William Williams vs. Marla Barnes-Mason
E2002-01442-COA-R3-CV
Trial Court Judge: Mindy Norton Seals
Primary residential custody was awarded to mother. Father appealed. We affirm.

In Re: Adoption of Samuel Downey, et.al. vs. Catherine Downey
E2002-01972-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: W. Frank Brown, III
The Trial Court approved adoption of three minor children by sister of biological mother. Mother appealed, insisting Georgia Court decree terminating her parental rights to the children was defective. We affirm.

Jack Parks vs. Chuck Rich
E2002-02014-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Jean A. Stanley
Jack H. Parks sued Chuck Rich, the owner of an apartment complex. Parks initially complained of a back injury resulting from his jumping off a first floor balcony railing, and irritation to his body caused by a bug spray applied in his apartment unit, both of which incidents occurred at the complex. The trial court granted the defendant's motion for summary judgment. The plaintiff appeals, contending that summary judgment is not appropriate with respect to the bug spray matter and that the trial court erred with respect to certain discovery matters. We affirm.

Dept of Children's Srvcs. vs. L.F.
E2002-02209-COA-R3-JV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Dwight E. Stokes
The trial court terminated the parental rights of L.F. ("Mother") with respect to her minor child, D.F. (DOB: January 28, 1994) ("the child"). Mother appeals, essentially arguing that the evidence preponderates against the trial court's dual findings, by clear and convincing evidence, (1) that statutory grounds for termination exist and (2) that termination is in the best interest of the child. We affirm.

Randall Eugene Best v. State of Tennessee
E2002-00668-CCA-R3-PC
Authoring Judge: Presiding Judge Gary R Wade
Trial Court Judge: Judge Carroll L. Ross

The petitioner, Randall Eugene Best, appeals the trial court's denial of his petition for post-conviction relief. In this appeal, he asserts that he was denied the effective assistance of counsel at trial and on appeal. The judgment is affirmed.

Susan Green v. Leon Moore
M2002-00889-SC-R11-CV
Authoring Judge: Justice William M. Barker
Trial Court Judge: Robert E. Lee Davies
The sole issue in this appeal is whether the thirty (30)-day notice of appeal period, articulated in Tennessee Rule of Appellate Procedure 4(a) ("Rule 4(a)"), began to run when the appellees filed a notice of voluntary dismissal of the final claim between all parties in this action, or when the trial court entered an order confirming that all claims between all parties in this action had been adjudicated. The Court of Appeals held that the thirty-day period commenced on the date the appellees filed the notice of voluntary dismissal and concluded that the appellant's notice of appeal was untimely filed. We granted permission to appeal and hold that the thirty-day notice of appeal period commenced on the date that the trial court entered an order confirming that all claims between all the parties had been adjudicated. Accordingly, the judgment of the Court of Appeals is reversed, and this case is remanded to the intermediate court for consideration of the merits of the appeal.

State of Tennessee v. Edward Clay and Timothy B. Clay
M2002-01319-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Don R. Ash

The co-defendants pled guilty to conspiracy to sell "ecstasy," a Schedule I controlled substance. After a sentencing hearing, each received a sentence of eight years to be served in split confinement, with all but eight months on probation. The co-defendants contend that the trial court erred in not granting them full probation. We affirm the judgments of the trial court.

State of Tennessee v. George Mears
M2000-01663-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge J. S. Daniel

Following a jury trial, Defendant, George Mears, was found guilty of theft of property of not less than $1,000 nor more than $10,000, a Class D felony. In his motion for a new trial, Defendant raised one issue, alleging that he received ineffective assistance of counsel at trial. Defendant contended that his counsel failed to adequately investigate and develop all available defense strategies and failed to adequately prepare for trial. Following an evidentiary hearing, the trial court denied Defendant's motion for a new trial. The trial court concluded that Defendant's counsel should have interviewed two witnesses prior to the day of trial but that Defendant failed to show that he was prejudiced by counsel's delayed interviews. As to all other claims of ineffective assistance of counsel, the trial court found that Defendant failed to show that his counsel's performance was deficient. After a thorough review of the record, we affirm the judgment of the trial court.

State of Tennessee v. Cleophis King
W2001-01151-CCA-R3-PC
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge John P. Colton, Jr.

The petitioner appeals the denial of his petition for post-conviction relief, arguing that the post-conviction court erred in finding that his guilty pleas were knowing and voluntary and that he received the effective assistance of counsel. Following our review, we affirm the judgment of the post-conviction court.

State of Tennessee v. Dwayne A. Williams
W2002-00829-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Bernie Weinman

The defendant was convicted by a jury of possession of more than 300 grams of cocaine with the intent to deliver. The trial court sentenced the defendant as a Range I standard offender to twenty years incarceration. The defendant contends the evidence is insufficient to sustain his conviction. We conclude the evidence is sufficient to sustain the defendant's conviction and affirm the judgment of the trial court.

State of Tennessee v. Darryl Lee Elkins
E2001-01245-SC-R11-CD
Authoring Judge: Justice William M. Barker
Trial Court Judge: R. Jerry Beck

State of Tennessee v. Darryl Lee Elkins
E2001-01245-SC-R11-CD
Authoring Judge: Justice William M. Barker
Trial Court Judge: R. Jerry Beck

State of Tennessee v. Darryl Lee Elkins
E2001-01245-SC-R11-CD
Authoring Judge: Justice William M. Barker
Trial Court Judge: R. Jerry Beck

In Re: Crystal Michelle Moats
E2002-01635-COA-R3-JV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: William T. Denton
This is a paternity case. Following DNA testing, the parties agreed that Randy L. Garner ("Father") is the biological father of Crystal Michelle Moats (DOB: August 13, 1985) ("the child"). The issues remaining before the trial court were "current support, past due support, and medical payments." Following a bench trial, the court addressed these issues. As pertinent to this appeal, the trial court awarded Mother $1,000 as support for the child from her date of birth to the date of filing of the paternity petition, i.e., September 18, 2000. Mother appeals, contending that the trial court erred in setting the amount of retroactive support for the period prior to the filing of the petition. We vacate the trial court's award of $1,000 and remand for further proceedings.

State of Tennessee v. Maurice Whitlock
E2002-01388-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Stephen M. Bevil

Pursuant to a plea agreement, the defendant pled guilty to aggravated assault, a Class C felony and received a three-year sentence with the manner of service to be determined by the trial court. Following a sentencing hearing, the trial court ordered that the defendant serve his three-year sentence in the Tennessee Department of Correction. The defendant now appeals, arguing that the trial court erred by failing to grant the defendant probation or alternative sentencing. Finding no error, we affirm the judgment of the trial court.

In Re: Estate of James H. Williams
M2000-02434-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: Jeffrey S. Bivins
This case began as four separate cases which were consolidated. All four cases arose from the divorce of James Hollister Williams and Kathyrn L. H. Williams, his untimely death, and the probate and distribution of assets in his sizeable estate. The trial court upheld the validity of the divorce by denying Ms. Williams relief under Tenn. R. Civ. P. 60.02, awarded several annuities to Ms. Williams based on her status as the named beneficiary, ordered her to pay the estate taxes resulting from those annuities, and approved part of a claim filed by Ms. Williams against the Estate, but denied part. We affirm the decisions of the trial court upholding the validity of the divorce and awarding the annuities to Ms. Williams, but vacate the order granting the Estate a judgment against Ms. Williams for the estate taxes on the annuities. We also affirm in part and reverse in part the decision of the trial court with respect to the claim against the Estate, and hold that the entire claim should have been denied.

State of Tennessee v. Sammie Don Logue
M2001-02497-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Stella L. Hargrove

The Maury County Grand Jury indicted the defendant for selling less than 0.5 grams of cocaine, and following a trial, a Maury County jury convicted the defendant of the casual exchange of a controlled substance. The trial court sentenced him to eleven months, twenty-nine days' incarceration and suspended all but forty-five days of the sentence. On appeal, the defendant argues that the trial court erred by refusing to allow him to introduce evidence concerning the source of the cocaine and by denying him full probation. We find no error by the trial court and therefore affirm the defendant's conviction and sentence.

State of Tennessee v. Kevin Lee Pennell
M2001-01863-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Steve R. Dozier
The defendant was found in criminal contempt of court for violating a court order by operating a motor vehicle after his driving privileges had been lost for one year, and received a ten-day jail sentence. He raises two issues on appeal: (1) whether a trial judge can revoke a Tennessee driver’s license; and (2) whether he was in contempt for driving his vehicle the same day and after he had lost his license. Finding no error, we affirm the judgment of the trial court.

State of Tennessee v. Kevin Lee Pennell - Dissenting
M2001-01863-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge Steve R. Dozier
I respectfully dissent from the majority’s holding that the Defendant’s conviction for criminal contempt of court should be affirmed. While I agree that the trial court did have the authority to suspend the Defendant’s driver’s license, I do not believe that the Defendant was sufficiently placed on notice that his conduct of driving a car could result in his being held in contempt.

State of Tennessee v. Gregory Lance
M2001-02507-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge W. Charles Lee

Defendant, Gregory Lance, appeals his convictions in the Putnam County Criminal Court for two counts of first degree premeditated murder, especially aggravated burglary, and arson. For the first degree murder convictions, the trial court imposed two concurrent sentences of life imprisonment. For the especially aggravated burglary conviction and arson conviction, defendant was sentenced to serve eight years and three years respectively, to be served concurrently with his life sentences. In this direct appeal, defendant argues: (1) he received ineffective assistance of counsel at trial; (2) the trial court erred in denying his requested jury instruction regarding circumstantial evidence; and (3) there was insufficient evidence to support his convictions. After a careful review of the record, we affirm the judgment of the trial court.

State of Tennessee v. Marcus Tramane Green
M2002-01810-CCA-R3-CD
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge John H. Gasaway, III

The defendant, Marcus Tramane Green, appeals the sentence imposed by the Montgomery County Circuit Court following his guilty pleas to especially aggravated robbery, a Class A felony, and aggravated burglary, a Class C felony. The trial court sentenced him to respective concurrent terms of seventeen years as a Range I, violent offender and four and one-half years as a Range I, standard offender to be served in the Department of Correction. The defendant contends that his sentences are excessive, arguing that the trial court misapplied enhancement factors and failed to apply certain mitigating factors. We affirm the effective seventeen-year sentence imposed by the trial court.

Nannie Sneed v. The Estate of Marie Bright Witherspoon, Deceased, James Morton, Senior, et al.
M2002-00237-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: David Loughry
This appeal involves a claim filed against an estate for personal services rendered to a decedent. The lower court granted the estate's motion to dismiss, finding that the claim was time barred, the claimant had received compensation for her services, and there was no evidence of "fraud, tort, deceit, or concealment." The parties raise multiple issues on appeal. For the following reasons, we affirm

Dock Walker v. State of Tennessee
E2002-02162-CCA-R3-PC
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Judge Ray L. Jenkins

Dock Walker appeals from the Knox County Criminal Court's dismissal of his petition for post-conviction relief. He claims that the court should not have dismissed the petition without appointing counsel and affording him the opportunity to amend the petition. He also claims that based upon due process principles, his petition should not be barred by the statute of limitations. Because the lower court properly discerned that the petitioner had not presented a timely claim for relief, we affirm.

State of Tennessee v. Katrina A. Callahan
E2002-00926-CCA-R3-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Judge R. Jerry Beck

The defendant appeals her Sullivan County conviction, pursuant to a bench trial, of tampering with or fabricating evidence. On appeal, the defendant challenges only the sufficiency of the convicting evidence. Because we conclude that the evidence was insufficient to support the conviction, we reverse the conviction and dismiss the charge.

Phineas Dorris v. American Limestone Company, Inc.
M2002-00741-WC-R3-CV
Authoring Judge: Joe C. Loser, Jr., Sp. J.
Trial Court Judge: John H. Gasaway, III, Judge
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 questions the trial court's findings as to notice, compensability and extent of vocational disability. As discussed below, the panel has concluded the evidence fails to preponderate against the findings of the trial court. Tenn. Code Ann. _ 5-6-225(e) (22 Supp.) Appeal as of Right; Judgment of the Circuit Court Affirmed JOE C. LOSER, JR., SP. J., in which FRANK F. DROWOTA, III, C. J., and JOHN K. BYERS, SR. J., joined. W. Randall Wilson and Lynda Motes Hill, Chattanooga, Tennessee, for the appellant, American Limestone Company, Inc. C. Michael Lawson, Nashville, Tennessee, for the appellee, Phineas Dorris MEMORANDUM OPINION The employee or claimant, Dorris, initiated this civil action to recover workers' compensation benefits. The trial court awarded permanent vocational disability benefits based on 75 percent to the body as a whole. The employer, American Limestone, has 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) (22 Supp.). The reviewing court is required to conduct an independent examination of the record to determine where the preponderance of the evidence lies.