John Barden v. Alpha Building Corporation, et al.
W2004-01279-WC-R3-CV
Authoring Judge: Special Judge W. Frank Brown, III
Trial Court Judge: Judge Kay Spalding Rubilio

This workers’ compensation appeal has been referred to the Special Workers’ Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated section 50-6-225(e)(3) (Supp. 2003) for hearing and reporting to the Supreme Court, findings of fact and conclusions of law. The trial court found the employee proved that his injury was compensable.  We affirm.

Eugene Stubblefield v. City of Millersville, et al.
M2004-00062-WC-R3-CV
Authoring Judge: Senior Judge William H. Inman
Trial Court Judge: Chancellor Tom E. Gray

This workers’ compensation appeal has been referred to the Special Workers’ Compensation Appeals Panel of the Supreme Court 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 plaintiff re-injured his back while operating a jackhammer allegedly in violation of his lifting limitations.  The thrust of the defense centered on the asserted misconduct of the plaintiff. The trial judge disallowed the defense. We affirm.

David Joe Douglas Blair v. State of Tennessee
M2004-02571-CCA-R3-PC
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge Jim T. Hamilton

After having been indicted for the offense of first degree murder, Petitioner, David Joe Douglas Blair, pled guilty to the lesser included offense of second degree murder on June 6, 1999, pursuant to a negotiated plea agreement, and received a sentence of twenty-five years in the Department of Correction. On January 5, 2001, Petitioner filed a "Motion for Appointment of Counsel" pertaining to this matter and referenced a statute pertaining to the right to petition for post-conviction relief. The trial court appointed counsel and an amended petition for post-conviction relief was filed. The State answered, and in its answer alleged that the petition should be summarily dismissed because it was filed outside of the applicable statute of limitations. The trial court granted the motion and dismissed the petition. Petitioner appealed, and filed his brief. The State has filed a motion for this court to affirm the dismissal pursuant to Rule 20 of the Rules of the Tennessee Court of Criminal Appeals. Finding merit in the motion, we grant same and affirm the judgment of the trial court.

Derrick Sawyers v. Kevin Myers, Warden
M2004-03040-CCA-R3-HC
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge Robert L. Jones

The Defendant, Derrick Sawyers, appeals from the trial court’s dismissal of his petition seeking habeas corpus relief. The State has filed a motion requesting that this court affirm the trial court’s denial of relief pursuant to Rule 20, Rules of the Court of Criminal Appeals. The State’s motion is granted. The judgment of the trial court is affirmed.

Johnny L. McGowan, Jr. v. State of Tennessee
M2004-03059-CCA-R3-CO
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge Don R. Ash

This matter is before the Court upon the State's motion to affirm the judgment of the trial court by memorandum opinion pursuant to Rule 20, Rules of the Court of Criminal Appeals. The appellant has appealed the trial court's order summarily dismissing his motion to withdraw his guilty plea. In that motion, the appellant argued that his guilty plea resulted in a void sentence because it was ordered to run concurrent to a prior unrelated offense that the appellant was out on bond for at the time of the commission of the offenses which resulted in the guilty plea. Upon a review of the record in this case, we are persuaded that the trial court was correct in summarily dismissing the motion and that this case meets the criteria for affirmance pursuant to Rule 20, Rules of the Court of Criminal Appeals. Accordingly, the State's motion is granted and the judgment of the trial court is affirmed.

Larry Bohannon v. State of Tennessee
W2004-00961-CCA-MR3-PC
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge W. Fred Axley

The Petitioner, Larry Bohannon, appeals from the trial court’s dismissal of his petition seeking post-conviction relief. The State has filed a motion requesting that this Court affirm the trial court’s denial of relief pursuant to Rule 20, Rules of the Court of Criminal Appeals. The petition was filed outside the applicable statute of limitations and is, therefore, time-barred. Accordingly, we affirm the dismissal of the trial court.

Wanda Shaw v. Shelby County Government
W2004-01110-COA-R3-CV
Authoring Judge: Presiding Judge W. Frank Crawford
Trial Court Judge: Judge Kay S. Robilio

Shelby County employee appealed denial of review by the County’s Civil Service Merit Board following elimination of her position. The Shelby County Circuit Court affirmed the denial of a review by the Board because employee’s position was eliminated due to loss of funding as opposed to disciplinary action against her. Employee appeals. We affirm.

Flautt And Mann, a Partnership v. The Council of The City Of Memphis, et al.
W2004-01188-COA-R3-CV
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Judge Rita L. Stotts

This appeal involves protracted litigation concerning the zoning of a parcel of land located in Memphis, Tennessee. After a bridge, which provided the only access to the property, washed away, the landowner planned to install and maintain billboards on the subject parcel by helicopter. The landowner initially applied to the Memphis City Council to have the subject parcel re-zoned from agricultural uses to commercial uses. The Memphis City Council rejected the landowner’s application. The landowner filed a petition for review by common law writ of certiorari and an action for declaratory judgment in the circuit court. The circuit court entered an order reversing the decision of the Memphis City Council and remanding the case to the Council for a new hearing.  Upon remand, the Memphis City Council once again rejected the landowner’s application. The landowner filed a petition for contempt in the circuit court alleging the Council violated the court’s order on remand. The trial court found that, while the Memphis City Council violated the court’s order in every respect, it was not in willful contempt of the court’s order because it relied on the erroneous advice of its lawyer in interpreting the order. The trial court then proceeded to remand the case to the Memphis City Council once more for a new hearing. The City filed an appeal. We reverse the decision of the trial court and remand the case to the trial court for further proceedings consistent with this opinion.

Carlos Rice v. State of Tennessee
W2004-02043-CCA-R3-PC
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge W. Fred Axley

This matter is before the Court upon the State’s motion to affirm the judgement of the trial court pursuant to Rule 20, Rules of the Court of Criminal Appeals. The Petitioner, Carlos Rice, appeals the trial court’s denial of post-conviction relief. The petition was filed outside the applicable statute of limitation and is, therefore, time-barred. Accordingly, we affirm the trial court’s dismissal.

Edward Rabbit, et al. v. Daniel L. Mills
M2004-01103-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Judge Thomas W. Brothers

This appeal involves a decision by the Davidson County Circuit Court to grant a petition for a writ of scire facias after expiration of the ten-year statute of limitations. In granting the petition, the trial court first found that the debtor was equitably estopped from asserting the defense of the statute of limitations because of his bad faith and willful misconduct. Next, the trial court found that the judgment creditors timely filed their petition for a writ of scire facias because the ten-year statute of limitations had been tolled by debtor's filing of a Chapter 13 bankruptcy case and also by the entry of the Order for Payment by Installments. The debtor appealed to this Court. The judgment of the trial court is reversed.

Chico Lopez Chigano v. State of Tennessee
E2004-00679-CCA-R3-HC
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge Buddy D. Perry

The petitioner, Chico Lopez Chigano, appeals from the trial court's order dismissing his petition for writ of habeas corpus. The state has filed a motion requesting that this court affirm the trial court's denial of relief pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. The petition fails to establish a cognizable claim for habeas corpus relief. Accordingly, the state's motion is granted and the judgment of the trial court is affirmed.

State of Tennessee v. Kenneth Lee Weston
E2004-00681-CCA-R3-PC
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge Ray L. Jenkins

The petitioner, Kenneth Lee Weston, appeals the trial court's dismissal of his petition for post-conviction relief. The State has filed a motion requesting that this Court affirm the trial court's denial of relief pursuant to Rule 20, Rules of the Court of Criminal Appeals. The petition was properly dismissed as barred by the statute of limitations. Accordingly, the State's motion is granted and the judgment of the trial court is affirmed.

David Bruce Myers v. Teri Lynne Brown Myers
E2004-01362-COA-R3-CV
Authoring Judge: Presiding Judge Herschel Pickens Franks
Trial Court Judge: Judge Ben K. Wexler

The Trial Court enforced a mediated Settlement Agreement, reduced to writing and signed by the parties, over the wife's objection. On appeal, we affirm.

State of Tennessee v. Marshaun Luden
E2004-01400-CCA-R3-CD
Authoring Judge: Judge J. C. McLin
Trial Court Judge: Mary Beth Leibowitz

The defendant, Marshaun Luden, appeals from the trial court's order revoking his probation and reinstating his original sentence of five years as a Range I, standard offender in the Department of Correction. The defendant does not contest the revocation of his probation. Rather, he argues that the trial court erred by failing to consider any additional alternative sentencing options. We affirm the judgment of the trial court.

Stephen G. Hughes v. State of Tennessee
E2004-02473-CCA-R3-HC
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge Robert E. Cupp

The petitioner, Steven G. Hughes, petitioned the Johnson County Criminal Court for habeas corpus relief from his Cocke County convictions of aggravated robbery. The court dismissed the petition, and the petitioner appealed. The state has moved this court to affirm the convictions pursuant to Tennessee Court of Criminal Appeals Rule 20. We sustain the court's motion and affirm the order of dismissal.

State of Tennessee v. Vincent Marcel Williams, alias, Vincent Marcel Wilkes
E2004-00355-CCA-R3-CD
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge Stephen M. Bevil

A Hamilton County Criminal Court jury convicted the defendant, Vincent Marcel Williams, of aggravated child abuse, a Class A felony, and reckless homicide, a Class D felony. The trial court sentenced him as a Range I, standard offender to concurrent sentences of twenty-five years for the aggravated child abuse conviction and four years for the reckless homicide conviction. The defendant appeals, claiming that (1) the evidence is insufficient to support his convictions; (2) the trial court erred by denying his motion to suppress evidence obtained in violation of Miranda v. Arizona, 384 U.S. 436, 86 S. Ct. 1602 (1966); (3) his right to a fair trial was violated when a police officer testified at trial concerning a polygraph test and the defendant's prior convictions; (4) the burden of proof was improperly shifted from the state to the defendant by the prosecutor's statements during closing argument; and (5) the trial court erred by refusing to apply or give sufficient weight to mitigating factors and by improperly applying enhancement factors in light of Blakely v. Washington, 542 U.S. __, 124 S. Ct. 2531 (2004). We affirm the defendant's convictions and sentences.

Johnnie Brewster v. American Residential Services, Inc. and Zurich America Insurance Company
M2004-00236-WC-R3-CV
Authoring Judge: Senior Judge Jerry Scott
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 Tenn. Code Ann. § 50-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. The trial court found that the employee had suffered a compensable injury to his left knee and awarded permanent partial disability benefits of forty percent for the left lower extremity, but
denied recovery for the employee’s back injury. The employee contends that the evidence preponderates against the trial court’s conclusion that his back injury was not compensable. For the reasons set forth below, we reverse the holding of the trial court and remand for a determination of permanent partial disability benefits.

State of Tennessee v. Peter L. Guynn
M2003-02917-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge Timothy L. Easter

The Defendant pled guilty to aggravated robbery and was also found guilty after a bench trial of especially aggravated kidnapping. The trial court sentenced the Defendant as a Range II, multiple offender to thirty-five years for the Class A felony especially aggravated kidnapping conviction, and to fifteen years for the Class B felony aggravated robbery conviction. The two sentences were ordered to be served consecutively. On appeal, the Defendant argues two issues: 1) his conviction for especially aggravated kidnapping violated his right to due process pursuant to State v. Anthony, 817 S.W.2d 299 (Tenn. 1991), and; 2) the trial court erred in imposing excessive sentences and in running the sentences consecutively. We affirm the judgments of the trial court.

James A. Vaughn v. State of Tennessee
M2004-00458-CCA-R3-PC
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Jane W. Wheatcraft

The Petitioner, James A. Vaughn, was convicted of one count of first degree murder, three counts of attempted first degree murder, and one count of reckless endangerment, and the trial court sentenced him to an effective sentence of life plus twenty-two years. This Court affirmed the Petitioner's convictions and sentences on appeal. The Petitioner subsequently filed a petition for post-conviction relief, which the post-conviction court dismissed after a hearing. On appeal, the Petitioner contends that the post-conviction court erred because he was denied the effective assistance of counsel. Finding no reversible error, we affirm the judgment of the post-conviction court.

State of Tennessee v. Curtis Tate
W2003-00217-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge James C. Beasley, Jr.

The appellant, Curtis Tate, was convicted by a jury in the Shelby County Criminal Court of second degree murder. Following a hearing, the trial court sentenced the appellant to twenty years incarceration in the Tennessee Department of Correction. On appeal, the appellant contends that (1) “[p]lain error exists in the record in that the two material and crucial witnesses were not called at trial”; (2) the trial court’s instructions to the jury were incomplete and misleading; (3) the trial court erred by instructing the jury on flight; (4) the evidence was insufficient to sustain the appellant’s conviction; and (5) the sentence imposed by the trial court was excessive. Upon review of the record and the parties’ briefs, we affirm the judgment of the trial court.

State of Tennessee v. Jose Luis Quintero
M2003-02311-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge J. O. Bond

After a bench trial, the Defendant, Jose Luis Quintero, was convicted of the first degree murders of Meceia Nelson and Darius Boleyjack. The Defendant waived a sentencing hearing and agreed to a sentence of two concurrent terms of life imprisonment without the possibility of parole. In this direct appeal, the Defendant contends that 1) the evidence is not sufficient to support his convictions; 2) the Defendant's statement to the police should have been suppressed; and 3) the trial court erred in allowing a witness to testify about statements made to her by one of the victims. Finding no errors entitling the Defendant to a reversal, we affirm the judgments of the trial court.

Clay Manley v. The Automobile Insurance Company of Hartford, Connecticut
M2003-02654-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Judge Carol L. Soloman

This appeal arises from a claim for homeowner's insurance benefits. In 1998, a tornado damaged a home in East Nashville. The owner of the home held an insurance policy that provided coverage for guaranteed replacement cost above the policy limit, once repairs had been completed. After the insurer had paid the owner the actual cash value of the damage, the owner sold the home to the plaintiff for $80,000. Along with the sale, the owner assigned to the plaintiff the rights to any claims or proceeds under the insurance policy. The plaintiff, without making any repairs, began a process of attempting to collect supplemental proceeds under the policy. After the insurer failed to respond to the plaintiff's demand for an appraisal, the plaintiff submitted two sworn statements in proof of loss, claiming a total of $405,072.93 in replacement costs. The insurer rejected the plaintiff's proofs of loss, and this suit followed. Following a jury trial, the trial court entered judgment in favor of the plaintiff for $405,072.93, in addition to $35,000 in damages for bad faith. Because we find that the judgment entered by the trial court was the product of an inconsistent jury verdict, we vacate and remand.

State of Tennessee ex rel., Sharon Whitelow v. Craig Johnson
M2003-02205-COA-R3-JV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Judge Betty K. Adams

This is a child support case. The appellant is the father of eight children who are the subject of this dispute. The State filed a petition in the Juvenile Court alleging that the children were dependent and neglected due to the drug use of the mother and father. The mother and father stipulated to these charges and the children were placed in the care of relatives. The State later filed a petition to establish paternity and set support, seeking adjudication of numerous issues, including child support. The trial court ruled on the issue of child support, but did not rule on the other issues. Without seeking permission for interlocutory appeal, the father appealed the ruling on child support. We dismiss the appeal, finding that the order from which the father appeals is not a final order and is thus not properly before this Court.

State of Tennessee v. Edward Chumney
W2004-00474-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge Roy B. Morgan, Jr.

The Appellant, Edward Chumney, appeals the revocation of his probation by the Madison County Circuit Court. On appeal, Chumney argues that the trial court was without authority to revoke his probation because the violation warrants were issued after his sentence of probation had expired.  After review, we agree that three of his sentences had expired; however, his two sentences for aggravated burglary had not. Accordingly, we affirm revocation of his two sentences for aggravated burglary and reverse and vacate revocation of his sentences for misdemeanor theft, class E felony theft, and class D felony theft. The case is remanded for correction of the records below to reflect this holding and for other proceedings consistent with this opinion.

State of Tennessee v. Santita Makeva Sutton
M2004-02200-CCA-R3-CD
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge W. Charles Lee

The defendant, Santita Makeva Sutton, pled guilty in the Bedford County Circuit Court to two counts of sale of one-half gram or more of cocaine, a Class B felony, possession with intent to sell one-half gram or more of cocaine, a Class B felony, possession of a weapon by a convicted felon, a Class E felony, and simple possession of a schedule VI controlled substance, a Class A misdemeanor. The trial court sentenced her to eight years for each Class B felony conviction, one year for the Class E felony conviction, and eleven months and twenty-nine days for the Class A misdemeanor conviction. The court ordered two of the three Class B felony convictions, the Class E felony conviction, and the Class A misdemeanor conviction to run concurrently with each other but consecutively to the other Class B felony conviction for an effective total sentence of sixteen years in the Department of Correction. The defendant appeals, claiming the trial court erred in denying her alternative sentencing under state law and the rule announced in Blakely v. Washington, 542 U.S. __, 124 S. Ct. 2531 (2004). We affirm the trial court.