APPELLATE COURT OPINIONS

State vs. E.G.P.

E2003-00433-COA-R3-CV
The Juvenile Court of Bradley County ordered that a placement should be found by the Department of Children's Services ("DCS") for a sixteen-year-old mother with her two and one-half-year-old child, the latter of whom had been in foster care most of his life. Time constraints were imposed and DCS did not or was unable to comply with the judgment, which resulted in a finding of contempt. The DCS appeals, and presents a litany of issues for review, one of which alleges that the juvenile court lacked jurisdiction to adjudicate a placement. The judgment is vacated in toto and the case is remanded.

Originating Judge:C. Van Deacon
Bradley County Court of Appeals 08/18/03
James Wilkerson vs. PFC Global

E2003-00362-COA-R3-CV
On May 3, 2002, James and Judith Wilkerson ("Plaintiffs") filed this lawsuit against PFC Global Group, Inc. ("PFC") claiming PFC had defaulted on a Promissory Note. Plaintiffs also sued Don and Brenda Dorris who had personally guaranteed PFC's debt to Plaintiffs. All three Defendants were served with process on May 16, 2002, and their attorneys entered an appearance on Defendants' behalf the following day. Plaintiffs' counsel informed defense counsel that Plaintiffs would move for a default judgment if an answer was not filed by September 6, 2002. When no answer was filed by that date, Plaintiffs moved for and were granted a default judgment. After hearing testimony from Plaintiff James Wilkerson regarding the amount due under the various contracts, the Trial Court granted Plaintiffs a judgment against each Defendant in the total amount of $1,492,353.52, plus an additional $15,000 in attorney fees. Thereafter, Defendants filed a motion to have the default judgment set aside under Tenn. R. Civ. P. 60. After a hearing, the Trial Court determined Defendants were not entitled to relief from the default judgment. We affirm.
Authoring Judge: Judge David Michael Swiney
Originating Judge:W. Dale Young
Blount County Court of Appeals 08/18/03
02825-COA-R3-CV

02825-COA-R3-CV

Originating Judge:Jacqueline E. Schulten
Hamilton County Court of Appeals 08/18/03
Donald Lacy v. Wesley Cox

E2003-00709-COA-R3-CV
Donald R. Lacy ("Plaintiff") sued Jennifer Brandon for damages arising from an automobile accident. After deliberating for approximately two hours, the jury asked the Trial Court if they were required to award Plaintiff any monetary damages if they found fault on the part of Brandon. Based on the question, Plaintiff surmised the jury's deliberations were not going his way. As a result, Plaintiff moved for a voluntary dismissal without prejudice, believing he was entitled to do so as a matter of right. The Trial Court, also believing Plaintiff was entitled to dismiss his lawsuit without prejudice as a matter of right even though the jury was deliberating, granted the motion. We conclude Plaintiff was not entitled to voluntarily dismiss his lawsuit without prejudice as a matter of right at that stage in the proceedings, and as a consequence the dismissal is with prejudice.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Richard R. Vance
Sevier County Court of Appeals 08/18/03
E2003-00132-COA-R3-CV

E2003-00132-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Thomas R. Frierson, II
Hawkins County Court of Appeals 08/18/03
Donna Taylor v. Doris Holt

E2003-00901-COA-R3-CV
Steve Godfrey prepared his last will and testament on his computer and affixed his computer generated signature at the end. He had two neighbors witness the will. Mr. Godfrey died approximately one week later. Doris Holt ("Defendant"), Mr. Godfrey's girlfriend, submitted the will for probate. Donna Godfrey Taylor ("Plaintiff"), Mr. Godfrey's sister, filed a complaint alleging, in part, that the will was not signed and claiming that Mr. Godfrey had died intestate. The Trial Court granted Defendant summary judgment holding there were no undisputed material facts and that all legal requirements concerning the execution and witnessing of a will had been met. Plaintiff appeals. We affirm.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Telford E. Forgerty, Jr.
Cocke County Court of Appeals 08/18/03
Angelina Gilley v. Express Check Advance,

W2002-02506-WC-R3-CV
The trial court found that the employee was permanently and totally disabled through age sixty-five as a result of compensable injuries, including a herniated disk and Post Traumatic Stress Disorder. In this appeal, the employer questions the court's findings as to causation, amount of disability, temporary benefits and medical benefits. As discussed below, the panel has concluded the evidence fails to preponderate against the findings of the trial court. Therefore, We affirm the judgment of the trial court.
Authoring Judge: Allen W. Wallace, Sr. J.
Originating Judge:Joe C. Morris, Chancellor
Madison County Workers Compensation Panel 08/18/03
State of Tennessee v. Kevin Scott Olmstead

M2002-02120-CCA-R3-CD

The defendant, Kevin Scott Olmstead, pled guilty to two counts of aggravated assault. Following a sentencing hearing, the trial court imposed two consecutive five-year sentences. On appeal, the defendant contends his sentences are excessive. We affirm the judgments of the trial court.

Authoring Judge: Judge Joe G. Riley
Originating Judge:Judge Cheryl A. Blackburn
Davidson County Court of Criminal Appeals 08/15/03
Vernon Elkins, Jr. v. State of Tennessee

M2002-00117-CCA-R3-PC

The petitioner appeals the denial of post-conviction relief after his second degree murder conviction and argues his trial counsel (1) deprived him of his right to testify, and (2) failed to effectively represent him at trial. We affirm the judgment of the post-conviction court.

Authoring Judge: Judge Joe G. Riley
Originating Judge:Judge James K. Clayton, Jr.
Cannon County Court of Criminal Appeals 08/15/03
Tony Baldwin v. Board of Paroles

M2002-01428-COA-R3-CV
A prisoner in the custody of the Tennessee Department of Correction became eligible for parole after serving over twenty years of his sentence. The Parole Board conducted a hearing, and voted to deny him parole. They also decided to defer further parole consideration for another twenty years. The prisoner filed a Petition for Writ of Certiorari, which the trial court denied. We reverse the deferral, because we find that the decision to defer further parole consideration for so many years constitutes an arbitrary exercise of the Parole Board's authority.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Irvin H. Kilcrease, Jr.
Davidson County Court of Appeals 08/15/03
Rosie Mae Thomas v. Magna Seating Systems of America,

W2002-02403-WC-R3-CV
In this appeal employer contends that the trial court erred in admitting the testimony of Dr. Joseph C. Boals, III and that the evidence preponderates against the trial court's award of 25% permanent partial disability to the left arm. For reasons stated in this opinion, We affirm the judgment of the trial court.
Authoring Judge: Allen W. Wallace, Sr. J.
Originating Judge:George R. Ellis, Chancellor
Gibson County Workers Compensation Panel 08/15/03
Aziza Kljajic v. Mirzet Kljajic

M2002-01294-COA-R3-CV
This case raises the question of jurisdiction over a nonresident, in a divorce filed by a Tennessee resident who also seeks custody of the parties' minor children, child support and attorney fees. We hold that the court has jurisdiction to grant the divorce and award custody but does not have jurisdiction to award child support or attorney fees.
Authoring Judge: Judge Royce Taylor
Originating Judge:Muriel Robinson
Davidson County Court of Appeals 08/15/03
State of Tennessee v. Bobby Holt, Jr.

W2002-02443-CCA-R3-CD

The defendant, Bobby Holt, Jr., pled guilty to one count of aggravated burglary, four counts of burglary, three counts of theft over $1000, and one count of theft under $500. The trial court imposed sentences of five years for aggravated burglary, three years on each count of burglary, three years on each count of theft over $1000, and eleven months and twenty-nine days for theft under $500. The sentences were ordered to be served concurrently, for an effective, Range I sentence of five years. In this appeal, the defendant asserts that (1) the trial court erred in the application of enhancement and mitigating factors and (2) that the trial court erred by denying an alternative sentence. The judgments of the trial court are affirmed.

Authoring Judge: Presiding Judge Gary R Wade
Originating Judge:Judge C. Creed McGinley
Hardin County Court of Criminal Appeals 08/15/03
State of Tennessee v. Stephanie C. Hadley

M2002-02441-CCA-R3-CD

The defendant pled guilty to felony failure to appear. Following a sentencing hearing, the trial court imposed a one-year sentence with ninety days of incarceration followed by probation. The defendant appeals the denial of full probation. We affirm the judgment of the trial court but remand for correction of a clerical error in the judgment.

Authoring Judge: Judge Joe G. Riley
Originating Judge:Judge Robert E. Burch
Dickson County Court of Criminal Appeals 08/15/03
State of Tennessee v. Michael Salvatore Morani

E2002-02394-CCA-R3-CD

The defendant, Michael Salvatore Morani, was convicted of one count of attempted first degree murder and one count of theft over $10,000. The trial court imposed consecutive Range I, standard sentences of twenty-three years and five years respectively. The defendant was fined a total of $60,000. In this appeal of right, the defendant contends that the twenty-three-year sentence for attempted murder is excessive and that the trial court erred by imposing the maximum fines on each count. The judgments are affirmed.

Authoring Judge: Presiding Judge Gary R Wade
Originating Judge:Judge Leon C. Burns, Jr.
Cumberland County Court of Criminal Appeals 08/14/03
State of Tennessee v. Steven Paul Deskins

M2002-01808-CCA-R3-CD

A Davidson County jury convicted the defendant, Steven Paul Deskins, of seven counts of rape of a child and four counts of aggravated sexual battery. The trial court imposed an effective seventy-year sentence. In this appeal, the defendant challenges: (1) the sufficiency of the evidence supporting his convictions; (2) the admissibility of evidence indicating the defendant married his wife when she was seventeen years old; (3) the admissibility of evidence regarding statements the defendant made to his wife during sexual intercourse which were similar to statements allegedly made to the victim; and (4) the imposition of consecutive sentences for three of the convictions. We reverse one of the aggravated sexual battery convictions as being in violation of due process and double jeopardy. Otherwise, we affirm the judgments of the trial court.

Authoring Judge: Judge Alan E. Glenn
Originating Judge:Judge Steve R. Dozier
Davidson County Court of Criminal Appeals 08/14/03
Johnny Ray Arnold, Sr. v. Corrections Corporations of America (Whiteville Facility

W2002-02299-WC-R3-CV
The trial court found the plaintiff suffered a 75 percent disability to his body as a whole, and awarded permanent partial disability benefits, the cost of medical treatment, and temporary total disability benefits pursuant to the Workers' Compensation Act of the State of Tennessee. As discussed below, the panel has concluded the evidence does not preponderate against the trial court's findings and we affirm.
Authoring Judge: Allen W. Wallace, Sr. J.
Originating Judge:Joe C. Morris, Chancellor
White County Workers Compensation Panel 08/14/03
Matthew Bruce Henderson v. State of Tennessee

M2002-02501-CCA-R3-PC

The petitioner, Matthew Bruce Henderson, appeals the denial of his petition for post-conviction relief. The petitioner originally entered best interest guilty pleas to two counts each of rape of a child, aggravated sexual battery, and statutory rape, and received an effective sentence of twenty-four years. On appeal, the petitioner contends (1) he received ineffective assistance of counsel in entering his pleas; (2) the trial court erred in failing to hold a competency hearing prior to accepting his pleas; and (3) his guilty pleas were not knowingly and voluntarily entered. Upon review of the record and applicable law, we affirm the judgment of the post-conviction court.

Authoring Judge: Judge Alan E. Glenn
Originating Judge:Judge Cheryl A. Blackburn
Davidson County Court of Criminal Appeals 08/14/03
Edward Ring v. Chemetals, Inc.

W2002-01638-WC-R3-CV
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with the Tenn. Code Ann. Section 5-6- 225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. Claimant has appealed the trial court's decision awarding 15% permanent partial disability to the body as a whole as being inadequate. Claimant seeks an increase award and particularly urges a finding of total disability benefits. Appellee (hereinafter "Employer") filed in its brief a request for consideration of post-judgment evidence. Employer also requests the panel take judicial notice of active and passive range of motion. As discussed below, the panel has concluded the evidence does not preponderate against the trial court's finding and Employer's request for consideration of post- judgment acquired evidence is denied. Employer's request that the panel take judicial notice of active and passive range of motion is also denied. Tenn. Code Ann. _ 5-6-225(e) (22 Supp.) Appeal as of Right; Judgment of the Circuit Court Affirmed ALLEN W. WALLACE, SR. J., in which JANICE M. HOLDER, J. and D. J. ALISSANDRATOS, SP. J., joined. Charles L. Hicks, Camden, Tennessee, for the appellant, Edward Ring. Sean Antone Hunt, Memphis, Tennessee, for appellee, Chemetal, Inc. MEMORANDUM OPINION The employee, or claimant, Edward Ring, initiated this civil action in the Circuit Court of Benton County, Tennessee to recover workers' compensation benefits for injuries he sustained initially on October 23, 1999, and again on August 8, 2, to his shoulders. Following the trial on May 3, 22, the trial court awarded 15% permanent partial disability to the body as a whole. The claimant has appealed this award as being inadequate. Appellant review is de novo upon the record of the trial court, accompanied by a presumption of correctness of the finding of facts, unless the preponderance of the evidence is otherwise. Tenn. Code. Ann. Section 5-6-225(e)(2) (22 Supp.). The reviewing court is required to conduct an independent examination of the record to determine where the preponderance of the evidence lies.
Authoring Judge: Allen W. Wallace, Sr. J.
Originating Judge:Jullian P. Guinn, Circuit Judge
Benton County Workers Compensation Panel 08/14/03
Linda Bradley v. John Waderker

M2002-02017-COA-R3-CV
A driver and the passengers in his 1993 Ford Explorer appeal a non-jury judgment of the Circuit Court of Montgomery County. The Ford Explorer collided with a police cruiser at an intersection in the City of Clarksville. The trial court held both drivers to be equally at fault and dismissed the case. We affirm the trial court.
Authoring Judge: Judge William B. Cain
Originating Judge:Ross H. Hicks
Montgomery County Court of Appeals 08/13/03
State of Tennessee v. Carlos Caudill

E2002-02339-CCA-R3-CD

Defendant, Carlos Caudill, was indicted by the Claiborne County Grand Jury for second degree murder. On December 18, 2001, Defendant entered a guilty plea as a Range II multiple offender to voluntary manslaughter, with the length and manner of service of his sentence to be determined by the trial court. Following a sentencing hearing, the trial court sentenced Defendant to nine years imprisonment. Defendant appeals the length and manner of service of his sentence. We find no error and affirm the judgment of the trial court.

Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Judge E. Shayne Sexton
Claiborne County Court of Criminal Appeals 08/13/03
State of Tennessee v. Thomas Mitchell

W2002-01781-CCA-R3-CD

Defendant, Thomas Mitchell, was indicted by the Shelby County Grand Jury for burglary of a building other than a habitation, a Class D felony. Following a jury trial, Defendant was convicted as charged and sentenced as a persistent offender to ten years and six months confinement. In this appeal as of right, Defendant presents a single issue, whether the trial court erred in failing to instruct the jury on the lesser-included offense of facilitation. After a review of the record, we affirm the judgment of the trial court.

Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Judge Chris B. Craft
Shelby County Court of Criminal Appeals 08/13/03
Tamara Fontaine v. Weekly Homes

M2002-01651-COA-R3-CV
Defendants/appellants appeal the trial court's denial of their motion to compel arbitration. We affirm.
Authoring Judge: Judge David R. Farmer
Originating Judge:Russell Heldman
Williamson County Court of Appeals 08/13/03
State of Tennessee v. Jimmy Wayne Perkey

E2002-00772-CCA-R3-CD

The defendant, Jimmy Wayne Perkey, pled guilty to aggravated vehicular homicide. The trial court subsequently sentenced the defendant to serve twenty-five years as a Range I standard offender and ordered the defendant to pay a $50,000 fine. The defendant brings the instant appeal challenging his sentence and the imposition of his fine. After reviewing the record, we find that none of the defendant's claims merit relief.

Authoring Judge: Judge Jerry L. Smith
Originating Judge:Judge Ray L. Jenkins
Knox County Court of Criminal Appeals 08/12/03
Dedrick Patton v. State

M2003-00126-CCA-R3-PC
The petitioner, Dedrick Patton, appeals from the denial of his petition for post-conviction relief. The issues presented for review are as follows: (1) whether he was denied the effective assistance of counsel; (2) whether he knowingly and voluntarily entered his plea of guilt; (3) whether a sufficient factual basis was entered to support the plea; (4) whether there was a violation of the right to due process; and (5) whether there was a racially biased grand jury. The judgment is reversed, the conviction set aside, and the cause remanded for trial.
Authoring Judge: Judge Gary R Wade
Originating Judge:James K. Clayton, Jr.
Rutherford County Court of Criminal Appeals 08/12/03