APPELLATE COURT OPINIONS

In this interlocutory appeal, we are asked to determine: (1) whether the Tennessee savings statute, Tenn. Code Ann. § 28-1-105(a), may be invoked twice within the one-year savings period to save otherwise untimely actions; and (2) whether the Appellee acted with the diligence and good faith necessary to invoke the protection of the savings statute. We conclude that Appellee’s suit was properly brought within the protection of the Tennessee savings statute. Consequently, we affirm the judgment of the trial court.

The defendant, Antonio L. Saulsberry, was convicted by a Shelby County Criminal Court jury of murder during the perpetration of a robbery and murder during the perpetration of a burglary. His convictions were merged and he was sentenced to life imprisonment, to be served consecutively to prior convictions for especially aggravated robbery and conspiracy to commit aggravated robbery for which he had already been sentenced to an effective term of fifty years as a Range II offender. On appeal, the defendant challenges the sufficiency of the convicting evidence. After review, we affirm the judgments of the trial court.

The Defendant, Timothy Lebron Arnold, was indicted for especially aggravated robbery, a Class A felony, but pled guilty to robbery, a Class C felony, and received a sentence of five years in the Tennessee Department of Correction. In this appeal as of right, the Defendant contends that the trial court erred in permitting testimony from an officer at the sentencing hearing; that the trial court erred in setting the length of his sentence; and that the trial court erred in denying alternative sentencing. Following our review, we affirm the judgment of the trial court.

In a dispute over the enforceability of an arbitration provision in a consulting contract, the trial court found the provision ambiguous and denied the appellant’s motion to dismiss or to compel arbitration. We find that the provision is not ambiguous. We remand for a ruling on the condition precedent to arbitration: whether the appellant made a good faith effort to come to a mutual agreement before unilaterally selecting an arbitration service, location, and choice of law forum. We have also concluded that should the parties reach arbitration, the issue of fraud in the inducement is arbitrable.

The Petitioner, Cyrus Deville Wilson, appeals as of right from the Davidson County Criminal Court’s dismissal of his petition for a writ of error coram nobis. The Petitioner contends that the coram nobis court erred by summarily dismissing his petition without an evidentiary hearing. Following our review, we reverse the judgment of the coram nobis court and remand the Petitioner’s case for an evidentiary hearing.

I dissent from the majority opinion because I conclude that the allegations contained in the Petitioner’s petition for a writ of error coram nobis are insufficient to demonstrate that he is entitled to relief. As such, I do not think that the coram nobis court erred when it summarily dismissed the petition without an evidentiary hearing.

The Petitioner, Warren Fowler, appeals as of right from the Knox County Criminal Court’s denial of his petition for post-conviction relief. The Petitioner pled guilty to attempted first degree murder and especially aggravated kidnapping, both Class A felonies, and received concurrent sentences of 20 years. The Petitioner challenges the performance of trial counsel and the voluntariness of his guilty plea. Following our review, we affirm the judgment of the post-conviction court.

A Davidson County Criminal Court jury convicted the appellant, Leonard Allen, of especially aggravated robbery, and the trial court sentenced him to twenty years in confinement to be served at one hundred percent. On appeal, the appellant contends that (1) a plea agreement he entered into with the State after the jury convicted him is invalid because he had already filed a notice of appeal to this court; (2) the trial court committed plain error by not ruling that a photograph array shown to the victim months after the robbery and introduced into evidence at trial was impermissibly suggestive; and (3) the evidence is insufficient to support the conviction. Based upon the record and the parties’ briefs, we affirm the appellant’s conviction for especially aggravated robbery.

The petitioner executed a voluntary acknowledgment of paternity shortly after the birth of a child. Several years later, after he was ordered to pay child support, he filed a petition seeking to rescind the voluntary acknowledgment of paternity, or alternatively seeking court-approved DNA testing, pursuant to Tennessee Code Annotated section 24-7-113. The juvenile court denied his petition upon finding that he failed to prove fraud in the procurement of the voluntary acknowledgment of paternity. Finding that the evidence preponderates against the trial court's finding concerning fraudulent procurement, we reverse and remand for further proceedings to include parentage tests.

This matter is before the Court upon the State’s motion to dismiss or in the alternative to affirm the judgment of the trial court by memorandum opinion pursuant to Rule 20, Rules of the Court of Criminal Appeals. Petitioner has appealed the trial court’s order dismissing his motion to reopen his petition for post-conviction relief. Upon a review of the record in this case, we are persuaded that the trial court was correct in dismissing the petition and that this case meets the criteria for affirmance pursuant to Rule 20, Rules of the Court of Criminal Appeals. Accordingly, the State’s motion is granted, and the judgment of the trial court is affirmed.

The Petitioner, Phillip McCormick, appeals pro se the Knox County Criminal Court’s summary dismissal of his petition for habeas corpus relief from the remainder of his forty-year sentence for a 1984 conviction. The Petitioner contends that (1) the trial court erred by finding that the State did not relinquish jurisdiction when it surrendered him to federal authorities to serve concurrent federal and state sentences for felonies he committed while on parole, (2) the State violated his due process rights by failing to hold a parole revocation hearing before transferring him, and (3) the trial court erred by dismissing his petition without appointing counsel. We affirm the judgment of the trial court.

A Fentress County Criminal Court Jury convicted the appellant, Kirby Whited, of tampering with evidence, a Class C felony. Following his conviction, the trial court imposed a sentence of three years, with fifty days to be served in jail and the remainder to be served on probation. On appeal, the appellant challenges the sufficiency of the evidence supporting his conviction and the sentence imposed by the trial court. The State concedes that the evidence is insufficient to support the appellant’s conviction. Upon review, we conclude that the evidence is insufficient; therefore, the appellant’s conviction must be vacated and the case dismissed.

This is a contract case. Appellant, a Nashville Country Club, hired Appellee, a real estate development and consulting firm, to help the Club procure the best price available for the sale of its real property. Appellee claimed that it was due fees under the parties’ written agreement. Following a hearing, the trial court entered judgment in favor of Appellee. Appellant appeals, arguing that: (1) the parties’ contract was not supported by adequate consideration; (2) the parties’ contract was void as against public policy based upon Appellants’ allegation that Appellee was acting as a broker; (3) the trial court erred in allowing parol evidence and in its interpretation of the terms of the parties’ agreement; and (4) the trial court erred in calculating Appellee’s damages. Discerning no error, we affirm and remand for determination of Appellee’s reasonable attorney’s fees and costs in defending this appeal. Affirmed and remanded.

In this divorce action, Husband appeals trial court’s award of alimony to Wife, grounds for divorce, and overall division of marital assets. Finding that the trial court did not abuse its discretion in the nature or amount of alimony awarded, grounds for divorce, or the overall division of marital assets, the judgment is affirmed.

Appellant, Jonathan Everett, was indicted by the Shelby County Grand Jury for one count of first degree murder and two counts of attempted first degree murder. After a lengthy jury trial, Appellant was convicted of one count of second degree murder, one count of attempted voluntary manslaughter, and one count of reckless endangerment. As a result, Appellant was sentenced to an effective sentence of twenty-nine years, eleven months, and twenty-nine days. Appellant presents the following issues for our review on direct appeal: (1) whether the trial court properly denied the motion to dismiss and remand for a preliminary hearing; (2) whether the trial court properly denied the motion to suppress Appellant’s statement; (3) whether the trial court erred by denying Appellant’s request to cross-examine Jamarcus Palmer about specific instances of conduct; (4) whether the evidence was sufficient to support the convictions; and (5) whether the trial court properly sentenced Appellant. After a thorough review of the record, we conclude that the trial court properly denied the motion to dismiss; the trial court properly denied the motion to suppress when Appellant’s statement was made knowingly and voluntarily; the trial court properly denied Appellant’s request to cross-examine Jamarcus Palmer; the evidence was sufficient to support the convictions; and the trial court properly sentenced Appellant. Therefore, the judgments of the trial court are affirmed.

amount of “zero.” The trial court denied Plaintiff’s motion for a new trial or, in the alternative, for additur. We vacate the trial court’s order denying Plaintiff’s motion for a new trial or additur, and remand.

Assistant Chief Shift Commander of city fire department appeals trial court affirmance of hearing committee’s finding of just cause for his termination. Finding that the trial court appropriately applied the proper standard of review, we affirm the trial court’s judgment.

The Chattanooga City Police Department terminated petitioner for violation of policies, and the City Council upheld petitioner's termination. Petitioner filed a writ of certiorari in Chancery Court and the Chancellor upheld petitioner's termination. On appeal, we affirm the Judgment of the Chancery Court.

The Defendant-Appellant, James Rae Lewter, was convicted by a Lincoln County jury of burglary and theft of property valued at $1,000 or more but less than $10,000, both Class D felonies. The trial court sentenced Lewter as a Range II, multiple offender to concurrent sentences of eight years at thirty-five percent in the Department of Correction. On direct appeal, Lewter argued: (1) the evidence was insufficient to convict him; (2) the trial court imposed an excessive sentence of eight years in violation of State v. Gomez, 239 S.W.3d 733, 740 (Tenn. 2007); and (3) the State engaged in misconduct during closing arguments. See State v. James Rae Lewter, No. M2007-02723-CCA-R3-CD, 2009 WL 1076716, at *1 (Tenn. Crim. App., at Nashville, Apr. 9, 2009), rev’d, 313 S.W.3d 745 (Tenn. June 4, 2010). Upon initial review, this court, after concluding that the evidence was insufficient to support his convictions, reversed and vacated Lewter’s convictions and dismissed the indictment. Id. Following the reversal, the State applied for permission to appeal this court’s decision to the Tennessee Supreme Court pursuant to Rule 11 of the Tennessee Rules of Appellate Procedure, and on August 17, 2009, permission to appeal was granted. Upon review, the Tennessee Supreme Court held that “the evidence was sufficient to support a reasonable inference of guilt beyond a reasonable doubt.” State v. Lewter, 313 S.W.3d 745, 746 (Tenn. 2010). Consequently, it reversed the judgment of the Court of Criminal Appeals and remanded the case to this court for consideration of the remaining two issues: (1) whether the trial court imposed an excessive sentence in violation of Gomez, 239 S.W.3d at 740; and (2) whether the State engaged in misconduct during closing arguments. See Lewter, 313 S.W.3d at 751. On remand, we conclude that Lewter did not receive an excessive sentence pursuant to Gomez and that the State’s remarks during closing argument did not constitute prosecutorial misconduct. Accordingly, as to the issues remanded for our review, the judgments of the trial court are affirmed.

The petitioner, Antonio Arnold, appeals the Shelby County Criminal Court’s denial of his petition for post-conviction relief. The petitioner was convicted by a Shelby County jury of felony murder, voluntary manslaughter, aggravated burglary, and aggravated assault. He was subsequently sentenced to an effective term of life in prison. On appeal, he contends that the denial of his petition was error because he received ineffective assistance of counsel at trial. Following review of the record before us, we affirm the denial of the petition.

Plaintiff sought and obtained an Order of Protection from the trial court against defendant, Subsequently, following an evidentiary hearing, the Court found defendant in contempt of the Order of Protection, and sentenced him to 1830 days in prison. Defendant has appealed to this Court inter alia, seeking a reduction in the sentence. We affirm the Judgment of the trial court, but modify by reducing his sentence to 730 days.

The defendant, Rodger Watts, was convicted by a Shelby County Criminal Court jury of theft of property valued between $10,000 and $60,000, a Class C felony; burglary of a building, a Class D felony; and evading arrest, a Class A misdemeanor. He was sentenced to nine years for the theft and four years for the burglary, to be served consecutively as a Range II offender, and eleven months and twenty-nine days for the evading arrest, to be served concurrently to the felonies. On appeal, he challenges the sufficiency of the convicting evidence with regard to his theft conviction. After review, we affirm the judgment of the trial court.

The Defendant-Appellant, Thomas E. Campbell, was convicted by a Warren County jury of attempted child abuse, a Class B misdemeanor, and aggravated sexual battery, a Class B felony. He was sentenced to six months in the county jail for attempted child abuse. For aggravated sexual battery, Campbell was sentenced as a Range I, violent offender to ten years in the Tennessee Department of Correction. On appeal, Campbell claims that: (1) both convictions were not supported by sufficient evidence; and (2) his sentence for aggravated sexual battery was excessive. Upon review, we affirm the judgments of the trial court.

The pro se petitioner, Mack Transou, appeals the denial of his motion to reopen his post-conviction petition. Because he failed to comply with the statutory requirements for seeking review of a dismissal of a motion to reopen a post-conviction petition, we dismiss the appeal.

The Defendant, Henry Lee Moore, appeals the Hamilton County Criminal Court’s order revoking his probation for two counts of violation of the Motor Vehicle Habitual Offender Act, a Class E felony, and one count of resisting arrest, a Class B misdemeanor, and ordering the remainder of his effective four-year sentence into execution. We affirm the judgment of the trial court.