Rennee N. Dhillon v. Gursheel S. Dhillon
M2009-00017-COA-R3-CV
Authoring Judge: Andy D. Bennett, J.
Trial Court Judge: Jeffrey S. Bivins, Judge
Husband raises numerous issues regarding the trial court's handling of this divorce. He asserts that the court erred in denying his motion to dismiss based upon improper venue, in approving the parties' marital dissolution agreement and denying his subsequent motion to set aside the agreement, in denying his petition to modify pendente lite support, in failing to address Wife's alleged efforts to alienate the parties' child from Husband, and in awarding excessive attorney fees to Wife. We affirm the trial court's decisions, and because Husband's appeal is frivolous, we award Wife her attorney fees on appeal.

Stephanie D. Hill v. City of Germantown, Tennessee; Germantown Police Department; Board of Mayor and Alderman of the City of Germantown, Tennessee
W2009-00308-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Chancellor Arnold B. Goldin

This appeal involves the termination of a municipal police officer. The housemate of the petitioner police officer accidentally damaged the police officer’s take-home police vehicle. Although the police officer suspected that her housemate caused the damage, the police officer nevertheless filed accident and insurance loss reports indicating that the damage was caused by an unknown driver. About two months later, the police officer and her housemate had a tumultuous break up. After that, the police officer’s supervisor discovered that the damage to the police vehicle may have been caused by the housemate. After an internal affairs investigation, the police officer was charged with violating police department rules regarding neglect of duty and lack of truthfulness. After a hearing before the municipal board, the police officer was found to have violated these rules and her employment was terminated. The city administrator upheld the termination. The police officer then filed the instant petition for writ of certiorari, challenging the administrative decision. The trial court
granted the petition, holding that the termination of the police officer’s employment was not supported by material evidence and, therefore, was arbitrary and capricious. The city now appeals. We reverse, finding that material evidence supported the administrative decision to terminate the police officer’s employment.

John Allen Construction, LLC v. Jerome Hancock, Sandra Hancock, and Carroll Bank and Trust
W2008-02785-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Chancellor Ron E. Harmon

This is a construction case. The defendant landowners entered into an oral contract with the
plaintiff contractor to construct a house. When the house was substantially completed, the
homeowners terminated the builder, citing defective work. At the time of termination, there
were two unpaid invoices. After filing a notice of lien on the landowners’ property, the
contractor filed suit for breach of contract and to enforce the lien. The landowners
counterclaimed for breach of contract and sought damages stemming from the defective
work. After a trial, the trial court entered judgment for the contractor and awarded a portion
of the amount sought. The trial court’s order did not address enforcement of the contractor’s
lien. The landowners appeal. Because the trial court’s order does not address, among other
things, enforcement of the lien, it is not a final judgment, and this Court does not have
jurisdiction over the appeal. Therefore, we dismiss the appeal and remand the case to the
trial court for further proceedings.

Madison Co. Sheriff's Dep. and The Madison Co. Civil Service Commission for Madison Co. Sheriff's Dep.
W2009-00099-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Judge Allen W. Wallace

This appeal involves the termination of a sheriff’s department employee. The employee was terminated and appealed the termination to the county civil service commission. The termination was upheld by the commission, based solely on expert testimony. The employee then sought judicial review. The motion for summary judgment filed by the employer sheriff’s department was granted, and the employee’s petition was dismissed. The employee now appeals. We find that the expert testimony on which the commission relied is incongruent with the undisputed facts in the record. Therefore, we conclude that the commission’s decision is not supported by substantial and material evidence and is arbitrary and capricious. We reverse the grant of summary judgment in favor of the employer and remand for entry of judgment in favor of the employee.

Keith Dotson v. State of Tennessee
W2008-01666-CCA-R3-PC
Authoring Judge: Judge D. Kelly Thomas, Jr.
Trial Court Judge: Judge Paula L. Skahan

The Petitioner, Keith Dotson, filed a petition for post-conviction relief attacking his conviction of aggravated burglary on the basis of ineffective assistance of trial counsel. Following an evidentiary hearing, the post-conviction court denied relief based upon its finding that the Petitioner had failed to prove his allegations by clear and convincing evidence. In this appeal as of right, the Petitioner contends that trial counsel was ineffective in failing to investigate and prepare adequately for the fingerprint evidence presented at trial. Following our review, we affirm the judgment of the post-conviction court.

Harrison Kerr Tigrett v. John E. Linn, M. D, et al.
W2009-00205-COA-R9-CV
Authoring Judge: Judge J. Steven Stafford
Trial Court Judge: Kay S. Robilio

This is a Tenn. R. App. P. 9 appeal of the denial of a motion for summary judgment in a
medical malpractice case. The trial court denied Appellants/Defendants’ motions for
summary judgment, finding that the statute of repose, Tenn. Code Ann.§29-26-116(a)(3), was
tolled as a result of fraudulent concealment on the part of Appellants/Defendants. Finding
that there are material issues of fact in dispute, we affirm the trial court’s denial of
Appellants’ motions for summary judgment. We, however, vacate any decision that the
statute of limitations was tolled as a result of fraudulent concealment.

State of Tennessee v. Willie Lewis
W2008-02636-CCA-R3-CD
Trial Court Judge: Chris B. Craft

Scott Campbell, et al. v. William H. Teague, et al.
W2009-00529-COA-R3-CV
Authoring Judge: Judge J. Steven Stafford
Trial Court Judge: Chancellor James F. Butler

This is a construction case. Appellants/Builders appeal the trial court’s award of damages
to Appellees/Homeowners pursuant to the Tennessee Consumer Protection Act, and arising
from Appellants/Builders’ breach of warranty and contract. Discerning no error, we affirm.

Donald Simmons vs. KC Construction and Consulting, Inc., et al.
E2009-01005-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: Chancellor Telford E. Forgerty, Jr.

Plaintiff brought this action for breach of contract. The issues were referred to a Special Master, and the plaintiff on the hearing date, acting pro se, asked for a continuance which the Master denied. The defendant moved to confirm the Master's report and a hearing was set on the Motion. The plaintiff, again acting pro se, asked for a continuance, which was again denied. The plaintiff, acting pro se, moved to set aside the Judgment because he did not get a full ten days to file objections, and the court set aside the Judgment and set another hearing date. After hearing plaintiff's objections, the Court affirmed the Special Master's report and entered Judgment. Plaintiff, on appeal, raises the issues of whether the Trial Court erred in not sustaining objections to the Master's report, whereby the Master allowed defendant to interview witnesses and exhibits at the hearing without compliance with local rules that require the parties to exchange names of witnesses in advance of trial, and whether the Trial Court erred in denying plaintiff's motion for continuance. We affirm the Judgment of the Trial Court.

State of Tennessee ex rel., Carla S. (Nelson) Rickard v. Douglas Taylor Holt
M2009-01331-COA-R3-CV
Authoring Judge: Judge J. Steven Stafford
Trial Court Judge: C. L. Rogers

State of Tennessee v. Arealie Boyd
W2009-00762-CCA-R3-CD
Authoring Judge: Judge J. C. McLin
Trial Court Judge: Judge James M. Lammey

The defendant, Arealie Boyd, pled guilty to forgery over $1,000, a Class D felony, on March 30, 2009. After a hearing, the trial court sentenced her to a two-year sentence in the Shelby County Correctional Center, suspended all but thirty days of the sentence, and placed her on probation for six years. On appeal, the defendant challenges the length and manner of her sentence. Specifically, she contends that the trial court should have sentenced her as an especially mitigated offender to either full probation or judicial diversion. Additionally, the defendant contends that the trial court erred in allowing hearsay testimony at the sentencing hearing. Following our review, we affirm the judgment of the trial court.

Stanley Harvill v. State of Tennessee
W2009-00594-CCA-R3-HC
Authoring Judge: Judge J. C. McLin
Trial Court Judge: Judge Joseph H. Walker, III

The petitioner, Stanley Harvill, appeals the circuit c 1 ourt’s order summarily dismissing his petition for writ of habeas corpus. Following our review of the record and the applicable law, we affirm the court’s order.

In Re: Tristan J.K.S.
E2009-00703-COA-R3-JV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: Judge Jeffrey D. Rader

The appellee filed a Petition for Contempt against respondent for failing to pay child support. The Trial Court found respondent in contempt, entered Judgment for back child support, but later purged the Judgment for incarceration. The respondent has appealed, arguing that the Trial Court erred in finding him in civil contempt, and it was not appropriate to incarcerate him to enforce the Court's orders. On appeal, we affirm the Judgment of the Trial Court.

Frank Garrett, et al. v. City of Memphis et al.
W2009-01506-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Chancellor Walter L. Evans

This appeal concerns the discretion of the Memphis Police Department to fill vacant civil
service positions with temporary, “acting” personnel prior to the expiration of an active
promotion roster. The trial court concluded the Memphis City Charter does not mandate
permanent promotion of the next eligible employee from an active promotion roster simply
because a vacancy exists. The court further concluded that no charter provision or city
ordinance prohibits the use of acting appointments; rather, the proof showed that the use of
officers in an acting capacity is a longstanding policy within the police department and every
other division of city government. As a result, the court held that the department did not
violate civil service laws when it declined to permanently promote the plaintiffs. Finding no
error in the decision below, we affirm.

State of Tennessee v. Oscar Joe Garcia
W2009-00592-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Roy B. Morgan, Jr.

Following a jury trial, the defendant, Oscar Joe Garcia, was convicted of four counts of facilitation of attempted second degree murder, four counts of facilitation of aggravated assault, one count of felony reckless endangerment, and one count of possession of a weapon with intent to employ during the commission of an offense. The trial court merged the facilitation of aggravated assault convictions into the facilitation of attempted second degree murder convictions and sentenced the defendant, as a Range I standard offender, to six years for each of the facilitation convictions, two years for the felony reckless endangerment conviction, and eleven months, twenty-nine days for the weapon conviction. The court ordered the six-year sentences to be served consecutively and the remaining sentences to be served concurrently, for a total effective sentence of twenty-four years. On appeal, the defendant argues that the trial court erred in imposing consecutive sentences and in denying his motion to correct and/or reduce his sentence. Based upon our review, we affirm the judgments of the trial court.

State of Tennessee v. D'Angelo Barnes and Monterrio Watson
W2009-00081-CCA-R3-CD
Authoring Judge: Judge Jerry Smith
Trial Court Judge: Judge Chris B. Craft

Appellants, Monterrio Watson and D’Angelo Barnes, were both convicted by a Shelby County Jury of two counts of aggravated robbery. Appellants were both juveniles at the time of the offenses but were transferred to criminal court for trial as adults. Appellant Barnes was sentenced by the trial court to serve ten years for each conviction. The sentences were ordered to be served concurrently. Appellant Watson was ordered to serve eight years and six months for each conviction, to be served concurrently. Both Appellants filed timely motions for new trial. The trial court denied both motions and these appeals ensued. The appeals were consolidated by this Court. On appeal, the following issues are presented for our review: (1) whether the evidence is sufficient to support the convictions; and (2) whether the trial court properly denied Appellant Watson’s request for an acceptance hearing in criminal court after the transfer from juvenile court. After a review of the record, we determine that Appellant Watson waived the issue related to the transfer from juvenile court for failing to provide an adequate record on appeal. Moreover, Appellant Watson failed to file a motion for an acceptance hearing within ten days of the transfer order as required by Tennessee Code Annotated section 37-1-159(d). Further, we determine that the evidence was sufficient to support the convictions for aggravated robbery. Accordingly, the judgments of the trial court are affirmed.
 

In Re: The Estate of Mary Jane McLister Anderson Owen, Deceased
W2009-01531-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Chancelor William C. Cole

This is a will construction case. The decedent died testate in July 2008. The personal
representative of the decedent’s estate filed this action to construe provisions of the
decedent’s will concerning the control of specifically devised farm property. The chancery
court determined that the decedent intended for the property to remain subject to the control
of her estate pending administration. Because the unambiguous language of the will
pointedly excludes specifically devised real property from the control of the personal
representative, we reverse and remand.

State of Tennessee v. Preston Rucker
W2009-01650-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge James C. Beasley, Jr.

The defendant, Preston Rucker, was convicted of especially aggravated robbery and especially aggravated kidnapping and sentenced, respectively, to concurrent sentences of twenty-four years and twenty years. On appeal, he argues that the evidence was insufficient to support the convictions, that the trial court erred in concluding that a police report was not admissible as an exception to the hearsay rule, and that the trial court imposed an excessive sentence. Following our review, we affirm the judgments of the trial court.

State of Tennessee v. Jaroz Dantae Thomas
W2009-00846-CCA-R3-CD
Authoring Judge: Judge J. C. McLin
Trial Court Judge: Judge Roger A. Page

A jury convicted the defendant, Jaroz Dantae Thomas, of underage driving while impaired, a Class A misdemeanor. The trial court sentenced him to 11 months, 29 days of probation, supervised by Community Corrections; a $250 fine; suspension of his driver’s license for one year; and twenty-four hours of community service. On appeal, the defendant challenges his sentence. Following our review of the record, the parties’ briefs, and the applicable law, we affirm the judgment of the trial court but modify the defendant’s sentence to strike the 11 months, 29 days of probation. The case is remanded for entry of a corrected judgment consistent with this opinion.

Rain Thomas Chesher v. State of Tennessee
W2009-01261-CCA-R3-PC
Authoring Judge: Judge J. C. McLin
Trial Court Judge: Judge C. Creed McGinley

The petitioner, Rain Thomas Chesher, appeals the Henry County Circuit Court’s dismissal of his petition for post-conviction relief. The state has filed a motion requesting that this court affirm the circuit court’s judgment pursuant to Rule 20 of the Tennessee Court of Criminal Appeals. We conclude that the state’s motion is meritorious. Accordingly, we grant the state’s motion and affirm the judgment

State of Tennessee v. Timothy Dewayne Williams
W2008-02730-CCA-R3-CD
Authoring Judge: Judge D. Kelly Thomas, Jr.
Trial Court Judge: Judge Joseph H. Walker, III

The Defendant, Timothy Dewayne Williams, was convicted by a Tipton County Criminal Court jury of possession of a Schedule II controlled substance with intent to deliver, a Class B felony; evading arrest in a motor vehicle, a Class E felony; evading arrest, a Class A misdemeanor; and driving while his license was suspended, a Class B misdemeanor. In this appeal as of right, the Defendant argues that the evidence was insufficient to support his convictions. After reviewing the record, we affirm the judgments of the trial court as modified.

Terrie Lynn Hall Hankins v. James Michael Hankins
W2009-00240-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Judge John R. McCarroll, Jr.

This appeal arises from a divorce action. Husband appeals the trial court’s classification and
division of property, the award of alimony in futuro to Wife, and the award to Wife of a
portion of her attorney’s fees. We affirm.

Breath of Life Christian Church v. Travelers Insurance Company
W2009-00284-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Chancellor Arnold B. Goldin

The trial court awarded summary judgment to Defendant surety in this breach of contract action. We affirm.

State of Tennessee v. Kevin Swift
W2007-00673-SC-R11-CD
Authoring Judge: Chief Justice Janice M. Holder
Trial Court Judge: Judge James M. Lammey

We granted appeal in this case to clarify whether the location of the use of violence or fear is relevant in distinguishing theft from robbery. We hold that the temporal proximity between the taking of property and the use of violence or fear is the sole relevant factor. Applying this analysis to the facts of this case, we conclude that the evidence is insufficient to support the defendant’s conviction for aggravated robbery and therefore reverse the judgment of the Court of Criminal Appeals. The evidence, however, supports a conviction for the lesser included offense of aggravated assault. We therefore vacate the defendant’s conviction for aggravated robbery, modify the conviction to aggravated assault, and remand this case to the trial court to conduct a new sentencing hearing.

Kenneth L. Anderson v. State of Tennessee
W2009-02221-CCA-R3-PC
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge R. Lee Moore Jr.

The petitioner, Kenneth L. Anderson, appeals the denial of his petition for post-conviction relief, arguing that he received the ineffective assistance of elbow counsel. After review, we affirm the post-conviction court’s denial of post-conviction relief.