State of Tennessee v. Gary W. Young
M2001-02492-CCA-R3-CD
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge Steve R. Dozier

On May 21, 2001, the appellant, Gary W. Young, pleaded guilty to sale of a controlled substance and possession of a controlled substance within a thousand feet of a school. He received concurrent twenty-one year sentences for each count. As part of the plea agreement the appellant attempted to reserve a certified question of law to be presented on appeal. See Tenn. R. App. P. 37(b)(2)(i). This question concerns the propriety of a search. On June 19, 2001, the appellant also attempted to withdraw his guilty plea pursuant to Tennessee Rule of Criminal Procedure 32(f). The trial court denied the motion to withdraw the guilty plea based on this Court's holding in State v. Hall, 983 S.W.2d 710 (Tenn. Crim. App. 1998 overruled by State v. Green, 106 S.W.3d 646 2003)). This appeal followed. After a review of the record and the applicable authorities we are of the opinion that the appellant has failed to properly certify an appeal to this Court pursuant to Tennessee Rule of Appellate Procedure 37(b)(2)(i), and this Court therefore lacks jurisdiction to consider the trial court's denial of the appellant's motion to suppress. However, the appeal of the denied motion to withdraw a guilty plea is properly before this court, and this case must be remanded for consideration of the motion in view of the Tennessee Supreme Court decision in State v. Greene, 106 S.W.3d 646 (Tenn. 2003), which overruled State v. Hall. Finally, the allegation concerning the legality of the appellant's sentences, which has been raised for the first time on appeal, may be presented to the trial court on remand for consideration as a ground to allow withdrawal of the plea

Carolyn Stovall v. Lois E. Clarke, M.D., et al.
M2001-00810-SC-R11-CV
Authoring Judge: Justice E. Riley Anderson
Trial Court Judge: Judge Russell Heldman

We granted review in this medical malpractice case to address whether the plaintiff, Carolyn Stovall, established a genuine issue of material fact as to the recognized standard of professional practice in the community in which the defendants, Dr. Lois E. Clarke and Dr. Robert McCain, practiced or in a similar community. The trial court granted summary judgment to the defendants and later denied the plaintiff's motion to alter or amend the summary judgments. On appeal, the Court of Appeals reversed the grant of summary judgment to Dr. Clarke but affirmed the grant of summary judgment to Dr. McCain. After reviewing the record and the applicable authority, we hold that the Court of Appeals correctly determined that the trial court erred in granting summary judgment to Dr. Clarke. We further conclude that the trial court erred in denying the plaintiff's motion to alter or amend the grant of summary judgment to Dr. McCain. Accordingly, the judgment of the Court of Appeals is affirmed in part and reversed in part, and the case is remanded to the trial court for further proceedings.

Steven Chance v. State of Tennessee
M2002-02991-CCA-R3-PC
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Robert E. Burch

The petitioner appeals the denial of his post-conviction relief petition following his nolo contendere pleas to aggravated burglary, aggravated assault, and evading arrest. He contends his trial counsel did not provide him with effective assistance when he entered into the plea agreement. We affirm the judgment of the post-conviction court.

State of Tennessee v. Tim Mattingly
M2002-02765-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge Robert E. Burch

The trial court found the defendant, Tim Mattingly, violated the terms of his ten-year community corrections sentence. It ordered him to serve three years "day for day" in the county jail before serving the remainder of his ten-year sentence on community corrections. In this appeal, the defendant argues the trial court acted without authority in imposing this sentence. We conclude the trial court imposed an illegal sentence and remand for further proceedings.

State of Tennessee v. Dewayne Chambers
M2002-01858-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge John H. Gasaway, III

A Robertson County jury convicted the defendant, Dewayne Chambers, of kidnapping and rape. The trial court imposed concurrent sentences of three years for the kidnapping conviction and eight years for the rape conviction to be served in the Department of Correction. On appeal, the defendant contends the trial court erred in denying alternative sentencing. We affirm the judgments of the trial court.

David Forrester v. State of Tennessee
M2002-01942-CCA-R3-PC
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: judge Robert E. Burch

The petitioner appeals the denial of his petition for post-conviction relief from his conviction for aggravated sexual battery. He argues that he was denied the effective assistance of counsel because his divorce attorney, who thereafter became his initial trial attorney, failed to attend a polygraph examination and advise petitioner of the protocol, limitations, and requirements necessary to complete the examination. The petitioner further asserts that he was denied effective assistance of counsel by his second trial attorney because this attorney was unprepared to argue a motion to suppress and failed to adequately investigate factual allegations, review juvenile court records, call critical witnesses, pursue leads that would have established a conspiracy by the petitioner's wife to wrongfully prosecute him, and let the petitioner review the brief filed on direct appeal. Based upon our review, we affirm the post-conviction court's denial of the petition.

Steve Mason v. State of Tennessee
M2002-00414-CCA-R3-PC
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge Jim T. Hamilton

The petitioner, Steve Mason, brings the instant appeal of the post-conviction court's denial of his petition for relief. The petitioner stands convicted of first degree murder and attempted first degree murder. In this appeal, he alleges that he is entitled to post-conviction relief on the basis that the facts introduced at trial are insufficient to support his convictions and because he received ineffective assistance of trial counsel.

Rodrick Johnson v. State of Tennessee
M2002-01212-CCA-R3-PC
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge J. Randall Wyatt, Jr.

The petitioner, Rodrick Johnson, appeals the denial of his petition for post-conviction relief, asserting that: (1) the post-conviction court erred by failing to make findings and conclusions as to each issue; (2) the jury instructions provided by the trial court lowered the State's burden of proof; (3) the trial court erred in not instructing as to the lesser-included offense of facilitation; and (4) he was denied the effective assistance of counsel on appeal. We affirm the order of the post-conviction court dismissing the petition.

State of Tennessee v. Sammy Claude Wilson
W2002-02832-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge C. Creed McGinley

A Carroll County jury convicted the Defendant of manufacturing the controlled substance methamphetamine. The trial court sentenced the Defendant as a standard offender to four years and six months of incarceration. The Defendant now appeals, contending the following: (1) that insufficient evidence was presented at trial to support the conviction; and (2) that the jury’s indication on the special verdict form showed its confusion with regard to the trial court’s instructions rendering the  verdict unsustainable or, in the alternative, constituting “plain error.”  Finding no error, we affirm the judgment of the trial court.

State of Tennessee v. Edward D. Haney
E2002-02189-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Ben W. Hooper, II

The State appeals the trial court's suppression of twenty-five rocks of cocaine seized from the defendant. Because the trial court "did not feel comfortable" in elaborating the reason why the evidence should be suppressed, we remand for the trial court to make findings of fact and conclusions of law.

Department of Children's Services v. C.L. & M.T.
M2001-02729-COA-R3-JV
Trial Court Judge: Andrei E. Lee
At issue in this appeal is the petition filed by the Department of Children's Services to terminate the parental rights of Mother and Father to nine of their children. After a trial, the trial court granted the petition to terminate the parental rights of Mother and Father based on abandonment, failure to comply with the Permanency Plans, and persistence of the conditions which led to the removal. Each parent independently appeals the decision of the trial court, arguing that there was not clear and convincing evidence to support the trial court's ruling. Because we find that grounds for termination were not proved as to either parent, we reverse the judgment terminating Father's and Mother's parental rights.

M2002-02661-COA-R3-CV
M2002-02661-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Irvin H. Kilcrease, Jr.

In Re: The Estate of Merle Halliburton Neal Myers v. Farmers & Merchants Bank Corp., Inc. Brooksie Byers, Douglas Myers, James Myers
M2002-00888-COA-R3-CV
Authoring Judge: Judge Patricia J. Cottrell
Trial Court Judge: Judge Robert E. Burch

After the death of their elderly mother, her sons discovered that the decedent's stepson and his wife had used a power of attorney to transfer the funds from the decedent's $20,000 CD to themselves. The decedent's son filed a petition to have the money restored to her estate. The trial court held that the CD was a valid inter vivos gift from the decedent. We reverse, because there is no evidence in the record that such a gift was ever made.

Barbara Lee Bunce Kerce v. Stephen Paul Kerce
M2002-01744-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Lee Russell
The appellant Stephen Paul Kerce challenges the divorce decree entered in Moore County Circuit Court, alleging that the court erred in its valuation and distribution of the marital estate. We affirm.

In Re: Lillie Odessie Green, Decedent
M2002-01672-COA-R3-CV
Authoring Judge: Judge Royce Taylor
Trial Court Judge: Frank G. Clement, Jr.
The court is asked to construe the following language contained in a form will: "I give all my estate to my children, if any, who survive me in equal shares, per stirpes." The testatrix was survived by four of her five children. The trial court held that the two children of the testatrix's child who predeceased her did not take any of her estate. We hold likewise.

Jasmine A. Ali v. Eric N. Fisher, et al.
E2003-00255-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: John S. Mclellan, III
After an automobile accident in which she suffered serious injuries, Jasmine A. Ali ("Plaintiff") sued both the driver of the automobile, Eric N. Fisher ("Fisher"), and the owner of the automobile, Thomas Scheve ("Scheve"). The claim against Scheve was based on negligent entrustment. Prior to trial, Plaintiff and Scheve were in sharp disagreement as to whether Scheve's alleged negligent entrustment resulted in Scheve's being vicariously liable for Fisher's conduct, or whether Scheve's negligence should be apportioned by the jury pursuant to comparative fault principles. The trial court concluded Scheve's alleged negligent entrustment should be apportioned by the jury pursuant to comparative fault principles. After a trial, the jury returned a verdict for plaintiff and apportioned fault, 80% to Fisher and 20% to Scheve based on his negligent entrustment of the vehicle to Fisher. The trial court entered a judgment in accordance with the jury's verdict. Plaintiff filed a Motion to Alter or Amend Judgment asking the trial court to reverse its earlier pre-trial ruling and hold Scheve vicariously liable for Fisher's negligence because Scheve negligently entrusted the vehicle to Fisher. The trial court granted the motion and amended the judgment which, in effect, held Scheve and Fisher jointly and severally liable for the entire amount of the jury's award. Scheve appeals. We hold the trial court erred when it amended the original judgment after concluding, post- trial, that Scheve was vicariously liable for Fisher's conduct. We vacate the amended judgment and reinstate the original judgment of the trial court entered in accordance with the jury's verdict apportioning fault.

State of Tennessee v. Charles Rufus Foster Sr.
W2002-00350-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge C. Creed Mcginley

The defendant appeals his conviction of rape and his ten-year sentence. The defendant contends that the evidence is insufficient to support the conviction, that the trial court erroneously allowed the victim to testify, and that expert testimony should not have been admitted into evidence. The defendant also contends that the trial court erred in sentencing. After careful review, we conclude the evidence is sufficient to support the conviction and the trial court did not err. We affirm the conviction and the judgment of the trial court.

Andrew Cole v. State of Tennessee
W2002-01432-CCA-R3-PC
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge L. Terry Lafferty

The Appellant, Andrew Cole, appeals the dismissal of his petition for post-conviction relief by the Gibson County Circuit Court. Cole is currently incarcerated as a result of his jury convictions for attempted first degree murder, attempted second degree murder, aggravated assault, and felon in possession of a firearm. On appeal, Cole raises the issues of: (1) whether he received ineffective assistance of counsel; (2) whether the trial court erred in refusing to appoint “new counsel” for him at trial; and (3) whether he was improperly sentenced as a multiple offender. After review of the issues, we affirm the dismissal of the petition.

State of Tennessee v. Rhonda Rock
E2002-01580-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge R. Jerry Beck

The defendant appeals her sentence of four years for voluntary manslaughter. The defendant contends that the trial court erred in denying her any form of alternative sentencing. We conclude that the trial court did not err in sentencing and affirm the judgment of the trial court.

Charles W. Cole v. State of Tennessee
E2002-02535-CCA-R3-PC
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Lynn W. Brown

The petitioner, Charles W. Cole, pled guilty on February 4, 2000, to five sexual offenses and, in January 2001, filed a petition for post-conviction relief, asserting that his trial counsel was ineffective. Following a hearing, the post-conviction court dismissed the petition, and the petitioner timely appealed. We affirm the dismissal of the petition

Shawn E. McWhorter v. Randall Bare
E2002-02896-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: W. Neil Thomas, III
Professional pilot Shawn E. McWhorter ("Plaintiff") sued Randall Barre ("Defendant") for defamation based upon a letter Defendant wrote to the Federal Aviation Administration ("FAA") containing allegations that plaintiff was medically unfit to be a pilot. The jury returned a verdict for plaintiff and awarded $25,000 in compensatory damages and $42,500 in punitive damages. The trial court entered its judgment, as later amended, in favor of plaintiff against defendant for $105,820.01, consisting of compensatory damages of $25,000, punitive damages of $42,500, and attorney fees and expenses in the amount of $38,320.01. The trial court's award of attorney fees and expenses was based upon defendant's refusal to admit liability in response to requests for admission. Defendant appeals. We affirm, in part, and reverse, in part.

TGJ & Co. vs. Michael E. MaGill
E2003-00298-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: John F. Weaver
Margaret E. Bowers ("the Claimant") appeals the judgment of the trial court, which reversed an administrative determination of the Commissioner of the Department of Labor and Workforce Development ("the Commissioner"). The Commissioner had held that the Claimant is eligible for unemployment compensation as a result of the termination of her employment with TGJ & Co., Inc. ("the Employer"). Because we hold that the Claimant voluntarily quit her employment without good cause, we affirm the trial court.

Lindsay Alford vs. Oak Ridge City Schools
E2002-03133-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: James B. Scott, Jr.
Lindsay E. Alford ("the plaintiff") and her father, David R. Alford, IV, sued The Oak Ridge City Schools ("the high school") under the Governmental Tort Liability Act ("GTLA") for injuries sustained by the plaintiff when she slipped on a hallway floor at Oak Ridge High School, where she was a student. At the conclusion of the plaintiff's proof, the trial court granted the high school's motion for an involuntary dismissal, finding that, while the plaintiff had proven the existence of water on the floor, she had failed to prove that the high school knew or should have known about the water. From this ruling, the plaintiff appeals. We affirm.

Adana Carter v. Utica Mutual Insurance Company
E2002-01779-WC-R3-CV
Authoring Judge: Thayer, Sp. J.
Trial Court Judge: W. Frank Brown III, Chancellor
The trial court sustained a motion for summary judgment in favor of the employer and held that the injury did not occur within the course of employment. The employee contends she was required to make the trip in question and was on a special mission and that the usual rule of noncompensability in going to or coming from work did not apply. The judgment is reversed as the injury occurred on the return trip which was a special errand or mission for the benefit of the employer.

State of Tennessee v. Valerie Arlene Bullion
M2002-02370-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge W. Charles Lee

The appellant, Valerie Arlene Bullion, pled guilty in the Marshall County Circuit Court to operating a motor vehicle in violation of the Motor Vehicle Habitual Offenders Act, a Class E felony; driving under the influence, tenth offense, a Class E felony; driving on a revoked license, fourth offense, a Class A misdemeanor; and violation of the implied consent law. The trial court sentenced the appellant to an effective sentence of eight years incarceration in the Tennessee Department of Correction, suspended the appellant's driver's license for ten years, and imposed a three thousand dollar ($3000) fine. On appeal, the appellant complains that the sentences imposed by the trial court are excessive. Upon review of the record and the parties' briefs, we affirm the judgments of the trial court.