State of Tennessee v. William Glenn Wiley
M1999-02487-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge Walter C. Kurtz

William Glenn Wiley was convicted by a Davidson County jury of felony murder and especially aggravated robbery. Wiley was sentenced to life without the possibility of parole for the murder conviction and sentenced to twenty-five years for the robbery conviction, with the sentences to run concurrently. On appeal, Wiley raises the following issues for our review: (1) whether the evidence at trial was sufficient to support the conviction for felony murder; (2) whether the evidence was sufficient to support the conviction for especially aggravated robbery; (3) whether the evidence was sufficient to support the jury's reliance on two aggravating factors when imposing a sentence of life without the possibility of parole; and (4) whether the trial court erred by not instructing the jury on the theory of self-defense. After review, we find no error and affirm the judgment.

Pyamid Computers vs. Ben Gasparro
W1999-01784-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Roger A. Page
This case involves a business relationship between Pyramid Computers, Inc., and Ben Gasparro. Mr. Gasparro purchased computer equipment and related services from Pyramid for use in his businesses. Mr. Gasparro also sold Pyramid computers to his clients. Pyramid sued and alleged that Mr. Gasparro owed it $14,446.32. The trial court entered judgment for Pyramid in the amount of $11,989.32. Pyramid appeals, alleging that the trial court erred in reducing the amount it sought and that the trial court erred in denying prejudgment interest

Darryl J. Ross v. State of Tennessee
W2000-00531-CCA-R3-PC
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge Carolyn Wade Blackett

The Defendant was convicted in two jury trials of six counts of aggravated robbery and one count of attempted aggravated robbery. He received an effective sentence of sixty years for these crimes. The Defendant subsequently pled guilty to three additional counts of aggravated robbery, one additional count of attempted aggravated robbery, and one count of theft. After an unsuccessful appeal of his second trial, the Defendant filed for post-conviction relief, alleging ineffective assistance of counsel. After a hearing the post-conviction court denied relief, which ruling the Defendant now appeals. We affirm the judgment of the post-conviction court.

Billy Walker vs. State
W2000-03079-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
This is a medical malpractice action before the Tennessee Claims Commission. The Commission found that the evidence presented by the plaintiff was insufficient to establish that the defendant's employees failed to meet the required standard of care. The plaintiff appealed the decision of the Claims Commission, asserting that the Commission improperly reviewed medical sources not presented at trial. We affirm, finding that the Commission did not base its decision on information outside the record and that any such review was harmless error.

State of Tennessee v. Clement Dale Potter
M2000-01420-CCA-R9-CO
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge J. S. (Steve) Daniel

In this Rule 9 interlocutory appeal, the defendant, an incumbent district attorney general, appeals the trial court's denial of his motion to dismiss a presentment returned against him by the grand jury. He asserts that the General Assembly, in Tennessee Code Annotated section 8-6-112, vested the sole or exclusive authority to investigate and prosecute an incumbent district attorney general in the Attorney General and Reporter's office. After review, we disagree with the defendant and affirm the trial court's denial of the defendant's motion.

State of Tennessee v. Jeffrey E. Copeland
W2000-00346-CCA-R3-CD
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge Russell Lee Moore, Jr.

The defendant appeals from his conviction for vehicular homicide, contesting the sufficiency of the evidence and the denial of his motion to suppress the result of his blood alcohol test. We affirm the judgment of the trial court.

State of Tennessee v. Johnny F. Dugger
E2000-02385-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Robert E. Cupp

The defendant pled guilty to four charges arising out of events in Carter County and thirteen charges arising out of events in Washington County. Other than a forgery charge in Carter County, the charges all stemmed from criminal acts occurring on March 12, 1999, when the defendant and a friend broke into two vehicles parked at a local night spot in Johnson City, stealing various pieces of sound equipment. When confronted by two security guards, the defendant knifed one guard and ran into the other with his car. A high-speed chase involving the defendant and officers of the Johnson City Police Department ensued. The chase, crisscrossing between Washington and Carter Counties, ended with the apprehension of the defendant, who was subsequently charged with, and pled guilty to: DUI; driving with a suspended license; aggravated assault of the two security guards; felony evading arrest (two counts); automobile burglary (two counts); theft under $500 (two counts); aggravated assault of two Johnson City police officers; and assault of another officer. According to a plea agreement, the defendant received an effective sentence of eight years as a Range I, standard offender. The trial court denied probation and any community-based alternative to incarceration and ordered that the defendant serve his sentence in the Tennessee Department of Correction. In this appeal, the defendant presents one issue for our review: whether the trial court appropriately sentenced him as to the manner of service of his sentence. The judgment of the trial court is affirmed.

State of Tennessee v. Marsha L. McClellan
E2000-02373-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Phyllis H. Miller

The defendant pled guilty to one count of theft of property over $1,000, and one count of conspiracy to commit theft of property over $1,000. The trial court sentenced her to concurrent sentences of two years on each conviction, suspended, with the defendant placed on four years of probation, and ordered to pay $10,000 restitution at $225 per month for the duration of her probationary period. In this appeal as of right, the defendant argues that the trial court abused its discretion in denying her request for judicial diversion. Based upon our review, we affirm the judgment of the trial court.

State of Tennessee v. Andre Dwayne Tucker
E2000-00932-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge Douglas A. Meyer

The defendant was convicted by a Hamilton County jury of aggravated assault, a Class C felony. The defendant now contends: (1) the evidence was insufficient to sustain his conviction; and (2) his sentence is excessive. After a thorough examination of the record, we affirm the judgment of the trial court.

Joseph A. Hough v. State of Tennessee
E2000-00945-CCA-R3-PC
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Kindall T. Lawson

In February 2000, the petitioner filed a petition for post-conviction relief, setting out several claims as to the invalidity of his June 12, 1998, DUI guilty plea in the Greene County General Sessions Court. He had not appealed the plea of guilty but claimed that his post-conviction petition was timely because he had a "mental disability," which tolled the running of the applicable statute of limitations. The post-conviction court concluded that the petition was untimely and dismissed it. Finding that the allegations of "mental disability" are insufficient to toll the statute, we agree that the dismissal of the petition was proper. Further, we find that the notice of appeal was not timely filed.

Joseph A. Maine v. State of Tennessee
E2000-01813-CCA-R3-PC
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge Richard R. Vance

On May 12, 1998, the petitioner, Joseph A. Maine, pled guilty in the Cocke County Circuit Court to one count of first degree murder and one count of conspiracy to commit first degree murder. The trial court sentenced the petitioner to life imprisonment in the Tennessee Department of Correction for the murder conviction and to twenty-five years incarceration in the Department for the conspiracy conviction. The petitioner filed a pro se petition for post-conviction relief alleging that his convictions were based upon unlawful guilty pleas, that his convictions were based on a violation of the privilege against self-incrimination, and that his plea counsel was ineffective. The post-conviction court appointed counsel, and an amended petition was filed contending that the petitioner was misinformed about his release eligibility date. The post-conviction court dismissed the petition for relief without holding an evidentiary hearing, and the petitioner appeals that dismissal. Upon review of the record and the parties' briefs, we reverse the judgment of the post-conviction court and remand this case for an evidentiary hearing.

Mcarthur Davis v. Komatsu America Industries
M2000-01373-SC-R-23-CQ

Custom Built Homes, v. G.S. Hinsen Company, Inc.
01A01-9511-CV-00513
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Judge Henry Denmark Bell

This appeal arises out of a dispute over the workmanship of residential renovations. The interior designer hired by the owner to undertake the renovations withheld final payment to the contractor who performed the work because the owner was dissatisfied with the renovations. After the contractor obtained a judgment against the interior designer in the Williamson County General Sessions Court, the interior designer perfected an appeal to the Circuit Court for Williamson County and filed a counterclaim against the contractor. Following a bench trial, the trial court dismissed the interior designer’s claims against the contractor and entered a judgment against the interior designer for the remaining balance of the construction contract. The interior designer has appealed. While the trial court erroneously concluded that the Contractor’s Licensing Act of 1976 prevented the interior designer from pursuing its claims against the contractor, we have concluded that the trial court reached the proper result. Accordingly, we affirm the judgment.

State of Tennessee v. John Calvin Smith
E2000-01109-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge Douglas A. Meyer

The defendant pled guilty to two counts of felonious possession of a weapon with an agreed sentence of two consecutive two-year terms. In this appeal, the defendant challenges the trial court's denial of alternative sentencing. Upon review of the record, we affirm the trial court's denial of alternative sentencing.

Bridgestone/Firestone, Inc. v. Fernando Gonzales
M1999-02037-WC-R3-CV
Authoring Judge: Weatherford, Sr. J.
Trial Court Judge: Charles D. Haston, Chancellor
The defendant/counter-plaintiff, Fernando Gonzales appeals the judgment of the Chancery Court of Warren County, where the trial court found that Mr. Gonzales retained a five percent (5%) permanent vocational disability to his right and left upper extremities for his work- related bilateral carpal tunnel syndrome. For the reasons stated in this opinion, we modify the judgment of the trial court and award Mr. Gonzales a twenty percent (2%) permanent vocational disability.

Marie Moyers, v. Kemper Insurance Companies, et al.
E2000-01729-WC-R3-CV
Authoring Judge: John K. Byers, Sr. J.
Trial Court Judge: Ben Hooper, II, Circuit Judge
The trial court found the plaintiff's husband suffered a fatal heart attack arising out of his employment with the defendant and entered judgment accordingly. The trial court found the heart attack was caused by emotional stress rather than physical exertion. The defendant asserts the evidence preponderates against the finding of the trial court. We find the evidence does not support the judgment of the trial court. We, therefore, reverse the judgment of the trial court and dismiss this case.

Connie Harris and Danny Harris vs. Marriott, Inc., & Fibercare, Inc.
M1999-00096-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Russell Heldman
This is a slip and fall case. The plaintiff filed her complaint barely within one year of the injury, but did not cause process to issue until six months later. Both defendants moved to dismiss plaintiff's case as time-barred under the one-year statute of limitations. The trial court granted the motions. We reverse and remand, finding that under Rule 3 of the Tennessee Rules of Civil Procedure, the plaintiff can rely on the filing of her complaint to toll the statute of limitations so long as the plaintiff causes process to issue within one year of the filing of the complaint.

R.G. Burnett vs. James Swafford & Rhonda Swafford
M1999-01648-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Billy Joe White
This appeal arises from an oral contract between a landlord and tenant. The plaintiff operated a grocery and leased a grocery store to the defendant for a period of ten years, pursuant to a written lease. The parties had a separate oral agreement in which the defendant agreed to buy the plaintiff's business. When the defendant vacated the property at the end of the lease, the parties disagreed as to whether the oral agreement included a purchase of the store equipment. The trial court found that the plaintiff had converted certain items belonging to the defendant, and entered a judgment in favor of the defendant for $5,000. We find that the trial court's decision is based on its determinations of credibility, and affirm.

Randall Jordan vs. CSX Transportation, Inc.
M1999-01415-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Hamilton V. Gayden, Jr.
This is a suit by an employee against his employer, a railroad operator, under the Federal Employers' Liability Act. The employee alleged that he suffered injuries caused by chemical solvents used by the employer. Prior to trial, the employer made an offer of judgment under Rule 68 of the Tennessee Rules of Civil Procedure. This offer was refused. After the trial, the jury found that the employee failed to prove that his injuries were caused by the chemical solvents. The employer moved for an award of costs not included in the court clerk's bill of costs, under Rules 68 and 54.04 of the Tennessee Rules of Civil Procedure. The employee moved for a new trial. The trial court denied both parties' motions, and both parties appealed. We affirm the trial court's denial of both parties' motions.

Marvin Matthews v. State of Tennessee
W1999-00833-CCA-R3-PC
Authoring Judge: Presiding Judge Gary R Wade
Trial Court Judge: Judge Carolyn Wade Blackett

The petitioner, Marvin Matthews, appeals the trial court's dismissal of his petition for post-conviction relief. Because the petition is barred by the statute of limitations, among other reasons, the judgment of the trial court is affirmed.

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Jerry L. Cox v. State of Tennessee
E2000-02044-CCA-R3-PC
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Judge R. Jerry Beck

Jerry L. Cox appeals from the Sullivan County Criminal Court's denial of motions in which he raised various claims related to sentence calculation and sentence validity. In part, Cox seeks the benefit of various sentence credits for the sentence he is presently serving in the Department of Correction. He also alleges that one of his sentences is void or has expired. Because there is no appeal as of right from the denial of Cox's motions challenging his sentences, we dismiss the appeal.

Charles Frank Griffin v. State of Tennessee
E2000-00584-CCA-R3-PC
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Judge Douglas A. Meyer

The Hamilton County Criminal Court dismissed Charles Griffin's petition for post-conviction relief. Asserting claims of ineffective assistance of counsel, he appeals. Finding no error, we affirm.

State of Tennessee v. Jeffrey T. Siler
E2000-01570-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge Mary Beth Leibowitz

Defendant was convicted by a Knox County jury of the offense of felony murder and received a life sentence. He raises the following two issues on appeal: (1) whether the trial court erred in denying his motion to suppress his confession; and (2) whether the trial court erred in disallowing certain expert testimony. We affirm the judgment of the trial court.

State of Tennessee v. Thomas Faulkner, Jr.
E2000-00309-CCA-R3-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Judge Rex Henry Ogle

Thomas J. Faulkner, Jr. stands convicted of four counts of attempted first degree murder and one count of theft over $1,000. He received his sentence at the conclusion of a jury trial in the Grainger County Circuit Court and is presently serving an effective 73-year sentence for these crimes. In this direct appeal, he raises numerous issues related to admission of evidence, release of a juror, sufficiency of the evidence, severance, jury instructions and sentencing. Upon review, we are unpersuaded of error and therefore affirm the judgment of the trial court.