State vs. Andre Neely
W2000-01690-CCA-R3-CD
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge Arthur T. Bennett

After the defendant's arrest for first degree murder and attempted first degree murder, a Shelby County General Sessions Court conducted a preliminary hearing to determine if there was probable cause to support his arrest. At the conclusion of the preliminary hearing, the court dismissed the defendant's case. However, a Shelby County grand jury later indicted the defendant for first degree murder and two counts of attempted first degree murder. Pursuant to a jury trial, the defendant was found guilty of one count of second degree murder and two counts of attempted second degree murder. Accordingly, the trial court sentenced the defendant to serve twenty years in confinement. The defendant now brings this appeal, challenging his conviction on the basis that (1) he was denied an opportunity to review the preliminary hearing tape, which was destroyed, and that (2) the trial court refused to admit certain testimony to cure this deficiency. After reviewing these claims, we find that neither of them merit relief. Accordingly, we affirm the defendant's convictions.

State of Tennessee v. Terrance Burke
W2000-02614-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Joseph B. Dailey

The defendant was convicted of intentionally evading arrest in an automobile, a Class E felony. The trial court sentenced the defendant as a career offender to six years incarceration. The defendant now appeals, arguing that the trial court erred by classifying him as a career offender. Concluding that the evidence was insufficient to support the trial court's determination that the defendant is a career offender, we reverse the judgment of the trial court and remand for re-sentencing.

Russell Lane Overby v. State of Tennessee
W2001-01247-CCA-R3-PC
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge C. Creed McGinley

The appellant, Russell Lane Overby, appeals from the Hardin County Circuit Court's dismissal of his petition for post-conviction relief. On December 8, 1997, Overby was found guilty of rape by a Hardin County jury, and was sentenced to a term of twelve years in the Department of Correction. In this collateral attack of his rape conviction, Overby alleges that he received ineffective assistance of counsel, both at trial and on direct appeal. After review, we find no error and affirm the judgment of the post-conviction court.

State of Tennessee v. Kardius Wilks
W2001-02172-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge Chris B. Craft

The appellant, Kardius Wilks, was convicted by a Shelby County jury of first degree murder and sentenced to life imprisonment. On appeal, Wilks contends that the evidence presented at trial was insufficient to support his first degree murder conviction because the State failed to prove that the murder was premeditated and intentionally committed. After review, we find no error and affirm the judgment of the trial court.

State of Tennessee v. Larry Brooks
W2001-02478-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge L. Terry Lafferty

The defendant, Larry Brooks, was convicted by a jury of aggravated robbery, aggravated assault, aggravated burglary, vandalism, and theft up to $500. The defendant was subsequently sentenced as a Range III, persistent offender to twenty years for the robbery, ten years for the assault, ten years for the burglary, and eleven months, twenty-nine days for each of the misdemeanors, all sentences to run concurrently. In this direct appeal the defendant raises four issues: (1) whether the trial court erred in denying his motion to suppress; (2) whether the evidence is sufficient to support his convictions; (3) whether the trial court erred in sentencing the defendant more than forty-five days after the jury verdict; and (4) whether the trial court erred in classifying the defendant as a persistent offender in imposing sentence. Finding that principles of double jeopardy prohibit the defendant's convictions for aggravated assault and theft, we reverse and dismiss those convictions. In all other respects, we affirm the judgment of the trial court.

Lidell Russell vs. City of Memphis
W2001-01307-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: George H. Brown
This is an appeal from a wrongful death action brought against the City of Memphis pursuant to the Governmental Tort Liability Act. The trial court granted summary judgment to the City of Memphis, finding that at the time of the accident giving rise to this action its employee was not acting within the scope of his employment. We affirm.

Laythaniel Haney, Sr. v. State of Tennessee
E1999-00616-CCA-R3-PC
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Rex Henry Ogle

The Petitioner was convicted by a Cocke County jury of seven counts of selling cocaine and one count of simple possession of marijuana. The trial court imposed an effective sentence of thirty-six years in the Tennessee Department of Correction. The convictions and sentence were affirmed on direct appeal. The Petitioner subsequently filed a petition for post-conviction relief, arguing that he received ineffective assistance of counsel at trial. Following a hearing, the trial court denied postconviction relief, and this appeal ensued. Concluding that the Petitioner received effective assistance of counsel at trial, we affirm the judgment of the trial court.

State of Tennessee v. Danny Trout
M2001-00462-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge Cheryl Blackburn

The defendant was convicted by a Davidson County jury of DUI. In this appeal, he alleges the Vehicular Crimes Grand Jury, which was convened in Davidson County to consider only vehicle-related crimes, was illegally empaneled. He further contends the investigatory stop of his automobile was improper. We affirm.

Johnny A. Stephenson v. Container Products Corporation
E2001-00385-WC-R3-CV
Authoring Judge: John K. Byers, Sr. J.
Trial Court Judge: James B. Scott, Jr., Judge
The trial court found that the plaintiff had suffered a work-related injury and awarded permanent partial disability of thirty percent to the body as a whole. We affirm the judgment of the trial court but reduce the amount of the award to twenty percent (2%) vocational disability.

Birdie I. Treece v. Lear Corporation
E2001-02160-WC-R3-CV
Authoring Judge: Thayer, Sp. J
Trial Court Judge: Kindall Lawson, Circuit Judge
The trial court found the employee was totally and permanently disabled. The court also found the employer was entitled to a set off for payment of long-term disability benefits and made other rulings as to the employee's rights under the employer's disability retirement plan. Judgment of the trial court is affirmed as to the award of total disability and set off rulings, and vacated as to issues relating to the employee's vested rights to future disability retirement benefits.

State of Tennessee v. Marcus M. Oden
M2001-01343-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge Don R. Ash
The Rutherford County Grand Jury indicted the defendant for aggravated child abuse. Pursuant to a negotiated plea agreement, the defendant pled guilty to aggravated assault as a Range II multiple offender for an eight-year sentence, with the manner of service to be determined by the trial court. Following a sentencing hearing, the trial court denied the defendant's request for alternative sentencing and ordered him confined in the Tennessee Department of Correction. In this appeal, the defendant contends he should have received alternative sentencing. After a thorough review of the record, we affirm the judgment of the trial court.

State of Tennessee v. Tommy Powell
M2001-02955-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge Timothy L. Easter

Defendant was found guilty of violating the state speeding law by the Fairview City Court and, on appeal, was again found guilty by the Circuit Court of Williamson County. In this appeal, defendant contends he was denied his constitutional right to trial by jury, and the evidence was insufficient to support his conviction. Although we find the evidence sufficient to support the conviction, we conclude defendant was deprived of his right to trial by jury. We reverse and remand for a new trial.

State of Tennessee v. Walter McGill
E2001-01074-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge Ray L. Jenkins

The appellant, Walter McGill, pled guilty to one count of sexual battery by an authority figure and was sentenced to five years incarceration in the Tennessee Department of Correction. On appeal, the appellant contends that the trial court erred in failing to grant him full probation, or, in the alternative, split confinement. Upon review of the record and the parties' briefs, we affirm the judgment of the trial court.

Stephen Cantrell v. Martin Sir
M2001-00272-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Barbara N. Haynes
This appeal involves a trial court's grant of summary judgment, which dismissed a doctor's claim for malicious prosecution against an attorney. The attorney had drafted a complaint for a former patient of the doctor that was filed by the patient pro se several years prior to the initiation of the present suit. The patient's claim was ultimately dismissed, prompting the doctor to file suit against the attorney who drafted the complaint. The trial court found that the doctor was unable to show a basis for finding malice or damages and granted summary judgment in favor of the attorney. For the following reasons, we affirm.

Thomas Milam v. Donna Milam
M2001-00498-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Muriel Robinson
By decree the husband was ordered to pay $4500 per month in child support and $2500 per month in alimony for forty-eight months. After a change in his employment, Husband petitioned the court for a reduction in alimony and child support. The trial court denied the petition and ordered the husband to pay the wife's attorney's fees. We affirm.

State of Tennessee v. Jack Clayton Moberly, Jr.
M2001-01279-CCA-R3-CD
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge Robert E. Burch

The defendant, Jack Clayton Moberly, Jr., was convicted by a Dickson County Circuit Court jury of aggravated robbery, a Class B felony, conspiracy to commit robbery, a Class D felony, and aggravated assault, a Class C felony. The trial court sentenced him as a Range I, standard offender to concurrent sentences of ten years for the aggravated robbery conviction, two years for the conspiracy to commit robbery conviction, and four years for the aggravated assault conviction. The defendant appeals his aggravated robbery conviction, claiming that the indictment fails to allege that offense. We affirm the judgment of the trial court.

Lynward Jackson v. Joyce Allen & Billy Allen
M2000-01673-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: James E. Walton
This is a personal injury case. The plaintiff sued the defendants for back injuries he sustained in a car accident. The jury returned a verdict in favor of the plaintiff on several elements of damage, including damages for permanent injury and for future pain and future loss to enjoyment of life. The defendants moved for judgment notwithstanding the verdict on these elements of damage only. The trial judge denied the motion. The defendants now appeal. We affirm, finding that material evidence exists to support the jury's conclusion that the accident partially caused the plaintiff's injuries.

State of Tennessee v. Georgia Lucinda Hagerty
E2001-01254-CCA-R10-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Judge Lynn W. Brown

We granted an extraordinary appeal, pursuant to Tennessee Rules of Appellate Procedure 10(a), to consider the Washington County Criminal Court’s denial of the defendant’s ex parte motion seeking funds for expert services, as outlined in Tennessee Supreme Court Rule 13 and the holding in State v. Barnett, 909 S.W.2d 423 (Tenn. 1995). We stayed the trial court’s proceedings pending our consideration of this issue. Upon a thorough review of the record in this case, the briefs of the parties, and the applicable law, we reverse the ruling of the trial court, remand for further proceedings consistent with our opinion, and lift the previously ordered stay so that trial court proceedings may resume.

Chattanooga Regional Transportation Authority vs Gerald D. Autry
E2001-01419-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: Howell N. Peoples
This is an appeal by a former employee, Gerald D. Autry, of Chattanooga Area Regional Transportation Authority, seeking unemployment benefits. The Chancellor overturned the determination of the three separate Administrative Tribunals and found Mr. Autry was not entitled to unemployment compensation. We affirm.

Nicolaie Lucescu v. Twin City Motors, Inc.
E2001-00672-WC-R3-CV
Authoring Judge: W. Neil Thomas, III,
Trial Court Judge: Telford Fogerty, Jr., Chancellor
The issue presented by this appeal is whether there is evidence to support the finding of the trial court that the hernia experienced by the employee occurred before the date of the report of the accident and is, therefore, not compensable under the Hernia Statute, T.C.A. _5-6-212. After a review of the record and the briefs and after consideration of the arguments of counsel, we find that the trial court simply chose to believe the plaintiff's treating physician rather than the plaintiff as to when the hernia occurred. We, therefore, affirm.

State of Tennessee v. Kerwin Dowell - Order
M2001-00970-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge Michael R. Jones
Defendant appeals the length of his sentences on four counts of aggravated burglary. We affirm pursuant to Rule 20, Rules of the Court of Criminal Appeals

Richard Madkins vs. State
W2001-03002-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Plaintiff was convicted of especially aggravated robbery and attempted felony murder. The trial court sentenced Plaintiff to two consecutive sentences of sixty years for each count. In an opinion filed on March 22, 1999, the Tennessee Supreme Court reversed Plaintiff's conviction for attempted felony murder, concluding that the offense did not exist in Tennessee. On March 28, 2001, Plaintiff sued the State of Tennessee in the Division of Claims Administration. The State filed a motion to dismiss Plaintiff's action, which the Claims Commission granted. Plaintiff appeals the decision of the Claims Commission. We affirm.

Melissa Taylor vs. Terry Taylor Jr.
W2001-02247-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Joe C. Morris
Husband moved the trial court to set aside a default judgment and permanent parenting plan in this divorce action on the basis that the final decree and permanent parenting plan differed significantly from the relief sought in the complaint and temporary parenting plan filed by Wife. The trial court denied the motion and Husband appeals. We reverse the decision of the trial court insofar as it failed to grant Husband the relief sought.

State of Tennessee v. Christopher Campbell
W2001-01916-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge Carolyn Wade Blackett

The Appellant, Christopher Campbell, appeals the sentencing decision of the Shelby County Criminal Court following his jury conviction for aggravated robbery. At sentencing, the trial court ordered that Campbell's eight-year sentence in this case be served consecutively to three prior convictions for aggravated robbery. On appeal, Campbell argues that the trial court erred in ordering consecutive sentences. Because the trial court failed to recite any reasons for imposing consecutive sentences as required by Rule 32, Tennessee Rules of Criminal Procedure, we are unable to perform appellate review of the sentencing issue. Accordingly, the case is remanded for determination of consecutive sentencing as provided by Rule 32.

Offroad Performance vs. John Walls
W2001-02563-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Robert L. Childers
This is a breach of contract case. The parties had an oral contract for the sale of goods. The plaintiff seller asserted that the parties orally agreed on a price of $23,000; the defendant buyer paid $10,000 in advance of shipment. The buyer maintained that his $10,000 payment was the entire agreed sale price. The trial court found that the sale price was $23,000. The defendant appeals, arguing that Tennessee's statute of frauds prohibited enforcement of the contract beyond the price admitted by the defendant. We affirm, finding that, once the defendant admitted the existence of an oral contract, the trial court could determine the contract's terms based on witness testimony and other relevant evidence.