State of Tennessee v. Lemar J. White
W2004-00276-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge Carolyn Wade Blackett

The Appellant, Lemar J. White, was convicted by a Shelby County jury of first degree premeditated murder and sentenced to a term of life imprisonment. On appeal, White raises the single issue of sufficiency of the evidence. Specifically, he challenges the proof with regard to the element of premeditation. After review of the record, we find the evidence sufficient to support the verdict and affirm the judgment of conviction.

Willie Claybrook v. State of Tennessee
W2003-02462-CCA-R3-HC
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge Clayburn L. Peeples

The Petitioner, Willie Claybrook, appeals the trial court's denial of his petition for habeas corpus relief. The State has filed a motion requesting that this Court affirm the trial court's denial of relief pursuant to Rule 20, Rules of the Court of Criminal Appeals. The Petitioner has not responded to the State’s motion. It appears from the record before us that the notice of appeal was not timely filed and this Court cannot conclude that justice requires that this Court waive the timely filing requirement. Accordingly, the State’s motion is granted and the above-captioned appeal is dismissed.

State of Tennessee v. Timothy Maurice Reynolds
M2003-02551-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Jim T. Hamilton

The defendant was convicted of aggravated robbery, a Class B felony, and sentenced as a Range I, standard offender to eight years in the Tennessee Department of Correction ("TDOC"). On appeal, he asserts the trial court should have given him pretrial jail credit for time served in federal prison on an unrelated federal conviction. Following our review, we affirm the sentence but remand for entry of a corrected judgment.

In Re: R.D.F. and D.L.F.
M2003-02798-COA-R3-JV
Authoring Judge: Judge William H. Inman, Sr.
Trial Court Judge: Judge Donna A. Scott

The attorney for the petitioner was held in contempt for failing to appear as ordered and failing to advise the Juvenile Court of a Chancery action. We hold the evidence does not support a finding of criminal contempt.

Darrell Jones, Jr. v. State of Tennessee
E2004-00835-CCA-R3-PC
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge Stephen M. Bevil

The Appellant, Darrell Jones, Jr., appeals the Hamilton County Criminal Court's dismissal of his petition for post-conviction relief. Jones was indicted for first degree murder; however, the plea agreement permitted Jones to enter a guilty plea to the reduced charge of second degree murder. As part of the agreement, he accepted a forty-five year sentence as a Range III offender despite only meeting the statutory criteria for a Range I offender. On appeal, Jones raises the issue of whether trial counsel was ineffective for failing to inform Jones of the ramifications of pleading outside his range. Following review of the record, we affirm the dismissal of the petition.

Tammy Searle (f/k/a Tammy Moretti) v. Juvenile Court for Williamson County
M2004-00331-COA-R3-HC
Authoring Judge: Judge William H. Inman, Sr.
Trial Court Judge: Judge Timothy L. Easter

The petitioner was convicted of criminal contempt of the Juvenile Court of Williamson County, and sentenced to 590 days for 59 comtempts. She fled the State and apparently is a resident of California. A direct appeal was rejected because of her fugitive status. She now seeks a Writ of Habeas Corpus, on the theory that the conviction and sentence are void. She remains a fugitive and the court dismisses her petition on appeal.

Kevin Allen Kyle v. Mary Lou Climer Kyle
W2004-01221-COA-R3-CV
Authoring Judge: Presiding Judge W. Frank Crawford
Trial Court Judge: Chancellor Ron E. Harmon

Wife appeals from trial court’s division of marital property and award of alimony in divorce proceeding. Wife contends the trial court made numerous errors in the classification and division of various assets and in the alimony award. Husband contends that the trial court did not err in its
division of marital property, contends that Wife can be rehabilitated, and seeks an award of rehabilitative alimony to terminate at a specific date. Husband further contends that trial court erred in awarding attorney’s fees to Wife, and Husband seeks attorney’s fees and costs related to defending
this appeal. We affirm in part, reverse in part, modify in part and remand.

State of Tennessee v. Jessica Trotter-Lawson and Andrew Sheriff
W2004-00656-CCA-R3-CD
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge Arthur T. Bennett

The appellants, Jessica Trotter-Lawson and Andrew Sheriff, pled guilty to theft of property over sixty thousand dollars. As a result of the plea agreement, each appellant received an eight-year sentence. Both appellants applied to the trial court for alternative sentencing. After an evidentiary hearing, the trial court denied alternative sentencing and ordered the appellants to serve the entire sentence in incarceration. Both appellants filed timely notices of appeal, challenging the trial court’s denial of alternative sentencing. After a review, we determine that a sentence of split confinement would best serve the interests of the public and the appellants. Accordingly, the judgments of the trial court are reversed and remanded for entry of sentences of split confinement reflecting a period of twelve months of incarceration in the Shelby County Correctional Facility with the remainder of the eight-year sentence to be served on supervised probation.

State of Tennessee v. David Sever Watkins
M2003-01488-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Leon C. Burns, Jr.

The defendant, David Sever Watkins ¹, was convicted by a White County jury of sale of .5 grams or more of a Schedule II controlled substance, cocaine, and was sentenced as a Range I, standard offender to ten years in the Department of Correction. On appeal, he asserts: (1) the evidence was insufficient to sustain his conviction; and (2) the trial court erred in imposing a ten-year sentence. Following our review, we affirm the conviction and the sentence.

Vinson D. Mason v. State of Tennessee
M2004-00084-CCA-R3-PC
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge Steve R. Dozier

The petitioner, Vinson D. Mason, pled guilty in the Davidson County Criminal Court to second degree murder and received a sentence of eighteen years incarceration in the Tennessee Department of Correction. Subsequently, the petitioner filed a petition for post-conviction relief, alleging that he received the ineffective assistance of counsel. The post-conviction court denied the petition, and the petitioner now appeals. Upon our review of the record and the parties’ briefs, we affirm the judgment of the post-conviction court.

State of Tennessee v. Colia Louis Streeter
M2004-00543-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge W. Charles Lee

Following a jury trial, Defendant, Colia Louis Streeter, was convicted of one count of the sale of 0.5 grams or more of cocaine, a Class B felony, and one count of delivery of 0.5 grams or more of cocaine, a Class B felony. The trial court merged Defendant's conviction in count two into his conviction in count one, and sentenced Defendant to twelve years as a Range I, standard offender. In his sole issue on appeal, Defendant argues that the evidence was insufficient to support his conviction, and that, at most, the transaction constituted a casual exchange of cocaine rather than an unlawful sale. After a thorough review of the record, we affirm the judgment of the trial court.

Perry Franks v. State of Tennessee
M2004-00554-CCA-R3-PC
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge Jim T. Hamilton

The Defendant, Perry Franks, pled guilty pursuant to a "best interest" plea to one count of aggravated rape and one count of especially aggravated kidnapping. The plea agreement provided that the Defendant would receive a Range I sentence of fifteen years for each offense, to run concurrently. The Defendant subsequently filed for post-conviction relief, alleging that his lawyer was ineffective and that his dual convictions violate due process under State v. Anthony, 817 S.W.2d 299 (Tenn. 1991). After a hearing, the trial court denied relief. We affirm the judgment of the trial court.

State of Tennessee v. Darren Price
W2003-01447-CCA-MR3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Joseph B. Dailey

The defendant was found guilty of attempted first degree murder, attempted especially aggravated kidnapping, and two counts of aggravated robbery. He contends on appeal that the evidence is insufficient to support the convictions, that the trial court erred in imposing consecutive sentencing, and that the defendant was sentenced in violation of Blakely. We affirm the judgments of the trial court but remand for entry of corrected judgment forms to reflect that the two convictions for aggravated robbery merge.

State of Tennessee v. Leonard J. Young
W2002-03012-CCA-R3-DD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge Jon Kerry Blackwood

The appellant, Leonard J. Young, appeals as of right his conviction and sentence resulting from the 1999 murder of Hillary Johnson. On  August 23, 2002, a Shelby County jury convicted the appellant of one count of premeditated first degree murder, one count of especially aggravated kidnapping, and one count of theft of property over $1,000.00. Following a separate sentencing hearing on August 24, 2002, the jury unanimously found the presence of three statutory aggravating circumstances: the appellant had previously been convicted of a violent felony offense, the murder was committed to avoid prosecution, and the murder was committed during the perpetration of a theft. See Tenn. Code Ann. § 39-13-204(i)(2), (6), (7) (Supp. 2002). The jury further determined that these aggravating circumstances outweighed any mitigating circumstances and imposed a sentence of death. The trial court approved the sentencing verdict. On November 8, 2002, the trial court entered judgments of
conviction sentencing the appellant to death for the murder, sixty years  as a violent offender for the especially aggravated kidnapping, and twelve years as a career offender for the theft. The sentences were ordered to be served consecutively. The appellant now appeals as of right, presenting for our review the following issues: (1) whether the trial court erred by denying the appellant’s motion to suppress; (2) whether the trial court erred by failing to declare a mistrial when as a result of a death in his immediate family he was unable to continue to preside over the trial; (3) whether the evidence was sufficient to establish venue of the murder in Shelby County; (4) whether the evidence was sufficient to support the appellant’s conviction of premeditated first degree murder; (5) whether the trial court erred by permitting the State to introduce various photographs of the victim; (6) whether the trial court erred by admitting certain victim impact evidence; (7) whether the trial court’s instruction to the jury that the appellant’s prior offenses were offenses in which the statutory elements involved the use of violence violated the United States Constitution; (8) whether the evidence was sufficient to support the finding of the (i)(6) aggravating circumstance; and (9) whether Tennessee’s death penalty statutory scheme is unconstitutional.  Finding no reversible error, we affirm the appellant’s convictions and sentence of death.

Marvin Martin v. Members and Chairman of Board of Probation and Parole
M2003-00790-COA-R3-CV
Authoring Judge: Presiding Judge William C. Koch, Jr.
Trial Court Judge: Chancallor Irvin H. Kilcrease, Jr.

This appeal involves a prisoner's concerns about overcrowding at the correctional facility in which he is incarcerated. The prisoner filed a petition for common-law writ of certiorari in the Chancery Court for Davidson County seeking an order compelling the Tennessee Board of Probation and Parole to advance his release eligibility date. The trial court granted the Board's Tenn. R. Civ. P. 12.02(6) motion to dismiss, and the prisoner appealed. We vacate the judgment and remand the case with directions to dismiss the petition because it was filed in the wrong county.

Terry McKee v. Tennessee Department of Correction, et al.
M2003-01661-COA-R3-CV
Authoring Judge: Presiding Judge William C. Koch, Jr.
Trial Court Judge: Chancellor Irvin H. Kilcrease, Jr.

This appeal involves a prisoner who desires to rescind a waiver he signed in 1986 to become entitled to earn sentence reduction credits. The prisoner filed a pro se petition for a common-law writ of certiorari in the Chancery Court for Davidson County requesting an order directing the Tennessee Department of Correction to permit him to withdraw his waiver. The Department moved to dismiss the prisoner's petition because it was not timely filed. The trial court granted the motion, and the prisoner has appealed. We vacate the judgment and remand the case with directions to dismiss the petition because it was filed in the wrong county.

Outfitters Satellite, Inc., & Earthtrak Vehicle Tracking Systems v. CIMA Inc., et al.
M2003-02074-COA-R3-CV
Authoring Judge: Judge Herschel P. Franks
Trial Court Judge: Chancellor Carol L. Mccoy

This case involves a dispute over the enforcement of non-compete and confidentiality agreements in an employment contract. A company selling satellite telephone and GPS equipment filed suit in the Chancery Court for Davidson County seeking to enforce a non-compete agreement against a former employee who was allegedly interfering with its business relations with customers and suppliers. Following a bench trial, the Trial Court determined that the employee had breached the agreements and enjoined the employee from competing with his former employer for one year in North America. The employee has appealed, asserting that the non-compete agreement is unenforceable or, in the alternative, that its geographic coverage is too broad. We have determined that the non-compete agreement is enforceable but that its geographic coverage should be limited to the United States rather than to North America.

State of Tennessee v. Ronald Eugene Hall and Henry Lee Dixon
M2003-02326-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge Walter C. Kurtz

Defendants Ronald Eugene Hall and Henry Lee Dixon were each indicted on one count of first degree felony murder, one count of first degree premeditated murder and one count of attempted especially aggravated robbery. Following a jury trial, Defendant Hall was convicted of the lesser included offense of second degree murder on counts one and two and was found not guilty on count three, attempted especially aggravated robbery. The trial court merged Defendant Hall's conviction of second degree murder in count two with his second degree murder conviction in count one and sentenced him to twenty years. Defendant Dixon was found not guilty in counts two and three and convicted in count one of the lesser included offense of facilitation of second degree murder. The trial court sentenced Defendant Dixon to nine years in the Tennessee Department of Correction. Defendant Hall argues on appeal that (1) the trial court erred in its instruction to the jury on the definition of reasonable doubt; (2) the trial court erred in providing the jury with an instruction on the introduction of fingerprint evidence; (3) the trial court erred in admitting certain photographs during Officer George Bouton's testimony; and (4) the trial court erred in failing to instruct the jury as to facilitation as a lesser included offense of the indicted offenses. Defendant Dixon challenges the sufficiency of the convicting evidence and argues that the trial court erred in not admitting a video animation portraying the sequence of events described during Defendant Dixon's testimony. Defendant Dixon also argues that his sentence is excessive. Defendant Hall did not appeal the length of his sentence. After a thorough review of the record and the parties' briefs, we affirm the judgments of the trial court.

State vs. John C. Walker, III - Order
M2003-01732-CCA-R3-CD
Authoring Judge: Judge John Everett Williams

State of Tennessee v. John C. Walker, III - Dissenting
M2003-01732-CCA-R3-CD
Authoring Judge: Judge David G. Hayes

The majority concludes that modification of the defendant’s sentence is required in light of Blakely v. Washington, 542 U.S. __, 124 S. Ct. 2531 (2004). I must respectfully dissent.

Grethy Hirt v. Ernst H. Hirt
E2004-00354-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: Judge William H. Russell

Grethy Hirt ("Wife") filed for divorce from Ernst H. Hirt ("Husband") after twenty-seven years of marriage. The parties had five financial accounts. Two of these accounts clearly were marital property, were divided evenly by the Trial Court, and are not at issue on appeal. As to the three remaining accounts, the Trial Court concluded two were marital property with the third being Wife's separate property. After making these findings, the Trial Court distributed the property with Husband receiving 54% of the marital property, and Wife receiving the remaining 46%. Husband appeals claiming the Trial Court erred when it classified two of the accounts as marital property and the third as Wife's separate property. Both parties claim the Trial Court's overall distribution of the marital property was inequitable. We conclude the Trial Court properly classified the three accounts at issue and did not abuse its discretion when distributing the marital property. The judgment of the Trial Court is, therefore, affirmed.

Kevin Scaife v. Adrenne Scaife
E2004-01087-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Judge Jacqueline E. Schulten

In this divorce case, the trial court designated Adrienne Scaife ("Mother") as the primary residential parent of the parties' children, Laniesha Scaife (DOB: August 10, 1992) and Kevin Scaife, Jr. (DOB: July 18, 1996). The children's father, Kevin Scaife ("Father"), appeals. We affirm.

Alice Holden v. Fred Stores of Tennessee, Inc.
02A01-9902-CV-00040
Authoring Judge: Judge Holly Kirby Lillard
Trial Court Judge: Judge Jon Kerry Blackwood

This is a premises liability case. Plaintiff, Alice Holden, appeals from the order of the trial court granting summary judgement to defendant, Fred’s Stores of Tennessee, Inc.

State of Tennessee v. Derrell Bender
M2004-01175-CCA-R3-CO
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge Steve R. Dozier

The Appellant, Derrell Bender, appeals the Davidson County Criminal Court's denial of his "Motion for Reduction or Modification of Sentence" filed pursuant to Tenn. R. Crim. P. 35(b). Bender pled guilty to voluntary manslaughter and received an agreed-upon sentence of ten years as a Range III career offender. In his motion, Bender requested that the trial court impose a sentence within the sentence range of a Range I standard offender. The trial court denied the motion, finding that Bender was "not an appropriate candidate for a suspended sentence." Bender seeks review pursuant to a "Petition for Common Law Writ of Certiorari." Because the trial court's order fails to address Bender's request for sentencing as a Range I offender, we reverse and remand to the trial court for reconsideration of the Rule 35 motion.

State of Tennessee v. Randolph Anderson
M2004-00735-CCA-R3-CD
Authoring Judge: Presiding Judge Gary R. Wade
Trial Court Judge: Judge Jane W. Wheatcraft

The defendant, Randolph Anderson, appealed a conviction in the Sumner County General Sessions Court for simple possession of marijuana. In the trial court, the defendant filed a motion to suppress which was granted. In this appeal from the order of suppression, the state argues that the trial court erred by concluding that the arresting officer lacked any basis to stop the vehicle driven by the defendant. The judgment is affirmed.