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State of Tennessee v. Kathryn Lee Adler W2001-00951-CCA-R3-CD The Fayette County Grand Jury returned an indictment against the defendant alleging one count of aggravated child neglect and a second count of aggravated child abuse. A jury convicted the defendant of the indicted charge of aggravated child neglect and the lesser-included offense of felony child abuse. The trial court sentenced the defendant to concurrent sentences of twenty years and two years, respectively. In this appeal, the defendant alleges (1) the evidence is insufficient to support the conviction for aggravated child neglect; (2) the applicable child abuse/neglect statutes are unconstitutionally vague and overbroad; (3) the trial court erred by refusing to charge reckless endangerment as a lesser-included offense of aggravated child neglect; and (4) the defendant's sentence is excessive. After a thorough review of the record, we find no reversible error and affirm the judgment of the trial court. Authoring Judge: Judge Joe G. Riley Originating Judge:Judge Jon Kerry Blackwood	Fayette County	Court of Criminal Appeals	02/19/02
Alan Miller v. City of Murfreesboro M2001-01478-COA-R9-CV In this retaliatory demotion case, the City of Murfreesboro appeals the action of the trial court in denying a Motion for Summary Judgment as to all issues. We find no material evidence in the record to establish that the articulated reason for the demotion of these three police officers, all of whom are established by the record to be honest and competent officers, is pretextual. The judgment of the trial court is reversed, and summary judgment entered for Defendant as to all issues. Authoring Judge: Judge William B. Cain Originating Judge:John W. Rollins	Rutherford County	Court of Appeals	02/19/02
Margaret Parker vs. Kroger Co. W2001-01977-COA-R3-CV Plaintiff, a Tennessee resident, slipped and fell in a Kroger store in Texas. Plaintiff sued defendant in Shelby County Circuit Court, and the parties agreed that Texas law was applicable. The trial court granted summary judgment for defendant, and plaintiff appeals. We reverse and remand. Authoring Judge: Judge W. Frank Crawford Originating Judge:James F. Russell	Shelby County	Court of Appeals	02/19/02
Anne Pope v. Leuty & Heath M2001-00736-COA-R3-CV The receivers of a group of insolvent life insurance companies brought a malpractice action against an accounting firm that had performed allegedly negligent audits of the companies. The accounting firm denied any negligence, and filed a third party complaint against its professional liability insurer, requesting payment of benefits under an expired policy. The trial court dismissed the third-party complaint, ruling that the insurance policy was a claims-made policy and that the insurer was no longer obligated to its former insured. The court certified its order as final for purposes of appeal. We have concluded that the trial court was correct, and we affirm its order. Authoring Judge: Judge Ben H. Cantrell Originating Judge:Irvin H. Kilcrease, Jr.	Davidson County	Court of Appeals	02/19/02
Dept. of Children Serv. vs. Davina Frazier W2001-01935-COA-R3-JV Minor child was removed from mother's custody because mother neglected to provide child with proper medical care and treatment. Mother entered into a permanency plan and child was temporarily placed with a family member. The trial court terminated mother's parental rights to the child, finding clear and convincing evidence that: (1) mother had not substantially complied with the conditions of the permanency plan; (2) there was little likelihood that the conditions leading to child's removal would be remedied in the near future, and that the continuation of the parent-child relationship would greatly diminish the child's chances of early integration into a safe, stable and permanent home. Mother has appealed. We affirm Authoring Judge: Judge W. Frank Crawford Originating Judge:Christy R. Little	Madison County	Court of Appeals	02/19/02
Kenneth R. Griffin v. State of Tennessee E2001-01932-CCA-R3-PC Petitioner, Kenneth R. Griffin, appeals from the trial court's summary dismissal of his petition for post-conviction relief. Pursuant to Tennessee Code Annotated section 40-30-206, the trial court entered an order dismissing the petition without an evidentiary hearing. In its order, the trial court made a finding of fact that the petition contained no verification of any facts under oath. Since the petition was devoid of verified facts upon which the trial court could grant relief, it concluded that a dismissal was required. On appeal, the State agrees with Petitioner that the trial court's judgment should be reversed. After a thorough review of the record, we reverse the judgment of the trial court and remand this case for further proceedings. Authoring Judge: Judge Thomas T. Woodall Originating Judge:Judge Lynn W. Brown	Washington County	Court of Criminal Appeals	02/19/02
Dennis Osagie v. Peakload Temporary Services M2001-00852-COA-R3-CV An employee of a temporary services agency sued the agency for non-payment of wages and for discrimination. The trial court dismissed the claim for non-payment with prejudice, and the claim for discrimination without prejudice. We affirm the trial court. Authoring Judge: Judge Ben H. Cantrell Originating Judge:Hamilton V. Gayden, Jr.	Davidson County	Court of Appeals	02/19/02
Margaret Parker v. The Kroger Company W2002-02279-COA-RM-CV Authoring Judge: Judge W. Frank Crawford Originating Judge:James F. Russell	Shelby County	Court of Appeals	02/19/02
State of Tennessee v. Kenneth England E2001-01253-CCA-R3-CD The Defendant pled guilty to three counts of retaliation for past action, a Class E felony, and the trial court sentenced him to four years on community corrections. Three separate violation warrants were subsequently issued against the Defendant. Following a revocation hearing, the trial court revoked the Defendant’s placement on community corrections and ordered that the Defendant serve his original sentence in the Tennessee Department of Correction. The Defendant now appeals, arguing that the trial court erred in revoking his community corrections sentence and ordering him to serve his sentence in confinement. Finding no error, we affirm the judgment of the trial court. Authoring Judge: Judge Robert W. Wedemeyer Originating Judge:Judge E. Shayne Sexton	Campbell County	Court of Criminal Appeals	02/19/02
Mechanic's Laundry vs. Auto Glass W2001-01113-COA-R3-CV In this breach of contract case, defendant corporation denies liability under the contract because defendant's employee who signed the contract, ostensibly on behalf of the corporation, had no authority to do so. Plaintiff contends that the person signing the contract had apparent authority to act for the corporation. The trial court granted summary judgment to the plaintiff. Defendant appeals. We vacate, render, and remand. Authoring Judge: Judge W. Frank Crawford Originating Judge:George H. Brown	Shelby County	Court of Appeals	02/19/02
Kevin Sanders v. Jerry Mansfield M2001-01893-COA-R3-CV Plaintiffs appeal an injunction preventing them from interfering with county maintenance of a public road running through their property. We affirm the trial court in this matter and uphold the injunction against Plaintiffs. Authoring Judge: Judge William B. Cain	Lincoln County	Court of Appeals	02/19/02
Lorenzo Childress Jr. vs. Union Realty W2001-01742-COA-R3-CV Plaintiff lessee in this case sued defendant landlord for damages associated with loss of personal property, interruption of business, and lost profits which resulted from the collapse of a roof and flooding of plaintiff's leased medical offices. The jury awarded plaintiff $168,000.00 in damages. Defendant appeals, arguing that this is, in effect, a subrogation suit by plaintiff's insurance carrier. We find no evidence that this is a subrogation suit and affirm judgment for plaintiff. Authoring Judge: Judge David R. Farmer Originating Judge:George H. Brown	Shelby County	Court of Appeals	02/19/02
Margaret Parker v. The Kroger Company W2002-02279-COA-RM-CV Authoring Judge: Judge W. Frank Crawford Originating Judge:James F. Russell	Shelby County	Court of Appeals	02/19/02
State of Tennessee v. Otis Campbell W2001-01121-CCA-R3-CD The defendant, Otis Campbell, was convicted of two misdemeanor counts of a three-count indictment and sentenced to eleven months and twenty-nine days for possession of cocaine and possession of marijuana. The trial court ordered that the sentences be served consecutively to each other as well as to two other sentences for which he had earlier been placed into the community corrections program. He timely appealed, presenting as his sole argument the claim that the trial court erred in ordering that all of the sentences be served consecutively. We affirm the judgments of the trial court. Authoring Judge: Judge Alan E. Glenn Originating Judge:Judge Donald H. Allen	Madison County	Court of Criminal Appeals	02/19/02
State of Tennessee v. Jeannie Hudson E2001-00377-CCA-R3-CD After pleading guilty to aggravated assault and receiving a sentence of split confinement of three years with nine months to be served day-for-day, defendant appeals her sentence. She requests full probation or allowance of good conduct credits while serving the incarceration portion of her sentence. We affirm the denial of full probation and reverse that portion of the sentence that provides day-for-day service. We hold that a defendant sentenced to the county jail for less than one year is entitled to earn good conduct credits pursuant to Tennessee Code Annotated section 41-2-111(b). Authoring Judge: Judge John Everett Williams Originating Judge:Judge Rex Henry Ogle	Sevier County	Court of Criminal Appeals	02/19/02
Camila Ray v. State of Tennessee E2001-01189-CCA-R3-PC The petitioner appeals from the Knox County Criminal Court's denying her post-conviction relief from her especially aggravated robbery and especially aggravated kidnaping convictions and resulting concurrent fifteen-year sentences that she received in 2000 based upon her pleas of guilty. She contends that her guilty pleas resulted from the ineffective assistance of counsel in that counsel misadvised her about the percentage of her sentence that she would have to serve in confinement. We affirm the trial court's denial of relief. Authoring Judge: Judge Joseph M. Tipton Originating Judge:Judge Ray L. Jenkins	Knox County	Court of Criminal Appeals	02/19/02
City of Cookeville v. William M. Humphrey M2001-00695-COA-R3-CV This is a declaratory judgment action wherein a private act hospital authority, established pursuant to Tennessee Code Annotated sections 7-57-601 to 604, seeks a declaration that it has the authority to enter into an exclusive contract for professional radiology services, thus limiting the use of imaging equipment and hospital support staff situated in the hospital to such exclusive providers of radiology services. Defendants are four competent radiologists, presently on the medical staff of the hospital, who have also established Premier Diagnostic Imaging Center, LLC to provide outpatient radiology services independent of the hospital. The exclusive contract sought by the hospital would effectively "close" use of the hospital imaging facilities and support staff to all radiologists except the providers named in the exclusive contract. The trial court declared that the hospital was authorized to enter into such an exclusive provider contract, and we affirm the judgment of the trial court. Authoring Judge: Judge William B. Cain Originating Judge:Billy Joe White	Putnam County	Court of Appeals	02/19/02
Judith Steele vs. Columbia Health Care W2001-01692-COA-R3-CV This is a medical malpractice case. Plaintiff's husband, Mr. Steele, arrived at Defendant's emergency room complaining of chest pains. An EKG illustrated that he was suffering a heart attack. Mr. Steele underwent subsequent treatments and an additional EKG. The second EKG was abnormal, and Dr. Urankar, a physician at Defendant's emergency room decided to administer tPA, a "clot busting" drug. While Dr. Urankar was preparing to administer the tPA, Mr. Steele's condition significantly worsened, and he eventually died. At trial, Plaintiff introduced expert testimony from Dr. Carr regarding the applicable standard of care and causation. Defendant objected to portions of Dr. Carr's testimony. The jury awarded Plaintiff damages, and Defendant appeals, citing error in Dr. Carr's testimony. We affirm the decision of the trial court. Authoring Judge: Judge David R. Farmer Originating Judge:William B. Acree	Weakley County	Court of Appeals	02/19/02
Jennifer Branham vs. Jeffery Branham E2003-01253-COA-R3-CV Mother petitioned the Court to relocate to Kentucky with the parties child, which the Trial Court granted. On appeal, we affirm. Authoring Judge: Presiding Judge Herschel P. Franks Originating Judge:Thomas R. Frierson, II	Hamblen County	Court of Appeals	02/19/02
Perr Y M Ar Ch v. Law Renc E Levine, M2000-02955-COA-R3-CV Originating Judge:Frank G. Clement, Jr.	Davidson County	Court of Appeals	02/15/02
Nashville Sash & Door . v. TriStar Builders M2001-01160-COA-R3-CV In this case Nashville Sash and Door, Inc. sued Tristar Builders, Inc. and its two stockholders, Robert J. Ivy and Richard L. Cammeron on a debt arising from credit extended under an application of credit. At the conclusion of the plaintiff's proof the trial judge granted the defendants motion under Rule 41 of the Tennessee Rules of Civil Procedure and dismissed the complaint. Nashville Sash and Door, Inc. has appealed that decision. We affirm the Trial Court. Authoring Judge: Chancellor Jeffrey F. Stewart Originating Judge:Walter C. Kurtz	Davidson County	Court of Appeals	02/15/02
Southwest Williamson County Community Assoc. v. J. Bruce Saltsman M2001-00654-COA-R3-CV A group of Williamson County residents whose property was threatened by highway construction filed a Petition for a Declaratory Order against the Tennessee Department of Transportation. They argued that the Department violated the statute that authorized the project by not complying with the environmental standards for construction of an interstate highway. The Administrative Law Judge denied the petition, and the trial court affirmed the ALJ. We affirm the trial court. Authoring Judge: Judge Ben H. Cantrell Originating Judge:Irvin H. Kilcrease, Jr.	Williamson County	Court of Appeals	02/15/02
State of Tennessee v. Sean E. Miller W2001-02045-CCA-R3-CD The defendant was found guilty by a Shelby County jury of DUI, second offense, and reckless driving. He was sentenced to 11 months and 29 days, all suspended except 60 days for DUI, second offense, and fined $50 for reckless driving. On appeal, he argues: (1) the results of his breath alcohol test were not properly admitted; (2) the evidence was insufficient to support his conviction for reckless driving; (3) the trial court improperly aided the prosecution in the presentation of its case; and (4) the trial court erred in ordering the defendant to consent to breath alcohol tests as a condition of his probation. We reverse the judgments of the trial court, dismiss the charge of reckless driving, and remand the DUI charge to the lower court for a new trial. Authoring Judge: Judge Joe G. Riley Originating Judge:Judge Chris B. Craft	Shelby County	Court of Criminal Appeals	02/15/02
State of Tennessee v. Paul Flannigan W2001-00907-CCA-R3-CD The defendant, Paul Flannigan, was convicted by a Shelby County jury of one count of attempted first degree murder, two counts of especially aggravated robbery, three counts of aggravated rape, and one count of aggravated burglary. He received an effective sentence of 125 years. He appeals, raising two points: (1) there was insufficient proof to support his convictions, and (2) his sentences are excessive. We reverse one conviction for aggravated rape and remand that charge for a new trial; we modify some of the judgments for an effective sentence of 93 years; we affirm in all other respects. Authoring Judge: Judge Joe G. Riley Originating Judge:Judge Arthur T. Bennett	Shelby County	Court of Criminal Appeals	02/15/02
State of Tennessee v. Annetta Bell M2001-00771–CCA-R3-CD The defendant, Annetta Bell, was convicted after a bench trial of theft of property having a value less than $500.00. The trial court imposed a sentence of 11 months and 29 days. All but six months was suspended. In this appeal as of right, the defendant contends that the evidence was insufficient to support her conviction. Authoring Judge: Presiding Judge Gary R. Wade Originating Judge:Judge Donald P. Harris	Williamson County	Court of Criminal Appeals	02/15/02