State of Tennessee v. Rolando Rosas Contreras
M2002-01053-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge Donald P. Harris

The Defendant, Rolando Rosas Contreras, was convicted by a jury of three counts of aggravated rape and two counts of aggravated assault. After a sentencing hearing, the Defendant was sentenced as a violent offender to twenty-five years for each of the three rape convictions, and he was sentenced as a Range I standard offender to six years for each of the two convictions for aggravated assault. The trial court ordered all sentences to be served concurrently for a total effective sentence of twenty-five years. In this direct appeal, the Defendant argues that the evidence presented at trial is insufficient to support his convictions and that the trial court erred by sentencing him to an effective sentence of twenty-five years. We affirm the convictions and modify the sentence imposed by the trial court.

Gregory Lamont Jordan v. State of Tennessee
M2002-01300-CCA-R3-PC
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge W. Charles Lee

The Defendant, Gregory Lamont Jordan, brings this appeal from the trial court's denial of post-conviction relief. The Defendant pled guilty to aggravated robbery and possession of a weapon. In this appeal, he argues that he was denied the effective assistance of counsel during the course of his plea. We affirm the judgment of the trial court.

State of Tennessee v. Michael Kennedy
W2001-03107-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge Roy B. Morgan, Jr.

The defendant, Michael Kennedy, pled nolo contendere to numerous burglary, theft and vandalism charges in Chester and Henderson Counties. He received an effective sentence of fifteen years. The cases were consolidated at the trial level and on appeal. Pursuant to the plea agreement reserving a certified question of law, the defendant contends the trial court erred in denying his motion to suppress items found during an illegal search. We conclude that we do not have jurisdiction as to three of the cases in Henderson County because the certified question of law is not dispositive of these cases. We affirm the remaining judgments of the trial court.

State of Tennessee v. William Roy Gray
W2001-02573-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge Donald H. Allen

The appellant, William Roy Gray, was convicted in the Circuit Court of Madison County of possession of drug paraphernalia, a Class A misdemeanor, and resisting arrest, a Class B misdemeanor. The trial court sentenced the appellant to eleven months and twenty-nine days in the county jail and imposed a one hundred fifty dollar fine ($150) for the possession of drug paraphernalia conviction and six months in the county jail for the resisting arrest conviction. The trial court ordered the sentences to be served consecutively. On appeal, the appellant contends that the trial court erred in denying the appellant's motion to suppress, in failing to consider certain mitigating factors when sentencing the appellant, and in ordering the appellant to serve his sentences consecutively. After a review of the record and the parties' briefs, we affirm the judgments of the trial court.

State of Tennessee v. Cindy L. Holder a/k/a Cindy Lynn Plemmons
E2000-01191-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge D. Kelly Thomas, Jr.

The defendant entered guilty pleas to aggravated assault, A misdemeanor theft of services, E felony vandalism, and two counts of aggravated burglary. For these offenses the defendant received an agreed upon effective sentence of six years with the manner of service to be determined at a subsequent sentencing hearing. At the conclusion of this hearing, the trial court denied the defendant alternative sentencing. Through the instant appeal the defendant contests this denial. However, after reviewing the record and relevant authorities, we find that the defendant waived this issue and that, even if not waived, the claim lacks merit. We, therefore, affirm the trial court's action

State of Tennessee v. Gregory Pierce
E2001-01734-CCA-R3-CD
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge R. Jerry Beck

The defendant, Gregory Pierce, pled guilty to attempted rape of a child, and the trial court accordingly sentenced him to serve eight years as a Range I standard offender for that conviction. After conducting a hearing, the trial court denied the defendant's request for alternative sentencing based upon the defendant's pre-sentence report, which includes a risk assessment evaluation outlining the defendant's potential to re-offend. The defendant now appeals the trial court's denial of his alternative sentencing request, arguing that the denial was improperly based on his polygraph results. After reviewing the record, we find that the trial court acted properly and accordingly affirm the defendant's sentence.

Precision Electric vs. State
E2002-01340-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Mattielyn B. Williams
This litigation arises out of an accident involving a truck owned by Precision Electric Company, Inc. ("the Claimant") and a vehicle owned by the State of Tennessee ("the State"). The Claimant filed a claim against the State with the Tennessee Claims Commission, seeking compensatory damages of $19,845 for, inter alia, the diminution in value of the Claimant's vehicle and a loss of net profits. The case was tried before an Administrative Law Judge ("the ALJ"). The ALJ awarded the Claimant $2,217 for a wrecker bill and certain interest charges, but declined to award the remaining elements of damages sought, finding that the Claimant had failed to carry its burden of proof with respect to these latter damages. On appeal, the Claimant argues that the ALJ erred in refusing to award the full amount of damages sought by it. We affirm.

State of Tennessee v. John A. Carter, Sr.
M2001-02490-CCA-R3-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Judge J. Randall Wyatt, Jr.

John A. Carter, Sr., was tried and acquitted of second-degree murder in the Davidson County Criminal Court for the stabbing death of Simon Doig; he was convicted of the lesser-included offense of reckless homicide. At the subsequent sentencing hearing, the trial court imposed a mid-range, three-year sentence. Carter claims in this appeal that the court should have given him a minimum, two-year sentence. Because we find no error in the trial court's sentencing pronouncement, we affirm.

State of Tennessee v. Tim D. Gardner
M2001-01436-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge Michael R. Jones

A Robertson County jury convicted the Appellant, Tim D. Gardner, of possession of over 300 grams of cocaine, with intent to sell, a class A felony. Gardner raises one issue for our review: whether the evidence was sufficient to support his conviction. After review, we conclude that the proof is sufficient. Accordingly, the judgment of conviction is affirmed.

In the Matter of: CAF
M2002-00516-COA-R3-JV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Nolan R. Goolsby
The trial court terminated the parental rights of the mother and the biological father of a three-year-old girl. It ruled, however, that there were no legal grounds to terminate the parental rights of another man who had signed a voluntary acknowledgment of paternity, but who admitted that he was not the actual father. We affirm the trial court's actions as to the child's biological mother and father, but reverse as to the other respondent.

Amy Butler v. Michael Butler
M2002-00347-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Muriel Robinson
The mother of a minor child, as custodial parent, appeals the action of the trial court in denying her application to relocate with the child from the Nashville area to the Dallas-Ft. Worth, Texas area pursuant to Tennessee Code Annotated section 36-6-108(d). We affirm the action of the trial court.

Lance Grigsby, et al vs. City of Plainview
E2004-01644-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: Billy Joe White
East Tennessee Pioneer Oil Company owned and operated a Spur convenience store in Plainview, Tennessee. As part of a bankruptcy proceeding, the Spur was sold at public auction. Potential purchasers were informed prior to the sale that the Spur was being sold with an active beer permit so long as the purchaser retained Wanda Cherry Evans ("Evans") as manager. In September of 2002, Lance and Lori Grigsby purchased the Spur, retained Evans as manager, and continued to sell beer after renaming the store the All American Market and Deli. On February 20, 2003, the beer board (the "Board") for the City of Plainview voted to revoke the beer permit. On July 3, 2003, the Grigsbys and Evans ("Plaintiffs") filed a complaint requesting the Trial Court grant a writ of certiorari and review the action of the beer board in revoking the beer permit. The City of Plainview (the "City") filed a motion to dismiss claiming that the Trial Court lacked subject matter jurisdiction because the complaint was not filed within sixty days from the entry of the Board's order or judgment and, therefore, the complaint was time barred. The Trial Court agreed and dismissed the complaint. We vacate the judgment of the Trial Court and remand for further proceedings.

State of Tennessee v. Terry Lynn Carter
W2001-02329-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge Jon Kerry Blackwood

Defendant, Terry Lynn Carter, appeals her conviction in the Hardeman County Circuit Court for aggravated assault. Defendant was sentenced, as a Range II multiple offender, to serve nine years in the Department of Correction. On appeal, Defendant argues that the evidence is insufficient to support a finding of guilt beyond a reasonable doubt; that the trial court erred by allowing the assistant district attorney to make improper comments at trial; and that the prosecuting attorney failed to provide defense counsel prior to trial with a copy of a letter that Defendant wrote to the victim. After reviewing the record, we conclude that the trial court erred in admitting the letter into evidence because the State violated its discovery obligation to Defendant. We reverse the judgment of the trial court and remand for a new trial.

W2002-01746-COA-R3-CV
W2002-01746-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: William B. Acree

Medical Center v. Allstate Insurance Company V.
W2002-01439-COA-R9-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Kay S. Robilio

Geraldine Miles vs. John Walsh
W2002-00234-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Robert L. Childers
This appeal arises from a medical malpractice action. Sitting without a jury, the trial court found plaintiffs had failed to prove defendants' conduct fell below the standard of care. The trial court accordingly entered judgment for defendants. We affirm.

State of Tennessee v. Mary Jean Mayrand
E2001-01051-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge J. Curtis Smith

A Rhea County jury convicted the Defendant of first offense DUI, and the trial court sentenced her to forty-eight hours' confinement. In this direct appeal, the Defendant argues (1) that insufficient evidence was presented to support her conviction; (2) that the trial court erred by denying her challenge to one of the jurors during voir dire; (3) that the trial court erred by denying her pre-trial motion to dismiss the indictments; (4) that the trial court erred by allowing the arresting officer to testify as to the contents of an alcoholic beverage; and (5) that her constitutional rights were violated when the State failed to provide her with a "legible" copy of a videotape taken of her at jail following her arrest. We conclude that sufficient evidence was presented to support the Defendant's conviction and that the trial court erred by allowing the arresting officer to testify as to the contents of an alcoholic beverage, but that the error was harmless. We further conclude that the Defendant has waived all other issues on appeal. We therefore affirm the judgment of the trial court.

CH-00-1102-3
CH-00-1102-3
Trial Court Judge: D. J. Alissandratos

CH-01-1559-3
CH-01-1559-3
Trial Court Judge: D. J. Alissandratos

Cinderella Osborne vs. Mountain Life Ins.
E2002-01023-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: John K. Wilson
This appeal raises a question of coverage under a policy of credit life insurance. The Plaintiff, Cinderella Ferrell Osborne, brought this action against Mountain Life Insurance Company ("Mountain Life"), alleging that it wrongfully denied her claim under a credit life insurance policy on the life of her deceased husband, Kenneth Scott Osborne. The Trial Court granted Mountain Life's motion for summary judgment, finding that Mr. Osborne died within six months after the effective date of coverage, from a disease for which he received medical treatment within six months of the effective date of the insurance. The Court held that these facts triggered a limitation of liability provision in the policy, which limited Ms. Osborne's recovery to the premium paid. We reverse the judgment of the Trial Court.

State of Tennessee v. Billy F. Johnson
M2001-00330-CCA-R3-CD
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge Seth W. Norman

A Davidson County Criminal Court jury convicted the defendant, Billy F. Johnson, of first degree premeditated and felony murder and theft of property valued more than five hundred dollars but less than one thousand dollars, a Class E felony. The trial court merged the murder convictions and sentenced the defendant to life in the Department of Correction (DOC). For the theft conviction, the trial court sentenced the defendant to two years to be served concurrently to the life sentence. The defendant appeals, claiming (1) that the evidence is insufficient to support his premeditated murder and theft convictions; (2) that the trial court erred by denying his motion to suppress his confessions; and (3) that the trial court erred by refusing to order the prosecutor to stop misstating the facts during closing argument. We affirm the judgments of the trial court.

Jennifer Norman v. Steven Norman
M2001-01281-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Muriel Robinson
This appeal is the culmination of a lengthy and bitter child support battle. When the parties were divorced in 1994 by the Law Court for Washington County, the wife was awarded custody of their child, and the husband was required to pay child support. The court also approved the parties' marital dissolution agreement that, among other things, provided for annual child support adjustments and obligated the husband to provide the wife with a copy of his annual federal income tax return. The case was transferred to the Circuit Court for Davidson County after the wife and child moved to Nashville. In November 1999, the mother requested the trial court to increase child support and to hold the husband in contempt for failing to provide her copies of his tax returns. Following a bench trial, the trial court not only increased the child support prospectively but also awarded the wife $19,026 in retroactive child support back to 1996. The husband asserts on this appeal that the trial court erred by awarding retroactive child support. We have determined that the trial court did not err by awarding child support back to 1996 because the wife had filed a motion to modify child support in 1996 that had never been acted upon. Accordingly, we affirm the judgment.

State of Tennessee v. Sybil Baker
M2001-02146-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge J. Curtis Smith

The appellant, Sybil Baker, was convicted by a Franklin County jury of one count of aggravated assault, one count of reckless endangerment, and one count of leaving the scene of an accident involving property damage. The trial court properly merged the convictions for aggravated assault and reckless endangerment and imposed a sentence of five years to be served in community corrections. On appeal, the appellant contends that the evidence is not sufficient to support the convictions of aggravated assault, reckless endangerment, or leaving the scene of an accident. Following a review of the record and the parties' briefs, we affirm the judgments of the trial court as to the appellant's convictions and remand for further proceedings consistent with this opinion.

State of Tennessee v. Kendrick F. Love
M2002-00126-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge Robert L. Jones

Defendant, Kendrick F. Love, was indicted by the Giles County Grand Jury on four counts of delivery of cocaine and four counts of the sale of cocaine, all Class B felonies. Defendant was convicted by a jury of his peers of facilitation of the sale of cocaine, facilitation of the delivery of cocaine, three counts of the sale of cocaine, and three counts of delivery of cocaine. Defendant received a total effective sentence of twenty-eight years as a Range II multiple offender. On appeal, Defendant argues that his sentence is excessive and that the trial court erred in denying his motion to sever the offenses. After a careful review of the record, we affirm the judgments of the trial court.

Frank Fly v. Simple Pleasures
M2002-01385-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: J. S. Daniel
Landlord appeals an Order granting summary judgment to Tenant on the effect of a holdover tenancy after the expiration of the term of the lease. We affirm the judgment of the trial court.