Michael Eugene Sample, et al., v. State of Tennessee - Concurring
W1999-01202-SC-R11-PC
Authoring Judge: Xhief Justice Frank F. Drowota, III
Trial Court Judge: Judge Bernie Weinman

I fully concur in the majority decision but feel compelled to write separately to respond to the dissent’s characterization of the majority’s decision in State v. Workman, 41 S.W.3d 100 (Tenn. 2001), as a “hastily considered decision – one brought on by the pressures of extraordinary circumstances – and it cannot be justified as a logical or natural progression of the law.” To the contrary, from even a cursory reading it is clear that the majority decision in Workman resulted from a principled application of established law to the facts of a particular case. The dissent’s claim that the majority opinion in Workman is not founded in logic or prior law is easily dispelled by simply considering the language of the opinion itself, rather than the dissent’s hyperbole. In concluding that consideration of Workman’s petition for a writ of error coram nobis was not foreclosed by the statute of limitations, the majority meticulously applied the due process balancing test outlined in Burford v. State, 845 S.W.2d 204 (Tenn. 1992), Seals v. State, 23 S.W.3d 272 (Tenn. 2000), and Williams v. State, 44 S.W.3d 464 (Tenn. 2001). In so holding, we stated as follows: As in Burford, to determine whether due process requires tolling in this case, we must consider the governmental interests involved and the private interests affected by the official action. In this case, as in Burford, the governmental interest in asserting the statute of limitations is the prevention of stale and groundless claims. The private interest involved here is the petitioner’s opportunity to have a hearing on the grounds of newly discovered evidence which may have resulted in a different verdict if heard by the jury at trial. If the procedural time bar is applied, Workman will be put to death without being given any opportunity to have the merits of his claim evaluated by a court of this State.

State of Tennessee v. Israel Michua Camacho
E2001-00554-CCA-R3-CD
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge James E. Beckner

The defendant, Israel Michua Camacho, appeals his convictions in the Greene County Criminal Court for facilitation of possession of one-half gram or more of cocaine with intent to deliver, a Class C felony, and facilitation of possession of not less than ten pounds nor more than seventy pounds of marijuana with intent to deliver, a Class E felony. The trial court sentenced him as a Range I, standard offender to concurrent sentences of four years in the Tennessee Department of Correction for the facilitation of possession of cocaine conviction and two years for the facilitation of possession of marijuana conviction. The defendant claims that the evidence is insufficient to support his convictions and that he deserves a new trial because the state failed to provide the defense with a discoverable videotape in a timely manner. We affirm the judgments of the trial court.

State of Tennessee v. Jenny Bea Huffstetler
E2001-02197-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge D. Kelly Thomas, Jr.

The Defendant, Jenny Bea Huffstetler, pled guilty to three counts of forgery, one count of fraudulent use of a credit card, one count of misdemeanor assault, and one count of theft under $500. For these offenses, the Defendant received an effective sentence of three years as a Range I, standard offender. Her sentence was suspended and she was placed on intensive probation. Following a hearing on allegations that the Defendant had violated the terms of her probation, the trial court ordered the Defendant to serve nine months in jail and the balance of her sentence on community corrections. The Defendant now appeals. We affirm the judgment of the trial court.

State of Tennessee v. Timothy Ken Sexton
E2000-01779-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Douglas A. Meyer

The Hamilton County Grand Jury indicted the fifteen-year-old Defendant, charging him with second degree murder. Following a transfer hearing, the Defendant was tried as an adult. A Hamilton County jury found the Defendant guilty of the indicted charge, and the trial court sentenced him to twenty years in the Department of Correction. The Defendant now appeals, arguing the following: (1) that there was insufficient evidence to convict the Defendant of second degree murder, (2) that the juvenile court erred by transferring the Defendant to be tried as an adult, (3) that the trial court erred by denying the Defendant's motion to suppress his statement, (4) that the trial court erred by allowing the State to cross-examine two character witnesses for the defense about their knowledge of the Defendant's juvenile record, and (5) that the trial court erred in sentencing the Defendant to twenty years in the Department of Correction. Concluding that the trial court erred by allowing the State to introduce evidence of the Defendant's prior juvenile record during the cross-examination of character witnesses for the Defendant, we reverse and remand for a new trial.

Mario Hawkins v. State of Tennessee
M2000-02901-CCA-R3-CD
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge Steve R. Dozier

After a juvenile court transferred the petitioner's case, a Davidson County grand jury indicted the petitioner on one count of first degree murder. Following a jury trial, the petitioner stood convicted of this offense and for this conviction received a life sentence. Thereafter he unsuccessfully sought relief through a direct appeal. See State v. Mario Hawkins, No. 01C01-9701-CR-00014, 1998 Tenn. Crim. App. LEXIS 685, at *2, *21 (Tenn. Crim. App. at Nashville, July 2, 1998). Subsequently, he filed a pro se petition for post-conviction relief and was appointed counsel. Counsel filed an amended petition alleging ineffective assistance of trial counsel. After conducting a hearing on this matter, the trial court denied the petitioner the relief requested. Through this appeal the petitioner continues to assert that trial counsel provided ineffective assistance by failing to adequately investigate the petitioner's mental health and utilize this information as a defense to the first degree murder charge. However, after reviewing this assertion, we find it to lack merit. We, therefore, affirm the trial court's denial of the post-conviction petition.

State of Tennessee v. James Alfred Carey
M2001-02003-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Jane W. Wheatcraft

The Defendant pled guilty to one count of selling less than 0.5 grams of cocaine, a Schedule II controlled substance, and to three counts of domestic assault. The trial court sentenced the Defendant as a Range II, multiple offender to ten years incarceration for the drug conviction and to eleven months and twenty-nine days for each of the assault convictions. The trial court ordered that the sentences be served concurrently, but consecutive to a prior sentence. The Defendant now appeals, arguing that he was improperly sentenced. Finding no error, we affirm the judgment of the trial court.

Blake E. Hallum v. State of Tennessee
M2001-00569-CCA-R3-PC
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge J. Randall Wyatt, Jr.

A Davidson County jury convicted the petitioner, Blake Edward Hallum, of felony murder and especially aggravated robbery, and the trial court sentenced the petitioner to serve consecutive sentences of life imprisonment for his felony murder conviction and 17 years for his especially aggravated robbery conviction. The petitioner appealed his convictions to this Court, and we affirmed the judgment of the trial court. See State v. Richard Bruce Halfacre, No. 01C01-9703-CR-00083, 1998 Tenn. Crim. App. LEXIS 1117, at *1 (Tenn. Crim. App. at Nashville, Oct. 29, 1998). The petitioner sought post-conviction relief, and the trial court denied his petition after a hearing on the merits. The petitioner now appeals the trial court's denial of his petition for post-conviction relief, alleging that he is entitled to post-conviction relief because a state's trial witness testified at the post-conviction hearing and contradicted her trial testimony, invoked her Fifth Amendment right against self-incrimination, and/or pleaded lack of memory in response to questions about the truthfulness of her trial testimony. After reviewing the record and applicable case law, we find that the petitioner's claim does not merit relief.

State of Tennessee v. Derrick S. Chaney
M2002-00057-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Timothy L. Easter

The Defendant pleaded guilty to first offense DUI, for which he was sentenced to eleven months and twenty-nine days incarceration, suspended after service of forty-eight hours; and to driving with a suspended, cancelled, or revoked license, for which he was sentenced to six months incarceration, suspended after service of forty-eight hours. The trial court ordered that the two sentences be served concurrently. The Defendant was subsequently arrested for probation violation, and the trial court conducted a hearing to determine whether the Defendant's probation should be revoked. At the conclusion of the hearing, the trial court ordered that the Defendant serve the remainder of his sentences in custody. The Defendant appeals this decision, arguing that the State failed to prove by a preponderance of the evidence that he had violated his probation and that the trial court erred by ordering him to serve his full sentence in custody. We conclude that sufficient evidence was presented at the hearing to support revocation of the Defendant's probation and that the trial court did not err by ordering the Defendant to serve his sentence in custody. We thus affirm the judgment of the trial court.

Andre Mayfield v. Ricky Bell
M2001-00486-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Carol L. Mccoy
Appellant, a pro se inmate in the Department of Corrections, appeals the dismissal by the chancellor of his case pursuant to Tennessee Code Annotated section 41-21-812. We affirm the action of the chancellor.

Joanne Bishop v. Zurich-American Insurance Company,
E2001-00218-WC-R3-CV
Authoring Judge: Byers, Sr. J.
Trial Court Judge: Howell N. Peoples, Chancellor
The plaintiff appeals the trial judge's decision that she failed to carry her burden of proof with respect to causation regarding an alleged work-related case of pulmonary disease. We affirm the judgment of the trial court.

William M. Crisp v. Del-Air Service Company, Inc.
E2001-00378-WC-R3-CV
Authoring Judge: John K. Byers, Sr. J.
Trial Court Judge: Sharon Bell, Chancellor
The trial judge found the plaintiff had failed to show he suffered a compensable work injury. We reverse the judgment of the trial court.

America Online v. Commissioner of Revenue
M2001-00927-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Ellen Hobbs Lyle
The Chancery Court of Davidson County granted summary judgment to America Online, Inc. on the Commissioner of Revenue's claim that AOL's activities in this state gave it a sufficient nexus to subject it to state taxes. Because we find that this question is fact-specific and that the record does not show that AOL is entitled to a judgment as a matter of law, we reverse.

Rocky Hitson v. Dept. of Correction
M2001-02903-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Irvin H. Kilcrease, Jr.
This appeal involves a dispute between a prisoner and the Department of Correction regarding a disciplinary hearing held at the Northeast Correctional Complex in Mountain City. The prisoner filed a petition for writ of certiorari in the Chancery Court for Davidson County alleging that he had been substantially prejudiced by the Department's failure to follow its disciplinary rules. The trial court, relying on Sandin v. Conner, 515 U.S. 472, 115 S. Ct. 2293 (1995), granted the Department's Tenn. R. Civ. P. 12.02(6) motion and dismissed the petition. The petitioner has appealed. We have determined that the trial court's order should be vacated and remanded for further consideration in light of Willis v. Tennessee Dep't of Corr., ___ S.W.3d ___, 2003 WL 22019138 (Tenn. Aug. 27, 2003).

Randy Hensley v. Dept of Correction
M2001-02343-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Ellen Hobbs Lyle

Randy Hensley v. Dept of Correction
M2001-02343-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Ellen Hobbs Lyle

Jeffrey Simmons v. Gath Baptist Church
M2001-02511-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Charles D. Haston, Sr.
A man arrested for child sexual abuse brought an action against the church he once worked for, as well as against the Department of Children's Services and other governmental agencies, claiming that his arrest was procured by illegal or unconstitutional means. The trial court dismissed the action for failure to state a claim for which relief can be granted, and the passing of the Statute of Limitations. The court further held that the defendant governmental entities were immune from civil liability. We affirm.

Quentin Cavnar v. State
M2002-00609-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
This appeal involves the diagnosis and treatment of a person who was briefly hospitalized at Middle Tennessee Mental Health Institute. Following his release, the patient filed a claim with the Tennessee Claims Commission asserting that he had been misdiagnosed and that the staff had subjected him to mental abuse and torture. The Commission dismissed the patient's complaint after he failed to file a timely response to the State's Tenn. R. Civ. P. 12.02(6) motion to dismiss, and the patient has appealed. We have determined that the Commission properly dismissed the patient's claim, not only because of his tardy response but also because the response fails to state a claim upon which the Commission may grant relief.

State of Tennessee v. Arthur J. Holmes
E2001-01440-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge R. Jerry Beck

The Defendant, Arthur J. Holmes, pled guilty to three counts of theft under $500, class A misdemeanors; two counts of theft over $500, class E felonies; six counts of forgery, class D and E felonies; and four counts of identity theft, class D felonies. The Defendant's plea agreement provided for an effective ten year sentence as a Range II, multiple offender. After a hearing on the manner in which the Defendant would serve his sentence, the trial court denied an alternative sentence and ordered the Defendant to serve his sentence in the Department of Correction. The Defendant now appeals as of right. We affirm the trial court's judgment.

Liberty Insurance Company v. Richard W. Burgin,
E2001-01574-WC-R3-CV
Authoring Judge: Thayer, Sp. J.
Trial Court Judge: John F. Weaver, Chancellor
The trial court found the employee had only sustained an injury of a temporary nature and dismissed his claim for permanent disability. Judgment of the trial court is affirmed.

Dale Parish v. Massman Construction Co.,
W2001-01678-SC-WCM-CV
Authoring Judge: Joe C. Loser, Jr., Sp. J.
Trial Court Judge: Robert A. Lanier, Judge
In this appeal, the employee-appellant insists the trial court erred in finding (1) the employee's employment was not principally located in Tennessee, (2) the contract of hire was not made in Tennessee, and (3) the defendants waived their right to assert Tennessee does not have jurisdiction over the claim. As discussed below, the panel has concluded the judgment should be affirmed.

State of Tennessee v. Shawn M. Brooks
M2001-02358-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge J. O. Bond

The Appellant, Shawn M. Brooks, appeals from the judgment of the Wilson County Circuit Court revoking his probation. In May of 1996, Brooks pled guilty to sale of a Schedule I controlled substance, lysergic acid diethylamide (LSD), and received a split confinement sentence of eight years with one year to be served in confinement followed by seven years supervised probation. Again, in May of 1999, Brooks pled guilty to sale of a counterfeit controlled substance and received a two-year suspended sentence to be served consecutively to the 1996 sentence.

On April 10, 2001, a probation violation warrant was issued for only the1996 sentence based upon a new arrest in DeKalb County for numerous offenses. At the probation violation hearing, Brooks admitted guilt, which resulted in the revocation of his sentence and the reinstatement of his original eight-year sentence in the Department of Correction. Thirty days later, an amended order was entered by the trial court revoking Brooks' 1999 two-year suspended sentence on the same grounds. On appeal, he argues that the trial court erred by failing to consider alternatives to revocation. After review, we find that the trial court did not abuse its discretion by revoking Brooks' 1996 conviction. However, with regard to revocation of the 1999 sentence, we find that the proceedings failed to afford fundamental due process protections. Accordingly, we reverse and vacate the trial court's amended order revoking Brooks' two-year suspended sentence for sale of a counterfeit controlled substance.

State of Tennessee v. Bobby Gene Goodson
E2001-00925-CCA-R3-CD
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge Phyllis H. Miller

The defendant, Bobby Gene Goodson, appeals as of right his Sullivan County Criminal Court conviction in case number S42,000 for driving on a suspended license, a Class B misdemeanor, claiming that (1) the evidence is insufficient to support his conviction, (2) he has a constitutional right to travel, and (3) the trial court erred in denying his request to dismiss his trial attorney and reappoint counsel. The defendant also appeals his remaining two convictions in S42,000 for violation of the registration law and violation of the seat belt law, both Class C misdemeanors, and his conviction in case number S43,579 for driving on a suspended license. As to the defendant's appeal of his conviction for driving on a suspended license in case number S42,000, we affirm the judgment of the trial court. With regard to the remaining convictions, the defendant's appeal is dismissed because the judgments of conviction are not in the record on appeal.

State of Tennessee v. Barry F. Braden
M2001-00226-CCA-MR3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge J. Randall Wyatt, Jr.

Defendant, Barry F. Braden, was convicted by a Davidson County jury of six counts of aggravated robbery, a Class B felony. He was ordered to serve consecutive ten year sentences for counts one, two, four, five and six, to be served concurrently with a ten-year sentence in count three, for an effective sentence of fifty years. Defendant appeals his convictions and sentences, presenting the following issues for review: (1) whether the prosecutor’s inquiry on cross-examination and comments during closing argument on Defendant’s failure to submit fingerprints and his failure to take a polygraph examination constituted reversible error; (2) whether the evidence was sufficient to sustain his convictions; (3) whether the trial court erred by admitting a witness’s extraneous statement at trial; (4) whether the trial court erred by ordering consecutive sentences for five of Defendant’s six convictions; and (5) whether the trial court erred by failing to sever the offenses for
trial. After a thorough review of the record, we affirm the judgments of the trial court.

State of Tennessee v. Robert Gentry Galbreath
M2001-02495-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Lee Russell

A Bedford County jury convicted the defendant of twelve counts of obtaining a controlled substance, Hydrocodone, by fraud during the period from August 15, 2000 through September 8, 2000. The trial court sentenced the defendant to twelve years on each count and imposed a fine of $2,000 for each count. The trial court ordered that counts 1-4 run concurrently; that counts 5-8 run concurrently, but consecutive to counts 1-4; and that counts 9-12 run concurrently, but consecutive to all other counts, for an effective sentence of thirty-six years. On appeal, the defendant contends that the evidence is not sufficient to support eleven of his twelve convictions for fraud and that the trial court erred in sentencing him to thirty-six years in prison. Finding no error, we affirm the judgment of the trial court.

Charles Bryant v. State of Tennessee
M2001-02456-CCA-R3-PC
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge L. Craig Johnson

Petitioner/Appellant, Charles Bryant, filed a petition for post-conviction relief on August 3, 2001, attacking his conviction on July 18, 1997, for violation of the Motor Vehicle Habitual Offender Act. According to the allegations in the petition, there was no appeal from the conviction to which he pled guilty and received a sentence of four years as a multiple Range II offender. The trial court summarily dismissed the petition because it was filed outside of the applicable statute of limitations. We affirm.