Brenda Tipton vs. Richard Jones, et al
E2000-01860-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: Samuel H. Payne
Brenda L. Tipton ("Plaintiff") filed this lawsuit seeking damages for personal injury. Allstate Insurance Company ("Allstate"), Plaintiff's uninsured motorist carrier, filed a motion in limine seeking to exclude portions of the testimony of Plaintiff's treating physician because it was not based upon a reasonable degree of medical certainty. Allstate also claimed that the jury verdict was excessive and it was entitled to a remittitur or a new trial. We affirm the Trial Court's evidentiary rulings and its refusal to grant a remittitur or new trial.

State of Tennessee v. Stephen Lester Thomas
M2000-02440-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Donald P. Harris

The defendant was charged in the Williamson County Circuit Court with DUI, first offense, after a police officer observed him operating his vehicle in an erratic fashion. A videotape was made and admitted into evidence of the defendant's taking field sobriety tests, upon which the officer testified that he did poorly. Following his conviction for this offense, the defendant timely appealed. In his appeal, he raised several issues, including the refusal of the trial court to instruct as to a lesser-included offense, complaints about the admission of evidence, the conduct of the trial, and rulings of the trial court. Based upon our review, we affirm the judgment of the trial court.

Patrick E. Simpson v. State of Tennessee
M2001-02021-CCA-R3-CO
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge Steve R. Dozier
The petitioner originally pled guilty, pursuant to a negotiated plea agreement, to two counts of aggravated assault for agreed sentences of three years on each count, to run concurrently with each other but consecutively to a parole violation. The petitioner over two years later filed a "Petition for Review of Sentence" with the trial court alleging the judgment form omitted mention of the agreed upon pretrial jail credits. The trial court dismissed the petition finding it was without jurisdiction since the petitioner was "serving his sentence with TDOC for his parole violation." The petitioner challenges this ruling in this appeal, and additionally alleges he is serving his sentence in the Department of Correction, rather than at the Davidson County Workhouse, in contravention of his written plea agreement. We dismiss the appeal.

Robert Fahey vs. Fabien Eldridge & Eldridge Auto Sales, Inc.
M1999-00500-SC-R11-CV
Authoring Judge: Justice William M. Barker
Trial Court Judge: Clara W. Byrd
The primary issue presented in this case is whether the Court of Appeals erred in finding that the defendants waived all issues on appeal by failing to specifically state these issues in their motions for a new trial as required by Tennessee Rule of Appellate Procedure 3(e). The defendants were found liable by a jury for the assault and battery of the plaintiff, and they were ordered to pay compensatory and punitive damages in the amount of $1.75 million. The defendants filed motions for a new trial, which were denied by the trial court, in part, because the alleged errors were not specifically enumerated. On appeal, the Court of Appeals found that the alleged errors were not stated with sufficient specificity in the motions so as to preserve them for appeal, and it dismissed all issues before it. The defendants then requested permission to appeal to this Court. We hold that the defendants' motions for a new trial did set forth several issues for review in compliance with Rule 3(e), and we remand this case to the Court of Appeals for a determination of these issues on their merits.

State of Tennessee v. Pharez N. Price
M2000-01227-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Timothy L. Easter

The defendant was convicted by a Lewis County jury of criminal responsibility for facilitation of a felony and possession of drug paraphernalia. The underlying felony conviction was for possession of cocaine in an amount of .5 gram or more with intent to sell or deliver. The defendant's brother pled guilty to this felony, a Class B felony. The defendant was sentenced as a Range II, multiple offender to nine years in continuous confinement on the facilitation conviction and eleven months and twenty-nine days in the workhouse on the drug paraphernalia conviction, with the sentences to be served concurrently for an effective sentence of nine years. In this appeal as of right, the defendant contends that his sentence on the facilitation conviction was inappropriate both as to length and manner of service. Having reviewed the limited record, we conclude that the sentence is appropriate and therefore affirm the decision of the trial court.

Donnie Wheeler, et al. v. State of Tennessee
M1999-02453-CCA-R3-PC
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Leon C. Burns, Jr.

ThePetitioners filed pro-se petitions for post-conviction relief on September 25, 1997, in accordance with the Post Conviction Relief Act. Tenn. Code Ann. § 40-30-101. Amended petitions were subsequently filed by court appointed counsel on November 14, 1997. The Petitioners’ petitions were later dismissed and this appeal followed. In this appeal, the Petitioners set forth several grounds upon which they claim that post-conviction relief should have been granted. Specifically, the Petitioners allege ineffective assistance of counsel, claiming that counsel: failed to file a motion for judgment of acquittal; failed to appeal the judgment of conviction for second degree murder; failed to dismiss two jurors who were alleged to be biased against the Petitioners, which resulted in a denial of their right to a fair and impartial jury; failed to interview and cross-examine a witness of the State’s; and failed to file a motion to suppress photographs that were entered into evidence.  Petitioner Donnie Wheeler also contends that post-conviction relief should have been granted because counsel failed to request an instruction on the lesser-included offense of criminal responsibility for the facilitation of a felony, and because the trial court failed to charge the jury with the same lesser-included offense. After careful examination of the issues set forth herein, we affirm the post-conviction court’s denial of post-conviction relief to the Petitioners.

Donnie Wheeler, et al. v. State of Tennessee - Concurring
M1999-02453-CCA-R3-PC
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge Leon C. Burns, Jr.

I join the court's opinion and agree with its holding in affirming dismissal of the petition; however, because I do so for different reasons, I write separately.

Donnie Wheeler, et al. v. State of Tennessee - Concurring
M1999-02453-CCA-R3-PC
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge Leon C. Burns, Jr.

I concur in the results reached by the majority on all of the issues and in the rationales employed to reach the results in all but one issue, that being the ineffectiveness of counsel regarding the failure to instruct the jury on the lesser offense of facilitation. I respectfully would have taken a different approach in resolving this issue.

George Milton Brooks v. State of Tennessee
W2000-00214-CCA-R3-PC
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge Lee Moore

The petitioner, George Milton Brooks, appeals as of right from the Dyer County Circuit Court's denial of his petition for post-conviction relief. Petitioner contends that he received ineffective assistance of counsel during his pre-trial proceedings when counsel: (1) failed to investigate all apparent substantial defenses on Petitioner's behalf; (2) failed to assert certain Fourth Amendment violations during the hearing on Petitioner's motion to suppress; and (3) incorrectly advised Petitioner whether he could properly reserve two questions of law for appellate review. After a review of the record, we affirm the judgment of the post-conviction court.

State of Tennessee v. John Edward Johnson, Jr. - Dissenting
W2000-01986-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge William B. Acree

I am unable to join with my colleagues in concluding that “restoration of citizenship rights” to a felon convicted of a crime of violence restores to the felon his right to possess a handgun. My reasons are twofold.

State of Tennessee v. John Edward Johnson, Jr.
W2000-01986-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge William B. Acree

The defendant pled guilty to felonious possession of a handgun for an agreed sentence of one year.  The parties reserved a certified question of law; namely, whether an individual, who was previously convicted of aggravated assault with a deadly weapon but subsequently had his full citizenship rights restored pursuant to Tenn. Code Ann. § 40-29-101--105, can lawfully possess a handgun. We conclude that a convicted felon, otherwise prohibited from possessing a handgun under Tenn. Code Ann. § 39-17-1307(b)(1)(A), may lawfully possess a handgun in his residence after his “full citizenship rights” have been restored.

George Todd v. Warden Fred Raney - Order
W2000-02347-CCA-R3-CO
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge R. Lee Moore Jr.

The Petitioner, George Todd, appeals from the Lake County Circuit Court's denial of his petition for writ of habeas corpus. In 1985, the Petitioner entered into a negotiated plea agreement and pled guilty to second degree murder. As part of the plea agreement the Petitioner received a forty-five year sentence as a Range II offender. The Petitioner subsequently filed a petition for post-conviction relief alleging ineffective assistance of counsel. The petition was denied and the Petitioner appealed the denial of his petition to this Court. On December 21, 1989, this Court affirmed the lower court's denial of the Petitioner's petition for post-conviction relief. On August 24, 2000, the Petitioner filed a petition for writ of habeas corpus in the Lake County Circuit Court, alleging that the passage of the Criminal Sentencing Reform Act of 1989 served to void his sentence and all other sentences in the State of Tennessee, and was the equivalent of a pardon. The Lake County Circuit Court denied the Petitioner's petition.

State of Tennessee v. William P. Brooks
E2000-00555-CCA-R3-CD
Authoring Judge: Presiding Judge Gary R Wade
Trial Court Judge: Judge D. Kelly Thomas, Jr.

The defendant, William P. Brooks, was convicted of driving on a revoked license, third offense, a Class A misdemeanor. The trial court imposed a sentence of 11 months and 29 days, requiring 90 days to be served in jail and the balance to be served on supervised probation. In this appeal of right, the defendant argues that the trial court erred by refusing to suppress evidence and by imposing an excessive sentence. The judgment of the trial court is affirmed.

State of Tennessee v. Robert L. Mallard
1999-00003-SC-R11-CD
Trial Court Judge: J. S. Daniel

James Perry Hyde v. State of Tennessee
E2000-00806-CCA-R3-PC
Authoring Judge: Presiding Judge Gary R Wade
Trial Court Judge: Judge James E. Beckner

The petitioner, James Perry Hyde, appeals the trial court's denial of post-conviction relief. The issue presented for review is whether the petitioner was denied the effective assistance of counsel at trial. The judgment is affirmed.

State vs. Gerald H. Shaffer
E1998-00106-SC-R11-CD
Authoring Judge: Justice Adolpho A. Birch, Jr.
Trial Court Judge: Richard R. Baumgartner
The Criminal Court for Knox County found that Gerald H. Shaffer had violated the terms of his probation and, on this finding, revoked it. Shaffer appealed and contended that the trial court did not have the authority to revoke probation and that the trial court abused its discretion by basing revocation on new grounds alleged in an amendment to the revocation warrant. The Court of Criminal Appeals affirmed and held that the trial court had the authority to revoke probation and did not abuse its discretion. Because we conclude that the trial court had the authority to revoke Shaffer's probation and did not abuse its discretion in basing the probation revocation on additional grounds alleged in the amendment, we affirm the judgment of the Court of Criminal Appeals.

Joe/Lovie Ross vs. Shelby Co. Healthcare
W2000-01553-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Robert A. Lanier
This appeal arises from the contraction of the HIV virus by the appellant after he received blood transfusions from the appellees. The appellants brought a complaint with the Circuit Court of Shelby County against the appellees but then filed a voluntary dismissal without prejudice. The appellants refiled the complaint against the appellees. Process for the appellees was issued but returned unserved. The appellants failed to reissue process within one year. The appellants filed a motion for enlargement of time to issue new process pursuant to Rule 6.02 of the Tennessee Rules of Civil Procedure. The trial court denied the appellants' motion and dismissed the complaint against the appellees. The appellants appeal from the denial of their motion and the dismissal of the complaint against the appellees by the Circuit Court of Shelby County. For the reasons stated herein, we affirm the trial court's decision.

American Federation vs. Chris Turner
W2000-00166-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: J. Steven Stafford
This appeal arises from a collective bargaining agreement entered into by the Appellants and employees of the Shelby County General Sessions Court Clerk's office. The Appellees refused to recognize the collective bargaining agreement. The Appellants filed a complaint against the Appellees in the Circuit Court of Shelby County. The complaint alleged violations of Article 1, Section 8 of the Tennessee Constitution, the Equal Protection and Due Process Clauses of the Fourteenth Amendment to the United States Constitution, the First Amendment to the United States Constitution, and breach of contract under Tennessee law. The parties filed cross-motions for summary judgment. The trial court entered summary judgment in favor of the Appellees. The Appellants appeal the grant of summary judgment in favor of the Appellees by the Circuit Court of Shelby County. For the reasons stated herein, we affirm the trial court's decision.

Brian Elkins vs. Rex Berry & William Bolin
W2000-01143-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Julian P. Guinn
This case involves the right to a trial by jury. The plaintiff sued the defendants for injuries he sustained in an automobile collision that was allegedly caused by the defendants' negligence. In the plaintiff's complaint, he demanded a jury trial. The defendants also demanded a jury trial in their answers. On the eve of trial, unbeknownst to the defendants, the plaintiff withdrew his jury demand. On the morning of trial, the defendants appeared but were unrepresented by counsel. The trial court proceeded with a bench trial, and entered a judgment in favor of the plaintiff. The defendants now appeal, claiming, inter alia, that they were denied their right to a jury trial. We affirm, finding that the defendants' participation in the bench trial, without objection, constituted a waiver of their right to a jury trial under Rules 38.05 and 39.01 of the Tennessee Rules of Civil Procedure.

Paul Holmes vs. Christy Holmes
W2000-01759-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Joe C. Morris
This is an appeal from a final decree of absolute divorce in which custody of the parties' minor son was given to the father for the school year and to the mother during the summer months when regular school is not in session. We affirm.

Leslie Crossett vs. Roy Fuller
W2000-02482-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Ron E. Harmon
This is an appeal from a boundary dispute. The property in dispute is a roadway used by both parties to access their properties. The trial court determined the common boundary line, provided the Crossetts with an easement for ingress and egress, and awarded the Fullers their costs. The Crossetts appeal. We affirm.

Michael Wayne Dean v. State of Tennessee
E2000-01452-CCA-R3-PC
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge Buddy D. Perry

The petitioner challenges the trial court's dismissal of his petition for habeas corpus relief. He contends that the trial court lacked jurisdiction to enter a judgment for second degree murder because that offense is not a lesser included offense of felony murder with which he was indicted. We affirm the trial court's dismissal of the habeas corpus petition.

Karen Roth vs. Richard Roth
M1998-00911-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Thomas Goodall
This appeal involves the dissolution of a sixteen-year marriage. The wife filed suit in the Circuit Court for Sumner County seeking a divorce and custody of the parties' three children. The husband did not contest the divorce but requested custody of the parties' two older children. Following a bench trial, the trial court awarded the wife a divorce on the ground of adultery and granted her custody of the children. On this appeal, the husband takes issue with the trial court's valuation of marital property, the allocation of marital debt, and the award of long-term spousal support. We have concluded that the trial court's decisions regarding the valuation of the marital property should be modified but that the remainder of the judgment should be affirmed.

George Scott vs. Linda Scott
M1999-00322-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Muriel Robinson
This appeal involves a post-divorce dispute over child support. Fifteen months after the parties were divorced in the Circuit Court for Davidson County, the custodial spouse petitioned the trial court to increase the noncustodial spouse's child support obligation because he was voluntarily underemployed and to hold the noncustodial spouse in criminal contempt. After being threatened with Tenn. R. Civ. P. 11 sanctions, the custodial spouse abandoned her criminal contempt allegations. Following a hearing, the trial court found that the noncustodial spouse was not voluntarily underemployed but increased his child support prospectively because of an anticipated increase in his income. On this appeal, the custodial parent takes issue with the trial court's refusal to find that the noncustodial parent was voluntarily underemployed, to make the increased child support retroactive to the date of her petition, and to award her only a portion of her legal expenses. We affirm the trial court and further find that the custodial spouse is not entitled to an additional award for the legal expenses she has incurred on this appeal.

State of Tennessee v. Ali Mohsenzadeh
M2000-01226-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge Timothy L. Easter

The Defendant was convicted by a jury of DUI and sentenced to thirty days, suspended upon the service of five days, and eleven-months, twenty-nine days probation. The Defendant now appeals, contending that the arresting officer had no reasonable suspicion to pull him over or probable cause to arrest him; that the evidence is insufficient to support his conviction; that the State failed to prove venue; and that his sentence is excessive. We affirm the defendant's conviction and modify his sentence.