Dale Wesley Bell v. State of Tennessee
W2001-02509-CCA-R3-PC
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge Jon Kerry Blackwood

The Appellant, Dale Wesley Bell, appeals from the dismissal of his petition for post-conviction relief. In 1999, Bell pled guilty to nine counts of aggravated burglary and one count of theft in excess of $10,000. Bell, a Range III Persistent Offender, received an effective fifteen-year sentence to be served in the Department of Correction. On appeal, Bell challenges the validity of his guilty plea upon grounds of: (1) voluntariness and (2) ineffective assistance of counsel. After review, we affirm the judgment of the McNairy County Circuit Court dismissing the petition.

State of Tennessee v. Arthur M. Mefford
E2001-00598-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge E. Shayne Sexton

Defendant appeals the trial court's denial of alternative sentencing. The record on appeal is insufficient in that there is no transcript of defendant's guilty plea hearing or other evidence to review. We, therefore, dismiss the appeal.

State of Tennessee v. Adrian Dee Clark
E2001-01302-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge Stephen M. Bevil

The Defendant, Adrian Dee Clark, pled guilty to one count of aggravated assault. After a sentencing hearing, the trial court sentenced the Defendant as a Range I standard offender to serve five (5) years in the Department of Correction. On appeal, the Defendant contends that the trial court erred by (1) sentencing him to five years and (2) denying him probation or alternative sentencing. We affirm the judgment of the trial court.

Aaron Burton v. State of Tennessee
E2001-02670-CCA-R3-PC
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge Douglas A. Meyer

The Defendant, Aaron Burton, pled guilty to second degree murder in 1997. He subsequently filed for post-conviction relief, alleging ineffective assistance of counsel. After a hearing, the Defendant's petition was denied, and this Court affirmed the trial court's judgment. See Aaron Burton v. State, No. E1999-01616-CCA-R3-CD (Tenn. Crim. App., Knoxville, March 31, 2000). The Defendant subsequently filed the instant proceeding, styled "Petition for Post-Conviction Relief and/or to Reopen." Finding that the Defendant failed to establish any grounds for reopening his previous petition, the trial court denied relief. The Defendant now appeals. We affirm the judgment of the trial court.

David Boles v. Kirt T. Lamb D/B/A, Lamb Oil Company
M2001-01037-WC-R3-CV
Authoring Judge: William H. Inman, Sr. J.
Trial Court Judge: John A. Turnbull, Judge
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann._ 5-6-225 (e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The plaintiff drove a gas transport truck for eight years before he fell from the tanker following an inspection of it. After an initial onslaught of pain he resumed his duties. The day following, the pain returned, which he attributed to kidney stones. Three months later, a diagnosis of mid- back and low-back disc problems was made. Causation was vigorously disputed, since the plaintiff had a long history of pre- accident problems. Recovery was allowed. We affirm.

State of Tennessee v. Jerry McGaha
E2001-01547-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge Ben W. Hooper, II

The Defendant, Jerry McGaha, pled guilty, pursuant to a plea agreement, to nine counts of rape of a child. After a sentencing hearing, the trial court sentenced the Defendant to twenty-five years for each count with counts one through seven running concurrently with each other and counts eight and nine running concurrently with each other. However, counts eight and nine were to be served consecutively to counts one through seven. On appeal the Defendant contends that the trial court erred in sentencing him to twenty-five (25) years on each count and in ordering counts eight and nine to be served consecutively to counts one through seven. We modify the sentences imposed by the trial court.

George B. Alder, Jr. v. Billy Jack Bible, et al.
M2001-00696-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Judge Jeffrey F. Stewart

The plaintiff sued adjoining landowners asking the court to establish the boundary line between the two properties. The Chancery Court of Marion County held that the line originally ran where the plaintiff claimed but that the plaintiff's claim was barred by laches and adverse possession. We affirm.

Keith U. Tate v. State of Tennessee
W1999-01798-CCA-R3-PC
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge Arthur T. Bennett

The petitioner, Keith U. Tate, was tried with his co-defendant/brother for aggravated rape. The petitioner was convicted of having committed aggravated sexual battery. The trial court sentenced him to serve seventeen years as a Range II offender. The petitioner filed a motion for new trial, which the trial court denied. The petitioner appealed the trial court's denial of his motion to this Court, and we affirmed the trial court's ruling. See State v. Keith U. Tate, No. 02C01-9406-CR-00132, 1997 Tenn. Crim. App. LEXIS 18, at *1 (Tenn. Crim. App. at Jackson, Jan. 19, 1997). Subsequently, the petitioner filed for post-conviction relief, alleging that he received ineffective assistance of counsel at both the trial and appellate levels. After conducting a hearing, the post-conviction court dismissed the petition, and the petitioner now brings this appeal challenging that dismissal. After reviewing the record, we find that the petitioner has failed to prove by clear and convincing evidence that he received ineffective assistance of counsel.

State of Tennessee v. Kathy Jane Giles
W2001-01468-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge Julian P. Guinn

The Appellant, Kathy Jane Giles, was convicted by a Henry County jury of DUI, unlawful possession of a weapon, possession of drug paraphernalia, and four counts of felony possession of a controlled substance with the intent to deliver or sell. For these convictions, Giles received an effective three-year Community Corrections sentence with one year to be served in confinement. On appeal, Giles raises the following issues for our review: (1) whether the evidence presented at trial was sufficient to support the convictions; and (2) whether she received ineffective assistance of counsel at trial. After review, we find no error and affirm the judgment.

State of Tennessee v. Randy G. McDaniel
W2001-01501-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Julian P. Guinn

The defendant entered pleas of guilty to two counts of manufacturing a Schedule II controlled substance and was sentenced to concurrent three-year sentences. The trial court further ordered that the defendant have split confinement, with supervised probation after serving one year in the Tennessee Department of Correction. The defendant appeals this sentence, arguing that he should be eligible for parole after service of 30% of the sentence, that his sentence should be served at the county workhouse, and that he should receive sentence credits. We affirm the judgment of the trial court.

State of Tennessee v. Rodney K. Moore
W2001-01664-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge Chris B. Craft

The Appellant, Rodney K. Moore, was convicted by a Shelby County jury of sale of cocaine less than .5 grams, a class C felony. Moore was sentenced as a Range II offender, to ten years in the Department of Correction. He now appeals his conviction and sentence, raising the following issues for our review: (1) whether there was sufficient evidence presented at trial to support the conviction; (2) whether there was cumulative error sufficient to justify a new trial; and (3) whether the trial court erred by sentencing Moore to serve the maximum sentence within his range. After review, we find no error and affirm the judgment.

State of Tennessee v. Earl Stanley Williams
E2001-01675-CCA-R3-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Judge James B. Scott, Jr.
The state appeals from the Anderson County Criminal Court's dismissal of its petition alleging Earl Stanley Williams to be a motor vehicle habitual offender. Because we hold that the lower court improperly dismissed the petition, we reverse the dismissal, reinstate the petition, and remand for further proceedings.

State of Tennessee v. Nathan Scott Potter
E2001-01760-CCA-R3-CD
Authoring Judge: Presiding Judge Gary R Wade
Trial Court Judge: Judge Phyllis H. Miller
The defendant, Nathan Scott Potter, was convicted as a habitual offender under the Motor Vehicle Habitual Offenders Act. See Tenn. Code Ann. §§ 55-10-601 to 618. In this appeal of right, the defendant argues that the petition should have been dismissed for failure to comply with the Tennessee Rules of Civil Procedure. The judgment is affirmed.

Helen L. Sizemore v. Quebecor Printing, Inc.
E2000-02624-WC-R3-CV
Authoring Judge: Thayer, Sp. J.
Trial Court Judge: Ben K. Wexler, Circuit Judge
The trial court awarded the employee 39 percent permanent partial disability to the body as a whole. The employer appealed insisting the employee's condition was not work-related. Judgment of the trial court is affirmed.

Robertson County Board of Education v. Karen Knight
M2001-00516-WC-R3-CV
Authoring Judge: Howell N. Peoples, Special Judge
Trial Court Judge: John Gasaway, III, Circuit Judge
The employer appeals an award of 5 percent disability to the body as a whole as excessive, and an award of past and future chiropractic expenses as unauthorized. We modify the judgment below to award 4 percent disability to the body as a whole.

Sandra K. Houston v. Virty Houston
W2002-02022-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Joe C. Morris

State of Tennessee v. Johnny E. Garrett
M2001-00540-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge Leon C. Burns, Jr.

An Overton County jury convicted the defendant of possession of cocaine for resale, simple possession of marijuana, and possession of drug paraphernalia. In this appeal, he contends the search warrant was improperly issued, and the trial court erred by not ordering the state to disclose the identity of the confidential informant. For the reasons set forth below, we affirm the judgment of the trial court.

State of Tennessee v. Christopher D. Neighbors
M2000-02594-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge J. Randall Wyatt, Jr.

The appellant, Christopher D. Neighbours, was convicted by a jury of one count of first degree murder committed in the perpetration of a felony, namely kidnapping, and one count of especially aggravated kidnapping. The appellant received a total effective sentence of life plus twenty-five years incarceration in the Tennessee Department of Correction. On appeal, the appellant challenges the sufficiency of the evidence supporting his convictions of both offenses. Upon review of the record and the parties' briefs, we affirm the judgments of the trial court.

State of Tennessee v. Kendrick Jermaine Merritt
M2000-02363-CCA-R3-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Judge J. Randall Wyatt, Jr.

Kendrick Jermaine Merritt appeals from his Davidson County conviction of second degree murder for the killing of Julia Lynn Baskette. He claims on appeal that the evidence at trial supports a guilty verdict of no offense greater than voluntary manslaughter and that the trial court excessively sentenced him to a maximum, 25-year term of incarceration. Because we disagree in both respects, we affirm.

State of Tennessee v. Archie Junior Weatherford
M2001-02138-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge Jane W. Wheatcraft

Defendant, Archie Junior Weatherford, appeals the Sumner County Criminal Court's revocation of his probationary sentence. Following a review of the record, we affirm the judgment of the trial court.

State of Tennessee v. Randall White - Order
M2000-01492-CCA-R3-CD
Authoring Judge: Judge Jerry L. Smith
Following a dispute over rent the appellant shot his unarmed roommate with a .22 caliber rifle. As a result of this act the appellant was indicted for attempted first degree murder. At the appellant's trial, the judge instructed the jury on attempted first degree murder, attempted second degree murder and attempted voluntary manslaughter. The jury returned a verdict of guilty for attempted second degree murder. The appellant was sentenced to serve ten years in incarceration as a standard Range I offender.

Danny Alvis vs. Manfred Steinhagen
W2001-00940-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Kay S. Robilio
This appeal arises from a claim filed by the Appellee against the Appellant in the General Sessions Court of Shelby County. The claim alleged that the Appellee was entitled to rescission, reformation, and/or damages proximately caused by the Appellant's breach of contract, breach of warranty, fraud, misrepresentations, violations of the Tennessee Consumer Protection Act, and/or unjust enrichment. Following a trial, the general sessions court rendered a verdict in favor of the Appellee. The Appellant appealed the decision to the Circuit Court of Shelby County. Following a trial in the circuit court, the circuit court rendered a verdict in favor of the Appellee and ordered the Appellant to pay discretionary costs.

State of Tennessee v. William Garrett
W2001-00963-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge Chris B. Craft

The appellant was convicted by a jury in the Shelby County Criminal Court of aggravated assault.  The trial court imposed a sentence of thirteen years incarceration in the Tennessee Department of Correction. On appeal, the appellant contends that the evidence is not sufficient to support his conviction. After review of the record and the parties’ briefs, we affirm the judgment of the trial court.

State of Tennessee v. Dennis V. Morgan
W2001-00125-CCA-R3-CD
Authoring Judge: Presiding Judge Gary R Wade
Trial Court Judge: Judge John P. Colton, Jr.
The defendant, Dennis V. Morgan, was convicted of second degree murder. The trial court imposed a Range I sentence of seventeen years. In this appeal of right, the defendant asserts that the trial court erred in its instruction on self-defense. The judgment of the trial court is reversed and the cause is remanded for a new trial.

State of Tennessee v. Dennis Morgan - Dissenting
W2001-00125-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge John P. Colton, Jr.
I am unable to join with the majority’s holding that the jury instructions as submitted “deprived the defendant of right to present a defense.” First, I find the defendant to be the beneficiary of a gratuitous self-defense instruction based upon the proof introduced at trial. Not every cry of fear from a defendant justifies an instruction on self-defense. The test for determining whether the defense should be instructed is an objective one, not subjective. State v. Bult, 989 S.W.2d 730, 732 (Tenn. Crim. App. 1998). Nonetheless, even assuming the instruction was warranted, I find that the error did not infringe upon the defendant’s constitutional right to present a defense, as the majority finds, because the trial court submitted to the jury a self-defense instruction. The question, I believe, is whether omission of the single word “attempted” from the self-defense instruction, when viewed within the entire context of the instruction, was confusing,misleading, or prejudicial. State v. Hodges, 944 S.W.2d 346, 351-52 (Tenn. 1997); State v. Bonam, 7 S.W.3d 87, 89-90 (Tenn. Crim. App. 1999). Because I find that the error did not affect the result of the trial on its merits, I find the error harmless. See Tenn. R. Crim. P. 52(a).