Janet Baca v. Liberty Mutual Insurance Company and Ih
E2002-00273-WC-R3-CV
Authoring Judge: Byers, Sr.J.
Trial Court Judge: Jerri Bryant, Chancellor
The plaintiff appeals the trial judge's decision that the plaintiff's medical proof was insufficient to establish causation. We affirm the judgment of the trial court.

George Wayne Greer v. Heilig-Myers Furniture,
E2001-01008-WC-R3-CV
Authoring Judge: Thayer, Sp. J.
Trial Court Judge: Jean A. Stanley, Chancellor
The trial court awarded the employee 7 percent permanent partial disability to the body as a whole. The employer contends the evidence preponderates against the award and that the employee made a meaningful return to work. Judgment of the trial court is affirmed.

Teresa Lynn Kidwell Atkins v. Ronal Lee Atkins
E2001-02043-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: John D. Mcafee

Teresa Lynn Kidwell Atkins v. Ronal Lee Atkins
E2001-02043-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: John D. Mcafee

Joseph Bolinger vs. Sharon Ann Bolinger
E2002-00103-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: Conrad E. Troutman, Jr.
In this divorce case, the sole issue for our review is whether the Trial Court properly classified three IRAs held by Joseph D. Bolinger ("Husband") as partially marital and partially separate assets. Applying the analysis set forth by the Supreme Court in the case of Langschmidt v. Langschmidt, 81 S.W.3d 741 (Tenn. 2002), we hold that the IRAs, which were funded with premarital assets, should be classified as Husband's separate property. We therefore vacate the Trial Court's judgment that the IRAs are partially marital assets and remand this case.

State of Tennessee v. Russell Maze
M2000-02249-CCA-R3-CD
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge Steve R. Dozier

A Davidson County grand jury indicted the defendant on one count of class A felony aggravated child abuse. A trial jury subsequently convicted him as charged. For this conviction the trial court sentenced him as a violent offender to serve twenty-one years. He next unsuccessfully pursued a motion for a judgment of acquittal or in the alternative a new trial. Through this appeal the defendant continues to assert that the trial court erred in not properly instructing the jury on lesser-included offenses and by admitting contested medical testimony. While the second contention merits no relief, we must reverse the conviction and remand the matter based upon error in instructing lesser-included offenses.

State of Tennessee v. Tracey Dion Payne
M2000-02584-CCA-R3-CD
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge Seth W. Norman

The defendant was convicted of two counts of rape of a child pursuant to a jury trial. He was charged with a total of four counts of rape of a child, with two counts per indictment. The trial court consolidated these two indictments for trial. However, the trial court dismissed one indictment due to certain improprieties that occurred during the testimony of one of the victims. For the aforementioned convictions, the trial court sentenced the defendant to serve an aggregate sentence of forty years, which was comprised of two consecutive twenty-year sentences. The defendant now brings the instant appeal challenging the sufficiency of the evidence supporting the defendant's conviction, the trial court's decision to consolidate the defendant's two indictments, and the trial court's failure to declare a mistrial at the close of the prosecutor's closing argument. After reviewing the record, we find that the trial court improperly consolidated the two indictments for trial and therefore reverse and remand this case for a new trial.

State of Tennessee v. Timothy Wayne Grimes
M2001-02385-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Allen Wilson Wallace
Defendant was convicted of criminal trespass and resisting arrest. On appeal, defendant asserts that (1) there was insufficient evidence to sustain the convictions, (2) the trial court's instruction to the jury was error in that it went to the "ultimate issue" of defendant's guilt of criminal trespass, and (3) the trial court abused its discretion in allowing defendant to be impeached with a prior conviction for aggravated assault. We affirm the judgment of the trial court.

State of Tennessee v. Janet Huffine Dykes
E2001-01722-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge Robert E. Cupp

The Defendant, Janet Huffine Dykes, was convicted by a jury of one count of reckless aggravated assault and one count of aggravated child abuse through neglect. The trial court merged the assault conviction into the child abuse conviction and sentenced the Defendant as a Range I standard offender to fifteen years in the Department of Correction. The Defendant now appeals as of right, challenging the sufficiency of the evidence in support of her convictions. We find the evidence is not sufficient to support the Defendant's conviction of aggravated child abuse through neglect and therefore reverse that conviction. We find the evidence sufficient to support the reckless aggravated assault conviction, and affirm that conviction. Because the Defendant was not sentenced for reckless aggravated assault, we remand this case for sentencing on the Defendant's conviction for reckless aggravated assault.

Wallace Forsythe v. Timothy Gibbs
M2001-02055-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Barbara N. Haynes
A laborer injured on the job during horseplay initiated by his employer claimed that he was entitled to damages in tort for his employer's actions. The trial court dismissed the suit, ruling that the plaintiff was bound by the exclusive remedy provisions of the Workers' Compensation Statute. We affirm.

Gregory Thompson v. Ricky Bell, Warden
M2001-02460-CCA-OT-CO
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge L. Craig Johnson

Appellant, Gregory Thompson, was convicted for the first degree murder of Brenda Lane. The murder occurred on January 1, 1985. The jury imposed the death penalty. Our supreme court affirmed the conviction and sentence of death. State v. Thompson, 768 S.W.2d 239 (Tenn. 1989). Appellant subsequently filed a petition for post-conviction relief. The petition was denied by the trial court, and the trial court's denial was subsequently affirmed by our Court. Thompson v. State, 958 S.W.2d 156 (Tenn. Crim. App. 1997). Later, in 2001, Appellant filed a petition for writ of error coram nobis, which the trial court dismissed without an evidentiary hearing because it was filed after expiration of the applicable one-year statute of limitations. This appeal followed. We affirm the judgment of the trial court.

State of Tennessee v. Andrew B. Simpkins
M2001-01737-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge John H. Gasaway, III

A Montgomery County jury convicted the Defendant of one count of criminal attempt to commit first degree murder and one count of possession of a prohibited weapon. The Defendant now appeals, asserting that the evidence was insufficient to support his convictions. After reviewing the record, we find no error and thus affirm the judgments of the trial court.

Cooper Mgmt. vs. Performa Entertainment.
W2001-01134-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Robert A. Lanier
This appeal involves a chancery court's decision to hold an enjoined party in both civil and criminal contempt for failing to abide by an injunction. The injunction required the enjoined party to remove a tent structure from certain property within a reasonable time. The enjoined party was also ordered to refrain from placing further encroachments on the property. Following a petition for contempt, the court found that the enjoined party had failed to remove the tent structure within a reasonable time and had, instead, placed more items on the property. Accordingly, the court found the enjoined party in civil and criminal contempt. Under the civil contempt charge, the enjoined party was sentenced to jail until he complied with the court's order. For the criminal contempt charge, the court ordered the party to serve seven days in jail. Five days into the enjoined party's sentence, he complied with the court's order and was released on bond. He now appeals the remaining two days on his sentence. For the following reasons, we affirm in part, reverse in part, and remand this case to the chancery court for further proceedings consistent with this opinion.

State of Tennessee v. Steven David Brooks
E2001-00920-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Richard R. Baumgartner

A Knox County jury convicted the Defendant of three counts of rape of a child and of two counts of rape. The trial court sentenced the Defendant to twenty-three years for each rape of a child conviction and to ten years for each rape conviction. All sentences were to be served concurrently, for an effective sentence of twenty-three years. The Defendant now appeals, arguing the following: (1) that the trial court erred by not severing the offenses involving different victims, (2) that the evidence presented at trial was insufficient to convict the Defendant of the charged offenses, and (3) that the cumulative error during the proceedings deprived the Defendant of a fair trial and due process of law. Concluding that the trial court's failure to sever the offenses was error and that the error was not harmless, we reverse the judgments of the trial court, sever the offenses by victim, and remand for new trials.

Gregory Fuller v. State of Tennessee
M2001-01271-CCA-R3-PC
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge Cheryl A. Blackburn

The petitioner, Gregory Fuller, appeals from the Davidson County Criminal Court's denial of his petition for post-conviction relief from his felony cocaine possession conviction and resulting fifteen-year sentence. He contends that the trial court erred in denying relief, claiming that (1) he received the ineffective assistance of counsel and (2) the trial court erred in denying his motion for a continuance. We affirm the judgment of the trial court.

State of Tennessee v. Maurice Lashaun Nash
W2001-01703-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge Joseph H. Walker, III

The Appellant, Maurice Lashaun Nash, appeals his conviction by a Tipton County jury for facilitation of possession of marijuana, a schedule VI controlled substance, with intent to deliver, a class A misdemeanor. On appeal, Nash raises the following issues for our review: (1) whether the trial court erred by denying his motion to suppress, and (2) whether the evidence in the record is insufficient as a matter of law to sustain his conviction. After a review of the record, we find plain error in the trial court's instruction to the jury charging the offense of facilitation, as this lesser offense was not fairly raised by the evidence. Accordingly, Nash's conviction is reversed and remanded for a new trial upon the lesser offense of class A simple possession.

Ronnie Sykes v. Robbie Richardson
M2001-02097-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Don R. Ash
Tenured teacher filed a petition for review of board of education action discharging him from his teaching position. The trial court, the Honorable Don R. Ash, presiding by interchange, upheld the decision by the board of education. Petitioner appeals. We affirm.

Debra Bolin v. Carl Bolin
M2001-02168-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Carol A. Catalano
Wife filed for divorce soon after Husband was sentenced to four years in prison for causing the death of Son. The trial court granted Wife the divorce on the grounds of inappropriate marital conduct. The court also determined that section 31-1-106 of the Tennessee Code prohibited Husband from collecting his portion of Son's life insurance policy. We affirm the decision of the trial court.

James Cone, dec. by next friend Tim Cone v. State
M2001-02242-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
After his father was killed while crossing railroad tracks located in Sumner County, Tim Cone ("Plaintiff"), as next friend and on behalf of his father James R. Cone, sued the State of Tennessee ("Defendant") in the Claims Commission. Plaintiff claimed Defendant exercised control over the railroad crossing and was responsible for the dangerous condition at that crossing. Plaintiff also claimed Defendant negligently deprived James R. Cone of certain statutory rights. The Claims Commission granted Defendant's motion to dismiss for failure to state a claim upon which relief could be granted holding it did not have jurisdiction over Plaintiff's three claims. Plaintiff appeals. We affirm in part, reverse in part, and remand this case to the Claims Commission.

Marc A. Bland v. James M. Dukes, Warden
W2002-00579-CCA-R3-CO
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge Joseph H. Walker, III

The petitioner, Marc A. Bland, appeals as of right the Lauderdale County Circuit Court's dismissal of his petition for habeas corpus relief. He contends that his judgments of conviction are void due to illegal sentences contained therein. We affirm the trial court's dismissal of the petition.

Eugene/Mark Selker vs. Russell Savory
W2001-00823-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: John R. Mccarroll, Jr.
This appeal involves a dismissed claim for malicious prosecution. The plaintiffs in the present action filed their complaint one year and thirty days after a final judgment was issued in the underlying suit. The defendants responded by filing separate motions to dismiss for failure to state a claim. The trial court sustained the defendants' motions, holding that the plaintiffs' claim was barred by the one year statute of limitations. The plaintiffs appealed and now argue that the statute of limitations on their claim did not begin to run until the applicable period for appeal in the underlying litigation expired. For the following reasons, we affirm the decision of the trial court.

Robert Lee Goss and Carl W. Hale v. State of Tennessee
W2001-02504-CCA-R3-PC
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge Joseph H. Walker, III

The Appellants, Robert Lee Goss and Carl W. Hale, were convicted by a Lauderdale County jury of first-degree murder and aggravated assault. They appeal as of right the judgment of the Lauderdale County Circuit Court denying their petitions for post-conviction relief. On appeal, the Appellants argue that trial counsel were ineffective because they did not pursue a defense of insanity and/or diminished capacity. After review of the record, we find that the Appellants received the effective assistance of counsel. Accordingly, the judgment of the post-conviction court is affirmed.

Giovanny Orpeau v. State of Tennessee - Order
M2002-00060-CCA-R3-CO
Authoring Judge: Judge David G. Hayes

The Appellant, Giovanny Morpeau, appeals from the denial of his petition for writ of habeas corpus by the Wilson County Criminal Court. On November 2, 2001, the Appellant was arrested and charged with aggravated robbery. At the Appellant's initial appearance in the general sessions court on November 6, 2001, he was found indigent, bail was set at $50,000, and a preliminary hearing was scheduled for December 19, 2001. On November 29, 2001, the Appellant filed a petition for writ of habeas corpus seeking release from confinement upon grounds that his continued confinement beyond ten days, without being afforded a preliminary hearing, violated Rule 5(d) of the Tennessee Rules of Criminal Procedure.1 On November 30, 2001, the Appellant’s habeas corpus petition was denied. On December 10, 2001, the Appellant filed notice of appeal. On December 19, 2001, the Appellant's preliminary hearing was conducted in the general sessions court at which time he was bound over to the next term of the grand jury. During the January 2002 session of the Wilson County Criminal Court, the Appellant was indicted by the grand jury on one count of aggravated robbery.

Chad Daniel Easterly v. State of Tennessee
E2001-03042-CCA-R3-PC
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge James E. Beckner

The Defendant, Chad Daniel Easterly, pled guilty to kidnapping and evading arrest. The plea agreement included an effective eight year sentence as a Range I standard offender. The Defendant subsequently filed a post-conviction petition, alleging that his convictions were the result of ineffective assistance of counsel and prosecutorial misconduct. After a hearing, the trial court denied relief. The Defendant now appeals as of right. We affirm the judgment of the trial court.

G.L. Vanhorn v. Dan Webb and Bryant M. Raines D/B/A Mickey's Late Night Party
M2001-00807-COA-R3-CV
Authoring Judge: Judge Holly Kirby Lillard
Trial Court Judge: Judge Carol L. Soloman

This case arises from commercial property leases. The defendants operated a late night dance club on premises leased from the plaintiff. The plaintiff landlord unilaterally terminated the leases, changed the locks, and filed suit to recover for damage to the premises. While several pretrial motions were pending, the trial court scheduled the final hearing. The trial court found that the defendant tenants had a week-to-week oral lease and that the tenants violated the lease by engaging in illegal activity on the premises. On appeal, the defendant tenants argue that they were not given sufficient notice prior to the final hearing. We affirm, because the record does not show that the issues raised on appeal were presented to the trial court.