Marian Neamtu v. Iveta Neamtu
M2008-00160-COA-R3-CV
Authoring Judge: Judge Frank G. Clement, Jr.
Trial Court Judge: Judge Muriel Robinson

This is an appeal from a divorce action in which both Husband and Wife challenge various findings and rulings of the trial court. Husband appeals claiming the trial court erred in not finding Wife a non-credible witness, finding Wife is unable to work due to a lengthy illness, awarding Wife alimony in futuro, and requiring him to pay Wife’s COBRA insurance. Wife appeals claiming that the trial court erred in its division of marital property and the amount of alimony awarded. We affirm the trial court’s decision in all respects.

In Re: Estate Of Elsie Stinchfield Brownlee, et al. v. Jacque Brownlee Hughes, et al.
M2008-00686-COA-R3-CV
Authoring Judge: Judge J. Steven Stafford
Trial Court Judge: Chancellor Tom E. Gray

This case involves the construction of a holographic will. Decedent died in 2006, and was survived by her four children. Her will states that one of her sons is to “have” the “home place.” Two of the other siblings, the Appellees, contest the trial court’s determination that the Decedent’s will transfers fee simple title in the Decedent’s real property owned at the time of her death to her son. Finding no error, we affirm.

The Estate of Ada Townsend v. The Estate of Jeanette East
E2008-00689-COA-R3-CV
Authoring Judge: Judge Herschel Pickens Franks
Trial Court Judge: Chancellor Frank V. Williams, III

The real parties at interest in this action are Carol Silvey, plaintiff and Jeanette East, defendant. They are represented by their respective conservators. Investments were made in the parties’ joint names and when the investments matured, the conservator for Jeanette East made investments in a sole account of Jeanette East. The conservator for Carol Silvey brought this action for a declaration that the investments should remain in the joint estates. The Trial Judge approved the actions of the conservator for Jeanette East but on appeal, we order that the accounts be returned to the joint ownership status.

State of Tennessee v. Brittany Ann Kiestler
W2007-02703-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge Joseph H. Walker, III

After a bench trial, the Lauderdale County Circuit Court convicted the appellant, Brittany Ann Kiestler, of two counts of contributing to the delinquency of a minor and ordered her to serve eleven months, twenty-nine days on supervised probation. On appeal, the appellant contends that  the evidence is insufficient to support her convictions. Upon review, we affirm the judgments of the trial court.

Estate of Elizabeth Mooring v. Kindred Nursing Centers, et al.
W2007-02875-COA-R3-CV
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Judge Joseph H. Walker

This appeal involves an arbitration agreement executed when the decedent was admitted to a nursing home. The trial court denied the nursing home’s motion to compel arbitration. We vacate the trial court’s order and remand for further proceedings.

William J. Parker v. Haps Heating, Air Conditioning, Plumbing and Electrical Services, LLC
W2007-01023-SC-WCM-WC
Authoring Judge: Senior Judge David G. Hayes
Trial Court Judge: Circuit Court Judge Kay S. Robilio

Employee sought workers’ compensation benefits and medical expenses for a shoulder injury he
allegedly suffered while working for Employer. The trial court bifurcated the trial with regard to (1)
whether the injury was compensable, and (2) if so, the extent of compensation benefits to which
Employee is entitled. At the close of Employee’s proof as to compensability, the trial court
dismissed Employee’s claim, finding that the issue of causation was not established. Employee has appealed this judgment. Employee contends that the evidence does not support the trial court’s ruling that he had failed to sustain his burden of proof as to compensability. We reverse the judgment dismissing the claim and remand the case to the trial court for proceedings consistent with this opinion.1

State of Tennessee v. Patrick Smallwood
E2007-02288-CCA-R3-CD
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge Carroll L. Ross

Appellant, Patrick Smallwood, was convicted by a jury of one count of aggravated sexual battery and one count of attempted aggravated sexual battery. On appeal, Appellant challenges the sufficiency of the evidence. We determine that the evidence was sufficient to support the convictions. Accordingly, the judgment of the trial court is affirmed.

Foster Business Park, LLC., et al. v. Mark Winfree, et al.
M2006-02340-COA-R3-CV
Authoring Judge: Judge Richard H. Dinkins
Trial Court Judge: Chancellor Claudia C. Bonnyman

Maker and guarantors of promissory note brought action against various parties including the maker’s former loan officer, the former holder of the note, and the current holder of the note, alleging that defendants breached their fiduciary duty to the maker, tortiously interfered with the maker’s negotiations to pay off the note at a discount and violated the Tennessee Consumer Protection Act. The Chancery Court for Davidson County granted defendants’ summary judgment. Maker and guarantors appealed. Finding no error, we affirm.

Thomas David Jordan v. Burlington Northern Santa Fe Railroad Company, A Corporation, and Norfolk Southern Railway Company, A Corporation
W2007-00436-COA-R3-CV
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Judge James F. Russell

This is an appeal from a jury trial involving the Federal Employers’ Liability Act. A railroad employee was struck by a passing train belonging to another railroad. The employee sued both railroads, bringing a FELA claim against the employer railroad, and a negligence claim against the other railroad. The jury returned a verdict in the employee’s favor against the employer railroad, finding that the employer railroad was 100 percent at fault. The employee was awarded damages in the amount of $4 million. We affirm in part and reverse in part.

Ben Blevins v. State of Tennessee
E2007-02746-CCA-R3-CD
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge John F. Dugger

Appellant, Ben Blevins, pled guilty to eight counts of passing worthless checks, four counts of forgery, and five counts of attempted money laundering. According to the plea agreement, Appellant’s effective sentence was three years, the manner of service to be determined by the trial court after a sentencing hearing. The trial court denied alternative sentencing based on Appellant’s prior criminal history, inability to pay existing restitution, failure to abide by terms of prior probation, behavior of continually reoffending and in order to deter similar behavior. The trial court ordered the sentence served in incarceration. Appellant appeals, pro se, arguing that he should have been granted some form of alternative sentencing. We determine that the trial court properly denied alternative sentencing. Accordingly, the judgment of the trial court is affirmed.

Ronnell Leberry v. State of Tennessee
M2007-01813-CCA-R3-PC
Authoring Judge: Judge D. Kelly Thomas, Jr.
Trial Court Judge: Judge John H. Gasaway, III

In November 2005 the petitioner, Ronnell Leberry, filed a pro se petition for post-conviction relief. In November 2007, following the appointment of counsel and an evidentiary hearing, the trial court dismissed the petition. On appeal, the petitioner argues that he received the ineffective assistance of counsel at trial. After reviewing the record, we affirm the judgment of the post-conviction court.

Tonya Gager v. River Park Hospital And Southeastern Emergency Services, P.C.
M2007-02470-COA-R3-CV
Authoring Judge: Judge Richard H. Dinkins
Trial Court Judge: Judge Larry B. Stanley, Jr.

Plaintiff, a nurse practitioner formerly employed by a staffing service and supplied to hospital emergency department, sued the service and the hospital for retaliatory discharge, gender discrimination, breach of contract and violation of the Tennessee Public Protection Act. Trial court granted summary judgment to staffing company. Finding no error, we affirm the judgment of the Circuit Court.

Rural Developments, LLC v. John H. Tucker, Clara Tucker, Gene Carman Real Estate and Auctions Family Partnership, LP et. al.
M2008-00172-COA-R3-CV
Authoring Judge: Judge Walter C. Kurtz
Trial Court Judge: Chancellor C. K. Smith

This case involves allegations of intentional misrepresentation and associated causes of action all related to the sale of a spring for commercial development. Appellant contends that the output of the spring was misrepresented. The trial court granted summary judgment as to a number of causes of action, and the appellant then non-suited his remaining claims and appealed. For the reasons stated herein we affirm the trial court.

Christopher Lance Shockley v. State of Tennessee
M2008-00143-CCA-R3-PC
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: J. Randall Wyatt, Jr.

A Davidson County grand jury indicted the Petitioner, Christopher Lance Shockley, on four counts of rape of a child and nine counts of aggravated sexual battery. The Petitioner pled guilty to four counts of aggravated sexual battery, and the trial court imposed an effective sentence of sixteen years. This Court affirmed the sentence on appeal. The Petitioner then filed a post-conviction petition claiming that: (1) his guilty plea was not knowingly and voluntarily entered; and (2) he received the ineffective assistance of counsel. The post-conviction court denied relief, and the Petitioner now appeals. After a thorough review of the record and the applicable law, we affirm the judgment of the post-conviction court.

Keith Collins v. State of Tennessee
W2007-02900-CCA-R3-PC
Authoring Judge: Judge J. C. McLin
Trial Court Judge: Judge James M. Lammey

The petitioner, Keith Collins, appeals from the post-conviction court’s denial of post-conviction relief. On appeal, he argues that he received the ineffective assistance of counsel which caused him to enter an unknowing and involuntary guilty plea. Following our review of the record and the parties’ briefs, we affirm the judgment of the post-conviction court denying post-conviction relief.

State of Tennessee v. Antonio Kendrick
W2007-02109-CCA-R3-HC
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge James M. Lammey

The Petitioner, Antonio Kendrick, appeals the trial court's denial of his petition for habeas corpus relief. The State has filed a motion requesting that this Court affirm the trial court's denial of relief pursuant to Rule 20, Rules of the Court of Criminal Appeals. We conclude that the State's motion is meritorious. Accordingly, we grant the State's motion and affirm the judgment of the lower court.

Marcus Ward v. State of Tennessee - Dissenting
W2007-01632-CCA-R3-PC
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge Paula L. Skahan

I respectfully dissent from the majority opinion’s holding that lifelong community supervision is not a direct punitive consequence of the petitioner’s pleading guilty to aggravated sexual battery. Tennessee expressly makes life supervision a part of the sentence. See T.C.A. § 39- 13-524 (providing for “a sentence of community supervision for life”). Thus, I agree with the conclusions reached in New Jersey and Nevada. See State v. Jangochian, 832 A.2d 360, 362 (N.J. Super. App. Div. 2003); Palmer v. State, 59 P.3d 1192, 1196-97 (Nev. 2002). The post-conviction court’s factual findings, though, fail to reflect whether the court accredited the petitioner’s testimony that he was unaware of this consequence at the time he signed the documents and that he would not have pled guilty had he been told about such a consequence. Thus, I

Marcus Ward v. State of Tennessee
W2007-01632-CCA-R3-PC
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Paula L. Skahan

In 2005, the petitioner, Marcus Ward, pled guilty to three counts of aggravated assault and one count each of especially aggravated kidnapping, intentionally evading arrest in a motor vehicle, and aggravated sexual battery and received an effective sentence of thirteen and one-half years. No direct appeal was taken. Subsequently, he filed a petition for post-conviction relief, alleging that his guilty pleas were not knowingly, intelligently, and voluntarily made and that he received the ineffective assistance of counsel. Following an evidentiary hearing, the post-conviction court denied the petition. This appeal is only as to his conviction for aggravated sexual battery, with the petitioner asserting that trial counsel rendered ineffective assistance by not informing him that registration as a sexual offender was a consequence of his guilty pleas, the trial court  plain error by not informing him of this registration requirement, and the post-conviction court erred in finding that the registration requirement was a “collateral,” rather than direct, consequence of his pleas. Following our review, we affirm the judgment of the post-conviction court.

Michael J. Floyd v. Cherry Lindamood, Warden
M2008-00409-CCA-R3-HC
Authoring Judge: Judge D. Kelly Thomas, Jr.
Trial Court Judge: Judge Jim T. Hamilton

The pro se petitioner, Michael J. Floyd, appeals as of right the summary dismissal of his petition for a writ of habeas corpus by the Wayne County Circuit Court. The petitioner alleges that his conviction and resulting sentence for aggravated robbery is illegal and void due to an involuntary guilty plea. Following our review, we affirm the judgment of the trial court.

Laquenton Monger v. State of Tennessee
M2008-01203-CCA-R3-CO
Authoring Judge: Judge Robert W. Wedemeyer

The Appellant, Laquenton Monger, appeals the trial court's dismissal of his petition for habeas corpus relief. The Appellant fails to assert a cognizable claim for which habeas corpus relief may be granted. Accordingly, the judgment of the trial court is affirmed.

Arthur W. Stamey, III v. State of Tennessee
E2008-01061-CCA-R3-PC
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge Amy A. Reedy

The petitioner, Arthur W. Stamey, III, appeals the dismissal of his petition for writ of error coram nobis. In this appeal, he contends that due process principles require the tolling of the one-year statute of limitations and that newly discovered, exculpatory evidence warrants coram nobis relief. Because the coram nobis court erred by summarily dismissing the petition for writ of error coram nobis, the judgment of that court is reversed, and the case is remanded for a determination of whether due process principles require the tolling of the coram nobis statute of limitations.

State of Tennessee v. Mustapha Boutchiche
E2007-00473-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Richard R. Baumgartner

The defendant, Mustapha Boutchiche, was convicted of sexual battery, a Class E felony, and sentenced as a Range I, standard offender to two years in the Department of Correction. On appeal, he argues that the trial court erred in excluding evidence that the victim was untruthful in a prior proceeding, admitting the victim’s 9-1-1 phone call, not requiring the State to make an election of offenses, and ordering that he undergo a psychosexual evaluation prior to sentencing. He also argues that his sentence was excessive because the trial court enhanced his sentence based on enhancement factors not proven to a jury beyond a reasonable doubt and denied probation because he refused to undergo the psychosexual evaluation. We affirm the defendant’s conviction and the trial court’s denial of probation but modify his sentence to one year.

State of Tennessee v. Buford C. Throneberry
M2008-00464-CCA-R3-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Judge James K. Clayton, Jr.

The defendant, Buford C. Throneberry, appeals his conviction of disorderly conduct that followed a bench trial in the Rutherford County Circuit Court. The defendant claims that the evidence was insufficient to support the conviction. Because we conclude that the State failed to prove that the defendant’s words or actions prevented anyone from carrying on lawful activities, we reverse the conviction and dismiss the charge.

Best Signs, Inc. v. Bobby King, Design Team, Inc., and City of Savannah, Tennessee
W2008-00512-COA-R3-CV
Authoring Judge: Judge J. Steven Stafford
Trial Court Judge: Judge Charles C. McGinley

Appellant purchased a commercial truck from a merchant who dealt in goods of that kind. Before obtaining good title, Appellant entrusted the merchant with the truck to allow the merchant to make agreed upon repairs. While the merchant had possession of the truck, he sold it to the Appellee. Appellant filed suit to recover the truck. The trial court found that Appellee was a bona fide purchaser in the ordinary course of business and that under Tenn. Code Ann. §47-2-403, Appellant’s entrustment of the truck to the merchant provided the merchant the authority to transfer title to the Appellee. Finding no error, we affirm.

Steven Craig Fults v. State of Tennessee
M2007-02570-CCA-R3-PC
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Don R. Ash

The petitioner was found guilty of five counts of rape, all Class B felonies; twelve counts of sexual battery by an authority figure, all Class C felonies; and seven counts of statutory rape, all Class E felonies. He was sentenced to nine years for each Class B felony, three years for each Class C felony, and one year for each Class E felony. His sentences for the Class B felonies were ordered to be served consecutively. His sentences for the Class C felonies were ordered to be served consecutively but concurrently to the Class B felonies. His sentences for the E felonies were ordered to be served consecutively but concurrently to the B felonies, for an effective sentence of forty-five years. In this post-conviction appeal, the petitioner argues that trial counsel was ineffective and that the post-conviction court erred in rejecting the challenge to his sentence because it was previously determined on appeal. After careful review, we affirm the judgment from the post-conviction court.