State of Tennessee v. Derrann William Estill
M2007-02782-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge J. Randall Wyatt, Jr.

A Davidson County Criminal Court jury convicted the appellant, Derrann William Estill, of aggravated kidnapping, and the appellant pled guilty to domestic assault. After a sentencing hearing, the trial court sentenced him to concurrent sentences of seventeen years and eleven months, twenty-nine days, respectively. On appeal, the appellant contends that (1) the trial court erred by failing to define “possession” adequately when the jury requested a definition during deliberations, (2) the evidence is insufficient to support the conviction for aggravated kidnapping, and (3) his sentence for aggravated kidnapping is excessive. Based upon the record and the parties’ briefs, we affirm the judgments of the trial court.

Richard Steven LaRue vs. Laura Michelle LaRue - Concurring
E2008-01492-COA-R3-CV
Authoring Judge: Judge D. Michael Swiney
Trial Court Judge: Chancellor Billy Joe White

Richard Steven LaRue vs. Laura Michelle LaRue
E2008-01492-COA-R3-CV
Authoring Judge: Judge Herschel Pickens Franks
Trial Court Judge: Chancellor Billy Joe White

In this divorce action the Trial Court awarded primary custody of the children to the mother, refused to allow overnight visitation with the father until the children were one year old, and ordered standard visitation with the father. The father appealed, insisting that the Trial Court erred in applying the “tender years doctrine” and also erred in awarding standard visitation of the children. On appeal, we affirm the Trial Court.

Jamie C. Runions v. Tennessee State University, et al
M2008-01574-COA-R3-CV
Authoring Judge: Judge Patricia J. Cottrell
Trial Court Judge: Judge Barbara Haynes

A woman enrolled in a nursing program at Tennessee State University received a grade of D in one of her courses and was dropped from the program. She appealed to the provost of the university, who led her to believe that she had been, or would be, reinstated. She learned that this was not so when she returned to class and the instructor physically escorted her from the classroom. She brought suit against the university and four of its employees, including the provost, asserting claims of battery, conspiracy to commit battery, and intentional infliction of emotional distress. The trial court dismissed her suit for failure to state a claim upon which relief can be granted. See Tenn. R. Civ. P. 12.02(6). We affirm.

State of Tennessee v. Tommy Dale Taylor, Sr.
W2008-01006-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Joseph H. Walker, III

The defendant, Tommy Dale Taylor, Sr., was convicted by a Tipton County jury of three counts of rape of a child, a Class A felony, for the rape of his granddaughter, who was seven years old when the abuse was discovered. He was subsequently sentenced by the trial court to eighteen years for each count with the sentences to be served concurrently, for an effective eighteen-year sentence at 100 percent in the Department of Correction. On appeal, he argues that the evidence was insufficient to sustain the convictions and that the trial court erred by excluding evidence of the victim’s alleged prior sexual abuse, admitting a photograph of the victim’s vaginal and anal areas, allowing the trial to continue too long in one day and the jury to deliberate into the late evening hours, and not properly instructing the jury on the election of offenses. Following our review, we affirm the judgments of the trial court.

Rebecca Cornelius v. State of Tennessee, Department Of Children's Services
W2008-02217-COA-R3-JV
Authoring Judge: Judge J. Steven Stafford
Trial Court Judge: Judge Roy Morgan, Jr.

This appeal arises from a dependency and neglect proceeding finding the minor child, B.C., dependent and neglected under Tennessee Code Annotated 37-1-102(b)(12), and specifically on the ground of severe child abuse on the part of the Appellant/Mother. The trial court sustained the petition to adjudicate dependency and neglect filed by the Appellee Department of Children's Services. We affirm.

Lee Hayes v. Gibson County, Tennessee
W2007-01849-SC-R11-CV
Authoring Judge: Justice Sharon G. Lee
Trial Court Judge: Judge Roy B. Morgan, Jr.

The issue presented in this declaratory judgment action brought by Lee Hayes, the Gibson County juvenile court clerk, is whether he should be compensated pursuant to Tennessee Code Annotated section 8-24-102, as amended in 2001, which sets the Gibson County juvenile court clerk’s salary at a minimum of $50,805 per year, or pursuant to a 2000 private act that sets the salary at $32,000 per year. Gibson County argues, and the Court of Appeals agreed, that the private act of 2000 creating the office of Gibson County Juvenile Court Clerk and establishing his salary at $32,000 per year, controls. Mr. Hayes argues that the General Assembly’s 2001 amendment to TennesseeCode Annotated section 8-24-102, establishing statewide salaries for county officers, including juvenile court clerks, supersedes the 2000 private act and that his annual salary should be $50,805 in accordance with Tennessee Code Annotated section 8-24-102, as amended. We hold that there is an irreconcilable conflict between the 2000 private act and the 2001 public act, and that the 2001 public act, a general statutory scheme of statewide application, supersedes and repeals by implication the earlier private act. Accordingly, the judgment of the Court of Appeals is reversed and the case remanded to the trial court.

In Re: Milburn Hogue and Melanie Hogue
08-02558-GP1-13
Authoring Judge: Justice Sharon G. Lee

The certified question from the United States Bankruptcy Court for the Middle District of Tennesse
that we address in this case is: what amount may each member of a married couple with custody of a minor child claim as a homestead exemption, pursuant to Tennessee Code Annotated section 26-2- 301(f), in a joint petition for bankruptcy? We hold that the statute allows each individual debtor spouse with custody of a minor child to claim a $25,000 exemption for a combined exemption of $50,000, based upon the plain and ordinary meaning of the statutory language. Tenn. Sup. Ct. R. 23 Certified Question of Law
 

Donald Lynn Miller v. State of Tennessee
E2008-00827-CCA-R3-PC
Authoring Judge: Presiding Judge Joseph M. Tipton
Trial Court Judge: Judge Kenneth F. Irvine, Jr.

The Petitioner, Donald Lynn Miller, appeals the denial of post-conviction relief in the Criminal Court for Knox County from his convictions for felony murder and especially aggravated robbery. The trial court imposed consecutive sentences of life and twenty-three years. On appeal, the Petitioner contends that the trial court erred in finding that he did not receive the ineffective assistance of counsel. We affirm the judgment of the trial court.

State of Tennessee v. Darrin Bonner
W2007-02409-CCA-R3-CD
Authoring Judge: Judge Camille R. McMullen
Trial Court Judge: Judge W. Otis Higgs, Jr.

The Defendant-Appellant, Darrin Bonner (“Bonner”), was convicted by a Shelby County Criminal Court jury of intentionally evading arrest in a motor vehicle, a Class D felony, and was later sentenced to six years in confinement. On appeal, Bonner argues that: (1) the evidence was insufficient to support his conviction; (2) the trial court erred in admitting hearsay testimony; and (3) the cumulative effect of the errors at trial deprived him of his federal and state constitutional rights. Following our review, the judgment of the trial court is affirmed.

State of Tennessee v. William Edwin Harris
M2008-01685-CCA-R3-CD-
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Thomas W. Graham

The Defendant, William Edwin Harris, pled guilty to two counts of aggravated statutory rape, a Class D felony, with an agreed sentence of three years on each count, to be served consecutively, for an effective sentence of six years. The manner of service of the sentences was to be determined by the trial court following a sentencing hearing. The trial court ordered the Defendant to serve the first three-year sentence in the Tennessee Department of Correction (“TDOC”), with the last three-year sentence to be served on probation. The Defendant appeals, contending: (1) the trial court erroneously admitted several victim impact statements during his sentencing hearing; and (2) the trial court erred when it denied him full probation. After a thorough review of the record and relevant authorities, we conclude the victim impact statements were properly admitted, and the trial court properly sentenced the Defendant. Accordingly, we affirm the judgments of the trial court

Dan Stern Homes, Inc. v. Designer Floors & Homes, Inc., et al.
M2008-00065-COA-R3-CV
Authoring Judge: Judge Richard H. Dinkins
Trial Court Judge: Judge Thomas W. Brothers

Appellants, a flooring company hired to install hardwood flooring at a home being built by Appellee, appeal the judgment of the trial court finding them liable for breach of contract and breach of warranty and awarding damages to Appellee. Appellants were hired to install hardwood flooring at a home being built by Appellee. After installation of the floors, problems developed; Appellants tried to correct the problems on numerous occasions to no avail. Appellee hired another subcontractor to refinish the hardwood flooring and to resolve the problems associated therewith. Appellee subsequently brought action against Appellant to recover amounts paid to subcontractor and the trial court awarded Appellee full measure of damages sought. We modify and affirm the judgment of the trial court.

Millennium Taxi Service, L.L.C. v. Chattanooga Metropolitan Airport Authority
E2008-00838-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Judge W. Neil Thomas, III

Millennium Taxi Service, L.L.C., filed suit against the Chattanooga Metropolitan Airport Authority (“CMAA”) seeking a declaration that CMAA regulations prohibiting unregistered taxicabs from picking up passengers curbside at the Chattanooga Metropolitan Airport were unconstitutional. Millennium further sought injunctive relief prohibiting enforcement of the challenged regulations. In its counterclaim, CMAA asserted that Millennium had repeatedly and flagrantly violated its regulations and requested that Millennium be permanently enjoined from engaging in any further violations. The court granted in part and denied in part summary judgment to CMAA upon finding that the challenged regulations had a rational basis and did not discriminate unreasonably against unregistered taxis. Millennium appeals. We affirm.

Eric Kerney, et al vs. Gary Endres, et al
E2008-01476-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Chancellor E.G. Moody

Eric Kerney and wife, Cassandra Kerney, brought this suit to enjoin the operation of a beauty salon by defendant Susan Endres in the home owned by her and her husband, Gary Endres. The Kerneys and the Endreses are adjoining homeowners in the Plantation Manor Subdivision in Kingsport. The properties are subject to a restrictive covenant limiting their use to residential and forbidding commercial use. Following a bench trial, the court found the salon was merely incidental to the residential use and, as a consequence, did not violate the restriction. The court did, however, enjoin any expansion of the business. Plaintiffs appeal. We vacate the judgment of the trial court and remand for further proceedings consistent with this opinion.

Mike Ellis v. Pauline S. Sprouse Residuary Trust, et al.
E2009-654-COA-RM-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Judge Wheeler A. Rosenbalm

This matter is before us on remand from the Tennessee Supreme Court for consideration of  issues we pretermitted in our earlier opinion, which decision the High Court reversed. In our earlier judgment, Ellis v. Sprouse, E2006-01771-COA-R3-CV, 2007 WL 3121666 (Tenn. Ct. App, E.S., filed October 26, 20007), we held that plaintiff Mike Ellis (“the Farmer”) did not exercise his lease option on farmland owned by Kerry M. Sprouse 1 (“the Landlord”) by actions taken after the lease expired. As a result of that holding, we ruled that the portion of the judgment entered on a jury verdict awarding lost farming profits of $82,000 could not stand. We further held that the punitive damage award of $30,000 had to be retried since – at the time of our decision – it was based solely upon a compensatory damages award of $534 for the Landlord’s trespass – a trespass that was not contested on appeal. In Ellis v. Sprouse, 280 S.W.3d. 806 (2009), the High Court held that the Farmer had indeed exercised his option to renew the lease by continuing to hold over and making his lease payments after the initial term had expired. Accordingly, the Supreme Court reversed and remanded to this Court with “directions to consider and decide the issues that were pretermitted in [our] earlier opinion in this case.” We now have considered those issues, and, with respect to them, we affirm the judgment of the trial court. In light of the Supreme Court’s opinion and our opinion on remand, the trial court’s judgment is affirmed in toto.

Ricky Johnson v. State of Tennessee
W2008-00742-CCA-R3-HC
Authoring Judge: Judge J. C. McLin
Trial Court Judge: Judge Donald H. Allen

The pro se petitioner, Ricky Johnson, appeals the circuit court’s denial of his petition for writ of habeas corpus. The state has filed a motion pursuant to Rule 20, Rules of the Court of Criminal Appeals, for this court to affirm the judgment of the circuit court by memorandum opinion. We grant the motion and affirm the judgment of the court.

State of Tennessee v. Terence Alan Carder
W2008-01450-CCA-R3-CD
Authoring Judge: Judge J. C. McLin
Trial Court Judge: Judge J. Weber McCraw

The defendant, Terence Alan Carder, pled guilty to theft of property over $1,000 but less than $10,000 and received a sentence of two years to be served on probation after service of 60 days in jail. The defendant was also ordered to provide restitution to the victim in the amount of $80,000 to be paid back at $1,000 per month. On appeal, the defendant argues that the trial court erred in ordering confinement and setting restitution. Following our review, we affirm the sentence as imposed but conclude that the trial court made inadequate findings in assessing restitution pursuant to Tennessee Code Annotated section 40-35-304. Therefore, we remand for reconsideration of the restitution award based upon the required findings.

In the Matter of: A.L.B, d/o/b 09/16/1998, M.L.B.,Jr. d/o/b 12/24/2000, and M.L.B d/o/b 04/19/2002
W2008-02696-COA-R3-PT
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Juge Herbert J. Lane

Father appeals the trial court’s judgment terminating his parental rights. The trial court found that the father had committed severe child abuse, that the father failed to comply with the obligations and responsibilities outlined in the permanency plans, and that conditions which led to the removal of the children still persisted. We affirm.

Daniel Leon Fraire et al. v. Titan Insurance Company et al.
M2006-02515-COA-R3-CV
Authoring Judge: Judge Frank Clement, Jr.
Trial Court Judge: Judge Jeffrey S. Bivins

The issue on appeal is whether Titan Insurance Company, which issued a “no-fault” automobile insurance policy to a Michigan resident, is entitled to be reimbursed for “personal protection insurance benefits” paid to its insureds for injuries sustained in a vehicular accident in  Tennessee. After the insureds entered into a substantial settlement agreement with the tortfeasors in this civil action, which compensated them in addition to the benefits paid by Titan under the no-fault policy, Titan intervened seeking reimbursement of the benefits it paid. Titan contended that it was entitled, pursuant to Michigan’s No-Fault Insurance Act to reimbursement of the benefits remitted. The insureds, relying on the “made whole doctrine,” contended they had not been made whole by the settlement with the tortfeasor; therefore, Titan was not entitled to reimbursement. The trial court held that the made whole doctrine applied and that the insureds had not been made whole by the settlement; therefore, Titan was not entitled to reimbursement in any amount. Under Michigan’s No-Fault Insurance Act, specifically Mich. Comp. Laws § 500.3116(2), (4), the right of the no-fault insurer to reimbursement of “economic” benefits paid for the benefit of its insureds is not dependent upon whether its insureds have been made whole by a settlement with the tortfeasor. Therefore, Titan’s right to reimbursement of economic benefits paid is not dependent on whether its insureds were “made whole.” Accordingly, the judgment of the trial court is reversed, and we remand with instructions for the trial court to determine the extent to which Titan is entitled to be reimbursed.

Carey Faulkner v. City of Bartlett
W2008-02225-COA-R3-CV
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Judge Arnold B. Goldin

The appellant, a former police officer, filed a petition for writ of certiorari in the chancery court alleging that her due process rights were violated when the City of Bartlett terminated her employment. We affirm the trial court’s finding that the appellant was an employee-at-will, and therefore, she had no protected property interest in her job.

State of Tennessee v. Dalton Lister
E2007-00524-CCA-MR3-CD
Authoring Judge: Presiding Judge Joseph M. Tipton
Trial Court Judge: Judge Carroll L. Ross

The defendant, Dalton Lister, appeals from his jury convictions in the Bradley County Criminal Court for first degree felony murder; two counts of attempted aggravated robbery, a Class C felony; and conspiracy to commit aggravated robbery, a Class C felony. He received a life sentence, with concurrent sentences of six years as a Range I, standard offender for each Class C felony. On appeal, the defendant contends (1) that the evidence was insufficient to convict him of the charged offenses; (2) that the trial court erred in not permitting cross-examination regarding a severed defendant’s outstanding arrest warrant, pending charges, status as a fugitive, and possible bias to fabricate testimony to obtain a favorable disposition of the pending charges; (3) that the trial court erred by failing to suppress a recorded statement of the defendant when the original recording was intentionally destroyed and lost by the detective who had possession of it; and (4) that the trial court erred in not ordering disclosure of the detective’s statement to the Tennessee Bureau of Investigation concerning the lost and destroyed original recording of the defendant’s statement taken the night of the homicide. We hold that the evidence was sufficient to convict the defendant of the charges and that the defendant waived his remaining issues by not filing a timely motion for new trial, and we affirm the judgments of the trial court.

State of Tennessee v. Charlton Garner
W2007-00821-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge W. Otis Higgs, Jr.

The defendant, Charlton Garner, was convicted by a Shelby County jury of second degree murder, a Class A felony; attempted second degree murder, a Class B felony; and reckless endangerment, a Class E felony. He was subsequently sentenced by the trial court to an effective sentence of twentyeight years in the Department of Correction. On appeal, he raises the single issue of sufficiency of the evidence with regard to each of the convictions. Specifically, he argues that the evidence presented at trial supports his theory of self-defense. Following review of the record, we affirm the judgments of conviction.

State of Tennessee v. Derrick Brandon Wells
M2008-00428-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Robert G. Crigler

A jury convicted the Defendant, Derrick Brandon Wells, of both the sale and delivery of over .5 grams of a Schedule II controlled substance, crack-cocaine. The trial court merged the convictions and sentenced the Defendant as a Range II, multiple offender to twenty years and fined the Defendant $75,000. The Defendant appeals, contending the evidence was insufficient to support his conviction of the sale of crack-cocaine. After reviewing the record and relevant authorities, we affirm the judgment of the trial court.

State of Tennessee v. Arterio Holman
W2008-00318-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge John T. Fowlkes, Jr.

The defendant, Arterio Holman, was convicted by a Shelby County Criminal Court jury of simple possession of cocaine and possession with intent to deliver 26 grams or more of cocaine. The trial court merged the simple possession conviction with the possession with intent to deliver convictionand sentenced the defendant as a Range I offender to eleven years in the Department of Correction. On appeal, he argues that (1) the trial court erred in allowing an officer to testify as an expert on drug intent to deliver more than 26 grams of cocaine, (3) the trial court imposed an excessive sentence, and (4) cumulative error compromised his rights to a fair trial and due process. After review, we affirm the judgment of the trial court.

State of Tennessee v. Chanceller Chatman
W2008-00568-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge W. Fred Axley

The defendant, Chanceller Chatman, was convicted by a Shelby County Criminal Court jury of one count of felony murder, one count of especially aggravated robbery, and four counts of aggravated robbery. He was sentenced to life imprisonment for the felony murder conviction, fifteen years for the especially aggravated robbery conviction, eight years each for two of the aggravated robbery convictions, and twelve years each for the remaining aggravated robbery convictions. The trial court ordered that the life sentence for felony murder and the fifteen-year especially aggravated robbery sentence be served concurrently to each other. The court further ordered that the aggravated robbery sentences be served consecutively to each other and consecutively to the life plus fifteen-year sentence, for an effective sentence of life plus forty years. On appeal, the defendant challenges the sufficiency of the evidence in support of his felony murder conviction and the trial court’s imposition of consecutive sentences. Following our review, we affirm the judgments of the trial court.