APPELLATE COURT OPINIONS

Please enter some keywords to search.
W2003-01816-COA-R3-CV

W2003-01816-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Originating Judge:Dewey C. Whitenton
Fayette County Court of Appeals 10/21/03
Dept. of Children's Services vs. K.G., et al In re: K.L.H.

E2003-00437-COA-R3-PT
The State of Tennessee, Department of Children's Services ("DCS") filed a petition seeking to terminate the parental rights of K.G. ("Mother"), and F.L.H., Jr. ("Father"), the biological parents of the minor child, K.L.H. ("the Child"). The trial court granted DCS' petition to terminate first Father's, and later Mother's, parental rights. Mother appeals. We vacate the order terminating Mother's parental rights and remand for a new termination decision.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Suzanne Bailey
Hamilton County Court of Appeals 10/20/03
Department of Children's services vs. R.A.W.

E2003-00847-COA-R3-PT
R.A.W. ("Father") challenges the termination of his parental rights, claiming there was insufficient proof to establish grounds for termination or that it was in the best interest of the child to terminate the parent-child relationship. Father also claims the Juvenile Court erred when it refused to grant him visitation after the petition to terminate his parental rights had been filed. We affirm the decision of the Juvenile Court.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Thomas J. Wright
Greene County Court of Appeals 10/20/03
State v. Jerry Davidson

M1998-00105-SC-DDT-DD
Authoring Judge: Justice Janice M. Holder
Originating Judge:Allen W. Wallace
Dickson County Supreme Court 10/20/03
LLoyd Williams vs. State

E2003-01409-COA-R3-CV
Lloyd E. Williams ("Plaintiff"), who absconded while on bond, was tried, convicted, and sentenced on drug charges in absentia. Years later, Plaintiff was apprehended and placed in prison. Plaintiff sued the State of Tennessee ("the State") claiming that the trial and sentencing violated various statutory rights of his. The State filed a motion to dismiss. The Claims Commission ("the Commission") granted the State's motion to dismiss. Plaintiff appeals. We affirm.
Authoring Judge: Judge David Michael Swiney
Court of Appeals 10/20/03
State v. Jerry Davidson

M1998-00105-SC-DDT-DD
Authoring Judge: Justice Janice M. Holder
Originating Judge:Allen W. Wallace
Dickson County Supreme Court 10/20/03
Ed Netherland, et al v. Bill Hunter, et al

M2002-03094-COA-R9-CV
In this matter we are asked to determine which statute controls the issue of venue for a claim filed under the Tennessee Consumer Protection Act, the venue provision of that act, Tennessee Code Annotated section 47-18-109, or Tennessee's general venue provision, section 20-4-101 of the Code. The trial court determined that section 47-18-109 controls venue in this action and denied Defendants' Motion to Dismiss for Improper Venue. We affirm the decision of the trial court.
Authoring Judge: Judge William B. Cain
Originating Judge:Walter C. Kurtz
Davidson County Court of Appeals 10/20/03
State v. Jerry Davidson

M1998-00105-SC-DDT-DD
Authoring Judge: Justice Janice M. Holder
Originating Judge:Allen W. Wallace
Dickson County Supreme Court 10/20/03
State of Tennessee v. Mona Ray Cloud alias Mona R. Headrick, alias Mona R. Cloud, alias Mona Headrick

E2002-03002-CCA-R3-CD

The defendant, Mona Ray Cloud, pled guilty in the Blount County Circuit Court to aggravated burglary, a Class C felony; violating the Motor Vehicle Habitual Offender (MVHO) Act, a Class E felony; and criminal impersonation, a Class A misdemeanor. Pursuant to the plea agreement, she received four-year, one-year, and six-month sentences, respectively, with the one-year and six-month sentences to be served concurrently to each other but consecutively to the four-year sentence for an effective sentence of five years in the Department of Correction (DOC). The manner of service was to be determined by the trial court. After a sentencing hearing, the trial court ordered the defendant to serve her sentences in confinement. The defendant appeals, claiming that she should have received alternative sentences. We affirm the judgments of the trial court.

Authoring Judge: Judge Joseph M. Tipton
Originating Judge:Judge D. Kelly Thomas, Jr.
Blount County Court of Criminal Appeals 10/20/03
In the Matter of D.L.B., A Minor

W2001-02245-SC-R11-CV

This appeal involves an action to terminate parental rights filed by the prospective adoptive parents of a child. The child’s father asserts that the chancery court erred in terminating his parental rights on the basis that he abandoned his child for the four-month period set forth in Tennessee Code Annotated section 36-1-102(1)(A)(i). To compute the four-month period, the chancery court used the date on which the Court Appointed Special Advocate (“CASA”) filed a petition in juvenile court to terminate the father’s parental rights. CASA’s petition was later dismissed. The Court of Appeals affirmed the chancery court’s termination of parental rights under Tennessee Code Annotated section 36-1-102(1)(A)(i) and found an additional ground for abandonment as defined by Tennessee Code Annotated section 36-1-102(1)(A)(iii). Tennessee Code Annotated section 36-1-102(1)(A)(iii) specifies that parental rights may be terminated if the father “willfully failed to make reasonable payments toward the support of the child’s mother during the four (4) months immediately preceding the birth of the child.” We granted permission to appeal. We hold that the commencement of the four-month period of abandonment under Tennessee Code Annotated section 36-1-102(1)(A)(i) is properly computed from the date on which the petition to terminate parental rights was filed in chancery court, not from the filing date of the earlier juvenile court petition. We further hold that the Court of Appeals erred in terminating the father’s parental rights based upon Tennessee Code Annotated section 36-1-102(1)(A)(iii). Accordingly, we reverse the Court of Appeals and remand this case to the trial court.

Authoring Judge: Justice Janice M. Holder
Originating Judge:Chancellor Kenny W. Armstrong
Shelby County Supreme Court 10/20/03
Arthur Creech vs. Robert R. Addington

E2003-00842-COA-R3-CV
The plaintiffs leased land in Mississippi from D.C. Parker and Richard B. Flowers ("Defendants") for the purpose of building motels on the land. Plaintiffs claim they were told by Defendants' agent that financing was in place to build immediately and that this representation induced them to enter into the leases. Financing never materialized and the motels never were built. Plaintiffs sued Defendants, the parties expected to provide financing, and others. Defendants filed a motion for summary judgment, which the Trial Court granted. Plaintiffs appeal. We vacate and remand.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Richard R. Vance
Sevier County Court of Appeals 10/17/03
Louis Ernest Cunningham v. Cheryl Lynne Cheatham

W2002-02296-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Originating Judge:Joe C. Morris
Madison County Court of Appeals 10/17/03
State of Tennessee v. Angelee Prater

E2002-01774-CCA-R3-CD

The appellant, Angelee Prater, was convicted by a jury of aggravated child abuse, a Class A felony and fined $25,000. As a result of the conviction, the trial court sentenced her to twenty-one years and six months incarceration as a Range I, standard offender and classified her release eligibility at 100% as a violent offender. After the trial court denied the appellant's motion for a new trial, she appealed. The appellant argues on appeal that the aggravated child abuse statutes, Tennessee Code Annotated sections 39-15-401 and -402 are unconstitutionally vague as applied to her conduct and that the evidence was not sufficient to support a verdict of guilt. After a thorough review of the record, we conclude that the statutes in question are constitutional and that the evidence is sufficient to support the verdict of guilt. Accordingly, the judgment of the trial court is affirmed.

Authoring Judge: Judge Jerry L. Smith
Originating Judge:Judge J. Curtis Smith
Rhea County Court of Criminal Appeals 10/17/03
Ronald Loines vs. Kimberly Loines

E2003-00526-COA-R3-CV
In this divorce case, the trial court awarded Ronald Keith Loines, Jr. ("Husband") a divorce from Kimberly Loines ("Wife") by judgment entered January 14, 2003. Wife filed her notice of appeal on February 25, 2003. Because the notice of appeal was not filed within 30 days of the entry of the judgment of divorce, we are without jurisdiction to consider the issues raised by Wife. Accordingly, Wife's appeal is dismissed.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Samuel H. Payne
Hamilton County Court of Appeals 10/17/03
State of Tennessee v. Barry Inman

M2002-02463-CCA-R3-CD

The appellant, Barry Inman, was convicted by a jury in the Williamson County Circuit Court of possession of over .5 grams of cocaine with the intent to sell or deliver, possession of Alprazolam with the intent to sell or deliver, possession of marijuana, possession of drug paraphernalia, and speeding. Additionally, the appellant pled guilty to driving on a revoked license. The trial court sentenced the appellant to a total effective sentence of nine years incarceration in the Tennessee Department of Correction. On appeal, the appellant contends that the trial court should have granted his motion for judgments of acquittal and that the evidence adduced at trial was insufficient to sustain his convictions. Upon review of the record and the parties' briefs, we affirm the judgments of the trial court.

Authoring Judge: Judge Norma McGee Ogle
Originating Judge:Judge Timothy L. Easter
Williamson County Court of Criminal Appeals 10/17/03
Louis Laurent vs. Suntrust Bank

E2003-01408-COA-R3-CV
Louis A. Laurent and Barbara Laurent ("Plaintiffs") sued SunTrust Bank ("Defendant") for alleged defamatory statements made by Defendant's attorney in a separate lawsuit. Defendant filed a motion to dismiss for failure to state a claim upon which relief can be granted. The Trial Court granted the motion to dismiss. Plaintiffs appeal. We affirm.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Dale C. Workman
Knox County Court of Appeals 10/17/03
State of Tennessee v. Geraldrick Jones

W2002-00747-CCA-R3-CD

This direct appeal of right for first degree murder for which the defendant received a sentence of life without parole raises five issues of alleged error: (1) sufficiency of evidence; (2) failure to suppress the defendant's statements; (3) improper admission of photographs; (4) improper testimony of experts at the penalty phase of trial; and (5) improper admission of evidence concerning a prior conviction of the defendant. We conclude that the evidence was sufficient to support the first degree murder conviction. The issue concerning admissibility of the defendant's statement is waived by the defendant's failure to include the suppression hearing in the appellate record. We conclude that the remaining issues were properly decided by the trial court, and we, therefore, affirm the conviction.

Authoring Judge: Judge John Everett Williams
Originating Judge:Judge Chris B. Craft
Shelby County Court of Criminal Appeals 10/17/03
State of Tennessee v. Paul Pettibone

M2002-03021-CCA-R3-CD

The appellant, Paul Edward Pettibone, Jr., pled guilty to the offense of attempted aggravated robbery, a Class C Felony. He was sentenced to four years as a Range I, standard offender. The trial judge ordered the appellant to serve his sentence in incarceration, but asserted that if the appellant successfully completed an addiction treatment program known as Lifeline Therapeutic Community, he could apply to the court to suspend the rest of his sentence.1 In this appeal as of right, the appellant contends that the trial court erred by failing to grant either an alternative sentence or a term of probation after a period of confinement. After a review of this case, we conclude that the evidence did not support the grant of an alternative sentence or a term of probation after a period of confinement and thus affirm the judgment of the trial court.

Authoring Judge: Judge Jerry L. Smith
Originating Judge:Judge Cheryl A. Blackburn
Davidson County Court of Criminal Appeals 10/17/03
State of Tennessee v. Charles Lawuary

W2002-02739-CCA-R3-CD

Defendant, Charles Lawuary, appeals from the trial court's order revoking Defendant's community corrections sentence and requiring him to serve the sentence in incarceration. Defendant argues that the trial court abused its discretion in revoking the community corrections sentence. After a review of the record, the briefs of the parties, and the applicable law, we affirm the judgment of the trial court.

Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Judge Roger A. Page
Madison County Court of Criminal Appeals 10/17/03
In Re: Estate of Carl Myers & Commercial Bank

E2002-01154-COA-R3-CV
The Trial Court voided agreements with Bank by Decedent creating survivorship accounts with his daughter on grounds of incompetency. On appeal, we affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Billy Joe White
Union County Court of Appeals 10/17/03
W2003-00983-COA-R3-CV

W2003-00983-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Originating Judge:Lee Moore
Dyer County Court of Appeals 10/17/03
State of Tennessee v. Claude W. Cheeks

E2002-03083-CCA-RM-CD

The appellant, Claude W. Cheeks, was convicted by a jury in the Hamilton County Criminal Court of one count of especially aggravated robbery and two counts of aggravated assault. The trial court sentenced the appellant to a total effective sentence of twenty-five years incarceration in the Tennessee Department of Correction. The appellant appealed and on July 22, 2002, this court reversed his convictions, finding that the appellant had met his burden of establishing his insanity at the time of the offenses. The State filed an application for permission to appeal to our supreme court pursuant to Rule 11 of the Tennessee Rules of Appellate Procedure. The supreme court granted the State's application for the sole purpose of remanding the case to this court for reconsideration in light of its opinion in State v. Flake, 88 S.W.3d 540 (Tenn. 2002). Upon reconsideration, we affirm the judgments of the trial court.

Authoring Judge: Judge Norma McGee Ogle
Originating Judge:Judge Rebecca J. Stern
Hamilton County Court of Criminal Appeals 10/17/03
Hitchock Metal Sources vs. John D. Mulford

E2003-00738-COA-R3-CV
Diane Hitchcock ("Mrs. Hitchcock") and Hitchcock Metal Sources, Inc. ("HMS") sued John D. Mulford, Jr. ("Mulford") and Mulford Enterprises, Inc. ("the defendant corporation") for breach of an oral contract between Mulford and Mrs. Hitchcock's deceased husband, James H. Hitchcock ("Mr. Hitchcock"). Mulford and the defendant corporation responded by filing a counterclaim against Mrs. Hitchcock and HMS, asserting, inter alia, breach of contract. At the conclusion of a bench trial, the court found in favor of Mrs. Hitchcock, awarding her damages of $87,896.74 jointly and severally against Mulford and the defendant corporation, and an additional amount of $8,855.93 against the defendant corporation. The trial court dismissed the counterclaim of Mulford and the defendant corporation, as well as the original claim of HMS. Mulford and the defendant corporation appeal the trial court's dual determinations that the parties' oral agreement did not prohibit either party from pursuing other business opportunities and that the defendant corporation converted Mrs. Hitchcock's steel by selling it without her knowledge or consent. In addition, the defendants contend that the trial court erred in failing to reform the parties' contract and in its calculation of damages. By way of a separate issue, Mrs. Hitchcock asserts that the trial court abused its discretion in failing to award her prejudgment interest. We affirm the trial court's judgment in toto.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Sharon J. Bell
Knox County Court of Appeals 10/17/03
James Eugene Parks, Jr. v. State of Tennessee

E2002-02816-CCA-R3-PC

The petitioner, James Eugene Parks, appeals the Knox County Criminal Court's denial of his petitions for post-conviction relief from robbery-related convictions. He contends that he did not voluntarily enter guilty pleas because he was under the influence of alcohol at the time of the pleas. He also claims that he received the ineffective assistance of counsel because his attorneys did not investigate the case adequately. We affirm the trial court's denial of the petitions.

Authoring Judge: Judge Joseph M. Tipton
Originating Judge:Judge Richard R. Baumgartner
Knox County Court of Criminal Appeals 10/17/03
Myra Pate vs. State

E2003-00297-COA-R3-CV
Myra Pate ("Plaintiff") filed a claim with the Tennessee Division of Claims Administration after she slipped and fell on her way to class at Pellissippi State Technical Community College ("PSTCC"). When her claim was denied, Plaintiff filed a complaint in the Tennessee Claims Commission ("Commission") against the State of Tennessee ("the State"). The State filed a motion for summary judgment claiming Plaintiff had filed for Chapter 13 bankruptcy and failed to disclose the existence of her claim against the State. The State argued Plaintiff was judicially estopped from pursuing this lawsuit and also that she lacked standing. When Plaintiff failed to file a timely response to the motion for summary judgment, the Commission granted the motion solely because no response had been filed. Plaintiff appeals. We vacate the grant of summary judgment and remand for further proceedings.
Authoring Judge: Judge David Michael Swiney
Court of Appeals 10/17/03