State of Tennessee v. Timothy Maurice Reynolds
M2001-00900-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge Jim T. Hamilton

A Giles County jury convicted the defendant, Timothy Maurice Reynolds, of aggravated robbery, and the trial court sentenced the defendant to twenty years as a Range II multiple offender. On direct appeal, the defendant raises the following issues: (1) whether the evidence was sufficient to support the conviction for aggravated robbery; (2) whether the trial court erred in prohibiting defense counsel, during cross-examination and closing arguments, from referring to the United States Attorney General's comments on eyewitness identification; and (3) whether the trial court erred in finding the defendant to be a Range II multiple offender. We affirm the conviction; however, because essential exhibits relating to sentencing are missing from the record without fault of the parties, we remand for resentencing.

Javonni Jones v. State of Tennessee
M2001-01322-CCA-R3-PC
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge John H. Gasaway, III

The petitioner, Javonni Jones, appeals the dismissal of his petition for post-conviction relief as being barred by the statute of limitations. We affirm the judgment of the post-conviction court.

State of Tennessee v. Clark Douglas Lively
M2002-00666-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge Allen W. Wallace

The defendant pled guilty to attempted second degree murder, and the trial court imposed a ten-year sentence. He appeals his sentence, arguing he should have received the minimum sentence of eight years with alternative sentencing. We affirm the judgment of the trial court.

State of Tennessee v. Paul Hayes
W2001-02637-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge Chris B. Craft

The Appellant, Paul Hayes, appeals his convictions by a Shelby County jury for aggravated burglary and two counts of aggravated robbery. In this appeal as of right, Hayes raises the following issues for our review: (1) whether the trial court erred by prohibiting defense counsel from addressing the jury during entry of the plea; (2) whether the trial court erred by denying Hayes' motion for a mistrial following a detective's testimony that Hayes was a suspect in uncharged similar crimes; (3) whether the trial court committed plain error by limiting the scope of cross-examination of a co-defendant testifying for the State; (4) whether the evidence was sufficient as a matter of law to support the convictions; and (5) whether the cumulative effect of all errors amounted to a denial of due process of law. After a review of the record, we hold that Hayes' issues are without merit and affirm the judgment of the trial court.

State of Tennessee v. Randolph Scott Jennings
E2001-02118-CCA-R3-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Judge Douglas A. Meyer

Randolph Scott Jennings appeals from his Hamilton County conviction of aggravated robbery. He was found guilty by a jury of his peers and sentenced by the trial court to a seventeen-year, Range II term in the Department of Correction. In this direct appeal, he alleges error in the trial court's (1) denial of his motion to suppress evidence of a "showup" identification and admission of the subsequent in-court identification of him as the perpetrator of the crime, (2) denial of motions to compel production of clothing the defendant wore at the time of his arrest, or alternatively, to dismiss the charged based upon the state's inability to produce the clothing, and (3) application of enhancement factors, imposition of a Range II sentence, and order of consecutive sentencing. Because we are unpersuaded of error, we affirm.

State of Tennessee v. Colin Reed Wells
E2001-02612-CCA-R3-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Judge Mary Beth Leibowitz

The defendant, Colin Reed Wells, was convicted by a Knox County Criminal Court jury of carjacking (Class B felony), robbery (Class C felony), aggravated assault (Class C felony), resisting arrest (Class B misdemeanor), violation of driver's license law (Class B misdemeanor), evading arrest (Class A misdemeanor), evading arrest (Class D felony), and assault (Class A misdemeanor). Following his convictions, the trial court merged some convictions and imposed an effective sentence of 32 years as a multiple offender in the Department of Correction. On appeal, he claims his carjacking conviction is infirm because the prosecution failed to disclose exculpatory evidence. Discerning no error, we affirm.

State of Tennessee v. Mark E. Conner
E2002-00038-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge Leon C. Burns, Jr.

The Defendant, Mark E. Conner, was convicted by a jury of attempting to manufacture methamphetamine, a Class D felony. In this appeal as of right, the Defendant argues four issues: (1) whether the evidence was sufficient to sustain his conviction, (2) whether the trial court erred by denying the Defendant's motion to exclude the testimony of witnesses Sherri Conner, the Defendant's wife and former co-defendant, and Gloria Whitehead, the Defendant's mother-in-law, (3) whether the trial court erred by denying the Defendant's motion to require the State to provide the Defendant with any statement, arrest history, and prior convictions of the State's witnesses, and (4) whether the trial court erred by denying the Defendant's motion to exclude the State's photographs and the Defendant's request to introduce at trial the remaining photographs that were provided to the Defendant during discovery. We affirm the judgment of the trial court.

State of Tennesse v. Ann Marie Thornton Kelly
M2001-01054-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge Robert L. Jones

The appellant, Ann Marie Thornton Kelly, was indicted by the Giles County Grand Jury on twenty counts relating to incidents involving the sexual abuse of her children. She was ultimately convicted of two counts of rape of a child, three counts of criminal responsibility for rape of a child, one count of aggravated sexual battery, one count of criminal responsibility for aggravated sexual battery, and one count of incest. The trial court imposed a total effective sentence of sixty-two years incarceration in the Tennessee Department of Correction. On appeal, the State concedes that the appellant was not competent to stand trial. Upon review of the record and the parties' briefs, we reverse the judgments of the trial court.

Susan Godfrey v. Jesus Ruiz
M2000-00101-SC-R11-CV
Authoring Judge: Justice Janice M. Holder
Trial Court Judge: Judge Barbara N. Haynes

This case arises out of an action by the plaintiffs to recover damages for personal injuries sustained in an automobile accident. The plaintiffs claim their injuries were caused by the negligent operation of a van owned by the defendants and driven by a cousin of one of the defendants. In support of their motion for summary judgment, the defendants offered affidavits and deposition testimony stating that the driver was operating the van without their permission and that the driver was not their employee. Despite the prima facie evidence of an owner-driver agency relationship created by Tennessee Code Annotated section 55-10-311(a) (1998), the trial court granted the motion for summary judgment. The Court of Appeals affirmed the trial court's ruling. We hold that an owner's offer of testimony negating the issue of agency, standing alone, cannot overcome the prima facie evidence created by Tennessee Code Annotated section 55-10-311(a).

Sally Qualls Mercer, et al., v. Vanderbilt University, Inc., et al.
M2000-00801-COA-R3-CV
Authoring Judge: Per Curiam
Trial Court Judge: Judge Carol L. Soloman

This appeal involves a medical malpractice case arising out of the emergency treatment of an intoxicated driver who sustained catastrophic injuries in a single-vehicle accident. The driver's conservator filed suit in the Circuit Court for Davidson County alleging that the negligence of the driver's healthcare providers at Vanderbilt University Medical Center caused him to suffer irreversible brain injury that left him in a persistent vegetative state. A jury returned a verdict for the driver, assessing his damages at $7,366,000 and allocating seventy percent of the fault to Vanderbilt and thirty percent of the fault to the driver. Thereafter, the trial court determined as a matter of law that the driver's damages had been caused by a separate injury for which Vanderbilt was entirely responsible. Accordingly, the trial court set aside the jury's allocation of fault and entered a judgment holding Vanderbilt one hundred percent at fault for the entire amount of the driver's damages. We have determined that the judgment must be vacated and that Vanderbilt is entitled to a new trial because of the cumulative effect of the trial court's errors in excluding the testimony of three of Vanderbilt's witnesses as well as evidence of the driver's alcohol-related conduct.

Jeff Gaston v. Rskco and Love's Country Stores, Inc.
W2001-02787-WC-R3-CV
Authoring Judge: W. Michael William Michael Maloan, Special Judge
Trial Court Judge: Joe C. Morris, Chancellor
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. _5-6-285 (e)(3) for hearing and reporting to the Supreme Court of findings and fact and conclusions of law. The defendant employer contends the plaintiff employee failed to give proper notice of a back injury and the evidence preponderates against the trial court's award of twelve percent (12%) to the body as a whole. For the reasons stated in this opinion, we affirm the judgment of the trial court. Tenn. Code Ann. _ 5-6-225(e) (1998 and Supp. 21) Appeal as of Right; Judgment of the Chancery Court Affirmed W. MICHAEL MALOAN, SP. J., in which JANICE M. HOLDER, J. and JOE C. LOSER, JR., SP. J., joined. B. Duane Willis, Jackson, Tennessee, for appellant, RSKCo and Love's Country Stores, Inc. Gayden Drew IV, Jackson, Tennessee, for appellee, Jeff Gaston MEMORANDUM OPINION The plaintiff, Jeff Gaston (Gaston), was thirty-seven (37) years old at the time of trial. He graduated from high school, obtained a bachelor's degree in organizational leadership and is pursuing a master's degree in business administration. Prior to working for Love's County Stores as a general manager of a Hardee's Restaurant in 1999, Gaston was a manager or food and beverage director for numerous restaurants. On May 27, 2, Gaston was carrying an urn of coffee when he slipped and fell to both knees. He sustained first and second degree burns to his face and received treatment at a local emergency room. Some two to four weeks later, Gaston developed numbness in his left leg. He notified his employer and in July 2 was referred to Dr. David Garey at the Jackson Clinic. On a December 8, 2 visit to Dr. Garey, he reported numbness in his right leg, but denied any back or hip pain. Dr. Garey referred Gaston to Dr. Joseph Rowland, a neurosurgeon at Semmes-Murphey Clinic in Jackson. Gaston saw Dr. Rowland on January 8, 21, with complaints of low back pain and numbness in his right hip and knee. He gave a history of a May 2 fall at work with back pain ever since. An MRI showed mild disc bulging at L4 and L5 but nothing requiring surgery. On his last visit of March 7, 21, Gaston continued to complain of back and right leg pain. Dr. Rowland referred Gaston to Dr. Edward Hockaday for a lumbar epidural steroid injection which was performed on February23, 21. Dr. Hockaday's impressions were "low back pain, right lower extremity pain and right lower extremity numbness secondary to lumbar neuritis with bulging disc at L4-L5 and bulging disc at L5-S1." Dr. Joseph Boals examined Gaston on June 14, 21, for an independent medical evaluation. Dr. Boals found a full range of motion in Gaston's back without spasm and a normal neurological examination. Dr. Boals diagnosed an acute lumbar strain and possible rupture at L5-S1 caused by Gaston's fall at work. Dr. Boals assigned a five percent (5%) permanent physical impairment to the body as a whole based on the AMA Guidelines and advised against prolonged walking, standing, stooping, squatting, climbing and repetitive flexion or extensive rotation of his back. Gaston testified he began having back pain in October 2 and he currently has almost constant pain in his back and numbness in his right leg. He lost his job with Love's County Stores due to reasons unrelated to his injury and he currently works for DET Distributing setting up advertising and delivering approximately two hundred (2) cases of beer a day. He is required to lift, bend, stoop, twist, squat and climb. After the October 2, 21 trial, the Chancellor awarded twelve percent (12%) permanent partial disability to the body as a whole. The employer has appealed and raised two issues: the lack of notice of a back injury and the amount of the award. ANALYSIS The scope of review of issues of fact is de novo upon the record of the trial court, accompanied by a presumption of correctness of the findings, unless the preponderance of evidence is otherwise. Tenn. Code Ann. _ 5-6-225(e)(2). Lollar v. Wal-Mart Stores, Inc., 767 S.W.2d 143 (Tenn. 1989). When a trial court has seen and heard witnesses, especially where issues of credibility and weight of oral testimony are involved, considerable deference must be accorded the trial court's factual findings. Humphrey v David Witherspoon, Inc., 734 S.W.2d 315 (Tenn. 1987). However, -2-

Michael Lloyd Todd v. Bekaert Steel Wire Corporation,
W2001-03004-WC-R3-CV
Authoring Judge: Joe C. Loser, Jr,. Sp. J.
Trial Court Judge: J. Steven Stafford, Chancellor
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. _ 5-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. In this appeal, the employer insists the award of benefits based on 36 percent to the left arm is excessive. As discussed below, the panel has concluded the judgment should be affirmed. Tenn. Code Ann. _ 5-6-225(e) (21 Supp.) Appeal as of Right; Judgment of the Chancery Court Affirmed JOE C. LOSER, JR,. SP. J., in which JANICE M. HOLDER, J., and JOE H. WALKER, III, SP. J., joined. Paul C. Peel, Memphis, Tennessee, for the appellants, Bekaert Steel Wire Corporation and Liberty Mutual Insurance Company Jeffrey A. Garrety and Joseph R. Taggart, Jackson, Tennessee, for the appellee, Michael Lloyd Todd MEMORANDUM OPINION The employee or claimant, Todd, initiated this civil action to recover workers' compensation benefits for an alleged work related injury to his left arm and elbow. When mediation failed to resolve the disagreement between the parties as to the extent of the claimant's permanent disability, a trial was held on October 22, 21. After weighing and evaluating disputed medical evidence, the trial court awarded permanent partial disability benefits based on 36 percent to the arm. The employer, Bekaert Steel Wire Corporation, and its insurer have appealed. Appellate review is de novo upon the record of the trial court, accompanied by a presumption of correctness of the findings of fact, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. _ 5-6-225(e)(2) (21 Supp.). The reviewing court is required to conduct an independent examination of the record to determine where the preponderance of the evidence lies.

Daniel Paul Spatafore v. Catherine Juanelle Spatafore
E2001-02459-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: Judge John B. Hagler, Jr.

In this action, the Trial Court awarded custody of the parties' minor child to the father, and the mother has appealed.

Anthony Hodges v. State of Tennessee
M2001-03068-CCA-R3-PC
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge J. Randall Wyatt, Jr.

The Defendant, Anthony Hodges, was convicted by a jury of first degree felony murder and aggravated child abuse. He was sentenced to concurrent sentences of life without parole and twenty-five years, respectively, to be served in the Department of Correction. The Defendant's convictions and sentences were affirmed on direct appeal. See State v. Hodges, 7 S.W.3d 609 (Tenn. Crim. App. 1998). The Defendant subsequently petitioned for post-conviction relief, which the trial court denied. The Defendant now appeals, alleging that he received ineffective assistance of counsel at trial and that his due process rights were violated by the trial court's failure to instruct the jury on second degree murder; by the State's employment of inconsistent theories of guilt at his and his co-defendant's separate trials; and by the denial of his right to testify. We affirm the judgment of the trial court.

Randy Caldwell & Stevie W. Caldwell v. State of Tennessee
M2001-00334-CCA-R3-PC
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Charles D. Haston, Sr.

The petitioners, brothers, were tried and convicted, jointly, of first degree murder, aggravated arson, and conspiracy to commit arson against personal property. They filed petitions for post-conviction relief, which the post-conviction court denied. After careful review, we affirm the decision of the post-conviction court.

Jerry Wayne Matlock v. Ltv Steel, Inc. and Insurance
W2001-02512-SC-WCM-CV
Authoring Judge: Hamilton V. Gayden, Jr., Sp. J.
Trial Court Judge: Hon. C. Creed Mcginley, Judge
This worker's compensation appeal has been referred to the Special Worker's Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. _ 50-6-225(e)(3) for a hearing and reporting to the Supreme Court of findings of fact and conclusions of law. In this appeal, the employer questions the trial court's finding of permanent partial disability for injury to the back, neck and hand. The employer also questions the award of benefits to claimant's right hand for carpel tunnel syndrome, due to the lack of notice of the injury to employer. As discussed below, the panel has concluded the evidence supports the findings of the trial court.

Barry C. Melton v. State of Tennessee
E2001-02689-CCA-MR3-PC
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge Rex Henry Ogle

The petitioner appeals the denial of post-conviction relief, arguing: (1) his "best interest" plea was not entered voluntarily and intelligently; and (2) trial counsel was ineffective in representing him at sentencing. We affirm the judgment of the post-conviction court.

Ricky Lee Netherton v. State of Tennessee
E2001-02989-CCA-R3-PC
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge Lillie Ann Sells

The petitioner, Ricky Lee Netherton, was convicted by a jury in the Criminal Court of Cumberland County of especially aggravated robbery, a Class A felony. The trial court sentenced the petitioner as a violent offender to twenty-four years incarceration in the Tennessee Department of Correction to be served at one hundred percent (100%). Following an unsuccessful appeal of his conviction, the petitioner filed a petition for post-conviction relief, alleging, among other grounds, ineffective assistance of counsel. The petitioner now brings this appeal challenging the post-conviction court's denial of his petition. After reviewing the record and the parties' briefs, we affirm the judgment of the post-conviction court.

State of Tennessee v. Jerome F. Sawyers
M2001-02878-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Walter C. Kurtz

The defendant, Jerome F. Sawyers, pled guilty on July 16, 2001, to possession of cocaine less than .5 grams for resale and felony possession of a firearm and was sentenced, respectively, to six years and two years as a Range I, standard offender, with both sentences to be served concurrently. A violation of probation warrant was issued on August 8, 2001, alleging that he had violated probation by being in possession of a weapon and failing to report to his probation officer as ordered. Following a hearing, the trial court revoked the defendant's probation; and he timely appealed, arguing that the proof was insufficient that he had violated the terms of his probation. We conclude that the evidence supports the revocation of probation.

State of Tennessee v. Jeffrey Dana York
M2001-02956-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge W. Charles Lee

The defendant was charged with twenty-four separate counts including one count of driving under the influence, nine counts of reckless endangerment involving a deadly weapon, one count of reckless driving, eight counts of aggravated assault, two counts of failure to give notice of an accident, two counts of evading arrest creating a risk of death, and one count of false imprisonment. Eight of the reckless endangerment and reckless driving counts merged with other charges. The defendant entered guilty pleas to the other sixteen counts. After a sentencing hearing, the trial court imposed an effective sentence of thirty years and six months. The defendant appealed the sentence as excessive, arguing that the trial court erred in calculating his total sentence. After review of the record, we affirm the judgments of conviction but remand for entry of corrected judgments.

State of Tennessee v. Andre D. Kimbrough
M2001-02149-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge Steve R. Dozier

Defendant, Andre Kimbrough, appeals his conviction in the Davidson County Criminal Court for second degree murder. Defendant argues that the trial court erred by: 1) failing to act as a thirteenth juror; 2) permitting the State to impeach the Defendant using prior bad acts without giving proper notice to the Defendant; and 3) not applying certain mitigating factors in sentencing Defendant. We affirm the judgment of the trial court.

Rhandie Parker, et al., v. Wanda McDaniel, et al.
E2001-03110-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: Judge O. Duane Slone

Shannon Dale Welch ("Welch") and Stacy Ann Brooks ("Brooks") were the only two occupants in an automobile traveling at a high rate of speed when it collided with a vehicle driven by Rhandie Parker ("Parker"). Parker's brother-in-law, Hershel D. Williams ("Williams"), was a passenger in his vehicle. As a result of the accident, Parker claimed $27,100 in property damage, medical expenses of $8,241.52, and personal injuries. Williams claimed medical expenses totaling $9,545.38 and personal injuries. Parker's wife, Janice Parker ("Ms. Parker"), asserted a claim for loss of consortium. A jury returned a verdict against Welch in favor of Parker for $35,000, and awarded Ms. Parker nothing. Williams was awarded $29,000. All three Plaintiffs appeal with the primary issue being the adequacy of the verdict. We affirm.

State of Tennessee v. Ruben Joseph Knight, Jr.
E2001-02874-CCA-R3-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Judge D. Kelly Thomas, Jr.

The defendant, Ruben Joseph Knight, Jr., appeals the Blount County Circuit Court's revocation of his community corrections sentence. Following our review of the record, the parties' briefs, and the applicable law, we affirm.

Dorothy Rault Heideman v. Richard Lawrence Heideman
W2001-01486-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Karen R. Williams

State of Tennessee v. Jody Lane Orr
W2001-02075-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge C. Creed McGinley
The Appellant, Jody Lane Orr, was convicted by a Carroll County jury of aggravated burglary, aggravated rape, and class E felony theft. He received an effective twenty-five-year sentence. On appeal, Orr raises the following issues for review: (1) whether the trial court erred by denying his motion to suppress; (2) whether the State lost and/or mishandled a blood sample drawn by law enforcement after his arrest; (3) whether the evidence was sufficient to support the verdicts; and (4) whether his sentence was proper. After a review of the record, the judgments of the trial court are affirmed.