APPELLATE COURT OPINIONS

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01C01-9409-CC-00326

01C01-9409-CC-00326

Originating Judge:James K. Clayton, Jr.
Rutherford County Court of Criminal Appeals 08/29/94
Branch vs. Thompson

M1998-00511-COA-R3-CV
In this case, the minor children of the parties have been declared dependent and neglected in juvenile court, and custody was awarded to Mother. Subsequently, the parties were divorced in circuit court, and Mother was awarded custody and Father was ordered to pay child support. Mother filed a petition in circuit court to hold Father in contempt for his failure to pay child support, and Father filed a cross petition seeking, among other things, to change custody. At the conclusion of an evidentiary hearing, the circuit court awarded custody of the children to Father. Mother has appealed, and we vacate the order changing custody because of lack of subject matter jurisdiction.
Authoring Judge: Judge W. Frank Crawford
Robertson County Court of Appeals 08/24/94
William Fowler, as surviving parent of David Fowler, dec. vs. Ralph Davenport and Jason Richards

E2000-02509-COA-R3-CV
The Trial Court granted defendants summary judgment on the grounds plaintiff's action was time-barred. We reverse and remand.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:G. Richard Johnson
Washington County Court of Appeals 08/12/94
State of Tennessee v. Martel Thomas

W2002-01549-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Chris B. Craft
Shelby County Court of Criminal Appeals 07/26/94
Phillip Knight vs. State

01C01-9709-CR-00417
Davidson County Court of Criminal Appeals 06/30/94
State vs. Weddington

03C01-9607-CR-00258
Hamilton County Court of Criminal Appeals 06/17/94
Karn Tom Thongkumgool

01C01-9707-CR-00281
Davidson County Court of Criminal Appeals 06/17/94
Lola Taylor v. James Taylor

M1999-02398-COA-R3-CV
This appeal arises from the dissolution of a four-year marriage. The wife sought a divorce in the Circuit Court for Rutherford County because of the husband's chronic drunkenness, non-support, and threats of violence. Following a bench trial, the court granted the wife a divorce on the ground of inappropriate marital conduct. The trial court also divided the martial estate, gave the wife custody of the parties' four-year-old daughter, and directed the husband to pay child support. On this appeal, the husband asserts that the trial court erred in its classification and division of the marital property, that the trial court awarded an excessive amount of child support, and that the trial court erred by denying his request to place a portion of his child support in an educational trust fund. For her part, the wife requests an additional award to defray her legal expenses for this appeal. We conclude that the trial court (1) correctly classified and divided the marital estate, (2) properly sequestered a portion of the husband's assets to assure the timely and regular payment of his child support, and (3) properly declined to establish an educational trust fund for the child. We also conclude that the trial court erred by failing to direct the trial court clerk to return the remainder of the sequestered funds to the husband when his child support obligation ceased. In addition, we decline to award the wife her legal expenses for this appeal or to find that this appeal was frivolous.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Royce Taylor
Rutherford County Court of Appeals 06/11/94
Sarah Beth Clingan Overstreet v. Shoney's, Inc.

01A01-9612-CV-00566

This appeal involves a freakish accident in which a shard from a broken dinner plate caused a restaurant patron to lose the sight in her left eye. The patron and her husband filed suit against the waitress who dropped the plate and the restaurant in the Circuit Court for Putnam County seeking damages for her injuries and for his loss of consortium. Following a three-day trial, the jury awarded the patron $2,013,000. On this appeal, the restaurant takes issue with several of the trial court’s evidentiary rulings, the trial court’s verdict form, and the trial court’s refusal to grant a remittitur. We affirm the judgment.

Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Judge John A. Turnbull
Putnam County Court of Appeals 06/04/94
State vs. Robert Bitner

02C01-9903-CC-00108
Lake County Court of Criminal Appeals 05/25/94
See State v. James Clark, No. 02C01-9206-Cr-00149, 1993 Wl 414015, At *1 (Tenn. Crim. App.,

W2007-01260-CCA-R3-PC
Authoring Judge: Judge Camille R. McMullen
Originating Judge:James M. Lammey
Shelby County Court of Criminal Appeals 05/16/94
E1999-00235-C0A-R3-CV

E1999-00235-C0A-R3-CV

Originating Judge:Thomas W. Graham
Rhea County Court of Appeals 05/14/94
Joe L. Utley vs. State

M1999-00560-CCA-MR3-PC
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Seth W. Norman
Davidson County Court of Criminal Appeals 05/12/94
State vs. Ronald Crafton

W2001-00320-CCA-R3-CO
The petitioner appeals the trial court's dismissal of his petition for habeas corpus relief. The trial court determined that the allegations contained in the petitioner's pro se petition were not ones that would entitle him to habeas corpus relief, and therefore dismissed his petition. After a careful review of the record, we affirm the trial court's dismissal of the petition.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Joseph H. Walker, III
Lauderdale County Court of Criminal Appeals 04/26/94
David Cross vs. James Dukes

W2000-02197-CCA-R3-CO
Petitioner appeals the summary dismissal of his petition for writ of habeas corpus. The trial court determined that petitioner did not receive an illegal sentence, and petitioner now appeals this ruling. We affirm the judgment of the trial court.
Authoring Judge: Judge Joe G. Riley
Originating Judge:Joseph H. Walker, III
Lauderdale County Court of Criminal Appeals 04/12/94
Adkins vs. Keck

03A01-9804-CV-00141
Court of Appeals 03/17/94
Terrence Liddle vs. Ricky Bell, Warden

01C01-9709-CR-00395
Davidson County Court of Criminal Appeals 03/15/94
Andre Bland v. State of Tennessee

W2007-00020-CCA-R3-PD
Authoring Judge: Judge John Everett Williams
Originating Judge:W. Fred Axley
Shelby County Court of Criminal Appeals 02/12/94
Dexter Frank Johnson vs. State

E2004-01260-CCA-R3-HC
The petitioner, Dexter Frank Johnson, appeals the dismissal of his petition for writ of habeas corpus. The state has filed a motion requesting that this court affirm the action of the trial court pursuant to Rule 20, Tenn. Ct. Crim. App. R. The petition fails to present a cognizable claim for habeas corpus relief. Accordingly, the state's motion is granted and the judgment of the trial court is affirmed.
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:Stephen M. Bevil
Hamilton County Court of Criminal Appeals 02/11/94
03A01-9506-CV-00205

03A01-9506-CV-00205

Originating Judge:Inman
Court of Appeals 01/28/94
Johnny McGowan, Jr. vs. State

M2003-01759-CCA-R3-HC
The Petitioner, Johnny L. McGowan, Jr., pled guilty in 1994 to aggravated arson, arson, six counts of reckless endangerment with a deadly weapon and two counts of vandalism, and the trial court sentenced him to twenty years in prison, to be served concurrently with a sentence from a previous conviction. In 2003, the Petitioner filed two pro se petitions for writs of habeas corpus in case numbers 27902 and 27903 alleging that his guilty pleas were not entered knowingly and voluntarily and requesting that the trial court appoint him counsel. The trial court summarily dismissed the petitions because it found that the Petitioner's claims, considered in the light most favorable to him, would at best render his convictions voidable and not void. On appeal, the Petitioner contends that the trial court erred by denying his request for appointment of counsel and by dismissing his petitions because there were "fatal variances" between the indictments and the evidence contained in the record. Finding no reversible error, we affirm the trial court's judgments.
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Don Ash
Rutherford County Court of Criminal Appeals 01/24/94
Arthur Kerr vs. Christina Kerr

M2000-01730-COA-R3-CV
The trial court granted the parties a divorce, divided the marital property, and ordered child support, but not alimony. On appeal, the wife argues that the trial court erred in its division of marital property and in its failure to award her rehabilitative alimony. We affirm the trial court.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Carol A. Catalano
Robertson County Court of Appeals 12/27/93
In re: The Adoption of female child, E.N.R.

01A01-9806-CH-00316
Court of Appeals 12/21/93
Rhodney Roberson v. State of Tennessee

W2003-01236-CCA-R3-PC
Authoring Judge: Presiding Judge Joseph M. Tipton
Originating Judge:Joseph H. Walker, III
Gibson County Court of Criminal Appeals 11/19/93
Paris vs. The City of Lebanon Personnel Review Bd.

01A01-9702-CH-00054
Court of Appeals 10/12/93