APPELLATE COURT OPINIONS

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Wilson vs. Dept. of Corrections

01A01-9806-CH-00302
Davidson County Court of Appeals 08/27/99
Billy Wayne Leslie vs. State

01C01-9806-CR-00242
Davidson County Court of Criminal Appeals 08/27/99
Billy Wayne Leslie vs. State

01C01-9806-CR-00242

Originating Judge:Seth W. Norman
Davidson County Court of Criminal Appeals 08/27/99
Doe vs. HCA Health Services of TN

01A01-9806-CV-00306

Originating Judge:Hamilton V. Gayden, Jr.
Davidson County Court of Appeals 08/27/99
James Cozart vs. Lynn Cozart

02A01-9810-CV-00285

Originating Judge:James F. Russell
Shelby County Court of Appeals 08/27/99
State vs. Melvin Jerome Anderson

03C01-9808-CC-00293

Originating Judge:James B. Scott, Jr.
Anderson County Court of Criminal Appeals 08/27/99
Gipson vs. Taylor

01A01-9811-CH-00611
Wilson County Court of Appeals 08/27/99
State vs. David Hundley

02C01-9810-CC-00313

Originating Judge:William B. Acree
Weakley County Court of Criminal Appeals 08/26/99
State vs. Jerry Hayes

02C01-9810-CC-00338

Originating Judge:C. Creed Mcginley
Carroll County Court of Criminal Appeals 08/26/99
State vs. David Hundley

W2001-00500-CCA-RM-PC
In this case, the petitioner, David Lee Hundley, filed a petition for post-conviction relief. The trial court dismissed the petition on the basis that it was barred by the applicable statute of limitations. Our Court reversed and remanded for a determination by the trial court as to whether there was sufficient evidence of Petitioner's prior mental health problems to warrant a tolling of the statute of limitations. David Lee Hundley v. State, No. 02C01-9810-CC-00313, 1999 WL 668723, Weakley County (Tenn. Crim. App., Jackson, August 26, 1999). The supreme court granted the State's application for permission to appeal pursuant to Tenn. R. App. P. 11 and remanded the case to this Court for reconsideration in light of State v. Nix, S.W.3d, No. E1999-02715-SC-R11-PC, slip op. (Tenn. Feb. 20, 2001). Upon remand, we affirm the judgment of the trial court.
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:William B. Acree
Weakley County Court of Criminal Appeals 08/26/99
Michael Dickerson vs. State

03C01-9808-CC-00306

Originating Judge:Ben W. Hooper, II
Cocke County Court of Criminal Appeals 08/26/99
State vs. James Otis Martin

03C01-9803-CR-00103

Originating Judge:Richard R. Baumgartner
Knox County Court of Criminal Appeals 08/26/99
Victoria Robbins vs. Bill Wolfenbarger, D/B/A Wolf's Motors and Sam Horne

E1999-02012-COA-R3-CV
Plaintiff Robbins filed a complaint for damages against Wolfenbarger and Horne, alleging breach of contract, intentional misrepresentation and negligence, per se. On August 26, 1999, an Order of Compromise and Dismissal was entered as to Wolfenbarger individually and d/b/a Wolf Motors. Horne did not file an answer during the time allowed by the Rules of Civil Procedure, and Robbins filed a motion for default judgment on July 9, 1999. Horne wrote a letter to the plaintiff's attorney in response to the complaint and summons, postmarked July 16, 1999. The letter was forwarded to the Clerk of the Court for filing by plaintiff's counsel's letter dated July 30, 1999. On August 27, Robbins' Motion for Default Judgment was heard, but Horne who had notice did not attend. A default judgment was entered against Horne and the Trial Court subsequently overruled Horne's Motion to Set Aside the Default. Horne has appealed. We affirm the judgment of the Trial Court.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:W. Dale Young
Blount County Court of Appeals 08/26/99
State vs. Gerald Schaffer

03C01-9807-CR-00226

Originating Judge:Richard R. Baumgartner
Knox County Court of Criminal Appeals 08/26/99
Adrian Waite vs. State

03C01-9809-CR-00343

Originating Judge:Stephen M. Bevil
Hamilton County Court of Criminal Appeals 08/25/99
Robert Odom v. Mary Odom

M1999-02811-COA-R3-CV
This appeal involves a bitter custody dispute over three children between the ages of nine and fourteen. During the divorce proceeding in the Chancery Court for Dickson County, the parties agreed that the mother would have custody of the children and also agreed on visitation arrangements that accommodated the mother's planned move to another state. Several months after the entry of the divorce decree, the father petitioned to change custody and to hold the mother in contempt for interfering with his relationship with the children. During the ensuing three years, the parties traded allegations of sexual and physical abuse of the children and other misconduct. Following a bench trial in December 1998, the trial court found that there had been a material change in the children's circumstances and granted the father custody of the children. On this appeal, the mother asserts that she was denied due process by the trial court's refusal to require the parties and their children to undergo a psychological examination and that the trial court unlawfully delegated its judicial authority to a psychologist who had been counseling the children. We have determined that the mother received an essentially fair hearing on this custody dispute and, therefore, affirm the trial court.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Allen W. Wallace
Dickson County Court of Appeals 08/25/99
William Terry Wyatt vs. Billie Carey

03A01-9809-CV-00307
Cumberland County Court of Appeals 08/25/99
Nationsbank, N.A. vs. FormPak, Inc. & Ron Campbell

03A01-9808-CH-00279
Court of Appeals 08/25/99
Gregory B. Hinton vs. City of Chattanooga

03A01-9901-CV-00013
Hamilton County Court of Appeals 08/25/99
Gary William Holt vs. State

03C01-9808-CR-00279

Originating Judge:Douglas A. Meyer
Hamilton County Court of Criminal Appeals 08/25/99
Nationsbank, N.A. vs. FormPak, Inc. & Ron Campbell

03A01-9808-CH-00279
Court of Appeals 08/25/99
State vs. Bao Nguyon

02C01-9801-CR-00004

Originating Judge:Chris B. Craft
Shelby County Court of Criminal Appeals 08/25/99
Thomas Cook vs. State

03C01-9808-CR-00281
Hamilton County Court of Criminal Appeals 08/25/99
State vs. Guillermo Matian Juan

03C01-9812-CR-00443

Originating Judge:Douglas A. Meyer
Hamilton County Court of Criminal Appeals 08/25/99
State vs. Eric Carter

02C01-9809-CR-00299

Originating Judge:James C. Beasley, Jr.
Shelby County Court of Criminal Appeals 08/25/99