Don Daugherty v. Sony Electronics, Inc., et al.
E2004-02627-COA-R3-CV
Authoring Judge: Judge D. Michael Swiney
Trial Court Judge: Judge Harold Wimberly

This potential class action lawsuit was filed by Don Daugherty (“Plaintiff”) on behalf of himself and all other Tennessee residents who purchased certain specified DVD players from Sony Electronics, Inc. (“Sony”). Plaintiff alleged in his complaint that the DVD players were inherently defective, that Sony was aware of these defects, and that Sony nevertheless marketed and sold the defective DVD players. Plaintiff brought claims for breach of express warranty, breach of implied warranty, unjust enrichment, money had and received, as well as a violation of the Tennessee Consumer Protection Act. Sony’s motion seeking to have all of the claims dismissed was granted by the Trial Court.  Plaintiff appeals the dismissal of all five claims. We affirm the judgment of the Trial Court with respect to the claims for breach of express warranty, breach of implied warranty, unjust enrichment, and money had and received. We reverse the judgment of the Trial Court dismissing Plaintiff’s Tennessee Consumer Protection Act claim.

Knox Court of Appeals

David Helton, et al. v. Glenn Enterprises, Inc., dba Linmar Hospitality
E2005-00103-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Judge Wheeler A. Rosenbalm

David Helton and his wife, Charlotte Helton, brought suit against Glenn Enterprises, Inc., dba Linmar Hospitality, the operator of a Fairfield Inn in Knox County, for compensatory damages arising out of the theft of their drag racing vehicle and other personal property losses, all of which occurred while the plaintiffs were guests at the defendant's motel. At the conclusion of a jury trial, the court directed a verdict for the defendant, holding that there was no liability shown by the proof. This holding was predicated upon the fact that the parking lot where the plaintiffs parked their truck and trailer, while close to the defendant's motel, was not actually on the defendant's property. The plaintiffs appeal, arguing that the duty established by the Supreme Court in the case of McClung v. Delta Square Ltd. P'ship, 937 S.W.2d 891 (Tenn. 1996) should apply to the facts of this case. They contend that they made out a question for the jury on the McClung issue as well as on the issue of liability under the Tennessee Consumer Protection Act ("the TCPA"). We vacate the trial court's judgment on these two issues and remand for a new trial.

Knox Court of Appeals

Tammy Hopkins Lindsay v. Dwight Kelley Lindsay
M2005-00207-COA-R3-CV
Authoring Judge: Judge D. Michael Swiney
Trial Court Judge: Judge Carol L. Soloman

Tammy Hopkins Lindsay ("Mother") and Dwight Kelley Lindsay ("Father") were divorced in December of 2000, but have returned to court numerous times since then. Most of the post-divorce controversy centers around the amount of Father's child support payment and the arrearages which have accrued since the divorce. After the most recent hearing, the Trial Court entered a detailed order resolving competing petitions filed by the parties. The only issue in this appeal concerns that portion of the Trial Court's order which requires Father to pay an additional $50 each time he fails to exercise co-parenting time on a weekend, and an additional $25 for each day that he fails to exercise co-parenting time on a holiday or during the summer. We vacate only this particular portion of the Trial Court's Order, and affirm the order as so modified.

Davidson Court of Appeals

State of Tennessee v. Jarrod Johnston Slaughter
W2005-00442-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge Roger A. Page

The appellant, Jarrod Johnston Slaughter, was convicted by a jury in the Madison County Circuit Court of driving under the influence (DUI), third offense. He received a sentence of eleven months, and twenty-nine days, with 208 days to be served in confinement. On appeal, the appellant challenges the sufficiency of the evidence supporting his conviction and the length of confinement imposed by the trial court. Upon our review of the record and the parties’ briefs, we affirm the judgment of the trial court.

Madison Court of Criminal Appeals

Ronald Dennis Crafton v. State of Tennessee
W2005-01108-CCA-R3-PC
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge C. Creed McGinley

The Petitioner, Ronald Dennis Crafton, appeals the trial court's denial of his motion to reopen his petition for post-conviction petition. The State has filed a motion requesting that this Court dismiss the above-captioned appeal, or in the alternative, affirm the trial court's denial of relief pursuant to Rule 20, Rules of the Court of Criminal Appeals. Because Petitioner has failed to properly invoke this Court’s jurisdiction, the above-captioned appeal is dismissed.

Henry Court of Criminal Appeals

Jessie Hodges v. State of Tennessee
W2005-01852-CCA-R3-PC
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Joseph H. Walker, III

The Petitioner, Jessie Hodges, appeals the lower court’s denial of his petition for post-conviction relief. The State has filed a motion requesting that this Court affirm the trial court pursuant to Rule 20, Rules of the Court of Criminal Appeals. The Petitioner is procedurally barred from pursuing appellate review of the lower court’s denial of post-conviction relief. Accordingly, the above-captioned appeal is dismissed.

Lauderdale Court of Criminal Appeals

Eric Glover v. State of Tennessee
W2005-02004-CCA-R3-PC
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Jon K. Blackwood

The Petitioner, Eric Glover, appeals the lower court’s denial of his petition for post-conviction relief. The State has filed a motion requesting that this Court affirm the trial court pursuant to Rule 20, Rules of the Court of Criminal Appeals. The Petitioner is procedurally barred from pursuing appellate review of the lower court’s denial of post-conviction relief. Accordingly, the above-captioned appeal is dismissed.

Fayette Court of Criminal Appeals

Tammy Hopkins Lindsay v. Dwight Kelley Lindsay
M2004-02267-COA-R3-CV
Authoring Judge: Judge D. Michael Swiney
Trial Court Judge: Judge Carol L. Soloman

This primary issue on appeal is whether Dwight Kelley Lindsay ("Mr. Lindsay") was properly advised of his constitutional right to counsel before being found guilty on twelve counts of criminal contempt for his failure to pay court ordered child support and health insurance reimbursement payments. All parties to this appeal now agree that Mr. Lindsay was not adequately advised of his right to counsel. The judgment of the Trial Court finding Mr. Lindsay in criminal contempt is vacated.

Davidson Court of Appeals

In Re. N.R.P.
M2005-02893-COA-R9-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Judge J. Mark Rogers

This application for an interlocutory appeal concerns the jurisdiction of the Circuit Court for Rutherford County to consider a mother’s appeal from a decision of the Rutherford County Juvenile Court changing custody to the father. The Circuit Court denied the father’s motion to dismiss for lack of jurisdiction, but granted mother permission to appeal pursuant to Tenn. R. App. P. 9. We concur with the Circuit Court that this is an appropriate case for an interlocutory appeal. Because the Juvenile Court’s decision does not arise out of a dependant or neglect proceeding, the appeal of the Juvenile Court’s order lies to this court rather than the Circuit Court. Accordingly, we vacate the Circuit Court’s order and remand the case to the Circuit Court with directions to transfer the appeal to this court.1

Rutherford Court of Appeals

State of Tennessee v. James Thomas Manning
M2004-03035-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge Leon C. Burns, Jr.

On April 15, 1998, the Putnam County Grand Jury indicted Defendant, James Thomas Manning, on one count of aggravated burglary, two counts of aggravated rape, one count of attempted aggravated sexual battery, and one count of aggravated robbery. Following a jury trial, Defendant was convicted of two counts of aggravated rape, a Class A felony, and one count of aggravated burglary, a Class C felony. The jury acquitted Defendant of attempted aggravated sexual battery and could not reach a verdict on the aggravated robbery charge. Defendant received concurrent twenty-five year sentences for each of the aggravated rape convictions, and a consecutive six year sentence for the aggravated burglary conviction, for an effective thirty-one year sentence. These sentences were ordered to be served consecutively to a prior sentence out of Sumner County being served by Defendant at the time of trial and sentencing. In his appeal, Defendant argues that the trial court erred by (1) denying his motion to strike expert testimony for failure to lay a proper foundation; (2) excluding evidence that the victim had pending charges for aggravated assault; (3) violating double jeopardy principles in allowing Defendant to be convicted of two counts of aggravated rape; and (4) imposing consecutive sentences. We affirm the judgments of the trial court.

Putnam Court of Criminal Appeals

State of Tennessee v. Willie J. Simmons
M2005-00556-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge James K. Clayton, Jr.

The Defendant, Willie J. Simmons, was convicted of rape and sexual battery. The Defendant received an effective eight year sentence in the Department of Correction. On appeal, the Defendant argues that the trial court erred in denying alternative sentencing. We affirm the judgment of the trial court.

Rutherford Court of Criminal Appeals

State of Tennessee v. Bernard Thomas Nelson
M2005-00764-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge John H. Gasaway, III

On appeal, the defendant challenges the sufficiency of the evidence to support the verdict and the denial of alternative sentencing. Following our review, we conclude that the evidence presented was sufficient to support the jury's verdicts and that the denial of alternative sentencing was justified given the defendant's lengthy history of criminal activity and the inability of probation to deter him from such conduct. Therefore, we affirm the convictions and sentences.

Montgomery Court of Criminal Appeals

State of Tennessee v. Jamie Emerson New
W2005-01014-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Donald H. Allen

The Defendant, Jamie Emerson New, was convicted of aggravated sexual battery and sentenced to eight years of incarceration. On appeal, he contends that; (1) the evidence is insufficient to sustain his conviction, and (2) the two child witnesses who testified against him were not competent to testify. Finding no reversible error, we affirm the judgment of the trial court.

Madison Court of Criminal Appeals

Erika Louise Bunkley Patrick v. State of Tennessee
W2004-02217-CCA-R3-PC
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge Lee Moore

Petitioner, Erika Louise Bunkley Patrick, appeals the post-conviction court’s dismissal of her petition for post-conviction relief in which she alleged that her pleas of guilty were not voluntarily and knowingly entered into and that her trial counsel rendered ineffective assistance in the negotiation and entry of her pleas. After a thorough review of the record, we affirm the judgment of the post-conviction court.

Dyer Court of Criminal Appeals

Cedric Davis aka Cedric Booker v. State of Tennessee
W2004-02505-CCA-R3-PC
Authoring Judge: Judge J. C. McLin
Trial Court Judge: Judge John P. Colton, Jr.

The petitioner, Cedric Davis aka Cedric Booker, appeals from the post-conviction court’s denial of his petition for post-conviction relief. On appeal, he argues that the post-conviction court erred in finding that he received the effective assistance of counsel. Following our review of the record and the parties’ briefs, including the petitioner’s reply brief, we affirm the judgment of the post-conviction court.

Shelby Court of Criminal Appeals

Amy Lynelle Gardner v. Richard Wendell Gardner
M2004-01992-COA-R3-CV
Authoring Judge: Judge Frank G. Clement, Jr.
Trial Court Judge: Judge Clara W. Byrd

Amy Lynelle Gardner appeals the post-divorce modification of child support provisions.  Father, Richard Wendell Gardner, petitioned the court for modifications claiming the child support provisions were unconscionable, in part due to the fact the parties used one attorney for the divorce proceedings from which the child support provisions emanate. The trial court found Father was not properly represented and that certain provisions were unconscionable. As a result, the trial court relieved Father of the contractual obligation to pay support for a child past majority, required that Mother apply her state employee discount to the child’s college tuition, and awarded Father the tax deduction for the years he paid tuition. Finding no error, we affirm the trial court.

Wilson Court of Appeals

Deborah Jaime v. American Water Heater Company
E2005-00907-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Judge Thomas J. Seeley, Jr.

The plaintiff brought this action against her former employer, alleging that the defendant terminated her employment in retaliation for her pursuit of a claim for workers' compensation benefits. The trial court granted the defendant summary judgment, holding that the plaintiff failed to establish a prima facie case of retaliatory discharge and that she also failed to rebut the defendant's proffered legitimate reason for termination. The plaintiff appeals. We affirm.

Washington Court of Appeals

John L. Smith v. Deborah Smith
M2003-02259-COA-R3-CV
Authoring Judge: Presiding Judge William C. Koch, Jr.
Trial Court Judge: Judge Leonard W. Martin

This appeal arises from a custody dispute involving an eleven-year-old boy. After the parties agreed to end their marriage, the father filed a complaint for divorce in November 2001 in the Chancery Court for Cheatham County. In addition to the complaint, the father filed a marital dissolution agreement and a parenting plan designating the mother as the primary residential parent. The child remained in the mother's custody until October 2002 when the trial court awarded the father temporary custody of the child. Following a hearing in July 2003, the trial court entered an order in September 2003 declaring the parties divorced and designating the father as the primary residential parent. The mother has appealed. Despite the father's conduct following the parties' separation, we have concluded that the trial court's decision to designate him as the child's primary residential parent does not fall outside the spectrum of rulings that might reasonably result from a correct application of the governing law to the facts established by the evidence in this case. Accordingly, we affirm the trial court's judgment.

Cheatham Court of Appeals

William E. Eakes, III v. State of Tennessee
M2005-01016-CCA-R3-PC
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge Seth W. Norman

This is an appeal as of right from the summary dismissal of a petition for post-conviction relief. The trial court dismissed the amended post-conviction petition because the court found the petition was not verified under oath and failed to include the factual basis upon which relief was sought. We affirm the judgment of the trial court.

Davidson Court of Criminal Appeals

Barnes & Robinson Company, Inc. d/b/a One Source of Tennessee, Inc. v. Onesource Facility Services, Inc. et al.
M2004-01003-COA-R3-CV
Authoring Judge: Judge Frank G. Clement, Jr.
Trial Court Judge: Chancellor Ellen H. Lyle

Barnes & Robinson Co., Inc. filed this action against two related companies claiming breach of contract, failure to negotiate in good faith, and promissory estoppel. The claims arise from negotiations pursuant to two letters of intent and subsequent representations upon which Barnes & Robinson contends it relied to its detriment. The defendants filed a motion to dismiss contending Barnes & Robinson failed to state any claims upon which relief could be granted, which the trial court granted. Barnes & Robinson appeals. Finding no error, we affirm.

Davidson Court of Appeals

Angela McDaniel v. Carolina National Transport, et al.
E2005-00541-COA-R3-CV
Authoring Judge: Judge Sharon G. Lee
Trial Court Judge: Judge Harold Wimberly

In this action arising from a vehicular accident, the issues presented are whether the trial court erred in allowing into evidence deposition testimony of a Defendant pursuant to Tenn. R. Civ. P. 32.01, and whether the amount of the jury verdict was supported by material evidence. We hold the trial court did not err in its discretionary decision to admit the deposition testimony, and that there is material evidence supporting the duly approved jury verdict. Consequently, we affirm the judgment of the trial court.

Knox Court of Appeals

State of Tennessee v. Efrain Murillo Ramirez
E2005-00550-CCA-R3-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Judge James E. Beckner

The defendant, Efrain Murillo Ramirez, who is serving an eight-year Department of Correction sentence for a Greene County Criminal Court jury conviction of possession of one-half or more grams of cocaine with intent to sell or deliver, appeals and challenges the trial court's denial of his motion to suppress the cocaine seized from his automobile. Because the suppression issue has been waived by the failure to file a timely motion for new trial, the judgment is affirmed.

Greene Court of Criminal Appeals

Thomas Alvin Carter v. State of Tennessee
E2005-00625-CCA-R3-PC
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge Carroll L. Ross

The petitioner, Thomas Alvin Carter, appeals from the Monroe County Criminal Court's dismissal of his petition for post-conviction relief from his guilty plea to theft over $500 but less than $1000, a Class E felony. He contends that his guilty plea was unknowing and involuntary and that he received the ineffective assistance of counsel. We affirm the judgment of the trial court.

Monroe Court of Criminal Appeals

State of Tennessee v. Bruce E. Olson
E2005-00663-CCA-R3-CD
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge Richard R. Vance

A Sevier County Circuit Court jury convicted the defendant, Bruce E. Olson, of rape of a child, a class A felony, and the trial court sentenced him to serve twenty years at one hundred percent in the Department of Correction. On appeal, the defendant claims that the evidence was insufficient, that the trial court erred in not excluding the defendant's statement to police based upon the state's delay in providing him a redacted copy, and that the state violated his right to due process by withholding exculpatory evidence. We affirm the judgment of the trial court.

Sevier Court of Criminal Appeals

Mark Griffin v. State of Tennessee
E2005-01568-CCA-R3-PC
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Judge James B. Scott, Jr.

The petitioner, Mark Griffin, appeals from the Anderson County Criminal Court's dismissal of his petition for post-conviction relief, through which he had challenged his conviction of first degree felony murder. On appeal, the petitioner claims that ineffective assistance of trial counsel and certain due process violations invalidate his convictions. We disagree and affirm.

Anderson Court of Criminal Appeals