W2002-02221-COA-R3-CV
W2002-02221-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby

Ursula Wimpee v. Grange Mutual Casualty Company
W2002-02795-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: John R. Mccarroll, Jr.

Leslie M. Buchholz v. Tennessee Farmers Life
W2002-02989-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Joe C. Morris

Dept. Children Serv. vs. Ericka Everson
W2002-01085-COA-R3-JV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Charles V. Moore
This case involves the termination of parental rights. The two children lived with their single mother in Arkansas. The mother and children stayed temporarily with the children's grandfather in Arkansas, who sexually abused one of the children. After the grandfather threatened the mother, she and the children went to Tennessee and stayed with the children's grandmother. The mother went back to Arkansas and left the children with the grandmother in Tennessee. The grandmother repeatedly sought medical attention for one of the children. A physician determined that the child was a victim of Manchausen Syndrome by Proxy, a form of child abuse in which the caretaker exaggerates or secretly induces symptoms of illness in the victim and then seeks medical attention for the victim's "illness." Both children were taken into custody by the Tennessee Department of Children's Services. A permanency plan was designed for the children's mother. The mother failed to comply with the permanency plan, provide support for the children, or visit the children on a regular basis. In addition, she abducted the children from foster care and would not protect them from the abusive grandmother. The State filed a petition to terminate the mother's parental rights. The trial court granted the petition, and the mother appeals. We affirm, finding that termination of the mother's parental rights was warranted on several grounds and that termination was in the children's best interest.

W2002-01945-COA-R3-CV
W2002-01945-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Walter L. Evans

State of Tennessee v. Glen Chandler
M2002-00207-CCA-R3-CD
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge Timothy L. Easter
The appellant, Glen Chandler, was convicted in a jury trial of the offenses of attempted first degree murder, attempted second degree murder, attempted voluntary manslaughter, and reckless endangerment. He was sentenced to an effective thirty-eight-years, eleven months and twenty-nine days sentence. In this appeal the appellant maintains the State failed to carry its burden of proof on the question of the appellant's sanity. He also argues that the trial court erred in failing to set aside the guilty verdict of attempted first degree murder because the proof established that the appellant was incapable of premeditation. After a review of the record and the applicable authorities we conclude that the State is not under any burden of proof with respect to the question of sanity in a criminal prosecution. We further find that the appellant has failed to establish that considering the evidence in the light most favorable to the prosecution, no reasonable trier of fact could have failed to find that the appellant’s insanity at the time of the offense was established by clear and convincing evidence. Finally, there is ample proof in the record from which any rational trier of fact could conclude that the appellant premeditated his attempt to kill Detective James Bentley. Thus, the evidence is sufficient to support the verdict of attempted first degree murder.

State of Tennessee v. Guadalupe Steven Mendez
E2002-01826-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge Lillie Ann Sells

The Defendant, Guadalupe Steven Mendez, was convicted by a jury of aggravated rape and especially aggravated sexual exploitation of a minor. The trial court sentenced the Defendant to terms of twenty-four years for the aggravated rape and ten years for the sexual exploitation. These sentences were ordered to be served concurrently to each other but consecutively to a prior sentence. In this direct appeal, the Defendant challenges the sufficiency of the evidence in support of the aggravated rape conviction, and further complains that his sentence is excessive. We affirm the judgments of the trial court.

Jason Reaves v. State of Tennessee
W2002-02540-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Arthur T. Bennett

The Defendant was convicted in general sessions court of Driving While Under the Influence and “Refusal to Submit.” He appealed his convictions and sentences to the Criminal Court for Shelby County. The Defendant failed to appear for his initial court hearing in criminal court, and a capias was issued for his arrest. The Defendant was arrested on the capias, posted bond, and subsequently appeared one hour late for a hearing in criminal court. The criminal court dismissed the appeal and remanded the case to general sessions court for the execution of the original judgments. This appeal ensued, in which the Defendant argues (and the State concedes) that the criminal court erred by dismissing the appeal and remanding the case to general sessions court. We agree and reverse the judgment of the criminal court.

W2002-02672-COA-R3-JV
W2002-02672-COA-R3-JV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Sam C. Nailling

State of Tennessee v. Reginald Derell Baldon
W2002-01766-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Joseph H. Walker, III

A Lauderdale County jury convicted the Defendant, Reginald Derell Baldon, of three counts of burglary, three counts of vandalism over $1,000, one count of theft over $1,000, one count of vandalism over $500, and four counts of misdemeanor theft stemming from three separate break-ins. He was sentenced to an effective term of twenty years. On appeal, the Defendant argues: (1) the evidence was insufficient to support his convictions; (2) the State failed to provide proper discovery pursuant to Tennessee Rule of Criminal Procedure 16; (3) the trial court erred in denying a motion for mistrial due to the prosecutor’s reference to the Defendant’s failure to testify; and (4) the trial court erred in refusing to instruct the jury on aggravated criminal trespass as a lesser-included offense of burglary. We also address whether lost evidence deprived the Defendant of a fair trial. We modify the judgment on one of the vandalism convictions to properly reflect the jury’s verdict, although this modification does not change the effective sentence of twenty years. Otherwise, we affirm the judgments of the trial court.

Ronald Jerome Butler v. State of Tennessee
M2002-01870-CCA-R3-PC
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge Seth W. Norman

The petitioner, Ronald Jerome Butler, filed a petition for post-conviction relief in the Davidson County Criminal Court, alleging that he received the ineffective assistance of trial counsel. The post-conviction court denied the petition, and the petitioner contests this ruling on appeal. Upon review of the record and the parties' briefs, we affirm the judgment of the post-conviction court.

State of Tennessee v. Barry L. Armistead
M2002-01877-CCA-R3-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Judge Seth W. Norman

Barry L. Armistead appeals from the Davidson County Criminal Court's revocation of his probationary sentences. He claims that the lower court erred in revoking probation because the state failed to prove a violation by a preponderance of the evidence. Because we disagree, we affirm the lower court's judgment.

State of Tennessee v. Charles Wade Smith, III
M2001-01740-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Donald P. Harris

The defendant, Charles Wade Smith, III, was convicted by a Perry County jury of second degree murder for the shooting death of his father. The trial court sentenced the defendant as a violent offender to seventeen years of incarceration. The defendant now appeals contending that: (1) he was deprived of the opportunity to present exculpatory evidence; (2) the trial court erred in not giving a jury instruction regarding the relevance of the Defendant's intoxication to negate his culpable mental state; and (3) the evidence presented is insufficient to support his conviction. Finding no error, we affirm the judgment of the trial court.

Donald Mitchell Green v. State of Tennessee
E2002-02517-CCA-R3-PC
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge Mary Beth Leibowitz

The petitioner, Donald Mitchell Green, pled guilty in the Knox County Criminal Court to aggravated robbery, failure to appear, and theft. Subsequently, the petitioner filed for post-conviction relief, alleging that he received the ineffective assistance of counsel. After a hearing, the post-conviction court denied the petition and the petitioner appealed. Upon review of the record and the parties' briefs, we affirm the judgment of the post-conviction court.

State of Tennessee v. Doris M. Dennison
E2003-01101-CCA-R3-CD
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge E. Shayne Sexton

The defendant, Doris M. Dennison, pled guilty in the Union County Criminal Court to five counts of aggravated sexual battery, a Class B felony. Pursuant to the plea agreement, the defendant received an eight-year sentence for each conviction with the issue of concurrent or consecutive sentencing to be determined by the trial court. After a sentencing hearing, the trial court ordered that the defendant serve counts one through four consecutively to each other but concurrently with count five for an effective sentence of thirty-two years in the Department of Correction. The defendant appeals, claiming that the trial court improperly ordered consecutive sentences. We affirm the judgments of the trial court.

State of Tennessee v. William E. McCarver
M2002-00123-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Buddy D. Perry

The defendant was convicted by a Sequatchie County Circuit Court jury of first degree premeditated murder for shooting his wife's boyfriend to death outside a gasoline station and convenience store. Because the State did not seek either the death penalty or life without parole, the trial court automatically sentenced him to life imprisonment in the Department of Correction. In this appeal as of right, the defendant raises essentially three issues: (1) whether the evidence was sufficient to support his conviction; (2) whether the trial court erred in admitting into evidence enhanced versions of the store surveillance videotape of the shooting; and (3) whether the trial court erred in its jury instructions on intentionally and knowingly. Following our review, we conclude that the evidence is sufficient to sustain the defendant's conviction for premeditated murder, the trial court did not err in admitting the videotapes, and any deficiency in the jury instructions constituted harmless error. Accordingly, we affirm the judgment of the trial court.

State of Tennessee v. Lee Ann Wolfe and Edward Carl Barnett
E2002-00776-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge James Edward Beckner

At a joint trial, a Hawkins County jury convicted each Defendant of numerous drug-related offenses. The same jury also convicted Defendant Wolfe of tampering with evidence and convicted Defendant Barnett of two theft offenses. Wolfe received an effective sentence of five years of incarceration, and Barnett's effective sentence was twelve years of incarceration. On appeal, both Defendants challenge the sufficiency of the convicting evidence and the propriety of the sentences imposed by the trial court. Finding no error, we affirm the judgments of the trial court.

State of Tennessee v. Albert D. Wilson, II
E2002-00890-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge D. Kelly Thomas, Jr.

The appellant, Albert D. Wilson, II, pled guilty in the Blount County Circuit Court to possession of a Schedule II controlled substance and was sentenced to eight years incarceration in the Tennessee Department of Correction. The appellant reserved two certified questions of law relating to the propriety of the search of his motel room. Upon review of the record and the parties' briefs, we affirm the judgment of the trial court.

State of Tennessee v. Kenneth Nolan Humphries
E2002-01255-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge Ray L. Jenkins

Defendant, Kenneth Nolan Humphries, appeals the trial court's revocation of probation. Defendant was separately indicted for three counts of Class D theft. On September 17, 1993, Defendant entered guilty pleas to all three charges, and the trial court sentenced him to serve three consecutive sentences of four years each and ordered him to pay restitution. Defendant's sentences were suspended, and he was placed on probation for twelve years. A probation violation warrant was filed and later amended. The revocation warrant was dismissed, and the trial court ordered Defendant to complete a drug and alcohol rehabilitation program. Subsequently, a second probation violation warrant was filed and later amended to include additional allegations. On April 16, 1997, Defendant pled guilty to two more charges of theft and received two six-year sentences to be served concurrently with each other and consecutively to Defendant's previous twelve-year sentence, for a total effective sentence of eighteen years. The trial court ordered that Defendant's sentence be supervised by the Community Alternatives to Prison Program (CAPP), to expire on April 16, 2015. A warrant for violation of CAPP was filed. Defendant was ordered to serve the remainder of his sentence on regular probation. A fourth probation violation warrant was filed. Following a hearing, the trial court found that Defendant had violated the conditions of probation and ordered Defendant to serve the remainder of his sentence in confinement. Defendant appeals the trial court's decision. After reviewing the record, we affirm the judgment of the trial court in part and reverse in part.

State of Tennessee v. Rex A. Gibson
E2002-01533-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Rex Henry Ogle

A Sevier County jury convicted the Defendant of driving under the influence and failure to carry a driver's license. The trial court sentenced him to ninety days of incarceration, followed by supervised probation, and suspended his license for two years. He now appeals, claiming: (1) that the trial court erred in failing to suppress all evidence gained as a result of his traffic stop; and (2) that the trial court erred by admitting into evidence the results of his breathalyzer test. In the event that this Court finds that either the traffic stop was unconstitutional or the breathalyzer test was inadmissable, then, the Defendant contends, the remaining evidence is insufficient to support his conviction. Finding no reversible error, we affirm the judgment of the trial court.

Shirley P. Secrest v. Tera C. Haynes, et al.
M2002-01895-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: Judge F. Lee Russell

The appeal involves a claim for property damages by Shirley Secrest ("Secrest" or "Plaintiff") against Kenneth Smith and Tera Haynes, who were driving separate vehicles involved in a multi-vehicle accident with a vehicle owned by Plaintiff. After a trial, the Trial Court concluded that while the driver of Plaintiff's vehicle was not at fault and that either one or both of the Defendants were at fault, the complaint nevertheless should be dismissed because: (1) Plaintiff failed to prove by a preponderance of the evidence that Kenneth Smith was negligent; and (2) Plaintiff failed to prove by a preponderance of the evidence that Tera Haynes was negligent. Plaintiff appeals, claiming the Trial Court was required to allocate fault to Smith and/or Haynes once it concluded that Plaintiff was not at fault and either one or both of the Defendants were at fault. We affirm.

Wanda Hobson v. The Metropolitan Government of Nashville and Davidson County, Tennessee
M2002-02512-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Judge Barbara N. Haynes

Plaintiff initiated this action alleging breach of contract, interference with contractual relations, and pursuant to the Governmental Tort Liability Act. The trial court dismissed the action for failure to state a claim. We affirm.

State of Tennessee v. Jeremy White
W2001-02580-SC-R11-CD
Authoring Judge: Justice E. Riley Anderson
Trial Court Judge: Judge Arthur T. Bennett

We granted review to determine whether the Court of Criminal Appeals erred in concluding that defense counsel's dual roles as part-time assistant district attorney and defense counsel in this case created a conflict of interest requiring removal of counsel. The trial court found that defense counsel must be disqualified under the facts of this case because a "perceived" conflict of interest existed that could not be waived by the defendant. The Court of Criminal Appeals affirmed on the ground that an actual conflict of interest existed. After reviewing the record, we conclude that counsel's dual roles as prosecutor and defense counsel created an actual conflict of interest that required disqualification. Accordingly, the judgment of the Court of Criminal Appeals is affirmed.

State of Tennessee v. Ralph Lamar Williams alias Ralph Daniels
E2002-02274-CCA-R3-CD
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge Rebecca J. Stern

A Hamilton County Criminal Court jury convicted the defendant, Ralph Lamar Williams, of four counts of aggravated rape, a Class A felony; one count of rape, a Class B felony; and one count of aggravated kidnapping, a Class B felony. The trial court sentenced him as a violent offender to life without parole for each conviction. The defendant appeals, claiming that the prosecutor improperly suggested to the jury during closing argument that the defense bore the burden of establishing the defendant's innocence. We affirm the judgments of the trial court.

Sharron Johnson et al., Rodney Lockhart
M2002-00623-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Judge C. L. Rogers

Sharron Johnson brought suit against her former husband, Rodney Lockhart, alleging breach of an oral contract to pay equal shares of the college expenses for their son, Paul G. Lockhart. The Circuit Court of Sumner County entered judgment for Ms. Johnson, and Mr. Lockhart appeals. We affirm the judgment of the trial court.