Midwestern Gas Transmission Company v. Nikki Wallace et al.
M2005-00819-COA-R3-CV
Authoring Judge: Presiding Judge William C. Koch, Jr.
Trial Court Judge: Judge C. L. Rogers

This appeal is one of twenty-seven similar appeals arising from a dispute between a natural gas company that has the power of eminent domain and the owners of twenty-seven properties who are resisting the company’s efforts to construct an extension of an existing pipeline. After these property owners refused to permit the company to conduct preliminary examinations and surveys on their properties, the company filed separate complaints against the owners of each tract in the Circuit Court for Sumner County seeking orders authorizing it to conduct the preliminary examinations and surveys necessary for the siting of the project pursuant to Tenn. Code Ann. § 29-16-121 (2000). The trial court conducted an expedited joint hearing and entered an order dismissing the company’s complaints. The company appealed, and we consolidated the cases for oral argument. We have concluded that Tenn. Code Ann. § 29-16-121 is not preempted by the Natural Gas Act and that the company is entitled to the orders of preliminary entry it sought. Accordingly, we have determined that the trial court erred by dismissing the company’s complaints.

Midwestern Gas Transmission Company v. Berton Gregory et al.
M2005-00820-COA-R3-CV
Authoring Judge: Presiding Judge William C. Koch, Jr.
Trial Court Judge: Judge C. L. Rogers

This appeal is one of twenty-seven similar appeals arising from a dispute between a natural gas company that has the power of eminent domain and the owners of twenty-seven properties who are resisting the company’s efforts to construct an extension of an existing pipeline. After these property owners refused to permit the company to conduct preliminary examinations and surveys on their properties, the company filed separate complaints against the owners of each tract in the Circuit Court for Sumner County seeking orders authorizing it to conduct the preliminary examinations and surveys necessary for the siting of the project pursuant to Tenn. Code Ann. § 29-16-121 (2000). The trial court conducted an expedited joint hearing and entered an order dismissing the company’s complaints. The company appealed, and we consolidated the cases for oral argument. We have concluded that Tenn. Code Ann. § 29-16-121 is not preempted by the Natural Gas Act and that the company is entitled to the orders of preliminary entry it sought. Accordingly, we have determined that the trial court erred by dismissing the company’s complaints.

Midwestern Gas Transmission Company v. Fred P. Walter et al.
M2005-00822-COA-R3-CV
Authoring Judge: Presiding Judge William C. Koch, Jr.
Trial Court Judge: Judge C. L. Rogers

This appeal is one of twenty-seven similar appeals arising from a dispute between a natural gas company that has the power of eminent domain and the owners of twenty-seven properties who are resisting the company’s efforts to construct an extension of an existing pipeline. After these property owners refused to permit the company to conduct preliminary examinations and surveys on their properties, the company filed separate complaints against the owners of each tract in the Circuit Court for Sumner County seeking orders authorizing it to conduct the preliminary examinations and surveys necessary for the siting of the project pursuant to Tenn. Code Ann. § 29-16-121 (2000). The trial court conducted an expedited joint hearing and entered an order dismissing the company’s complaints. The company appealed, and we consolidated the cases for oral argument. We have concluded that Tenn. Code Ann. § 29-16-121 is not preempted by the Natural Gas Act and that the company is entitled to the orders of preliminary entry it sought. Accordingly, we have determined that the trial court erred by dismissing the company’s complaints.

Midwestern Gas Transmission Company v. Calvin Kirkham et al.
M2005-00795-COA-R3-CV
Authoring Judge: Presiding Judge William C. Koch, Jr.
Trial Court Judge: Judge C. L. Rogers

This appeal is one of twenty-seven similar appeals arising from a dispute between a natural gas company that has the power of eminent domain and the owners of twenty-seven properties who are resisting the company’s efforts to construct an extension of an existing pipeline. After these property owners refused to permit the company to conduct preliminary examinations and surveys on their properties, the company filed separate complaints against the owners of each tract in the Circuit Court for Sumner County seeking orders authorizing it to conduct the preliminary examinations and surveys necessary for the siting of the project pursuant to Tenn. Code Ann. § 29-16-121 (2000). The trial court conducted an expedited joint hearing and entered an order dismissing the company’s complaints. The company appealed, and we consolidated the cases for oral argument. We have concluded that Tenn. Code Ann. § 29-16-121 is not preempted by the Natural Gas Act and that the company is entitled to the orders of preliminary entry it sought. Accordingly, we have determined that the trial court erred by dismissing the company’s complaints.

Midwestern Gas Transmission Company v. Patricia G. Green
M2005-00796-COA-R3-CV
Authoring Judge: Presiding Judge William C. Koch, Jr.
Trial Court Judge: Judge C. L. Rogers

This appeal is one of twenty-seven similar appeals arising from a dispute between a natural gas company that has the power of eminent domain and the owners of twenty-seven properties who are resisting the company’s efforts to construct an extension of an existing pipeline. After these property owners refused to permit the company to conduct preliminary examinations and surveys on their properties, the company filed separate complaints against the owners of each tract in the Circuit Court for Sumner County seeking orders authorizing it to conduct the preliminary examinations and surveys necessary for the siting of the project pursuant to Tenn. Code Ann. § 29-16-121 (2000). The trial court conducted an expedited joint hearing and entered an order dismissing the company’s complaints. The company appealed, and we consolidated the cases for oral argument. We have concluded that Tenn. Code Ann. § 29-16-121 is not preempted by the Natural Gas Act and that the company is entitled to the orders of preliminary entry it sought. Accordingly, we have determined that the trial court erred by dismissing the company’s complaints.

Midwestern Gas Transmission Company v. Frank A. Bass et al.
M2005-00801-COA-R3-CV
Authoring Judge: Presiding Judge William C. Koch, Jr.
Trial Court Judge: Judge C. L. Rogers

This appeal is one of twenty-seven similar appeals arising from a dispute between a natural gas company that has the power of eminent domain and the owners of twenty-seven properties who are resisting the company’s efforts to construct an extension of an existing pipeline. After these property owners refused to permit the company to conduct preliminary examinations and surveys on their properties, the company filed separate complaints against the owners of each tract in the Circuit Court for Sumner County seeking orders authorizing it to conduct the preliminary examinations and surveys necessary for the siting of the project pursuant to Tenn. Code Ann. § 29-16-121 (2000). The trial court conducted an expedited joint hearing and entered an order dismissing the company’s complaints. The company appealed, and we consolidated the cases for oral argument. We have concluded that Tenn. Code Ann. § 29-16-121 is not preempted by the Natural Gas Act and that the company is entitled to the orders of preliminary entry it sought. Accordingly, we have determined that the trial court erred by dismissing the company’s complaints.

Midwestern Gas Transmission Company v. Denver L. Pryor
M2005-00803-COA-R3-CV
Authoring Judge: Presiding Judge William C. Koch, Jr.
Trial Court Judge: Judge C. L. Rogers

This appeal is one of twenty-seven similar appeals arising from a dispute between a natural gas company that has the power of eminent domain and the owners of twenty-seven properties who are resisting the company’s efforts to construct an extension of an existing pipeline. After these property owners refused to permit the company to conduct preliminary examinations and surveys on their properties, the company filed separate complaints against the owners of each tract in the Circuit Court for Sumner County seeking orders authorizing it to conduct the preliminary examinations and surveys necessary for the siting of the project pursuant to Tenn. Code Ann. § 29-16-121 (2000). The trial court conducted an expedited joint hearing and entered an order dismissing the company’s complaints. The company appealed, and we consolidated the cases for oral argument. We have concluded that Tenn. Code Ann. § 29-16-121 is not preempted by the Natural Gas Act and that the company is entitled to the orders of preliminary entry it sought. Accordingly, we have determined that the trial court erred by dismissing the company’s complaints.

Midwestern Gas Transmission Company v. Lorrie Marcum
M2005-00804-COA-R3-CV
Authoring Judge: Presiding Judge William C. Koch, Jr.
Trial Court Judge: Judge C. L. Rogers

This appeal is one of twenty-seven similar appeals arising from a dispute between a natural gas company that has the power of eminent domain and the owners of twenty-seven properties who are resisting the company’s efforts to construct an extension of an existing pipeline. After these property owners refused to permit the company to conduct preliminary examinations and surveys on their properties, the company filed separate complaints against the owners of each tract in the Circuit Court for Sumner County seeking orders authorizing it to conduct the preliminary examinations and surveys necessary for the siting of the project pursuant to Tenn. Code Ann. § 29-16-121 (2000). The trial court conducted an expedited joint hearing and entered an order dismissing the company’s complaints. The company appealed, and we consolidated the cases for oral argument. We have concluded that Tenn. Code Ann. § 29-16-121 is not preempted by the Natural Gas Act and that the company is entitled to the orders of preliminary entry it sought. Accordingly, we have determined that the trial court erred by dismissing the company’s complaints.

Midwestern Gas Transmission Company v. Rufus Reese et al.
M2005-00805-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Judge C. L. Rogers

This appeal is one of twenty-seven similar appeals arising from a dispute between a natural gas company that has the power of eminent domain and the owners of twenty-seven properties who are resisting the company’s efforts to construct an extension of an existing pipeline. After these property owners refused to permit the company to conduct preliminary examinations and surveys on their properties, the company filed separate complaints against the owners of each tract in the Circuit Court for Sumner County seeking orders authorizing it to conduct the preliminary examinations and surveys necessary for the siting of the project pursuant to Tenn. Code Ann. § 29-16-121 (2000). The trial court conducted an expedited joint hearing and entered an order dismissing the company’s complaints. The company appealed, and we consolidated the cases for oral argument. We have concluded that Tenn. Code Ann. § 29-16-121 is not preempted by the Natural Gas Act and that the company is entitled to the orders of preliminary entry it sought. Accordingly, we have determined that the trial court erred by dismissing the company’s complaints.

Midwestern Gas Transmission Company v. Larry Law et al.
M2005-00790-COA-R3-CV
Authoring Judge: Presiding Judge William C. Koch, Jr.
Trial Court Judge: Judge C. L. Rogers

This appeal is one of twenty-seven similar appeals arising from a dispute between a natural gas company that has the power of eminent domain and the owners of twenty-seven properties who are resisting the company’s efforts to construct an extension of an existing pipeline. After these property owners refused to permit the company to conduct preliminary examinations and surveys on their properties, the company filed separate complaints against the owners of each tract in the Circuit Court for Sumner County seeking orders authorizing it to conduct the preliminary examinations and surveys necessary for the siting of the project pursuant to Tenn. Code Ann. § 29-16-121 (2000). The trial court conducted an expedited joint hearing and entered an order dismissing the company’s complaints. The company appealed, and we consolidated the cases for oral argument. We have concluded that Tenn. Code Ann. § 29-16-121 is not preempted by the Natural Gas Act and that the company is entitled to the orders of preliminary entry it sought. Accordingly, we have determined that the trial court erred by dismissing the company’s complaints.

Midwestern Gas Transmission Company v. Harold B. Knight et al.
M2005-00791-COA-R3-CV
Authoring Judge: Presiding Judge William C. Koch, Jr.
Trial Court Judge: Judge C. L. Rogers

This appeal is one of twenty-seven similar appeals arising from a dispute between a natural gas company that has the power of eminent domain and the owners of twenty-seven properties who are resisting the company’s efforts to construct an extension of an existing pipeline. After these property owners refused to permit the company to conduct preliminary examinations and surveys on their properties, the company filed separate complaints against the owners of each tract in the Circuit Court for Sumner County seeking orders authorizing it to conduct the preliminary examinations and surveys necessary for the siting of the project pursuant to Tenn. Code Ann. § 29-16-121 (2000). The trial court conducted an expedited joint hearing and entered an order dismissing the company’s complaints. The company appealed, and we consolidated the cases for oral argument. We have concluded that Tenn. Code Ann. § 29-16-121 is not preempted by the Natural Gas Act and that the company is entitled to the orders of preliminary entry it sought. Accordingly, we have determined that the trial court erred by dismissing the company’s complaints.

Midwestern Gas Transmission Company v. Ruth W. Briley
M2005-00792-COA-R3-CV
Authoring Judge: Presiding Judge William C. Koch, Jr.
Trial Court Judge: Judge C. L. Rogers

This appeal is one of twenty-seven similar appeals arising from a dispute between a natural gas company that has the power of eminent domain and the owners of twenty-seven properties who are resisting the company’s efforts to construct an extension of an existing pipeline. After these property owners refused to permit the company to conduct preliminary examinations and surveys on their properties, the company filed separate complaints against the owners of each tract in the Circuit Court for Sumner County seeking orders authorizing it to conduct the preliminary examinations and surveys necessary for the siting of the project pursuant to Tenn. Code Ann. § 29-16-121 (2000). The trial court conducted an expedited joint hearing and entered an order dismissing the company’s complaints. The company appealed, and we consolidated the cases for oral argument. We have concluded that Tenn. Code Ann. § 29-16-121 is not preempted by the Natural Gas Act and that the company is entitled to the orders of preliminary entry it sought. Accordingly, we have determined that the trial court erred by dismissing the company’s complaints.

Midwestern Gas Transmission Company v. Martha Jo Law Fenimore
M2005-00793-COA-R3-CV
Authoring Judge: Presiding Judge William C. Koch, Jr.
Trial Court Judge: Judge C. L. Rogers

This appeal is one of twenty-seven similar appeals arising from a dispute between a natural gas company that has the power of eminent domain and the owners of twenty-seven properties who are resisting the company’s efforts to construct an extension of an existing pipeline. After these property owners refused to permit the company to conduct preliminary examinations and surveys on their properties, the company filed separate complaints against the owners of each tract in the Circuit Court for Sumner County seeking orders authorizing it to conduct the preliminary examinations and surveys necessary for the siting of the project pursuant to Tenn. Code Ann. § 29-16-121 (2000). The trial court conducted an expedited joint hearing and entered an order dismissing the company’s complaints. The company appealed, and we consolidated the cases for oral argument. We have concluded that Tenn. Code Ann. § 29-16-121 is not preempted by the Natural Gas Act and that the company is entitled to the orders of preliminary entry it sought. Accordingly, we have determined that the trial court erred by dismissing the company’s complaints.

Midwestern Gas Transmission Company v. Camilla Jean Palmer Revocable Trust
M2005-00789-COA-R3-CV
Authoring Judge: Presiding Judge William C. Koch, Jr.
Trial Court Judge: Judge C. L. Rogers

This appeal is one of twenty-seven similar appeals arising from a dispute between a natural gas company that has the power of eminent domain and the owners of twenty-seven properties who are resisting the company’s efforts to construct an extension of an existing pipeline. After these property owners refused to permit the company to conduct preliminary examinations and surveys on their properties, the company filed separate complaints against the owners of each tract in the Circuit Court for Sumner County seeking orders authorizing it to conduct the preliminary examinations and surveys necessary for the siting of the project pursuant to Tenn. Code Ann. § 29-16-121 (2000). The trial court conducted an expedited joint hearing and entered an order dismissing the company’s complaints. The company appealed, and we consolidated the cases for oral argument. We have concluded that Tenn. Code Ann. § 29-16-121 is not preempted by the Natural Gas Act and that the company is entitled to the orders of preliminary entry it sought. Accordingly, we have determined that the trial court erred by dismissing the company’s complaints.

Midwestern Gas Transmission Company v. Rebecca Warren
M2005-00830-COA-R3-CV
Authoring Judge: Presiding Judge William C. Koch, Jr.
Trial Court Judge: Judge C. L. Rogers

This appeal is one of twenty-seven similar appeals arising from a dispute between a natural gas
company that has the power of eminent domain and the owners of twenty-seven properties who are
resisting the company’s efforts to construct an extension of an existing pipeline. After these property
owners refused to permit the company to conduct preliminary examinations and surveys on their properties, the company filed separate complaints against the owners of each tract in the Circuit Court for Sumner County seeking orders authorizing it to conduct the preliminary examinations and surveys necessary for the siting of the project pursuant to Tenn. Code Ann. § 29-16-121 (2000). The trial court conducted an expedited joint hearing and entered an order dismissing the company’s complaints. The company appealed, and we consolidated the cases for oral argument. We have concluded that Tenn. Code Ann. § 29-16-121 is not preempted by the Natural Gas Act and that the company is entitled to the orders of preliminary entry it sought. Accordingly, we have determined that the trial court erred by dismissing the company’s complaints.

Midwestern Gas Transmission Company v. Charles A. Deshler and Martha A. Deshler Joint Caring Trust et al.
M2005-00831-COA-R3-CV
Authoring Judge: Presiding Judge William C. Koch, Jr.
Trial Court Judge: Judge C. L. Rogers

This appeal is one of twenty-seven similar appeals arising from a dispute between a natural gas
company that has the power of eminent domain and the owners of twenty-seven properties who are
resisting the company’s efforts to construct an extension of an existing pipeline. After these property
owners refused to permit the company to conduct preliminary examinations and surveys on their properties, the company filed separate complaints against the owners of each tract in the Circuit Court for Sumner County seeking orders authorizing it to conduct the preliminary examinations and surveys necessary for the siting of the project pursuant to Tenn. Code Ann. § 29-16-121 (2000). The trial court conducted an expedited joint hearing and entered an order dismissing the company’s complaints. The company appealed, and we consolidated the cases for oral argument. We have concluded that Tenn. Code Ann. § 29-16-121 is not preempted by the Natural Gas Act and that the company is entitled to the orders of preliminary entry it sought. Accordingly, we have determined that the trial court erred by dismissing the company’s complaints.

Midwestern Gas Transmission Company v. James R. Stephenson, et al.
M2005-00826-COA-R3-CV
Authoring Judge: Presiding Judge William C. Koch, Jr.
Trial Court Judge: Judge C. L. Rogers

This appeal is one of twenty-seven similar appeals arising from a dispute between a natural gas
company that has the power of eminent domain and the owners of twenty-seven properties who are
resisting the company’s efforts to construct an extension of an existing pipeline. After these property
owners refused to permit the company to conduct preliminary examinations and surveys on their properties, the company filed separate complaints against the owners of each tract in the Circuit Court for Sumner County seeking orders authorizing it to conduct the preliminary examinations and surveys necessary for the siting of the project pursuant to Tenn. Code Ann. § 29-16-121 (2000). The trial court conducted an expedited joint hearing and entered an order dismissing the company’s complaints. The company appealed, and we consolidated the cases for oral argument. We have concluded that Tenn. Code Ann. § 29-16-121 is not preempted by the Natural Gas Act and that the company is entitled to the orders of preliminary entry it sought. Accordingly, we have determined that the trial court erred by dismissing the company’s complaints.

Midwestern Gas Transmission Company v. Robert G. Ingrum et al.
M2005-00827-COA-R3-CV
Authoring Judge: Presiding Judge William C. Koch, Jr.
Trial Court Judge: Judge C. L. Rogers

This appeal is one of twenty-seven similar appeals arising from a dispute between a natural gas
company that has the power of eminent domain and the owners of twenty-seven properties who are
resisting the company’s efforts to construct an extension of an existing pipeline. After these property
owners refused to permit the company to conduct preliminary examinations and surveys on their properties, the company filed separate complaints against the owners of each tract in the Circuit Court for Sumner County seeking orders authorizing it to conduct the preliminary examinations and surveys necessary for the siting of the project pursuant to Tenn. Code Ann. § 29-16-121 (2000). The trial court conducted an expedited joint hearing and entered an order dismissing the company’s complaints. The company appealed, and we consolidated the cases for oral argument. We have concluded that Tenn. Code Ann. § 29-16-121 is not preempted by the Natural Gas Act and that the company is entitled to the orders of preliminary entry it sought. Accordingly, we have determined that the trial court erred by dismissing the company’s complaints.

Midwestern Gas Transmission Company v. Michael Rippy et al.
M2005-00828-COA-R3-CV
Authoring Judge: Presiding Judge William C. Koch, Jr.
Trial Court Judge: Judge C. L. Rogers

This appeal is one of twenty-seven similar appeals arising from a dispute between a natural gas
company that has the power of eminent domain and the owners of twenty-seven properties who are
resisting the company’s efforts to construct an extension of an existing pipeline. After these property
owners refused to permit the company to conduct preliminary examinations and surveys on their properties, the company filed separate complaints against the owners of each tract in the Circuit Court for Sumner County seeking orders authorizing it to conduct the preliminary examinations and surveys necessary for the siting of the project pursuant to Tenn. Code Ann. § 29-16-121 (2000). The trial court conducted an expedited joint hearing and entered an order dismissing the company’s complaints. The company appealed, and we consolidated the cases for oral argument. We have concluded that Tenn. Code Ann. § 29-16-121 is not preempted by the Natural Gas Act and that the company is entitled to the orders of preliminary entry it sought. Accordingly, we have determined that the trial court erred by dismissing the company’s complaints.

Midwestern Gas Transmission Company v. James Lassiter, et al.
M2005-00829-COA-R3-CV
Authoring Judge: Presiding Judge William C. Koch, Jr.
Trial Court Judge: Judge C. L. Rogers

This appeal is one of twenty-seven similar appeals arising from a dispute between a natural gas company that has the power of eminent domain and the owners of twenty-seven properties who are resisting the company’s efforts to construct an extension of an existing pipeline. After these property owners refused to permit the company to conduct preliminary examinations and surveys on their properties, the company filed separate complaints against the owners of each tract in the Circuit Court for Sumner County seeking orders authorizing it to conduct the preliminary examinations and surveys necessary for the siting of the project pursuant to Tenn. Code Ann. § 29-16-121 (2000). The trial court conducted an expedited joint hearing and entered an order dismissing the company’s complaints. The company appealed, and we consolidated the cases for oral argument. We have concluded that Tenn. Code Ann. § 29-16-121 is not preempted by the Natural Gas Act and that the company is entitled to the orders of preliminary entry it sought. Accordingly, we have determined that the trial court erred by dismissing the company’s complaints.

Midwestern Gas Transmission Company v. Ronald R. Dunn, et al.
M2005-00824-COA-R3-CV
Authoring Judge: Presiding Judge William C. Koch, Jr.
Trial Court Judge: Judge C. L. Rogers

This appeal is one of twenty-seven similar appeals arising from a dispute between a natural gas company that has the power of eminent domain and the owners of twenty-seven properties who are resisting the company’s efforts to construct an extension of an existing pipeline. After these property owners refused to permit the company to conduct preliminary examinations and surveys on their properties, the company filed separate complaints against the owners of each tract in the Circuit Court for Sumner County seeking orders authorizing it to conduct the preliminary examinations and surveys necessary for the siting of the project pursuant to Tenn. Code Ann. § 29-16-121 (2000). The trial court conducted an expedited joint hearing and entered an order dismissing the company’s complaints. The company appealed, and we consolidated the cases for oral argument. We have concluded that Tenn. Code Ann. § 29-16-121 is not preempted by the Natural Gas Act and that the company is entitled to the orders of preliminary entry it sought. Accordingly, we have determined that the trial court erred by dismissing the company’s complaints.

Midwestern Gas Transmission Company v. Charles Carter, et al.
M2005-00825-COA-R3-CV
Authoring Judge: Presiding Judge William C. Koch, Jr.
Trial Court Judge: Judge C. L. Rogers

This appeal is one of twenty-seven similar appeals arising from a dispute between a natural gas company that has the power of eminent domain and the owners of twenty-seven properties who are resisting the company’s efforts to construct an extension of an existing pipeline. After these property owners refused to permit the company to conduct preliminary examinations and surveys on their properties, the company filed separate complaints against the owners of each tract in the Circuit Court for Sumner County seeking orders authorizing it to conduct the preliminary examinations and surveys necessary for the siting of the project pursuant to Tenn. Code Ann. § 29-16-121 (2000). The trial court conducted an expedited joint hearing and entered an order dismissing the company’s complaints. The company appealed, and we consolidated the cases for oral argument. We have concluded that Tenn. Code Ann. § 29-16-121 is not preempted by the Natural Gas Act and that the company is entitled to the orders of preliminary entry it sought. Accordingly, we have determined that the trial court erred by dismissing the company’s complaints.

Carlito D. Adams v. State of Tennessee
W2005-00459-CCA-R3-PC
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge James C. Beasley, Jr.

The petitioner, Carlito D. Adams, was convicted in 1995 of two counts of felony murder and two counts of attempted felony murder, with the latter being reversed and dismissed. See State v. Carlito D. Adams, No. 02C01-9608-CR-00267, 1997 Tenn. Crim. App. LEXIS 1247 (Tenn. Crim. App. Dec. 11, 1997), perm. to appeal denied concurring in results only (Tenn. Nov. 9, 1998). In November 1999, he filed a petition for post-conviction relief, which, according to the petitioner, was dismissed for failure to prosecute. Additionally, he alleges that this court denied, on January 25, 2002, his motion to reconsider the dismissal. On January 19, 2005, he filed a motion to reopen his post-conviction petition, claiming that a new right, which he sought to assert, had been recognized in Blakely v. Washington, 542 U.S. 296, 124 S. Ct. 2531 (2004), and that there was new scientific evidence establishing his actual innocence. The post-conviction court denied the motion to reopen, and the petitioner appealed. Following our review, we affirm the order of the post-conviction court.

Grover L. Dunigan v. State of Tennessee
E2005-01574-CCA-R3-PC
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge Jon Kerry Blackwood

Petitioner, Grover L. Dunigan, filed a pro se petition for post-conviction relief, alleging that he received the ineffective assistance of counsel regarding his conviction for second degree murder. The post-conviction court dismissed the petition without a hearing on the grounds that the petition was time-barred. In this appeal, Petitioner argues that due process requires tolling the statute of limitations because his trial attorney never told him that the supreme court had denied his Rule 11 application. After a thorough review of the record, we find that the lower court properly dismissed the petition. Therefore, the judgment of the post-conviction court is affirmed.

Carlos L. Rice v. David Mills, Warden
W2005-01800-CCA-R3-HC
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge Joseph H. Walker, III

The Petitioner, Carlos L. Rice, appeals the lower court’s denial of his petition for habeas corpus relief. The State has filed a motion requesting that this Court affirm the trial court pursuant to Rule 20, Rules of the Court of Criminal Appeals. The Petitioner has failed to allege any ground that would render the judgment of conviction void. Accordingly, we affirm the trial court’s dismissal.