State of Tennessee v. Hollie D. Campbell
E2000-00373-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Lynn W. Brown

On appeal, the issue is whether a defendant, who pled guilty pursuant to a plea agreement that allowed for a request for judicial diversion, may be sentenced by the trial court to additional time over and above the negotiated plea agreement in the event the Defendant violates the terms and conditions of judicial diversion. We hold the answer to be yes. Further, after a careful review we conclude that the trial court properly sentenced the Defendant. The Defendant’s sentence is affirmed.

State of Tennessee v. Hollie D. Campbell - Concurring
E2000-00373-CCA-R3-CD
Authoring Judge: Judge James Curwood Witt, Jr.

Respectfully, I must concur only in the results of the majority’s holding that the trial court was authorized to impose two-year sentences upon revocation of the judicial diversion probation, even though the parties’ plea agreement specified one-year sentences.

Vadalene Brewer v. Michael Dunn Center et al.
E2000-01298-WC-R3-CV
Authoring Judge: Judge John K. Byers
Trial Court Judge: Judge Frank V. Williams, III

This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated § 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The trial court found the plaintiff had sustained an injury to her left shoulder in the course and scope of her employment that resulted in 54 percent permanent partial disability. We affirm the judgment of the trial court.

State of Tennessee v. William Greer
M2001-00244-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge L. Craig Johnson

The Appellant, William Greer, was indicted on one count of theft of property under $500, one count of fraudulent use of a debit card, and one count of misdemeanor assault. Prior to trial, the assault charge was severed. A Coffee County jury found the Appellant guilty of one count of fraudulent use of a debit card, a class A misdemeanor. The Appellant was sentenced to ninety (90) days in the Coffee County jail. Greer appeals his conviction contending that (1) the evidence is insufficient to support his conviction and (2) the unsolicited comments of the victim relating to the Appellant's severed charge of assault resulted in reversible error. After review of the record and the applicable law, we affirm the judgment of the trial court.

Ronald Paul v. State of Tennessee
M2000-1653-CCA-R3-PC
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge John H. Gasaway, III

The Appellant, Ronald Paul, appeals the dismissal of his pro se petition for post-conviction relief by the Robertson County Circuit Court. Paul, a correctional inmate, timely delivered his petition to the proper prison authorities; however, he inadvertently addressed the envelope containing his petition to the wrong city. The petition was returned to Paul, who, on the same day, corrected his mistake and re-delivered to prison authorities for mailing. These events occurred one day after the one year period for filing had expired. On appeal, Paul argues that the trial court erred in finding his post-conviction petition timed-barred. After review, we hold that Paul's petition was deemed "filed" for purposes of Supreme Court Rule 28 when it was first delivered to prison authorities and, as such, was timely.

State of Tennessee v. Antonio Dwayne Johnson - Order
M2000-01505-CCA-R3-CD
Authoring Judge: Judge David G. Hayes

The Appellant, Antonio Dwayne Johnson, appeals, pro se, the sentencing decision of the Montgomery County Circuit Court revoking his Community Corrections sentence and ordering service of the sentence in the Department of Correction. On March 12, 1998, the Appellant entered an "open" guilty plea to the charge of aggravated robbery by use of a deadly weapon, a class B felony. The trial court subsequently ordered that the Appellant serve his eight year sentence in the Community Corrections program. On March 24, 1999, a violation warrant issued. On appeal, the Appellant argues that the trial court abused its discretion in revoking the Appellant's non-incarcerative status and placing him in the custody of the Department of Correction. We affirm the judgment of the trial court pursuant to Rule 20, Tenn. Ct. Crim. App. R.

State of Tennessee v. Aaron James - Concurring
M2000-00495-CCA-R3-CD
Authoring Judge: Judge James Curwood Witt, Jr.

For purposes of affording guidance to litigants and trial judges who, in the future, may find themselves situated similarly to the parties and the trial court in the present case, I believe this court should have analyzed the prior-crime issue by dichotomizing it into separate parts, namely, (1) the litany of prior crimes set forth within the escape count of the indictment and (2) the state-sponsored testimony about these prior crimes. I believe that both of these different sources of information merit different judicial responses. In an appropriate case, the form of the response to the indictment language may well dictate the response to the testimony.

State of Tennessee v. Aaron James
M2000-00495-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge J. Randall Wyatt, Jr.

The Appellant, an inmate at Riverbend Maximum Security Institution in Nashville, was convicted by a jury of attempted felony escape, aggravated robbery and especially aggravated kidnapping stemming from a failed prison escape. The Appellant was incarcerated at the Riverbend facility as a result of his prior convictions for especially aggravated robbery, especially aggravated kidnapping and second degree murder. The Appellant challenges on appeal his convictions for aggravated robbery and especially aggravated kidnapping, arguing (1) sufficiency of the convicting evidence, (2) systematic removal of African-Americans from the petit jury in violation of Batson v. Kentucky, and (3) the prejudicial admission into evidence of the Appellant's prior convictions for especially aggravated robbery, especially aggravated kidnapping, and second degree murder. The State argues that proof of the Appellant's prior convictions was an essential element of the felony escape charge and, therefore, admissible. After review, we find reversible error in the admission in the instant case of the Appellant's prior convictions for especially aggravated robbery, especially aggravated kidnapping and second degree murder. As such, the judgments of convictions are reversed and remanded for a new trial.

In Re: Adoption of J.R.W.
E2000-01335-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: John B. Hagler, Jr.
R.J.W. ("the Wife of the Adopter") instituted this action against her sister-in-law, K.D.W., seeking to set aside the adoption of K.D.W.'s natural son, J.R.W., by the plaintiff's late husband, M.W. ("the Adopter"), some eleven years earlier. The trial court dismissed the petition. We affirm.

Donnie Walton v. Credit General Insurance Company
W1999-01769-SC-WCM-CV
Authoring Judge: Don R. Ash, Sp. J.
Trial Court Judge: Martha Brasfield, Chancellor
The trial court found the Plaintiff, Donnie Walton ("Walton"), suffered a permanent partial impairment of fifty percent to the body as a whole. The Defendant, Credit General Insurance Company ("General Credit"), stated the evidence does not support the finding. We affirm and modify the judgment of the trial court.

State of Tennessee v. Thomas J. Tackett
M1999-02541-CCA-R3-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Judge Charles D. Haston, Sr.

Thomas J. Tackett appeals from his Warren County especially aggravated robbery conviction, for which he received a 25-year incarcerative sentence. He urges us to find error based upon insufficiency of the convicting evidence, admission of certain evidence at trial, jury instructions not given, and sentencing. Although there is no merit in the issues advanced by the defendant, we notice as plain error that the defendant's conviction is for a greater crime than that which is charged in the indictment. We therefore modify his especially aggravated robbery conviction to aggravated robbery and remand for sentencing for that crime.

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State of Tennessee v. Christopher Michael Vigil
E1999-02740-CCA-R3-CD
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge Lynn W. Brown

The defendant appeals two convictions for stalking, contesting the sufficiency of the evidence and the admissibility of photographs. We affirm one of the defendant's convictions for stalking, but we vacate the judgment of conviction for the other because the evidence reflects the existence of only one stalking offense.

William Singleton v. State of Tennessee
E2000-02820-CCA-R3-PC
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge Bobby H. Capers

On December 16, 1993, William Singleton, the Defendant and Appellant, was convicted by a Claiborne County jury of first-degree murder. This Court affirmed the Defendant’s conviction following direct appeal. Subsequently, the Defendant filed a petition for post-conviction relief alleging, inter alia that he was denied the effective assistance of counsel at trial. Following a hearing, the trial court dismissed the petition. The Defendant appeals here, arguing that the trial court erroneously dismissed the petition. After a review of the record, we affirm the judgment of the trial court.

State of Tennessee v. William Makransky
E2000-00048-CCA-R3-CD
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge Carroll L. Ross

The defendant, William Makransky, appeals his convictions for aggravated sexual battery, sexual battery, and two counts of contributing to the delinquency of a minor. He contends that he received the ineffective assistance of counsel at trial and that the trial court applied the incorrect standard for the prejudice prong in denying him relief on this issue in his motion for a new trial. Although we determine that the trial court did apply the incorrect standard for prejudice, our de novo review reveals that the defendant's trial attorney was not ineffective. Because of an error in the judgments, the sentences for contributing to the delinquency of a minor are modified.

Bobby Gates v. Jackson Appliance Company
W1999-00743-SC-WCM-CV
Authoring Judge: W. Michael William Michael Maloan, Special Judge
Trial Court Judge: Hon. Joe C. Morris, Chancellor
The defendant, Jackson Appliance Company, appeals the judgment of the Chancery Court of Madison County awarding plaintiff, Bobby Gates, twenty-five (25) percent permanent partial disability to the body as a whole. For the reasons stated in this opinion, We affirm the judgment of the trial court.

Dr. Nord's Mouth As Was Successfully Done Bycounsel In Kerr v. Magic Chef, 793 S.W.2D 927, 928-
W1999-00743-SC-WCM-CV
Authoring Judge: Henry D. Bell, Special Judge
Trial Court Judge: Hon. Joe C. Morris, Chancellor
The defendant, Jackson Appliance Company, appeals the judgment of the Chancery Court of Madison County awarding plaintiff, Bobby Gates, twenty-five (25) percent permanent partial disability to the body as a whole. For the reasons stated in this opinion, We affirm the judgment of the trial court.

John Sands v. Murray Outdoor Products, Inc.
W2000-00468-SC-WCM-CV
Authoring Judge: L. Terry Lafferty, Senior Judge
Trial Court Judge: Julian P. Guinn, Judge
This workers' compensation appeal has been referred to the Special Worker's Compensation Panel of the Supreme Court inaccordance with Tennessee Code Annotated _ 5-6-225(e) for a hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The plaintiff has appealed contending that the trial court erred in granting the defendant a motion to dismiss his complaint pursuant to Rule 41, Tennessee Rules of Civil Procedure, for a work-related injury occurring on October 6, 1998. After a review of the entire record, briefs of the parties and applicable law, judgment of the trial court is reversed and remanded. Tenn. Code Ann. _ 5-6-225(e) (1999) Appeal as of Right; Judgment of the Circuit Court is Reversed and Remanded. L. TERRY LAFFERTY, SR. J., in which JANICE M. HOLDER, J., and JOE C. LOSER, JR., SP. J., joined. Ricky L. Boren, Jackson, Tennessee, for the appellant, John Sands. J. Arthur Crews, II and Michael A. Carter, for the appellee, Murray Outdoor Products, Inc. MEMORANDUM OPINION The plaintiff, age forty (4), testified that on April 29, 1997, while pulling a load of engines, he twisted his back and it popped. The plaintiff reported his injury and he was treated by Dr. John Holancin, but Workers' Compensation sent the plaintiff to see Dr. David Johnson who ran an MRI. The plaintiff lost no work and was on light duty for six (6) weeks. Between his return to work and October 1998, the plaintiff's back would lock up and his legs would tingle from prolonged standing about three to four times a month. The plaintiff stated that on October 6, 1998, he was picking up a unit off the floor to set it on the line, when his back went out and he hit the floor in pain. The plaintiff saw Dr. Holancin, who ordered a CT scan. At the request of the defendant, the plaintiff was referred to Dr. John Brophy. The plaintiff stated that he was restricted in his ability to do any lifting or bending while on light duty. The plaintiff testified that he saw Dr. Robert Barnett and that Dr. Barnett's nurse took down his history. When asked if he told the nurse about the October 1998 injury, the plaintiff stated, "I believe I did." In several parts of his testimony, the plaintiff is sure that he told the nurse about his October injury and cannot explain why such event is not recorded in her intake notes. The plaintiff admitted that while talking to Dr. Barnett he did not tell Dr. Barnett about the October injury. In his deposition, Dr. John D. Brophy, a neurosurgeon, testified that he first saw the plaintiff on January 6, 1999. Dr. Brophy obtained the plaintiff's historyin which the plaintiff injured his back in April 1997, while pulling a load of engines at work. An MRI was within normal limits. After conservative treatment, the plaintiff described approximately a twenty percent (2%) improvement from his injury. In October 1998, the plaintiff re-injured his back from lifting a lawn mower. Dr. Brophy reviewed the films of a CAT scan which revealed a bulging disc at L-5 S- 1. Dr. Brophy would not call this bulge a "ruptured disc." It was Dr. Brophy's opinion that the clinical exam of the plaintiff was a myofascial pain syndrome, with no evidence of radiculopathy. Dr. Brophy permitted the plaintiff to return to work full time without any restrictions on January 18, 1999. Dr. Brophy recommended to the plaintiff that he commence a physical exercise program, which consisted of walking and other activities. Dr. Brophy saw the plaintiff on March 17, 1999, with a complaint of no improvement in his pain syndrome. Dr. Brophy recommended that he continue his walking exercises. An evaluation of AP and lateral spine thoracic films demonstrated multi-level spondylosis. On October 6, 1999, the plaintiff returned with a complaint of continuing pain to his back and leg. Dr. Brophy's physical overall exam found the plaintiff's strength, gait, sensory, and symmetric reflexes normal. As of October 6, 1999, Dr. Brophy opined that the plaintiff had a zero permanent partial impairment rating, with no permanent restrictions. When asked about the differences in the MRI of 1997 and the CAT scan of 1998, the question was: Q. Doctor, certainly a lifting incident is capable of causing a bulging disc, is that correct? A. Yes. Q. And - - A. - - And the most common hist ory I get is I just woke up with it, Doctor, I don't understand. Q. But that's not the history you got in this case? A. No. -2-

State of Tennessee v. William Cash Pate
M2000-02442-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge Donald P. Harris & Judge Cornelia Clark

The Defendant, William Cash Pate, was convicted by a jury of second offense driving under the influence (DUI). In this appeal as of right, he argues that the trial court erred by failing to suppress the evidence obtained against him because that evidence was the fruit of his unlawful seizure at a roadblock. We agree. Accordingly, we reverse the Defendant's conviction and the trial court's order denying the Defendant's motion to suppress.

Leon Terrell Phillips v. State of Tennessee
M2000-02383-CCA-R3-PC
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge William Charles Lee

The petitioner appeals the dismissal of his petition for post-conviction relief from his 1999 guilty plea to and resulting conviction for the attempt to commit first degree murder. He contends that his plea resulted from the ineffective assistance of counsel in that he was not advised that a jury could consider lesser included offenses to the offense charged in the indictment. He also contends that the trial court based the dismissal of his case upon an improper standard. We reverse the judgment of the trial court and remand the case for further proceedings.

State of Tennessee v. Marty Scott Slatten
M2000-01155-CCA-R3-CD
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge Lillie Ann Sells

The defendant was convicted by a jury of theft of a vehicle worth more than $10,000, a Class C felony, for which he received a fifteen-year sentence as a career offender. He contends that the evidence is insufficient to convict him of theft and that the trial court erred in allowing evidence of his attempt to steal gasoline that led to his arrest. We affirm the trial court.

State of Tennessee v. Orlando Crayton
W2000-00213-CCA-R3-CD
Authoring Judge: Presiding Judge Gary R Wade
Trial Court Judge: Judge Donald H. Allen

The defendant, Orlando Crayton, was convicted of aggravated assault, reckless endangerment, unlawful carrying or possession of a weapon, and two counts of vandalism under $500.00. The trial court sentenced the defendant to 11 months, 29 days for each vandalism count, six years for aggravated assault, two years for reckless endangerment and 11 months, 29 days for unlawful possession of a weapon. Because the sentences were ordered to be served concurrently, the effective sentence is six years. In this appeal of right, the defendant challenges (1) the admissibility of evidence indicating the defendant's gang affiliation; (2) the admission of an estimate regarding the damage to a vehicle; and (3) the admission of a hearsay statement. The judgment is affirmed.

State of Tennessee v. Jessie Nelson Hodges
W2000-00742-CCA-R3-CD
Authoring Judge: Judge L. Terry Lafferty
Trial Court Judge: Judge Jon Kerry Blackwood

After a jury trial, Defendant was convicted of theft of property less than $500. He was subsequently sentenced to eleven (11) months and twenty-nine (29) days in the Lauderdale County jail. In this pro se appeal, Defendant argues that the State failed to provide him with discoverable material or information under Rule 16 of Tenn. R. Crim. P. After a review of the record, briefs of the parties and applicable law, we conclude that the State complied with the mandates of Rule 16. Thus, we affirm the judgment of the trial court.