jr.
Trial Court Judge: Judge Rebecca J. Stern

A Hamilton County grand jury indicted the defendant, Frank Bennie Jackson, Jr., for possession of cocaine for resale, driving without a license, and failure to stop at a traffic signal. The defendant filed a motion to suppress alleging that the search of his vehicle incident to a custodial arrest was illegal because he should have received a citation in lieu of arrest for driving without a license and running a red light, both class C misdemeanors. At the hearing on the motion to suppress, the trial court agreed and suppressed all evidence seized as a result of the search incident to arrest. It is from this order that the state now appeals. Following our review, we reverse the judgment of the trial court.

State of Tennessee v. Brandon Thomas
M2007-00440-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Larry B. Stanley, Jr.

The defendant, Brandon D. Thomas, was convicted of one count of resisting arrest, a Class B misdemeanor; and three drug offenses including possession with intent to sell a Schedule II controlled substance (cocaine), a Class B felony; possession with intent to sell a Schedule III controlled substance (dihydrocodeinone), a Class D felony; and simple possession of marijuana, a Class A misdemeanor. He was sentenced to ten years in the Tennessee Department of Correction for the cocaine offense, eleven months and twenty-nine days on each of the other drug offenses and six months for the conviction for resisting arrest, with all the sentences to run concurrently for a total effective sentence of ten years as a Range I, standard offender. On appeal, he argues that the evidence was insufficient to support his cocaine conviction and that he was sentenced improperly. After careful review, we find that the defendant was sentenced improperly but not for the issues on which he appeals. The sentence of eleven months and twenty-nine days for the Class D felony conviction is illegal because the minimum sentence for a Class D felony is two years. We remand to the trial court for entry of a corrected judgment reflecting the minimum sentence and affirm the trial court as to the other raised issues.

State of Tennessee v. James Polk
01C01-9410-CC-00369
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge Jim T. Hamilton

The appellant, James Polk, appeals from a conviction for aggravated robbery entered in the Circuit Court of Maury County. The appellant contends that the trial court should have ordered a new trial pursuant to Rule 33(f) of the Tennessee Rules of Criminal Procedure.  After a review of the record, we affirm the judgment of the trial court.