APPELLATE COURT OPINIONS

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State of Tennessee v. Paul Dennis Reid, Jr. - Concurring

M1999-00803-CCA-R3-DD

I fully concur in Judge Hayes’s thorough, incisive opinion. With respect to a portion of the analysis of the especially aggravated robbery sentencing issues, I concur merely in the results.

Authoring Judge: Judge James Curwood Witt, Jr.
Davidson County Court of Criminal Appeals 05/31/01
State of Tennessee v. Joseph Darryl Taylor

M2000-00525-CCA-R3-CD

Defendant, Joseph Darryl Taylor, was convicted of attempt to commit sexual battery, attempt to commit rape, and aggravated kidnapping. In this appeal as of right, Defendant contends that the evidence adduced at trial concerning all three offenses was insufficient to find him guilty and that the trial court erred when it sentenced Defendant. Following a review of the record, we affirm the judgment of the trial court in part and reverse in part.

Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Judge W. Charles Lee
Marshall County Court of Criminal Appeals 05/31/01
State of Tennessee v. Ernest Soloman

W2000-01176-CCA-R3-CD

The defendant was convicted in the Shelby County Criminal Court of two counts of aggravated robbery, one count of attempted aggravated robbery, and one count of aggravated assault. He appealed the aggravated robbery convictions, arguing that the proof was insufficient to sustain the convictions. We affirm the judgments of the trial court but remand for resentencing as to the conviction for attempted aggravated robbery.

Authoring Judge: Judge Alan E. Glenn
Originating Judge:Judge Carolyn Wade Blackett
Shelby County Court of Criminal Appeals 05/31/01
State of Tennessee v. William R. Stevens

M1999-02067-CCA-R3-DD

The Defendant, William R. Stevens, was convicted of two counts of first degree premeditated murder and one count of especially aggravated robbery, arising out of the deaths of his wife and mother-in-law. For each of his murder convictions, he was sentenced to death. He now appeals as of right, raising the following eleven issues for our review: (1) whether it was error to limit the testimony of crime-scene expert Gregg McCrary; (2) whether it was error to exclude evidence which tended to show that Corey Milliken had an independent motive to commit the murders; (3) whether it was error to admit a redacted version of Sandi Stevens' diary; (4) whether the trial court failed to apply the hearsay and other evidentiary rules in an evenhanded manner; (5) whether the hearsay statements of Corey Milliken to Sarah Suttle should have been excluded as not being "in furtherance of the conspiracy"; (6) whether the cumulative effect of all errors at trial violated the Defendant's right to due process of law; (7) whether instructing the jury that it must agree unanimously in order to impose a life sentence and prohibiting it from being told the effect of a non-unanimous verdict violates the Eighth and Fourteenth Amendments; (8) whether the Tennessee Code Annotated section 39-13-204(i)(4) aggravating circumstance fails to narrow the class of death-eligible defendants in violation of the Eighth and Fourteenth Amendments; (9) whether the failure to articulate meaningful standards for proportionality review mandated by Tennessee Code Annotated section 39-13-206 violates the Defendant's right to due process under the Fourteenth Amendment; (10) whether the unlimited discretion vested in the prosecutor as to whether or not to seek the death penalty violates the Eighth and Fourteenth Amendments; and (11) whether the death penalty is imposed in a discriminatory manner in violation of the Eighth and Fourteenth Amendments. After a thorough review of the record and the relevant legal authorities, we find no reversible error on the part of the trial court. Accordingly, we affirm the Defendant's convictions and his sentences of death.

Authoring Judge: Judge David H. Welles
Originating Judge:Judge Steve R. Dozier
Davidson County Court of Criminal Appeals 05/30/01
Tennessee Farmers Mutual Ins. Co. vs. Robert Westmoreland, et al

E2000-02693-COA-R3-CV
Tennessee Farmers Mutual Insurance Company ("Plaintiff") filed a declaratory judgment action claiming that the homeowner's insurance policy issued to Robert and Elizabeth Westmoreland ("Defendants") was void due to material misrepresentations made on the application for insurance by Mr. Westmoreland. Defendants claim they provided the correct information, but it was incorrectly recorded by the insurance agent. The Trial Court granted Plaintiff's motion for summary judgment. We affirm.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Jeffrey F. Stewart
Rhea County Court of Appeals 05/30/01
Derrick Webb vs. Marvell Collier

W1999-01682-COA-R3-CV
This is a false arrest case. The plaintiff was arrested by one of the defendants, a security guard, in a Kroger grocery store. The plaintiff sued the security guard, Kroger, and others. The uncontroverted evidence showed that the security guard was an employee of a private security firm and not an employee of Kroger. The trial court granted Kroger's motion for summary judgment. We reverse, finding that Kroger may be held liable under some circumstances for the actions of a security guard who is an independent contractor.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Robert A. Lanier
Shelby County Court of Appeals 05/30/01
B. Gayden Pate, et al vs. C & S of Tenn., Inc., et al

M2000-02283-COA-R3-CV
The plaintiffs signed a contract for the purchase of a new home, conditional on their ability to sell their present home and to obtain a mortgage loan. They gave the defendant developer $30,000 as earnest money. When they were unable to sell their home, they asked for the return of the earnest money. The defendant refused, and the purchasers sued. The trial court ordered the defendant to return the $30,000. We affirm, but we modify the court's judgment to assess interest and attorney fees against the sellers.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Leonard W. Martin
Cheatham County Court of Appeals 05/30/01
Richard Lee Franklin v. State of Tennessee

E2000-01398-CCA-R3-PC

In his original trial, the Petitioner, Richard Lee Franklin, was convicted of first degree murder by a Cumberland County jury for the death of David Kirkland. Due to procedural errors at Petitioner's first trial, the trial court granted Petitioner's motion for a new trial. Petitioner was retried and the jury convicted him of second degree murder. The trial court sentenced the Petitioner to twenty-two years of incarceration. State v. Richard Lee Franklin, No. 03C01-9706-CR-00219, 1998 WL 458580, at *1, Cumberland County (Tenn. Crim. App., Knoxville, August 10, 1998), perm. to appeal denied (Tenn. 1999). Subsequently, Petitioner filed a petition for post-conviction relief which was denied. In this appeal as of right, he asserts that the post-conviction court erred in finding his trial counsel's performance to be effective. Specifically, the appellant contends that trial counsel was ineffective for (1) failing to investigate and present witnesses that would support a defense of self-defense; (2) for failing to discuss trial strategies and defenses with the Petitioner; and (3) for failing to request an instruction on self-defense. After review, we affirm the judgment of the trial court.

Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Judge Leon C. Burns, Jr.
Cumberland County Court of Criminal Appeals 05/30/01
George Clayton vs. Betty Clayton

E2000-01413-COA-R3-CV
This is a divorce case. The trial court granted the counter-plaintiff, Betty L. Clayton ("Wife"), a divorce from the original plaintiff, George M. Clayton ("Husband"), on the ground of inappropriate marital conduct; divided the parties' marital property; identified and decreed the distribution of their separate property; and awarded Wife alimony in solido of $325,000, plus attorney's fees of $15,000. Husband appeals the division of property, the amount of the alimony award, and the award of attorney's fees. We affirm.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Lawrence H. Puckett
Monroe County Court of Appeals 05/30/01
Billy Hembree, et al vs. State

M2000-00767-COA-R3-CV
Lester Peavyhouse, having been found not guilty by reason of insanity after an April 1985 attack upon his sister with a hatchet, was committed by the Circuit Court of Stewart County to the Middle Tennessee Mental Health Institute ("MTMHI") in Nashville for involuntary care and treatment on March 1, 1988. In January 1989, he was transferred from MTMHI to Luton Community Mental Health Center subject to a mandatory outpatient therapy plan. In July 1989, he was transferred to Vanderbilt Mental Health Center Adult Outpatient Services section. Ultimately, Peavyhouse enrolled as a student at Austin Peay State University with out patient therapy through Harriet Cohn Center in Clarksville. On October 31, 1991, Peavyhouse entered a private residence in Clarksville with a .410 gauge shotgun and shot to death Misty Harding and Billy Hembree, seriously wounded David Ross and Robert Huff, and committed aggravated assaults upon Charity Baggett, Deanna Shepherd, Walter Scott Palmer, and Jeffery Underwood. Peavyhouse was convicted on all charges and sentenced to two consecutive life terms in prison plus fifty-six years. The estates of Harding and Hembree, together with the other victims of the October 31, 1991 assaults, brought suit against the State of Tennessee before the Tennessee Claims Commission charging MTMHI with negligence in the January 23, 1989 release of Peavyhouse from a secure treatment facility. The Tennessee Claims Commission rendered judgment in favor of the claimants and the State of Tennessee Appeals. We affirm the judgment of the Claims Commission.
Authoring Judge: Judge William B. Cain
Stewart County Court of Appeals 05/30/01
State of Tennessee v. Charles Arthur Reeves

M2000-01201-CCA-R3-CD

The defendant appealed the trial court's loss of jurisdiction when he was transferred into the custody of the Department of Correction. The issue is now moot. Accordingly, this appeal is dismissed.

Authoring Judge: Judge John Everett Williams
Originating Judge:Judge John H. Gasaway, III
Montgomery County Court of Criminal Appeals 05/29/01
Danny J. Wilson v. Fred J. Raney, Warden

W2000-03066-CCA-R3-CV

The petitioner was sentenced to an effective ten-year sentence on December 13, 1990, and on December 20, 1991, he received an additional two-year sentence for felony escape, to be served consecutively to his original sentences. He filed a petition for writ of habeas corpus claiming that he was being illegally restrained because, by his calculations, his sentence had expired. The post-conviction court denied the petition, as well as a subsequent petition to rehear, and the petitioner timely appealed. We affirm the judgment of the trial court denying the petition.

Authoring Judge: Judge Alan E. Glenn
Originating Judge:Judge R. Lee Moore Jr.
Lake County Court of Criminal Appeals 05/29/01
State of Tennessee v. Marlo Jones

W2000-01565-CCA-R3-CD

The defendant was convicted by a jury of aggravated criminal trespass, attempted aggravated assault, and two counts of felony reckless endangerment. The trial court sentenced the defendant to concurrent sentences of eleven months and twenty-nine days for aggravated criminal trespass, two years for attempted aggravated assault, and one year each for both counts of felony reckless endangerment. The defendant was granted probation after service of 120 days. In this appeal, the defendant challenges the trial court's denial of full probation. After a thorough review of the record, we affirm the sentence imposed by the trial court.

Authoring Judge: Judge Joe G. Riley
Originating Judge:Judge Joseph H. Walker, III
Lauderdale County Court of Criminal Appeals 05/29/01
Johnny Wayne Garner and Richard Darrell Miller v. State of Tennessee

M2000-01258-CCA-R3-PC

Both Petitioners appeal from the post-conviction court's denial of their post-conviction relief petitions. The Petitioners claim ineffective assistance of counsel at trial and on appeal for failing to object to an erroneous jury instruction and failing to raise the erroneous jury instruction in their direct appeal. The post-conviction court found the jury instruction to be erroneous; however, it denied relief. After a thorough review, we conclude that the jury instruction was erroneous and prejudicial to the Petitioners and find that trial and appellate counsel were ineffective for failing to object to the erroneous jury instruction at trial and for failing to raise it on direct appeal. Accordingly, we reverse the post-conviction court's denial of relief and remand the Petitioners' cases to the trial court for new trials on the issues of aggravated arson.

Authoring Judge: Judge John Everett Williams
Originating Judge:Judge Stella L. Hargrove
Giles County Court of Criminal Appeals 05/29/01
State of Tennessee v. Michael D. Rimmer

W1999-00637-CCA-R3-DD

This separate opinion addresses issues relative to the sentencing phase of the trial, as well as the defendant’s cumulative error issue. Expressed herein are the views of the majority, consisting of Judge Hayes and Judge Witt. The minority view of Judge Williams is expressed in his lead opinion.

Authoring Judge: Judge James Curwood Witt, Jr.
Shelby County Court of Criminal Appeals 05/25/01
Esseoc Cement Corp. vs. PLC

E2002-01992-COA-R3-CV
ESSROC Cement Corp. ("ESSROC") brought this action against PLC, Inc., formerly known as Paty Lumber Company, seeking judgment in amount of $112,551.43, plus service charges and attorney's fees, as payment for cement and masonry materials which it sold to PLC. After ESSROC filed a motion for summary judgment, the parties reached a settlement agreement whereby PLC agreed to pay ESSROC two installments of $25,000.00. PLC paid the first installment under the agreement but not the second. This prompted ESSROC to file a motion to rescind the settlement agreement on grounds of fraudulent misrepresentation. The Trial Court granted ESSROC rescission of the settlement agreement, and granted summary judgment in ESSROC's favor. We affirm the judgment of the Trial Court.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:G. Richard Johnson
Carter County Court of Appeals 05/25/01
State of Tennessee v. Robert A. Hayden

M2000-00901-CCA-MR3-CD

Indicted for aggravated burglary, aggravated robbery, aggravated sexual battery, two counts of aggravated rape, and especially aggravated kidnapping, the defendant entered negotiated pleas of guilt to aggravated robbery, two counts of aggravated rape, and especially aggravated kidnapping.  The remaining charges were dismissed. After a hearing, the trial court sentenced the defendant as a Range I offender to 12 years for the robbery, 25 years for each of the rapes, and 25 years for the kidnapping. The rape sentences were ordered to be served consecutively to one another and to the robbery sentence, for an effective sentence of 62 years. In this appeal of right, the defendant claims that one of the aggravated rape convictions and the especially aggravated kidnapping conviction violate due process. He asserts that his sentences are excessive and should not have been ordered to be served consecutively. The judgment of the trial court is affirmed.

Authoring Judge: Presiding Judge Gary R Wade
Originating Judge:Judge Timothy L. Easter
Williamson County Court of Criminal Appeals 05/25/01
State of Tn Dpt. of Children's Services vs. Angela Knowles Huffman

E2000-03176-COA-R3-CV
Angela Knowles Huffman appeals a judgment of the Juvenile Court for Sullivan County which terminated her parental rights as to her son, L.T.H. and her daughter, R.E.T. She contends on appeal that the evidence sought to justify termination does not meet the clear and convincing test. We affirm.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:James H. Beeler
Sullivan County Court of Appeals 05/25/01
In the matter of Leola Dedman vs. Mary Murphy

W2000-00086-COA-R3-CV
This appeal arises from an order of the Probate Court of Shelby County surcharging George Henderson, executor and trustee of the estate of Leola Dedman, in the amount of $11,018.29. This Court granted Mr. Henderson's T.R.A.P. Rule 10 Application for Extraordinary Appeal as to the surcharge. For the reasons stated herein, we affirm the trial court's decision.

Originating Judge:Robert S. Benham
Shelby County Court of Appeals 05/25/01
Curtis Majors v. State of Tennessee

M1999-02138-CCA-R3-PC

The Petitioner was indicted for three counts of aggravated robbery and convicted by a Davidson County jury of one count of aggravated robbery and two counts of aggravated assault. The trial court sentenced him as a Range II, multiple offender to an effective sentence of seventeen years, and on direct appeal, this Court modified his sentence to an effective sentence of fifteen years. The Tennessee Supreme Court denied permission to appeal. The Petitioner subsequently filed a petition for post-conviction relief, arguing that he received ineffective assistance of counsel at trial because his attorneys failed to challenge two of his indictments prior to trial. Following a hearing, the trial court denied post-conviction relief, and the Petitioner now appeals the trial court's denial of relief. We hold that the Petitioner received effective assistance of counsel at trial and therefore affirm the judgment of the trial court.

Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Judge J. Randall Wyatt, Jr.
Davidson County Court of Criminal Appeals 05/25/01
Gregory Hatton v. State of Tennessee

M2000-00756-CCA-R3-PC

The petitioner, Gregory Hatton, sought post-conviction relief on the grounds that his trial counsel was ineffective, that his guilty pleas were not knowing and voluntary, and that his sentence is illegal. The trial court concluded that the petition was barred by the statute of limitations. Insofar as an illegal sentence is subject to correction at any time, the trial court's dismissal of the petitioner's illegal sentence claim was erroneous. Because, however, the petitioner is not entitled to relief on that claim, the judgment of the trial court is affirmed.

Authoring Judge: Presiding Judge Gary R Wade
Originating Judge:Judge Jim T. Hamilton
Giles County Court of Criminal Appeals 05/25/01
2000-00197-COA-R3-CV

2000-00197-COA-R3-CV

Originating Judge:Pat Hess
Anderson County Court of Appeals 05/25/01
State of Tennessee v. Brenda Redwine

E2000-01824-CCA-R3-CD

The defendant, Brenda Redwine, after pleading guilty to possession of Schedule II drugs and simple possession of marijuana, properly reserved a certified question of law for our review. The Johnson County Criminal Court denied her motion to suppress a search warrant that was issued on January 6, 1999. The defendant asserts, by certified question of law, that the search warrant was not properly issued because the affidavit that was the basis for the warrant contained material misrepresentation by the officer. After review, we affirm the trial court's denial of the defendant's motion to suppress.

Authoring Judge: Judge John Everett Williams
Originating Judge:Judge Robert E. Cupp
Johnson County Court of Criminal Appeals 05/25/01
Vernon Bernard Love v. State of Tennessee

W2000-02808-CCA-R3-PC

The petitioner was originally convicted by a Carroll County jury of the sale of a controlled substance.  The conviction was affirmed on direct appeal. The petitioner sought post-conviction relief, which was denied by the post-conviction court. In this appeal as a matter of right, the petitioner contends that his trial counsel provided ineffective assistance of counsel. After a thorough review of the record, we conclude that the trial court correctly denied post-conviction relief.

Authoring Judge: Judge Joe G. Riley
Originating Judge:Judge Julian P. Guinn
Carroll County Court of Criminal Appeals 05/25/01
James Byron Transou v. State of Tennessee

W2000-01060-CCA-R3-PC

The petitioner, James Byron Transou, appeals the trial court's denial of his petition for post-conviction relief. The issues presented for review are (1) whether the petitioner was denied his constitutional right to self-representation; (2) whether the denial of a motion for continuance is a basis for relief; (3) whether the election on the charge made by the state is a basis for relief; and (4) whether the petitioner was denied the effective assistance of counsel. The judgment is affirmed.

Authoring Judge: Presiding Judge Gary R Wade
Originating Judge:Judge Joe C. Morris
Madison County Court of Criminal Appeals 05/25/01