State of Tennessee v. Steven Dalton
M2001-00756-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Donald P. Harris
A Hickman County Criminal Court jury found the defendant, Steven Dalton, guilty of voluntary manslaughter for the killing of a fellow inmate. The trial court imposed a six-year sentence to be served consecutively to the defendant's existing life sentence. The defendant appeals his conviction, claiming: (1) the trial court erred in allowing the State to impeach him with his prior felony murder conviction and (2) the evidence was insufficient to support his conviction for voluntary manslaughter. We affirm the judgment of the trial court.

Orlando Residence, Ltd. v. Nashville Lodging
M2001-00648-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Ellen Hobbs Lyle
This is an action for damages for the fraudulent conveyance of a Nashville hotel to defeat the rights of a creditor of the original owner. After a trial and two prior appeals, the Chancery Court of Davidson County tried the case on the merits again in August of 2000. The jury returned a verdict in favor of the plaintiffs for $797,615. The defendants assert on appeal that the statute of limitations barred the claim, that the trial court erred in miscalculating the defendants' claim for restitution, and that there is no evidence in the record to support a finding that the transfer was fraudulent. We reverse the lower court's ruling that as a matter of law the statute of limitations had not run. In all other respects we affirm the lower court's judgment.

State of Tennessee v. Ricky T. Hughes
M2000-01846-CCA-MR3-CD
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge Cheryl A. Blackburn

A Davidson County Criminal Court jury convicted the defendant, Ricky T. Hughes, of facilitation of first degree felony murder, a Class A felony, and especially aggravated robbery, a Class A felony.  The trial court sentenced him to consecutive sentences of twenty-five years as a standard offender for the facilitation conviction and twenty-five years as a violent offender for the aggravated robbery conviction. The defendant appeals, claiming that (1) the evidence is insufficient to support his
convictions, (2) the trial court erred by denying his motion to suppress his confession, and (3) the trial court erred by not allowing him to testify about a prior consistent statement. We affirm the judgment of the trial court.

Decatur County vs. Vulcan Materials
W2001-00858-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Ron E. Harmon
This case involves the constitutionality of a mineral severance tax increase. In 1984, the Tennessee General Assembly enacted a public act of statewide application authorizing counties to collect a mineral severance tax, directing that the proceeds of the tax be deposited in the county road fund. In 1987, the General Assembly passed a private act allowing Decatur County to impose a mineral severance tax, but allocating the revenue from the tax to the county's general fund. Decatur County adopted the tax and the proceeds went to the county's general fund. In 1994, the General Assembly amended the private act to provide for an increase in the mineral severance tax. Decatur County adopted the increased rate, and then filed suit against a company that severed minerals from the earth in that county, to collect the mineral severance tax at the increased rate. The mineral company, and three other mineral companies, resisted payment of the tax, arguing inter alia that the tax was unconstitutional under Article XI, Section 8 of the Tennessee Constitution, the equal protection clause, because the proceeds were allocated to the county's general fund, rather than to the county road fund, as directed in the public act authorizing the tax. After a trial, the trial court held that the mineral companies were estopped from arguing that the tax was unconstitutional, and, in the alternative, that the tax was constitutional because the mineral companies failed to show that there was not a rational basis for the allocation of the funds to the county's general fund rather than to the road fund. Both parties appealed. We affirm in part and reverse in part, finding that the mineral companies were not required to pay the tax in protest, that the mineral companies have standing to sue and are not estopped from contesting the constitutionality of the tax, and finally that the tax is constitutional because there is a rational basis for allocating the revenue to the county's general fund rather than to its road fund.

John C. Flowers v. Joseph E. Turner And Connie Turner
W2001-01429-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Roy B. Morgan, Jr.

Thomas Nelson vs. Robin Nelson
W2001-01515-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: George R. Ellis
In this divorce case, Husband appeals the type and amount of alimony awarded Wife, the award to Wife of his military Survivor Benefit Plan, the calculation of his retirement pay and the award to Wife of her attorney's fees. We have determined, based on this record, that the judgment be modified to reduce the amount of alimony in futuro, but otherwise affirm.

Pioneer Subdivision Homeowners vs. Professional Counseling
W2001-03053-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Ron E. Harmon

Pioneer Subdivision Homeowners vs. Professional Counseling
W2001-03053-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Ron E. Harmon

Huntington Eldridge vs. Deborah Eldridge
W2000-00730-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Karen R. Williams
Husband filed for divorce alleging inappropriate marital conduct and irreconcilable differences. Wife countersued on the same grounds. After a lengthy trial, the court awarded Husband the divorce. Wife appeals several aspects of the court's decision, including the distribution and classification of the parties' property, child support, and alimony. Wife also contends that the court was biased against her and created an appearance of impropriety. Husband also raises issues on appeal. We affirm in part, reverse in part, and remand the case for further proceedings.

State of Tennessee v. Terry Norris
W2000-00707-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge James C. Beasley, Jr.

A Shelby County jury found the Defendant guilty of second degree murder, and the trial court sentenced him to twenty-one years incarceration. The Defendant now appeals his conviction, arguing that he received ineffective assistance of counsel at trial because (1) his counsel failed to file a motion to suppress his confession based upon a violation of the Defendant's Fourth Amendment rights; and (2) his counsel argued a theory of defense to the jury that was contrary to the Defendant's wishes and testimony. We conclude that the Defendant's trial counsel were not ineffective for failing to base the motion to suppress the Defendant's confession on a violation of the Defendant's Fourth Amendment rights. We further conclude that although the Defendant's counsel did not comply with the Defendant's wish to proceed at trial under a theory of self-defense, any error in this regard was harmless in light of the record as a whole. We therefore affirm the judgment of the trial court.

CH-01-0200-2;
CH-01-0200-2;
Trial Court Judge: Kenny W. Armstrong

State of Tennessee v. Tracy Farrell
E2001-01199-CCA-R3-CD
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge Carroll L. Ross

The defendant, Tracy Farrell, appeals from his eleven drug convictions rendered by a McMinn County Criminal Court jury. On appeal he challenges the trial court's failure to grant a severance of offenses. We have determined that the trial court did not abuse its discretion in denying the motion to sever offenses, and we affirm the conviction judgments.

State of Tennessee v. Nathan Scott Ramagos
M2001-01873-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Seth W. Norman

The defendant pled guilty to one count of sexual battery, a Class E felony; one count of indecent exposure, a Class A misdemeanor; and one count of reckless aggravated assault, a Class D felony. Denying his request for probation, the trial court sentenced him as a Range I, standard offender to the maximum sentence for each offense, for an effective sentence of four years. In a timely appeal to this court, the defendant challenges his sentences, arguing that the trial court erred in its application of enhancement factors, and in failing to find any factors in mitigation. Based upon our review, we conclude that two of the three enhancement factors found applicable by the trial court are unsupported by the record, but that the remaining enhancement factor, the defendant's prior history of criminal conduct, is entitled to great weight. We further conclude that mitigating factor (1), the defendant's actions did not cause or threaten serious bodily injury, applies to the defendant's convictions for sexual battery and indecent exposure, but that it carries very little, if any, weight in mitigation. Accordingly, we affirm the trial court's denial of the defendant's request for probation, and the sentences imposed in this case.

Joan Loreva Kreth v. Timothy Kerwin Kreth
W2002-00983-COA-R10-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: D'Army Bailey

State of Tennessee v. Charles H. Martin
E2001-00565-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge Rex H. Ogle

The Defendant, Charles H. Martin, was convicted by a jury of aggravated assault. Following a sentencing hearing, the trial court sentenced him as a Range I offender to six years in the Department of Correction. On appeal, the Defendant contends that the trial court erred in denying his motion to strike handwritten portions of the indictment. We affirm the judgment of the trial court.

State of Tennessee v. Steven L. Rauhuff
E2001-00543-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge D. Kelly Thomas, Jr.

The defendant was indicted for operation of a motor vehicle after being declared an habitual offender. Following a bench trial, he was convicted of the indicted offense. In this appeal, the defendant challenges the sufficiency of the evidence. We affirm.

State of Tennessee v. James L. McCurry
E2001-01900-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge E. Eugene Eblen

The Appellant, James L. McCurry, was convicted by a Roane County jury of one count of premeditated first degree murder and was sentenced to life imprisonment. On appeal, McCurry raises two issues for our review: (1) Whether the evidence presented at trial was sufficient to support a conviction for premeditated first degree murder; and (2) whether the trial court erred by failing to exercise its role as the thirteenth juror. After review, we find no error and affirm the judgment of the trial court.

State of Tennessee v. Scotty DeWayne Robinson
E2001-02342-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge Mary Beth Leibowitz

The defendant, Scotty Dewayne Robinson, pled guilty to Class D felony theft pursuant to a plea agreement recommending the imposition of a three-year sentence to be served consecutively to a federal sentence. The trial court accepted the defendant's plea of guilty and imposed the recommended sentence. In this appeal, the defendant argues the trial court improperly sentenced him. We conclude the defendant has no appeal as of right of his sentence since it was a part of a plea agreement in which the defendant waived the right to appeal. Accordingly, the appeal is dismissed.

Lisa Gregory v. Bradley County Sheriff's Department
E2001-01393-WC-R3-CV
Authoring Judge: Howell N. Peoples, Special Judge
Trial Court Judge: Jerri Bryant, Chancellor
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel in accordance with Tenn. Code Ann. _ 5-6-225(e) for hearing and reporting of findings of fact and conclusions of law. The employee appeals the denial of worker's compensation benefits on the basis that the trial court used an incorrect standard of proof in evaluating the medical evidence. We affirm the judgment of the trial court. Tenn. Code Ann. _ 5-6-225(e) (1999) Appeal as of Right; Judgment of the Bradley County Chancery Court is Affirmed. HOWELL N. PEOPLES, SP. J., in which WILLIAM M. BARKER., JUSTICE, and JOHN K. BYERS, SR. J., joined. Bert Bates, Cleveland, Tennessee, for the Appellant, Lisa Gregory. William A. Lockett and Michael A. Kent, Cleary and Lockett, Chattanooga, Tennessee, for the Appellee, Bradley County Sheriff's Department. 1 MEMORANDUM OPINION Facts On December 5, 1999, Lisa Gregory was employed as a correctional officer by the Bradley County Sheriff's Department. She observed an inmate hanging inside a holding tank and ran into the cell to assist. She lifted the inmate and felt something pop in her left wrist. That evening she went to the emergency room and was advised to follow up with an orthopedic surgeon. She went to Dr. Robert Beasley who advised her to wear a wrist brace for two weeks. Ms. Gregory returned to Dr. Beasley on December 27, 1999 and she had improved considerably, and had just about returned to her baseline condition. She was returned to her regular work duties with some restrictions. She was asked to return in six weeks, but did not return until May 9, 2. Ms. Gregory acknowledged that she had returned to work in her same job when her condition seemed to worsen in May, 2. On May 9, 2, Dr. Beasley took x-rays that revealed that her condition had changed and that the lunate bone in her wrist was deteriorating, which Dr. Beasley believed was a result of the progression of her Kienbock's disease. Dr. Beasley had treated Ms. Gregory for a work-related injury on July 25, 1992 when she fell down some steps and landed on her left wrist. The fall caused Ms. Gregory to develop Kienbock's disease in which the blood supply to the lunate bone is lost. Dr. Beasley testified that this condition is progressive and, over time, causes the lunate bone to hurt, fragment and ultimately collapse. In January 1993, Dr. Beasley had performed an intercarpal fusion in order to transfer some of the load away from the lunate bone. He assigned a 2 percent impairment rating to the left arm for the 1992 injury and she was awarded a judgment for worker's compensation benefits for 3 percent disability to the left arm on December 13, 1994. 2

State of Tennessee v. Felicia Joann Cannon
M2001-01875-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge W. Charles Lee
After convictions for sale and delivery of a Schedule II controlled substance, the trial court sentenced defendant to nine years and ten months incarceration. Defendant appeals asserting she is entitled to Community Corrections Program. We disagree and affirm.

State of Tennessee v. Ronald Eugene Rickman and William Edward Groseclose
W1999-01744-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge James C. Beasley, Jr.

The appellants, Ronald Eugene Rickman and William Edward Groseclose, appeal their convictions by a jury in the Shelby County Criminal Court of, respectively, first degree murder and being an accessory before the fact to first degree murder. In this appeal, appellant Groseclose presents the following issues for our consideration: (1) whether the trial court erred in failing to sever his trial from that of co-defendant Rickman; (2) whether the trial court erred in admitting at trial the former testimony of Barton Wayne Mount; (3) whether the trial court erred in excluding testimony by Gary King; and (4) whether the evidence adduced at trial is sufficient to support the jury's verdict of guilt. Appellant Rickman solely challenges the introduction at trial of Mount's former testimony. Following a careful review of the record and the parties' briefs, we remand this case to the trial court for correction of the judgments to reflect the appellants' receipt of credit for time served in the Tennessee Department of Correction prior to trial. We affirm the judgments in all other respects

State of Tennessee v. James D. Newland
E2001-01055-CCA-R3-CD
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge Phyllis H. Miller

The defendant, James D. Newland, appeals from the Sullivan County Criminal Court's revoking his probation that was ordered for his guilty plea to rape. The defendant contends that the trial court abused its discretion in revoking his probation and sentencing him to confinement. We affirm the judgment of the trial court.

State of Tennessee v. Jerry Allen Ketchum
E2001-02008-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge R. Jerry Beck

The Defendant entered a plea of nolo contendere to attempted aggravated sexual battery. Pursuant to his plea agreement, the Defendant received a four-year sentence, with the manner of service of the sentence to be determined by the trial court. Following a sentencing hearing, the trial court ordered that the Defendant serve the four-year sentence in the Tennessee Department of Correction. The Defendant now appeals, arguing that he should have received some form of alternative sentencing. Concluding that the record supports the trial court's denial of alternative sentencing, we affirm the judgment of the trial court.

Roy Lane v. State of Tennessee
E2000-00310-CCA-R3-PC
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge Ben W. Hooper, II

This appeal by the petitioner, Roy Lane, involves both a delayed appeal from his first degree murder conviction and an appeal from the denial of post-conviction relief. In the delayed appeal, the petitioner contends that the Cocke County Circuit Court (1) improperly admitted evidence about the petitioner's prior bad acts and (2) gave erroneous jury instructions. In the post-conviction appeal, the petitioner claims that he received the ineffective assistance of trial counsel. As to the petitioner's delayed appeal, we conclude that the trial court did not err and affirm his conviction for first degree premeditated murder. As to his post-conviction petition, we affirm the trial court's finding that the petitioner received the effective assistance of counsel.

Tammie Rose Simons v. Findlay Industries, Inc.
M2000-02956-WC-R3-CV
Authoring Judge: Howell N. Peoples, Special Judge
Trial Court Judge: Charles D. Haston, Sr., Chancellor
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel in accordance with Tenn. Code Ann. _ 5-6-225(e) for hearing and reporting of findings of fact and conclusions of law. The employer appeals an award of permanent partial disability benefits on the basis that the employee suffered no permanent medical impairment. We affirm the judgment of the trial court. Tenn. Code Ann. _ 5-6-225(e) (1999) Appeal as of Right; Judgment of the Warren County Chancery Court is Affirmed. HOWELL N. PEOPLES, SP. J., in which ADOLPHO A. BIRCH, JR., JUSTICE, and WILLIAM H. INMAN, SR. J., joined. Patrick A. Ruth and K. Melissa Howard, Ruth, Howard, Tate & Sowell, Nashville, Tennessee, for the Appellant, Findlay Industries, Inc. Barry H. Medley, Farrar, Holliman & Medley, McMinnville, Tennessee, for the Appellee, Tammie Rose Simons 1 MEMORANDUM OPINION Facts On October 19, 1999, Tammy Rose Simons ("Ms. Simons") filed a Complaint seeking workers' compensation benefits for injuries to her shoulders, arms, hands and fingers of each hand caused by repetitive and/or frequent use or her shoulders, arms, hands and fingers arising out of and in the scope of her employment with Findlay Industries, Inc. ("Findlay"). Ms. Simons, age 41, completed the 12th grade and worked for Findlay for approximately 13 years. She has no special skills or special training and has never served in a supervisory capacity. Before 1996, she had no prior injury to, or problems with, her shoulders, wrists and hands. She reported to her supervisor that she was having problems with her hands and wrists. She was seen by a series of doctors, two of whom testified by deposition in this case. Dr. Robert Clendenin testified that he first saw Ms. Simons on June 1, 1999 with complaints of bilateral wrist and arm pain commencing around 1997. She reported that due to a low back injury, she was off work from November 1998 to March 1999 and her arm symptoms disappeared. Within a couple of days after she returned to work, she again developed pain over the dorsal aspect of both wrists with some radiation into the shoulders. Dr. Clendenin examined her and found no objective signs of injury. He concluded that she had tendonitis of the wrist extensor muscles, and recommended that she take prednisone and engage in a physical therapy program to reduce any inflammation in the tendons in her hands. He recommended to her employer that she be placed on light duty with no repetitive gripping or grasping, pushing or pulling over ten pounds. Dr. Clendenin saw her again on June 25, 1999, and her wrist examination was normal with good motion. He performed a nerve conduction test of the median nerve that was normal. He returned Ms. Simons to regular duty on June 27, 1999, but indicated she might need some type of rheumatologic treatment. Dr. Susan Jacobi, a rheumatologist, reported to Dr. Clendenin that Ms. Simons had episodic joint pain, which Dr. Jacobi concluded was tendonitis, and recommended Ms. Simons use Celebrex when she had flare-ups in pain. Dr. Clendenin last saw Ms. Simons on December 3, 1999 at which time she had no complaints of pain, tested normal in both wrists and had normal sensation. Dr. Clendenin testified that Ms. Simons should find a job that required less repetitive motion of her arms, but assessed her at a zero impairment rating based on the American Medical Association Guides to the Evaluation of Permanent Impairment. He testified that the AMA Guides provide that "a patient with wrist or hand pain or other symptoms may not have evidence of a permanent impairment. Alteration of the patient's daily activities or work-related tasks may reduce the symptoms. Such an individual should not be considered permanently impaired under the Guide's criteria." Dr. Clendenin testified that Ms. Simons was having no shoulder-related symptoms when he saw her, but his office notes introduced as exhibits at his deposition reflect that on June 1, 1999, she complained of pain in her back, hands, and shoulders. Ms. Simons was seen by Dr. Francisca Lytle, a board certified orthopedic surgeon on March 15, 2 for evaluation. Dr. Lytle diagnosed Ms. Simons as having recurring tenosynovitis in the wrists and hands based on history. She also found impingement testing on the shoulders to be positive and diagnosed impingement syndrome. She testified that the 2