03-03-026-CC
03-03-026-CC
Trial Court Judge: A. Andrew Jackson

Jennifer Biscan v. Franklin Brown
M2001-02766-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: Carol L. Soloman
After attending a party where alcohol was present, a minor intoxicated driver and minor guest passenger were involved in an automobile accident in which the passenger suffered serious injury. The passenger sued the driver and the adult host of the party. The jury awarded the minor guest passenger damages and allocated fault 70% to the minor intoxicated driver, 15% to the adult party host, and 15% to the minor guest passenger. The driver and the host appeal various rulings of the trial court. We affirm.

Milburn L. Edwards v. State of Tennessee
M2002-02124-CCA-R3-PC
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge J. Randall Wyatt, Jr.

Petitioner, Milburn L. Edwards, filed a petition for post-conviction relief, which was subsequently amended. Following an evidentiary hearing, the petition for post-conviction relief was dismissed. On appeal, Petitioner argues (1) that the post-conviction court erred in not stating its findings of fact and conclusions of law in its order denying Petitioner post-conviction relief; (2) that Petitioner received ineffective assistance of counsel at trial and on appeal; and (3) that Petitioner was not afforded a full and fair evidentiary hearing. After a thorough review of the record, we find no error and affirm the judgment of the post-conviction court.

Cecil Jacobs v. Edwin Underhill
M2002-02866-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Timothy L. Easter
The appellants challenge the trial court's Order commanding them to remove a portion of their patio and garage and any portion of their residence constructed since 1999 which encroaches on the appellees' property. We affirm.

Morristown Surgery v. Tennessee Health Facilities Commission
M2002-02872-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Ellen Hobbs Lyle
This appeal under the Administrative Procedures Act challenges a chancery court order affirming the dismissal of the Appellant's Petition for Contested Case Review. We affirm.

In the Matter of: D.L.(P.)C.,et al
M2003-00088-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Muriel Robinson
Mother appeals the trial court's award of custody of her four minor children to the Tennessee Department of Children's Services based on a finding of dependency and neglect. We affirm.

Jerry Lee Cowan v. State of Tennessee
E2003-00652-CCA-R3-PC
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Judge D. Kelly Thomas, Jr.

The petitioner, Jerry Lee Cowan, seeks appellate review of the Blount County Circuit Court's denial of his motion to reopen his 1992 post-conviction relief petition. Finding no merit in the appeal, we affirm the lower court's judgment.

Helen Louise Henson v. Factory & Steel Transportation,
M2002-02761-WC-R3-CV
Authoring Judge: Joe C. Loser, Jr., Sp. J.
Trial Court Judge: Allen Wallace, Judge
In this appeal, Tennessee Insurance Guaranty Association insists the trial court erred in determining (1) the employee was permanently and totally disabled, (2) the last injurious injury rule did not apply and (3) the employee's permanent and total disability benefits accrued beginning March 14, 21. The employee insists the preponderance of the evidence supports the findings of the trial court. As discussed below, the panel has concluded the judgment should be modified with respect to the date of injury.

Victor Salazar v. Concrete Form Erectors, Inc.,
M2002-03040-WC-R3-CV
Authoring Judge: Joe C. Loser, Jr., Sp. J.
Trial Court Judge: Irvin H. Kilcrease, Chancellor
In this appeal, the employer insists the trial court erred in (1) finding that the claim is not barred by the employee's willful and intentional failure to follow established policy requiring the use of a safety appliance, (2) finding that the employee has a 39 percent medical impairment and awarding permanent partial disability benefits based on 78 percent to the body as a whole. As discussed below, the panel has concluded the evidence fails to preponderate against the findings of the trial court.

State of Tennessee v. Titus Champion
W2002-02829-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge Clayburn L. Peeples

The appellant, Titus Champion, was convicted of robbery pursuant to a bench trial in the Gibson County Circuit Court. The trial court sentenced the appellant as a Range II multiple offender to six years incarceration in the Tennessee Department of Correction. On appeal, the appellant contends that the State did not prove the element of violence as was alleged in the indictment charging the appellant with robbery. Finding the appellant’s argument to have merit, we modify his conviction for robbery to a conviction for theft under $500 and remand to the trial court for sentencing.

Carl E. Saine v. State of Tennessee
W2002-03006-CCA-R3-PC
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge W. Fred Axley

On September 1, 1977, the petitioner, Carl E. Saine, was convicted by a jury in the Shelby County Criminal Court of one count of rape and one count of assault with the intent to commit murder in the first degree. He was sentenced to ninety-five years imprisonment for his rape conviction and to not less than six years nor more than twenty-one years imprisonment for his assault conviction. Subsequently, the petitioner filed to compel testing of evidence under the Post-Conviction DNA Analysis Act of 2001. The post-conviction court denied the petition and the petitioner timely appealed. Upon review of the record and the parties’ briefs, we affirm the judgment of the post-conviction court.

State of Tennessee v. Hoyle Orr
E2002-03061-CCA-R3-CD
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge D. Kelly Thomas, Jr.

The defendant, Hoyle Orr, appeals as of right from his convictions following a bench trial in the Blount County Circuit Court for driving under the influence (DUI), third offense, a Class A misdemeanor, and driving on a revoked license, a Class B misdemeanor. The defendant received concurrent sentences of eleven months, twenty-nine days for the DUI and six months for driving on a revoked license and was ordered to serve seven months of his sentence in the county jail, the remainder on probation. He was fined one thousand, one hundred dollars and his license was revoked for three years. The defendant contends that (1) the evidence is insufficient to support his conviction for DUI, and (2) the trial court erred by sentencing him to more than the statutory minimum amounts of confinement for the convictions. We affirm the judgments of conviction.

Andrew Levi Jefferson v. State of Tennessee
M2002-01604-CCA-R3-PC
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Judge Steve R. Dozier

The petitioner, Andrew Levi Jefferson, appeals from the Davidson County Criminal Court's denial of post-conviction and habeas corpus relief. In his amended, combined petitions for relief, the petitioner challenges his 2001, guilty-pleaded convictions of second degree murder and attempt to commit especially aggravated robbery. On appeal, the petitioner claims post-conviction relief because his trial counsel were ineffective in failing to defeat the transfer of the petitioner's case from juvenile court to criminal court, in preventing the petitioner from testifying at the transfer hearing, by failing to investigate and discover the petitioner's mental status, and in failing to present a critical issue in pretrial motions. Also, the petitioner claims that his guilty pleas were involuntary and unknowing and that he was denied due process because he was not allowed to testify in the juvenile court transfer hearing. In his joined claim for habeas corpus relief, the petitioner claims that, because of errors in the transfer from juvenile court, the criminal court lacked jurisdiction to adjudicate his case. Based upon our review, we find no reversible error and affirm the actions of the post-conviction court.

State of Tennessee v. Steven A. Norvell
M2002-01866-CCA-R3-CD
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge Frank G. Clement, Jr.

The defendant, Steven A. Norvell, was convicted by a Davidson County Criminal Court jury of driving under the influence (DUI), third offense, a Class A misdemeanor. The trial court sentenced him to eleven months, twenty-nine days to be served as one hundred forty days in jail and the remainder on probation. In addition, the trial court ordered that he participate in an alcohol evaluation and treatment program, suspended his driving privileges for three years, and imposed a one thousand one hundred dollar fine. The defendant contends that the evidence is insufficient to support his conviction because the state offered no proof that the result of his breathalyzer test was accurate. We affirm the judgment of the trial court.

Jason Michael Crim v. State of Tennessee
M2002-03013-CCA-R3-PC
Authoring Judge: Presiding Judge Gary R Wade
Trial Court Judge: Judge John H. Gasaway, III

The petitioner, Jason Michael Crim, appeals the trial court's denial of his application for post-conviction relief. The single issue presented for review is whether the petitioner was denied the effective assistance of counsel. The judgment is affirmed.

Bridgecourt Apartments vs. Carmen Ellerbe
E2003-01298-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: Daryl R. Fansler
Plaintiff paid off mortgage on apartments and then sued for an accounting, alleging overpayment. The Trial Court invoked the voluntary payment rule and dismissed the case. On appeal, we affirm.

Dept.of Child.Services vs. G.C.
E2003-01532-COA-R3-CV
Trial Court Judge: Suzanne Bailey
The trial court terminated the parental rights of G.C. ("Mother") with respect to her minor children, I.A.J.C. (DOB: April 3, 1999), M.L.K.L.II (DOB: July 31, 2000), and J.E.L. (DOB: July 22, 2002). Mother appeals, arguing that the evidence preponderates against the trial court's finding, by clear and convincing evidence, that statutory grounds exist for termination. We affirm.

Frank Robert Bigsby v. State of Tennessee - Dissenting
M2002-02260-CCA-R3-PC
Authoring Judge: Presiding Judge Gary R. Wade
Trial Court Judge: Judge James K. Clayton, Jr.
I write separately because I believe that in this instance the post-conviction court's failure to make specific findings of fact does not preclude appellate review. Tennessee Code Annotated section 40-30-211 provides, in pertinent part, as follows:(b) Upon the final disposition of every petition, the court shall enter a final order, and except where proceedings for delayed appeal are allowed, shall set forth in the order or a written memorandum of the case all grounds presented, and shall state the findings of fact and conclusions of law with regard to each such ground.

Frank Robert Bigsby v. State of Tennessee
M2002-02260-CCA-R3-PC
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge James K. Clayton, Jr.
The Appellant, Frank Robert Bigsby, appeals the Rutherford County Circuit Court’s dismissal of his petition for post-conviction relief. The sole issue in this appeal is whether Bigsby was denied the effective assistance of counsel. We are precluded, however, from reviewing this issue based upon the post-conviction court’s failure to make discernable findings of fact and conclusions of law, as required by Tennessee Code Annotated § 40-30-111(b) (2003). Accordingly, this case is remanded for further proceedings consistent with this opinion.

Shannon Pattum v. State of Tennessee
M2002-02435-CCA-R3-PC
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Judge Seth W. Norman

The petitioner, Shannon Pattum, appeals from the Davidson County Criminal Court’s denial of post-conviction relief. He claims that his 1999 conviction for attempt to commit second degree murder is the result of ineffective assistance of counsel and an unknowing, involuntary guilty plea. The lower court disagreed and dismissed the petition. Upon our review of the record, the briefs of the parties, and the applicable law, we affirm.

State of Tennessee v. Mark Maynard
M2002-02466-CCA-R3-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Judge Michael R. Jones

The defendant, Mark Steve Maynard, appeals from the Montgomery County Circuit Court's ruling on a probation violation warrant. On September 11, 2002, the court revoked the defendant's October 20, 2000 probation that had resulted from four felony bad check convictions. The court ordered the defendant to serve his original effective sentence of eight years in the Department of Correction. Although the defendant admitted that he had violated his probation, he challenges the trial court's decision to require him to serve the original sentences in incarceration. Discerning no error in the lower court's judgment, we affirm.

Michael T. Guthrie v. State of Tennessee
M2003-00832-CCA-R3-PC
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge W. Charles Lee

The petitioner appeals the summary dismissal of his post-conviction petition, alleging that proof of counsel's substance abuse was a "late-arising" claim that involved due process concerns. The petitioner also challenged his hybrid sentence as to voluntary manslaughter as illegal and unconstitutional. We affirm the trial court's dismissal.

Bobby D. Canada v. State of Tennessee
E2003-00804-CCA-R3-PC
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge E. Shayne Sexton

The petitioner was indicted for first degree murder and aggravated arson. Pursuant to a plea agreement, he pled guilty to second degree murder and setting fire to personal property. The petitioner filed for post-conviction relief, contending that he received ineffective assistance of counsel and that his guilty plea was not knowing and voluntary. The post-conviction court denied the petitioner relief. The judgment of the post-conviction court is affirmed.

Walter E. Grantham, IIl vs. Robert Larry McGill
E2003-02005-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: Howell N. Peoples
Mary Frances McGill sued Robert Larry McGill ("Defendant") seeking return of personal property and claiming fraudulent execution of a deed to real property. Ms. McGill died and Walter E. Grantham, II, Administrator C.T.A. of the Estate of Mary Frances McGill ("Plaintiff") was substituted as plaintiff in this case. The case was tried and the Trial Court entered a final decree dismissing the complaint. Plaintiff appeals. The record contains neither a transcript nor a statement of the evidence. We affirm.

State of Tennessee v. Dominic O. Woods
W2003-00029-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge C. Creed McGinley

The defendant contends on appeal that the trial court erred in denying alternative sentencing. The defendant pled guilty to possession of crack cocaine (Schedule II controlled substance) with intent to sell (Class B felony). He agreed to an eight-year sentence, with the manner of service to be determined at a sentencing hearing. The trial court ordered the sentence to be served in the Tennessee Department of Correction, based on the defendant’s prior criminal record and his inability to reform his conduct. The judgment of the trial court is affirmed.