Rhonda Anderson vs. Lester Jarrett & Melinda Benson vs. Herman Harris
W2001-00484-COA-R3-JV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: J. Roland Reid
This is a child support case concerning jurisdiction to review certain administrative decisions rendered by the Department of Human Services. In its order, the juvenile court transferred the case, concluding that section 4-5-322 of the Tennessee Code placed jurisdiction with the "appropriate chancery court." Despite its order transferring the case, the juvenile court also decided the case on the merits and ruled that the State acted in contravention to section 36-5-905 of the Tennessee Code regarding the seizure of an obligor's assets. The court further concluded that section 36-5-905 was unconstitutional. We reverse the trial court regarding its jurisdictional determination and hold that the trial court erred by reaching the constitutional issue

State of Tennessee v. Chris Haire
E2000-01636-CCA-R3-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Judge Carroll L. Ross

The defendant appeals from his McMinn County Criminal Court convictions and sentences for second degree murder and facilitation of attempted second degree murder. The trial court sentenced the defendant to 25 years in the Department of Correction as a Range I offender for the second degree murder conviction and to five years incarceration for the facilitation of attempted second degree murder conviction. In this direct appeal, the defendant complains that the evidence is insufficient; that photographs and expert testimony were improperly admitted; that prosecutorial misconduct taints the verdict; that the state improperly questioned the defendant about his post-arrest exercise of his right to remain silent; that the jury instructions regarding intoxication were prejudicially inadequate; and that the sentences imposed are excessive. Unpersuaded by the defendant's assignments of errors, we affirm the trial court's judgment and sentence.

State of Tennessee v. Shaun Michael Fleegle
E2000-02045-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Richard R. Baumgartner

A Knox County jury found the Defendant guilty of voluntary manslaughter, a Class C felony; and the trial court sentenced him as a Range I, standard offender to five years, four of which were to be served on probation. The Defendant now appeals, arguing the following: (1) that the trial court failed to properly consider enhancement and mitigating factors during sentencing, and (2) that the trial court erred in failing to grant judicial diversion. Finding that the trial court properly sentenced the Defendant, we affirm the judgment of the trial court.

Khyva Phipps v. Insurance Company of The State of
M2000-01962-WC-R3-CV
Authoring Judge: Weatherford,.Sr. J.
Trial Court Judge: Larry Ross, General Sessions Judge
In this appeal, the appellants, Insurance Company of the State of Pennsylvania and Carrier Corporation insist that: 1) the trial court erred in excluding the medical records of Dr. Robert Cannon, M.D. documenting the employee's treatment for injuries sustained in a previous car accident, which was offered into evidence by appellant through the deposition of the physician's custodian of records; 2) the evidence preponderates against the trial court's finding that the plaintiff suffered a compensable injury to her back under the Workers' Compensation Act; and 3) the trial court erred in its application of the burden of proof as provided by the Workers' Compensation Act. After a complete review of the entire record, the briefs of the parties, and the applicable law, We affirm the judgment of the trial court.

Patricia Daisy Coleman v. Tower Automotive,
W2001-00284-WC-R3-CV
Authoring Judge: Joe C. Loser, Jr., Sp. J.
Trial Court Judge: Julian P. Guinn, Judge
In this appeal, the employer-appellant contends the award of permanent partial disability benefits based on 35 percent to the body as a whole is excessive. As discussed below, the panel concludes the judgment should be affirmed.

Bequir Ymerli Potka, Fatmir Agolli, Stavri Popa & Epison Pulaha v. State of Tennessee
M2000-02305-CCA-R9-CO
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Judge Steve R. Dozier

We granted the defendants’ application for interlocutory appeal, see Tenn. R. App. P. 9, to review the trial court’s disqualification of defense counsel based upon conflicting interests in counsel’s representation of all four defendants. Because we conclude that the lower court acted within its discretion in disqualifying counsel from multiple representation, we affirm.

John H. Frasure, III v. State of Tennessee
W2000-03106-CCA-R3-PC
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge Bernie Weinman

The petitioner, John H. Frasure, III, appeals the Shelby County Criminal Court's denial of his petition for post-conviction relief from his guilty plea to especially aggravated robbery, a Class A felony, and theft of property valued over ten thousand dollars but less than sixty thousand dollars, a Class C felony. The trial court sentenced the petitioner as a violent offender to fifteen years in the Tennessee Department of Correction for the especially aggravated robbery conviction and as a Range I, standard offender to three years for the theft of property conviction, to be served concurrently. The petitioner claims that he received the ineffective assistance of counsel because his trial attorney (1) failed to prepare adequately for trial because she did not interview any witnesses for the case and did not hire an investigator to assist with the case; (2) did not subpoena witnesses for a hearing to suppress the petitioner's confession or trial; (3) failed to investigate thoroughly his mental condition; and (4) failed to file a change of venue motion. We affirm the trial court's denial of the petition.

Barton L. Hawkins v. State of Tennessee
W2001-00738-CCA-R3-PC
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge W. Otis Higgs, Jr.

A Shelby County jury convicted the Petitioner of rape, and the trial court sentenced him as a Range I violent offender to eight years and one day in the Tennessee Department of Correction. The Petitioner subsequently filed a petition for post-conviction relief. The trial court conducted a post-conviction hearing and denied relief. The Petitioner now appeals the denial of post-conviction relief, arguing that he received ineffective assistance of counsel at trial. Specifically, he contends that his counsel (1) failed to aggressively question the victim regarding consent; (2) failed to object to the admission of expert testimony; (3) failed to aggressively cross-examine the prosecution's expert witness concerning her qualifications and her testimony in chief; (4) failed to prepare or investigate the case; (5) failed to object to "prejudicial witness examination and argument regarding the swapping of" a car battery; (6) failed to discuss defense strategy with the Petitioner; (7) failed to question the Petitioner about his knowledge of the victim's previous sexual behavior; (8) failed to review the transcript from the Petitioner's preliminary hearing; (9) failed to offer evidence of an injury to the Petitioner's hand; (10) failed to argue in closing the weight the jury should give testimony by the State's expert witness and failed to object to the State's definition of reasonable doubt in closing arguments; and (11) "failed to raise all probable issues on appeal." Having reviewed the record, we conclude that the Petitioner's representation was not deficient and therefore affirm the judgment of the trial court denying post-conviction relief.

Timothy Rathers v. State of Tennessee
W2000-02177-CCA-R3-PC
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge Carolyn Wade Blackett

The petitioner, Timothy Rathers, was convicted by a jury in the Shelby County Criminal Court of one count of possessing less than ten pounds of marijuana with intent to deliver and one count of possessing over .5 gram of cocaine with intent to deliver. The trial court sentenced the petitioner to an effective sentence of ten years incarceration in the Tennessee Department of Correction. Subsequently, the petitioner filed a petition for post-conviction relief alleging that he received ineffective assistance of counsel at trial. The post-conviction court denied the petition, finding that the petitioner had not met his burden of demonstrating counsel's ineffectiveness. The petitioner appeals. Upon review of the record and the parties' briefs, we affirm the judgment of the post-conviction court.

State of Tennessee v. Paul J. Ward
E2001-00175-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Robert E. Cupp

A jury found defendant guilty of two counts of selling a Schedule I controlled substance (heroin), class B felonies. Defendant appeals his convictions claiming insufficient evidence exists to support his convictions, and the admission of the tape-recorded sales transactions was error in that it contained evidence of other bad acts or crimes in violations of Tennessee Rule of Evidence 404(b). We affirm.

State of Tennessee v. Cleander Cleon Hartman, Jr.
M2000-02441-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Timothy L. Easter

The defendant appeals from his convictions of aggravated sexual battery,  sexual battery by an authority figure, and sexual battery. We conclude that  the conviction for Count Two of sexual battery by an authority figure must be reversed and dismissed because stepparents as a matter of law are not included in the statute under which the defendant was indicted. Additionally, evidence of uncharged sex crimes was erroneously admitted and inappropriately argued resulting in undue prejudice to the defendant. The cumulative effect of these errors requires a new trial on Count One and Count Three.

State of Tennessee v. Cleander Cleon Hartman, Jr. - Concurring and Dissenting
M200-02441-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge Timothy L. Easter

I fully concur in the majority’s opinion with the exception of its conclusion that the sentence in this case is unreasonable in light of the severity of the offenses. In any event, upon remand for a new trial, should the defendant again be convicted pursuant to counts one and three of the indictment, the trial court should be free to consider the imposition of consecutive sentencing in light of any additional evidence presented by the State.

Johnson vs. CCA
W2001-00595-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Jon Kerry Blackwood
This is an appeal from an order of the trial court granting a motion to dismiss the complaint for failure to state a claim upon which relief can be granted. We reverse in part and affirm in part.

Shepard Barbash vs. Monty Bruell & Anthony Smith
E2005-00387-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: Howell N. Peoples

Terry Hicks v. Donal Campbell
M2001-00280-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Irvin H. Kilcrease, Jr.
This appeal involves a prisoner disciplinary proceeding at the Hardeman County Correctional Facility. A prisoner filed a petition for common-law writ of certiorari in the Chancery Court for Davidson County seeking judicial review of a prison disciplinary board's finding that he was guilty of "conspiracy to violate state law." Two of the seven respondents named in the petition filed a Tenn. R. Civ. P. 12.02(6) motion to dismiss. The trial court granted the motion, and the prisoner perfected this appeal. We have determined that the appeal should be dismissed because the order being appealed from is not final and does not comply with Tenn. R. Civ. P. 58.

First Union National Bank v. Donald Abercrombie
M2001-01379-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Russell Heldman
This appeal involves a dispute stemming from a defaulted note. The lender filed suit against the purported borrower in the Chancery Court for Williamson County asserting that he was liable for $57,778.20. The defendant moved to dismiss the complaint on the ground that he was not personally liable on the note because he was simply an officer of the corporation named as the borrower on the note and because he was not a guarantor of the corporation's debts. Thereafter, the lender moved for a default judgment, and the purported borrower then filed an answer denying liability on the note and a counterclaim against the lender for compensatory and punitive damages. The trial court granted the lender a default judgment for $57,778.20 without addressing the pending motion to dismiss or the answer and counterclaim. We have determined that the trial court erred by granting the default judgment and, accordingly, reverse the judgment and remand the case for further proceedings.

In The Matter Of: S.G.S.
M2001-00649-COA-R3-JV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Clara W. Byrd
The trial court terminated the parental rights of the biological father on the ground of abandonment, and granted the adoption petition of the stepfather. The biological father argues on appeal that he did not abandon his child. We affirm the trial court.

State v. Tamberley Daniels
M2001-00624-COA-R3-JV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Samuel H. Smith
The non-custodial parent of two minor girls appeals the decision of the Juvenile Court of Hickman County terminating her parental rights on the grounds of willful abandonment. We affirm the action of the trial court.

In the Matter of: D.D.V.
M2001-02282-COA-R3-JV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Barry Tatum
The State filed a petition to terminate parental rights to a four-year-old boy. Only the mother contested the action. The trial court granted the petition, terminating the mother's parental rights on multiple grounds, including abandonment and failure to comply with a plan of care. We reverse as to the mother, because we do not believe any of the grounds were proven against her by clear and convincing evidence, as is required by statute.

State of Tennessee v. Chad Davis
W2000-02752-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge W. Fred Axley

The Appellant, Chad Davis, pled guilty in the Shelby County Criminal Court to DUI, second offense, and driving on a revoked license. At the sentencing hearing, Davis requested that he be permitted to serve on work release the imposed forty-five day mandatory jail sentence for DUI, second offense, and the consecutive two-day jail sentence for driving on a revoked license. The trial court found Davis was ineligible for work release because he was self-employed. Davis now appeals
this ruling. In response, the State asserts that the trial court was without authority under the provisions of the work release statute, Tennessee Code Annotated § 41-2-128, to grant work release to Davis or any other person convicted of DUI, second offense, prior to expiration of the minimum period of confinement. After review, we find the trial court’s ruling misplaced. Nonetheless, we conclude that Davis was not entitled to “work release,” as only the general sessions court has the authority to grant work release under the provisions of Tennessee Code Annotated § 41-2-128.

State of Tennessee v. Chad Davis - Order
W2000-02752-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
It appearing that the original opinion filed in this case on January 10, 2002, is in conflict with the recent holding of State v. Marcus Morrow, No. M1999-00769-SC-R11-CD (Tenn. Jan. 11, 2002). Accordingly, it is hereby ORDERED that the opinion filed on January 10, 2002, is withdrawn and replaced by the opinion filed on this day (Jan 16, 2002). For appeal time purposes, the judgment filed on January 10, 2002, shall be vacated and reentered as of the date of the refiling of this court's opinion.

State of Tennessee v. Mario Johnson
W2001-00898-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge J. C. Mclin

The Appellant, Mario Johnson, was convicted by a Shelby County jury for first-degree felony murder during the perpetration of a robbery and was sentenced to life imprisonment with parole. On appeal, Johnson argues that the evidence presented at trial was insufficient to support the verdict. After review, we find no error and affirm the judgment of the Shelby County Criminal Court.

Michael Casby vs. Theresa Hazlerig
W2001-02073-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Joseph H. Walker, III
This appeal involves a custody and visitation dispute brought by divorced parents having joint custody of their two children. Following the submission of numerous filings by the parties, the court held a hearing to determine whether or not to alter the custody arrangement set out in the court's final decree. As a result of the hearing, the court issued an opinion and permanent parenting plan which altered the previous visitation agreement by naming the father primary custodial parent and granting the mother limited visitation rights. The court further ordered the mother to pay child support in accordance with the guidelines. The mother appealed and, for the following reasons, we affirm the decision of the trial court.

Stacey J. Stanley v. Daniel Ring,
W2001-00950-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: William Michael Maloan

State of Tennessee v. Eddie Medlock
W2000-03009-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge Joseph B. Dailey

The Appellant, Eddie Medlock, was convicted after a trial by jury of two counts of aggravated rape and two counts of especially aggravated kidnapping, class A felonies. The Appellant, a Range III persistent offender, was sentenced to sixty years on each count. The Criminal Court of Shelby County ordered the rape counts to run concurrent, the kidnapping counts to run concurrent, and the rape and kidnapping counts to run consecutively to each other, for an effective one-hundred and twenty-year sentence. On appeal, Medlock argues that: (1) his multiple punishments for especially aggravated kidnapping and multiple punishments for aggravated rape violated double jeopardy principles; (2) his convictions for especially aggravated kidnapping violated due process principles of State v. Anthony; (3) the evidence was insufficient to sustain his convictions; (4) the trial court failed to articulate its findings of applicable enhancing factors at sentencing; and (5) consecutive sentencing was improper. After review, we find Medlock's multiple convictions for especially aggravated kidnapping constitute double jeopardy. Accordingly, one count of especially aggravated kidnapping is reversed and dismissed; the sentences and convictions for the remaining two counts of aggravated rape and one count of especially aggravated kidnapping are affirmed.