Joan Rutledge Mccrone v. Jason Lee Richardson
CH-01-0321-1
Trial Court Judge: Walter L. Evans

Alice Beason vs. C.A.Beason
E2002-01425-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: Daryl R. Fansler
These appeals involve an equitable distribution of the Tier II railroad retirement benefits of C.A. Beason ("Husband"). When Alice Beason ("Wife") and Husband were divorced the first time in 1989, Wife admittedly made no claim for any of Husband's Tier II benefits and was awarded none. The parties then remarried in 1992 and were divorced for the second time in 1996. A Qualified Domestic Relations Order ("QDRO") eventually was entered in the second divorce which awarded Wife 100% of Husband's Tier II benefits. After Husband became disabled, Wife began receiving all of his Tier II benefits which had accumulated during Husband's 31 years of employment with the railroad. Husband claims he then realized for the first time the true effect of the QDRO and filed a Tenn. R. Civ. P. 60.02(5) motion seeking relief from the judgment. Husband's Rule 60.02(5) motion was granted and the Trial Court entered a new QDRO awarding Wife only 100% of the Tier II benefits which had accrued during the second marriage. Wife then sought relief by Rule 60.02(5) from the judgment entered in the first divorce in 1989, asking that Trial Court to award her an equitable distribution of the Tier II benefits which had accrued during the first marriage. Wife's motion was denied. Wife appeals both decisions. On appeal, we affirm the Trial Court's decision to grant Husband relief from the judgment in the second divorce, and we also affirm the Trial Court's refusal to grant Wife relief from the judgment in the first divorce.

Eugene Kovalsky v. State of Tennessee
E2002-00441-CCA-R3-PC
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge James E. Beckner

The petitioner appeals the denial of post-conviction relief from his conviction for voluntary manslaughter, arguing that the post-conviction court erred in finding that his guilty plea was knowing and voluntary and that he received the effective assistance of trial counsel. Following our review, we affirm the denial of the petition.

Ann Utter vs. Howell H. Sherrod, Jr.
E2002-00848-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: Kindall T. Lawson
Howell H. Sherrod, Jr. ("Defendant") and Jerry A. Mooneyhan ("Dr. Mooneyhan") were partners. Defendant sued Dr. Mooneyhan regarding one of their partnership projects, Quality Dental Products. Dr. Mooneyhan died during the pendency of that matter. That suit resulted in a jury verdict for Dr. Mooneyhan that was affirmed on appeal. After the Quality Dental Products suit, Defendant withheld Dr. Mooneyhan's portion of the rents from another partnership property, the Bristol building. Ann Utter (formerly Mooneyhan) as Executrix of the Estate of Jerry A. Mooneyhan, deceased ("Plaintiff"), sued Defendant in chancery court seeking partition of the Bristol building and an accounting as to another partnership business, World Tech Fibers. Defendant claimed the chancery court lacked jurisdiction because he previously had filed a claim against the estate in probate court, which, Defendant argued, caused jurisdiction to be vested solely in the probate court. The Trial Court determined it had jurisdiction over the partition action and issues relating only to the Bristol building and World Tech Fibers. The Trial Court ordered and then confirmed partition by sale, awarded Plaintiff a judgment for certain sums related to the Bristol building and World Tech Fibers, and awarded Defendant a winding up fee as the surviving partner. Defendant and Plaintiff each appeal. We affirm in part, reverse in part, and remand.

McMinn County vs. Ocoee Environmental
E2002-00702-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: John B. Hagler, Jr.
This appeal questions the validity of a resolution enacted by Appellant McMinn County imposing a surcharge for solid waste disposal at all Class I landfills located in McMinn County. The resolution as initially passed imposed a surcharge of $4.00 per ton of waste, and was subsequently reduced by McMinn County to $2.75 per ton. Appellee Environmental Trust Company ("ETC"), which owns one of the two landfills in the county, refused to pay the surcharge, asserting that it was actually an unlawful tax. McMinn County filed this action to require ETC to pay the surcharge. The Trial Court held that the resolution imposed an unlawful tax, and granted summary judgment in favor of ETC. We affirm the judgment of the Trial Court.

Carroll Clabo vs. Great American Resorts vs. Jim Falin
E2002-01008-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: Rex Henry Ogle
Carroll Clabo and wife, Blanche Clabo; Dorothy Reed and husband, Earl Reed; Edna Myers and husband, Jerry Myers; and Kate Clabo and husband, Junior Clabo ("Plaintiffs") and Great American Resorts, Inc. ("Defendant") own neighboring properties in Gatlinburg, Tennessee. Defendant developed its property and during construction altered the natural drainage causing rainfall to be diverted onto Plaintiffs' properties. The diverted water caused a landslide that destroyed the access roadway to Plaintiffs' properties and caused damage to Carroll and Blanche Clabo's house. The Trial Court found a permanent nuisance existed and awarded all Plaintiffs damages for diminution in value and $10,000 for the damage to Carroll and Blanche Clabo's house. Defendant appeals claiming the Trial Court erred in finding a permanent nuisance. We affirm.

State of Tennessee v. Anthony Pfahler
E2002-00084-CCA-R3-CD
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge D. Kelly Thomas, Jr.

A Blount County Circuit Court jury convicted the defendant, Anthony Pfahler, of especially aggravated robbery, a Class A felony, and aggravated assault, a Class C felony. The trial court sentenced him as a Range II, violent offender to thirty-five years in the Department of Correction (DOC) for the especially aggravated robbery conviction and as a Range II, multiple offender to eight years for the aggravated assault conviction to be served consecutively. In this delayed appeal, the defendant claims (1) that the evidence is insufficient to support his especially aggravated robbery conviction; (2) that the trial court erred by denying his attorney's motion to withdraw; and (3) that his sentences are excessive. We affirm the judgments of the trial court.

Dwight Hunt, et Rel. James W. Dotson vs. Carter County
E2002-01339-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Thomas J. Seeley, Jr.

Dwight Hunt, et Rel. James W. Dotson vs. Carter County
E2002-01339-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Thomas J. Seeley, Jr.

Willard Malone vs. Judy Malone
E2002-01257-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: G. Richard Johnson
In this post-divorce case, Willard Eugene Malone (Husband) filed a motion requesting the Trial Court to decrease or discontinue his alimony payments to Judy Mae Bishop Malone (Wife). The sole basis for the motion was Husband's allegation that Wife "is cohabiting with a third person . . .and is no longer in need of the alimony paid by [Husband]." Wife denied that a reduction or elimination of alimony was appropriate, alleging that the person who had lived with her did not provide her financial support or contribution, and that he no longer lived in her trailer at the time of her answer. Wife also alleged that she remained in need of the alimony payments. The Trial Court found no substantial material change in circumstances and ordered Husband to continue paying alimony in the amount of $1000 per month. Husband appeals. We affirm the judgment of the Trial Court.

State of Tennessee v. Alvin Carroll
M2002-01012-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Robert E. Lee Davies

After being indicted for the sale of a controlled substance, the defendant filed an Affidavit of Indigency to obtain a court-appointed lawyer. The State dismissed the drug charges against the defendant and later charged the defendant with aggravated perjury, a Class D felony, regarding his answers to the trial court considering his request for a court-appointed lawyer. He was found guilty and sentenced as a Range I standard offender to two years in the Tennessee Department of Correction, with 180 days to serve and the balance on supervised probation. In this appeal, the defendant presents the following issues for review: (1) the evidence was insufficient to support the jury verdict; (2) the trial court erred in requiring the defendant to go to trial without an attorney; and (3) the trial court erred in sentencing the defendant. This is a case of first impression in Tennessee regarding an aggravated perjury conviction for making false statements to the trial court when requesting a court-appointed lawyer. We conclude the evidence is sufficient to sustain a conviction of aggravated perjury. We conclude the trial court did not err in requiring the defendant to go to trial without an attorney.

Richard Lee v. City of Lavergne
M2001-02098-COA-R3-CV
Authoring Judge: Sr. Judge Allen W. Wallace
Trial Court Judge: Robert E. Corlew, III
The cause was heard by the Chancery Court for Rutherford County, on a petition for Writ of Certiorari. The Chancellor remanded the case and ordered the City of LaVergne to provide plaintiff a hearing before the City Administrator. The City appealed. We find the appellee was an at will employee, and as such, has no property interest in his job. Therefore, a due process claim is inapplicable. Appellee relies upon the City of LaVergne Employee Manual. The Manual does not contain clear and binding language to create a contract of employment, and does not create any property rights in appellee. Therefore, the judgment of the Chancellor is reversed.

State of Tennessee v. James Thomas Erwin
M2001-01581-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Lillie Ann Sells

The defendant contends the trial court erred in sentencing him to eleven years for a Class B felony of selling a Schedule II controlled substance, instead of the presumptive minimum sentence of eight years. The defendant also contends the trial court erred in ordering his sentences to run consecutive to a sentence in another county. Absent a sentencing hearing transcript, we conclude the record is inadequate for appellate review, and we must presume the sentences imposed for the Class B felony are correct. Moreover, we note the judgment forms reflect the defendant was sentenced to eleven years on two additional Class C felony convictions of selling less than .5 grams of a Schedule II controlled substance. These sentences exceed the statutory range of punishment prescribed for Class C felonies and are illegal. We affirm the judgment from the trial court as related to the defendant's Class B felony convictions and remand the defendant's two Class C felony convictions for correction or for resentencing within the proper statutory range of punishment.

State of Tennessee v. Curtis Halliman
M2001-03094-CCA-R3-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Judge Timothy L. Easter

Following the defendant's guilty pleas to the offenses of theft over $1,000 and burglary, both Class D felonies, the trial court sentenced him to concurrent three-year terms in the Department of Correction. In this appeal, the defendant posits that minimum, two-year terms of probation, Community Corrections, or split confinement are more appropriate measures. We disagree, however, and affirm.

Richard Leonard Mendoza v. State of Tennessee
M2001-01855-CCA-R3-PC
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Judge Walter C. Kurtz

The petitioner, Richard Leonard Mendoza, appeals the denial of his petition for post-conviction relief, which alleged ineffective assistance of counsel in connection with his guilty pleas to aggravated sexual battery and that his guilty pleas were involuntary. Additionally, he insists that the post-conviction court erroneously denied funding for expert psychological services at the post-conviction level. After a thorough review of the record, we are unpersuaded that the post-conviction court's rulings, findings and conclusion are anything other than proper, and we affirm the judgment.

Pacific Design Ventures v. Big River Breweries
M2001-02395-COA-R3-CV
Authoring Judge: Sr. Judge Allen W. Wallace
Trial Court Judge: Irvin H. Kilcrease, Jr.
The Chancery Court of Davidson County granted summary judgment and dismissed appellants' suit. On appeal, the appellants argue the Chancellor erred in striking their response to appellees' statement of undisputed facts, amended complaint and affidavit supporting the amended complaint as being late-filed. We find the Chancellor did not abuse his discretion, and we also find summary judgment was appropriate. Therefore, we affirm.

Michael Russo v. State of Tennessee
M2001-02746-CCA-R3-PC
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge Cheryl A. Blackburn

The petitioner, Michael Russo, filed a petition for post-conviction relief alleging the ineffective assistance of counsel. The post-conviction court denied the petition and the petitioner timely appealed. Finding no error, we affirm the judgment of the post-conviction court.

State Dept of Children's Srvcs v. D.D.B.
M2002-00523-COA-R3-JV
Authoring Judge: Judge Stella L. Hargrove
Trial Court Judge: John J. Hestle
This appeal arises from the termination of parental rights by the juvenile court. We affirm the juvenile court.

State of Tennessee v. Robert Miller
W2002-00640-CCA-R3-CD
Authoring Judge: Presiding Judge Gary R Wade
Trial Court Judge: Judge Roger A. Page

The defendant, Robert Miller, who represented himself at trial, was convicted of vandalism over $500 and criminal trespass. After the trial, the defendant was appointed counsel. The trial court ordered concurrent sentences of two years and thirty days, respectively, with all but ten days suspended, to be served in community corrections. In this appeal of right, the defendant asserts (1) that he did not knowingly and voluntarily waive his right to counsel; (2) that the trial court erred by the omission of a jury instruction; and (3) that the evidence was insufficient. Because the defendant was denied the assistance of counsel at trial, the judgments of conviction are reversed and the causes are remanded for a new trial.

State of Tennessee v. Johnnie C. Weems
M2002-01857-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge Michael R. Jones

The defendant, Johnnie C. Weems, pled nolo contendere to three separate counts of Class C felony vehicular homicide, was sentenced as a Range I standard offender to five years on each count to run concurrently, and was denied alternative sentencing. On appeal, he contends the sentences are excessive and the trial court erred in denying alternative sentencing. We affirm the judgments of the trial court.

State of Tennessee v. David L. Groom
M2002-00798-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge Carol L. Soloman

The defendant, David L. Groom, pled guilty to driving under the influence, reserving a certified question of law. On appeal, the defendant contends, pursuant to the certified question of law, that the trial court erred in denying his motion to suppress evidence resulting from an unlawful arrest or seizure. We affirm the judgment of the trial court.

Connie Parsons v. State of Tennessee
M2002-00807-CCA-R3-CO
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge Hamilton V. Gayden, Jr.

The petitioner, Connie Parsons, pled guilty to two counts of criminal responsibility for facilitation of rape of a child and was sentenced to an effective sentence of twenty years in the Tennessee Department of Correction. On September 17, 2001, the petitioner filed pro se in the Davidson County Circuit Court a petition for habeas corpus relief, alleging that the trial court impermissibly interfered in the plea negotiations and, thus, her convictions were void. The habeas corpus court dismissed the petition and the petitioner timely appealed. Upon review of the record and the parties' briefs, we affirm the judgment of the habeas corpus court.

State of Tennessee v. Consuela P. Carter
M2002-01100-CCA-R3-CD
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge Don R. Ash

The defendant, Consuela P. Carter, appeals the Rutherford County Circuit Court's denial of full probation for her conviction for possessing with intent to sell less than one-half gram of cocaine, a Class C felony. She was sentenced to five years, with probation after serving nine months. We affirm the judgment of the trial court.

Dept of Human Srvcs. / Dept of Children Srvcs. v. Debra Wilson
M2002-00233-COA-R3-JV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Larry G. Ross

Dept of Human Srvcs. / Dept of Children Srvcs. v. Debra Wilson
M2002-00233-COA-R3-JV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Larry G. Ross