Judy Rodriguez v. Metro Gov't. of Nashville
M2001-02500-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Ellen Hobbs Lyle
Municipal employee filed a petition for review of civil service commission order terminating her employment. The chancery court affirmed the order of the commission, finding that the record contained substantial and material evidence to support the termination. The employee has appealed. We affirm.

State v. Michael Pate
M2001-00076-COA-R7-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Allen W. Wallace
This case originated in the Juvenile Court of Dickson County, Tennessee and was appealed to the circuit court pursuant to Tennessee Code Annotated section 37-1-159(a). Michael Pate appeals the action of the circuit court adopting the juvenile court action with slight modifications. We affirm the action of the trial court.

Henry Kerr v. Earl Lemoine
M2001-00986-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Carol L. Mccoy
Appellant judgment creditor appeals from the action of the trial court in post-judgment proceedings allowing installment payments of the underlying judgment. The record before the Court is inadequate for appellate review, and acting within our discretion, we remand the case to the trial court for further proceedings.

CH-02-0287-3
CH-02-0287-3
Trial Court Judge: D. J. Alissandratos

2000-00161-COA-R3-CV
2000-00161-COA-R3-CV
Trial Court Judge: Ellen Hobbs Lyle

Anna Lamb v. State
M1998-00910-COA-R12-CV
Authoring Judge: Judge William C. Koch, Jr.
This appeal stems from a mother's allegations that her mentally impaired daughter was sexually abused while in the custody of the Alvin C. York Agricultural Institute. The mother filed a claim on her daughter's behalf with the Division of Claims seeking $300,000 in damages. The claim was transferred to the Tennessee Claims Commission where, following a hearing, a Commissioner dismissed the claim because the mother had failed to establish that her daughter had been sexually abused while she was in the State's custody. The mother asserts on this appeal that the evidence preponderates against the Commissioner's findings. We affirm the Commissioner's dismissal of the claim.

Jesse E. Rogers v. State of Tennessee
E2001-02869-CCA-R3-PC
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge James Edward Beckner

The petitioner, Jesse E. Rogers, entered "best interest" guilty pleas to five counts of rape of a child. He was sentenced to twenty-five years incarceration in the Tennessee Department of Correction for each offense, with the sentences to be served concurrently. The petitioner subsequently filed for post-conviction relief. Following an evidentiary hearing, the post-conviction court denied relief and the petitioner timely appealed. We affirm the judgment of the post-conviction court.

Ginnie Leach vs. Tim Taylor
W2002-01091-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Clayburn L. Peeples

Ginnie Leach vs. Tim Taylor
W2002-01091-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Clayburn L. Peeples

Jackie Reynolds vs. Tammy Battles
W2002-00031-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: C. Creed Mcginley
This is an appeal from on order denying a Tenn. R. Civ. P. 60.02 motion to set aside a default judgment entered in favor of the plaintiffs for $1,200,000. We vacate the order of the trial court and remand for further proceedings.

Helen Hall vs. James Hall
W2002-00786-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Martha B. Brasfield
Plaintiff-wife sued defendant husband for a divorce on the grounds of inappropriate marital conduct and irreconcilable differences. After a nonjury trial, a divorce was awarded to wife and she was awarded alimony in futuro and part of her attorney fees. Husband has appealed the award of in futuro alimony. We affirm.

Bruce Martin vs. Beverly Martin
W2002-00819-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Ron E. Harmon
This is a divorce case. Prior to their marriage, the husband and the wife executed a prenuptial agreement. The agreement stated that upon divorce, if jointly-held property were sold, each party would be credited his or her share of separate property contributed to the purchase of the jointly-held property, with the remaining funds divided according to each party's ownership share. After the parties married, they purchased land with the intention of converting it into a catfish farm. The husband and the wife both contributed financially towards the purchase of the land. Both parties worked full time. The husband used his machinery that he owned separately and expended labor to convert the land to a catfish farm. The wife maintained their home. The parties divorced. At the divorce hearing, the husband argued that, under the terms of the prenuptial agreement, he should be credited for his labor and the use of his heavy machinery to improve the farm land. The trial court declined to do so, and credited the husband and the wife with their respective financial contributions. The parties' personal property was divided equally. The husband appeals, arguing that he should have been credited for his labor and the use of his heavy machinery, and also disputing the division of the personal property. The wife asserts that she should have received a larger percentage of the proceeds from the sale of the property. We affirm.

State of Tennessee v. Timothy Wayne Grimes
M2001-01460-CCA-R3-CD
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge Robert Burch

A Dickson County Circuit Court jury convicted the defendant, Timothy Wayne Grimes, of possession of a Schedule IV controlled substance with intent to deliver, a Class D felony, and the trial court sentenced him as a Range III, persistent offender to eight years in a community corrections program. The defendant appeals, claiming that the trial court erred by failing to instruct the jury as to the lesser included offenses of simple possession and casual exchange. We conclude that the trial court erred by failing to instruct the jury regarding simple possession of the controlled substance. Although we hold that casual exchange is not a lesser included offense of possession with intent to deliver, we also conclude that the trial court should have instructed the jury regarding the casual exchange inference provided in Tenn. Code Ann. § 39-17-419. We reverse the judgment of conviction and remand the case for a new trial.

State of Tennessee v. Ricky Brandon and Jimmy W. Brandon
M2002-00073-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge L. Craig Johnson

The Appellants, Ricky Brandon and Jimmy W. Brandon, were convicted by a Coffee County jury of misdemeanor assault. In this direct appeal of their convictions, the Appellants argue that they received ineffective assistance of counsel at trial and, as such, their convictions should be vacated. After review, we find no error and affirm the judgment.

State of Tennessee v. Gregory Key
M2002-00154-CCA-R9-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge James K. Clayton, Jr.

Defendant, Gregory Key, was indicted by the Rutherford County Grand Jury on two counts of aggravated sexual battery. During a hearing on several pretrial motions, defense counsel, Darrell Scarlett, advised the trial court of a joint business venture between himself and Detective Lawson, an investigating officer in the case. The court entered an Order disqualifying Defendant's attorney from further representation, finding that the relationship constituted an appearance of impropriety. Pursuant to Rule 9 of the Tennessee Rules of Appellate Procedure, Defendant appeals the trial court's disqualification of his attorney and argues that he waived any conflict or appearance of impropriety after full disclosure.

State of Tennessee v. Nelson Edward Meeks
M2001-03108-CCA-R3-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Judge Thomas W. Graham

Nelson Edward Meeks appeals the sentence imposed for three convictions for third offense driving under the influence, reckless driving, and driving on a revoked license. He claims that the lower court erred in (1) failing to consider the statutory sentencing principles and considerations, and (2) imposing a sentence not authorized by law. Because we disagree in both respects, we affirm.

Antonio M. Miller v. State of Tennessee
M2001-01265-CCA-R3-PC
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Judge J. Steve Daniel

Antonio M. Miller appeals from the Rutherford County Circuit Court's denial of his petition for post-conviction relief. Miller is presently serving an effective nineteen-year sentence for convictions of second-degree murder, six counts of aggravated burglary, and one count of felony drug possession. He claims that two of his trial counsel provided ineffective assistance. The lower court ruled against the petitioner, and upon review of the record, we affirm that ruling.

Willie Joseph Lagano v. State of Tennessee
M2001-01576-CCA-R3-CO
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge Seth W. Norman

Petitioner, Willie Joseph Lagano, filed a petition for writ of habeas corpus in the trial court. The trial court summarily dismissed the petition without an evidentiary hearing. Petitioner appealed. After a thorough review of the record, we affirm the judgment of the trial court.

Patsy Moss vs. John McGarvey
W2001-02347-COA-R3-JV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: George E. Blancett
This is an action to collect a child support arrearage. The mother and father of two minor children were divorced in 1973, and custody was awarded to the mother. In July 1981, the trial court entered a consent order requiring the father to pay the mother $35 per week in child support. In May 2000, nineteen years after the consent order was entered and ten years after the younger child turned eighteen, the mother filed a petition to collect the child support arrearage from the father. The father argued, among other things, that the mother's petition was barred by the doctrine of laches. The trial court granted the mother's petition and ordered the father to pay the child support arrearage, plus interest and attorney's fees. The father now appeals that order. We affirm, based on established caselaw holding that the doctrine of laches is not available as a defense in an action to recover child support arrearages.

State of Tennessee v. Marquez Winters
W2001-00740-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge W. Fred Axley

The Shelby County Grand Jury indicted the Defendant for two counts of especially aggravated kidnapping and for one count of criminal attempt to commit first degree murder. The Defendant was subsequently convicted of one count of aggravated kidnapping and of one count of criminal attempt to commit first degree murder. The trial court sentenced the Defendant to consecutive maximum sentences totaling thirty-seven years. The Defendant now appeals his sentences, arguing that the trial court erred in its application of enhancement factors, that the trial court improperly imposed maximum sentences for both convictions, and that the trial court erred in ordering the sentences to be served consecutively. Although the trial court erred in its application of certain enhancement factors, we conclude that it properly considered other enhancement factors which warranted sentencing the Defendant to consecutive maximum terms. Therefore, we affirm the sentences imposed by the trial court.

State of Tennessee v. Roy L. Denton
E2001-03018-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge Thomas W. Graham

The Defendant, Roy L. Denton, was convicted by a jury of DUI and public intoxication. The Defendant now appeals as of right, raising the following issues: whether the trial court should have dismissed the indictment; whether the trial court should have stayed the proceedings; whether the trial court should have suppressed evidence; whether the trial court erred in refusing to admit certain evidence proffered by the Defendant; whether the evidence is sufficient to sustain the Defendant's conviction of DUI; whether the prosecutor engaged in misconduct during trial; whether the trial court should have granted the Defendant's motions for mistrial and/or new trial; whether the Defendant received ineffective assistance of counsel; and whether the trial court erred with respect to advising the Defendant about his right to appeal. We affirm the judgment of the trial court.

James E. Swiggett v. State of Tennessee
E2002-00174-CCA-R3-PC
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge James E. Beckner

The Defendant, James E. Swiggett, was convicted by a jury in 1992 of first degree premeditated murder. His conviction was affirmed on direct appeal. See State v. James Swiggett, No. 03C01-9209-CR-00312, 1994 Tenn. Crim. App. LEXIS 766 (Knoxville, Nov. 23, 1994), perm. appeal den. (Tenn. 1995). The Defendant subsequently filed for post-conviction relief, which petition was denied by the trial court as barred by the statute of limitations. This ruling was affirmed on direct appeal. See James E. Swiggett v. State, No. 03C01-9804-CR-00161, 1999 Tenn. Crim. App. LEXIS 422 (Knoxville, May 4, 1999), perm. appeal den. (Tenn. 1999). The Defendant then filed the instant petition for post-conviction relief, claiming grounds for tolling the statute of limitations. The trial court summarily dismissed the instant petition on the grounds that a prior petition had already been filed. This appeal followed. We affirm the judgment of the trial court.

Robert Stephenson vs. Mary Stephenson
W2002-01064-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Christy R. Little
This appeal involves a will contest. The trial court found the testator to be competent at the time the will was executed and held that the will was the "complete, whole, true and valid Last Will and Testament" of the testator. For the following reasons, we affirm.

Mid-America Apt. Communities vs. Country Walk
W2002-00032-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Floyd Peete, Jr.
Plaintiff filed suit for damages to ponds on its property caused by silt flowing from upstream property under development by Defendants. The trial court found that the suit was timed barred by the three year statute of limitations applicable to causes of actions for injuries to property and accordingly entered judgment in favor of the defendants. We reverse and remand.

Lafayette Romine Sr./Debra Romine vs. Julia Fernandez & Johnathan Isom
W2002-00703-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Robert L. Childers