State of Tennessee v. Kevin Scott Olmstead
M2002-02120-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge Cheryl A. Blackburn

The defendant, Kevin Scott Olmstead, pled guilty to two counts of aggravated assault. Following a sentencing hearing, the trial court imposed two consecutive five-year sentences. On appeal, the defendant contends his sentences are excessive. We affirm the judgments of the trial court.

State of Tennessee v. Stephanie C. Hadley
M2002-02441-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge Robert E. Burch

The defendant pled guilty to felony failure to appear. Following a sentencing hearing, the trial court imposed a one-year sentence with ninety days of incarceration followed by probation. The defendant appeals the denial of full probation. We affirm the judgment of the trial court but remand for correction of a clerical error in the judgment.

Rosie Mae Thomas v. Magna Seating Systems of America,
W2002-02403-WC-R3-CV
Authoring Judge: Allen W. Wallace, Sr. J.
Trial Court Judge: George R. Ellis, Chancellor
In this appeal employer contends that the trial court erred in admitting the testimony of Dr. Joseph C. Boals, III and that the evidence preponderates against the trial court's award of 25% permanent partial disability to the left arm. For reasons stated in this opinion, We affirm the judgment of the trial court.

State of Tennessee v. Bobby Holt, Jr.
W2002-02443-CCA-R3-CD
Authoring Judge: Presiding Judge Gary R Wade
Trial Court Judge: Judge C. Creed McGinley

The defendant, Bobby Holt, Jr., pled guilty to one count of aggravated burglary, four counts of burglary, three counts of theft over $1000, and one count of theft under $500. The trial court imposed sentences of five years for aggravated burglary, three years on each count of burglary, three years on each count of theft over $1000, and eleven months and twenty-nine days for theft under $500. The sentences were ordered to be served concurrently, for an effective, Range I sentence of five years. In this appeal, the defendant asserts that (1) the trial court erred in the application of enhancement and mitigating factors and (2) that the trial court erred by denying an alternative sentence. The judgments of the trial court are affirmed.

State of Tennessee v. Steven Paul Deskins
M2002-01808-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Steve R. Dozier

A Davidson County jury convicted the defendant, Steven Paul Deskins, of seven counts of rape of a child and four counts of aggravated sexual battery. The trial court imposed an effective seventy-year sentence. In this appeal, the defendant challenges: (1) the sufficiency of the evidence supporting his convictions; (2) the admissibility of evidence indicating the defendant married his wife when she was seventeen years old; (3) the admissibility of evidence regarding statements the defendant made to his wife during sexual intercourse which were similar to statements allegedly made to the victim; and (4) the imposition of consecutive sentences for three of the convictions. We reverse one of the aggravated sexual battery convictions as being in violation of due process and double jeopardy. Otherwise, we affirm the judgments of the trial court.

Matthew Bruce Henderson v. State of Tennessee
M2002-02501-CCA-R3-PC
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Cheryl A. Blackburn

The petitioner, Matthew Bruce Henderson, appeals the denial of his petition for post-conviction relief. The petitioner originally entered best interest guilty pleas to two counts each of rape of a child, aggravated sexual battery, and statutory rape, and received an effective sentence of twenty-four years. On appeal, the petitioner contends (1) he received ineffective assistance of counsel in entering his pleas; (2) the trial court erred in failing to hold a competency hearing prior to accepting his pleas; and (3) his guilty pleas were not knowingly and voluntarily entered. Upon review of the record and applicable law, we affirm the judgment of the post-conviction court.

Johnny Ray Arnold, Sr. v. Corrections Corporations of America (Whiteville Facility
W2002-02299-WC-R3-CV
Authoring Judge: Allen W. Wallace, Sr. J.
Trial Court Judge: Joe C. Morris, Chancellor
The trial court found the plaintiff suffered a 75 percent disability to his body as a whole, and awarded permanent partial disability benefits, the cost of medical treatment, and temporary total disability benefits pursuant to the Workers' Compensation Act of the State of Tennessee. As discussed below, the panel has concluded the evidence does not preponderate against the trial court's findings and we affirm.

Edward Ring v. Chemetals, Inc.
W2002-01638-WC-R3-CV
Authoring Judge: Allen W. Wallace, Sr. J.
Trial Court Judge: Jullian P. Guinn, Circuit Judge
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with the Tenn. Code Ann. Section 5-6- 225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. Claimant has appealed the trial court's decision awarding 15% permanent partial disability to the body as a whole as being inadequate. Claimant seeks an increase award and particularly urges a finding of total disability benefits. Appellee (hereinafter "Employer") filed in its brief a request for consideration of post-judgment evidence. Employer also requests the panel take judicial notice of active and passive range of motion. As discussed below, the panel has concluded the evidence does not preponderate against the trial court's finding and Employer's request for consideration of post- judgment acquired evidence is denied. Employer's request that the panel take judicial notice of active and passive range of motion is also denied. Tenn. Code Ann. _ 5-6-225(e) (22 Supp.) Appeal as of Right; Judgment of the Circuit Court Affirmed ALLEN W. WALLACE, SR. J., in which JANICE M. HOLDER, J. and D. J. ALISSANDRATOS, SP. J., joined. Charles L. Hicks, Camden, Tennessee, for the appellant, Edward Ring. Sean Antone Hunt, Memphis, Tennessee, for appellee, Chemetal, Inc. MEMORANDUM OPINION The employee, or claimant, Edward Ring, initiated this civil action in the Circuit Court of Benton County, Tennessee to recover workers' compensation benefits for injuries he sustained initially on October 23, 1999, and again on August 8, 2, to his shoulders. Following the trial on May 3, 22, the trial court awarded 15% permanent partial disability to the body as a whole. The claimant has appealed this award as being inadequate. Appellant review is de novo upon the record of the trial court, accompanied by a presumption of correctness of the finding of facts, unless the preponderance of the evidence is otherwise. Tenn. Code. Ann. Section 5-6-225(e)(2) (22 Supp.). The reviewing court is required to conduct an independent examination of the record to determine where the preponderance of the evidence lies.

State of Tennessee v. Michael Salvatore Morani
E2002-02394-CCA-R3-CD
Authoring Judge: Presiding Judge Gary R Wade
Trial Court Judge: Judge Leon C. Burns, Jr.

The defendant, Michael Salvatore Morani, was convicted of one count of attempted first degree murder and one count of theft over $10,000. The trial court imposed consecutive Range I, standard sentences of twenty-three years and five years respectively. The defendant was fined a total of $60,000. In this appeal of right, the defendant contends that the twenty-three-year sentence for attempted murder is excessive and that the trial court erred by imposing the maximum fines on each count. The judgments are affirmed.

Tamara Fontaine v. Weekly Homes
M2002-01651-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Russell Heldman
Defendants/appellants appeal the trial court's denial of their motion to compel arbitration. We affirm.

Linda Bradley v. John Waderker
M2002-02017-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Ross H. Hicks
A driver and the passengers in his 1993 Ford Explorer appeal a non-jury judgment of the Circuit Court of Montgomery County. The Ford Explorer collided with a police cruiser at an intersection in the City of Clarksville. The trial court held both drivers to be equally at fault and dismissed the case. We affirm the trial court.

State of Tennessee v. Carlos Caudill
E2002-02339-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge E. Shayne Sexton

Defendant, Carlos Caudill, was indicted by the Claiborne County Grand Jury for second degree murder. On December 18, 2001, Defendant entered a guilty plea as a Range II multiple offender to voluntary manslaughter, with the length and manner of service of his sentence to be determined by the trial court. Following a sentencing hearing, the trial court sentenced Defendant to nine years imprisonment. Defendant appeals the length and manner of service of his sentence. We find no error and affirm the judgment of the trial court.

State of Tennessee v. Thomas Mitchell
W2002-01781-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge Chris B. Craft

Defendant, Thomas Mitchell, was indicted by the Shelby County Grand Jury for burglary of a building other than a habitation, a Class D felony. Following a jury trial, Defendant was convicted as charged and sentenced as a persistent offender to ten years and six months confinement. In this appeal as of right, Defendant presents a single issue, whether the trial court erred in failing to instruct the jury on the lesser-included offense of facilitation. After a review of the record, we affirm the judgment of the trial court.

Ken Stephens v. Roane State Community College
M2001-03155-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Irvin H. Kilcrease, Jr.
This is a sexual harassment case. The plaintiff was a tenured professor at the defendant college. In 1996, one of the professor's students filed a complaint of sexual harassment with the college, alleging that the professor engaged in unwelcome sexual conduct and created a hostile educational environment. After a hearing, an administrative law judge determined that the professor had committed the acts charged. Consequently, the professor was suspended without pay for six months. The professor appealed the administrative decision to the trial court. The trial court upheld the decision, using a deferential standard of review, and the professor filed the first appeal in this case. On appeal, this Court reversed and remanded for a review de novo on the record. On remand, the trial court reviewed the case de novo on the record and again upheld the ALJ's decision. The professor now appeals. We affirm, finding that the trial court did not abuse its discretion in refusing to allow the professor to testify in person at the rehearing on remand, and that the trial court did not err in finding that the ALJ's decision was supported by clear and convincing evidence.

Judith Walker v. City of Cookeville / Cookeville Regional Medical
M2002-01441-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: John J. Maddux
This appeal involves an employment dispute between the Cookeville Regional Medical Center and a senior management employee. After the hospital's chief executive officer removed the employee from her position as Interim Assistant Administrator and Director of Quality Management, the employee resigned and filed suit in the Circuit Court for Putnam County alleging that the hospital breached her employment contract by declining to pay her the severance benefits required by her employment contract. Following a bench trial, the court found that the hospital had breached the employment contract and awarded the employee severance benefits, prejudgment interest, and discretionary costs. The hospital argues on this appeal that the employee was not entitled to severance pay because (1) she had voluntarily resigned, (2) the parties understood that the employee's appointment as assistant administrator was not permanent, and (3) the employee's demotion did not materially alter her duties or status. We affirm the judgment because the hospital breached the employee's contract when it demoted her and declined to pay her the severance benefits required by her employment contract.

Thomas D. Smith v. State of Tennessee
M2002-02181-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge John H. Gasaway, III

The state appeals the Robertson County Circuit Court's granting of post-conviction relief to the petitioner, Thomas D. Smith. The state contends the post-conviction court erred in granting relief based upon the original trial court's failure to reduce to writing its answer to a jury question posed during deliberations at the petitioner's trial. Upon review of the record and the applicable law, we reverse the judgment of the post-conviction court.

Dedrick Patton v. State
M2003-00126-CCA-R3-PC
Authoring Judge: Judge Gary R Wade
Trial Court Judge: James K. Clayton, Jr.
The petitioner, Dedrick Patton, appeals from the denial of his petition for post-conviction relief. The issues presented for review are as follows: (1) whether he was denied the effective assistance of counsel; (2) whether he knowingly and voluntarily entered his plea of guilt; (3) whether a sufficient factual basis was entered to support the plea; (4) whether there was a violation of the right to due process; and (5) whether there was a racially biased grand jury. The judgment is reversed, the conviction set aside, and the cause remanded for trial.

State of Tennessee v. Jimmy Wayne Perkey
E2002-00772-CCA-R3-CD
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge Ray L. Jenkins

The defendant, Jimmy Wayne Perkey, pled guilty to aggravated vehicular homicide. The trial court subsequently sentenced the defendant to serve twenty-five years as a Range I standard offender and ordered the defendant to pay a $50,000 fine. The defendant brings the instant appeal challenging his sentence and the imposition of his fine. After reviewing the record, we find that none of the defendant's claims merit relief.

State of Tennessee v. Melissa Lee Sholtz
E2002-01170-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge Rebecca J. Stern

The appellant, Melissa Lee Sholtz, pled guilty in the Hamilton County Criminal Court to one count of telephone harassment, a Class A misdemeanor. Pursuant to the plea agreement, the appellant was sentenced to eleven months and twenty-nine days in the county workhouse, with the sentence to be suspended and served on unsupervised probation. As a condition of probation, the appellant was ordered to have no contact with the victim. The trial court subsequently revoked the appellant's probation after finding that the appellant had violated the terms of probation by having contact with the victim. On appeal, the appellant argues that the trial court abused its discretion in revoking her probation. Upon review of the record and the parties' brief, we reverse the judgment of the trial court.

State of Tennessee v. Darlene Renee Blackhurst
E2002-01249-CCA-R3-PC
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge R. Jerry Beck

On January 10, 2000, defendant, Darlene Renee Blackhurst, pled guilty to a second offense of driving under the influence of an intoxicant ("DUI"), leaving the scene of an accident involving injury, and three counts of reckless aggravated assault. Following a sentencing hearing, the trial court imposed an effective sentence of three years, eleven months and twenty-nine days and ordered the sentence to be served on intensive supervised probation following a mandatory forty-five days in confinement for the DUI second offense. The State appealed the trial court's grant of full probation. After a de novo review, this Court reversed the trial court's judgment regarding the manner of service of defendant's sentence and remanded the matter to the trial court for the limited purpose of determining whether defendant should be incarcerated for the full term of her sentence, or, in the alternative, whether she should serve the balance of her sentence in split confinement. We directed the trial court to base its sentencing determination as to the manner of service of defendant's sentence on the current record without a further evidentiary hearing. State v. Blackhurst, 70 S.W.3d 88 (Tenn. Crim. App. 2001). On remand, the trial court found that defendant was not entitled to alternative sentencing and ordered defendant to serve her sentence in confinement. Defendant now appeals her sentence arguing that (1) the trial court erred in denying defendant's request for alternative sentencing; (2) the trial court erred in not considering additional evidence concerning defendant's post-sentencing behavior; (3) that the trial court erred in not allowing defendant credit for the time served on probation prior to resentencing; and (4) that the trial court improperly weighed the applicable mitigating and enhancement factors in determining the manner of service of defendant's sentence. After a thorough review of the record in this matter, we affirm the judgment of the trial court.

State of Tennessee v. Timothy Clayton Thompson
E2002-01710-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge Mary Beth Leibowitz

Defendant, Timothy Clayton Thompson, pled guilty to one count of especially aggravated kidnapping, a Class A felony, and one count of aggravated rape, a Class A felony, without a recommendation from the State as to sentencing. Following a sentencing hearing, the trial court sentenced Defendant to twenty-two years for each felony count and ordered the sentences to run consecutively. Defendant now appeals the length of his sentence and the trial court's imposition of consecutive sentences. After a careful review of the record in this matter, we affirm the judgment of the trial court.

State of Tennessee v. Ronald C. Floyd
E2001-03044-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Leon C. Burns, Jr.

The defendant, Ronald C. Floyd, pled guilty to possession of Diazepam, a Schedule IV controlled substance, with the intent to sell or deliver, a Class D felony. Pursuant to Tennessee Rule of Criminal Procedure 37, the defendant reserved as a certified question of law the issue of whether the trial court erred by denying his motion to suppress. In this appeal, the issues presented are: (1) whether the failure to provide the defendant with a copy of the search warrant at or before the initiation of the search invalidated the search, and (2) whether the description of the property to be seized as stated in the warrant was so general as to render the warrant invalid. The judgment of the trial court is affirmed.

Kim Hickerson v. Andrew Dearing, III
M2002-02210-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: L. Craig Johnson
This is a malpractice action filed by Appellant against his criminal defense attorney in a case resulting in his conviction by a Coffee County jury of selling cocaine a Class C felony. While this civil case was pending on appeal the underlying criminal conviction of Appellant was affirmed by the Court of Criminal Appeals and the Supreme Court denied his application to appeal. Based upon Gibson v. Trant, 58 S.W.3d 103 (Tenn.2001), we affirm the action of the trial court in dismissing the case.

State of Tennessee v. Brandy D. Forrest
M2002-02434-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge Carol L. Soloman

A Davidson County jury convicted the defendant, Brandy D. Forrest, of driving under the influence, first offense. The trial court imposed a sentence of eleven months and twenty-nine days with twenty days incarceration followed by probation. On appeal, the defendant asserts the trial court erred by allowing irrelevant and prejudicial testimony and a videotape to be presented to the jury. We affirm the judgment of the trial court.

Paul A. Miller vs. Connie Marie Miller
M2002-02775-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Clara W. Byrd
This is a post-divorce custody proceeding involving two young girls wherein the trial court denied the Father's Petition for a Change of Custody. We affirm the action of the trial court.