Edward Risher v. Cherokee Buick-Pontiac-Oldsmobile-
E2002-1644-COA-R3-CV
Trial Court Judge: G. Richard Johnson

Alpha Sheriff v. Preferred Alternative Tennessee
M2002-01282-COA-R3-CV
Authoring Judge: Judge William C. Lee
Trial Court Judge: Carol L. Soloman
This matter originated in the General Sessions Court of Davidson County. A judgment against the Appellant in the amount of fifteen hundred dollars ($1500.00) was awarded to the Appellee. An appeal was made to the Circuit Court of Davidson County and the matter tried de novo. The Circuit Court of Davidson County apparently applied theories founded in the law of negligence and also entered judgment against the Appellant in the amount of fifteen hundred ($1500.00) dollars . We find the learned trial judge erred in applying negligence theory to the facts of this case but nevertheless affirm the judgment of the trial court

Carolyn Marie White v. Timothy Moody
M2002-01287-COA-R3-CV
Authoring Judge: Judge William C. Lee
Trial Court Judge: Carol A. Catalano
After the first appeal and remand in this case, the trial judge rendered another judgment based on her review of the record without hearing additional proof. While we do not find error, we find our mandate was not clear as to what proceedings we envisioned on remand. Accordingly, we clarify our mandate and remand the matter to the trial court to conduct a full hearing on the best interests of the child which would include the taking of additional proof relevant to this issue.

State of Tennessee v. Melvin Cofer
W2002-01984-CCA-R3-CD
Authoring Judge: Presiding Judge Gary R Wade
Trial Court Judge: Judge Jon Kerry Blackwood

The defendant, Melvin Cofer, was convicted of aggravated vehicular homicide, see Tenn. Code Ann. §§ 39-13-213, -218, and vehicular assault, see Tenn. Code Ann. § 39-13-106. The trial court imposed Range I, concurrent sentences of twenty-one years and three years, respectively. In this appeal, the defendant asserts (1) that the trial court erred by refusing to suppress the results of the blood alcohol test; (2) that the trial court erred by limiting defense counsel's questioning of potential jurors; (3) that the evidence is insufficient to support the aggravated vehicular homicide conviction; (4) that the trial court erred by refusing to qualify a defense witness as an expert; (5) that the state failed to establish a proper chain of custody prior to the admission of the results of the blood alcohol test; and (6) that the trial court erred by denying his request for special jury instructions. The judgments of the trial court are affirmed.

State of Tennessee v. Antonio Huntsman
W2002-00708-CCA-R3-CD
Authoring Judge: Presiding Judge Gary R Wade
Trial Court Judge: Judge James C. Beasley, Jr.

The defendant, Antonio Huntsman, was convicted of reckless homicide and the trial court ordered a sentence of three years and six months. In this appeal of right, the defendant asserts (1) that the trial court erroneously limited cross-examination of an eyewitness; (2) that the trial court allowed the admission of irrelevant evidence; (3) that the sentence was excessive; and (4) that he was erroneously denied some form of alternative sentencing. The judgment is affirmed.

In Re: Estate of Spencer Brown
M2002-00141-COA-R3-CV
Authoring Judge: Chancellor W. Frank Brown, III
Trial Court Judge: Allen W. Wallace
This is a lawsuit filed by Don M. Brown ("Mr. Brown" or "the Appellant") against Allene Dunnagan ("Ms. Dunnagan" or "the Appellee") to set aside Spencer Brown's Last Will and Testament dated February 11, 2000. Mr. Spencer Brown died on February 21, 2000. Mr. Brown alleged that Ms. Dunnagan had used undue influence to get Spencer Brown to change his 1994 will. The Dickson County Circuit Court granted the Appellee's Motion for Directed Verdict and dismissed the Appellant's complaint. The Appellant appealed this decision. We reverse the decision of the trial court and remand for further proceedings.

State of Tennessee v. Terry Tarrant
M2002-01805-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Buddy D. Perry

The Franklin County Grand Jury indicted the Defendant and Susan Davis, the co-defendant, for one count of aggravated robbery and for one count of theft of property valued between five hundred and one thousand dollars. A jury convicted the Defendant and co-defendant on both counts. The Defendant now appeals, contesting the sufficiency of the State's evidence. Specifically, the Defendant contends that the State did not introduce sufficient evidence for a rational jury to find beyond a reasonable doubt that the Defendant entered the home of the alleged victims. Finding no error, we affirm the judgments of the trial court.

State of Tennessee v. Janice Hall
M2002-02320-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge Leon C. Burns, Jr.

After a bench trial, the Defendant, Janice Hall, was convicted of two counts of vandalism under five hundred dollars, a Class A misdemeanor. The trial judge sentenced her to concurrent terms of eleven months and twenty-nine days, with thirty-five days to serve in confinement. In this direct appeal, the Defendant argues that the evidence was insufficient to support her convictions and that the trial judge erred by ordering her to serve thirty-five days in confinement. We affirm the judgments of the trial court.

State of Tennessee v. Doyle Borders
M2002-02373-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge Jane W. Wheatcraft

The Defendant, Doyle Borders, pled guilty to possession of Dilaudid, a Schedule II controlled substance, with the intent to sell or deliver. As part of his plea agreement, he expressly reserved with the consent of the trial court and the State the right to appeal a certified question of law pursuant to Tennessee Rule of Criminal Procedure 37(b)(2)(i). The certified question of law concerns the validity of a search warrant. Finding no error, we affirm the judgment of the trial court.

Danny R. King v. State of Tennessee
M2002-02704-CCA-R3-PC
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Timothy L. Easter

The Petitioner and his co-defendant were convicted of aggravated rape and aggravated kidnapping. The Petitioner appealed, and our Court affirmed the convictions. The Petitioner filed a petition for post-conviction relief, which the trial court denied. Our Court affirmed the denial, concluding that the Petitioner had received effective assistance of counsel. The Petitioner then filed a post-conviction petition requesting DNA (deoxyribonucleic) testing pursuant to the Post-Conviction DNA Analysis Act of 2001. After the State responded that no biological evidence was in existence to be tested, the Petitioner requested that the court appoint him new counsel. The trial court denied both the Petitioner's post-conviction petition for DNA testing and his request for new counsel. The Petitioner now appeals, arguing that the trial court erred by denying his post-conviction petition for DNA testing and by denying his request for new counsel. Finding no error, we affirm the judgment of the trial court.

In Matter of: J.J.C./A.L.C./J.R.C. vs. Tabitha Stewart
W2001-01799-COA-R3-CV
Trial Court Judge: William A. Peeler
This is an appeal of a termination of parental rights. For the following reasons, we vacate the portion of the juvenile court's ruling finding Mother willfully failed to support her children and affirm all other findings of the court below, thus terminating Mother's parental rights.

State of Tennessee v. Tyrone Cunningham
W2001-02941-CCA-R3-CD
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge Joseph H. Walker, III

The defendant, Tyrone Cunningham, appeals from his conviction by a Lauderdale County Circuit Court jury of second degree murder. The trial court sentenced him as a career, violent offender to the maximum sentence of sixty years. The defendant contends that (1) the evidence is insufficient to support his second degree murder conviction, (2) the trial court erroneously denied his pretrial motion for a continuance, and (3) the trial court erred in sentencing him as a career offender. We affirm the trial court's judgment of conviction.

Scott Dwayne Martin v. State of Tennessee
E2002-02900-CCA-R3-PC
Authoring Judge: Presiding Judge Gary R Wade
Trial Court Judge: Judge James E. Beckner

The petitioner, Scott Dwayne Martin, appeals from the trial court's denial of post-conviction relief. In this appeal of right, the petitioner contends that because he was denied the effective assistance of counsel, his guilty pleas were neither knowingly nor voluntarily made. The judgment is affirmed.

James Russell Gann v. David Mills, Warden
E2003-00281-CCA-R3-PC
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge E. Eugene Eblen

The Defendant, James Russell Gann, petitioned for habeas corpus relief on the grounds that his judgment of conviction is not signed by the trial judge. The trial court denied relief and this direct appeal followed. We affirm the judgment of the trial court.

Edward Lee Tucker v. State of Tennessee
W2002-01813-CCA-R3-PC
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge Jon Kerry Blackwood

The petitioner, Edward Lee Tucker, filed a motion to withdraw his guilty plea to the charge of criminal attempt to commit first degree murder due to the invalidity of the plea. The trial court found that the motion should be considered as a petition for post-conviction relief and dismissed the petition as barred by the statute of limitations. Upon review of the record and the parties’ briefs, we affirm the judgment of the post-conviction court.

State of Tennessee v. Tommy Lee Midgett
W2002-00295-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Donald H. Allen

The defendant was tried on two counts of first degree premeditated murder and convicted of two counts of facilitation of first degree murder for which he received consecutive twenty-four-year sentences. In his appeal, he presents the following claims: (1) the evidence was insufficient to support his convictions; (2) the trial court erred in excluding evidence of others having motives to kill the victims; (3) the State made an improper statement during its closing argument that constituted plain error; and (4) the trial court erred in sentencing. Following our review, we affirm the judgments of the trial court.

John C. Wells, III v. State of Tennessee
M2002-01303-CCA-R3-PC
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge Cheryl A. Blackburn

The petitioner was originally convicted by a Davidson County jury on nine counts of aggravated sexual battery and received an effective ninety-year sentence. He now appeals the denial of post-conviction relief, contending: (1) the post-conviction judge, who was a Deputy District Attorney General at the time of the original prosecution, should have recused herself; (2) he received ineffective assistance of trial and appellate counsel; (3) numerous errors of constitutional dimension occurred at his original trial and on direct appeal; and (4) cumulative errors require that he be granted relief. In spite of our concerns regarding the recusal issue, we are unable to discern any material distinctions with prior cases which have affirmed the failure to recuse. Accordingly, we affirm the judgment of the post-conviction court.

Govindaswamy Nagarajan v. Michael E. Terry
M2001-01480-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Barbara N. Haynes
This appeal involves a dispute between a lawyer and his former client regarding unpaid fees. After the client sued the lawyer for malpractice in the Circuit Court for Davidson County, the lawyer counterclaimed for unpaid fees. The trial court granted the lawyer's summary judgment motion and dismissed the malpractice claims. Thereafter, the trial court conducted a bench trial on the lawyer's counterclaim and awarded the lawyer a $53,884.86 judgment. The former client asserts on this appeal that the trial court erred by denying his request for a continuance, granting a judgment by default on the question of liability, denying his request for a jury trial, and considering expert evidence regarding the reasonableness of the lawyer's fee without affording him the opportunity for cross-examination. We affirm the judgment.

National Insurance v. Katherine Simpson
M2002-03109-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Robert E. Corlew, III
This appeal involves a dispute regarding an exclusion from liability coverage in an automobile insurance policy for family members. Following a collision injuring its insured's half brother, the insurer filed suit in the Chancery Court for Rutherford County seeking a declaratory judgment that the exclusion applied to the half brother's claims against the insured. Following a bench trial, the trial court determined that the exclusion did apply to the half brother's claims. Both the insured and her half brother have appealed. We affirm the trial court's construction of the insurance policy.

Shaun Givens v. David Mills, Warden
W2004-00768-CCA-R3-HC
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge Joseph H. Walker, III

The Petitioner, Shaun Givens, appeals the trial court's denial of his petition for 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. After review, we conclude that the Petitioner fails to assert a ground entitling him to habeas corpus relief. Accordingly, the State's motion is granted and the judgment of the trial court is affirmed.

State of Tennessee v. Phyllis Hines
E2002-02518-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge Richard R. Vance

The defendant, Phyllis Hines, pled guilty to two counts of simple assault, a Class A misdemeanor. The Sevier County trial court imposed consecutive sentences of eleven months and twenty-nine days for each count of assault. It then ordered the defendant to serve the first eleven-month and twenty-nine-day sentence at 75% in confinement followed by probation. On appeal, the defendant contends the trial court erred in imposing confinement. We affirm the judgments of the trial court.

State of Tennessee v. Jeffrey Douglas Stratton
E2002-02485-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge D. Kelly Thomas, Jr.

Defendant, Jeffrey Douglas Stratton, was indicted on two counts of burglary. Defendant entered guilty pleas to both counts. Defendant was sentenced to two years for each conviction, to be served concurrently with each other and consecutively to his sentence for a prior conviction. Defendant contends that the trial court erred by ordering a sentence of incarceration. After reviewing the record, we conclude that a sentence of confinement was supported by the record. The judgment of the trial court is affirmed.

Mike Hall v. Clifford Houston
M2002-01371-COA-R3-CV
Authoring Judge: Judge Marietta M. Shipley
Trial Court Judge: Stella L. Hargrove
Defendant, Clifford Houston executed a lease and contract to purchase real property with the plaintiffs Connie and Mike Hall. Upon failure to pay the entire amount of the rent and allow an inspection, the plaintiffs filed a detainer warrant, which the general sessions court granted. The case was appealed to the circuit court where the judge affirmed the award of possession to the plaintiffs, and ordered the forfeiture of the initial deposit in the purchase agreement. Defendant, Houston, appealed the trial court's decision.We affirm the possession, the judgment for unpaid rent, reverse the deposit award and remand the case for determination of attorney's fees.

Christopher David Hodge v. State of Tennessee
E2002-01149-CCA-R3-PC
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge Ray L. Jenkins

The petitioner, Christopher David Hodge, pled guilty to two counts of aggravated robbery, one count of aggravated burglary, and one count of attempted first-degree murder and received an aggregate sentence of thirty-one years for his convictions. The petitioner filed a post-conviction petition, and after conducing an evidentiary hearing, the post-conviction court denied the petitioner's request for relief. The petitioner brings the instant appeal arguing that the post-conviction court erroneously dismissed his petition and that he is entitled to relief because he received ineffective assistance of counsel. We affirm the decision of the post-conviction court.

State of Tennessee v. Leonard H. Steele
M2002-01691-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge J. Curtis Smith

The defendant, Leonard H. Steele, pled guilty to driving on a revoked license, third offense, and was sentenced to eleven months and twenty-nine days, suspended except for six months in the county jail, with the balance to be served on supervised probation. On appeal, he argues that the trial court erred by denying him jail credit for time he served in 1998 as a motor vehicle habitual offender (MVHO) in an unrelated case, even though, unknown to him, his MVHO status had been withdrawn in 1997. Following our review, we affirm the judgment of the trial court.