State of Tennessee v. Timothy Hutson
W2005-01812-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge John P. Colton, Jr.

Timothy Hutson, the defendant, appeals his jury conviction for premeditated first degree murder.  He was sentenced to life imprisonment. On appeal the defendant presents a single issue, that the evidence does not support the jury’s finding of premeditation. Our review reveals that sufficient evidence was presented, and we affirm the defendant’s judgment of conviction.

State of Tennessee v. Frank Smith
W2005-01997-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge W. Fred Axley

Following a jury trial, a Shelby County trial court convicted the defendant, Frank Smith, of two counts of rape (Class B felonies). The trial court sentenced the defendant to terms of incarceration of eight years on each offense, to be served concurrently. The defendant contends on appeal that the trial court erred by failing to sentence him to a form of alternative sentencing and specifically argues that the trial court failed to state on the record its reasons for denying an alternative sentence. The defendant failed to provide a record of his sentencing hearing and, therefore, we must presume the trial court was correct. The judgments of the trial court are affirmed.

In Re: Estate of Anne F. Threefoot, Anne W. Miller v. The United States
W2005-02942-COA-R3-CV
Authoring Judge: Presiding Judge W. Frank Crawford
Trial Court Judge: Judge Donn Southern

Appellant, Executrix of Decedent’s Estate, filed a request with the Probate Court of Shelby County to authorize the post-mortem transfer of real property to a limited family partnership, which was allegedly established by oral contract entered by and between the Appellant and Decedent prior
to Decedent’s death.  The United States, Appellee, disputed the Appellant’s contention that there was an oral contract to form a partnership. The trial court found that the record did not support an enforceable oral contract by clear and convincing evidence. Appellant appeals. We affirm and remand.

State of Tennessee v. Robert Smith
W2005-00015-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Joseph B. Dailey

Robert Smith, the defendant, appeals from a Shelby County jury conviction for second degree murder (Class A felony). The defendant was sentenced to sixty years as a career violent offender.  In his sole issue the defendant maintains that the evidence does not support his conviction in that it was insufficient to prove a knowing killing. After review, we affirm the judgment of conviction.

Charlotte Mccall v. National Health Corporation, et al
M2004-00261-WC-R3-CV
Authoring Judge: Senior Judge Donald P. Harris
Trial Court Judge: Chancellor Robert E. Corlew, III

This workers’ compensation appeal has been referred to the Special Workers’ Compensation
Appeals Panel in accordance with Tennessee Code Annotated section 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. In this appeal, the
employer asserts that the trial court erred in finding the employee’s injury compensable, awarding
the employee workers’ compensation benefits, and finding the employee seventy-five (75%) percent disabled as a result of her employment with National Health Corporation. The employee asserts that the trial court erred in not finding the employee totally disabled and that summary judgment should not have been granted with respect to the tort claim brought against employee’s supervisor. We conclude that the findings of the trial court should be affirmed with regard to issues relating to workers’ compensation benefits. Appellate jurisdiction with regard to the granting of summary judgment on Ms. McCall’s tort claim lies with the Court of Appeals and, pursuant to Rule 17, T. R. App. P., the cause is transferred to that court for appropriate review.

Trent Starks v. State of Tennessee
W2005-02478-CCA-R3-PC
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge Paula L. Skahan

Following a jury trial, the Petitioner, Trent Starks, was convicted of first degree murder. The State sought to impose the death penalty, but the jury sentenced the Petitioner to life in prison without the possibility of parole. The Petitioner’s convictions were affirmed on direct appeal. In this appeal from the denial of post-conviction relief, the Petitioner argues that (1) his trial co-counsel was inadequate under the Sixth and Fourteenth Amendments, (2) his lead trial counsel failed to meet and communicate with him adequately in violation of the Sixth Amendment, (3) his lead trial counsel did not adequately advise him on whether to testify in violation of the Sixth Amendment, and (4) his lead trial counsel did not adequately investigate his alibi witness in violation of the Sixth Amendment. ¹ We affirm the judgment of the trial court.

State of Tennessee v. Franklin Fitch
W2004-02833-CCA-R3-DD
Authoring Judge: Judge J. C. McLin
Trial Court Judge: James C. Beasley, Jr.

A Shelby County jury found the defendant, Franklin Fitch, guilty of the first degree premeditated murder of Angela Carroll. Following a separate penalty phase, the jury found the presence of two statutory aggravating circumstances and that the aggravators outweighed any mitigating factors. The jury subsequently imposed a sentence of death. The defendant seeks review by this court of both his conviction for first degree murder and his sentence of death. He challenges:  (1) the trial court’s denial of his motion to suppress, (2) the sufficiency of the convicting evidence of first degree murder, (3) the trial court’s admission of post-mortem photographs of the victim, (4) the trial court’s instruction on premeditation, (5) the prosecutor’s closing argument, (6) the sufficiency of the (i)(2) aggravating circumstance, (7) the trial court’s instruction that reckless endangerment is an offense of violence, (8) the sufficiency of the (i)(3) aggravating circumstance, (9) the trial court’s admission of victim impact testimony, (10) the trial court’s jury instruction regarding victim impact evidence, (11) the failure to charge aggravating circumstances in the indictment, and (12) the constitutionality of Tennessee’s death penalty statutes. Following our extensive review, we affirm the defendant’s conviction of first degree murder. However, we conclude that the evidence does not support application of the (i)(2) statutory aggravating circumstance. As we are unable to conclude that this error is harmless, this matter is remanded for a new sentencing hearing.

State of Tennessee, Department of Children's Services, v. A.C., et al.
E2006-00747-COA-R3-PT
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: Judge Herbert A. Holcomb

The State of Tennessee, Department of Children’s Services (“DCS”) filed a petition to terminate the parental rights of A.C. (“Mother”) to her three children, L.A.L.R., K.M.C., and R.S.C. Following a trial, the Juvenile Court determined that there was clear and convincing evidence that grounds existed to terminate Mother’s parental rights pursuant to Tenn. Code Ann. §§ 36-1-113(g)(1), (g)(2), and (g)(3). The Juvenile Court also determined that there was clear and convincing evidence that termination of Mother’s parental rights was in the children’s best interests. Mother appeals, claiming DCS failed to prove by clear and convincing evidence that grounds existed to terminate her parental rights. Mother also claims DCS failed to prove by clear and convincing evidence that termination of her parental rights would be in the best interests of the children. We affirm the Juvenile Court’s judgment.
 

State of Tennessee v. Donald Lynch, In Re: X-Cell Bonding Company
E2005-01362-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge R. Jerry Beck

The appellant, X-Cell Bonding Company, appeals the order of final forfeiture declared upon the minutes of the Sullivan County Circuit Court. Because the record fails to contain a Rule 58 final judgment, the appeal is dismissed.

State of Tennessee v. Bernard M. Wallace
W2005-01927-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge C. Creed McGinley

Following a jury trial, Defendant, Bernard M. Wallace, was convicted of possession of cocaine over point five (0.5) grams with intent to sell, a Class B felony, and possession of marijuana, a Class A misdemeanor. Defendant was sentenced to serve twenty-five years in the Department of Correction for the Class B felony, and eleven months and twenty-nine days for the Class A misdemeanor, to be served concurrently. In this appeal, Defendant argues that (1) the trial court erred in denying his motion to suppress the evidence obtained as a result of the search of a motel room; (2) the evidence was insufficient to support his convictions; (3) the trial court improperly applied the enhancement factors in determining the length of Defendant’s sentence. After a thorough review, the judgments of the trial court are affirmed.

In Re: The Estate of James Clifford Smith - Concurring
M2005-01410-COA-R3-CV
Authoring Judge: Presiding Judge William C. Koch, Jr.
Trial Court Judge: Chancellor Tom E. Gray

When read together, 42 U.S.C.A. § 1396p(b)(4)(B) (West 2003) and Tenn. Code Ann. § 71-5-116(c) (2004) plainly permit the State of Tennessee to recover correctly paid medical assistance benefits from the estate of a recipient’s surviving spouse. However, I concur with the court’s conclusion that the property from which these benefits can be recovered is limited to property owned by the recipient at the time of his or her death that passed to the surviving spouse “through joint tenancy, tenancy in common, survivorship, life estate, living trust, or other arrangement.” 

In Re: The Estate of James Clifford Smith
M2005-01410-COA-R3-CV
Authoring Judge: Judge Patricia J. Cottrell
Trial Court Judge: Chancellor Tom E. Gray

Estate appeals probate court’s determination that subject estate was liable to Bureau of Tennessee for Medicaid nursing home benefits correctly provided to a pre-deceased spouse. We reverse.

Joseph W. Wilson v. State of Tennessee
W2005-00808-CCA-R3-PC
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Roger A. Page

The Petitioner, Joseph W. Wilson, was convicted of one count of attempted second degree murder, three counts of aggravated rape, especially aggravated robbery, especially aggravated burglary, conspiracy to commit aggravated burglary, and misdemeanor vandalism. He was sentenced to seventy-one years confinement. On appeal, this Court affirmed the Petitioner’s convictions and sentences. The Petitioner petitioned for post-conviction relief claiming that he had received the ineffective assistance of counsel. The post-conviction court dismissed the post-conviction petition as untimely, and we affirm that judgment.

State of Tennessee v. John Green
W2005-01809-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Arthur T. Bennett

John Green, the defendant, appeals his jury convictions of first degree felony murder and aggravated robbery (Class A felony). The defendant was sentenced to life in prison for first degree felony murder with a ten-year concurrent sentence for aggravated robbery. The defendant presents two issues: insufficient evidence to support the convictions, and error by the trial court in failing to suppress the defendant’s statements. We conclude from our review that the evidence was sufficient and that the defendant’s statements were properly admitted. The judgments of conviction are affirmed.

State of Tennessee v. Maurice Shaw
W2005-02097-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Joseph H. Walker, III

Maurice Shaw, the defendant, appeals his jury convictions for delivery and possession with intent to deliver over .5 grams of a Schedule II drug (cocaine), both offenses being Class B felonies. The defendant was sentenced as a standard offender to eleven years on each offense. The defendant contends that the evidence was insufficient to support the convictions. Specifically, he contends that no drugs were found on him; that the only eyewitness lacked credibility; and that no foundation was made for identification of the defendant’s voice during the drug transaction. Our review indicates that sufficient evidence existed that the defendant did have cocaine in his possession and that the other issues were matters of credibility determination which were resolved by the jury. Accordingly, we affirm the convictions.

State of Tennessee v. John F. Wallace
W2005-02477-CCA-R3-CD
Authoring Judge: Judge Jerry Smith
Trial Court Judge: Judge Carolyn Wade Blackett

The appellant, John Wallace, was convicted of four counts of assault. As a result, the trial court sentenced him to four, concurrent sentences of eleven months and twenty-nine days. The trial court then placed the appellant on probation for the length of the sentence and imposed a fine of $500 for each conviction. On appeal, the appellant challenges the sufficiency of the evidence and the trial court’s imposition of the $500 fine for each conviction. Because the evidence is sufficient to support the convictions, we affirm the judgment of the trial court in that regard. However, because the trial court improperly fined the appellant $500 for each conviction when the jury was not instructed to impose a fine and the appellant did not waive his right to a jury-imposed fine, we remand the matter to the trial court for the proper assessment of a fine.

Terry D. Brewer v. State of Tennessee
W2006-00579-CCA-R3-HC
Authoring Judge: Presiding Judge Joseph M. Tipton
Trial Court Judge: Judge R. Lee Moore Jr.

The petitioner, Terry D. Brewer, filed a pro se petition for writ of habeas corpus, challenging his  forty-five-year sentence stemming from his 1989 convictions for aggravated rape with pregnancy  occurring, aggravated sexual battery, and incest. The trial court summarily dismissed the petition for writ of habeas corpus. The petitioner appeals the trial court’s dismissal and refusal to appoint counsel. The petitioner contends that his sentences are void because he was improperly sentenced under the 1982 Sentencing Reform Act instead of the 1989 Sentencing Reform Act. We conclude that the petition states no cognizable claim for relief, and we affirm the judgment of the trial court.

In Re. I.C.G., B.M.D., T.N.C., & T.L.C.
E2006-00746-COA-R3-PT
Authoring Judge: Judge Sharon G. Lee
Trial Court Judge: Judge Suzanne Bailey

In this appeal, S.L.B. (“Mother”) contends that the trial court erred in terminating her parental rights to four of her five children.  Mother does not challenge the propriety of the trial court’s order terminating her parental rights as to the fifth child. After careful review of the evidence and applicable authorities, we hold that the evidence does not preponderate against the trial court’s finding by clear and convincing evidence that termination of Mother’s parental rights was in the best interest of her children.  Therefore, we affirm.

Larry Garner v. The Goodyear Tire & Rubber Company, et al
W2005-02229-SC-WCM-CV
Authoring Judge: Senior Judge J.S. (Steve) Daniel
Trial Court Judge: Chancellor W. Michael Maloan

This workers’ compensation appeal has been referred to the Special Workers’ Compensation
Appeals Panel of the Tennessee Supreme Court in accordance with Tennessee Code Annotated
section 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and
conclusions of law. On appeal, the employer contends that the trial court erred in failing to dismiss
this claim based on the statute of limitations. After carefully reviewing the record, we agree and
reverse the judgment of the trial court.

State of Tennessee v. Jimmie Lee Hart
W2005-02938-CCA-R3-CD
Authoring Judge: Presiding Judge Joseph M. Tipton
Trial Court Judge: Judge R. Lee Moore Jr.

The defendant, Jimmie Lee Hart, was convicted of possession of one-half gram or more of cocaine with the intent to sell or deliver, a Class B felony, and was sentenced to thirty years imprisonment as a career offender. He appeals his conviction, contending (1) that the convicting evidence was insufficient and (2) that the trial court erred in refusing to instruct the jury on the meaning of the use of the Fifth Amendment right against self-incrimination. We affirm the judgment of the trial court.

State of Tennessee Department of Children's Services v. Patricia Danielle Stinson, et al.
W2006-00749-COA-R3-PT
Authoring Judge: Presiding Judge W. Frank Crawford
Trial Court Judge: Judge Danny Smith

This is a termination of parental rights case involving two minor children. The mother of both children and the father of one of the children appeal separately from the Order of the Juvenile Court of Hardin County terminating their respective parental rights. Both Appellants assert that the grounds for termination of their parental rights are not met by clear and convincing evidence in the record, and that termination of their parental rights is not in the best interest of the minor children. Because we find clear and convincing evidence in the record to support the trial court's findings, we affirm.

State of Tennessee v. Clifford Wayne Morris
E2005-01957-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Lynn W. Brown

The Petitioner, Clifford Wayne Morris, pled guilty to attempted dissemination of a cordless telephone transmission, a Class A misdemeanor. The trial court sentenced the Defendant to eleven months and twenty-nine days with a thirty day period of incarceration to be served prior to release on probation. On appeal, the Defendant contends that the trial court erred when it sentenced him. After thoroughly reviewing the record and the applicable authorities, we reverse the judgment of the trial court.

Kelly Lee Bowers v. G. Beeler Auto Delivery, Inc.
E2005-02006-WC-R3-CV
Authoring Judge: Special Judge Sharon G. Lee
Trial Court Judge: Chancellor John F. Weaver

This workers’ compensation appeal has been referred to the Special Workers’ Compensation
Appeals Panel in accordance with Tenn. Code Ann. § 50-6-225(e)(3) for hearing and reporting to
the Supreme Court of findings of fact and conclusions of law. The Chancellor determined that the
plaintiff was permanently and totally disabled as a result of his work-related injury. The defendant
appeals, arguing that the evidence preponderates against the trial court’s determination of disability. After careful review of the record and applicable authorities, we find no error and affirm the judgment.

Gary R. Slone v. Woodcraft Manufacturing, Inc.,
E2005-01575-WC-R3-CV
Authoring Judge: Special Judge Roger E. Thayer
Trial Court Judge: Judge Ben K. Wexler

This workers’ compensation appeal has been referred to the Special Workers’ Compensation
Appeals Panel of the Tennessee Supreme Court in accordance with Tennessee Code Annotated
section 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and
conclusions of law. The trial court awarded Plaintiff 100 percent permanent disability. On appeal,
Defendants contend the trial court erred in (1) finding Plaintiff’s stroke was work-related, (2) in
awarding Plaintiff 100 percent disability, and (3) in allowing medical expenses for treatment at the
VA Hospital. We affirm the judgment of the trial court.

Brenda Woods v. State of Tennessee
W2005-02119-SC-WCM-CV
Authoring Judge: J.S. (Steve) Daniel, Sr. J.
Trial Court Judge: Nancy C. Miller-Herron, Claims Commissioner
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Tennessee Supreme Court in accordance with Tennessee Code Annotated section 9-8-43(a)(1) and Tennessee Code Annotated section 5-6-225(e)(1) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. On appeal, the employee contends that the trial court erred in awarding permanent partial disability workers' compensation benefits at a rate of 2% to the body as a whole and contends that the evidence preponderates in favor of a much higher award of benefit. After carefully reviewing the record, we affirm the commissioner's award. Tenn. Code Ann. __ 9-8-43(a)(1) 5-6-225(e)(3) Appeal as of Right; Judgment of the Claims Commission Affirmed J.S. (Steve) Daniel, Sr. J., in which Janice M. Holder, J., and Joe C. Loser, Jr., Sp. J., joined. Michell G. Tollison, Jackson, Tennessee, for the appellant, Brenda Woods. Michael B. Schwegler, Nashville, Tennessee, for the appellee, State of Tennessee. OPINION I. Facts and Procedural History Ms. Brenda Woods is an unmarried person who is the mother of three children and was forty-eight years of age when this case was tried before the Claims Commission of the State of Tennessee. She has two daughters and one son. Unfortunately one of her daughters has lupus, and her son has cystic fibrosis. Ms. Woods has and is rearing these children as a single parent. The two children with the physical disabilities lived with her at the time of the trial. Ms. Woods is a high school graduate and has taken college courses at the University of Memphis, Jackson State Community College, and the Tennessee Tech Center in Jackson, Tennessee, but has not graduated from college. She previously worked as a legal secretary for almost ten years. She then had her own consulting firm before working for Harold Ford, Sr. as a health screening coordinator. She went to work for the State in 1999 when she began her work at the West Tennessee State Penitentiary as a Counselor I. She quickly rose in classification to Counselor III and was working in such a position at the time of the work-related accident which is the subject of this lawsuit although she was facing disciplinary action. She has not returned to work for the State subsequent to the accident which is the subject of this litigation. However, she did run for political office in 25 but was unsuccessful in her bid to be elected mayor of the city of Bolivar, Tennessee. Brenda Woods was injured in the course and scope of her employment on September 9, 22, when a chair she was sitting in broke, causing her to fall to the floor and strike her left arm on her desk. The fall caused injuries to her left wrist, back and neck. The back and neck injuries ultimately resolved. Ms. Woods filed a complaint for workers' compensation benefits with the Tennessee Claims Commission for the State of Tennessee, Western Division on August 27, 23, seeking compensation for the left wrist. She later sought and obtained permission from the commission to amend her complaint to seek psychological damages for this work-related incident. Proper notice of her injury was given, and at the time of the injury she was directed first to the prison infirmity then was sent home on the day of the accident. She was seen by Dr. David ErikYakin who treated her left wrist injury. Dr. Yakin initially treated the wrist injury as a contusion, but as time passed and Ms. Woods continued to have pain and swelling, concern developed that she might have a more significant injury. It was ultimately determined by Dr. Yakin that Ms. Woods had a ligament tear in her wrist that was corrected by surgery in December 22, when a left wrist arthroscopy was performed with debridement of the triangular fibrocartilage comple (TFCC) and debridement of a partial scapholunate ligament tear. Ms. Woods continued to experience pain and complained swelling in his wrist, and she was unable to return to work or to perform housekeeping duties. Therefore, Dr. Yakin sought a second opinion from Dr. Weiker. Dr. Weikert recommended further physical therapy but no additional surgery. Dr. Yakin opined that Ms. Woods suffered an 8% impairment of the left upper extremity based on the swelling of her joint, the mild instability of the scapholunate ligament, and her problem in the TFCC region itself. He imposed work restrictions of lifting no more than five pounds and no repetitive activities with her left upper extremity. During a visit in December 22, Ms. Woods made statements that were considered an expression of suicidal ideations by members of Dr. Yakins' staff who referred her to Pathway Psychiatric Unit in Jackson, Tennessee, for psychological care. She was then seen in January 23 by Dr. Elias King Bond who specializes in psychiatry and who treated Ms. Woods sporadically over an extended period of time for depression. After seeing Ms. Woods in January, Dr. Bond next saw her in April 23 for depression and in October 23 for depression and sleep disorder, and he saw her some eleven months later in September of 24 for depression. Dr. Bond primarily treated Ms. Woods with various medications. Our review of the record reveals that on many occasions, Ms. Woods missed her appointments. Dr. Bond was of the opinion that Ms. Woods had depression related to continued pain and inability to use her left wrist. Ms. Woods is left-hand dominant. Dr. Bond made no diagnosis of Ms. Woods' psychological problems but concluded that she had sustained a permanent impairment of moderate intensity for depression. He estimated the impairment at about "15% to the body as a whole" and listed the areas that she was impaired in as "self-care, personal hygiene, travel, communication and sleep."