Cory Staples vs. William Clifton
E2001-01385-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: W. Neil Thomas, III
Trial Court entered Judgment for plaintiff on malicious prosecution claim. On appeal, plaintiff seeks an additur. Defendant also appeals, arguing there is no evidence to establish the cause of action and damages were not established. We affirm.

Deborah Keller vs. Donald Keller
E2001-01399-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: John B. Hagler, Jr.
Appellant held in contempt by Trial Judge was ordered not to have any guns whatsoever around the parties' minor child. We affirm.

Donna Bunker vs. Roger Finks
E2001-01496-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: L. Marie Williams
Donna J. (Finks) Bunker ("Mother") and Roger Finks ("Father") were divorced in Ohio in 1993. The parties had two minor children. Mother and the children relocated to Chattanooga, Tennessee, and Father stayed in Ohio. The Ohio Divorce Decree was brought properly before the Tennessee Trial Court. Father filed a petition seeking a change of custody and visitation, while Mother filed a cross-petition seeking an increase in child support. The Trial Court found that while Father proved a material change in circumstances, he failed to carry his burden of showing that a change of custody was warranted. The Trial Court also restricted Father's visitation with the children to take place only in Chattanooga. The Trial Court did not increase Father's child support obligation. Both Father and Mother raise issues on appeal. Father's issues on appeal concern custody and visitation, primarily of the parties' younger child ("Younger Child"). We affirm, as modified, and remand.

William Lindgren & Melanie Lindgren vs. City of Johnson City
E2001-01676-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: Jean A. Stanley
Plaintiff was injured by falling on defendant's sewer covering. The Trial Court found for plaintiff and awarded damages against City. On appeal, we affirm finding of liability, but vacate award of damages and remand with instructions to determine the total amount of damages, find percentage of fault, and then enter judgment in accordance with the Governmental Tort Liability Act. We Affirm in Part, Vacate in Part and Remand.

Hutter vs. Bray, Cohen, Kressin, Hash, Norton, Luhn
E2001-02408-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: James B. Scott, Jr.
In plaintiff's action for conspiracy, fraud and malicious harassment, the Trial Court dismissed the action for failure to state a claim for which relief could be granted. We affirm.

Watson's Carpet and Floor Coverings, Inc. vs. Rick McCormick, et al
M2000-03101-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: Houston M. Goddard

David O'Connell v. Metro Government of Nashville/Davidson County
M2001-00491-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Walter C. Kurtz
The plaintiff in this inverse condemnation action alleged that the State took two parcels of land that belonged to him for a road-widening project, paying compensation to the wrong parties. The trial court referred the question of ownership of the disputed parcels to a special master, who determined that the plaintiff was not entitled to compensation for one of the parcels because title had passed to another party by adverse possession. The trial court affirmed the findings of the special master. We affirm the trial court.

In The Matter of the Estate of Nellie Ellis, Charles W. Moore. v. Clyde Green
M2000-01516-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Frank G. Clement, Jr.
This case involves the interpretation of a remainder interest granted in a will. The decedent's husband bequeathed to the decedent a life estate in stock in a family-owned business, with the remainder to go 50% to his "living heirs" and 50% to "some deserving person in the music department at Belmont College." After her husband's death, the decedent purchased the remainder interest in the stock from all of the remaindermen. By virtue of this purchase, the decedent presumed that she owned the stock outright. At her death, her will included a bequest of the stock. Her heirs brought this declaratory judgment action, seeking a declaration that the decedent did not own the stock at her death. They argued that the decedent's purchase of the remainder interest in the stock was invalid because the remaindermen did not own a vested interest in the stock at the time of the husband's death. The trial court found that the case was barred by the statute of limitations and that the decedent had, in fact, acquired 100% ownership in the stock. The heirs now appeal. We affirm, finding that the remaindermen in the husband's will acquired a vested, transmissible remainder interest in the stock at the husband's death.

Deborah R. Smith and Alan Smith vs. Taco Bell Corporation
E2001-01796-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: Wheeler A. Rosenbalm
The trial court awarded Deborah Smith ("Plaintiff") $250,000 for injuries received as a result of her fall at Taco Bell. Plaintiff's husband was awarded $10,000 for his loss of consortium claim. On appeal, Taco Bell Corporation ("Defendant") contends the trial court committed reversible error by failing to rule at trial on Defendant's objections made during the depositions of the two primary treating physicians. Defendant also claims the medical proof was insufficient to establish a causal connection between Plaintiff's fall at Taco Bell and her medical condition. We affirm.

E2001-02086-COA-R3-CV
E2001-02086-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Thomas R. Frierson, II

Ronald Meredith vs. James Stair
E2001-02852-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: James B. Scott, Jr.
In this suit seeking damages for breach of contract, Ronald C. Meredith, Jr., and Clinton Broadcasters, Inc., were granted a judgment against James F. Stair in the amount of $84,326. Mr. Stair appeals. His single issue insists that the Trial Court was in error in finding a breach of contract. We disagree and affirm.

Randy Arnwine v. Union County Board of Education,
E2001-02719-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Billy Joe White

State of Tennessee v. Albert Yarbrough
W2001-01150-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Bernie Weinman

The defendant was convicted by a Shelby County Criminal Court jury of rape, a Class B felony, and sentenced by the trial court to fourteen years, at 100% as a violent offender, in the Tennessee Department of Correction. The sole issue he presents on appeal is whether the evidence was sufficient to support his conviction. Based upon our review of the record, we conclude that the evidence was sufficient for a rational trier of fact to find him guilty of the offense beyond a reasonable doubt. Accordingly, the judgment of the trial court is affirmed.

State of Tennessee v. Gregory Ozier
W2001-02714-CCA-R3-CD
Authoring Judge: Presiding Judge Gary R Wade
Trial Court Judge: Judge Jon Kerry Blackwood

The defendant, Gregory Ozier, an inmate at the Whiteville Correctional Facility, appeals an order transferring his custody to Illinois to face a charge of first degree murder in the Criminal Division of the Circuit Court of Cook County. Because the trial court properly granted the petition by the State of Illinois for custody of the defendant, the judgment is affirmed.

State of Tennessee v. Mickey G. White
W2001-02429-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Jon Kerry Blackwood

Following a jury trial, the defendant was convicted of aggravated burglary and sentenced as a Range II, multiple offender to nine years in the Tennessee Department of Correction. He timely appealed, arguing that the evidence presented was insufficient and that the trial court erred in instructing the jury as to criminal trespass as a lesser-included offense of aggravated burglary. Based upon our review, we affirm the judgment of the trial court.

State of Tennessee v. Kenneth Anthony Henderson
M1999-00547-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge Seth W. Norman

The Defendant, Kenneth Anthony Henderson, was convicted by a jury of second degree murder, attempted second degree murder, and aggravated assault. The trial court merged the attempted second degree murder and the aggravated assault convictions. The Defendant was sentenced to twenty-three years for the murder, and to eleven years for the attempted murder, with the terms to run consecutively. In this direct appeal the Defendant raises two issues: whether the evidence in support of his murder conviction is sufficient, and whether the trial court erred in failing to instruct the jury on certain lesser-included offenses. Finding that the trial court committed reversible error in failing to charge certain lesser-included offenses, we reverse the Defendant's convictions and remand this matter for a new trial.

State of Tennessee v. Steven Kelly Mezo
M2000-02760-CCA-R3-CD
Authoring Judge: Presiding Judge Gary R Wade
Trial Court Judge: Judge Jane W. Wheatcraft

The defendant, Steven Kelly Mezo, who was charged with two counts of the aggravated sexual battery of his daughter, A.M., was convicted of one count of aggravated sexual battery and one count of assault. The trial court ordered concurrent sentences of eight years and 11 months and 29 days, respectively. In this appeal of right, the defendant asserts that (1) he was denied his constitutional right of assistance of counsel of his choosing; (2) he was denied the effective assistance of counsel with regard to a pre-trial settlement offer; (3) the evidence was insufficient; and (4) the trial court erred by admitting hearsay statements.

State of Tennessee v. John Charles Johnson
M2001-01567-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge J. Randall Wyatt, Jr.

Defendant, John Charles Johnson, was convicted by a Davidson County jury of second degree murder, especially aggravated robbery, and facilitation of aggravated kidnapping. The trial court sentenced him to consecutive sentences of twenty-five years for second degree murder and five years for facilitation of aggravated kidnapping, to be served concurrently with a twenty year sentence for especially aggravated robbery. On appeal, our Court affirmed the conviction and the lengths of each sentence, but reversed the order of consecutive sentencing and remanded to the trial court for a new hearing solely on the issue of consecutive or concurrent sentencing. See State v. John Charles Johnson, No. M2000-00529-CCA-R3-CD, 2000 WL 208512, Davidson County (Tenn. Crim. App., Nashville, March 1, 2001) perm to appeal denied (Tenn. 2001). On remand, the trial court resentenced Defendant to consecutive sentences of twenty five years for second degree murder and five years for facilitation of aggravated kidnapping. In this appeal, Defendant argues that the trial court erred by again ordering the sentences to be served consecutively. After a thorough review of the record, we affirm the judgment of the trial court.

Antione Harbison v. State of Tennessee
M2001-00887-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Walter C. Kurtz

The petitioner, Antione Harbison, appeals the denial of post-conviction relief from the Davidson County Criminal Court. The petitioner pled guilty on August 13, 1999, to aggravated rape and attempted first degree murder. For the aggravated rape charge, the petitioner waived his sentence range, and the court sentenced him as a violent offender to thirty years with 100% of the sentence to be served. For the attempted first degree murder charge, the court sentenced the petitioner as a Range 1, standard offender and imposed a concurrent fifteen-year sentence. The petitioner appeals his denial of post-conviction relief, claiming that (1) his "defense counsel at the time of the plea was ineffective in failing to investigate [petitioner's] mental health and his ability to understand the nature of the charges against him, the guilty plea he entered, and the sentence he was to serve" and (2) the post-conviction court "erred in the post-conviction proceeding by denying [petitioner] an ex parte mental evaluation of the [petitioner's] competency by a private expert."

State of Tennessee v. Desi Boyd
W2001-01020-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Joseph B. Dailey

Defendant pled guilty to two counts of unlawful possession of a Schedule VI controlled substance with intent to sell and deliver. On appeal, defendant contends that the trial court abused its discretion when it imposed a sentence of incarceration. Defendant also appeals the admission of certain hearsay evidence. We conclude there was no error and thus, affirm the judgment of the trial court.

Antwone Terry v. State of Tennessee
W2001-00177-CCA-R3-CD
Authoring Judge: Presiding Judge Gary R. Wade
Trial Court Judge: Judge R. Lee Moore Jr.

The petitioner, Antwone Terry, appeals the denial of his petition for post-conviction relief. In this appeal, the petitioner contends (1) that he did not receive the effective assistance of counsel and (2) that the state engaged in prosecutorial misconduct. The judgment of the trial court is affirmed.

Estella Akins vs. Dwaine Peters
E2001-02739-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: Lawrence H. Puckett
Estella Akins ("Plaintiff") sued Dwaine Peters and Carolyn Peters ("Defendants") for the wrongful death of her husband, Leon Akins ("Decedent"). At the time of his death, Decedent was feeding hay to Defendants' cattle using Defendants' tractor. One of the tractor's rear tires rolled onto the Decedent, killing him. The Trial Court granted Defendants' motion for directed verdict at the close of Plaintiff's proof. Plaintiff appeals. We affirm.

State of Tennessee v. James Lee Parton
E2001-00835-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge Richard R. Vance

Defendant pled guilty to one count of aggravated vehicular homicide, a Class A felony, and two counts of vehicular assault, a Class D felony. Defendant was ordered to serve consecutive sentences of twenty-four years for aggravated vehicular homicide, and three years for each count of vehicular assault, for an effective sentence of thirty years. Defendant challenges his sentence, raising the following three issues on appeal: (1) whether the trial court erred by refusing to allow mitigation for Defendant's severe, debilitating alcoholism; (2) whether the trial court erred by imposing the near-maximum sentence on each conviction; and (3) whether the trial court erred by ordering all three sentences to be served consecutively. After a thorough review of the record, we affirm the judgment of the trial court.

State of Tennessee v. Faron Douglas Pierce
E2001-00437-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Ray L. Jenkins

Defendant appeals his conviction for robbery. Defendant contends that (1) the evidence was insufficient to support the conviction and (2) that the trial court erred in admitting testimony regarding prior inconsistent statements. We affirm the trial court judgment.

State of Tennessee v. Alfred Freddie Wilcox
E2001-00602-CCA-R3-CD
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge Robert E. Cupp
The state appeals from the Washington County Criminal Court's granting of the defendant's motion to suppress evidence that was obtained pursuant to a traffic stop. The state contends that contrary to the trial court's finding, the arresting officer had reasonable suspicion to justify stopping the defendant. We agree and reverse the trial court's ruling.