State vs. Douglas Rains
02C01-9808-CC-00249

State vs. Charles Smith
02C01-9805-CR-00128

02A01-9802-CH-00035
02A01-9802-CH-00035
Trial Court Judge: William M. Maloan

William Hall vs. Don Shaw
02A01-9810-CH-00288
Trial Court Judge: D. J. Alissandratos

Wanda Barker vs. James Barker
02A01-9808-CH-00222
Trial Court Judge: William Michael Maloan

Wiley Hutcherson vs. Rozell Carter
02A01-9807-CH-00216
Trial Court Judge: Wil V. Doran

Sullivan vs. Baptist Memorial Hospital
02S01-9804-CV-00032

State vs. Christie Thomas
02C01-9810-CR-00303
Trial Court Judge: Chris B. Craft

State vs. Delfro Willis
02C01-9810-CC-00336

GRE Insurance Group vs. Reed
01A01-9806-CH-00300
Trial Court Judge: John W. Rollins

Graham, et al vs. Edmondson
01a01-9809-CH-00482
Trial Court Judge: Cornelia A. Clark

Morefield vs. O'Brien Heating/Cooling
01A01-9807-CH-00385
Trial Court Judge: Irvin H. Kilcrease, Jr.

Long vs. Tri-Con Industries
01S01-9708-CV-00176

State vs. Christopher D. Smith
03C01-9807-CR-00270
Trial Court Judge: Ray L. Jenkins

State of Tennessee vs. Anand Franklin
01C01-9807-CR-00282
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge Thomas H. Shriver

The appellant, Anand Franklin, was convicted by a Davidson County jury of one (1) count of aggravated sexual battery, a Class B felony. The trial court sentenced him as a Range I offender to eight (8) years incarceration. On appeal, the appellant claims that the evidence presented at trial was insufficient to establish guilt beyond a reasonable doubt. After a thorough review of the
record before this Court, we affirm the trial court’s judgment.
 

State of Tennessee vs. David Eugene Smith, Jr.
01C01-9805-CR-00224
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge Seth W. Norman

The appellant, David E. Smith, Jr., appeals the verdict of a Davidson County jury finding him guilty of one count of theft of property over $1,000, a class D felony. For this offense, the appellant received a two year suspended sentence. On appeal, the appellant challenges the sufficiency of the convicting evidence and contends that the trial court erred by denying his request for judicial diversion.

State of Tennessee vs. James Richard Watson
03C01-9809-CR-00325
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge R. Steven Bebb

The defendant, James Richard Watson, appeals from his sentence imposed for aggravated assault, a Class C felony, in the McMinn County Criminal Court. See Tenn. Code Ann. § 39-13-102(a)(1)(B) (1997). The trial court imposed a five year sentence in the Tennessee Department of Correction. In this direct appeal, the defendant challenges the length of the sentence imposed and the manner of service. After a review of the record, the briefs of the parties, and the applicable law, we affirm the sentence.

State of Tennessee v. Louis Lavergne
01C01-9803-CR-00128
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge J. Randall Wyatt, Jr.

The appellant, Louis Lavergne, pled guilty to the offense of voluntary manslaughter in the Davidson County Criminal Court.1 Pursuant to the plea agreement, both the length of the sentence and the manner of service were submitted to the trial court for determination. The trial court subsequently imposed a four year sentence to be served in the Department of Correction. In this appeal, the appellant challenges both the length of the sentence and the trial court’s denial of a sentencing alternative to total confinement.  After a review of the record, the appellant’s four year sentence is affirmed, however, the manner of service is modified to reflect a split confinement sentence of six months confinement in the local jail or workhouse with the remainder of the four year sentence to be served on supervised probation.

State of Tennessee vs. Charles R. Smith
02C01-9810-CC-00308
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge Jon Kerry Blackwood

A Hardeman County jury convicted defendant of aggravated burglary, a Class C felony, and theft of property valued at $500, a Class A misdemeanor. The sole issue in this appeal as of right is sufficiency of the evidence. We find the evidence sufficient to support the convictions and AFFIRM the judgment of the trial court.

Jerry Nelms as next of kin and Executor of the Estate of Inez Nelms v. Walgreen Company
02A01-9805-CV-00137
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Judge John R. McCarroll, Jr.

Plaintiff Jerry Nelms, as next of kin and executor of the estate of his deceased wife,
Inez Nelms, appeals the trial court’s judgment awarding him the sum of $25,000 in compensatory damages but denying his request for punitive damages. We affirm the trial court’s judgment based upon our conclusion that the court properly directed a verdict in favor of Defendant/Appellee Walgreen Company on the Plaintiff’s claim for punitive damages.

State of Tennessee vs. Terry Wayne Hayman
02C01-9811-CC-00354
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge J. Steven Stafford

Defendant, Terry Wayne Haymon, appeals as of right his convictions by a Dyer County jury on three counts of aggravated robbery. Honorable J. Steven Stafford sentenced the defendant to concurrent terms of thirty years as a career offender. The following issues are presented for our review:

1. whether the evidence is sufficient to support the convictions;
2. whether the defendant was improperly denied his right to a preliminary hearing; and
3. whether the defendant was properly sentenced as a career offender.

After a careful review of the record, we AFFIRM the judgment of the trial court in all respects.

State of Tennessee vs. Lamar Fletcher
02C01-9902-CC-00046
Authoring Judge: Judge Joe G. Riley

This matter is before the Court upon motion of the state to affirm the judgment of the trial court by order rather than formal opinion. See Rule 20, Rules of the Court of Criminal Appeals. This case represents an appeal from the trial court’s dismissal of the petitioner’s petition for writ of habeas corpus. The petitioner is currently serving a life sentence, having been found to be an habitual criminal in 1985. In his present petition, the petitioner claims that his conviction is void because his trial attorney worked as a Public Defender and Assistant District Attorney at the same time.
The trial court found that the petitioner was not entitled to habeas corpus relief and dismissed the petition.

William K. Buchanan Jr., v. Kathy Young and Donnie Young - Concurring
03A01-9811-CV-00387
Authoring Judge: Judge William H. Inman
Trial Court Judge: Judge J. Curtis Smith

The plaintiff, a resident of Hawaii, contracted to buy D & K  Auto Salvage from the defendants in August 1994, for $450, 000.00.  He employed Tom Gargone to manage the business.

State of Tennessee v. Jerry Wayne Edison
03S01-9803-CC-00022
Authoring Judge: Justice Adolpho A. Birch
Trial Court Judge: Judge Ben W. Hooper, II

We granted this Tenn. R. App. P. 11 appeal to determine the appropriate standard of review of a trial court’s decision to admit a breath-alcohol test result under State v. Sensing, 843
S.W.2d 412 (Tenn. 1992). The Court of Criminal Appeals held that the trial court had not abused its discretion in admitting the test result of the defendant, Jerry Wayne Edison.1 We affirm the judgment of the intermediate appellate court and conclude that a trial court’s Sensing decision must be presumed correct on appeal unless the preponderance of the evidence is to the contrary.

State of Tennessee v. Donald Ray Middlebrooks
01S01-9802-CR-00017
Authoring Judge: Chief Justice E. Riley Anderson
Trial Court Judge: Judge Ann Lacy Johns

This case is before us for automatic review of the Court of Criminal Appeals’
affirmance of a death sentence imposed upon Donald Ray Middlebrooks in a
Davidson County resentencing hearing for first degree murder.