APPELLATE COURT OPINIONS

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State vs. James Hankins

W1999-00529-CCA-R3-PC
James R. Hankins appeals the Shelby County Criminal Court's denial of his petition for post-conviction relief. All of his allegations are without merit, save one. Hankins has established by clear and convincing evidence that his counsel on direct appeal failed to follow the required procedures for withdrawal of counsel under Supreme Court Rule 14. Accordingly, we affirm in part, reverse in part, and vacate and reinstate our judgment in Hankins' direct appeal.
Authoring Judge: Judge J. Curwood Witt, Jr.
Originating Judge:W. Fred Axley
Shelby County Court of Criminal Appeals 03/14/00
State vs. James Matthew Lawrence

M1999-00004-CCA-R3-CD
Authoring Judge: Judge John H. Peay
Wilson County Court of Criminal Appeals 03/14/00
Karon Spicer vs. James Spicer

M1999-01285-COA-R3-CV
In this divorce case, the husband challenges only the trial court's refusal to award him a portion of the wife's retirement account. Although retirement benefits earned during a marriage are marital property, we find the division of property to be equitable and affirm.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Leonard W. Martin
Dickson County Court of Appeals 03/14/00
Rudy Wendell Myers vs. State

M1999-00498-CCA-R3-PC
Authoring Judge: Judge J. Curwood Witt, Jr.
Originating Judge:J. Curtis Smith
Franklin County Court of Criminal Appeals 03/14/00
State vs. Tony Martin

W2001-02221-CCA-R3-CD

Originating Judge:Bernie Weinman
Shelby County Court of Criminal Appeals 03/14/00
State vs. Darrell Baker

M1999-00272-CCA-R3-CD
Authoring Judge: Presiding Judge Joseph M. Tipton
Originating Judge:Timothy L. Easter
Hickman County Court of Criminal Appeals 03/14/00
State vs. Jeffery Ray Jennings

E1999-00848-CCA-R3-CD
Authoring Judge: Judge Jerry Smith
Greene County Court of Criminal Appeals 03/14/00
Mary Ruth Willis vs. University Health System

E2004-00259-COA-R3-CV
Plaintiff added defendant to suit pursuant to Tenn. R. App. P. Rule 15 after statute of limitations expired. The Trial Court granted defendant summary judgment. On appeal, we affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Harold Wimberly
Knox County Court of Appeals 03/13/00
Bryant vs. HCA Health Services of TN

M1998-00770-SC-R11-CV
Authoring Judge: Justice Janice M. Holder
Originating Judge:Walter C. Kurtz
Supreme Court 03/13/00
E1999-01465-CCA-R3CD

E1999-01465-CCA-R3CD

Originating Judge:D. Kelly Thomas, Jr.
Blount County Court of Criminal Appeals 03/13/00
Pike vs. John Maher Builders, Inc.

M1999-00094-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Williamson County Court of Appeals 03/13/00
Blackmon vs. TN Bd. of Paroles

M1998-00887-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Irvin H. Kilcrease, Jr.
Davidson County Court of Appeals 03/13/00
Revis vs. McClean, et al

M1999-00658-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Robert E. Burch
Dickson County Court of Appeals 03/13/00
03C01-9803-CR-00118

03C01-9803-CR-00118
Hamilton County Court of Criminal Appeals 03/13/00
Floyd Campbell vs. Corrections Corp. of America

M1999-01082-COA-R3-CV
This is an appeal by an inmate in a prison operated by Corrections Corporation of America (CCA). His claim stems from the monetary loss he received as a result, he alleges, of CCA employee(s) adding an unauthorized name and number to Mr. Campbell's call list which resulted in unauthorized charges. The court below dismissed Mr. Campbell's complaint on the grounds that the complaint did not allege a cause of action against CCA. We disagree. Mr. Campbell did sufficiently allege a cause of action against CCA for the negligence of its employee(s) in violating prison policies and adding an eleventh name and number to his call list without his permission or authorization. Further, CCA may be held vicariously liable for the negligent acts of its employees and, therefore, is a proper defendant.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Jim T. Hamilton
Wayne County Court of Appeals 03/10/00
State vs. Kawaski Taylor

W1998-00656-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Gibson County Court of Criminal Appeals 03/10/00
State vs. Jeffrey Eugene Wright, a.k.a Jeffrey Eugene Arnell

M1999-00647-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Originating Judge:Walter C. Kurtz
Davidson County Court of Criminal Appeals 03/10/00
M1998-00118-CCA-R3-CD

M1998-00118-CCA-R3-CD
Authoring Judge: Sr. Judge L. Terry Lafferty
Originating Judge:Robert W. Wedemeyer
Montgomery County Court of Criminal Appeals 03/10/00
Joe Martin vs. State

M1999-01642-COA-R3-CV
Claimant, an inmate who was housed in a prison operated by a private prison operating company, filed a claim against the State for the loss of his personal property due to acts of employees of the company. The Claims Commission dismissed the claim for lack of jurisdiction because the private prison employees responsible for the loss were not "state employees." We affirm.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Court of Appeals 03/10/00
Manufacturers Consolidation vs. Rick Rodell et al

W1998-00889-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Originating Judge:James F. Russell
Shelby County Court of Appeals 03/10/00
State vs. Henry DeQuan Rhodes

M1999-959-CCA-R3-CD

Originating Judge:J. O. Bond
Wilson County Court of Criminal Appeals 03/10/00
State vs. Jerry Travis

W1999-01089-CCA-R3-CD
Authoring Judge: Judge Gary R Wade
Originating Judge:Julian P. Guinn
Henry County Court of Criminal Appeals 03/10/00
State of Tennessee v. Khanh V. Le

W1998-00637-CCA-R3-CD

The lead opinion of Judge Ogle, the separate concurring opinion of Judge Welles, and the separate opinion of Judge Woodall concurring in part and dissenting in part, filed in this case on March 6, 2000, are withdrawn.

Authoring Judge: Judge Norma McGee Ogle
Shelby County Court of Criminal Appeals 03/09/00
Cynthia Y. Long v. City of Maryville

E1999-00024-COA-R3-CV

This appeal from the Circuit Court of Blount County concerns liability under the Tennessee Governmental Tort Liability Act, which grants immunity, subject to certain statutory exceptions, to governmental entities pursuant to Tennessee Code Annotated § 29-20-201. Cynthia Y. Long, the Plaintiff/Appellant, appeals the Trial Court’s judgment on directed verdict in favor of the City of Maryville, the Defendant/Appellee.

Authoring Judge: Judge Houston M. Goddard
Originating Judge:Judge W. Dale Young
Blount County Court of Appeals 03/09/00
Cynthia Y. Long v. City of Maryville - Dissenting

E1999-00024-COA-R3-CV

I dissent because I do not find that the evidence preponderates against the trial court’s judgment dismissing the plaintiff’s complaint. In fact, there is precious little evidence in the record bearing on the culpability of the City of Maryville (“the City”). In my judgment, the proof shows little more than that the plaintiff slipped and fell on icy pavement in a city park at a place near a functioning water fountain on a day when the temperature was at or below freezing. What the evidence does not show is negligence of an employee of the City; notice to the City of a condition of the type described in T.C.A. § 29-20- 203(a); or the necessary causal connection between actionable conduct on the part of the City and the plaintiff’s fall.

Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Judge W. Dale Young
Blount County Court of Appeals 03/09/00