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| State of Tennessee v. James Wesley Osborne
E1999-01071-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:O. Duane Slone |
Jefferson County | Court of Criminal Appeals | 08/22/00 | |
| State vs. John D. Brown
E1999-02217-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Originating Judge:R. Steven Bebb |
McMinn County | Court of Criminal Appeals | 08/22/00 | |
| Shelbourne vs. Shelbourne
M1999-02557-COA-R3-CV
The trial court granted the wife a divorce, awarded her custody of the parties' minor child, divided the marital property, and ordered the husband to pay rehabilitative alimony for two years. We affirm
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Muriel Robinson |
Davidson County | Court of Appeals | 08/22/00 | |
| State vs. William Livingstone, Jr.
E1999-01362-CCA-R3-CD
A Hamblen County jury convicted the Defendant of three counts of obtaining prescription drugs by fraud, and the trial court sentenced him as a Range II persistent offender to six years incarceration for each count, with the sentences to be served concurrently, but consecutive to a previous conviction for which he received a twenty-one-year sentence. On appeal, the Defendant argues: (1) that he was improperly arraigned; (2) that the evidence is insufficient to support his convictions; (3) that a mistrial should have been ordered by the trial court when a witness speculated that the Defendant might have been Sheriff of Grainger County at one time; (4) that the trial court erred by failing to grant the Defendant's motion for a change of venue; (5) that the trial court should have recused itself; and (6) that the Defendant was denied a speedy trial. Finding no merit to these allegations, we affirm the judgment of the trial court.
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:James E. Beckner |
Hamblen County | Court of Criminal Appeals | 08/22/00 | |
| Goggin Truck Line Co. vs. Brake Pro
M1999-01277-COA-R3-CV
This appeal arises from a breach of contract case initiated by Goggin Truck Line Company, Inc. ("Goggin") against Brake Pro, Inc. ("Brake Pro"). Goggin sought payment for unpaid freight shipping services provided to Brake Pro. In addition, as provided for under a company tariff, Goggin sought recovery of an additional amount because of the necessity to initiate legal action. The court below found in favor of Goggin. Brake Pro appeals.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Lee Russell |
Bedford County | Court of Appeals | 08/22/00 | |
| 25840-COA-R3-CV
25840-COA-R3-CV
Originating Judge:Samuel H. Payne |
Hamilton County | Court of Appeals | 08/22/00 | |
| State vs. Donald Ree Jones
M2000-00381-CCA-R3-CD
The defendant, Donald Ree Jones, challenges the trial court's dismissal of his motion to correct an illegal sentence. He argues that his sentence is illegal because his agreed sentence pursuant to a guilty plea following the remand of his case was higher than his initial sentence, which was overturned on appeal. We hold that a defendant may not bring an appeal as of right from the dismissal of a motion to correct an illegal sentence and that an illegal sentence is properly challenged in a petition for habeas corpus relief. Treating this appeal as a petition for a writ of certiorari, we hold that the defendant's sentence is legal and decline to grant the petition.
Authoring Judge: Presiding Judge Joseph M. Tipton
Originating Judge:J. O. Bond |
Wilson County | Court of Criminal Appeals | 08/22/00 | |
| Johnson vs. Traughber
M1999-02472-COA-R3-CV
Appellant, Edward Johnson, is an inmate in the Tennessee Department of Corrections, and in this case, he has filed a Petition for Common Law Certiorari to review a denial of parole by the Board of Paroles. The Chancery Court of Davidson County sustained a motion to dismiss his petition, and we affirm the judgment of the Chancellor.
Authoring Judge: Judge William B. Cain
Originating Judge:Carol L. Mccoy |
Davidson County | Court of Appeals | 08/22/00 | |
| State vs. Cornelius Michael Hyde
E2000-00042-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Originating Judge:D. Kelly Thomas, Jr. |
Blount County | Court of Criminal Appeals | 08/22/00 | |
| Jerrell Livingston vs. James Dukes
W2000-00840-CCA-R3-CD
This appeal results from the trial court's denial of the petitioner's petition for writ of habeas corpus based on the fact that the challenged judgment was not invalid on its face, nor had the petitioner's sentence expired. The court also considered this request as a petition for post-conviction relief but dismissed the petition for lack of jurisdiction. Based upon our review of the record, we affirm the trial court's dismissal of the petitioner's request for habeas corpus or post-conviction relief.
Originating Judge:Joseph H. Walker, III |
Lauderdale County | Court of Criminal Appeals | 08/22/00 | |
| W1999-1453-CCA-R3-PC
W1999-1453-CCA-R3-PC
Originating Judge:John P. Colton, Jr. |
Shelby County | Court of Criminal Appeals | 08/22/00 | |
| State vs. Paul Andrew Thompson
E2000-01224-CCA-R3-CD
The defendant appeals his conviction for first degree murder and sentence of life imprisonment without parole, contending (1) that the evidence was insufficient to establish premeditation, (2) that the testimony of Kimberly Johnson, the victim's ex-stepdaughter, was improperly excluded, and (3) that the evidence was insufficient to establish the aggravating circumstance of mutilation of the body. We affirm the defendant's conviction and sentence.
Authoring Judge: Presiding Judge Joseph M. Tipton
Originating Judge:James E. Beckner |
Hancock County | Court of Criminal Appeals | 08/22/00 | |
| State vs. Cornelius Michael Hyde
E2000-00042-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Originating Judge:D. Kelly Thomas, Jr. |
Blount County | Court of Criminal Appeals | 08/22/00 | |
| State vs. Charles Sherman Thaxton
E1999-02091-CCA-R3-CD
The defendant appeals his convictions for two counts of aggravated sexual battery. He contends that the trial court erred (1) by allowing rebuttal testimony of a prior consistent statement and (2) by failing to give a limiting instruction. We affirm the judgment of the trial court.
Authoring Judge: Presiding Judge Joseph M. Tipton
Originating Judge:Ray L. Jenkins |
Knox County | Court of Criminal Appeals | 08/22/00 | |
| State vs. Michael G. Waldrum
M1999-01924-CCA-R3-CD
The defendant appeals his conviction for DUI, fourth offense, contesting the sufficiency of the evidence supporting his conviction; the validity of his seizure and arrest; and the admissibility of the breath alcohol test result, the breath alcohol test operator's videotaped former testimony, and the breath alcohol test machine's certification documents. We conclude that the trial court erred in finding the breath test operator unavailable and that his videotaped testimony should not have been allowed. We reverse the judgment of conviction and remand the case for a new trial.
Authoring Judge: Presiding Judge Joseph M. Tipton
Originating Judge:Timothy L. Easter |
Williamson County | Court of Criminal Appeals | 08/22/00 | |
| Israel vs. Williams
M1999-02400-COA-R3-CV
This appeal presents the issue of whether the trial court was correct to grant summary judgment against Plaintiffs regarding their suit for damages resulting from alleged negligent misrepresentation by Defendants. Plaintiffs claim that Defendants made negligent misrepresentations regarding the condition of their house prior to the sale of the house to Plaintiffs. Summary judgment was granted by the trial court. Upon review of this record, we affirm the judgment of the trial court.
Authoring Judge: Judge William B. Cain
Originating Judge:Russell Heldman |
Williamson County | Court of Appeals | 08/22/00 | |
| Christopher Woods vs. Ellis Woods
W1999-00733-COA-R3-CV
This appeal arises from a dispute between Plaintiff Christopher Lamar Woods and Defendant Ellie Joan Woods regarding Mr. Woods' financial obligations under the parties' final decree of divorce. The trial court approved the ruling of the arbitrator, which was that Mr. Woods is responsible for the expense of Ms. Woods' "tummy tuck" and breast reduction surgery but is not responsible for the expense of Ms. Woods' Obagi cream treatments, collagen injections, lip implants, and other topical procedures. For the reasons set forth below, we affirm the ruling of the trial court.
Authoring Judge: Judge David R. Farmer
Originating Judge:D'Army Bailey |
Shelby County | Court of Appeals | 08/22/00 | |
| Charles High vs. P.D.Q. Disposal, Inc., et al
M1999-02310-COA-R3-CV
Plaintiff/Appellant, Charles I. High, appeals dismissal of his pro se complaint filed in the Chancery Court of Davidson County, Tennessee, seeking judicial review of the denial of his application for unemployment benefits. The trial court dismissed the complaint for failure to join indispensable parties. We affirm the Chancellor.
Authoring Judge: Judge William B. Cain
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 08/22/00 | |
| Church vs. Perales
M1997-00227-COA-R3-CV
This appeal involves a dispute between an elderly patient and her physicians regarding their treatment of a severe post-operative infection caused by a bowel perforation that occurred during gynecological surgery. The patient filed suit in the Circuit Court for Davidson County against five physicians and a hospital alleging medical battery and malpractice. The trial court granted a summary judgment to the physicians and the hospital and dismissed the patient's case. On this appeal, the patient takes issue with the summary judgment granted to her gynecologist, a consulting general surgeon, and the gynecologist attending her following surgery in her gynecologist's absence. We have determined that the trial court properly dismissed the patient's medical battery and informed consent claims against her gynecologist. However, we have also determined that the three physicians have not demonstrated that they are entitled to a judgment as matter of law on the patient's medical malpractice claim based on the delay in diagnosing and treating the bowel perforation.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Barbara N. Haynes |
Davidson County | Court of Appeals | 08/22/00 | |
| State ex rel Cihlar vs. Crawford
M1999-00517-COA-R3-CV
This appeal involves Thomas Matthew Cihlar's second attempt to obtain a judicial declaration that he is the father of a child whose mother was married to another man when the child was born. On this appeal, the estranged husband of the child's biological mother asserts that Mr. Cihlar's petition to establish parentage was foreclosed by Evans vs. Steelman. We have determined that the current parentage statutes are constitutional and that they authorize not only Mr. Cihlar, but also the State and Mr. Cihlar's child, to file an action to establish Mr. Cihlar's paternity. Accordingly, we affirm the juvenile court.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Betty Adams Green |
Davidson County | Court of Appeals | 08/22/00 | |
| State vs. Billy Kenneth Hall
E1999-02146-CCA-R3-CD
The defendant appeals his convictions for aggravated kidnapping and aggravated rape, contending that the evidence is insufficient to support his convictions, that the trial court should have granted a continuance to allow him to substitute counsel, and that his attorney was constitutionally ineffective. We affirm the trial court.
Authoring Judge: Presiding Judge Joseph M. Tipton
Originating Judge:Ray L. Jenkins |
Knox County | Court of Criminal Appeals | 08/22/00 | |
| Jimmy Greene vs. State
E2000-00426-CCA-R3-PC
A Blount County jury convicted the Petitioner of the aggravated rape of a person less than thirteen years of age, and the trial court sentenced him to twenty-two years incarceration. His conviction was affirmed on direct appeal. The Petitioner petitioned for post-conviction relief, and the trial court denied his request. He now appeals the trial court's denial of post-conviction relief, arguing that he received ineffective assistance of counsel at trial and on appeal. We conclude that the Petitioner was not denied the effective assistance of counsel and accordingly affirm the judgment of the court below.
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:D. Kelly Thomas, Jr. |
Blount County | Court of Criminal Appeals | 08/22/00 | |
| Lawson vs. Lawson
M2000-00729-COA-R3-CV
The General Sessions Court of Van Buren County awarded the wife a divorce, divided the marital property, and awarded the wife rehabilitative alimony. On appeal the husband attacks the property division and the amount of the alimony. Because the record does not provide a basis for properly assessing the issues raised by the appellant, we affirm with a memorandum opinion.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Samuel E. Benningfield |
Van Buren County | Court of Appeals | 08/22/00 | |
| State vs. John D. Brown
E1999-02217-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Originating Judge:R. Steven Bebb |
McMinn County | Court of Criminal Appeals | 08/22/00 | |
| State vs. Terrence Jackson
W2001-01001-CCA-R3-CD
The defendant appeals the revocation of his probation and reinstatement of his original six-year sentence for aggravated assault. The trial court found the defendant violated the terms of his probation by failing to verify employment, failing to exhibit conduct consistent with good citizenship, and failing to comply with curfew requirements; thus, it revoked his probation. We affirm.
Authoring Judge: Judge Joe G. Riley
Originating Judge:Roy B. Morgan, Jr. |
Madison County | Court of Criminal Appeals | 08/21/00 |