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| Saddler vs. Saddler
M1999-01258-COA-R3-CV
This appeal arises from a dispute between Plaintiff Dwight Saddler and Defendants Leonard and Paula Saddler regarding the ownership of a piece of real property in the estate of Edwina Groom Saddler known as the Hancock Farm. The trial court awarded this property to Dwight Saddler, finding that he is the owner of the property as the beneficiary of a resulting trust. Because we agree that Dwight Saddler has proven with the required degree of certainty that the Hancock Farm is the subject of a resulting trust in his favor, we affirm the ruling of the trial court.
Authoring Judge: Judge David R. Farmer
Originating Judge:Robert P. Hamilton |
Wilson County | Court of Appeals | 07/27/00 | |
| Wyatt vs. State
E1998-00097-SC-R11-CO
This is an appeal from the judgment of the Bledsoe County Criminal Court, which denied the defendant's petition for habeas corpus relief. The Court of Criminal Appeals affirmed the trial court's denial of the petition, rejecting the defendant's argument that his original indictment, which charged attempted first-degree murder by an "attempt to kill," was insufficient for failing to allege an overt act and thus failed to confer jurisdiction on the trial court. We granted the defendant's application for permission to appeal. We hold that the indictment in this case sufficiently alleges an act as required by the criminal attempt statute in stating that the defendant "did . . . attempt to kill" and that habeas corpus relief was thus properly denied. Accordingly, we affirm the lower courts' judgments.
Authoring Judge: Justice E. Riley Anderson
Originating Judge:Thomas W. Graham |
Bledsoe County | Supreme Court | 07/27/00 | |
| State vs. Daniel Christian Russell
M1999-00202-CCA-R3-CD
The appellant, Daniel Christian Russell, referred herein as "the defendant," appeals as of right from the judgment of the Wilson County Circuit Court imposing concurrent sentences for aggravated assault and vandalism. The trial court imposed sentences totaling five (5) years to be served concurrently in the Department of Correction. The defendant presents two appellate issues: 1) whether the length of the sentences imposed by the trial court are excessive; and 2) whether the trial court erred by denying the defendant's request for probation. Because the defendant received illegal concurrent sentences, we vacate the judgments of conviction and remand the case for further proceedings.
Authoring Judge: Sr. Judge L. Terry Lafferty
Originating Judge:J. O. Bond |
Wilson County | Court of Criminal Appeals | 07/27/00 | |
| Hunt vs. Hunt
M1997-00221-COA-R3-CV
This appeal involves the financial aspects of a divorce that ended a seventeen-year marriage. Both parties sought a divorce, and following a bench trial, the Chancery Court for Sumner County granted the wife a divorce based on the husband's inappropriate marital conduct. The trial court awarded the wife most of the marital estate, apart from the parties' pensions. The court also directed the husband to pay most of the marital debt and a portion of the wife's legal expenses. While the trial court did not require the husband to pay long-term alimony, it required him to pay $4,200 in alimony in solido. The wife asserts on this appeal that the trial court should have awarded her a greater portion of the marital estate and permanent spousal support. We have determined that the trial court's distribution of the marital estate is essentially equitable. However, in light of the length of the marriage and the disparity in income, we have determined that, in addition to the alimony in solido, the husband should pay the wife $120 per month beginning after his last alimony in solido payment through January 2007.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Thomas E. Gray |
Sumner County | Court of Appeals | 07/27/00 | |
| Green vs. Johnson
M1999-00808-COA-R3-CV
James R. Green appeals the trial court's final judgment dismissing his petition to establish the parentage of A.G.J., the minor daughter of Appellee Jennifer Leigh Johnson. Green previously filed a petition to establish parentage in April 1997, but this petition was dismissed with prejudice based on Green's failure to prosecute the action. In June 1999, Green filed the present petition in which he sought relief identical to that sought in the earlier petition. We agree with the trial court's ruling that Green's present petition is barred by principles of res judicata, and we affirm the trial court's judgment of dismissal.
Authoring Judge: Judge David R. Farmer
Originating Judge:Tom E. Gray |
Sumner County | Court of Appeals | 07/27/00 | |
| Johnson vs. Sumner Regional Health Systems
M2000-00248-COA-R3-CV
James Johnson, as the next of kin and natural son of Belvia Johnson, appeals the trial court's final judgment dismissing his medical malpractice action against Appellee Sumner Regional Health Systems, Inc., d/b/a Sumner Regional Medical Center. Belvia Johnson (Decedent) sustained injuries when she fell off a gurney while being treated in the Medical Center's emergency room. After the Decedent's death several months later, James Johnson filed a medical malpractice complaint against the Medical Center in which he sought to recover for the "serious and permanent injuries, pain and suffering, medical expenses, and death" of the Decedent caused by her fall in the emergency room. The trial court entered summary judgment in favor of the Medical Center and dismissed Johnson's medical malpractice complaint based upon Johnson's concession that the record contained no evidence to support his claim that the Decedent's death was caused by the Medical Center's negligence. Our review of the record on appeal reveals that, although Johnson conceded that he lacked proof to support his wrongful death claim, Johnson did have proof to support his medical malpractice claim against the Medical Center. Specifically, the record contains evidence that, as a proximate result of the Medical Center's negligence, the Decedent suffered injuries that otherwise would not have occurred. Accordingly, we reverse the trial court's judgment of dismissal, and we remand this cause for further proceedings consistent with this opinion.
Authoring Judge: Judge David R. Farmer
Originating Judge:Arthur E. Mcclellan |
Sumner County | Court of Appeals | 07/27/00 | |
| Roane County, TN vs. Christmas Lumber Co.
E1999-00370-COA-R9-CV
This is a condemnation case. The trial court entered an order finding that Roane County ("the County") has the right to condemn the respondents' property for use as an industrial park. We granted the respondents' application for an interlocutory appeal to review the trial court's determination that the County has the right to condemn the subject property. Finding that the County's petition is legally deficient, we vacate the trial court's order and remand for further proceedings.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Russell E. Simmons, Jr. |
Roane County | Court of Appeals | 07/27/00 | |
| Monceret vs. The Board of Professional Responsibility
E1999-00545-SC-R3-CV
This is an appeal from the Knox County Chancery Court, which affirmed a hearing panel's ruling that the appellant violated Tenn. R. Sup. Ct. 8, DR 7-104(A)(1) by deposing a witness that he knew to be represented by counsel. We hold that the chancery court correctly determined that the term "party" used in DR 7-104(A)(1) is not limited to the named plaintiff or defendant in a lawsuit and may also include a witness who is represented by counsel. We further hold that the protection of the Rule cannot be waived by the party but only by the party's lawyer. Accordingly, we affirm the judgment.
Authoring Judge: Justice E. Riley Anderson
Originating Judge:Irvin H. Kilcrease, Jr. |
Knox County | Supreme Court | 07/27/00 | |
| State vs. William Blaine Campbell
E1999-02208-CCA-R3-CD
The defendant appeals the sentence imposed for the offense of furnishing alcohol to a minor. The defendant contends that he should have been granted judicial diversion and full probation. We affirm the trial court.
Authoring Judge: Presiding Judge Joseph M. Tipton
Originating Judge:Lynn W. Brown |
Washington County | Court of Criminal Appeals | 07/26/00 | |
| State vs. Ralph Dewayne Moore
E1999-02743-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Originating Judge:E. Eugene Eblen |
Roane County | Court of Criminal Appeals | 07/26/00 | |
| State vs. John Clark Garrison
E1999-00121-CCA-R3-CD
On August 3, 1992, the defendant pled guilty to two counts of theft under Tennessee Code Annotated sections 39-14-103, -105(4). The defendant was sentenced to two consecutive nine-year sentences and ordered to pay restitution in the amount of $51,000. On June 8, 1999, the defendant filed a Motion to Correct Illegal Sentence. It was denied. In this appeal, the defendant contends that 1) the trial court erred in its finding that the defendant's sentence of incarceration and restitution was legal as a matter of law; and 2) the trial court erred by finding that the defendant knowingly and voluntarily entered into a plea agreement involving an illegal sentence. After a careful review, we find no merit in these issues, and find that the defendant's sentence is legal. The defendant's sentence of incarceration and the court's imposition of restitution is affirmed.
Authoring Judge: Judge John Everett Williams
Originating Judge:Lynn W. Brown |
Knox County | Court of Criminal Appeals | 07/26/00 | |
| Joseph Lebron Derrick vs. State
E1999-02646-CCA-R3-PC
The Defendant was convicted by a Hamilton County jury of second degree murder and was sentenced to twenty-years incarceration. On direct appeal, this Court affirmed his conviction and sentence, and the Tennessee Supreme Court denied permission to appeal. The Defendant subsequently filed a post-conviction petition, alleging that he was denied his right to effective assistance of counsel and his right to a fair trial. The post-conviction court denied post-conviction relief. We conclude that the Defendant was denied neither his right to effective assistance of counsel at trial nor his right to a fair trial. Accordingly, we affirm the judgment of trial court denying post-conviction relief.
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Stephen M. Bevil |
Hamilton County | Court of Criminal Appeals | 07/26/00 | |
| Tatum Carter v. Wal-Mart Stores, Inc.
M1999-01520-WC-R3-CV
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. _ 5-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. As discussed below, the panel has concluded the judgment of the trial court granting the appellee summary judgment should be reversed.
Authoring Judge: Kurtz, Walter C., Sp. J.
Originating Judge:Hon. Don R. Ash, Judge |
Carter County | Workers Compensation Panel | 07/26/00 | |
| State vs. Gary Anthony Burns
E1999-02610-CCA-R3-CD
The Defendant, Gary Anthony Burns, pleaded guilty to two counts of theft over $500.00. The trial court sentenced the Defendant as a Range I standard offender to two years on each theft count and ordered the sentences to be served concurrently. The trial court then suspended the two-year sentence and ordered the Defendant to be placed on six years probation after service of ninety days in the Sullivan County jail, day for day. The Defendant now appeals, arguing that the trial court unlawfully denied him alternative sentencing. We conclude that the Defendant's sentence is proper and therefore affirm the judgment of the trial court.
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Phyllis H. Miller |
Sullivan County | Court of Criminal Appeals | 07/26/00 | |
| State vs. Doyle Stevens
E1999-02097-CCA-R3-CD
In July 1999, the defendant entered a plea of nolo contendre on two counts of vehicular homicide and one count of aggravated assault. The defendant contends that the trial court erred by not granting judicial diversion. We conclude that the defendant was not a "qualified defendant" for judicial diversion. His 1992 conviction for driving while under the influence of an intoxicant qualifies as a Class A misdemeanor, and therefore he is not "qualified" for judicial diversion. Accordingly, we affirm the judgment of the trial court.
Authoring Judge: Judge John Everett Williams
|
Blount County | Court of Criminal Appeals | 07/26/00 | |
| State vs. Allen Bowers, Jr.
E1999-00882-CCA-R3-CD
A Bledsoe County jury convicted the Defendant of rape of a child, and the trial court sentenced the Defendant to eighteen years in the Tennessee Department of Correction. The Defendant now appeals, arguing (1) that his conviction should be reversed because a prospective juror for this case stated in the presence of other prospective jurors that he had been a prospective juror in a previous criminal case in which the Defendant was on trial; (2) that the trial court erred by not ordering a new trial for the Defendant based on a letter that the Defendant's mother received from the victim subsequent to the Defendant's trial in which the victim stated that "nothing happened" between the Defendant and the victim; (3) that the trial court erred by not granting the Defendant a new trial based on evidence presented during the hearing on the Defendant's motion for new trial that a document introduced into evidence at trial as a filed divorce complaint had actually not been filed and contained prejudicial and improper statements about the Defendant; (4) that the State, during its closing argument, improperly mentioned facts not in the record; (5) that the trial court erroneously instructed the jury concerning a "deadlock" in a supplemental instruction; and (6) that the trial court erred by giving the jury the dictionary definition of "captious" and by sending the definition in writing to the jury room without reading it to the jury. After a thorough review of the record, we find no reversible error and therefore affirm the judgment of the trial court.
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Thomas W. Graham |
Bledsoe County | Court of Criminal Appeals | 07/26/00 | |
| State vs. Robert Wayman
E1999-02042-CCA-R3-CD
The defendant pled guilty to reckless vehicular homicide, simple possession of marijuana, and sale of a Schedule VI controlled substance. The trial court sentenced the defendant to four years incarceration in the Tennessee Department of Correction (DOC), and the defendant appeals from this sentence, requesting probation. We affirm the sentence of incarceration from the trial court.
Authoring Judge: Judge John Everett Williams
Originating Judge:E. Eugene Eblen |
Loudon County | Court of Criminal Appeals | 07/26/00 | |
| M1999-00299-SC-OT-RL
M1999-00299-SC-OT-RL
|
Supreme Court | 07/26/00 | ||
| State vs. Robert Bentley Miller
E1999-00970-CCA-R3-CD
The Defendant, pursuant to a plea agreement, pleaded guilty as a Range II multiple offender to two counts of facilitation of the sale of a Schedule IV drug (a Class E felony) and three counts of facilitation of the sale of a Schedule VI drug (a Class A misdemeanor). The Defendant received sentences of three years for each of the felonies and eleven months, twenty-nine days for each of the misdemeanors. All five sentences were to be served concurrently, for an effective sentence of three years. The manner of service of the sentence was not part of the plea agreement but was to be decided by the trial court after a sentencing hearing. At the sentencing hearing, the trial court determined that the sentence should be served in the Department of Correction. In this appeal, the Defendant argues that he was wrongfully denied probation or alternative sentencing. Finding no merit to the Defendant's argument, we affirm the ruling of the trial court.
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:R. Jerry Beck |
Sullivan County | Court of Criminal Appeals | 07/26/00 | |
| M1999-00299-SC-OT-RL
M1999-00299-SC-OT-RL
|
Supreme Court | 07/26/00 | ||
| Reagan vs. Troy Malone, Sandra Malone and Dan Connelly
E1999-01846-COA-R3-CV
On a Rule 60, T.R.C.P. motion of plaintiff, the Chancellor combined judgments and added interest as one judgment. On appeal, the combined judgment was vacated.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:W. Frank Brown, III |
Hamilton County | Court of Appeals | 07/25/00 | |
| Morgan Lewis Ray vs. State
M1999-00531-CCA-R3-CD
Morgan Lewis Ray appeals his conviction by a jury in the Bedford County Circuit Court of one count of driving under the influence, fifth offense, a class A misdemeanor, and one count of driving on a revoked license, second or subsequent offense, a class A misdemeanor. The trial court imposed a sentence of eleven months and twenty-nine days incarceration in the Bedford County Jail for driving under the influence, requiring service of one hundred percent of the sentence. The trial court also imposed a sentence of eleven months and twenty-nine days incarceration for driving on a revoked license, requiring service of seventy-five percent of the sentence. On appeal, the appellant presents the following issue for review: whether the evidence produced at trial was sufficient to support both convictions. Following a review of the record and parties' briefs, we affirm the judgment of the trial court.
Authoring Judge: Per Curiam
|
Bedford County | Court of Criminal Appeals | 07/25/00 | |
| State vs. Matthew Johnston
E1999-00496-CCA-R3-CD
A Roane County jury convicted the Defendant of theft of an automobile valued at greater than $1,000.00, a Class D felony. He now appeals, arguing that the trial court erred in failing to instruct the jury on the lesser-included offense of unauthorized use of an automobile. We conclude that the trial court erred in failing to instruct the jury on the requested lesser-included offense but that the error was harmless beyond a reasonable doubt. Therefore, we affirm the judgment of the trial court.
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:E. Eugene Eblen |
Roane County | Court of Criminal Appeals | 07/25/00 | |
| State vs. Robert D. Ring
E1999-02088-CCA-R3-CD
After pleading guilty to vehicular homicide by intoxication, a Class B felony, the trial court ordered the defendant to serve his eight-year sentence on intensive probation, in-house arrest circumstances, subject further to the following conditions: (a) zero use of alcohol; (b) not own or drive an automobile; (c) alcohol counseling after evaluation; (d) payment of liquidated restitution to the victim's family within twenty-four (24) months; (e) any other conditions deemed prudent after intake of the Probation Department. The State appeals and asserts that the trial court erred in placing this defendant on probation because the trial court failed to consider the victim's impact testimony at the sentencing hearing. We agree that the trial court misapplied the applicable law characterizing the victim's impact testimony as a "victim's impact statement" and unduly limited the consideration of such statement to enhancing and mitigating factors. However, after de novo review of the record, we affirm the trial court's judgment, after considering all evidence presented, including the victim's impact testimony, concluding that the factors favoring an alternative sentence, specifically intensive probation, clearly outweigh any factors favoring incarceration.
Authoring Judge: Judge John Everett Williams
Originating Judge:R. Jerry Beck |
Sullivan County | Court of Criminal Appeals | 07/25/00 | |
| Christine Griffin v. Fireman's Fund Insurance Company,
W1999-02150-WC-R3-CV
This worker's compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. _5-6-225 (e)(3) for hearing and reporting of findings of fact and conclusions of law. The employer's insurance company, Fireman's Fund Insurance Company, appeals the judgment of the Chancery Court of Dyer County where the trial court held that future medical treatment would remain open in the two workers' compensation cases filed by the plaintiff, Ms.Griffin; and if the plaintiff required future medical care, a determination of responsibility would be made based upon the facts presented at that time. For the reasons stated in this opinion, We affirm the judgment of the trial court.
Authoring Judge: Weatherford, Sr. J.
Originating Judge:J. Steven Stafford, Chancellor |
Dyer County | Workers Compensation Panel | 07/25/00 |