Donna Taylor v. Doris Holt
E2003-00901-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: Telford E. Forgerty, Jr.
Steve Godfrey prepared his last will and testament on his computer and affixed his computer generated signature at the end. He had two neighbors witness the will. Mr. Godfrey died approximately one week later. Doris Holt ("Defendant"), Mr. Godfrey's girlfriend, submitted the will for probate. Donna Godfrey Taylor ("Plaintiff"), Mr. Godfrey's sister, filed a complaint alleging, in part, that the will was not signed and claiming that Mr. Godfrey had died intestate. The Trial Court granted Defendant summary judgment holding there were no undisputed material facts and that all legal requirements concerning the execution and witnessing of a will had been met. Plaintiff appeals. We affirm.

State vs. E.G.P.
E2003-00433-COA-R3-CV
Trial Court Judge: C. Van Deacon
The Juvenile Court of Bradley County ordered that a placement should be found by the Department of Children's Services ("DCS") for a sixteen-year-old mother with her two and one-half-year-old child, the latter of whom had been in foster care most of his life. Time constraints were imposed and DCS did not or was unable to comply with the judgment, which resulted in a finding of contempt. The DCS appeals, and presents a litany of issues for review, one of which alleges that the juvenile court lacked jurisdiction to adjudicate a placement. The judgment is vacated in toto and the case is remanded.

James Wilkerson vs. PFC Global
E2003-00362-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: W. Dale Young
On May 3, 2002, James and Judith Wilkerson ("Plaintiffs") filed this lawsuit against PFC Global Group, Inc. ("PFC") claiming PFC had defaulted on a Promissory Note. Plaintiffs also sued Don and Brenda Dorris who had personally guaranteed PFC's debt to Plaintiffs. All three Defendants were served with process on May 16, 2002, and their attorneys entered an appearance on Defendants' behalf the following day. Plaintiffs' counsel informed defense counsel that Plaintiffs would move for a default judgment if an answer was not filed by September 6, 2002. When no answer was filed by that date, Plaintiffs moved for and were granted a default judgment. After hearing testimony from Plaintiff James Wilkerson regarding the amount due under the various contracts, the Trial Court granted Plaintiffs a judgment against each Defendant in the total amount of $1,492,353.52, plus an additional $15,000 in attorney fees. Thereafter, Defendants filed a motion to have the default judgment set aside under Tenn. R. Civ. P. 60. After a hearing, the Trial Court determined Defendants were not entitled to relief from the default judgment. We affirm.

Donald Lacy v. Wesley Cox
E2003-00709-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: Richard R. Vance
Donald R. Lacy ("Plaintiff") sued Jennifer Brandon for damages arising from an automobile accident. After deliberating for approximately two hours, the jury asked the Trial Court if they were required to award Plaintiff any monetary damages if they found fault on the part of Brandon. Based on the question, Plaintiff surmised the jury's deliberations were not going his way. As a result, Plaintiff moved for a voluntary dismissal without prejudice, believing he was entitled to do so as a matter of right. The Trial Court, also believing Plaintiff was entitled to dismiss his lawsuit without prejudice as a matter of right even though the jury was deliberating, granted the motion. We conclude Plaintiff was not entitled to voluntarily dismiss his lawsuit without prejudice as a matter of right at that stage in the proceedings, and as a consequence the dismissal is with prejudice.

Doris Cannon vs. Peninsula Hospital
E2003-00200-COA-R3-CV
Authoring Judge: Sr. Judge William H. Inman
Trial Court Judge: Harold Wimberly
Criminal proceedings against the Plaintiff involving a controlled substance were dismissed upon the Plaintiffs agreement to pay the costs. She thereupon filed this action for damages for malicious prosecution, which was dismissed on motion for summary judgment because the Plaintiff could not prove a necessary element: that the prosecution was terminated in her favor, because she agreed to pay the costs of the criminal prosecution. We affirm.

02825-COA-R3-CV
02825-COA-R3-CV
Trial Court Judge: Jacqueline E. Schulten

State of Tennessee v. Howard B. Higley
E2001-02525-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Douglas A. Meyer

A Hamilton County jury convicted the Defendant of driving under the influence (DUI), second offense. The trial court sentenced the Defendant to the following: "11 months, 29 days suspended after 6 months day for day (11 months, 29 days suspended probation after the 6 months)." The trial court also revoked the Defendant's driver's license for two years, ordered the Defendant to pay a $610 fine, and ordered the Defendant to avoid alcohol throughout the probation period. In addition, the trial court imposed twenty days of community service to be completed within one year. The Defendant now appeals, arguing the following: 1) that the trial court erred by denying the Defendant's motion to suppress the results of a breathalyser test, 2) that the trial court erred by limiting the testimony of the Defendant's accident re-construction expert's testimony about the Tennessee Department of Transportation's statistics regarding traffic accidents that occurred at the intersection in question, and 3) that the trial court abused its discretion by sentencing the Defendant to a sentence in excess of the maximum sentence available by statute for a DUI second offense. Finding no reversible error as concerns the conviction, we affirm the conviction. We vacate the sentence and remand for entry of an amended judgment.

Barry Winfred Ritchie v. State of Tennessee
E2002-02609-CCA-R3-PC
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge Douglas A. Meyer

In a series of steps designed to challenge his 1981 convictions for armed robbery and aggravated rape, Petitioner, Barry Winfred Ritchie, filed various pro se motions including (1) a motion for post-conviction relief and/or writ of error coram nobis, (2) a motion for relief of judgment pursuant to Rule 60.02 of the Tennessee Rules of Civil Procedure, (3) a petition for common law writ of certiorari, and (4) a motion to quash the indictments and correct an illegal sentence. All pleadings are predicated on the same allegation that the Hamilton County Criminal Court lacked territorial jurisdiction to try and convict Petitioner of the charged offenses. Following a careful review of the record, we affirm the judgments of the trial court.

E2003-00132-COA-R3-CV
E2003-00132-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Thomas R. Frierson, II

Rosie Mae Thomas v. Magna Seating Systems of America,
W2002-02403-WC-R3-CV
Authoring Judge: Allen W. Wallace, Sr. J.
Trial Court Judge: George R. Ellis, Chancellor
In this appeal employer contends that the trial court erred in admitting the testimony of Dr. Joseph C. Boals, III and that the evidence preponderates against the trial court's award of 25% permanent partial disability to the left arm. For reasons stated in this opinion, We affirm the judgment of the trial court.

State of Tennessee v. Stephanie C. Hadley
M2002-02441-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge Robert E. Burch

The defendant pled guilty to felony failure to appear. Following a sentencing hearing, the trial court imposed a one-year sentence with ninety days of incarceration followed by probation. The defendant appeals the denial of full probation. We affirm the judgment of the trial court but remand for correction of a clerical error in the judgment.

State of Tennessee v. Kevin Scott Olmstead
M2002-02120-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge Cheryl A. Blackburn

The defendant, Kevin Scott Olmstead, pled guilty to two counts of aggravated assault. Following a sentencing hearing, the trial court imposed two consecutive five-year sentences. On appeal, the defendant contends his sentences are excessive. We affirm the judgments of the trial court.

Vernon Elkins, Jr. v. State of Tennessee
M2002-00117-CCA-R3-PC
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge James K. Clayton, Jr.

The petitioner appeals the denial of post-conviction relief after his second degree murder conviction and argues his trial counsel (1) deprived him of his right to testify, and (2) failed to effectively represent him at trial. We affirm the judgment of the post-conviction court.

Tony Baldwin v. Board of Paroles
M2002-01428-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Irvin H. Kilcrease, Jr.
A prisoner in the custody of the Tennessee Department of Correction became eligible for parole after serving over twenty years of his sentence. The Parole Board conducted a hearing, and voted to deny him parole. They also decided to defer further parole consideration for another twenty years. The prisoner filed a Petition for Writ of Certiorari, which the trial court denied. We reverse the deferral, because we find that the decision to defer further parole consideration for so many years constitutes an arbitrary exercise of the Parole Board's authority.

Aziza Kljajic v. Mirzet Kljajic
M2002-01294-COA-R3-CV
Authoring Judge: Judge Royce Taylor
Trial Court Judge: Muriel Robinson
This case raises the question of jurisdiction over a nonresident, in a divorce filed by a Tennessee resident who also seeks custody of the parties' minor children, child support and attorney fees. We hold that the court has jurisdiction to grant the divorce and award custody but does not have jurisdiction to award child support or attorney fees.

State of Tennessee v. Bobby Holt, Jr.
W2002-02443-CCA-R3-CD
Authoring Judge: Presiding Judge Gary R Wade
Trial Court Judge: Judge C. Creed McGinley

The defendant, Bobby Holt, Jr., pled guilty to one count of aggravated burglary, four counts of burglary, three counts of theft over $1000, and one count of theft under $500. The trial court imposed sentences of five years for aggravated burglary, three years on each count of burglary, three years on each count of theft over $1000, and eleven months and twenty-nine days for theft under $500. The sentences were ordered to be served concurrently, for an effective, Range I sentence of five years. In this appeal, the defendant asserts that (1) the trial court erred in the application of enhancement and mitigating factors and (2) that the trial court erred by denying an alternative sentence. The judgments of the trial court are affirmed.

Edward Ring v. Chemetals, Inc.
W2002-01638-WC-R3-CV
Authoring Judge: Allen W. Wallace, Sr. J.
Trial Court Judge: Jullian P. Guinn, Circuit Judge
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with the Tenn. Code Ann. Section 5-6- 225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. Claimant has appealed the trial court's decision awarding 15% permanent partial disability to the body as a whole as being inadequate. Claimant seeks an increase award and particularly urges a finding of total disability benefits. Appellee (hereinafter "Employer") filed in its brief a request for consideration of post-judgment evidence. Employer also requests the panel take judicial notice of active and passive range of motion. As discussed below, the panel has concluded the evidence does not preponderate against the trial court's finding and Employer's request for consideration of post- judgment acquired evidence is denied. Employer's request that the panel take judicial notice of active and passive range of motion is also denied. Tenn. Code Ann. _ 5-6-225(e) (22 Supp.) Appeal as of Right; Judgment of the Circuit Court Affirmed ALLEN W. WALLACE, SR. J., in which JANICE M. HOLDER, J. and D. J. ALISSANDRATOS, SP. J., joined. Charles L. Hicks, Camden, Tennessee, for the appellant, Edward Ring. Sean Antone Hunt, Memphis, Tennessee, for appellee, Chemetal, Inc. MEMORANDUM OPINION The employee, or claimant, Edward Ring, initiated this civil action in the Circuit Court of Benton County, Tennessee to recover workers' compensation benefits for injuries he sustained initially on October 23, 1999, and again on August 8, 2, to his shoulders. Following the trial on May 3, 22, the trial court awarded 15% permanent partial disability to the body as a whole. The claimant has appealed this award as being inadequate. Appellant review is de novo upon the record of the trial court, accompanied by a presumption of correctness of the finding of facts, unless the preponderance of the evidence is otherwise. Tenn. Code. Ann. Section 5-6-225(e)(2) (22 Supp.). The reviewing court is required to conduct an independent examination of the record to determine where the preponderance of the evidence lies.

Johnny Ray Arnold, Sr. v. Corrections Corporations of America (Whiteville Facility
W2002-02299-WC-R3-CV
Authoring Judge: Allen W. Wallace, Sr. J.
Trial Court Judge: Joe C. Morris, Chancellor
The trial court found the plaintiff suffered a 75 percent disability to his body as a whole, and awarded permanent partial disability benefits, the cost of medical treatment, and temporary total disability benefits pursuant to the Workers' Compensation Act of the State of Tennessee. As discussed below, the panel has concluded the evidence does not preponderate against the trial court's findings and we affirm.

Matthew Bruce Henderson v. State of Tennessee
M2002-02501-CCA-R3-PC
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Cheryl A. Blackburn

The petitioner, Matthew Bruce Henderson, appeals the denial of his petition for post-conviction relief. The petitioner originally entered best interest guilty pleas to two counts each of rape of a child, aggravated sexual battery, and statutory rape, and received an effective sentence of twenty-four years. On appeal, the petitioner contends (1) he received ineffective assistance of counsel in entering his pleas; (2) the trial court erred in failing to hold a competency hearing prior to accepting his pleas; and (3) his guilty pleas were not knowingly and voluntarily entered. Upon review of the record and applicable law, we affirm the judgment of the post-conviction court.

State of Tennessee v. Steven Paul Deskins
M2002-01808-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Steve R. Dozier

A Davidson County jury convicted the defendant, Steven Paul Deskins, of seven counts of rape of a child and four counts of aggravated sexual battery. The trial court imposed an effective seventy-year sentence. In this appeal, the defendant challenges: (1) the sufficiency of the evidence supporting his convictions; (2) the admissibility of evidence indicating the defendant married his wife when she was seventeen years old; (3) the admissibility of evidence regarding statements the defendant made to his wife during sexual intercourse which were similar to statements allegedly made to the victim; and (4) the imposition of consecutive sentences for three of the convictions. We reverse one of the aggravated sexual battery convictions as being in violation of due process and double jeopardy. Otherwise, we affirm the judgments of the trial court.

State of Tennessee v. Michael Salvatore Morani
E2002-02394-CCA-R3-CD
Authoring Judge: Presiding Judge Gary R Wade
Trial Court Judge: Judge Leon C. Burns, Jr.

The defendant, Michael Salvatore Morani, was convicted of one count of attempted first degree murder and one count of theft over $10,000. The trial court imposed consecutive Range I, standard sentences of twenty-three years and five years respectively. The defendant was fined a total of $60,000. In this appeal of right, the defendant contends that the twenty-three-year sentence for attempted murder is excessive and that the trial court erred by imposing the maximum fines on each count. The judgments are affirmed.

Linda Bradley v. John Waderker
M2002-02017-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Ross H. Hicks
A driver and the passengers in his 1993 Ford Explorer appeal a non-jury judgment of the Circuit Court of Montgomery County. The Ford Explorer collided with a police cruiser at an intersection in the City of Clarksville. The trial court held both drivers to be equally at fault and dismissed the case. We affirm the trial court.

Tamara Fontaine v. Weekly Homes
M2002-01651-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Russell Heldman
Defendants/appellants appeal the trial court's denial of their motion to compel arbitration. We affirm.

State of Tennessee v. Thomas Mitchell
W2002-01781-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge Chris B. Craft

Defendant, Thomas Mitchell, was indicted by the Shelby County Grand Jury for burglary of a building other than a habitation, a Class D felony. Following a jury trial, Defendant was convicted as charged and sentenced as a persistent offender to ten years and six months confinement. In this appeal as of right, Defendant presents a single issue, whether the trial court erred in failing to instruct the jury on the lesser-included offense of facilitation. After a review of the record, we affirm the judgment of the trial court.

State of Tennessee v. Carlos Caudill
E2002-02339-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge E. Shayne Sexton

Defendant, Carlos Caudill, was indicted by the Claiborne County Grand Jury for second degree murder. On December 18, 2001, Defendant entered a guilty plea as a Range II multiple offender to voluntary manslaughter, with the length and manner of service of his sentence to be determined by the trial court. Following a sentencing hearing, the trial court sentenced Defendant to nine years imprisonment. Defendant appeals the length and manner of service of his sentence. We find no error and affirm the judgment of the trial court.