David Travis Bennett v. Pamela Jean Bennett
M2000-02448-COA-R3-CV
Authoring Judge: Judge D. Michael Swiney
Trial Court Judge: Judge J. Curtis Smith

The parties were divorced in 1995. The Final Decree awarded joint custody of their minor child. Pamela Jean Bennett ("Mother") was awarded primary physical custody, while David Travis Bennett ("Father") was awarded visitation. Thereafter, the Trial Court held three hearings upon the parties' petitions regarding several issues. Father appeals two of the three orders that the Trial Court entered, and his issues on appeal involve the following: the Trial Court's refusal, at the second hearing, to allow proof regarding issues previously reserved by the Trial Court at the first hearing; the Trial Court's refusal to allow Father to fire his attorney during the second hearing; the Trial Court's increase of Father's child support obligation; the Trial Court's refusal to modify child custody; the Trial Court's finding Father in contempt for failure to pay child support; and the Trial Court's refusal to find Mother in contempt for her alleged failure to comply with the visitation schedule. We affirm.

Amy Jo Stone, et al., v. Regions Bank
M2001-00856-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Judge W. Charles Lee

This is a dispute over life insurance proceeds. Plaintiffs' mother was indebted to defendant-bank and entered into a contract with the bank and the plaintiffs to secure past and future indebtedness by assignment of a life insurance policy on her life. The policy was duly assigned pursuant to the contract with the bank. Subsequently, plaintiffs' mother filed a bankruptcy proceeding, and her liability to the bank on her indebtedness was discharged, but the insurance policy was not affected. The bank continued paying the annual premiums on the policy, and several years after the bankruptcy proceeding, the plaintiffs' mother died. The insurance company, by virtue of the assignment of the policy, paid the insurance proceeds to the bank which then satisfied its indebtedness and paid the balance of the proceeds to the plaintiffs pursuant to the contract. Plaintiffs sue to recover the full amount of the insurance proceeds, contending that there was no existing indebtedness as specified in the contract. The trial court entered judgment for bank, and plaintiffs have appealed. We affirm.

State of Tennessee v. Joel M. Puentes
M2001-01115-CCA-R3-CD
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge J. Randall Wyatt, Jr.

The defendant, Joel M. Puentes, appeals his conviction by a jury in the Davidson County Criminal Court for facilitating second degree murder, a Class B felony, for which he received a nine-year sentence. He contends that (1) the indictment is deficient in its allegations regarding homicide, (2) the proof is insufficient to convict him, and (3) the trial court should have instructed the jury regarding accessory after the fact as a lesser included offense to homicide. We conclude that no error exists and that the evidence is sufficient. We affirm the judgment of the trial court.

State of Tennessee v. Earl Dewayne Cole
W2000-02029-CCA-R3-CD
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge Roy B. Morgan, Jr.

The appellant, Earl Dewayne Cole, was convicted by a Madison County jury of the offense of aggravated assault with a deadly weapon. He was sentenced as a Range II offender to a term of seven (7) years incarceration in the Tennessee Department of Correction. In this appeal the appellant claims the trial judge failed to adequately respond to a jury question regarding the need for unanimity in their verdict, that the written jury instructions showed the victim's name and weapon only under the main charge, and that the trial judge should have considered a lesser offense at sentencing. We find that all of these alleged errors have been waived by the failure of the appellant to enter a contemporaneous objection to them, by the failure to raise these issues in the motion for a new trial, and by the failure of the appellant on appeal to cite to any relevant authority supporting his arguments. Moreover, we find that none of these alleged errors constitute plain error. We therefore affirm the judgment of the trial court.

Michael W. Smith v. James Dukes, Warden
W2001-01535-CCA-R3-PC
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge Joseph H. Walker, III

Petitioner, Michael W. Smith, filed a "Petition for Writ of Habeas Corpus" in the Circuit Court of Lauderdale County. He alleged that his conviction for escape in the Circuit Court of Hardeman County was invalid because of an illegal and void sentence. Petitioner did not attach to his petition the Hardeman County judgment or any other portion of that record. He also alleged that the sentence had been served, that he was illegally sentenced as a Range II offender because he had no prior felony convictions, and that no enhancement factors could properly be applied to a Range I sentence. The trial court summarily dismissed the petition and assessed trial court costs against Petitioner, who now appeals both the summary dismissal of his petition and the assessment of costs against him. We affirm the dismissal of the petition for writ of habeas corpus, but reverse that portion of the order taxing costs to Petitioner.

State of Tennessee v. Christopher D. Lanier
W2001-00379-CCA-R3-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Judge Arthur T. Bennett

The defendant, Christopher D. Lanier, was convicted by a Shelby County jury of possession of one-half gram or more of cocaine with intent to deliver, and the trial court sentenced him as a Range I offender to incarceration for nine years in the Department of Correction. On appeal, he challenges the sufficiency of the convicting evidence and the trial court's decision to not require a police officer who testified for the state to reveal the identity of a confidential informant. Finding no error warranting reversal, we affirm.

State of Tennessee v. Melvin E. Beard
M2000-02207-CCA-R3-CD
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge Timothy L. Easter

After being indicted for aggravated perjury, the defendant, Melvin E. Beard, filed a motion for a bill of particulars. In response, the state filed two bills of particulars, one on January 22, 1999 and one on August 5, 1999. At the conclusion of a jury trial, which was held on March 8-9, 2000, the jury convicted the defendant of aggravated perjury. The trial court sentenced the defendant as a Range II multiple offender to serve five years in confinement. The defendant now brings this appeal challenging his conviction and sentence on several grounds. Following a thorough review, we find none of the issues raised warrant relief and we therefore affirm the conviction and sentence.

Michael Lane v. Olsten Staffing Services, Inc.,
E2001-00380-WC-R3-CV
Authoring Judge: Thayer, Sp. J.
Trial Court Judge: Thomas J. Seeley, Jr., Chancellor
The trial court found the employee sustained a compensable injury but concluded there was no permanent disability. Also, the court declined to allow certain medical expenses ordered by an independent medical examiner. Judgment of the trial court is affirmed.

State of Tennessee v. Jimmy M. Millican
M2000-02298-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge J. Randall Wyatt, Jr.

A Davidson County jury convicted the defendant of aggravated vehicular homicide and driving on a revoked license. He was sentenced to 25 years for aggravated vehicular homicide and a concurrent six months for driving on a revoked license. The defendant contends in this appeal that (1) the evidence was not sufficient to support his convictions; (2) a facially invalid judgment for a prior DUI conviction was used to enhance his conviction to aggravated vehicular homicide; and (3) his sentence is excessive. We affirm the judgment of the trial court.

Melvin Peacock v. State of Tennessee
M2001-00831-CCA-R3-PC
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Judge J. Randall Wyatt, Jr.

Through his 2000 post-conviction petition, Melvin Peacock seeks to avoid his 1996 Davidson County jury convictions of possession of cocaine for resale and felony possession of a weapon, for which he received an effective sentence of 20 years. After appointing post-conviction counsel and holding an evidentiary hearing on the petitioner's single issue of whether he received ineffective assistance of trial counsel, the lower court denied post-conviction relief. Because the record supports the court's decision, we affirm.

Stanley Green v. Nashville and Davidson County
M2001-01561-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Ellen Hobbs Lyle
A man arrested for statutory rape sought a writ of mandamus to compel the Metro Nashville Police Department to furnish him with copies of records relating to his arrest. Metro filed a motion to dismiss, arguing that records pertaining to sexual offenses against minors are confidential, and may not be disclosed. The trial court denied the motion to dismiss, and ordered the production of the requested records. We affirm the ruling of the trial court, but modify it to require that all records furnished to the petitioner be redacted to protect the victim's identity.

State of Tennessee v. Charles Randall Elrod
M2001-01125-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge Robert W. Wedemeyer

The defendant was convicted at a bench trial of three counts of aggravated assault and received an effective sentence of ten years. In this appeal, the defendant contends (1) the evidence was insufficient to sustain the convictions; (2) he was denied the right to testify; and (3) the sentence was excessive. After a thorough review of the record, we affirm.

State of Tennessee v. Clifford Coleman, Sr.
M2000-01916-CCA-R3-CD
Authoring Judge: Presiding Judge Gary R Wade
Trial Court Judge: Judge Robert L. Jones

The defendant, Clifford Coleman, Sr., was convicted of first degree murder and sentenced to life in prison. In this appeal of right, the defendant argues as follows: (1) The evidence was insufficient to support his conviction for first degree murder; (2) the trial court erred by denying his requested jury instruction on deliberation; (3) the trial court erred by failing to instruct the jury on the lesser included offenses of reckless homicide and criminally negligent homicide; (4) the trial court erred by failing to grant a mistrial after dismissing a juror; and (5) the trial court erred by failing to grant a mistrial after a witness was allowed to testify in violation of the rule of sequestration. The judgment of the trial court is affirmed.

Jason Goulet vs. Jennifer Heede
E2000-02535-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Norma Mcgee Ogle
This appeal concerns a divorce action in which the court classified a home purchased by Wife during the marriage as her separate property and a second mortgage taken out by Husband on the couple's marital home as his separate debt. Husband appeals both of these decisions and also questions the trial court's decision to find Wife's testimony credible, since she had previously given testimony in another matter that was inconsistent with her testimony at the divorce hearing. We determine that the trial court should be affirmed on all issues presented.

Michael M. Taylor v. State of Tennessee
M2000-03205-CCA-R3-PC
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Judge J. Randall Wyatt, Jr.

The petitioner, Michael M. Taylor, has filed a petition for post-conviction relief to challenge his 1997 second degree murder conviction imposed after a jury trial in the Davidson County Criminal Court. The petition alleges the ineffective assistance of trial counsel and two trial court errors. After the appointment of counsel and counsel's amendment of the post-conviction petition, the post-conviction court conducted an evidentiary hearing. Subsequently, the post-conviction court made findings of fact and on November 13, 2000 entered an order denying post-conviction relief. The petitioner filed a notice of appeal on February 23, 2001. Because the notice of the appeal was untimely and because the record contains no for basis for excusing the untimely filing of notice of appeal, we dismiss the appeal.

Calsonic Yorozu Corp., Inc. vs. Forklifts Unlimited, LLC
M2000-02647-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Charles D. Haston, Sr.
Calsonic Yorozu Corporation, Inc., appellee, sought declaratory judgment relieving it of its duties under contract to Forklifts Unlimited, L.L.C., appellant. Appellee filed a motion for summary judgment, which the trial court granted. Because we think the defendant was denied a reasonable opportunity for discovery we reverse the summary judgment granted by the trial court.

State, ex rel Tewanna Stewart vs. Gary Lockett
M2001-00809-COA-R3-JV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Betty Adams Green
The juvenile court ordered the father of a minor child to pay retroactive child support for the first ten years after the child's birth. Because the court did not want to create a windfall for the mother, it ordered that only part of the retroactive support be paid to her, and that the remainder be placed in an educational trust fund for the child's benefit. The State argues on appeal that under the facts of this case, the creation of an educational trust fund is not authorized by the child support statutes and guidelines. We affirm the award of retroactive child support, but we reverse its allocation between the mother and the child.

State of Tennessee v. Dedonnas R. Thomas
W2000-01465-CCA-R3-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Judge Joseph B. Dailey

The defendant was tried by jury in the Shelby County Criminal Court on two counts of felony possession of marijuana arising from a single episode. The jury acquitted the defendant of possession of marijuana with intent to sell but convicted him of possession with intent to deliver. The trial court ordered a two-year workhouse sentence. On appeal, the defendant questions the sufficiency of the evidence, and he complains that erroneous evidentiary rulings, inadequate jury instructions, and prosecutorial misconduct during closing arguments require a new trial. Based upon our review, we affirm the conviction.

Jose D. Holmes v. State of Tennessee
W2000-02600-CCA-R3-PC
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge Bernie Weinman

The petitioner, Jose D. Holmes, appeals the denial of post-conviction relief by the Criminal Court of Shelby County from his conviction of especially aggravated robbery. In this appeal, the petitioner claims that he received ineffective assistance of counsel. Following a review of the record and the parties' briefs, we affirm the judgment of the post-conviction court.

State of Tennessee v. Larry Halliburton
W2001-00755-CCA-R3-CO
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Donald H. Allen

A claim that a guilty plea was not knowingly and voluntarily entered because of coercion is not cognizable in a habeas corpus proceeding. We affirm the trial court's denial of the writ.

James Ferguson v. Kelly Lee Ferguson
M2001-01836-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Stella L. Hargrove
Appellant, an inmate of the Tennessee Department of Correction currently confined at South Central Correctional Center in Clifton, Wayne County, Tennessee, appeals the dismissal by the trial court of his divorce complaint. His wife is a resident of Bristol, Virginia, and the parties separated in Cheatham County, Tennessee in 1987. The trial court dismissed the case for lack of venue. We affirm with a suggestion that the case be transferred to a court having divorce jurisdiction in Cheatham County, Tennessee, or such a court in the county where Appellant resided at the time he was first incarcerated in the Department of Corrections.

State of Tennessee v. Keena D. Mathes
E2001-00753-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Robert E. Cupp

The defendant was convicted by a jury of reckless aggravated assault, a Class D felony, for cutting the victim's face with a razor blade. The trial court granted her judicial diversion, sentencing her as a Range I, standard offender to two years incarceration, but suspending the sentence and placing her on three years of probation under the supervision of the Department of Correction, including among the conditions that she pay restitution for the victim's medical bills and lost wages. Following extensive testimony as to the defendant's limited financial resources, the trial court ordered as a condition of probation that she legitimate her nine-month-old daughter to ensure that she could meet her financial obligations, including payment of restitution to the victim. In a timely appeal to this court, the defendant raises the sole issue of whether the trial court erred by requiring her to legitimate the younger of her two illegitimate children and seek child support payments for that child. We conclude that the legitimation requirement is a valid condition of probation. However, since a judgment of conviction, although not to be entered following judicial diversion, was entered in this matter, we remand for withdrawal of the judgment, the trial court to then clarify whether the defendant is to be sentenced with the sentence suspended or to be granted judicial diversion.

State of Tennessee v. Connie Lee Arnold
E2001-00618-CCA-R3-CD
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge Lynn W. Brown

The defendant, Connie Lee Arnold, appeals from the Carter County Criminal Court's denial of his motion for return of property by the state in its prosecution of him and for return of property and files in the possession of his former trial attorney. The trial court concluded that it had no jurisdiction to rule in the matter. The state agrees with the defendant that the trial court has jurisdiction to act on the motion relative to evidence used in the case and otherwise seized and possessed by the state, but it asserts that property and files possessed by the defendant's former attorney should be addressed by the Board of Professional Responsibility or a civil court. Although we hold that the trial court had jurisdiction relative to evidence presented in the case, we affirm the trial court.

Donald Blair, Jr. v. State of Tennessee
E2001-00947-CCA-R3-PC
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Ray L. Jenkins

Petitioner failed to prove by clear and convincing evidence that he was denied effective assistance of counsel. We affirm the trial court's denial of petitioner's petition for post-conviction relief.

State of Tennessee v. Harold Leonard White
E2000-01888-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Richard R. Baumgartner

The Defendant was arrested in September 1996 for aggravated assault, being a felon in possession of a firearm, and fleeing. His case was not set for trial until July 2000. The Defendant moved for dismissal of the charges on the ground that he had been denied his constitutional right to a speedy trial. The trial court granted the Defendant's motion, and the State now appeals as of right. Concluding that the trial court did not abuse its discretion in finding that the Defendant was prejudiced by the delay, we affirm the judgment of the trial court.