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| Phillips vs. Phillips
M1999-00212-COA-R3-CV
This appeal arises from a dispute between Plaintiff Melanie Dianne (Davis) Phillips ("Wife") and Defendant Thomas Hickman Phillips ("Husband") regarding the terms of their divorce. The trial court (1) granted a divorce to Wife, (2) divided the parties' marital property, (3) awarded rehabilitative alimony to Wife, (4) awarded attorney's fees to Wife, and (5) denied a motion for costs filed by Husband. For the reasons set forth below, we modify the court's division of the parties' marital property. In all other respects, however, we affirm the ruling of the trial court.
Authoring Judge: Judge David R. Farmer
Originating Judge:Muriel Robinson |
Davidson County | Court of Appeals | 07/27/00 | |
| 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 | |
| Shirley B. Rodgers v. Guys & Gals, Inc.,
M1999-01538-WC-R3-CV
The sole issue in this workers' compensation appeal is whether the chancellor erred in finding that the plaintiff's injury arose out of his employment with Carrier Corporation. This panel affirms the decision of the trial judge.
Authoring Judge: Kurtz, Sp.J.
Originating Judge:Tom E. Gray, Chancellor |
Sumner County | Workers Compensation Panel | 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 | |
| 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 | |
| Timothy P. Hancock, et al vs. The Chattanooga- Hamilton Cty Hospital Authority , d/b/a T.C. Thompson Children's Hospital, et al
E1999-00169-COA-R9-CV
The issues in this medical malpractice case turn on whether the holding of the Supreme Court in the case of Jordan vs. Baptist Three Rivers Hospital, 984 S.W.2d 593 (Tenn. 1999) applies to the facts now before us. Because the cause of action in the instant case accrued prior to the release of the Supreme Court's opinion in Jordan, we conclude that the holding in that case cannot be retrospectively applied to the instant case. Accordingly, we affirm the trial court's judgment dismissing that portion of the amended complaint seeking loss of consortium damages.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Samuel H. Payne |
Hamilton County | Court of Appeals | 07/27/00 | |
| 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 | |
| M1999-00299-SC-OT-RL
M1999-00299-SC-OT-RL
|
Supreme Court | 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 | |
| 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 | |
| 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 | |
| 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 | |
| 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 | |
| Robert L. Taylor v. Michelle Bowers Taylor
E1999-01774-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Originating Judge:G. Richard Johnson |
Unicoi County | Court of Appeals | 07/25/00 | |
| State vs. Billy Joe Phillips,a.k.a. Billy Joe West, a.k.a Joseph L. Phillips
E1999-00542-CCA-R3-CD
The defendant was convicted by a jury of one count of driving while his driver's license was revoked, one count of criminal impersonation, and was found guilty of violating the implied consent law. The defendant claims there was insufficient evidence introduced to support his convictions. After a careful review, we affirm the defendant's conviction of criminal impersonation and reverse and dismiss the defendant's conviction for driving on a revoked driver's license.
Authoring Judge: Judge John Everett Williams
Originating Judge:E. Eugene Eblen |
Morgan County | Court of Criminal Appeals | 07/25/00 | |
| Daylon Demetric Roberts vs. State
E1999-02180-CCA-R3-PC
The Defendant was convicted of murder perpetrated in an attempt to commit a robbery. His conviction was affirmed on appeal to this Court, and the Tennessee Supreme Court denied permission to appeal. The Defendant subsequently filed a petition for post-conviction relief. After an evidentiary hearing, the trial court denied the petition. The Defendant now appeals the trial court's denial of post-conviction relief, arguing that conflicts with his attorneys prevented the attorneys from providing him effective assistance of counsel at trial and that the trial court forced him to proceed to trial despite those conflicts. Finding no error in the record before us, we affirm the judgment of the trial court.
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Ray L. Jenkins |
Knox County | Court of Criminal Appeals | 07/25/00 | |
| Jack P. Carr vs. David Mills, Warden
E2000-00156-CCA-R3-PC
The petitioner sought writ of habeas corpus, alleging that he was entitled to relief because the judgments of conviction were not signed by the trial judge. We hold unsigned judgments do not render judgments void, such as entitles a defendant to habeas corpus relief. We affirm the trial court's dismissal.
Authoring Judge: Judge John Everett Williams
Originating Judge:E. Eugene Eblen |
Morgan County | Court of Criminal 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 | |
| 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 |