Antonio Arnold v. State of Tennessee
W2007-02640-CCA-MR3-PC
Authoring Judge: Judge D. Kelly Thomas, Jr.
Trial Court Judge: Judge Carolyn Wade Blackett

The pro se petitioner, Antonio Arnold, appeals as of right the Shelby County Criminal Court’s summary dismissal of his petition for post-conviction relief. The post-conviction court dismissed the petition based upon its finding that the petition did not contain sufficient and specific factual bases in support of his claim for relief. Following our review, we reverse the judgment of the post-conviction court and remand the case for an evidentiary hearing.

Henry Lee Hawkins, Jr. v. State of Tennessee
W2008-00455-CCA-R3-PC
Authoring Judge: Judge D. Kelly Thomas, Jr.
Trial Court Judge: Judge Carolyn Wade Blackett

The petitioner, Henry Lee Hawkins, Jr., appeals from the Shelby County Criminal Court’s denial of his petition for post-conviction relief from his convictions on four counts of aggravated robbery and effective sentence of 34 years in the Department of Correction. On appeal, the petitioner argues that he received the ineffective assistance of counsel at trial. After reviewing the record, we affirm the judgment of the post-conviction court.

Tommy McDaniel, et al. v. Amal Rustom, M.D., et al.
W2008-00674-COA-R3-CV
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Judge Jerry Stokes

The plaintiffs filed a complaint alleging medical malpractice against emergency room physicians who treated their daughter. The defendants filed motions for summary judgment, claiming that the plaintiffs’ only expert was not qualified to testify as to the recognized standard of acceptable professional practice in the defendants’ profession and specialty in their community or in a similar community. The trial court granted summary judgment to the defendants, finding that the plaintiffs’ expert did not meet the qualifications of Tennessee Code Annotated section 29-26-115. The plaintiffs appeal. We affirm.

State of Tennessee, et al. v. Deliquent Taxpayers, as shown on the 2003 real property Deliquent tax records for Shelby County Trustee, et al. Home Funds Direct, A California Corporation/Delinquent Taxpayers v. William Garrett
W2008-01296-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Chancellor Kenny W. Armstrong

This case involves the right to redeem property purchased at a tax sale. The trial court confirmed the petitioner’s right to redeem the property, divested title from the purchaser, and vested title in the original owners. The purchaser appeals. We affirm.

State of Tennessee v. Andrew Michael Rodriguez
W2008-00694-CCA-R3-CD
Authoring Judge: Judge D. Kelly Thomas, Jr.
Trial Court Judge: Judge J. Weber McCraw

A Hardeman County grand jury indicted the defendant, Andrew Michael Rodriguez, for one count of rape of a child, a Class A felony. The defendant entered a best interest plea to one count of sexual battery by an authority figure, a Class C felony, with an agreed sentence of six years as a Range I, standard offender. The manner of service of the sentence was left to the discretion of the trial court.  Following a sentencing hearing, the trial court denied the defendant’s request for judicial diversion, probation, or other alternative sentencing and ordered the defendant’s sentence to be served in the custody of the Department of Correction. In this appeal as of right, the defendant argues that the trial court erred in denying his request for probation or alternative sentencing. Following our review, we affirm the judgment of the trial court.

Joyce Holt v. State of Tennessee, Department of Children's Services
E2007-02798-COA-R3-JV
Authoring Judge: Judge Herschel P. Franks
Trial Court Judge: Judge Mindy Norton Seals

Plaintiff mother who had formally surrendered parental rights to her five children on March 21,
2007, brought this proceeding to vacate the order of surrender in September of 2007. Following an
evidentiary hearing, the Trial Court determined there was no evidentiary basis to set aside the
mother’s surrender of her parental rights. On appeal, we affirm.

State of Tennessee v. Nabeeh Jameel Mateen
M2006-02295-CCA-R3-CD
Authoring Judge: Presiding Judge Joseph M. Tipton
Trial Court Judge: Judge Steve R. Dozier

The defendant, Nabeeh Jameel Mateen, was convicted by a Davidson County Criminal Court jury of especially aggravated robbery, a Class A felony, and was sentenced by the trial court to forty years as a Range II, multiple offender. On appeal, the defendant contends that the evidence is not sufficient to support his conviction and that the trial court erred in sentencing regarding an enhancement factor and a mitigating factor. We affirm the judgment of the trial court.

Cracker Barrel Old Country Store, Inc., et al. v. Richard Epperson, et al.
M2006-02424-SC-R11-CV
Authoring Judge: Justice Cornelia A. Clark
Trial Court Judge: Chancellor Carol L. Mccoy

We accepted Cracker Barrel’s application for permission to appeal to determine whether the
contractual language–“[a]ll costs and expenses of any suit or proceeding shall be assessed against the defaulting party”–creates a contractual right to attorney fees for the successful party in a lawsuit. We determine that neither this contractual language nor the doctrine of judicial estoppel creates a right to recover such fees. Accordingly, the Court of Appeals’ judgment denying an award for attorney fees is affirmed. Tenn. R. App. P. 11 Appeal by Permission; Judgment of the Court of Appeals Affirmed
 

Audrey Pryor v. Rivergate Meadows Apartment Associates Limited Partnership
M2008-02586-COA-R3-CV
Authoring Judge: Judge J. Steven Stafford
Trial Court Judge: Judge Barbara N. Haynes

When Defendant failed to respond to Plaintiff’s complaint and discovery requests, the trial court entered a default judgment in favor of Plaintiff on the issue of Defendant’s liability. The trial court set a hearing to determine Plaintiff’s damages, and both Plaintiff and Defendant litigated the issue. After the trial court determined the amount of damages, Defendant asked, for the third time, the trial court to set aside the default judgment and schedule a trial on the merits. The trial court denied Defendant’s motion, and Defendant appeals. Because Defendant failed to demonstrate a meritorious defense in its motion to set aside the default judgment, we affirm the ruling of the trial court.

State of Tennessee v. Betsy B. Hull
W2008-01012-CCA-R3-CD
Authoring Judge: Judge Camille R. McMullen
Trial Court Judge: Judge J. Weber McCraw

The Defendant-Appellant, Betsy B. Hull (“Hull”) appeals the revocation of her probation by the Circuit Court for Fayette County. She contends that the trial court erred in denying her motion to continue and in its decision to revoke her probation. Discerning no error, we affirm the judgment of the trial court.

Metropolitan Property and Casualty Insurance Company v. Wayne Buckner, et al.
E2008-00989-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Judge Richard R. Vance

Metropolitan Property and Casualty Insurance Company (“the insurance company”) brought an action for declaratory judgment against Wayne Buckner (“the policyholder”) and others¹ seeking a determination regarding its liability and duty to defend under a homeowners’ insurance policy (“the policy”) issued to the policyholder. The insurance company’s action was prompted by lawsuits filed following an incident in which the policyholder’s two teenage sons, William Russell Buckner and Joshua Thomas Buckner (who will be collectively referred to as “Will and Josh”²), fired rifles at tractor-trailers on an interstate highway, resulting in the death of Aaron E. Hamel, the driver of a car, and severe injuries to Kimberly Bede, a passenger in another car. The lawsuits included a personal injury suit by Ms. Bede and David Hickman,³ a personal injury suit by Denise Deneau,⁴ and a wrongful death action by John Hamel and his wife, Rosemary Hamel.⁵ The plaintiffs and defendants in the underlying lawsuits will be referred to collectively as “Defendants,” their posture in this declaratory judgment action. Defendants filed counterclaims for declaratory judgment, seeking a determination that the policy provides coverage to the defendants in the underlying actions and that each of the shootings was a separate, covered occurrence. The trial court, in dismissing the insurance company’s complaint and granting judgment on the counterclaims, held, among other things, that an exclusion in the policy against injuries “reasonably expected or intended” by the insured is not implicated by the facts of the underlying suits.6 We hold that the exclusionary provision applies to bar coverage for the suits against Will Buckner and Josh Buckner. Accordingly, we reverse the judgment of the trial court and enter judgment in favor of the insurance company as to the suits against Will Buckner and Josh Buckner.

State of Tennessee v. Anthony Drake
M2008-02441-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge Robert G. Crigler

Upon his pleas of guilty, the Defendant, Anthony Drew Drake, was convicted of one count of burglary of a building other than a habitation (a Class D felony), eight counts of burglary of an automobile (Class E felonies) and six counts of misdemeanor theft. Sentencing was left to the discretion of the trial court. Following a sentencing hearing, the Defendant was sentenced as a Range II, multiple offender to terms of five years for the Class D felony and three years for each Class E felony conviction. Three of the three-year sentences were ordered to be served concurrently with one another and consecutively to the five-year sentence. Two of the remaining three-year sentences were ordered to be served concurrently with one another and consecutively to the five-year and three-year consecutive sentences, for an effective sentence of eleven years. On appeal, the Defendant argues that the trial court erred by refusing to allow him to serve his sentences in community corrections. We affirm the judgments of the trial court.

Henry Frazier, et al. v. Rickey Helton, et al.
M2008-01237-COA-R3-CV
Authoring Judge: Judge Richard H. Dinkins
Trial Court Judge: Judge Robert E. Corlew, III

Buyers of a corporation filed suit against sellers for breach of contract. Buyers filed a motion for default judgment for failure to answer written discovery requests, which the trial court granted. Following a hearing on damages, the court entered a final judgment. Two of the sellers filed a motion, seeking to alter or amend the judgment, a new trial or for relief from the judgment, which the trial court denied.

State of Tennessee v. Travis Young
W2005-02593-SC-R11-CD
Authoring Judge: Justice William C Koch, Jr.
Trial Court Judge: W. Otis Higgs, Jr.

This appeal involves the sentencing of a defendant who shot and seriously wounded a victim during an armed robbery and then two days later led law enforcement authorities on a lengthy and dangerous high-speed chase in an attempt to evade arrest. A Shelby County jury convicted the defendant of numerous offenses arising out of these incidents, and the trial court imposed an effective sixteen-year sentence. On the defendant’s first appeal, the Court of Criminal Appeals vacated the sentences and remanded the case for a new sentencing hearing after concluding that the trial court’s sentencing findings were inadequate. On remand, the trial court imposed the same sixteen-year sentence. On the defendant’s second appeal, the Court of Criminal Appeals made its own sentencing findings and imposed an effective seventeen-year sentence on the defendant. We granted the defendant’s Tenn. R. App. P. 11 application. We now hold that theCourt of Criminal Appeals exceeded its authority under Tenn. Code Ann. § 40-35-401(c)(2) (2006) by increasing the defendant’s effective sentence from sixteen to seventeen years. We also hold (1) that the Sixth Amendment to the United States Constitution does not require that the facts necessary for the imposition of consecutive sentences be determined by a jury, (2) that the Court of Criminal Appeals made adequate findings with regard to its decision to impose consecutive sentences, and (3) that the record contains sufficient evidence to sustain a decision to impose an effective sixteen-year sentence on the defendant.

Richard L. Hubbell v. Sumner Anesthesia Associates, Inc., et al - Dissenting
M2008-01736-COA-R3-CV
Authoring Judge: Judge Richard H. Dinkins
Trial Court Judge: Tom E. Gray

Richard L. Hubbell v. Sumner Anesthesia Associates, Inc., et al
M2008-01736-COA-R3-CV
Authoring Judge: Judge Richard H. Dinkins
Trial Court Judge: Chancellor Tom E. Gray

Shareholder and employee of a professional corporation filed suit demanding payment of the fair value of his shares in the corporation following termination of his employment. The corporation subsequently tendered $760.48 to the Sumner County Clerk and Master, the amount it believed represented the fair value of the shareholder’s shares as of the date of his termination of employment with the corporation. The trial court granted summary judgment for the corporation finding the shareholder failed to contradict the corporation’s proposed fair value. Finding error, we reverse and remand the case for further proceedings.

State of Tennessee v. Barry Singleton
W2006-02476-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge W. Mark Ward

The defendant, Barry Singleton, appeals his convictions for aggravated kidnapping and aggravated rape. The defendant was sentenced to twelve years as a Range I, standard offender for the aggravated kidnapping conviction and to twenty-five years as a violent offender for the aggravated rape conviction. The sentences were ordered to run consecutively for an effective sentence of thirtyseven years. On appeal, he contends that: the evidence was insufficient to support his convictions; the trial court erred in allowing the State to introduce photographs into evidence that had not been provided to the defense prior to trial; it was error to allow a witness not provided to the defendant to testify; it was error to allow the victim to testify without providing the tape recording of her initial statement to police; and the court erred in imposing his sentence with regard to both the length and manner. After careful review, we affirm the judgments from the trial court.

Tom R. Smith v. Thomas Harding Potter
M2008-01483-COA-R3-CV
Authoring Judge: Judge J. Steven Stafford
Trial Court Judge: Judge Barbara N. Haynes

Appellant and Appellee are both licensed attorneys practicing in the State of Tennessee. This appeal arises from Appellant's efforts to recover money owed by Appellee on two promissory notes. The trial court found that the promissory notes were executed in recognition of Appellee's debt under two lease agreements. The court concluded that the lease agreements called for fee-splitting between attorneys in violation of Rule 1.5(e) of the Rules of Professional Responsibility. We do not address the merits of the trial court's conclusion on this question. Instead, we find that no final judgment exists in this case.

Timothy D. Qualls v. Ricky J. Bell, Warden
M2008-01246-CCA-R3-HC
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Hamilton V. Gayden, Jr.

In 2003, the Petitioner, Timothy D. Qualls, pled guilty to second degree murder, and the trial court sentenced him to serve eighteen years. The Petitioner file a petition for habeas corpus relief, and the habeas court denied his petition. On appeal, the Petitioner alleges the habeas court erred because: (1) the trial court sentenced the Petitioner in contravention of his constitutional rights; and (2) thetrial court sentenced the Petitioner in contravention of state statutes. After a thorough review of the record and relevant authorities, we affirm the judgment of the habeas court.

Antwone J. Terry v. Tennessee Department Of Correction, et al.
W2008-01907-COA-R3-CV
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Chancellor William C. Cole

The appellant filed a petition for writ of certiorari in the chancery court, seeking review of prison disciplinary proceedings. The trial court dismissed the petition because it was not notarized or otherwise sworn, as required by statute. We affirm.

Lisa Shelton v. Central Mutual Insurance Company
E2008-00553-WC-R3-WC
Authoring Judge: Senior Judge Walter C. Kurtz
Trial Court Judge: Chancellor Jerri S. Bryant

This workers’ compensation appeal has been referred to the Special Workers’
Compensation Appeals Panel of the Supreme Court in accordance with Tenn.Code
Ann. § 50-6-225(e)(3) for a hearing and a report of findings of fact and conclusions
of law. In 2004, Employee was found to be permanently and totally disabled as a
result of a work-related injury. In January 2006, he died as a result of an overdose
of prescription medication. His widow sought workers’ compensation death benefits,
alleging that his death was the direct result of his prior work injury. Employer filed
a motion for summary judgment, contending that the medical evidence was insufficient. The trial court granted the motion. Employee’s widow has appealed. We reverse the judgment and remand for further proceedings.

Deborah Smartt v. M-Tek, Inc., et al.
M2008-00824-WC-R3-WC
Authoring Judge: Senior Judge Allen W. Wallace
Trial Court Judge: Judge L. Craig Johnson

This workers’ compensation appeal has been referred to the Special Workers’ Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated section 50-6-225(e)(3) for a hearing and a report of findings of fact and conclusions of law. The employee had chronic obstructive pulmonary disease (“COPD”) as a result of cigarette smoking. She was exposed to residual smoke and odors from a fire which occurred in the building she worked in. Shortly thereafter, she was hospitalized with acute breathing problems. She has been unable to return to work since that time. The trial court found that she had sustained a compensable aggravation of her pre-existing COPD, and awarded permanent total disability benefits. Her employer has appealed, asserting that the trial court erred in finding that she had sustained a compensable injury. We affirm the judgment on that issue. However, we reverse the trial court’s award of reimbursement of  health insurance premiums paid by employee.

The Holland Group v. Audrey Sotherland, et al.
M2008-00620-WC-R3-WC
Authoring Judge: Senior Judge Allen W. Wallace
Trial Court Judge: Chancellor J. B. Cox

This workers’ compensation appeal has been referred to the Special Workers’  Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated section 50-6-225(e)(3) for a hearing and a report of findings of fact and conclusions of law. The employee filed a Request for Assistance with the Department of Labor and Workforce Development (“Department”), seeking medical treatment and temporary disability benefits for an alleged work injury. The Department ordered that treatment be provided and benefits paid. The employer filed this civil action in the Chancery Court of Bedford County against the employee and the Second Injury Fund (“Fund”). Subsequently, the Department ordered the termination of disability benefits. The employee filed her answer and a counterclaim against the employer. The Fund filed a motion for summary judgment, contending that the trial court lacked subject matter jurisdiction  because the parties had not exhausted the benefit review process. The trial court granted the motion and dismissed the action. The employee has appealed. We conclude tha

James Kenneth Lane v. Perdue Farms, Inc.
M2008-00235-WC-R3-WC
Authoring Judge: Senior Judge Allen W. Wallace
Trial Court Judge: Chancellor Ronald Thurman

This workers’ compensation appeal has been referred to the Special Workers’ Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated section 50-6-225(e)(3) for a hearing and a report of findings of fact and conclusions of law. The employee in this case alleged that he had sustained gradual injuries to his shoulders and arms as a result of his employment. Three doctors testified concerning the injuries. The two treating physicians assigned 0% impairment. An evaluating physician assigned 5% impairment to each arm, and 0% impairment for the shoulder injuries. The trial court awarded 7.5% permanent partial disability (“PPD”) to the
arms, and 15% PPD to the body as a whole. The employee has appealed, contending that the trial court erred by using the “last day worked” rule to determine the date of injury. The employer asserts that the trial court erred by awarding permanent disability benefits for the shoulder injuries. We affirm the trial court’s finding concerning the date of injury, and reverse the award of benefits for the shoulder injuries.

State of Tennessee v. Larry Frank
W2007-00446-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge Carolyn Wade Blackett

A Shelby County Criminal Court jury convicted the appellants, Larry Frank and Shurrod Towns, of attempted first degree premeditated murder in case number 04-01201 and first degree premeditated murder and four counts of attempted first degree premeditated murder in case number 04-01202. The trial court imposed life sentences for their murder convictions and twenty years for each attempted murder conviction, with the sentences to be served concurrently. On appeal,1 Frank contends that the evidence is insufficient to support his convictions and that the trial court improperly imposed five-hundred-dollar fines. Towns argues that the evidence is insufficient to support his convictions, that the trial court should have dismissed the indictments because he was denied his right to a preliminary hearing, that the trial court should have declared a mistrial when a State witness testified that Towns had an arrest record, and that the trial court should have granted his motion for a new trial based upon newly discovered evidence. Based upon the record and the parties’ briefs, we conclude that the trial court improperly fined both appellants. However,  judgments of the trial court are affirmed in all other respects.