State of Tennessee v. Nelson Troglin
E2001-00251-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge Thomas W. Graham

The defendant, Nelson Troglin, was convicted of second degree murder following a jury trial in the Bledsoe County Circuit Court. The trial court subsequently imposed a sentence of twenty-three years. In this appeal, Defendant raises the following issues: (1) whether the evidence was sufficient to support his conviction; (2) whether the trial court erred by ruling that Defendant's statement to the police was admissible as evidence during his trial; (3) whether comments made by the trial court during curative instructions to the jury constituted impermissible expressions of bias toward Defendant, effectively depriving him of his right to a fair trial; (4) whether the trial court erred when it excluded evidence that a person, not Defendant, had assaulted the victim on the day of his death, and when it allowed an expert to testify concerning evidence which was not revealed to Defendant during regular discovery; (5) whether the trial court erred by failing to instruct the jury on the lesser-included offenses of reckless homicide and criminally negligent homicide; and (6) whether the sentence imposed by the trial court was excessive. After a thorough review of the record, we affirm the judgment of the trial court.

State of Tennessee v. John David White
M2001-00336-CCA-R3-CD
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge L. Terry Lafferty

The defendant, John David White, was convicted by a jury in the Rutherford County Circuit Court for aggravated burglary, theft of property valued over $1,000, felony evading arrest, vandalism, and driving while his license was suspended. He was sentenced to a total of twenty-one years in the Department of Correction as a career offender. In this appeal, the defendant contends (1) that the trial court should have suppressed evidence obtained from the stop of his truck and (2) that the trial court erred in instructing the jury relative to flight from crime. We affirm the trial court.

William Allen v. Donal Campbell, et al
M2001-00277-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: Carol L. Mccoy
Petitioner, a state inmate, filed the underlying pro se declaratory judgment action pursuant to the Uniform Administrative Procedures Act to seek review of the Tennessee Department of Correction's refusal to answer a petition for a declaratory order. Petitioner requested a declaratory order to determine his entitlement to both good conduct sentence credits and good and honor time credits. The trial court granted the Department's motion to dismiss for failure to state a claim holding that petitioner was not entitled to duplicate sentence credits. For the following reasons, we affirm the decision of the trial court.

Susan J. Hicks v. Crescent Resources, Inc.
M2001-00079-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: J. Russ Heldman
Plaintiff was granted summary judgment for commissions due and owing from defendant. On appeal, we vacate and remand.

Charles E. Robinson v. State of Tennessee
M2000-02250-CCA-R3-PC
Authoring Judge: Presiding Judge Gary R Wade
Trial Court Judge: Judge Donald P. Harris

The petitioner, Charles E. Robinson, appeals the trial court's dismissal of his petition for post- conviction relief as time-barred. The petitioner asserts that, because he was unilaterally denied the opportunity for second-tier review of his conviction, due process requires tolling of the statute of limitations. The judgment of the trial court is reversed and remanded.

Theodore R. Pointer, III v. James Dukes, Warden
M2000-02580-CCA-R10-CO
Authoring Judge: Presiding Judge Gary R Wade
Trial Court Judge: Judge Carol L. Soloman

The petitioner filed a petition for writ of habeas corpus, alleging that the Department of Correction had wrongfully altered two judgment forms so as to require service of his sentences in prison rather than in the county workhouse. The trial court summarily denied the petition. Because the petitioner has failed to allege grounds that would warrant habeas corpus relief, the judgment of the trial court is affirmed.

State of Tennessee v. Kimberly Dawn French
W2001-01502-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Julian P. Guinn

A Henry County jury convicted the Defendant of one count of introducing drugs into a penal institution. The Defendant now appeals, challenging the sufficiency of the convicting evidence. After reviewing the record, we conclude that the evidence is sufficient to support the conviction and therefore affirm the judgment of the trial court.

Jesse Jameel Dawan, aka Jesse Jones, Jr. v. State of Tennessee
W2001-00792-CCA-R3-CD
Authoring Judge: Presiding Judge Gary R. Wade
Trial Court Judge: Judge L. Terry Lafferty
The petitioner, Jesse Jameel Dawan, appeals the denial of his petition for post-conviction relief. In this appeal, he claims that he was denied the effective assistance of counsel. The judgment of the trial court is affirmed.

Ernest Frye v. Blue Ridge Neuroscience Center
E2000-02155-SC-R11-CV
Trial Court Judge: John S. Mclellan, III
We granted this appeal to determine whether process issued upon a second complaint satisfies Rule 3 of the Tennessee Rules of Civil Procedure when the plaintiff failed to serve process on the original complaint. After careful consideration of the Tennessee Rules of Civil Procedure and applicable case law, we hold that a plaintiff may rely upon the initial filing date to satisfy a statute of limitations if that plaintiff, having failed to issue or serve process within thirty days of filing the complaint, continues the action by issuing new process on the original complaint as required by Rule 3. In addition, a plaintiff may request a voluntary dismissal within the one-year time period under Rule 3, without having served process, and still rely on the original date of commencement to satisfy a statute of limitations if the plaintiff serves a copy of the Notice of Voluntary Dismissal and the complaint on the defendant as required by Rule 41.01. Because the plaintiff in this case failed to comply with either Rule 3 or Rule 41.01, the plaintiff may not rely on the filing date of the original complaint for purposes of satisfying the applicable one-year statute of limitations. Accordingly, the judgment of the Court of Appeals granting the defendants summary judgment is affirmed.

State of Tennessee v. David K. Browne
E2000-01933-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Phyllis H. Miller & Judge R. Jerry Beck

The Defendant, David Kirk Browne, was indicted on one count of public indecency. The Defendant sought pretrial diversion, which was denied by the State. Following several continuances, the trial court conducted a hearing on the Defendant's petition for writ of certiorari. At the Defendant's request, the trial judge recused herself from the case. The case was transferred to Judge Jerry Beck. Judge Beck found that the Assistant District Attorney did not abuse his discretion in denying pretrial diversion. The Defendant now appeals, alleging numerous defects in the proceedings which culminated in his conviction. After a review of the evidence, we affirm the judgment of the trial court.

State of Tennessee v. Evelyn C. Bostic
M2000-03011-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge James K. Clayton, Jr.

The appellant, Evelyn C. Bostic, pled guilty in the Rutherford County Circuit Court to one count of facilitation of possession of more than .5 gram of cocaine with intent to sell. The trial court sentenced the appellant to six years incarceration in the Tennessee Department of Correction. As part of the plea agreement, the appellant specifically reserved a certified question of law regarding the sufficiency of the affidavit underlying the search warrant issued in this case. Upon review of the record and the parties' briefs, we reverse the judgment of the trial court and vacate the appellant's conviction.

Michael D. Wells v. State of Tennessee
M2000-02987-CCA-R3-PC
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge Seth W. Norman

The petitioner pled guilty in the Davidson County Criminal Court to aggravated robbery and received a ten year sentence of incarceration in the Tennessee Department of Correction. Subsequently, the petitioner filed for post-conviction relief alleging that he received ineffective assistance of counsel and that his guilty plea was neither knowing nor voluntary. The post-conviction court dismissed the petition, and the petitioner now appeals. Upon a review of the record and the parties' briefs, we affirm the judgment of the post-conviction court.

Michael Stanley Dotson v. State of Tennessee
M2001-00045-CCA-R3-PC
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge J. O. Bond

The petitioner, Michael Stanley Dotson, appeals the Wilson County Criminal Court's denial of his petition for post-conviction relief from his guilty plea to first degree felony murder and resulting sentence of life imprisonment. He contends that his guilty plea resulted from the ineffective assistance of counsel in that his trial attorneys (1) failed to challenge statements that the petitioner gave to the police incident to his illegal arrest; (2) failed to challenge statements that the petitioner gave to the police while he was being illegally detained; (3) failed to challenge statements that the petitioner gave to the police involuntarily; and (4) failed to investigate and develop an alibi defense. We affirm the trial court's denial of post-conviction relief.

State of Tennessee v. Randall P. Baker
M2001-01603-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge Timothy L. Easter

Pursuant to a bench trial, the appellant, Randall P. Baker, was convicted of one count of failure to appear, a class E felony. The trial court sentenced the appellant as a career offender to six years incarceration. On appeal, the appellant contests the trial court's order mandating that his sentence be served consecutively to another sentence not yet served. Upon review of the record and the parties' briefs, we affirm the judgment of the trial court.

State of Tennessee v. Terrance Deshone Kinnie
W2001-00483-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge Roger A. Page

The Defendant, Terrance Deshone Kinnie, was convicted of second degree murder. After a sentencing hearing the Defendant was sentenced to twenty-three years in the Department of Correction. On appeal, the Defendant contends that the evidence is insufficient to support a verdict of guilty beyond a reasonable doubt. We affirm the judgment of the trial court.

State of Tennessee v. Barry Davis
W2001-01395-CCA-R3-PC
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge Joseph H. Walker, III

The Defendant, Barry Davis, was convicted by a jury of first degree premeditated murder and aggravated assault. His convictions were affirmed on direct appeal. See State v. Barry Davis, No. 02C01-9902-CC-00063, 1999 Tenn. Crim. App. LEXIS 845 (Jackson, Aug. 19, 1999). The Defendant subsequently filed a petition for post-conviction relief, alleging that he received ineffective assistance of counsel at trial. The trial court denied the Defendant's petition and this appeal followed. Finding no merit in the Defendant's allegations, we affirm the judgment of the trial court.

State of Tennessee v. Chester Lee Jenkins
E2001-01173-CCA-R9-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge D. Kelly Thomas, Jr.

This is a Rule 9, Tennessee Rules of Appellate Procedure, interlocutory appeal of the trial court's order sustaining in part and denying in part the defendant's motion to suppress his statement to police. The defendant, who is totally deaf, is charged with first degree murder and aggravated arson. On the morning after the residential fire that claimed the victim's life, a deputy sheriff entered the defendant's home, tapped him on the shoulder to awaken him, and asked, via gestures and a written note, that the defendant accompany him to the sheriff's department for questioning. Investigators at the department interviewed the defendant and took his statement through an interpreter of American Sign Language. The defendant argued that the statement should be suppressed on two grounds: (1) that it was the fruit of an unlawful seizure, in violation of his Fourth Amendment right to be free from unreasonable search and seizure; and (2) that it was taken without adequate Miranda warnings, in violation of his Fifth Amendment right to counsel. Finding that the defendant voluntarily accompanied the deputy to the sheriff's department, but that he was in custody at the department and that the State failed to prove that he had been given an adequate Miranda warning, the trial court denied the motion to suppress on Fourth Amendment grounds, but granted it on Fifth Amendment grounds. The State appeals that portion of the trial court's order sustaining the motion on Fifth Amendment grounds, and the defendant appeals that portion of the order denying the motion on Fourth Amendment grounds. After a thorough review of the record and applicable law, we affirm the judgment of the trial court.

Ronnie M. Malone v. State of Tennessee
M2001-01344-CCA-R3-PC
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge J. S. Daniel

The Petitioner pleaded guilty to felony possession of less than .5 grams of cocaine for the purpose of sale and delivery, a Class C felony, and to violating the Motor Vehicle Habitual Offender's Act, a Class E felony. For the felony possession conviction, the trial court sentenced the Petitioner as a Range III, persistent offender to ten years incarceration to be served at forty-five percent. For the motor vehicle habitual offender conviction, the trial court sentenced the Petitioner as a Range II, multiple offender to three years incarceration to be served at thirty-five percent. The trial court ordered that the two sentences be served concurrently, but consecutive to sentences for four prior convictions. The Petitioner filed a petition for post-conviction relief, claiming that his plea was constitutionally defective because he was inadequately represented and that his plea was not voluntarily, knowingly and intelligently entered. The trial court denied relief. After review, we affirm the judgment of the trial court.

State of Tennessee v. John George
M2001-00978-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge Allen W. Wallace

This case arises out of a series of armed robberies of gas stations in several counties along Interstate 40. The Defendant, John George, and two codefendants were arrested in Humphreys County, Tennessee. The Defendant gave a statement to police after his arrest confessing his role in robberies in both Humphreys and Dickson counties. Subsequently, the Defendant pled guilty to a charge of aggravated robbery in Humphreys County and was sentenced to nine years in the Department of Correction. In the case before us, the Defendant also entered a guilty plea to aggravated robbery and felony theft arising out of a robbery in Dickson County. After a sentencing hearing, the Defendant was sentenced to nine years for the aggravated robbery and four years for the felony theft to be served concurrently. However, the trial court ordered the sentence to be served consecutively to the Defendant's sentence for aggravated robbery in Humphreys County. The Defendant now appeals the sentence imposed by the trial court. The Defendant contends that the trial court (1) improperly imposed a sentence above the minimum and (2) improperly ordered that the sentence for aggravated robbery to be served consecutively to the Humphreys County sentence. We affirm the judgment of the trial court setting the length of the sentences for aggravated robbery and theft. We remand for further proceedings on the consecutive sentence issue.

State of Tennessee v. Drini D. Xhaferi
M2000-01758-CCA-R3-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Judge Robert W. Wedemeyer

Convicted in the Montgomery County Circuit Court of the second-degree murder of his wife, Imja Xhaferi, the defendant, Drini D. Xhaferi, appeals and claims the trial court erred in not instructing the jury as to voluntary manslaughter, in not suppressing evidence seized by military authorities, and in admitting evidence of the defendant's prior assaults of the victim. Finding no reversible error, we affirm.

State of Tennessee v. Michael W. Cooper
M2001-00440-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge Cheryl A. Blackburn

The Defendant, Michael W. Cooper, pled guilty to one count of aggravated burglary and one count of aggravated assault. His plea agreement provided that he would be sentenced as a Range II offender; however, the length and manner of service of his sentences were left for the trial court's determination. After a hearing, the trial court sentenced the Defendant to nine years incarceration for each offense, to be served consecutively. The Defendant now appeals, contending that the trial court misapplied an enhancement factor; that the trial court erred in sentencing him to equivalent terms for each offense in spite of finding fewer enhancement factors applicable to the aggravated assault; and that the trial court erred in ordering his sentences to run consecutively. We affirm the judgment of the trial court.

State of Tennessee v. Alfio Orlando Lewis
M2000-03160-CCA-MR3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge Cheryl A. Blackburn

The Defendant, Alfio Orlando Lewis, was convicted by a Davidson County jury of two counts of attempted second degree murder and two counts of aggravated assault. After a sentencing hearing, the trial court merged the two aggravated assault convictions into the two attempted second degree murder convictions. The Defendant was sentenced to 12 years to be served consecutively in the Department of Correction on each of the attempted second degree murder convictions for an effective sentence of 24 years. On appeal, the Defendant contends that (1) the evidence is insufficient to support the convictions, (2) the trial court erroneously prevented him from testifying that a fellow inmate confessed to the crime, and (3) the trial court improperly sentenced the Defendant. We affirm the judgment of the trial court.

Tamatha Marie Howe v. Jones Plastic and Engineering
W2001-00555-WC-R3-CV
Authoring Judge: L. Terry Lafferty, Senior Judge
Trial Court Judge: Julian P. Guinn, Judge
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel in accordance with Tennessee Code Annotated _ 5-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. In this appeal, Defendant asserts: (1) the trial court erred in not limiting Plaintiff's permanent partial disability award to two and one-half (2-1/2) times her medical impairment rating of ten percent (1%) as provided by Tenn. Code Ann. _ 5-6-241(a)(1); (2) the trial court's award of seventy-five percent (75%) disability, a multiple of seven and one half (7-1/2) times her impairment rating, should be reduced when there are no specific findings supported by clear and convincing evidence of at least three of four factors contained in Tenn. Code Ann. _ 5-6-242; and (3) the trial court erred in granting Plaintiff temporary total disability benefits from May 2, 1999 until November 3, 1999. After a review of the entire record, applicable law and as discussed below, the Panel affirms in part, reverses in part, and remands to the trial court for specific findings with respect to permanent partial disability benefits. Tenn. Code Ann. _ 5-6-225(e) (1999) Appeal as of Right; Judgment of the Circuit Court is Affirmed in Part, Reversed in Part and Remanded. L. TERRY LAFFERTY, SR. J., in which JOE C. LOSER, SP. J., and JANICE M. HOLDER, J., joined. John D. Burleson and V. Latosha Mason, Jackson, Tennessee, for the appellant, Jones Plastic and Engineering Company. Charles L. Hicks, Camden, Tennessee, for the appellee, Tamatha Marie Howe. MEMORANDUM OPINION Plaintiff, Tamatha Marie Howe, was thirty-one years old at the time of her injury and had worked for the employer, Camden Plastics, for three months. Plaintiff completed the 1th grade and has been attempting to obtain her GED. Her prior work history consisted of dishwashing, cooking and building furniture. Plaintiff worked for Defendant as a machine operator. On April 19, 1999, Plaintiff slipped on some grease at work and injured her back when it struck a metal bar. On April 2, 1999, x-rays at the Camden General Hospital emergency room reflected no fracture, subluxation or bony destruction. No significant degenerative changes were noted. Plaintiff was given pain medication and referred to her primary doctor. On April 21, 1999, Plaintiff was seen by Dr. Jesse Sewell with complaints of pain in her lower back radiating down her right thigh and leg. Plaintiff was seen by Dr. Sewell several times between April 21, 1999 and May 17, 1999. Dr. Sewell performed an MRI and treated Plaintiff conservatively. Plaintiff was treated by Dr. Sewell until June 2, when she was seen by other doctors. According to company policy, Plaintiff provided Defendant with Dr. Sewell's certificates for return to work/appointments. Plaintiff acknowledged that she did not return to work after receiving a letter from Defendant one day stating, "no show, no call, she was fired." At time of trial, Plaintiff stated that she has not worked since her accident, her back hurts, she cannot lift, bend or hardly walk and is currently on pain medication prescribed by her doctor. Plaintiff's husband corroborated his wife's testimony concerning her difficulties in performing her housework and physical complaints. Plaintiff has attended a school offering vocational assistance, but she complained that the jobs all required lifting. Plaintiff acknowledged that she did not see a doctor after May 2, 1999, because she had been fired and assumed her medical treatment would not be covered. Stacy King, a receiving clerk and Plaintiff's supervisor, testified on behalf of Defendant. She recalled Plaintiff's injury in April 1999, as Plaintiff reported the injury to her. Ms. King was also aware that Plaintiff was terminated. Ms. King testified that she saw Plaintiff one time between April 19, 1999, and her termination date. She stated she was driving along a highway in Bruceton, Tennessee, passing a factory outlet store, when she observed Plaintiff either climbing in or out of a car door window. Plaintiff denied that she could climb in and out of a car window. Sylvia Page, Human Resource Manager, testified that she handles workers' compensation claims for Defendant. Ms. Page identified off-work slips from a doctor's office indicating appointments, return to work, or if the employee is on restricted duty. After Plaintiff's first visit, she was to return to work on April 27. Ms. Page stated that she advised Plaintiff, "When you go for your doctor's appointment, whatever paper work is given to you at the doctor's office, please come back by our office and leave it with us so that we know whether you're on restricted duty or off work." Ms. Page testified that she made the decision to terminate Plaintiff. On the last page of Exhibit 1, Ms. Page identified a doctor's slip which indicated that Plaintiff could return to work on May 2, 1999. Also, above these words were the words "next appointment." To Ms. Page, this indicated that Plaintiff had both an appointment and a return to work on the same day. Plaintiff was scheduled to -2-

Jimmy Wagner v. Tower Automotive
001-00728-WC-R3-CV
Authoring Judge: W. Michael William Michael Maloan, Special Judge
Trial Court Judge: George R. Ellis, Chancellor
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. _5-6-285 (e)(3) for hearing and reporting to the Supreme Court of findings and fact and conclusions of law. The defendant, Tower Automotive appeals the judgment of the trial court which awarded fifteen percent (15%) permanent partial disability to each arm as being excessive. For the reasons stated in this opinion, We affirm the judgment of the trial court. Tenn. Code Ann. _ 5-6-225(e) (2) Appeal as of Right; Judgment of the Chancery Court Affirmed W. MICHAEL MALOAN, SP. J., in which JANICE M. HOLDER, J. and JOE C. LOSER, JR., SP. J., joined. Deana C. Seymour, Jackson, Tennessee, for appellant, Tower Automotive Products Company, Inc. Gayden Drew IV, Jackson, Tennessee, for appellee, Jimmy Wagner MEMORANDUM OPINION The plaintiff, Jimmy Wagner, was forty-one (41) years old at the time of trial. He has a high school education. Prior to working for the defendant, Tower Automotive Products (Tower), in 1992 or 1993, he worked restoring furniture, drove a truck, worked construction, and obtained a welding certificate. He testified he had no prior problems with his arms, elbows, or shoulders before working for Tower. While at Tower, he developed bilateral carpal tunnel syndrome in 1994 and had surgery on both wrists. He did not file a workers' compensation claim. As a result of the surgery, he doesn't have the grip he used to have. At Tower, plaintiff placed twenty (2) to twenty-five (25) pound parts into a press at a rate of two hundred (2) per hour. Plaintiff reported right shoulder and arm pain to his employer on June 9, 1999. Tower referred him to Dr. Claiborne Christian, an orthopedic surgeon, who diagnosed tendinitis of the shoulder. On June 21, 1999, plaintiff complained to Dr. Christian of pain in both elbows which he diagnosed as lateral epicondlylitis. Dr. Christian continued conservative treatment until October 12, 1999, when he performed surgery on the right elbow and on January 19, 2, for the left elbow. Dr. Christian assigned a three percent (3%) permanent partial disability to each upper extremity based on the AMA Guidelines and no impairment for his shoulders. He did not assign any permanent restrictions. Dr. Larry Johnson, an orthopedic surgeon, saw plaintiff on June 3, 2, for shoulder problems. Dr. Johnson was of the opinion plaintiff's work aggravated a congenital defect known as os acromiale, where the end of the acromion is not completely fused. On the last visit of November 6, 2, Dr. Johnson felt his shoulder problems had resolved and did not assign any impairment or work restrictions. Dr. Joseph Boals examined plaintiff on April 12, 2, with a history of injuries to both shoulders and elbows. On examination, Dr. Boals found a full range of motion with impingement syndrome in both shoulders and a full range of motion in both elbows. His grip strengths were average. Dr. Boals assigned a fifteen percent (15%) permanent impairment to each arm for the residual weakness from the elbow surgeries and five percent (5%) permanent impairment to each shoulder for tendinitis for a combined value of nineteen percent (19%) to each upper extremity. Dr. Boals did not rely on the AMA Guidelines. Dr. Boals stated plaintiff should not engage in his present work as a press operator and should not work overhead or away from his body and to avoid repetitive work and gripping. After being released by Dr. Christian, plaintiff returned to Tower as a press operator on a different machine which is easier on his arms because he does not have to bend or straighten them as much as before. Plaintiff testified his elbows bother him every time he has to grip or twist and pain in his shoulders keep him up at night. The trial court awarded fifteen percent (15%) permanent partial disability to each arm. The scope of review of issues of fact is de novo upon the record of the trial court, accompanied by a presumption of correctness of the findings, unless the preponderance of evidence is otherwise. Tenn. Code Ann. _ 5-6-225(e)(2). Lollar v Wal-Mart Stores, Inc., 767 S.W.2d 143 (Tenn. 1989). When a trial court has seen and heard witnesses, especially where issues of credibility and weight of oral testimony are involved, considerable deference must be accorded the trial court's factual findings. Humphrey v David Witherspoon, Inc., 734 S.W.2d 315 (Tenn. 1987). However, where the issues involve expert medical testimony which is contained in the record by deposition, -2-

State of Tennessee v. Frederick G. Anderson
M2001-00708-CCA-R3-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Judge J. Randall Wyatt, Jr.

Frederick G. Anderson appeals his convictions of two counts of attempted aggravated rape, aggravated kidnapping and aggravated burglary. He received his convictions at the conclusion of a jury trial in the Davidson County Criminal Court. Presently serving an effective nine-year sentence as a violent offender, he challenges the sufficiency of the convicting evidence in this appeal. Because we are unpersuaded by the defendant's claims, we affirm.