Nicolaie Lucescu v. Twin City Motors, Inc.
E2001-00672-WC-R3-CV
Authoring Judge: W. Neil Thomas, III,
Trial Court Judge: Telford Fogerty, Jr., Chancellor
The issue presented by this appeal is whether there is evidence to support the finding of the trial court that the hernia experienced by the employee occurred before the date of the report of the accident and is, therefore, not compensable under the Hernia Statute, T.C.A. _5-6-212. After a review of the record and the briefs and after consideration of the arguments of counsel, we find that the trial court simply chose to believe the plaintiff's treating physician rather than the plaintiff as to when the hernia occurred. We, therefore, affirm.

State of Tennessee v. Michael Wqyne Belcher
E2001-00515-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Robert E. Cupp

The defendant appeals his convictions for aggravated burglary and possession of burglary tools. After a review of the record, we conclude that the defendant was not prejudiced by the State’s failure to redact an obscure reference to the defendant’s probation status from an audio taped statement that was played at trial. However, we are unable to find sufficient evidence to establish that the defendant had a hammer and screwdriver in his automobile with the intent to commit burglary. Therefore, the defendant’s conviction for possession of burglary tools, a Class A misdemeanor, is reversed and dismissed. The aggravated burglary conviction is affirmed.

State of Tennessee v. Hamadi G. Haley
E2001-01244-CCA-R3-CD
Authoring Judge: Presiding Judge Gary R Wade
Trial Court Judge: Judge Mary Beth Leibowitz

The defendant, Hamadi G. Haley, was convicted of felony murder, especially aggravated robbery, and aggravated robbery. The trial court imposed a sentence of life with the possibility of parole for the felony murder, 17 years for the especially aggravated robbery, and eight years for the aggravated robbery, with all terms to be served concurrently. In this appeal of right, the defendant claims that he was denied access to material witnesses by the state and that he should have been granted a new trial based on newly discovered evidence. The judgments of the trial court are affirmed.

Jackie William Crowe v. State of Tennessee
E2001-01559-CCA-R3-PC
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge Carroll L. Ross
Jackie W. Crowe appeals from the McMinn County Criminal Court's denial of his post-conviction motion to dismiss the indictments against him. Crowe, who is incarcerated in the Department of Correction on convictions of rape and incest, is proceeding pro se. Because he has already exhausted his one opportunity for post-conviction relief and because his motion does not comply with the requirements for a habeas corpus proceeding, we dismiss the appeal.

Richard Madkins vs. State
W2001-03002-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Plaintiff was convicted of especially aggravated robbery and attempted felony murder. The trial court sentenced Plaintiff to two consecutive sentences of sixty years for each count. In an opinion filed on March 22, 1999, the Tennessee Supreme Court reversed Plaintiff's conviction for attempted felony murder, concluding that the offense did not exist in Tennessee. On March 28, 2001, Plaintiff sued the State of Tennessee in the Division of Claims Administration. The State filed a motion to dismiss Plaintiff's action, which the Claims Commission granted. Plaintiff appeals the decision of the Claims Commission. We affirm.

Larry Littles vs. Donal Campbell
W2002-00265-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Martha B. Brasfield
Petitioner, an inmate of the Tennessee Department of Correction, filed a petition for writ of certiorari, seeking judicial review of a disciplinary hearing at which the disciplinary board found him guilty of Conspiracy to Violate State Law and sentenced him to punitive segregation. The trial court granted respondents' motion to dismiss for, inter alia, failure to state a claim. We affirm.

W2002-00301-COA-R3-CV
W2002-00301-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Martha B. Brasfield

Ben Houston v. Michele Houston
M2001-02538-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Muriel Robinson
In this post-divorce proceeding, the appellant, Ben Thomas Houston (hereinafter "Father"), filed a petition for modification of child support. The trial court increased Father's child support obligation and awarded the appellee, Michelle Houston (hereinafter "Mother"), attorney's fees. Father appeals. We affirm.

Melody Knowles v. Jack Knowles
M2001-01282-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Russell Heldman
Wife sued for divorce on grounds of inappropriate marital conduct and adultery. The trial court granted Wife an absolute divorce, awarded her alimony in futuro and attorney fees, and ordered Husband to pay Wife's health insurance costs. Husband appeals. We reverse in part and affirm in part.

Nakia Rumph v. State of Tennessee
W2001-02066-CCA-R3-PC
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge Clayburn L. Peeples

The Appellant, Nakia Rumph, appeals from the dismissal of his petition for post-conviction relief. In 2000, Rumph pled guilty to two counts of aggravated sexual battery and was sentenced to eight years imprisonment on each count. On appeal, Rumph challenges the validity of his guilty plea upon grounds of: (1) voluntariness and (2) ineffective assistance of counsel. After review, we affirm the judgment of the Madison County Circuit Court dismissing the petition.

State of Tennessee v. Elwood Jeffrey Barrigher
W2001-02238-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge William B. Acree

The Appellant, Elwood Jeffrey Barrigher, appeals the judgment of the Obion County Circuit Court revoking his placement in the Community Corrections program and reinstating his original nine-year sentence in the Department of Correction. Prior to his revocation, Barrigher was serving a nine-year Community Corrections sentence, which stemmed from his 1999 class B felony conviction for delivery of a Schedule II controlled substance. Finding no abuse of discretion, we affirm the revocation.

State of Tennessee v. Johnny Moffitt
W2001-00781-CCA-R3-CD
Authoring Judge: Presiding Judge Gary R Wade
Trial Court Judge: Judge Roy Morgan

The defendant, Johnny Moffitt, entered a plea of guilt to second degree murder. The trial court imposed a Range I sentence of 10 years. By agreement, the defendant reserved a certified question of law. See Tenn. R. Crim. P. 37. The issue presented in this appeal is whether the trial court should have dismissed the charge due to the loss or destruction of evidence. The judgment is affirmed.

Sherry Hall v. Mark Hall
M2000-01788-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Royce Taylor
This is a divorce case. The wife was awarded more than half of the martial assets and alimony in futuro in amounts that would step down after three years and end when the wife reaches retirement age. In addition, the trial court awarded the wife, in lieu of attorney's fees, ownership in a life insurance policy on the husband's life. The husband now appeals the trial court's division of marital property, the award of alimony in futuro, and the award relating to attorney's fees. We affirm the trial court's division of marital property and the award relating to attorney's fees, but we reverse the trial court's award of alimony in futuro and instead award rehabilitative alimony.

2001-02062-COA-R3-CV
2001-02062-COA-R3-CV
Trial Court Judge: Billy Joe White

State of Tennessee v. Bradley R. Fulcher
M2001-01864-CCA-R3-CD
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge Timothy L. Easter
The defendant, Bradley R. Fulcher, appeals the Williamson County Circuit Court’s denial of alternative sentencing for his convictions for aggravated burglary, a Class C felony, and theft of property valued over one thousand dollars but less than ten thousand dollars, a Class D felony. We affirm the judgments of the trial court.

State of Tennessee v. Jacky E. Jones
E2001-00430-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge D. Kelly Thomas, Jr.

The appellant, Jacky E. Jones, was found guilty by a jury in the Blount County Circuit Court of one count of obtaining a controlled substance by fraud and was sentenced to three years incarceration in the Blount County Jail. The trial court later granted the appellant probation. Months into the service of his probationary sentence, the appellant stopped reporting to his probation officer. Subsequently, the trial court revoked the appellant's probation and sentenced him to serve his original sentence in confinement. On appeal, the appellant contends that the trial court erred in failing to sentence him to community corrections after revoking his probation. Upon review of the record and the parties' briefs, we affirm the judgment of the trial court.

Jack Parks ex rel. Michael Parks vs. Timothy Hopkins
E2001-00830-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Thomas J. Seeley, Jr.
Jack Parks, in his capacity as Conservator for his son, Michael Parks, sued Timothy Hopkins seeking compensatory and punitive damages based upon allegations essentially reciting that the defendant wrongfully converted funds belonging to the plaintiff's ward, who is apparently incompetent to handle his own affairs. At the conclusion of the plaintiff's proof at a bench trial, the defendant moved to dismiss the complaint pursuant to Tenn. R. Civ. P. 41.02. The trial court found that the complaint was filed outside the applicable statutes of limitations and that the plaintiff had not sustained his burden of proof "under any theory." A judgment was entered dismissing the complaint in its entirety. We affirm.

Alexis Johnson and wife vs. Jessie Malone
E2001-02106-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: W. Frank Brown, III
Plaintiffs alleged their neighbor's chicken houses constituted a nuisance and sought abatement. The Chancellor determined the operation was not a nuisance. On appeal, we affirm.

Rhea County vs. Town of Graysville
E2001-02313-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: Frank V. Williams, III
In this appeal we are called upon to determine whether the Trial Court erred in its finding that the Appellee Town of Graysville's validly annexed certain territory within the boundaries of Appellant Rhea County. We affirm the judgment of the Trial Court.

State of Tennessee v. Stephen Greene
E2000-02616-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge D. Kelly Thomas, Jr.

The defendant appeals his convictions of rape of a child and incest. We conclude that the State did not improperly bolster the victim's testimony on direct examination. In addition, the defendant was not denied his constitutional right to confront witnesses against him or to an impartial jury when the trial court denied his request to question a non-witness about an alleged statement made out-of-court. Furthermore, the State was not obligated to disclose the contents of a Department of Human Services file requested by the defendant under Brady v. Maryland or Rule 16 of the Tennessee Rules of Criminal Procedure. We must, however, reverse the defendant's conviction of incest and remand for a new trial on Count Two based upon the State's failure to make a proper election for the offense. We, therefore, affirm the rape of a child conviction, reverse the conviction of incest, and remand for a new trial.

Truan Meek vs. Earl Hall, dba Hall Realty & Auction
E2001-02474-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: W. Dale Young
Sessions Court entered default judgment against defendant. Defendant attempted to appeal to Circuit Court where that Court held appeal was not timely and Court had no jurisdiction. We vacate and remand.

E2001-02480-COA-R3-CV
E2001-02480-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: O. Duane Slone

Dept of Children's Srvcs vs R.M.M., Sr.
E2001-02678-COA-R3-JV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: Carey E. Garrett

Dept of Children's Srvcs vs R.M.M., Sr.
E2001-02678-COA-R3-JV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: Carey E. Garrett

Charles Montague vs. Ron Street
E2001-02805-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: Jean A. Stanley
Washington County -This is a suit by Charles Montague, an inmate of the Penal System of this State, who was convicted of first degree murder and is presently serving a life sentence. The Defendants are Ron Street, Chief of Police of the City of Johnson City and Washington County.