APPELLATE COURT OPINIONS

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Karen Lynn Pilcher, and husband Keith A. Pilcher, v. A.L. Moneymaker, Jr., and wife, Roberta Moneymaker

03A01-9710-CV-00482

A. L. Moneymaker, Jr., and his wife Roberta Moneymaker appeal a judgment rendered by the Trial Court against them in the amount of $36,000 as a result of personal injuries sustained by Karen Lynn Pilcher and loss of consortium of her husband, Keith A. Pilcher. The suit arose as a result of a collision occurring on September 3, 1994, about 10:00 a.m., between a female dog named Spec, alleged to be owned by Mr. and Mrs. Moneymaker, and a bicycle being ridden by Mrs. Pilcher on Dutch Valley Road in Anderson County.

Authoring Judge: Presiding Judge Houston M. Goddard
Originating Judge:Judge James B. Scott, Jr.
Anderson County Court of Appeals 10/02/98
State of Tennessee vs. Cecil Eugene McGuire

03C01-9705-CC-00191

The Sevier County Grand Jury indicted sixteen-year old Cecil Eugene McGuire for aggravated rape, aggravated sexual battery, and aggravated burglary. After a trial, the jury acquitted the defendant of aggravated rape and aggravated burglary but found him guilty of aggravated sexual battery and aggravated criminal trespass, a lesser grade offense of aggravated burglary. The trial court sentenced him to serve eleven years in the custody of the Department of Correction as a Range I, standard offender for the Class B felony, concurrently with eleven months and twenty-nine days for the Class A misdemeanor. Pursuant to Rule 3 of the Tennessee Rules of Appellate Procedure, the defendant presents the following issues:


1. Whether the indictments are fatally defective and thereby deprive the trial court of jurisdiction in this case.
2. Whether the evidence as a matter of law was insufficient to support the convictions.
3. Whether the trial court improperly credited and weighed the enhancement factors and imposed an excessive sentence.

After a careful review of the record and the applicable law, we find no error warranting reversal of the defendant’s convictions. We affirm the convictions, but for reasons explained below, we modify the felony sentence from eleven years to ten years.

Authoring Judge: Judge Curwood Witt
Originating Judge:Judge Rex Henry Ogle
Sevier County Court of Criminal Appeals 10/02/98
State vs. Floyd Smith, II

01C01-9711-CR-00511
Wilson County Court of Criminal Appeals 09/30/98
Miles vs. Nelson

03A01-9711-CH-00500
Jefferson County Court of Appeals 09/30/98
First vs. Cheatham

03A01-9805-CV-00157
Court of Appeals 09/30/98
Knox Co. vs. Perceptics

03A01-9803-CH-00089
Knox County Court of Appeals 09/30/98
State vs. Delbert Harris

01C01-9705-CC-00177

Originating Judge:Robert E. Burch
Dickson County Court of Criminal Appeals 09/30/98
David Gibson vs. State

01C01-9710-CC-00473

Originating Judge:W. Charles Lee
Bedford County Court of Criminal Appeals 09/30/98
State vs. Demario Hill aka David Weathers

01C01-9707-CC-00444

Originating Judge:Robert E. Burch
Dickson County Court of Criminal Appeals 09/30/98
State vs. Donald Wallace

01C01-9711-CC-00526

Originating Judge:Leonard W. Martin
Stewart County Court of Criminal Appeals 09/30/98
State vs. William Mack Gross

E2000-00039-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Douglas A. Meyer
Hamilton County Court of Criminal Appeals 09/30/98
Larry T. Carter vs. State

01C01-9710-CR-00488
Davidson County Court of Criminal Appeals 09/30/98
Philip Rene Julian, v. Beverly Ann Julian

02A01-9709-CV-00229

In this divorce action, the husband has appealed, raising issues about the value and division of the marital property, as well as an award of attorney’s fees to the wife.

Authoring Judge: Judge Herschel Pickens Franks
Originating Judge:Judge John R. McCarroll, Jr.
Shelby County Court of Appeals 09/30/98
State vs. William Bradley

01C01-9708-CR-00336
Davidson County Court of Criminal Appeals 09/30/98
George vs. Harlan

01A01-9712-CV-00692

Originating Judge:James L. Weatherford
Maury County Court of Appeals 09/30/98
Brayfield, et. al. vs. Kentucky National Ins. Co.

01A01-9701-CV-00007

Originating Judge:Thomas Goodall
Sumner County Court of Appeals 09/30/98
State vs. AAA Aaron's Action Agency Bail Bond, Inc.

01C01-9710-CR-00462

Originating Judge:Seth W. Norman
Davidson County Court of Criminal Appeals 09/30/98
Robbie Ann Stavely Hendrix v. Billy Gene Hendrix

02A01-9712-CH-00303

In this divorce action, the Trial Judge granted the wife a divorce, ordered the defenda nt to pay alimon y in the amou nt of $400.00 a mo nth, and ch ild support for one child in the amount of $750.00, and attorney’s fees for the wife in the amount of $1,634.67. He also ordered the husband to pay certain debts of the marriage. On appeal, the husband seeks a reversal of the decree for alimony, payment of the marital debts and attorney’s fees to the wife. He also seeks a reduction in the amount of child support awarded by the Trial Judge.

Authoring Judge: Judge Herschel P. Franks
Originating Judge:Chancellor Joe C. Morris
Madison County Court of Appeals 09/30/98
Rozanne F. Wright (Folk-Schmidt) vs. Jan H. Schmidt

01A01-9708-CV-00413
Court of Appeals 09/30/98
Sparks vs. Knoxville

03A01-9803-CV-00092
Court of Appeals 09/30/98
State vs. William Clements

01C01-9707-CC-00247
Hickman County Court of Criminal Appeals 09/30/98
Terry Hall vs. State

01C01-9710-CC-00448
Cheatham County Court of Criminal Appeals 09/30/98
Miles vs. Nelson

03A01-9711-CH-00500
Court of Appeals 09/30/98
State vs. Joseph Stinnett

01C01-9707-CC-00288

Originating Judge:James K. Clayton, Jr.
Rutherford County Court of Criminal Appeals 09/30/98
Hadjopoulos vs. Hadjopoulos

03A01-9801-CV-00037
Court of Appeals 09/30/98