State of Tennessee v. Sandra Lynn Baumgartner
W2003-00038-CCA-R3-CD
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge John P. Colton, Jr.

The defendant, Sandra Lynn Baumgartner, appeals the mandatory outpatient treatment (MOT) plan imposed by the Shelby County Criminal Court following her acquittal of first degree murder due to her insanity at the time of the crime. She contends that the trial court erroneously required mandatory outpatient treatment because the evidence does not show that her mental condition is likely to deteriorate rapidly, making it substantially likely that she would cause serious harm. She also argues that the MOT plan imposed by the trial court is contrary to the medical proof, punitive, oppressive, and impossible to perform. We conclude that the evidence preponderates against the MOT plan’s requirements that the defendant live in a supervised residential facility and have someone supervise the administration of her medicine. We affirm the MOT plan as modified to exclude these requirements and remand the case for the trial court to reinstate the original condition that the defendant reside with her parents in their home.

State of Tennessee v. Robert J. Williams
W2002-02366-CCA-R3-CD
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge Julian P. Guinn

The defendant, Robert J. Williams, pled guilty in the Henry County Circuit Court to one count of selling one-half gram or more of cocaine, a Class B felony, and two counts of selling less than one half gram of cocaine, a Class C felony. As a Range I, standard offender, he received one eight-year sentence and two three-year sentences to be served concurrently as one year in confinement and the remainder in a community corrections program. The defendant appeals, claiming that his sentences are excessive. We affirm the defendant’s sentences, but we remand the case for entry of corrected judgments.

State of Tennessee v. William Rhea Jackson
M2002-02567-CCA-R3-CD
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge Steve R. Dozier

The defendant, William Rhea Jackson, pled guilty in the Davidson County Criminal Court to aggravated assault and aggravated burglary, Class C felonies, and the trial court sentenced him as a Range I, standard offender to consecutive sentences of six and five years, respectively. The trial court also ordered that the defendant serve his effective eleven-year sentence consecutive to an effective thirty-four-year sentence that he received for offenses committed five days before the current crimes. He appeals, claiming that his sentences are excessive. We affirm the judgments of the trial court.

James L. Feenin v. Kevin Myers, Warden
M2002-01770-CCA-R3-CO
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge Jim T. Hamilton

The Appellant, James L. Feenin, proceeding pro se, appeals the summary dismissal of his petition for writ of habeas corpus. Feenin is currently a Department of Correction inmate at the South Central Correctional Facility in Wayne County, where he is serving an effective nineteen-year sentence. On appeal, Feenin argues that his incarceration stems from a void indictment. Specifically, he contends that two counts of the indictment, to which he pled guilty, were not signed by the district attorney general. Finding this argument without merit, the judgment of the Wayne County Circuit Court is affirmed.

Mark A. Mitchell v. State of Tennessee
M2002-01500-CCA-R3-PC
Authoring Judge: Presiding Judge Gary R Wade
Trial Court Judge: Judge Seth W. Norman

The petitioner, Mark A. Mitchell, appeals the trial court's dismissal of his petition, which sought post-conviction relief and post-conviction DNA analysis. The single issue presented for review is whether the petition was properly dismissed. The judgment is affirmed.

Willie Tom Ensley v. State of Tennessee
M2002-01609-CCA-R3-PC
Authoring Judge: Presiding Judge Gary R Wade
Trial Court Judge: Judge Walter C. Kurtz

The petitioner, Willie Tom Ensley, appeals the trial court's denial of his post-conviction petition requesting DNA analysis. The issue presented for review is whether the trial court erred by summarily dismissing the petition without the appointment of counsel, an opportunity to amend, or an evidentiary hearing. The judgment is reversed and the cause is remanded for further proceedings.

State of Tennessee v. Louis Tyrone Robinson - Order
M2002-01641-CCA-R3-CD
Authoring Judge: Judge Jerry L. Smith

In this appeal the appellant, Louis Tyrone Robinson, complains that the Davidson County Criminal Court erroneously dismissed his petition for the writ of habeas corpus without affording the appellant a hearing on the petition. After reviewing the record in this matter we are of the opinion that the criminal court was correct in its summary dismissal of the petition and we therefore affirm the action of the trial court pursuant to Rule 20 of the Rules of the Court of Criminal Appeals.

Cecil Eugene Brannan v. State of Tennessee
M2002-00628-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge Lee Russell

The petitioner, Cecil Eugene Brannan, pled guilty in the Bedford County Circuit Court to three counts of vehicular assault and one count of driving under the influence (DUI), fourth offense. The plea agreement stipulated that the petitioner would receive a total effective sentence of eight years incarceration. The petitioner subsequently filed for post-conviction relief, alleging that trial counsel failed to advise him that his plea agreement violated double jeopardy principles. The post-conviction court dismissed the petition and the petitioner timely appealed. Upon review of the record and the parties' briefs, we affirm the judgment of the post-conviction court.

State of Tennessee v. Pharez Price
M2002-01717-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge Jim T. Hamilton

A Maury County jury convicted the defendant, Pharez Price, of facilitation of felony murder, facilitation of attempted first degree murder, facilitation of attempted second degree murder, facilitation of attempted especially aggravated robbery, and criminal responsibility for the conduct of another for felony reckless endangerment. The trial court imposed an effective sentence of forty-three years. On appeal, the defendant contends (1) the trial court improperly found a child witness competent to testify, and (2) the evidence was insufficient to support his convictions for any of the offenses other than felony reckless endangerment. We reverse and dismiss the convictions for facilitation of attempted first degree murder and facilitation of attempted second degree murder, affirm the other convictions, and remand for a determination of concurrent/consecutive sentencing.

State of Tennessee v. Ricky Blair
W2001-02965-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge L. Terry Lafferty

The defendant was convicted by a jury of attempted second degree murder, aggravated assault, and setting fire to personal property. The defendant received an effective sentence of nine years. The sole issue on appeal is whether the evidence was sufficient to support his conviction for attempted second degree murder. We affirm the judgments from the trial court.

State of Tennessee v. Vincent Howard
W2001-01904-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge J. C. Mclin

The defendant appeals his convictions of first degree felony murder and especially aggravated robbery. He received a life sentence for the first degree felony murder conviction and an additional twenty-one year sentence for his especially aggravated robbery conviction. The defendant contends the evidence is insufficient to sustain his convictions. The defendant also argues his twenty-one- year sentence for especially aggravated robbery is excessive. The defendant alleges the trial court misapplied enhancement factors (1), (8), (13), and (16) and erred in finding him a dangerous offender to support its consecutive sentence determination. We affirm the convictions, but remove the presumption of correctness due to the misapplication of four enhancement factors and remand for a new sentencing hearing on the especially aggravated robbery conviction only.

State of Tennessee v. Larry D. Anderson
W2001-02371-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Joseph H. Walker, III

The defendant was found guilty by a jury of first degree felony murder and especially aggravated burglary. He was sentenced to life plus twelve years, respectfully, in the Department of Correction. The defendant contends that he was mentally incompetent to stand trial or to give a knowing, intelligent, and voluntary waiver of his Miranda rights and that his sentences were in error. We affirm the judgments from the trial court.

Mohamed F. Ali v. State of Tennessee
E2001-00183-CCA-R3-PC
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge R. Jerry Beck

The petitioner, Mohamed F. Ali, appeals from the judgment of the Washington County Criminal Court denying him post-conviction relief from his convictions for rape and attempted bribery. He is serving an effective sentence of fifteen years in the Department of Correction. The petitioner contends that the post-conviction court erred in (1) applying incorrect law governing judicial bias, (2) finding that the convicting trial judge was not biased against him, (3) excluding evidence of judicial bias, (4) refusing the petitioner's discovery requests regarding the issue of bias, and (5) denying the petitioner's claim of ineffective assistance of counsel. We affirm the post-conviction court.

State of Tennessee v. Kenneth Lee England
E2002-00693-CCA-R3-CD
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge E. Shayne Sexton

The defendant, Kenneth Lee England, was convicted by a Campbell County Criminal Court jury of retaliation for past action, a Class E felony, and the trial court sentenced him as a career offender to six years in the Department of Correction. The defendant appeals, claiming that the evidence is insufficient and that the trial court erred by allowing the state to impeach him with his prior retaliation for past action convictions under Tenn. R. Evid. 609. We affirm the judgment of the trial court.

State of Tennessee v. Kristina Dawn Catron
E2002-01390-CCA-R3-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Judge R. Jerry Beck

The defendant, Kristina Dawn Catron, pleaded guilty to one count of fabricating evidence, one count of making a false report, and one count of misdemeanor theft under $500. The negotiated plea agreement produced an effective sentence of three years. The manner of service of the sentence was to be determined by the trial court. Following a presentence investigation and a sentence hearing, the trial court ordered the defendant to serve the sentence in confinement. It is from this sentencing determination that the defendant appeals. We affirm the judgment of the trial court based on the need to avoid depreciating the seriousness of the offense.

M2002-02603-COA-R3-JV
M2002-02603-COA-R3-JV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Lee A. England

Billy Culp v. Billie Grinder
M2002-01512-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: Jim T. Hamilton
The Culps brought suit against their neighbors, the Grinders, for removal of a septic tank solid line located on their property. The Culps argued that the ten foot easement reserved by the subdivision for "utilities" did not include personal septic tanks. The trial court dismissed the suit and found that the septic tank solid line placement was a type of "utility" and was within the ten foot easement; further, the court found no damages had been suffered by the Culps. We affirm the decision of the trial court.

State v. R.S. and K.S.
M2002-00919-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: Buddy D. Perry
This appeal involves a petition filed by the Department of Children's Services to terminate the parental rights of Mother and Father to their three minor children. The trial court denied the petition and ordered the children returned to Mother and Father. The Department appeals the decision of the trial court, arguing first that there was clear and convincing evidence to support termination, and secondly, even if the denial is upheld, the trial court lacked jurisdiction to order the children's return to their parents. Because we find the petition was properly denied, but further find the trial court lacked jurisdiction to order the children's return home, we affirm in part, vacate in part, and remand.

Shin Yi Lien v. Ruth Couch
M2002-01625-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: John D. Wootten, Jr.
This is the second time the parties have been before this court in a dispute over the purchase of emu chicks. In this appeal, the Plaintiffs take issue with the trial court's limitation of damages recoverable under the Tennessee Consumer Protection Act. We reverse the judgment of the trial court.

Reta Tompkins v. Kevin Helton
M2002-01244-COA-R3-CV
Authoring Judge: Chancellor Carol L. McCoy
Trial Court Judge: John A. Turnbull
The Plaintiffs, Reta J. Tompkins and her husband, Michael J. Tompkins, brought this negligence action against the Defendant, Kevin W. Helton, as the agent for the Defendant, B.K. Luna, individually and d/b/a Big Foot Speedway, Inc., a/k/a Tennessee Motor Speedway. The Defendants filed a motion for summary judgment with a copy of the Release and Waiver of Liability Agreement signed by the Plaintiffs. The trial court granted partial summary judgment, found that the release was valid as to the Defendants and released the Defendants as to all causes of action based on ordinary negligence. We affirm.

Elizabeth Snodgrass v. Allen Freemon
M2002-01247-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Stella L. Hargrove
Defendant/Cross-Claimant appeals the action of the trial court in holding that Cross-Claimant had not carried his burden of proof to establish adverse possession of the property in issue. We affirm the judgment of the trial court.

Judy Burroughs v. Robert W. Magee
W2001-00238-SC-R11-CV
Authoring Judge: Justice William M. Barker
Trial Court Judge: Joseph H. Walker, III

State v. Christopher M. Flake
W2001-00568-SC-R11-CD
Authoring Judge: Justice Frank F. Drowota, III
Trial Court Judge: Bernie Weinman

State v. Christopher M. Flake
W2001-00568-SC-R11-CD
Authoring Judge: Justice Frank F. Drowota, III
Trial Court Judge: Bernie Weinman

State v. Christopher M. Flake
W2001-00568-SC-R11-CD
Authoring Judge: Justice Frank F. Drowota, III
Trial Court Judge: Bernie Weinman