P.E.K. v. J.M. and C.Y.M.
M2001-02190-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Jim T. Hamilton
This case, before this Court for the second time, involves an interstate battle between never-married parents over custody of a minor daughter. The trial court found that under the provisions of the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), the trial court had jurisdiction of the custody dispute and entered judgment awarding custody of the minor daughter to the Petitioner-Father. Mother has appealed. We affirm in part, reverse in part, and remand.

John Ramsey v. First Tennessee Bank
E2001-01777-WC-R3-CV
Authoring Judge: Howell N. Peoples, Special Judge
Trial Court Judge: L W. Dale Young, Judge
The employee appeals a finding that his hernia was not compensable. We affirm.

State of Tennessee v. Gerald E. Saylor
E2001-00604-CCA-R3-CD
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge Lynn W. Brown

The defendant, Gerald E. Saylor, was convicted by a Washington County Criminal Court jury of voluntary manslaughter, a Class C felony, and the trial court sentenced him as a Range III, persistent offender to fifteen years imprisonment. The defendant appeals, claiming that: (1) the evidence is insufficient to support his conviction; (2) the trial court erred in denying his motion to suppress his confession; (3) the trial court erred in excluding testimony that several hours before the killing the victim had stated to a third party that he was going to kill the defendant; (4) the trial court erred in excluding testimony to rebut the state's inference that the defendant planted weapons on the victim and that the victim had made prior threats to the defendant; (5) the trial court erred by failing to declare a mistrial when the jury heard references to his being "on parole" and "on the run"; and (6) the trial court erred in its application of enhancement and mitigating factors to his sentence. Although we conclude that enhancement factor (5) regarding exceptional cruelty should not have been applied, we affirm the judgment of the trial court.

John Paul Seals v. State of Tennessee
E2001-01756-CCA-R3-PC
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge James E. Beckner

The petitioner, John Paul Seals, appeals as of right the Hamblen County Criminal Court's denial of his petition for post-conviction relief, which the court deemed to be filed outside of the statute of limitations. He contends that the trial court should have granted his motion for the appointment of an additional psychological expert in order that he might prove that his mental incompetence tolled the statute of limitations. We affirm the trial court's denial of the petition.

State of Tennessee v. Joseph Antonia Hough
E2000-02728-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge Kindall T. Lawson

The appellant, Joseph Antonio Hough, was convicted of two counts of delivering cocaine and was sentenced as a Range II offender to a total effective sentence of twenty-three years incarceration in the Tennessee Department of Correction. On appeal, the appellant raises the following issues for our review: (1) whether the trial court committed legal error by allowing the appellant to represent himself, and (2) whether the trial court erred in sentencing the appellant. Upon review of the record and the parties' briefs, we affirm the judgments of the trial court.

Lester Johnson v. State of Tennessee
E2001-00019-CCA-R3-PC
Authoring Judge: Presiding Judge Gary R Wade
Trial Court Judge: Judge O. Duane Slone

The petitioner, Lester Johnson, appeals the trial court's denial of his petition for post-conviction relief. In this appeal, the petitioner contends (1) that he was denied the effective assistance of counsel and (2) that the trial judge who presided over the revocation hearing was not impartial. The judgment is affirmed.

Brenda Lehman v. Sylvia Vines
M2001-01811-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Walter C. Kurtz
Plaintiff-attorney sued former client for balance of amount due under fee agreement. In a nonjury trial, the trial court found that the client owed a balance of $4,209.00, and entered judgment for plaintiff in that amount. The client appeals, and we reverse and remand.

Sumner Co. Bd of Ed. v. Mansker Farms
M2001-01888-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Tom E. Gray
This is a dispute over an option contract. Mansker Farms, a land developer, offered the Sumner County School Board an option on land in its development to build a school. A dispute arose over whether a condition precedent existed in the contract and whether the nonfulfillment of this condition prevented the School Board from exercising the option. The trial court found that no valid contract existed because there was no meeting of the minds between Mansker Farms, who gave the option, and the Sumner County Board of Education, who attempted to exercise the option. For the following reasons, we affirm the ruling of the trial court.

Alison Rinner v. Robert Rinner
M2001-02307-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Muriel Robinson
This is a divorce case. The father and mother were both forty-one years old and had a six-year-old daughter. The trial court ordered the father to pay rehabilitative alimony, child support, and a portion of the mother's attorney's fees. On appeal, the father argues that the trial court improperly considered bonus money the father had received, that it erred in not ordering that child support on income in excess of $10,000 be placed in trust, that it erred in ordering him to pay rehabilitative alimony and a portion of the mother's attorney's fees, and also erred in failing to assign tax liability regarding certain stock options. We affirm the trial court's calculation of child support, the decision not to pay a portion of the child support into a trust, the order to pay rehabilitative alimony and a portion of the mother's attorney's fees, and find that the trial court was not required to assign tax liability as to the stock options.

M2001-01320-COA-R9-CV
M2001-01320-COA-R9-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: C. L. Rogers

10-00-095-P
10-00-095-P
Trial Court Judge: A. Andrew Jackson

CH-00-1654-1
CH-00-1654-1
Trial Court Judge: Walter L. Evans

M1998-01012-SC-R11-CV
M1998-01012-SC-R11-CV
Authoring Judge: Justice Adolpho A. Birch, Jr.

State of Tennessee v. Samuel W. Dowdy
M2001-03064-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Jane W. Wheatcraft

The Defendant pled guilty to attempt to commit aggravated sexual battery and received a three-year suspended sentence. Approximately nine months later, a probation violation warrant was issued against the Defendant, alleging that the Defendant had violated his probated sentence by failing to report and by failing to attend a sexual perpetrators program. Following a hearing, the trial court revoked the Defendant's probation and ordered him to serve his sentence. This appeal followed. Following a review of the record, we affirm the judgment of the trial court.

Jackie D. Dillard v. Meharry Medical College, et al.
M2001-02038-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Judge Hamilton V. Gayden, Jr.

The jury returned a verdict for the defendant surgeon and hospital in this medical malpractice action. The plaintiff argues on appeal that the trial court committed reversible error at several stages of the trial, including jury selection, witness testimony and jury instructions. We affirm the trial court.

James Lawrence Feenin v. State of Tennessee
M2001-02277-CCA-R3-PC
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Steve R. Dozier

The Petitioner pleaded guilty to one count each of especially aggravated kidnapping and aggravated rape. The trial court sentenced the Petitioner to nineteen years incarceration on each count, to be served concurrently. The Petitioner subsequently filed a petition for post-conviction relief, alleging that he received ineffective assistance of counsel and that his guilty pleas were not entered knowingly and voluntarily. The post-conviction court denied relief, and the Petitioner now appeals. Concluding that the Petitioner received effective assistance of counsel and that the Petitioner entered his guilty pleas voluntarily, knowingly, and intelligently, we affirm the judgment of the post-conviction court.

Strategic Capital Resources, Inc., et al., v. Dylan Tire Industries, LLC., et al.
M2001-00790-COA-R3-CV
Authoring Judge: Presiding Judge Ben H. Cantrell
Trial Court Judge: Chancellor Ellen Hobbs Lyle

Strategic Capital Resources, Inc. and FPE Funding, LLC sued the buyer and seller of the Pirelli tire plant in Nashville and other parties involved in structuring and financing the transaction. The complaint alleged that the buyer and seller breached an agreement with Strategic, and that other parties were guilty of fraud, inducement of breach of contract, conspiracy, and had been unjustly enriched at the expense of Strategic.. The Chancery Court of Davidson County granted the defendants' Tenn. R. Civ. P. 12.06 motion to dismiss because Strategic's contract with the buyers did not bind the buyer to deal exclusively with Strategic. We affirm.

The National Mutual Insurance Company, v. Jo Ivory Polk
W2001-01555-COA-R3-CV
Authoring Judge: Presiding Judge W. Frank Crawford
Trial Court Judge: Judge Rita L. Stotts

This is a declaratory judgment action brought by an insurer seeking to void a property insurance policy for alleged misrepresentation in the application for the policy. The insured filed a counter claim seeking recovery under the policy. The trial court granted the insurance company's motion for summary judgment and declared the policy void ab initio. We reverse and remand.

State of Tennessee v. Christopher Ray Smith
II-500-166-B
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge Timothy L. Easter

The Appellant, Christopher Ray Smith, entered “best-interest” pleas of guilty to one count of aggravated rape and one count of aggravated robbery. Following a sentencing hearing, Smith was sentenced to consecutive terms of twenty-five years for aggravated rape and twelve years for aggravated robbery. Additionally, the trial court ordered this effective thirty-seven year sentence to be served consecutively to outstanding aggravated robbery and theft convictions from Humphreys
and Dickson Counties. On appeal, Smith contends the trial court erred in (1) imposing consecutive sentences for his aggravated rape and aggravated robbery convictions and (2) ordering that his Williamson County sentences be served consecutively to his Humphreys County and Dickson County sentences. Finding no error, the judgment of the Williamson County Circuit Court is affirmed.

Kelly Rae Gray v. David Wayne Gray
M2000-00620-SC-R11-CV
Authoring Judge: Justice Janice M. Holder
Trial Court Judge: Judge Royce Taylor

We granted this appeal to address the propriety of a trial court's award of child support to a parent who is not the primary residential parent. We hold that the Child Support Guidelines require that child support may be awarded only to the primary residential parent under the parenting plan approved by the trial court. We further hold that the use of a comparative analysis of the parties' earnings is improper under the Child Support Guidelines. We therefore reverse the trial court's judgment, reverse the judgment of the Court of Appeals, and remand this case to the trial court for consideration of an award of child support to the primary residential parent, David Wayne Gray.

William Brian Belser v. State of Tennessee
E2001-01541-CCA-R3-CD
Authoring Judge: Presiding Judge Gary R. Wade
Trial Court Judge: Judge Ray L. Jenkins

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

State of Tennessee v. Michael Shane Powell
E2001-01544-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge Stephen M. Bevil

The Defendant, Michael Shane Powell, was convicted by a jury of first degree felony murder by aggravated child abuse, and aggravated child abuse. The trial court subsequently sentenced the Defendant to life imprisonment for the murder, and to a concurrent term of twenty years for the aggravated child abuse. In this direct appeal, the Defendant challenges the sufficiency of the evidence; the admission of proof of a prior alleged instance of child abuse; and the constitutionality of his dual convictions for felony murder by aggravated child abuse, and aggravated child abuse. We affirm the judgments of the trial court.

State of Tennessee v. Robyn Renee Rainer
E2001-01677-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge D. Kelly Thomas, Jr.

The Defendant, Robyn Renee Rainer, pled guilty to one count of possession of cocaine with intent to sell and deliver. Her plea agreement included an agreed sentence of eight years as a Range I standard offender, with the manner of service to be imposed by the trial court. After a hearing, the trial court placed the Defendant on community corrections. Following the Defendant's second violation of the terms of her community corrections sentence, the trial court revoked the Defendant's community corrections status and ordered that her sentence be served in the Department of Correction. The Defendant now appeals the trial court's ruling. We affirm the judgment of the trial court.

State of Tennessee v. James C. McFall
E2001-02712-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge James E. Beckner

The Defendant, James McFall, was found guilty by a jury of violating a motor vehicle habitual offender order. The trial court subsequently sentenced the Defendant as a multiple, Range II offender to three years in the Department of Correction, to be served consecutively to a prior sentence. The Defendant now appeals, challenging the sufficiency of the indictment; the sufficiency of the evidence; the trial court's instructions to the jury; and the efficacy of the State's Notice of Intent to Seek Enhanced Punishment. We affirm the judgment of the trial court.

Carolyn Phelps v. Michael McGill, Commissioner of the Tennessee Department of Labor and Workforce Development, et al.
W2002-00018-COA-R3-CV
Authoring Judge: Presiding Judge W. Frank Crawford
Trial Court Judge: Chancellor Joe C. Morris

Plaintiff was discharged from her employment for making a false statement concerning her health in her application for employment to defendant-employer. The false statement was discovered some years after her employment commenced when she sustained an injury at work which had no relation to the false answers in the application. Plaintiff was denied unemployment benefits because of work-related misconduct which was affirmed by the Board of Review. Plaintiff filed a Petition for Judicial Review in the chancery court. The chancery court affirmed the Board of Review, and plaintiff appeals. We affirm.