APPELLATE COURT OPINIONS

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David J. Williams v. Tennessee Department of Correction

M1999-01661-COA-R3-CV
This appeal involves a dispute between a prisoner and the Department of Correction regarding the expiration date of his Class X life sentence for aggravated rape. After unsuccessfully petitioning the Department for a declaratory order, the prisoner filed a petition for declaratory judgment in the Chancery Court for Davidson County asserting that the Department's Disciplinary Punishment Guidelines require the Department to treat his life sentence as one that fully expires in thirty years. The trial court granted the Department's Tenn. R. Civ. P. 12.02(6) motion, and the prisoner has appealed. We have determined that the trial court properly determined that the prisoner had failed to state a claim upon which relief can be granted. Accordingly, we affirm the judgment dismissing the prisoner's complaint.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Carol L. Mccoy
Davidson County Court of Appeals 04/27/00
Rickey Moorman v. Dept of Correction

M1999-02675-COA-R3-CV
This appeal involves a dispute between a prisoner and the Tennessee Department of Correction regarding the calculation of his sentence credits and his release eligibility date. After unsuccessfully petitioning for a declaratory order, the prisoner filed a petition in the Chancery Court for Davidson County seeking a declaratory judgment regarding his entitlement to sentence credits as well as a determination that he was entitled to immediate release. The trial court granted the Department's Tenn. R. Civ. P. 12.02(6) motion to dismiss, and the prisoner has appealed. We affirm the trial court's conclusion that the prisoner's petition fails to state a claim upon which relief can be granted.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Ellen Hobbs Lyle
Davidson County Court of Appeals 04/27/00
Henderson vs. Dept. of Safety

M1999-01911-COA-R3-CV
Kenneth Henderson appeals pro se from an order of the Chancery Court of Davidson County dismissing his case for failure to prosecute his petition for review under Tennessee Code Annotated section 4-5-322 under which he sought judicial review of a judgment of Administrative Law Judge Marian Wall, which judgment had become final on December 29, 1995 with petition for reconsideration being denied on January 28, 1996. We affirm the action of the trial judge.
Authoring Judge: Judge William B. Cain
Originating Judge:Ellen Hobbs Lyle
Davidson County Court of Appeals 04/27/00
Joe Dyer vs. Bd. of Paroles

M1999-00787-COA-R3-CV
Joe P. Dyer, a prison inmate, filed a petition in the Chancery Court of Davidson County for a writ of common law certiorari to review denial of parole. The trial court granted the respondent's Motion for Summary Judgment and we affirm the action of the trial court.
Authoring Judge: Judge William B. Cain
Originating Judge:Ellen Hobbs Lyle
Davidson County Court of Appeals 04/27/00
Bank of Gleason vs. Weakley Farmers

W1999-02161-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:William B. Acree
Weakley County Court of Appeals 04/27/00
Jeff Utley v. Department of Corrections

M1999-01412-COA-R3-CV
This appeal involves a dispute between a prisoner and the Department of Correction regarding his punishment for two unrelated disciplinary offenses. On both occasions, the Department extended the prisoner's release eligibility date in accordance with versions of Tenn. Dep't Corr. Policy Index No. 502.02 issued after he committed the crimes for which he was incarcerated. The prisoner filed a complaint in the Chancery Court for Davidson County asserting that the Department's application of the later version of the policy to him violated the Ex Post Facto Clause of the United States Constitution. The trial court granted the Department's Tenn. R. Civ. P. 12.02(6) motion, and the prisoner has appealed. We have determined that the prisoner's complaint fails to state a colorable ex post facto claim under either the federal or state constitution. Accordingly, we affirm the dismissal of the prisoner's complaint.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Carol L. Mccoy
Davidson County Court of Appeals 04/27/00
Ronald McKinney vs. State, et al

M1999-02428-COA-R3-CV
An inmate of the Tennessee Department of Correction sought a declaratory judgment that the Department had incorrectly calculated his sentence. The trial court dismissed the petition, finding no improper calculation. We affirm.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Carol L. Mccoy
Davidson County Court of Appeals 04/27/00
Professional Engineering Services vs. City of Red Boiling Springs, TN

M1999-00342-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:C. K. Smith
Macon County Court of Appeals 04/26/00
M2000-00378-COA-R9-CV

M2000-00378-COA-R9-CV
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Carol L. Soloman
Davidson County Court of Appeals 04/26/00
Pryor vs. Willoughby

M1999-00668-COA-R3-CV
Richard Dietz, II, Executor of the Estate of Barbara Dietz, et al vs. Charles A. Keith , et al
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:C. K. Smith
Wilson County Court of Appeals 04/26/00
Bullington vs. Hudson

M1999-02772-COA-R3-CV
Authoring Judge: Judge William B. Cain
Originating Judge:Betty Adams Green
Davidson County Court of Appeals 04/26/00
Corp., et al vs. Metro Gov't of Nashville

M1997-00212-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Carol L. Mccoy
Davidson County Court of Appeals 04/26/00
Donald Malone & Lynn Malone, d/b/a Malone & Son's Wrecker & Repair Service, LLC, vs. Associates Commercial Corporation

E2000-00220-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:John K. Wilson
Greene County Court of Appeals 04/26/00
Howard vs. Thurman

M1998-00147-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Billy Joe White
Fentress County Court of Appeals 04/26/00
Feldman vs. TN Bd. of Medical Examiners

M1999-00474-COA-R7-CV
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Irvin H. Kilcrease, Jr.
Davidson County Court of Appeals 04/26/00
Deborah Ann hansen vs. Ole Hansen

E1999-02666-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Jacqueline E. Schulten
Hamilton County Court of Appeals 04/26/00
Colbert vs. White

M1999-00087-COA-R3-CV
Authoring Judge: Judge William B. Cain
Originating Judge:Muriel Robinson
Davidson County Court of Appeals 04/26/00
W1999-00023-C0A-R3-CV

W1999-00023-C0A-R3-CV

Originating Judge:J. Steven Stafford
Dyer County Court of Appeals 04/25/00
W1999-00023-C0A-R3-CV

W1999-00023-C0A-R3-CV

Originating Judge:J. Steven Stafford
Dyer County Court of Appeals 04/25/00
Sandra Metz vs. Monte Metz

W1999-00023-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Originating Judge:J. Steven Stafford
Dyer County Court of Appeals 04/25/00
Sandra Metz vs. Monte Metz

W1999-00023-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Originating Judge:J. Steven Stafford
Dyer County Court of Appeals 04/25/00
Terry Traylor vs. North American Royalties, Inc. d/b/a Wheland Foundry

E1999-00709-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Originating Judge:Samuel H. Payne
Hamilton County Court of Appeals 04/24/00
Kenneth Morris vs. Christopher Norwood & Kevin Rigdon

E1999-01328-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:John B. Hagler, Jr.
Bradley County Court of Appeals 04/24/00
Walter Walsh vs. Ba Inc .

W1998-00396-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Originating Judge:Floyd Peete, Jr.
Shelby County Court of Appeals 04/24/00
Richard Dietz, II, Executor of the Estate of Barbara Dietz, et al vs. Charles A. Keith , et al

E1999-00927-COA-R3-CV
Lacey A. Maine vs. Wellmont Health System d/b/a Bristol Regional Medical Center , et al
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Richard E. Ladd
Sullivan County Court of Appeals 04/24/00