Howse vs. Johnson
M1998-00513-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Ellen Hobbs Lyle

Brake vs. Brake
M1997-00007-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Robert W. Wedemeyer

Rebound Care Corp. vs. Universal Constructors
M1999-00868-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Irvin H. Kilcrease, Jr.

State vs. Antonio Jackson
W1999-00712-CCA-R3-CD
Authoring Judge: Presiding Judge Joseph M. Tipton
Trial Court Judge: James C. Beasley, Jr.
The defendant appeals his convictions for facilitation of first degree murder and especially aggravated kidnapping. He raises issues regarding the sufficiency of the evidence relative to accomplice testimony, the competency of a witness, the exhibition of the victim's skull to the jury, and the failure to merge the convictions for due process and double jeopardy purposes. We affirm the trial court.

Lee Warehouse LP by Warehouses, Inc. vs. Jepco Construction
E1999-01944-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: W. Frank Brown, III

U. S. Fidelity & Guaranty vs. Waco Contractors, Inc.
E2000-00159-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: John B. Hagler, Jr.

Neil Price v. Toni Price
M1998-00840-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Judge Marietta M. Shipley

This case involves the dissolution of a seventeen-year long marriage. The parties have raised on appeal issues involving spousal support, child support, their partial marital dissolution agreement and attorney fees. Upon a review of the record and the relevant law, we find that the decision of the trial court should be reversed in part and affirmed in part.

State Auto Ins. Companies vs. Gordon Construction, Inc., et al
M1999-00785-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Ellen Hobbs Lyle
This is an insurance coverage case. A commercial general liability insurer filed suit for declaratory judgment to determine whether it had a duty to defend the insured, a construction company. The underlying lawsuit against the insured alleged breach of contract and breach of express and implied warranties in failing to perform work in a good and workmanlike manner. The trial court granted a motion for summary judgment to the insurer, finding that the insurance policy did not require it to defend against the suit. The insured appeals, and we affirm, finding that there was no "occurrence" under the terms of the insurance policy.

Dept. of Transportation vs. Sunset Marine and Resort
M1999-00880-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: John J. Maddux
This appeal arises out of what can loosely be defined as a condemnation case. The State of Tennessee, acting through the Department of Transportation, received an easement from the Corps of Engineers for the purpose of building a bridge across Dale Hollow Lake in Pickett County, Tennessee. The bridge was to be built across land owned by the United States and operated by the Defendants as a resort and marina under a lease for commercial purposes. The State filed a Petition for Condemnation against the leaseholder in the Pickett County Circuit Court seeking to take the land under its power of eminent domain. The trial court determined that the State could not take the land based on the Supremacy Clause of the United States Constitution. However, the State had already begun work on the project, and, ultimately, the bridge was completed. The court held a trial to determine the damages which the leaseholder had suffered as a result of the bridge being placed across the leasehold. The trial court granted a partial directed verdict and awarded the leaseholder $287,115. The trial court also awarded the leaseholder $100,000 as attorneys' fees in lieu of injunctive relief. The State appeals from the partial directed verdict and the award of attorneys' fees.

State vs. John Bradley Lowery
E1998-00034-CCA-R3-CD
Authoring Judge: Judge Jerry Smith
Trial Court Judge: Ray L. Jenkins

State of Tennessee v. Lamont Lee Harper
M1999-00451-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge Jane W. Wheatcraft

The defendant was convicted by a Sumner County jury of aggravated assault and attempted first degree murder. The defendant alleges on appeal that: 1) the evidence was insufficient to establish guilt of aggravated assault; 2) the trial court erred in allowing victim Kevin Wynn to testify that he had previously seen the defendant with a gun; and 3) the trial court erred by failing to declare a mistrial after testimony that the drug task force kicked in the defendant’s door on a prior occasion, and after testimony that the defendant had previously been arrested. We affirm the judgment of the trial court.

State of Tennessee v. AAA Aaron's Action Agency Bail Bonds, Inc.
M1999-01915-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley

The appellant bail bond company appeals the en banc order of the Criminal Courts of Davidson County which refused to reinstate its authority to write bail bonds. We conclude the appellant was not given proper notice of grounds relied upon for the refusal to reinstate its authority to write bonds, and the Criminal Courts of Davidson County erroneously refused to reinstate appellant's authority to write bail bonds based upon its alleged failure to notify a defendant of an arraignment date. Accordingly, the judgment refusing to reinstate appellant's ability to write bail bonds is reversed.

Dan Alexander vs. Jay Armentrout, Jr. and Patricia Ruth Armentrout
E1998-00136-SC-R11-CV
Authoring Judge: Justice Frank F. Drowota, III
Trial Court Judge: Judge Lewis W. May

This appeal arises from a dispute between brothers-in-law over the sale of a partnership interest in a family dairy business. After reaching an oral  agreement regarding the price of the interest to be sold, the buyer tendered $50,000 of the purchase price to the seller and later  presented a promissory note evidencing an obligation for the $61,000 balance of the sale. The seller’s home subsequently burned and the note was destroyed.  A dispute arose between the parties as to the validity of the note and the existence of an agreement. The seller  contends that the note handed to him by the buyer does not contain the true terms of the contract. He argues that his agreement was with the buyers and not with the buyer's corporation. The buyer contends that his corporation is liable on the note and not him personally. A jury found that the note was not accepted by the seller and rendered judgment against the buyer and his wife, rather than against the corporation. In reviewing the trial court’s denial of the buyer’s motion for a directed verdict, the Court of Appeals reversed the jury’s findings and held that the seller accepted the promissory note and was estopped from denying his acceptance. Accordingly, the intermediate court reversed the judgment against the buyer and his wife, finding them not to be personally liable on the promissory note. After a close review of the record, we have concluded that while the Court of Appeals correctly  reversed the judgment against the buyer’s wife, it erred by reversing the jury’s verdict with respect to the buyer personally. We therefore reinstate the jury’s verdict and judgment against the buyer.

Gary Carr v. State of Tennessee
W1999-01242-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge Bernie Weinman

Petitioner appeals as of right from the dismissal of his post-conviction petition. On appeal Petitioner challenges only the post-conviction court’s determination that his trial counsel was effective when Petitioner entered into a guilty plea. After a de novo review, we conclude that petitioner has not established either prong of the Strickland test, and we affirm the trial court’s dismissal of the petition.

State of Tennessee vs. Jimmie C. Spratt
W1999-00611-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge W. Fred Axley

Defendant Jimmie C. Spratt was convicted of aggravated rape by a jury in the Shelby County Criminal Court. Defendant was subsequently sentenced to a term of twenty-five years in the Tennessee Department of Correction. Defendant challenges his conviction and his sentence, raising the following issues: (1) whether the trial court erred when it ruled that he improperly struck potential jurors based on the jurors’ race; (2) whether the trial court should have dismissed the charges against him because there was an unnecessarily long delay between his arrest and his appearance before a magistrate; (3) whether the trial court erred when it refused to suppress a pretrial statement that he gave to police; (4) whether the trial court erred when it refused to suppress evidence that he had been identified by the victim during a physical lineup; (5) whether the trial court erred when it admitted an out of court statement by the victim into evidence; (6) whether the trial court erred when it admitted evidence about the results of a DNA probability test; (7) whether the trial court erred when it allowed the State to call a rebuttal witness; (8) whether the evidence was sufficient to support his conviction; (9) whether the trial court erred when it failed to instruct the jury on the potential range of punishment; and (10) whether the trial court imposed an excessive sentence. After a review of the record, we reverse the judgment of the trial court and we remand this matter for a new trial.

State of Tennessee v. James Nathan Wilkerson
W1999-00978-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge C. Creed McGinley

The defendant pled guilty in Hardin County Circuit Court to a three count indictment for theft of property, possession of a prohibited weapon, and possession of a controlled substance. The defendant received an effective sentence of four years in the Tennessee Department of Corrections.  After seven months in Wayne County Boot Camp, he was placed on probation. A probation violation warrant was issued charging that the defendant had failed to make payments; failed to appear in court; left the state without permission; and been arrested on a new charge. Following a hearing, the probation was revoked, and the defendant timely appealed. Based upon our review, we affirm the judgment of the trial court.

State of Tennessee vs. Charles Chesteen - Concur
E1999-00910-CCA-R3-CD
Authoring Judge: Judge Tipton
Trial Court Judge: Judge Kindall T. Lawson

I concur in the results reached and most of the reasoning used in the majority opinion. However, I respectfully disagree with its conclusion that the minor victims were particularly vulnerable because of their age as contemplated by Tenn. Code Ann. § 40-35-114(4). In my opinion, the fact that the defendant, as clerk and master, had control over the minors’ funds because they were minors rendered them no more vulnerable than any other litigant or party whose funds had been paid into court or otherwise put within the control of the clerk and master. I would not apply enhancement factor (4) to the offense of embezzlement in an official capacity.

State of Tennessee vs. Charles Chesteen
E1999-00910-CCA-R3-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Judge Kindall T. Lawson

The defendant, Charles Chesteen, served as the Clerk and Master of the Cocke County  Chancery Court from 1984 to 1996. In 1997, he was charged with theft relating to his service in the capacity as conservator of funds of two elderly ladies and with unlawful conversion related to funds misappropriated by him in his official capacity. He pleaded guilty, with the sentencing determination to be made by the trial court. The court imposed an effective six-year incarcerative sentence along with restitution of $101,821.73. Upon review, we hold that the trial court erred in some of its sentencing determinations. We affirm in part, modify in part, reverse in part, and remand to the trial court for further determination regarding aspects of the sentencing issues.

Rudy Page, Roger Page, and Donald Hanafee, v. Robert Lynn Fuchs and wife, Brenda Ann Fuchs
W1999-00702-COA-R3-CV
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Chancellor George R. Ellis

This appeal involves a dispute over the existence of an easement over Defendants Fuchs’ land. Plaintiffs Page and Hanafee brought suit seeking an easement by necessity or a prescriptive easement, as well as damages for Defendants’ alleged inducement of breach of contract. The court below found that Plaintiffs had a prescriptive easement across Defendants’ property, but did not find Defendants liable for damages. Defendants appeal.
 

Sue Zius v. Susan Shelton, Christian Millman, John Doe and The Bradley County Weekly, Inc., A/K/A Bradley Weekly, Inc., and The Bradley News Weekly
E1999-01157-COA-R9-CV
Authoring Judge: Judge Herschel Pickens Franks
Trial Court Judge: Judge John B. Hagler, Jr.

Defendants moved to dismiss plaintiff’s defamation case for failure to state a cause of action. The Trial Judge overruled the motion and on interlocutory appeal, we affirm.

Nancy Elizabeth Taylor v. Mt. Juliet Health Care
M1999-00045-SC-WCM-CV
Authoring Judge: Per Curiam
This case is before the Court upon motion for review pursuant to Tenn. Code Ann._ 50-6-225(e)(5)(B), the entire record, including the order of referral to the Special Workers' Compensation Appeals Panel, and the Panel's Memorandum Opinion setting forth its findings of fact and conclusions of law, which are incorporated herein by reference;

Miley R. Strong v. Royal Insurance Co.
M1999-00411-WC-R3-CV
Authoring Judge: Weatherford, Sr. J.
This case is before the Court upon the entire record, including the order of referral to the Special Workers' Compensation Appeals Panel, and the Panel's Memorandum Opinion setting forth its findings of fact and conclusions of law, which are incorporated herein by reference.

Rebecca Day v. Travelers Insurance Company
03501-9808-CH-00096
Authoring Judge: Robert E. Corlew, III, Special Judge
Trial Court Judge: Hon. Frank V. Williams
This worker's compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with the provisions of Tennessee Code Annotated _50-6-225 (e) (3) (1998 Supp.) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The Trial Court, after considering all of the evidence, found the worker to lack credibility, and determined that she was not entitled to recover under the workers' compensation law, and after consideration of the entire record, we affirm the Trial Court's decision.

Rachel Jeanette Mccormick v. Yasuda Fire & Marine
M1998-00162-WC-R3-CV
Authoring Judge: Gayden, J.
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel in accordance with the Tenn. Code Ann. Section 5-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The Appellant, Calsonic Yorozu Corporation (hereinafter "CYC") raises seven issues arguing that the trial court erred by (1) failing to find Plaintiff's claim was barred by Plaintiff's voluntary intoxication and willful disregard of safety procedures, (2) holding that part of Plaintiff's disability was due to bilateral carpal tunnel syndrome, (3) not applying the "concurrent injury rule", (4) holding Plaintiff gave adequate notice of her bilateral carpal syndrome to Defendants, (5) awarding compensation for unauthorized medical treatment, (6) improperly ordering a lump sum award, and (7) entering its judgment contrary to the Rules of Civil Procedure. Tenn. Code Ann. _ 5-6-225(e) (1999) Appeal as of Right; Judgment of the General Sessions Court Affirmed GAYDEN, J., in which BIRCH, J., and WEATHERFORD, SP. J., joined. Bruce Timothy Pirtle, McMinnville, Tennessee, for the appellants, Yasuda Fire & Marine Insurance Company and Calsonic Aeries Corporation, Inc. Frank D. Farrar and William J. Butler, Lafayette, Tennessee, for the appellee, Rachel Jeanette McCormick. MEMORANDUM OPINION On August 19, 1996, Plaintiff filed a complaint for workers' compensation. In the complaint -2-

State of Tennessee v. Jeffrey A. Burns
M1999-00873-CCA-R3-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Judge Timothy L. Easter

The defendant appeals from his Class C felony conviction of possession of a controlled substance in an amount less than .5 grams. Tenn. Code Ann. § 39-17-417 (Supp. 1998).  After entering a best interest guilty plea, the defendant was sentenced to five years in the Department of Correction as a Range I standard offender and fined $2000. In this appeal, the defendant challenges the sentence imposed. We affirm the judgment of the trial court.