Eric Biggs v. State of Tennessee
W2002-00859-CCA-R3-PC
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge James C. Beasley, Jr.

Eric Biggs appeals the Shelby County Criminal Court's denial of his petition for post-conviction relief. Biggs is presently serving an effective 45-year sentence for fourteen robbery-related offenses to which he pleaded guilty. In his post-conviction attack, he claims that he was not afforded the effective assistance of counsel in the conviction proceedings and that as a result, his guilty pleas were not knowingly, voluntarily, and intelligently entered. The petitioner also makes a second claim that his guilty pleas were not knowingly, voluntarily, and intelligently entered because he believed that his sentencing range would increase with each subsequent conviction.

State of Tennessee v. Kevin Lamont Hutchison
M2001-03174-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge Michael R. Jones

The appellant, Kevin Lamont Hutchison, was convicted by a jury in the Montgomery County Circuit Court of aggravated robbery. The trial court sentenced the appellant to seventeen years imprisonment in the Tennessee Department of Correction. On appeal, the appellant contends that the evidence was not sufficient to support his conviction. Upon review of the record and the parties' briefs, we affirm the judgment of the trial court.

Susan Taylor v. Square D Company
M2002-01620-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: Robert E. Corlew, III
Disobeying the direct orders of his supervisor, an electrician began work on a substation without following the proper safety procedures. He was electrocuted and perished almost instantly. The widow of the electrician brought suit against the manufacturer of the substation, alleging that the manufacturer was negligent and had defectively designed an unreasonably dangerous product. The trial court granted summary judgment for the manufacturer. Because there are no material factual disputes, and the negligence of the electrician was clearly greater than that of the manufacturer, we affirm the decision of the trial court.

Inez Seals and Terry Hurd v. Life Investors Insurance
M2002-01753-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: John W. Rollins
This is a case involving the reformation of a settlement agreement terminating claims on two policies between plaintiffs and the defendant insurance company. The trial court refused to reform the settlement agreement and denied defendants their attorney's fees. For the following reasons, we affirm in part, reverse in part, and remand this case for further proceedings.

Mary Watkins v. Bryan Watkins
M2002-01777-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Royce Taylor
This is an appeal from an order denying a Tenn. R. Civ. P. 60.02 motion to set aside a default judgment entered in favor of Wife in her divorce from Husband. For the following reasons, we vacate the order of the trial court and remand for further proceedings.

State of Tennessee v. Vernica Shabree Ward
M2002-01816-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge Cheryl A. Blackburn
Defendant, Vernica Shabree Ward, appeals her conviction for second degree murder following a jury trial in the Davidson County Criminal Court. The victim was her daughter Stephanie Ward.  Defendant was sentenced to twenty-five years in confinement. In this appeal as of right, Defendant presents eight issues for our review: (1) whether the trial court erred by allowing expert testimony by two witnesses based in part upon the deaths of two other children in addition to the victim in this case; (2) whether the trial court abused its discretion by allowing an expert to testify as to Defendant’s prior attempts to seek medical treatment for Stephanie and that Defendant had other living children; (3) whether the trial court erred by ruling that testimony regarding the statistical improbability of three unexplained infant deaths in the custody of the same caregiver would be admissible by the State as rebuttal proof if Defendant raised the issue of accident or mistake; (4) whether the trial court erred by allowing Dr. Case to testify despite the fact that defense counsel was unable to meet with Dr. Case prior to trial; (5) whether the testimony of the two medical experts at trial was cumulative; (6) whether the trial court properly denied Defendant’s request for a mistrial based on the State’s closing argument; (7) whether the evidence was sufficient to convict Defendant of second degree murder; and (8) whether the trial court properly sentenced Defendant to twenty-five years imprisonment. After a careful review of the record, we reverse the judgment of the trial court and remand for a new trial.

State of Tennessee v. Vernica Shabree Ward - Concurring
M2002-01816-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Cheryl A. Blackburn
I agree with the majority opinion that the so-called “rule of three” evidence should have been excluded in this case, based upon the trial court’s initial ruling that there was insufficient foundation laid to allow its admissibility. I write separately to express that I limit my decision to the instant case. After careful review, I concluded that the admissibility of this evidence was a very close decision and deferred, as I must, to the trial court’s decision. However, with additional testimony concerning the McDaniel factors, a proper foundation might be laid for admitting expert testimony concerning the “rule of three."

State of Tennessee v. Mikel Ulysees Primm
M2002-01889-CCA-R3-CD
Authoring Judge: Presiding Judge Gary R Wade
Trial Court Judge: Judge Allen W. Wallace

The defendant, Mikel Ulysees Primm, was convicted of speeding, simple possession of cocaine, simple possession of marijuana, possession of drug paraphernalia, and criminal impersonation. The trial court imposed a sentence of 30 days for the speeding offense, 11 months and 29 days on each of the three possession offenses, and six months for the criminal impersonation offense. The sentence for criminal impersonation is to be served consecutively to the sentence for simple possession of cocaine. The remaining sentences are to be served concurrently to the sentence for simple possession of cocaine and to each other. In this appeal of right, the defendant argues that the trial court provided erroneous instructions to the jury as to the definition of constructive possession. The judgments are affirmed.

Irby C. Simpkins v. Peaches G. Blank
M2002-02383-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Walter C. Kurtz
This case involves an appeal from a grant of summary judgment equitably dividing a tax refund of the parties and refusing to reopen the parties' marital dissolution agreement. In addition, appellant contends the trial court erred by awarding attorney's fees to appellee for issues relating to child support litigated below. For the following reasons, this Court affirms the decision of the trial court.

State of Tennessee v. Treasa Renee Shorter
M2002-02387-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge W. Charles Lee

The defendant, Treasa Renee Shorter, pled guilty to possession of .5 grams or more of cocaine with intent to sell. The trial court imposed a sentence of nine years and nine months to be served in the Department of Correction. In this appeal, the defendant contends: (1) her sentence is excessive; and (2) the trial court erred in denying alternative sentencing. We affirm the judgment of the trial court.

State of Tennessee v. Jesse Tuggle
M2002-02426-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge Timothy L. Easter

The appellant, Jesse Tuggle, was convicted by a jury in the Williamson County Circuit Court of one count of forgery, one count of theft of property valued under $500, and one count of criminal impersonation. The trial court sentenced the appellant to one and one-half years of imprisonment in the Tennessee Department of Correction for the forgery conviction, eleven months and twenty-nine days imprisonment for the theft conviction, and six months imprisonment for the criminal impersonation conviction. The trial court further ordered the sentences to be served concurrently. On appeal, the appellant contests the sufficiency of the evidence supporting his forgery conviction and argues that the trial court erred in denying alternative sentencing. Upon review of the record and the parties' briefs, we affirm the judgments of the trial court.

Lynn Blevins v. Lester Blevins
M2002-02583-COA-R3-CV
Authoring Judge: Judge Frank Clement, Jr.
Trial Court Judge: Tom E. Gray
This appeal arises from Wife's complaint for divorce. Based on Husband's failure to file an answer, Wife filed a motion for default and notice of hearing. Husband attended the hearing pro se and was afforded the opportunity to continue the hearing to retain legal counsel but declined to do so. After receiving testimony, the trial court awarded Wife a divorce, divided marital property and awarded Wife rehabilitative alimony for 60 months. Husband appeals, asserting that the trial court's division of marital property was not fair and equitable and that Wife did not provide proof sufficient to establish a proper basis for an award of rehabilitative alimony. We reverse and modify in part the division of marital property and indebtedness and reclassify the alimony from rehabilitative to in solido. In all other respects, we affirm the trial court.

Freddie Vaught v. State of Tennessee
M2003-00955-CCA-R3-PC
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge James K. Clayton, Jr.

The petitioner appeals the denial of post-conviction relief. He argues his guilty plea to second degree murder was involuntary due to ineffective assistance of trial counsel. We affirm the judgment of the post-conviction court.

In Re: D.D.K., D.M.M., and T.J.M., Jr.
M2003-01016-COA-R3-PT
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: L. Raymond Grimes
This appeal involves a petition filed by the Department of Children's Services to terminate the parental rights of Father to his two minor children. The trial court granted the petition and Father appeals the decision. Because we find the petition was improperly granted, we vacate and remand.

State of Tennessee v. Lavondas Cordell Nelson
M2003-01525-CCA-R3-CO
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Don R. Ash

The Petitioner, Lavondas Cordell Nelson, pled guilty to one count of reckless endangerment with a weapon and one count of possession of a handgun by a felon in the Rutherford County Circuit Court, and the trial court imposed suspended two year sentences for each count, to be served consecutively, plus four years of probation at the expiration of those terms. The Petitioner filed a pro se petition for writ of habeas corpus and a motion requesting that the trial court appoint an attorney to represent him during the habeas corpus proceeding. The trial court denied his motion and dismissed his petition for writ of habeas corpus. On appeal, the Petitioner contends that: (1) the trial court erred in dismissing his petition for writ of habeas corpus; and (2) the trial court erred by denying his motion for appointment of counsel. Finding no reversible error, we affirm the trial court's judgment.

Nashville & Davidson County v. Margaret Hudson
M2002-02847-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Irvin H. Kilcrease, Jr.
This case involves an appeal from the trial court's grant of Appellee's motion for summary judgment. Appellee filed suit seeking to enjoin Appellant to remove vinyl siding that she had installed on her house in violation of a historic zoning ordinance. Appellant counter-complained alleging that the ordinance was void and unenforceable on grounds that the ordinance was unconstitutional and never properly adopted. Appellee subsequently moved for summary judgment which the trial court granted. We affirm.

Donald Britt v. Roxanne Howell
M2002-03070-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Robert L. Jones
The parties are adjacent commercial landowners of two story buildings with the second floors of their buildings being serviced by a common stairway between the two properties. The dispute involves use of the stairway and storage closets under and over the stairwell. The trial court held that the stairway was a common stairway, owned in equal undivided interests by the parties as was the upper floor storage area. The trial court further held that the lower floor storage area belonged exclusively to Appellees. We affirm the judgment of the trial court.

Eleonora Kogan. v. Tennessee Board of Dentistry
M2003-00291-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Irvin H. Kilcrease, Jr.
In this case we are asked to determine the type of notice required to be given a defendant in a contested case hearing before a state administrative agency. We determine that Tennessee Compilation of Administrative Rules and Regulations 13604-1-.06 applies and requires personal service, return receipt mail, or, in the event of evading service, personal service with a person at the parties' dwelling place. In the case at bar, service of notice of the new trial date was made through regular mail only. This method of service is insufficient. The decision of the Board of Dentistry is vacated, and the case is remanded.

State of Tennessee v. Jerome Comer
M2003-00733-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Buddy D. Perry

A Franklin County jury convicted the Defendant of one count of Sale of a Schedule II Controlled Substance, cocaine, and one count of Delivery of a Controlled Substance, also cocaine. The trial court merged the convictions and sentenced the Defendant to eight years in prison. The Defendant appeals, contending: (1) there was insufficient evidence to support his convictions; and (2) that the trial court imposed an excessive sentence. After reviewing the record, we conclude that sufficient evidence was presented to support the Defendant's convictions and the trial court did not err in sentencing the Defendant. Accordingly, we affirm the judgments of the trial court.

Earl M. Shahan v. Franklin County
M2002-00725-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: John W. Rollins
This case involves a dispute between Franklin County and the developer and residents of a subdivision over the maintenance of roads in the subdivision. After the county declined the developer's public dedication of the roads and denied applications for building permits in the subdivision because of inadequate roads, the developer and several property owners filed separate suits against the county in the Chancery Court for Franklin County to determine the responsibility for maintaining the roads. The property owners also sought specific performance and damages from the developer. The trial court consolidated the cases and, following a bench trial, held that the county was not responsible for maintaining the roads. The trial court also directed the developer to bring the roads up to 1990 subdivision standards. The developer asserts on this appeal that there had been an implied public dedication of the roads and, therefore, that the county was responsible for maintaining them. For their part, two property owners assert that they are entitled to damages in addition to specific performance. We have determined that the trial court correctly determined that the roads were not public roads and that the property owners were not entitled to damages as well as specific performance. However, we have also determined that the trial court should have ordered the developer to bring the roads up to the county's current road standards.

State of Tennessee v. Lori Ann Duncan
E2003-00423-CCA-R3-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Judge R. Jerry Beck

Lori Ann Duncan appeals the Sullivan County Criminal Court's revocation of her probationary sentence. Duncan claims that the lower court abused its discretion in ordering her to serve her sentence in incarceration in the Department of Correction. However, we are unpersuaded and affirm the lower court's judgment.

State of Tennessee v. Charles Johnston
E2002-02028-CCA-R3-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Judge Lynn W. Brown

Charles Johnston appeals from his Carter County Criminal Court conviction of contempt of court. He claims that the evidence does not sufficiently support the conviction, that his due process rights were violated in the conviction proceedings, that the court erroneously admitted an audiotape of prior proceedings in the general sessions court, that he was sentenced too harshly and unfairly denied judicial diversion, and that the lower court abused its discretion in setting his appeal bond. Because we discern no reversible error, we affirm the defendant's conviction and sentence.

Meaji Nisley Lockmiller v. Mark Lockmiller
E2002-02586-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: John B. Hagler, Jr.
In this divorce case, the parties contested, among other things, the issues of divorce and the custody of their minor children, Victoria Grace Lockmiller (DOB: August 27, 1994) and James Roman Lockmiller (DOB: November 24, 1998). Expressing its belief that Mark Douglas Lockmiller ("Father") would not tell "a knowing untruth," the trial court granted him a divorce from Meaji Lynn Nisley Lockmiller ("Mother") on the ground of inappropriate marital conduct and designated him as the primary residential parent of the parties' children. Wife appeals, contending that the evidence preponderates against the trial court's award of primary custody to Father. We affirm.

State of Tennessee v. Julius L. Jones
W2002-02336-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge W. Fred Axley

The defendant was convicted of facilitation of felony murder, a Class A felony, and sentenced to twenty-three years. The defendant contends on appeal that the trial court erred in 1) allowing testimony by Dozier that the defendant told her the victim had been involved in the robbery because the statement was inadmissible hearsay, and 2) refusing to admit the prior written statement of Dozier into evidence under Tennessee Rule of Evidence 613(b). We remand for correction of the judgment form to reflect the correct felony classifications. The judgment of the trial court is affirmed in all other respects.

State of Tennessee v. Billy M. Higgins
W2003-00310-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge C. Creed McGinley

The defendant, Billy M. Higgins, appeals the revocation of his probation, arguing that the trial court abused its discretion in revoking his probation for failure to complete a drug rehabilitation program. Following our review, we affirm the order of the trial court.