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| The Pointe vs. Lake Mgmt.
W2000-00211-COA-R3-CV
This appeal arises from a declaratory judgment action to determine rights in a privately-owned lake. Plaintiffs purchased land adjacent to the artificially-created lake for the purpose of developing residential lots. Subsequent to the sale of the property, Plaintiffs' grantor conveyed title to the lake to Defendant. Defendant claims it has the right to control use of the lake and that Plaintiffs have no right to lake access without Defendant's permission. The trial court granted Defendant's motion for summary judgment on the grounds that: (1) the lake is unnavigable, and no riparian rights can therefore flow to adjoining landowners; (2) the Defendant, as owner of the land subjacent to the lake, has a right to the unimpeded use and control of the property; and (3) any use of the lake by the adjoining property owners without Defendant's consent would constitute a trespass. Plaintiffs appeal.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Walter L. Evans |
Shelby County | Court of Appeals | 09/20/00 | |
| State of Tennessee v. Michael Brady
II-798-239-A
Originating Judge:Timothy L. Easter |
Williamson County | Court of Criminal Appeals | 09/20/00 | |
| Antonia Regina Rose v. Emerson Motor Company
W1999-02705-SC-WCM-CV
This is an appeal by the defendant/employer. The only issue presented is whether the evidence preponderates against the trial court's award of 35% permanent partial disability to each of the plaintiff's arms. We find it does not and affirm the judgment of the trial court.
Authoring Judge: J. Steven Stafford, Special Judge
Originating Judge:George R. Ellis, Chancellor |
Gibson County | Workers Compensation Panel | 09/20/00 | |
| State vs. Kenneth Ray Jarman
M1999-01382-CCA-R3-CD
The appellant, Kenneth Ray Jarman, pled guilty in the Montgomery County Criminal Court to one count of driving under the influence (hereinafter "DUI"), fourth offense or over, a class E felony; one count of driving on a revoked license, sixth offense, a class A misdemeanor; and one count of violating the open container law, a class C misdemeanor. The trial court sentenced the appellant to two years incarceration in the Tennessee Department of Correction for the DUI conviction, and imposed a $3000 fine. The trial court also sentenced the appellant to eleven months and twenty-nine days incarceration in the Montgomery County Jail for the driving on a revoked license conviction, and imposed a $350 fine. The trial court further sentenced the appellant to thirty days incarceration in the Montgomery County Jail for the violation of the open container law. Additionally, the trial court ordered the appellant's sentences to be served concurrently. The appellant raises the following issues for review: (1) whether the enhancing factors applied by the trial court were inapplicable to this case; and (2) whether the trial court erred in sentencing the appellant to serve the full term of his two-year sentence in the Tennessee Department of Correction. Upon review of the record and the parties' briefs, we affirm in part and modify the judgment of the trial court.
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:John H. Gasaway, III |
Montgomery County | Court of Criminal Appeals | 09/20/00 | |
| Edward F. Curtis vs. Stephen T. Nash, et al
E1999-01135-COA-R3-CV
This appeal arises in the Knox County Circuit Court from a grant of a motion for summary judgment. Edward F. Curtis appeals the grant of summary judgment. We affirm the judgment of the Trial Court and remand for such further proceedings as may be necessary consistent with this opinion. We adjudge costs of appeal against Mr. Curtis and his surety.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Dale C. Workman |
Knox County | Court of Appeals | 09/20/00 | |
| In Re: Paul's Bonding Company, Inc.
M1999-02528-CCA-R3-CD
The appellant, Paul's Bonding Company, Inc., appeals the judgments of the Davidson County Criminal Court ordering complete forfeiture of bail bonds in the cases of criminal defendants Carlos Ramon Ruiz and Castulo Morales Vasquez and partial forfeiture of the bail bond in the case of criminal defendant Reyes Castro. Following a review of the record and the parties' briefs, we affirm the judgments of the trial court.
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:J. Randall Wyatt, Jr. |
Davidson County | Court of Criminal Appeals | 09/20/00 | |
| State of Tennessee v. Beverly K. Meeks
M2000-00435-CCA-MR3-CD
Authoring Judge: Judge David H. Welles
Originating Judge:W. Charles Lee |
Marshall County | Court of Criminal Appeals | 09/20/00 | |
| State vs. Peter George Crehan
M1999-02542-CCA-R3-CD
The defendant was convicted by a Robertson County jury of driving under the influence ("DUI"), third offense, and reckless driving. Defendant claims on appeal that the trial court erred by (1) sustaining his conviction for DUI, third offense, despite the indictment's failure to allege the specific court in Davidson County where he received his two prior DUI convictions; and (2) the evidence was insufficient to sustain his conviction for reckless driving. After a through review of the record, we affirm the judgment of the trial court.
Authoring Judge: Judge Joe G. Riley
Originating Judge:Robert W. Wedemeyer |
Robertson County | Court of Criminal Appeals | 09/20/00 | |
| State vs. Melissa Stearns
M1999-1826-CCA-R3-CD
The appellant, Melissa Ann Stearns, pled guilty in the Williamson County Circuit Court to one (1) count of reckless endangerment, a Class E felony, and one (1) count of evading arrest, a Class E felony. The trial court sentenced the appellant as a Range I offender to concurrent terms of two (2) years for each offense, suspended after service of thirty (30) days in the Williamson County Jail. On appeal, the appellant contends that the trial court erred in ordering her to serve thirty (30) days in jail. After thoroughly reviewing the record before this Court, we hold that, due to the seriousness of the offenses committed by the appellant, the trial court did not err in denying full probation. Therefore, the judgment of the trial court is affirmed.
Originating Judge:Timothy L. Easter |
Williamson County | Court of Criminal Appeals | 09/20/00 | |
| Kenneth L. Storey vs. David J. Poss
E1999-00192-COA-R3-CV
Plaintiff/Appellant is an inmate at West Tennessee High Security Prison in Hennig, Tennessee, pursuant to a conviction for aggravated rape. Defendant, a Tennessee attorney, was appointed by the General Sessions Court to represent Plaintiff at a preliminary hearing on that charge. After that hearing, Plaintiff was bound over to the grand jury for trial. Plaintiff asked the Criminal Court to dismiss Defendant as his counsel and to appoint another attorney. The Criminal Court granted Plaintiff's request and appointed new counsel on April 18, 1996. On August 29, 1997, Plaintiff filed this legal malpractice action against Defendant in Chancery Court asking for damages of $730,000. Defendant filed a Motion for Summary Judgment asserting that there are no genuine issues of material fact and that the one-year statute of limitations for attorney malpractice claims bars Plaintiff's claim. The Chancellor granted Defendant's Motion for Summary Judgment and dismissed Plaintiff's Complaint. We affirm.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Daryl R. Fansler |
Knox County | Court of Appeals | 09/20/00 | |
| State vs. James D. Brazelton
M1999-02477-CCA-R3-CD
The appellant, James D. Brazelton, was convicted by a jury in the Davidson County Criminal Court of one count of possession of marijuana, over 10 pounds but less than 70 pounds, with the intent to deliver, a class D felony. The trial court sentenced the appellant, as a Range II offender, to seven years incarceration in the Tennessee Department of Correction. The appellant raises the following issues for our review: (1) whether the jury's verdict was supported by the evidence; and (2) whether the sentence imposed by the trial court was excessive. Upon review of the record and the parties' briefs, we affirm the judgment of the trial court.
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:Cheryl A. Blackburn |
Davidson County | Court of Criminal Appeals | 09/20/00 | |
| Ernestyne M. Webb v. Shoe City, Inc.,
W1998-00741-WC-R3-CV
This case involves a back injury sustained in 1995 by Ernestyne M. Webb, an employee of Shoe City, Incorporated. The employee brought suit against the employer and its insurer, The Traveler's Insurance Company. The trial court found that the employee had sustained a herniated disk at the L-4 level of her spine and suffered a 15 percent anatomical impairment rating as a result. The court awarded benefits based upon 67.5 percent disability to the body as a whole. The court also found that the employee was not returned to work and declined to apply the two and one-half (2.5) times cap in Tennessee Code Annotated _ 50-6-241(a). The defendants have presented the following issues on appeal: (1) whether the evidence preponderates against the trial court's finding that the plaintiff was not returned to work as required by Tennessee Code Annotated _ 50-6-241(a); and (2) whether the evidence preponderates against the court's finding that the plaintiff suffered a 15 percent anatomical impairment to the body as a whole. We find that we must affirm the trial court's judgment as modified.
Authoring Judge: F. Lloyd Tatum, Senior Judge
Originating Judge:Karen R. Williams, Judge |
Shelby County | Workers Compensation Panel | 09/20/00 | |
| State vs. Charles Ricky Deason
M2000-00497-CCA-R3-CD
The appellant, Charles Ricky Deason, pled guilty in the Montgomery County Circuit Court to one count of driving under the influence (hereinafter "DUI"), seventh offense; one count of leaving the scene of an accident; one count of driving on a revoked license, fourth offense; one count of DUI, second offense; and two counts of misdemeanor assault. The trial court sentenced the appellant to eleven months and twenty-nine days incarceration in the Montgomery County Jail for DUI, seventh offense. The trial court also sentenced the appellant to thirty days incarceration for leaving the scene of an accident, to be served concurrently with the sentence for DUI, seventh offense. Additionally, the trial court sentenced the appellant to an eleven month and twenty-nine day suspended sentence for driving on a revoked license, fourth offense, and ordered this sentence to be served consecutively to the DUI, seventh offense, and leaving the scene of an accident. The trial court further sentenced the appellant to eleven months and twenty-nine days incarceration, with ninety days to be served in incarceration and the remainder suspended, for the DUI, second offense, and ordered this sentence to be served consecutively to the DUI, seventh offense, and leaving the scene of an accident, and consecutively to the driving on a revoked license, fourth offense. Finally, the trial court sentenced the appellant to eleven months and twenty-nine days probation for each of the assault convictions and ordered these sentences to be served concurrently with each other, but consecutively to the other sentences. Subsequently, the appellant violated his probation by driving on a revoked license, violating the Light Law, and improper vehicle registration. The trial court revoked the appellant's probation and ordered the appellant to serve the remainder of his sentence in incarceration. The appellant presents the following issue for our review: whether the judgment of the trial court compelling the appellant to serve the full balance of his sentences in confinement was supported by the evidence. Upon review of the record and the parties' briefs, we affirm the judgment of the trial court.
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:John H. Gasaway, III |
Montgomery County | Court of Criminal Appeals | 09/20/00 | |
| State v. Charles Ray Allen
M1999-00818-CCA-R3-CD
The Defendant was convicted by a jury of first degree premeditated murder and criminal attempt to commit voluntary manslaughter. He was sentenced to life imprisonment for the murder, and to a consecutive four year term for the attempted manslaughter. In this appeal as of right, the Defendant challenges the sufficiency of the evidence; the trial court's exclusion of proof about the victim's prior violent conduct; the trial court's instruction to the jury about the penalties for first degree murder; and his sentencing. The judgment of the trial court is affirmed.
Authoring Judge: Judge David H. Welles
Originating Judge:J. Randall Wyatt, Jr. |
Davidson County | Court of Criminal Appeals | 09/20/00 | |
| State vs. James Edward Cowan
M1999-02572-CCA-R3-CD
Defendant was convicted by a Davidson County jury of attempted first degree murder, attempted especially aggravated robbery, and especially aggravated burglary. At sentencing his conviction for especially aggravated burglary was reduced to aggravated burglary. He was sentenced as a Range II offender to thirty-six years for the Class A felony of attempted first degree murder, sixteen years for the Class B felony of attempted especially aggravated robbery, and eight years for the Class C felony of aggravated burglary. The attempted first degree murder and attempted especially aggravated robbery sentences were run consecutively to each other, and the aggravated burglary sentence ran concurrently, for an effective fifty-two year sentence. In this appeal, defendant makes the following allegations: (1) the trial court erred in refusing to suppress the bullet which was removed from defendant during surgery; (2) the evidence was insufficient to support his conviction for attempted first degree murder; (3) his separate convictions for attempted first degree murder and aggravated burglary violate due process since they were incidental to attempted especially aggravated robbery; and (4) the trial court erred in determining the length and consecutive service of his sentences. Upon our review of the record we conclude the trial court properly admitted the bullet removed from the defendant; the evidence was sufficient to sustain defendant's conviction for attempted first degree murder; there was no due process violation; and defendant was properly sentenced. Thus, the judgment of the trial court is affirmed.
Authoring Judge: Judge Joe G. Riley
Originating Judge:J. Randall Wyatt, Jr. |
Davidson County | Court of Criminal Appeals | 09/20/00 | |
| Shanta Fonton McKay vs. State
M2000-00016-CCA-R3-PC
After his transfer from juvenile court, appellant pled guilty to second degree murder and, pursuant to a negotiated plea agreement, received a sentence of 19 years. Appellant sought post-conviction relief, which was denied by the trial court. In this appeal as a matter of right, appellant seeks relief alleging a double jeopardy violation, an involuntary guilty plea, and ineffective assistance of counsel. After a thorough review of the record, we affirm the denial of post-conviction relief.
Authoring Judge: Judge Joe G. Riley
Originating Judge:Cheryl A. Blackburn |
Davidson County | Court of Criminal Appeals | 09/20/00 | |
| State vs. Jerry Belew
M1999-02143-CCA-R3-CD
The defendant was convicted by a Maury County jury of attempted second degree murder and aggravated assault. The trial court sentenced defendant to consecutive sentences of nine years for attempted second degree murder and three years for aggravated assault. In this appeal defendant alleges that the trial court: (1) improperly limited defense counsel's closing argument; (2) improperly denied his requested jury charges; and (3) improperly sentenced him to consecutive sentences. After a thorough review of the record, we affirm the judgment of the trial court.
Authoring Judge: Judge Joe G. Riley
Originating Judge:Robert L. Jones |
Maury County | Court of Criminal Appeals | 09/20/00 | |
| State vs. Brentol Calvin James
M1999-02533-CCA-R3-CD
The appellant, Brentol Calvin James, was convicted by a jury in the Davidson County Criminal Court of one count of possession of a weapon during the commission of an offense, a class E felony. The trial court sentenced the appellant, as a Range I offender, to a one- year sentence of incarceration in the Davidson County Workhouse. The appellant raises the following issue for our review: whether the trial court erred in allowing a verdict to stand when there was insufficient evidence, as a matter of law, to support the conviction. Upon review of the record and the parties' briefs, we reverse the judgment of the trial court.
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:Seth W. Norman |
Davidson County | Court of Criminal Appeals | 09/20/00 | |
| American Indemnity vs. Foy Trailer
W2000-00397-COA-R3-CV
American Indemnity Company sought a declaratory judgment that its commercial general liability (CGL) policy did not cover claims made by Ms. Johnson against the Appellants in her federal court complaint and that it did not have a duty to defend Appellants in the federal action. The Chancery Court for Shelby County held that there was no coverage and no duty to defend. Appellants appealed. We affirm.
Authoring Judge: Judge David R. Farmer
Originating Judge:D. J. Alissandratos |
Shelby County | Court of Appeals | 09/20/00 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
Originating Judge:William Charles Lee |
Bedford County | Court of Criminal Appeals | 09/20/00 | |
| State of Tennessee v. Anthony Layne
M1997-00025-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:Gerald L. Ewell, Sr. |
Coffee County | Court of Criminal Appeals | 09/20/00 | |
| Whittington-Barrett vs. Johnson
E2000-00700-COA-R3-CV
This is a suit between two inmates of the State of Tennessee. The Plaintiff, a transsexual, seeks a declaratory judgment "to establish the rights of the Plaintiff," and damages, attorney fees and costs against the Defendant because of sexual harassment. The cause of action alleges violation of various sections of the Constitutions of the State of Tennessee and the United States of America and of the Civil Rights Act of 1964. The Trial Judge dismissed the complaint because there was "no claim of state action in Plaintiff's complaint, nor is this an employer/employee situation." We affirm.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Jean A. Stanley |
Johnson County | Court of Appeals | 09/20/00 | |
| State vs. Elizabeth Davis
E1999-00373-CCA-R3-CD
The appellee, Elizabeth Davis, was indicted by a Unicoi County Grand Jury on November 20, 1995, for four counts of theft of property. On March 2, 1999, the State submitted a motion to the trial court to amend the indictment to correct the dates of the offenses set forth in all counts of the indictment and to reduce the value of the money alleged stolen in Count Four of the indictment. Following a hearing, the trial court denied the State's motion, whereupon the State requested the entry of an order of nolle prosequi as to all counts of the indictment. Instead, at the appellee's request, the trial court dismissed the indictment with prejudice pursuant to Tenn. R. Crim. P. 48(b). The State now brings this appeal as of right challenging both the trial court's dismissal of the indictment with prejudice and the trial court's denial of its motion to amend the indictment. Following a review of the record and the parties' briefs, we reverse the order of dismissal and remand this case for proceedings consistent with this opinion.
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:Robert E. Cupp |
Unicoi County | Court of Criminal Appeals | 09/19/00 | |
| State vs. Warner Powell and Charlie Stokes
M1999-00661-CCA-R3-CD
This is an appeal as of right by the State of Tennessee, which argues that the trial court erred by suppressing the evidence obtained against the Defendants pursuant to a search warrant. The State asserts that the trial court incorrectly concluded that the search warrant was invalid because the agent who provided the information in the affidavit establishing probable cause to search did not have the authority to execute the warrant or arrest the Defendants. In response, the Defendants assert that the State's notice of appeal was not timely filed, and they argue that the evidence was properly suppressed because the agent did not have the authority to obtain or execute the search warrant and because the affidavit did not establish the veracity of the confidential informant. We conclude that the State's notice of appeal was not timely filed, but we will consider the appeal in the interest of justice. We further conclude that the search warrant was valid; thus the trial court erred by suppressing the evidence obtained pursuant to the warrant. Accordingly, the trial court's order suppressing the evidence is reversed, and this case is remanded for further proceedings consistent with this opinion.
Authoring Judge: Judge David H. Welles
Originating Judge:Robert W. Wedemeyer |
Montgomery County | Court of Criminal Appeals | 09/19/00 | |
| State vs. Scarlett Rose Bender
M2000-1070-CCA-R3-CD
The Defendant pleaded nolo contendere to possessing with the intent to sell or deliver over one hundred pounds of marijuana, which is a Class B felony. Sentencing was left to the discretion of the trial court. Following a sentencing hearing, the trial judge sentenced the Defendant to eight years in the Department of Correction. On appeal, the Defendant argues that she should have been sentenced as an especially mitigated offender and that she should have been allowed to serve her sentence on probation. We affirm the judgment of the trial court.
Originating Judge:Allen W. Wallace |
Dickson County | Court of Criminal Appeals | 09/19/00 |