Montee H. Carrutheres Johnson, v. Nathan Johnson
02A01-9603-CH-00061
Authoring Judge: Judge Holly Kirby Lillard
Trial Court Judge: Chancellor D. J. Alissandratos

This is a divorce case involving an Illinois decree. An Illinois court granted a divorce to the husband and awarded the marital residence in Tennessee to the husband. The Tennessee trial court enforced the Illinois court’s award of property, and the wife appeals. Because the Illinois court did not have personal jurisdiction over the wife, we reverse and remand.

Ronald D. McKinna, v. Lasco, Inc.
02A01-9604-CH-00083
Authoring Judge: Senior Judge William H. Inman

We have for consideration a thoughtful petition to re-hear in which the employer insists that our enquiry was abortive since we failed (1) to examine the proffered reason for the employee’s termination, (2) to examine the plaintiff’s evidence of pretext, and (3) to find that age discrimination was a motivating factor in the determination.

United American Bank of Memphis, v. Mylan Financial Services, Inc. and Stanley R. Waxman, Stanley R. Waxman, v. United American Bank of Memphis
02A01-9605-CV-00094
Authoring Judge: Judge Holly Kirby Lillard
Trial Court Judge: Judge Janice M. Holder

This case involves an action to recover on a loan guarantee. The trial court entered a
judgment in favor of the plaintiff bank against the individual guarantor. We affirm.

Metropolitan Nashville Fire Fighters Association Local 763 and B.R. Hall, Jr., v. Metropolitan Government of Nashville and Davidson County, et al.
01A01-9701-CH-00019
Authoring Judge: Judge William B. Cain
Trial Court Judge: Chancellor Irvin H. Gilcrease, Jr.

This case is before the Court on appeal from the Chancery Court of Davidson
County, Tennessee wherein a Motion for Summary Judgement made by the Defendants
was sustained by the Chancellor.

Jack Jordan, v. Frances J. Marchetti
01A01-9607-CH-00340
Authoring Judge: Judge Holly Kirby Lillard
Trial Court Judge: Chancellor Cornelia A. Clark

This case involves an action for rescission of a deed to land allegedly procured through promissory fraud and duress. The trial court dismissed the case on the grounds that it had been brought after the expiration of the applicable statute of limitations. We reverse.

Paul Kevin Nelson, v. The Application Group, Inc.
01A01-9703-CV-00137
Authoring Judge: Judge William C. Koch, Jr.

I concur with the court’s conclusion that The Application Group, Inc. is entitled to Tenn. R. Civ. P. 60.02(1) relief under the facts of this case. However, I have prepared this separate opinion to state that I do not concur with the court’s sweeping conclusion that “Rule 60.02(1) relief should be granted when the lawyer realizes his [or her] oversight and takes steps to correct it.” I know of no precedent for the notion that efforts to correct an error, by themselves, are always enough to entitle a lawyer to post-judgment relief. They are only one of the many factors to consider when engaging in the fact-intensive analysis required by Tenn. R. Civ. P. 60.02(1).

Prism Partners, L.P., v. Michael D. Figlio, v. Prism Partners, L.P. Larry Cherry
01A01-9703-CV-00103
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Judge Barbara N. Haynes

In this unlawful detainer action, Defendant Michael D. Figlio appeals the trial court’s final judgment which held that Plaintiff/Appellee Prism Partners, L.P., had free and clear 2 title to the subject property, ordered Figlio to vacate the subject property, and dismissed Figlio’s counterclaim for conspiracy. The trial court’s judgment also dismissed Figlio’s thirdparty complaint for fraud and conspiracy against Third-Party Defendant/Appellee Larry Cherry. For the reasons hereinafter stated, we affirm in part and reverse in part the trial court’s judgment, and we remand for further proceedings.

Patricia Ann Wolfe, Bette L. Roberts, Patricia Pelton, Odie L. Mann, Boyd Stubblefield, and Richard G. Ray vs. The University of Tennessee and the University of Tennessee Space Institute - Concurring
01A01-9611-CH-00514
Authoring Judge: Judge William C. Koch, Jr.

I concur with the results of the Court’s opinion. Based on my independent review of the evidence both in support of and in opposition to the motion for summary judgment, I have determined that the six plaintiffs have not produced evidence from which a jury could reasonably conclude that the reasons given by the University of Tennessee Space Institute for the adverse employment actions taken against each of the plaintiffs were pretextual or that the employment actions were taken for prohibited reasons.

In re: Ernest L. White, Conservatorship, v. Loretta DeLoach, Substitute Conservator
01A01-9704-PB-00154
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Judge Frank G. Clement, Jr.

This appeal involves the adequacy of a conservator’s accounting of a disabled person’s estate. After the conservator filed her final accounting in the Probate Court of Davidson County, the personal representative of the disabled person’s estate objected to the accuracy and completeness of the accounting. The probate court conducted a bench trial and approved the conservator’s amended final accounting. On this appeal, the personal representative asserts that the final accounting was irregular and that the conservator has failed to account for all of the disabled person’s funds. We have determined that the conservator’s final accounting cannot be reconciled and, therefore, that the order approving the final accounting must be vacated.

Southern Rehabilitation Specialists, Inc., v. Ashland Healthcare Center, Inc., et. al.
01A01-9607-CH-00345
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Chancellor Leonard W. Martin

Defendant Ashland Healthcare Center, Inc. (Ashland), appeals the judgment entered against it in this breach of contract action. The contract at issue was between Plaintiff/Appellee Southern Rehabilitation Specialists, Inc. (Southern Rehab), andOakmont Healthcare Center (Oakmont). In imposing liability against Ashland, the trial court ruled that Pete Prins, the administrator of Oakmont and an employee of third-party defendant Monarch Nursing Homes, Inc. (Monarch), had the authority to bind Ashland to the contract between Southern Rehab and Oakmont. For the reasons hereinafter stated, we reverse the judgment against Ashland and remand for further proceedings.

Knox County Education Association v. Knox County Board of Education, et al.
E2000-01019-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Chancellor John F. Weaver

This is an action brought by the Knox County Education Association seeking a declaratory judgment and injunctive relief against the Knox County Board of Education and its then-superintendent, Allen Morgan. The trial court found that provisions of a private act granting tenure to principals employed in the Knox County School System were repealed and superseded by the enactment in 1992 of a public act, the Education Improvement Act, and that the private act, to the extent that it conflicts with the general law, violates Article XI, Section 8 of the Tennessee Constitution. The trial court further found that Knox County principals are not members of the bargaining unit represented by the Knox County Education Association as to the subjects of performance, accountability, and contract renewal. The Knox County Education Association appeals, arguing (1) the trial court erred in finding that provisions of the private act were repealed by the Education Improvement Act and (2) the trial court erred in concluding that school principals are not members of the bargaining unit as to the subjects of performance, accountability, and contract renewal. We affirm.

Raymond Mueller v. Denise Mueller
M2001-00098-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Jeffrey S. Bivins
In this appeal of a divorce decree, the husband argues that the rehabilitative alimony awarded to the wife is excessive, and that his visitation schedule unnecessarily limits the time he can spend with his son. We affirm the award of rehabilitative alimony, but reduce its duration to three years. We also remand this case to the trial court for reconsideration of the visitation schedule.

Karmen Lane v. Richard Lane
M2000-01135-COA-R3-CV
Authoring Judge: Judge John A. Turnbull
Trial Court Judge: Muriel Robinson
This appeal challenges an award of child support which did not include private school tuition of the minor daughter, a division of property that did not take into account alleged dissipation of assets by the husband, a child support award that did not deviate upwards from the Guidelines because of lack of visitation, and a finding of criminal contempt. Also at issue is whether the trial court erred in awarding alimony in futuro rather than rehabilitative alimony. We affirm the judgment of the trial court with respect to all issues except to hold that pursuant to the Tennessee Child Support Guidelines, private school tuition is an "extraordinary educational expense" which husband obligor must pay.

State of Tennessee v. John D. Pass
E2000-02266-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Richard R. Baumgartner

The defendant appeals from his conviction for aggravated assault and his sentence. We conclude that there was sufficient evidence to support the conviction for aggravated assault. The imposition of a six (6)-month jail term pursuant to a sentence of five (5) years in split confinement is appropriate. We affirm the judgment of the trial court.

Roger M. Gardner v. State of Tennessee
E2000-02270-CCA-R3-PC
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge Phyllis H. Miller

The petitioner, Roger M. Gardner, appeals the order of the Sullivan County Criminal Court denying his petition for post-conviction relief. A Sullivan County jury found the petitioner guilty of attempted aggravated kidnapping, and the trial court subsequently sentenced him to serve eight years as a Range II multiple offender. The petitioner challenged his conviction on direct appeal, and this Court affirmed his conviction. State v. Roger Morris Gardner, No. 03C01-9712-CR-00524, 1999 WL 486847, at *1 (Tenn. Crim. App. at Knoxville July 13, 1999). Subsequently, the petitioner filed for post-conviction relief, alleging ineffective assistance of counsel, prosecutorial misconduct, judicial misconduct, the trial court's lack of jurisdiction, and denial of statutory rights. The post-conviction court denied the petition, and the petitioner now brings this appeal alleging ineffective assistance of counsel. For the following reasons, we find that none of these allegations merit relief and therefore affirm the decision of the post-conviction court.

State of Tennessee v. Steven Lloyd Givens
M2001-00021-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge J. Randall Wyatt, Jr.

The Defendant, Steven Lloyd Givens, was convicted of attempted especially aggravated kidnapping in the Criminal Court of Davidson County. After a sentencing hearing, the trial court imposed a sentence of twelve years as a Range I offender to be served in the Department of Correction. In this appeal as of right, the Defendant argues that the trial court erred in (1) denying the Defendant's motion to suppress the evidence seized during the Defendant's arrest, (2) denying the Defendant's motion to suppress the results of a show-up identification of the Defendant by the victim, (3) denying the Defendant's motion to amend the indictment, and (4) in sentencing the Defendant to the maximum sentence. We affirm the judgment of the trial court.

State v. Stephen Bart Wood
M2001-00872-COA-R3-CD
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Steve R. Dozier
The General Sessions Court of Davidson County found the defendant guilty of thirty-six violations of an order of protection and ordered him to serve ten days for each violation. Each sentence was to be served consecutively and day-for-day. The defendant appealed to the Criminal Court and that court affirmed. We find that the Criminal Court lacked subject matter jurisdiction to hear the appeal, that the sentence should be vacated, and the cause remanded to the General Sessions Court for a review of the sentence for excessiveness in accordance with the guidelines we adopt in this opinion.

State of Tennessee v. Galgalo B. Halake
M2000-00146-CCA-R3-CD
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge Walter C. Kurtz

A Davidson County grand jury indicted the defendant, Galgalo B. Halake, for first-degree murder. The petit jury convicted him of that offense. The defendant filed a motion for new trial and a motion for judgment of acquittal. The trial court denied the defendant's motion for new trial, but granted the defendant's motion for judgment of acquittal by reducing the defendant's conviction to second-degree murder. Subsequently, the trial court sentenced the defendant to serve twenty-two years of incarceration. The state appeals the trial court's reduction of the conviction to second-degree murder. The defendant appeals his conviction, challenging the admission of certain testimony, the trial court's failure to charge the jury with the lesser-included offense of voluntary manslaughter, the sufficiency of the evidence, and the propriety of his sentence. We find that there is sufficient evidence to support a jury finding of guilt of first degree murder. However, because the trial court erred in allowing lay opinion testimony concerning blood spatters, we reverse the decision of the lower court and remand this case for a new trial.

State of Tennessee v. A Tract of Land Known as 141 Belle Forest Circle, et al.
M2000-01827-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge Cheryl A. Blackburn

The appellant, Westminster Realty Company, appeals an order entered by the Davidson County Criminal Court denying its claim to an interest in the proceeds from the sale of property pursuant to forfeiture proceedings. Following a thorough review of the record and the parties' briefs, we affirm the judgment of the trial court.

Sidney McGlowan v. State of Tennessee
W2000-01925-CCA-R3-PC
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge Chris B. Craft

The petitioner, Sidney McGlowan, filed for post-conviction relief alleging the ineffective assistance of counsel. The post-conviction court summarily dismissed the petition. On appeal, the petitioner alleges that the court erred by dismissing his petition without appointment of counsel and without an evidentiary hearing. Following a review of the record, we affirm the judgment of the post-conviction court.

State of Tennessee v. Ronald Cox
W2000-02238-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge Joseph B. Dailey

The defendant, Ronald Cox, was found guilty of robbery following a jury trial in the Shelby County Criminal Court. In this appeal, he raises three issues: (1) whether the evidence is sufficient to support his conviction; (2) whether the trial court erred by denying his request to instruct the jury on the lesser-included offense of theft; and (3) whether the trial court erred in its answers to questions submitted to the trial court during jury deliberations. Defendant is not entitled to relief on the first and third issues. However, under the recent Tennessee Supreme Court decision in State v. Bowles, 52 S.W.3d 69 (Tenn. 2001), we hold that the trial court committed reversible error by failing to include the lesser-included offense of theft in the charge to the jury. Therefore, we reverse Defendant's conviction and remand the case for a new trial.

State of Tennessee v. Darrow Lynn Williams
W2001-01825-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge Joseph H. Walker, III

Defendant appeals his conviction of second degree murder following a jury trial. He presents three issues for our review: (1) whether the evidence was sufficient to support the conviction; (2) whether the trial court erred in failing to instruct the jury to disregard certain hearsay testimony; and (3) whether the trial court erred in failing to rule on defendant's objection to a question asked by the prosecuting attorney. We affirm the judgment of the trial court.

State of Tennessee v. Lewis A. Forbess
W2001-00202-CCA-R3-CD
Authoring Judge: Presiding Judge Gary R Wade
Trial Court Judge: Judge Joseph H. Walker, III

The defendant, Lewis A. Forbess, entered pleas of guilt to aggravated rape, theft of property between $10,000.00 and $60,000.00, aggravated burglary, and possession of a weapon in a penal facility. The trial court imposed concurrent sentences as follows:

Offense                                                                       Term                                                          Range
Aggravated Rape                                                     25 years                                          100% Violent Offender
Theft                                                                           15 years                                            Persistent Offender
Aggravated Burglary                                               15 years                                             Persistent Offender
Possession of Contraband in a Penal Facility  10 years                                             Persistent Offender

The sentences were ordered to be served consecutively to an earlier burglary sentence. In this appeal of right, the defendant contends that the sentences are excessive. The judgments are affirmed.

State of Tennessee v. Robbie R. Bailey
E2001-00210-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge Robert E. Cupp
The Appellant, Robbie R. Bailey, was indicted by a Washington County Grand Jury for one count of driving under the influence, fourth offense, one count of driving on a revoked license, and two counts of vehicular assault. On December 1, 2000, Bailey pled guilty to two counts of vehicular assault and one count of driving on a revoked license. After a sentencing hearing on January 10, 2001, the trial court sentenced Bailey, as a range I standard offender, to the maximum term of four years on each count of vehicular assault and ordered that the sentences be served consecutively in the Department of Correction. On appeal, Bailey raises the following issues for our review: (1) whether the sentences imposed for vehicular assault were excessive; and (2) whether the trial court erred by denying Bailey's request for a non incarcerative alternative sentence. After review, we find no reversible error and affirm the judgment of the trial court.

State v. Bobby Godsey
E1997-00207-SC-R11-DD
Authoring Judge: Justice Frank F. Drowota, III
Trial Court Judge: R. Jerry Beck