State of Tennessee v. Walter McGill
E2001-01074-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge Ray L. Jenkins

The appellant, Walter McGill, pled guilty to one count of sexual battery by an authority figure and was sentenced to five years incarceration in the Tennessee Department of Correction. On appeal, the appellant contends that the trial court erred in failing to grant him full probation, or, in the alternative, split confinement. Upon review of the record and the parties' briefs, we affirm the judgment of the trial court.

Stephen Cantrell v. Martin Sir
M2001-00272-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Barbara N. Haynes
This appeal involves a trial court's grant of summary judgment, which dismissed a doctor's claim for malicious prosecution against an attorney. The attorney had drafted a complaint for a former patient of the doctor that was filed by the patient pro se several years prior to the initiation of the present suit. The patient's claim was ultimately dismissed, prompting the doctor to file suit against the attorney who drafted the complaint. The trial court found that the doctor was unable to show a basis for finding malice or damages and granted summary judgment in favor of the attorney. For the following reasons, we affirm.

Thomas Milam v. Donna Milam
M2001-00498-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Muriel Robinson
By decree the husband was ordered to pay $4500 per month in child support and $2500 per month in alimony for forty-eight months. After a change in his employment, Husband petitioned the court for a reduction in alimony and child support. The trial court denied the petition and ordered the husband to pay the wife's attorney's fees. We affirm.

State of Tennessee v. Jack Clayton Moberly, Jr.
M2001-01279-CCA-R3-CD
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge Robert E. Burch

The defendant, Jack Clayton Moberly, Jr., was convicted by a Dickson County Circuit Court jury of aggravated robbery, a Class B felony, conspiracy to commit robbery, a Class D felony, and aggravated assault, a Class C felony. The trial court sentenced him as a Range I, standard offender to concurrent sentences of ten years for the aggravated robbery conviction, two years for the conspiracy to commit robbery conviction, and four years for the aggravated assault conviction. The defendant appeals his aggravated robbery conviction, claiming that the indictment fails to allege that offense. We affirm the judgment of the trial court.

Lynward Jackson v. Joyce Allen & Billy Allen
M2000-01673-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: James E. Walton
This is a personal injury case. The plaintiff sued the defendants for back injuries he sustained in a car accident. The jury returned a verdict in favor of the plaintiff on several elements of damage, including damages for permanent injury and for future pain and future loss to enjoyment of life. The defendants moved for judgment notwithstanding the verdict on these elements of damage only. The trial judge denied the motion. The defendants now appeal. We affirm, finding that material evidence exists to support the jury's conclusion that the accident partially caused the plaintiff's injuries.

State of Tennessee v. Georgia Lucinda Hagerty
E2001-01254-CCA-R10-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Judge Lynn W. Brown

We granted an extraordinary appeal, pursuant to Tennessee Rules of Appellate Procedure 10(a), to consider the Washington County Criminal Court’s denial of the defendant’s ex parte motion seeking funds for expert services, as outlined in Tennessee Supreme Court Rule 13 and the holding in State v. Barnett, 909 S.W.2d 423 (Tenn. 1995). We stayed the trial court’s proceedings pending our consideration of this issue. Upon a thorough review of the record in this case, the briefs of the parties, and the applicable law, we reverse the ruling of the trial court, remand for further proceedings consistent with our opinion, and lift the previously ordered stay so that trial court proceedings may resume.

Chattanooga Regional Transportation Authority vs Gerald D. Autry
E2001-01419-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: Howell N. Peoples
This is an appeal by a former employee, Gerald D. Autry, of Chattanooga Area Regional Transportation Authority, seeking unemployment benefits. The Chancellor overturned the determination of the three separate Administrative Tribunals and found Mr. Autry was not entitled to unemployment compensation. We affirm.

Nicolaie Lucescu v. Twin City Motors, Inc.
E2001-00672-WC-R3-CV
Authoring Judge: W. Neil Thomas, III,
Trial Court Judge: Telford Fogerty, Jr., Chancellor
The issue presented by this appeal is whether there is evidence to support the finding of the trial court that the hernia experienced by the employee occurred before the date of the report of the accident and is, therefore, not compensable under the Hernia Statute, T.C.A. _5-6-212. After a review of the record and the briefs and after consideration of the arguments of counsel, we find that the trial court simply chose to believe the plaintiff's treating physician rather than the plaintiff as to when the hernia occurred. We, therefore, affirm.

State of Tennessee v. Kerwin Dowell - Order
M2001-00970-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge Michael R. Jones
Defendant appeals the length of his sentences on four counts of aggravated burglary. We affirm pursuant to Rule 20, Rules of the Court of Criminal Appeals

Richard Madkins vs. State
W2001-03002-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Plaintiff was convicted of especially aggravated robbery and attempted felony murder. The trial court sentenced Plaintiff to two consecutive sentences of sixty years for each count. In an opinion filed on March 22, 1999, the Tennessee Supreme Court reversed Plaintiff's conviction for attempted felony murder, concluding that the offense did not exist in Tennessee. On March 28, 2001, Plaintiff sued the State of Tennessee in the Division of Claims Administration. The State filed a motion to dismiss Plaintiff's action, which the Claims Commission granted. Plaintiff appeals the decision of the Claims Commission. We affirm.

Melissa Taylor vs. Terry Taylor Jr.
W2001-02247-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Joe C. Morris
Husband moved the trial court to set aside a default judgment and permanent parenting plan in this divorce action on the basis that the final decree and permanent parenting plan differed significantly from the relief sought in the complaint and temporary parenting plan filed by Wife. The trial court denied the motion and Husband appeals. We reverse the decision of the trial court insofar as it failed to grant Husband the relief sought.

State of Tennessee v. Christopher Campbell
W2001-01916-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge Carolyn Wade Blackett

The Appellant, Christopher Campbell, appeals the sentencing decision of the Shelby County Criminal Court following his jury conviction for aggravated robbery. At sentencing, the trial court ordered that Campbell's eight-year sentence in this case be served consecutively to three prior convictions for aggravated robbery. On appeal, Campbell argues that the trial court erred in ordering consecutive sentences. Because the trial court failed to recite any reasons for imposing consecutive sentences as required by Rule 32, Tennessee Rules of Criminal Procedure, we are unable to perform appellate review of the sentencing issue. Accordingly, the case is remanded for determination of consecutive sentencing as provided by Rule 32.

Offroad Performance vs. John Walls
W2001-02563-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Robert L. Childers
This is a breach of contract case. The parties had an oral contract for the sale of goods. The plaintiff seller asserted that the parties orally agreed on a price of $23,000; the defendant buyer paid $10,000 in advance of shipment. The buyer maintained that his $10,000 payment was the entire agreed sale price. The trial court found that the sale price was $23,000. The defendant appeals, arguing that Tennessee's statute of frauds prohibited enforcement of the contract beyond the price admitted by the defendant. We affirm, finding that, once the defendant admitted the existence of an oral contract, the trial court could determine the contract's terms based on witness testimony and other relevant evidence.

Larry Littles vs. Donal Campbell
W2002-00265-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Martha B. Brasfield
Petitioner, an inmate of the Tennessee Department of Correction, filed a petition for writ of certiorari, seeking judicial review of a disciplinary hearing at which the disciplinary board found him guilty of Conspiracy to Violate State Law and sentenced him to punitive segregation. The trial court granted respondents' motion to dismiss for, inter alia, failure to state a claim. We affirm.

W2002-00301-COA-R3-CV
W2002-00301-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Martha B. Brasfield

State of Tennessee v. Michael Wqyne Belcher
E2001-00515-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Robert E. Cupp

The defendant appeals his convictions for aggravated burglary and possession of burglary tools. After a review of the record, we conclude that the defendant was not prejudiced by the State’s failure to redact an obscure reference to the defendant’s probation status from an audio taped statement that was played at trial. However, we are unable to find sufficient evidence to establish that the defendant had a hammer and screwdriver in his automobile with the intent to commit burglary. Therefore, the defendant’s conviction for possession of burglary tools, a Class A misdemeanor, is reversed and dismissed. The aggravated burglary conviction is affirmed.

State of Tennessee v. Hamadi G. Haley
E2001-01244-CCA-R3-CD
Authoring Judge: Presiding Judge Gary R Wade
Trial Court Judge: Judge Mary Beth Leibowitz

The defendant, Hamadi G. Haley, was convicted of felony murder, especially aggravated robbery, and aggravated robbery. The trial court imposed a sentence of life with the possibility of parole for the felony murder, 17 years for the especially aggravated robbery, and eight years for the aggravated robbery, with all terms to be served concurrently. In this appeal of right, the defendant claims that he was denied access to material witnesses by the state and that he should have been granted a new trial based on newly discovered evidence. The judgments of the trial court are affirmed.

Jackie William Crowe v. State of Tennessee
E2001-01559-CCA-R3-PC
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge Carroll L. Ross
Jackie W. Crowe appeals from the McMinn County Criminal Court's denial of his post-conviction motion to dismiss the indictments against him. Crowe, who is incarcerated in the Department of Correction on convictions of rape and incest, is proceeding pro se. Because he has already exhausted his one opportunity for post-conviction relief and because his motion does not comply with the requirements for a habeas corpus proceeding, we dismiss the appeal.

Melody Knowles v. Jack Knowles
M2001-01282-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Russell Heldman
Wife sued for divorce on grounds of inappropriate marital conduct and adultery. The trial court granted Wife an absolute divorce, awarded her alimony in futuro and attorney fees, and ordered Husband to pay Wife's health insurance costs. Husband appeals. We reverse in part and affirm in part.

Ben Houston v. Michele Houston
M2001-02538-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Muriel Robinson
In this post-divorce proceeding, the appellant, Ben Thomas Houston (hereinafter "Father"), filed a petition for modification of child support. The trial court increased Father's child support obligation and awarded the appellee, Michelle Houston (hereinafter "Mother"), attorney's fees. Father appeals. We affirm.

Sherry Hall v. Mark Hall
M2000-01788-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Royce Taylor
This is a divorce case. The wife was awarded more than half of the martial assets and alimony in futuro in amounts that would step down after three years and end when the wife reaches retirement age. In addition, the trial court awarded the wife, in lieu of attorney's fees, ownership in a life insurance policy on the husband's life. The husband now appeals the trial court's division of marital property, the award of alimony in futuro, and the award relating to attorney's fees. We affirm the trial court's division of marital property and the award relating to attorney's fees, but we reverse the trial court's award of alimony in futuro and instead award rehabilitative alimony.

Nakia Rumph v. State of Tennessee
W2001-02066-CCA-R3-PC
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge Clayburn L. Peeples

The Appellant, Nakia Rumph, appeals from the dismissal of his petition for post-conviction relief. In 2000, Rumph pled guilty to two counts of aggravated sexual battery and was sentenced to eight years imprisonment on each count. On appeal, Rumph challenges the validity of his guilty plea upon grounds of: (1) voluntariness and (2) ineffective assistance of counsel. After review, we affirm the judgment of the Madison County Circuit Court dismissing the petition.

State of Tennessee v. Elwood Jeffrey Barrigher
W2001-02238-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge William B. Acree

The Appellant, Elwood Jeffrey Barrigher, appeals the judgment of the Obion County Circuit Court revoking his placement in the Community Corrections program and reinstating his original nine-year sentence in the Department of Correction. Prior to his revocation, Barrigher was serving a nine-year Community Corrections sentence, which stemmed from his 1999 class B felony conviction for delivery of a Schedule II controlled substance. Finding no abuse of discretion, we affirm the revocation.

State of Tennessee v. Johnny Moffitt
W2001-00781-CCA-R3-CD
Authoring Judge: Presiding Judge Gary R Wade
Trial Court Judge: Judge Roy Morgan

The defendant, Johnny Moffitt, entered a plea of guilt to second degree murder. The trial court imposed a Range I sentence of 10 years. By agreement, the defendant reserved a certified question of law. See Tenn. R. Crim. P. 37. The issue presented in this appeal is whether the trial court should have dismissed the charge due to the loss or destruction of evidence. The judgment is affirmed.

State of Tennessee v. Bradley R. Fulcher
M2001-01864-CCA-R3-CD
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge Timothy L. Easter
The defendant, Bradley R. Fulcher, appeals the Williamson County Circuit Court’s denial of alternative sentencing for his convictions for aggravated burglary, a Class C felony, and theft of property valued over one thousand dollars but less than ten thousand dollars, a Class D felony. We affirm the judgments of the trial court.