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| Shirley Williams vs. Donald Thrailkill
W1999-01032-COA-R3-CV
This case involves visitation rights for an aunt of the minor child. In 1992, the aunt and her husband were granted visitation rights by the Shelby County Juvenile Court. In 1997, after the child's father had moved with the child to Tipton County, the aunt and her husband filed a petition in the Tipton County Juvenile Court to hold father in contempt for failing to abide by the visitation order, to change custody, and alternatively to enforce visitation. After an evidentiary hearing, the Tipton County Juvenile Court held that the prior Shelby County Juvenile Court order granting visitation to aunt was in full force and effect and incorporated the Shelby County order and its order by reference. Father has appealed.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:William A. Peeler |
Tipton County | Court of Appeals | 08/28/00 | |
| William Bret Robinson vs. State
E1999-00950-CCA-R3-CD
The state appeals the trial court's exoneration of a bond forfeiture taken against AA Bonding Company. The trial court exonerated the bonding company of the entire bond amount of $8,000, even though the forfeiture was final and the full amount had been paid to the trial court clerk. Concluding that Tenn. Code Annotated section 40-11-204(a) authorizes the action of the trial court and that the record reflects no abuse of the trial court's discretion, even though the trial court granted the exoneration via an $8,000 credit against AA Bonding's future forfeitures in Anderson County, we affirm the trial court's order to grant exoneration; however, we reverse as to the amount of, and the manner of effectuating the refund.
Authoring Judge: Judge J. Curwood Witt, Jr.
Originating Judge:James B. Scott, Jr. |
Anderson County | Court of Criminal Appeals | 08/28/00 | |
| State of Tennessee v. Keith Pettigrew
W2002-02539-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Joseph B. Dailey |
Shelby County | Court of Criminal Appeals | 08/27/00 | |
| Tennessee Pine vs. David/Patty Via
W1999-00558-COA-R3-CV
A timber company filed a declaratory judgment suit to determine its rights and to declare its contract with a landowner valid and enforceable. The trial court modified the contract and declared the contract as modified valid and enforceable. The landowner has appealed and presents the sole issue for review as whether the trial court erred in not holding the contract unenforceable because of laches.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Joe C. Morris |
Madison County | Court of Appeals | 08/25/00 | |
| Shelia Rae Gibbs, et al. v. Robin Media Group, et al. v. Lineberry Properties, Inc.
M1999-00820-COA-R3-CV
This appeal arises from a slip-and-fall accident which occurred on property owned by the Defendant Lineberry Properties and leased by the Defendant Robin Media Group. The latter appeals from the jury verdict entered in the Wilson County Circuit Court. The jury assigned one hundred percent of the fault for the Plaintiff's injuries to Robin Media. After the court denied its motions for remittitur or a new trial, the present appeal arose.
Authoring Judge: Judge Alan E. Highers
Originating Judge:Judge Clara W. Byrd |
Wilson County | Court of Appeals | 08/25/00 | |
| State vs. Orlando Ward
W1999-00609-CCA-R3-CD
Undercover police officers arrested defendant and recovered 2.7 grams of cocaine from his vehicle. Defendant was indicted for possession of cocaine with intent to sell or deliver, a Class C felony. He entered a plea of guilty to the lesser offense of attempt to commit possession of cocaine with intent to sell or deliver, a Class D felony. As a part of the negotiated plea agreement defendant agreed to a sentence of two (2) years as a standard offender. The manner of service was left for determination by the trial court. Defendant now appeals the trial court's finding that he should serve his sentence without the opportunity for alternative sentencing. We affirm the judgment of the trial court.
Authoring Judge: Judge Cornelia A. Clark
Originating Judge:W. Fred Axley |
Shelby County | Court of Criminal Appeals | 08/25/00 | |
| Susan/Donald Smytka vs. Dayton-Hudson
W1999-01751-COA-R3-CV
This appeal arises out of a complaint for personal injuries sustained when the Plaintiff was struck by a shopping cart in the parking lot of the Defendant's store. The Defendant filed a motion for summary judgment arguing that it did not violate the duty of care owed to the Plaintiff. The trial court granted the motion and entered judgment accordingly.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Robert A. Lanier |
Shelby County | Court of Appeals | 08/25/00 | |
| State vs. Jefferson
M1997-00115-SC-R11-PC
This case is before us upon a jury's resentencing of the defendant, James Thomas Jefferson, on his conviction for premeditated first degree murder. In the original appeal, the Court of Criminal Appeals affirmed the conviction, vacated the sentence, and remanded the matter to the trial court for resentencing. On remand, the defendant requested a new jury trial on the merits in addition to the already-ordered resentencing. The trial court denied the request for a new trial. After a new hearing, the jury fixed a sentence of life imprisonment. The defendant appealed of right, challenging the trial court's overruling of his motion for a new trial on the merits. Relying on the "law of the case" doctrine, the Court of Criminal Appeals affirmed the trial court's judgment. We granted the defendant's application for permission to appeal and now hold that the Court of Criminal Appeals properly determined that the law of the case doctrine barred the trial court from granting Jefferson's motion for a new trial. The Court of Appeals is, therefore, affirmed.
Authoring Judge: Justice Adolpho A. Birch, Jr.
Originating Judge:Walter C. Kurtz |
Davidson County | Supreme Court | 08/25/00 | |
| Arzolia Charles Goines vs. State
E1999-02459-CCA-R3-PC
The appellant, Arzolia Charles Goines, appeals the dismissal of his writ of error coram nobis by the Knox County Criminal Court on September 1, 1999. Following a review of the record and the parties' briefs, we affirm the judgment of the trial court.
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:Ray L. Jenkins |
Knox County | Court of Criminal Appeals | 08/25/00 | |
| Wilson vs. Tittle
M2000-00115-COA-R3-CV
This is a child custody case. The mother and father, who were never married, had a child in Tennessee. The mother subsequently married another man and filed petitions in a Tennessee court to establish paternity of the child and for adoption by the stepfather. During the pendency of the suit, the mother and stepfather moved with the child to Texas. The Tennessee court awarded custody of the child to the mother but denied the mother's petition for adoption. The court awarded the father visitation. Later, the father filed petitions in the Tennessee court for contempt and for change of custody, arguing that the mother had refused to allow him visitation. Mother subsequently filed a petition in a Texas court to modify the Tennessee court's prior order. The Tennessee court found that the mother's denial of the father's visitation rights was a substantial change of circumstances and that the best interests of the child favored an award of custody to the father. The mother appeals. We affirm.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Arthur E. Mcclellan |
Sumner County | Court of Appeals | 08/25/00 | |
| State vs. Swindle
M1998-00362-SC-R11-CD
This is an appeal from the Criminal Court for Davidson County, which convicted the defendant of two counts of facilitation of child rape and two counts of aggravated sexual battery. The defendant appealed, arguing that the trial court erred in failing to instruct the jury on Class B misdemeanor assault as a lesser-included offense of aggravated sexual battery. After the Court of Criminal Appeals affirmed the convictions, the defendant sought, and this Court granted, permission to appeal on the following issue: whether the trial court erred in failing to instruct the jury on Class B misdemeanor assault as a lesser-included offense of aggravated sexual battery. We hold that Class B misdemeanor assault is a lesser-included offense of aggravated sexual battery and that it was error for the trial court not to instruct the jury accordingly. Nevertheless, having determined that such error was harmless, the defendant's convictions for aggravated sexual battery are affirmed.
Authoring Judge: Justice William M. Barker
Originating Judge:Seth W. Norman |
Davidson County | Supreme Court | 08/25/00 | |
| Gary Wayne Robertson vs. Lori Vanhooser Robertson
E2000-01698-COA-RM-CV
The Supreme Court granted Mr. Robertson's application for permission to appeal and remanded this case to us "for reconsideration in light of Crabtree vs. Crabtree [16 S.W.3d 356 (Tenn. 2000)]." Upon reconsideration, we adhere to our original opinion.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:W. Neil Thomas, III |
Hamilton County | Court of Appeals | 08/25/00 | |
| State vs. Arthur Clark
W1999-01747-CCA-R3-CD
The defendant was found guilty by a Shelby County jury on two counts of rape. The second count of the indictment, charging rape of a "physically helpless" victim, was merged by the trial court with the first count, charging forcible rape; and the defendant was sentenced to eight years and three months. In this appeal as of right, he argues the trial court should have forced the State to elect one count of the indictment upon which to proceed. He further challenges the sufficiency of the evidence as to both counts of the indictment. We conclude the State was not required to make an election. We further conclude that the evidence is sufficient to support the defendant's conviction for forcible rape, but not rape of a "physically helpless" victim. Thus, we remand to the trial court for entry of a new judgment in accordance with this opinion.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Chris B. Craft |
Shelby County | Court of Criminal Appeals | 08/25/00 | |
| Darlene Versa v. Policy Studies, Inc.
E2000-00030-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Lawrence H. Puckett |
McMinn County | Court of Appeals | 08/25/00 | |
| Underground, Inc., d/b/a The Underground, vs. City of Knoxville
E2000-00609-COA-R3-CV
The Beer Board summarily suspended Petitioner's licence to sell beer and following a hearing, revoked the permit. On appeal to Chancery Court, the Chancellor upheld the revocation. We affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Daryl R. Fansler |
Knox County | Court of Appeals | 08/25/00 | |
| Colbaugh vs. Colbaugh
M1999-00755-COA-R3-CV
This is a post-divorce visitation case. The mother and father lived with their infant child in Columbia, Tennessee. After the couple separated, the mother took the parties' child to her hometown of Bowling Green, Kentucky, over one hundred miles from Columbia. Upon the parties' divorce, the trial court awarded custody of the child to the mother and visitation to the father for twelve days each month, no greater than fourteen days apart. The trial court ordered the mother and father to meet halfway between their two residences to exchange the child for the father's visitation. The mother appealed the trial court's visitation schedule, arguing that it adversely affects the child's sense of stability, that it places overly burdensome travel requirements on the mother and the child, and that it is unworkable in this case because of the mother and father's inability to cooperate. We affirm.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Stella L. Hargrove |
Maury County | Court of Appeals | 08/25/00 | |
| Baggett vs. Baggett
M1999-00742-COA-R3-CV
This is a divorce case involving child custody. After awarding the mother temporary custody of the parties' children during the pendency of the case, the trial court granted the father sole custody and granted the mother visitation. The mother appealed the custody award. We affirm.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Allen W. Wallace |
Houston County | Court of Appeals | 08/25/00 | |
| John B. Tigrett v. Union Planters Bank
W1999-01771-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Robert L. Childers |
Shelby County | Court of Appeals | 08/24/00 | |
| Danny S. Cosby vs State
M1999-01861-CCA-R3-CD
The Appellant, Danny S. Cosby, pleaded guilty to two counts of attempted first degree murder and to two counts of aggravated assault. Pursuant to a plea agreement, the Davidson County Criminal Court sentenced the Appellant to an effective sentence of thirty years in the Tennessee Department of Correction. The Appellant subsequently filed for post-conviction relief, claiming that his plea was constitutionally defective because he was inadequately represented. The trial court denied relief. After review, we affirm the judgment of the trial court.
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Steve R. Dozier |
Davidson County | Court of Criminal Appeals | 08/23/00 | |
| State vs. Willie Smith
W2001-02973-CCA-R3-CD
The defendant, Willie Nathaniel Smith, appeals as of right his conviction by a jury in the Tipton County Circuit Court of delivery of .5 grams or more of cocaine, a Class B felony, and his resulting fifteen-year sentence. He also appeals the concurrent fifteen-year sentences received following his guilty pleas to two additional counts of delivery of .5 grams or more of cocaine. He contends (1) the evidence is insufficient to support his conviction in case number 4149; (2) the trial court erroneously allowed a police investigator to testify about what he heard on a recording device; and (3) his sentences in both cases are excessive. We affirm the judgments of conviction.
Authoring Judge: Presiding Judge Joseph M. Tipton
Originating Judge:Joseph H. Walker, III |
Tipton County | Court of Criminal Appeals | 08/23/00 | |
| Gretchen Bish vs. Sofamor
W1998-00373-COA-R9-CV
These are consolidated interlocutory appeals of products liability suits against the manufacturers of spinal fixation devices. The trial court dismissed plaintiffs' negligence per se claims based on the alleged violation of the Food, Drug and Cosmetics Act (FDCA) and the Medical Device Amendments (MDA). In one of the cases, the trial court also granted defendants' motion in limine to exclude all Federal Drug Administration (FDA) regulatory evidence information and documents concerning the fixation devices. Plaintiffs appeal the rulings of the trial court.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:John R. Mccarroll, Jr. |
Shelby County | Court of Appeals | 08/23/00 | |
| State vs. Eric William Sanders
E1999-00345-CCA-R3-CD
The Defendant pleaded guilty in Sullivan County Criminal Court to violation of a habitual traffic offender order, a Class E felony, and driving under the influence, second offense, a Class A misdemeanor. The Defendant was sentenced to serve one year in the Tennessee Department of Correction as a Range I standard offender for violation of the HTO order and eleven months and twenty-nine days, suspended except for forty-five days, for the DUI. The sentences were to run consecutively. After serving thirty percent of his one-year sentence for violation of the HTO order, the Defendant was released by determinate release to the local jail to serve the remainder of his mandatory forty-five day jail term for the DUI conviction, and he was then released on probation pursuant to determinate release. Within one year of the convictions, two warrants were filed alleging that the Defendant violated the terms of his determinate release for the HTO conviction, but neither warrant made reference to the DUI conviction. Following a hearing, at which the Defendant stipulated that he had absconded as alleged in the second warrant, the trial court revoked the Defendant's probation for the HTO conviction and ordered the Defendant to serve his sentence. The trial court continued disposition of the first warrant to allow the State to file a written motion to amend the first warrant to include the DUI conviction. The trial court then issued a third warrant to amend the first warrant to include the DUI conviction. Following a hearing on the first warrant, as amended, the trial court revoked the Defendant's probation for the DUI conviction and ordered him to serve that sentence as well. The Defendant now appeals, arguing (1) that the trial court did not have jurisdiction to revoke his probation for the DUI conviction, and (2) that the trial court abused its discretion in revoking his probation for the DUI conviction. Finding no error, we affirm the judgment of the trial court.
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:R. Jerry Beck |
Sullivan County | Court of Criminal Appeals | 08/23/00 | |
| State vs. Jeremy Jones
E1999-02207-CCA-R3-CD
The defendant appeals his conviction and sentence for theft of property, asserting that insufficient evidence supported the verdict and that the trial court erroneously sentenced him to three years of incarceration. We affirm the conviction and modify the sentence to two years of incarceration.
Authoring Judge: Judge John Everett Williams
Originating Judge:James Edward Beckner |
Greene County | Court of Criminal Appeals | 08/23/00 | |
| Sarah Anita James vs. Susan Kay Swindell
E1999-02407-COA-R3-CV
This appeal arises out of an automobile accident. The Defendant lost control of her vehicle, crossed three lanes of traffic, and hit Plaintiff's vehicle. Plaintiff suffered injuries and sued Defendant for damages. A jury trial ensued. The jury found Defendant to be 100% at fault and awarded $15,000 in damages to Plaintiff. The Plaintiff filed a motion for a new trial alleging juror misconduct and presented a juror's affidavit in support of her position. The Defendant untimely presented counter affidavits by jurors. The trial court judge granted a new trial based on juror misconduct. At the second trial the jury found the Defendant 100% at fault and awarded Plaintiff $27,608.60 in damages. On appeal, the Defendant claims that the trial court erred in failing to grant Defendant's motion for a directed verdict and in granting a new trial. We affirm the trial court's denial of a directed verdict for the Defendant and reverse the trial court's granting of a new trial based on juror misconduct. We remand the case to the trial court for the reinstatement of the jury verdict at the first trial.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:L. Marie Williams |
Hamilton County | Court of Appeals | 08/23/00 | |
| State vs. Jimmy Wayne Baker
M1999-00454-CCA-R3-CD
The Defendant, Jimmy Wayne Baker, was convicted by a Bedford County jury of first degree felony murder during the perpetration of or the attempt to perpetrate theft of property, first degree premeditated murder, and aggravated arson. The trial court merged the felony murder conviction with the premeditated murder conviction. The Defendant was sentenced as a Range I standard offender to life imprisonment for the first degree murder conviction and to twenty-one years and nine months incarceration for the aggravated arson conviction, to be served concurrently. The Defendant now appeals, arguing the following: (1) that the trial court erred in instructing the jury to determine whether one of the witnesses was an accomplice; (2) that the evidence presented at trial was insufficient to convict the Defendant of premeditated murder, felony murder, or aggravated arson; (3) that the trial court erred in failing to instruct the jury that they must agree unanimously on a particular set of facts to support a finding of first degree felony murder; (4) that his convictions of both premeditated murder and felony murder violated the Double Jeopardy Clause and the Supremacy Clause; (5) that the Defendant was not properly informed of the elements of and facts necessary to constitute the offense of theft of property as the underlying felony in the felony murder conviction; (6) that the Defendant's sentence for aggravated arson was excessive; and (7) that the trial court erred in failing to instruct the jury on all elements of the offenses charged. After review, we affirm the judgment of the trial court.
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:W. Charles Lee |
Bedford County | Court of Criminal Appeals | 08/22/00 |