| State of Tennessee v. Jimmy Ray Cureton
E2001-01511-CCA-R3-CD
The trial jury convicted the defendant, Jimmy Ray Cureton, of felony murder and attempted especially aggravated robbery. However, the trial court amended the defendant's attempted especially aggravated robbery conviction to attempted aggravated robbery based on the wording of the defendant's indictment. This Court subsequently reversed the trial court, finding that the indictment language was sufficient to allege attempted especially aggravated robbery. See State v. Cureton, 38 S.W.3d 64, 83-84 (Tenn. Crim. App. 2000). We remanded the case for re-sentencing, and, upon remand, the trial court sentenced the defendant to serve ten years for his attempted especially aggravated robbery conviction consecutively to his life sentence for the felony murder conviction. The defendant now brings this direct appeal contending that his sentence is both (1) excessive and (2) improper because his indictment alleges that he merely committed attempted aggravated robbery. After reviewing the procedural history of this case and the record of the sentencing hearing, we find that neither of the defendant's allegations merits relief.
Authoring Judge: Judge Jerry L. Smith
Originating Judge:Judge Ray L. Jenkins |
Knox County | Court of Criminal Appeals | 01/28/03 | |
| Louis Brooks v. Lee Creech
M2001-02355-COA-R3-CV
This matter involves a fraudulent transfer of real property and violation of Tennessee's Consumer Protection Act occurring as a result of Plaintiff's attempt to obtain a loan using his real property as collateral. In return for a loan of $4000.00, Plaintiff quit claimed his home as collateral and gave Defendant Creech physical possession of the promissory note in exchange for the loan. Defendant Stigall, who had office space in the same office, was listed as trustee of the property and payee on the promissory note. She then represented herself to First American Bank as owner of the property and wife of Defendant Creech, obtaining a loan for $42,000.00 and offering Plaintiff's property as collateral. The trial court found that Defendants Stigall and Creech were involved in a conspiracy and that they violated the Tennessee Consumer Protection Act and defrauded Plaintiff and First American Bank (now AmSouth Bank). The court reformed the Quitclaim Deed into a Deed of Trust, giving the bank a subrogation in the $4000.00 owed to Defendant Stigall. Only Defendant Stigall appeals. We affirm the trial court's decision in its entirety.
Authoring Judge: Judge William B. Cain
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 01/28/03 | |
| Glenda Cooper vs. State
E2002-02415-COA-R3-CV
This is a wrongful death action filed against the State of Tennessee with the Tennessee Claims Commission. The State filed a motion for judgment on the pleadings, asserting that it was not liable for the actions of the Bradley County Sheriff, whose negligence is alleged to be the proximate cause of the death of the plaintiff's intestate. The Claims Commission, relying upon the case of Spurlock v. Sumner County, 42 S.W.3d 75 (Tenn. 2001), held that the sheriff was not a state employee but rather a county officer. It dismissed the claim against the State. We affirm.
Authoring Judge: Judge Charles D. Susano, Jr.
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Bradley County | Court of Appeals | 01/27/03 | |
| State of Tennessee v. Devon Lee Ramsey
M2001-02445-CCA-R3-CD
Defendant, Devon Lee Ramsey, pled guilty to one count of Class D felony theft and three counts of Class E felony forgery. Following a sentencing hearing, the trial court sentenced Defendant to serve three and one-half years for the theft conviction, and one and one-half years for each of the forgery convictions. The trial court further ordered the sentences for the forgery convictions to be served concurrently with each other, but consecutively to the sentence for theft, for an effective sentence of five years on these convictions. These sentences were further ordered to be served consecutively to an effective sentence of two years for ten forgery convictions in Coffee County. Defendant has appealed arguing that the trial court erred by imposing excessive sentences and by ordering consecutive sentencing. After a review of the entire record, we affirm the judgments of the trial court.
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Judge Lee Russell |
Bedford County | Court of Criminal Appeals | 01/27/03 | |
| State of Tennessee v. Clemmie Rhyan
W2001-03019-CCA-R3-CD
A Shelby County Criminal Court jury convicted the defendant, Clemmie Rhyan, of second degree murder, a Class A felony, and the trial court sentenced him as a Range I, violent offender to twenty-two years in the Department of Correction (DOC). The defendant appeals, claiming (1) that the evidence is insufficient to support his conviction; (2) that the trial court erred by refusing to instruct the jury on self-defense; and (3) that his sentence is excessive. We affirm the judgment of the trial court.
Authoring Judge: Judge Joseph M. Tipton
Originating Judge:Judge John P. Colton, Jr. |
Shelby County | Court of Criminal Appeals | 01/27/03 | |
| State of Tennessee v. Donald Johnson Jr.
W2001-02883-CCA-R3-CD
A Shelby County jury convicted the defendant, Donald Johnson, Jr., of first degree murder in perpetration of robbery, and the trial court sentenced him to life. On appeal, this court vacated the judgment of the trial court and remanded for findings relating to the motion to suppress the defendant's statements to police officers. Upon remand, the trial court made additional findings and again denied the motion. Upon reviewing the record, we affirm the judgment of the trial court.
Authoring Judge: Judge Joe G. Riley
Originating Judge:Judge Bernie Weinman |
Shelby County | Court of Criminal Appeals | 01/27/03 | |
| The Rogers Group vs. Anderson County
E2002-00409-COA-R9-CV
After case was tried, the Trial Judge recused and another Judge was designated who granted a new trial on all issues. On appeal, we affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Telford E. Forgerty, Jr. |
Anderson County | Court of Appeals | 01/27/03 | |
| State vs. Deborah Rainey
W2002-00010-COA-R3-CV
This appeal arises from a condemnation proceeding. The trial court awarded the Appellant $38, 040.00 as the fair market value of the property taken and zero dollars for incidental damages to the remaining property. Appellant raises a single issue on appeal. For the following reasons, we dismiss the appeal.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Rita L. Stotts |
Shelby County | Court of Appeals | 01/27/03 | |
| State of Tennessee v. Ronnie Jerome Russell
M2001-03057-CCA-R3-CD
Following an evidentiary hearing, the Criminal Court of Sumner County entered an order finding the Defendant, Ronnie Jerome Russell, to be in violation of the conditions of his supervised probation and ordered him to serve his sentence in the Department of Correction. The Defendant appealed arguing that the trial court failed to exercise a "conscientious and intelligent judgment" in finding that he had violated the terms and conditions of probation and in revoking his probation. After a review of the record, we affirm the judgment of the trial court.
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Judge Jane W. Wheatcraft |
Sumner County | Court of Criminal Appeals | 01/27/03 | |
| State of Tennessee v. Dennis Cedric Woodard, Jr.
M2002-00122-CCA-R3-CD
The Defendant, Dennis Cedric Woodard, Jr., was convicted by a jury of first degree premeditated murder and sentenced to life imprisonment with the possibility of parole. In this appeal as of right, the Defendant argues that the evidence presented at trial is not sufficient to sustain his conviction. We affirm the judgment of the trial court.
Authoring Judge: Judge David H. Welles
Originating Judge:Judge W. Charles Lee |
Bedford County | Court of Criminal Appeals | 01/24/03 | |
| James Jordan Jr. vs. Kelly Jordan
W2002-00854-COA-R3-CV
This case involves the enrollment of a foreign divorce decree, enforcement of the child support obligation therein, and the modification of the visitation privileges set out in the decree. The trial court enrolled the foreign decree, entered judgment for arrearages and child support, and amended the enrolled judgment as to the visitation privileges for Father. Father appeals. We affirm.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Rita L. Stotts |
Shelby County | Court of Appeals | 01/23/03 | |
| Eddie M. Gurley And Janet R. Gurley v. Hickory Withe
W2002-02050-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Dewey C. Whitenton |
Fayette County | Court of Appeals | 01/23/03 | |
| Raymond Anthony vs. Christine Rodgers
W2002-01240-COA-R3-CV
This case began as a petition for dependency and neglect but evolved into a custody dispute between the mother and father of a child born out of wedlock. Originally, the mother appealed to the Circuit Court of Shelby County which stayed the order of the Juvenile Court granting custody to the father. The father appealed to this Court pursuant to Rule 10 of the Rules of Appellate Procedure and we remanded this case to the Circuit Court for entry of an order transferring the appeal to this Court as the Circuit Court lacked subject matter jurisdiction. For the following reasons, we affirm the decision of the Juvenile Court.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Rita L. Stotts |
Shelby County | Court of Appeals | 01/23/03 | |
| Jet Printing v. Deep South Wholesale Paper
M2001-02582-COA-R3-CV
This is a breach of contract case. A bag manufacturer ordered printed polyethylene film from a printing company, to be made into bags to sell to chicken packaging companies. The film was treated on both sides. Consequently, the bag manufacturer was unable to properly seal the bags. Later shipments of film that were not treated on both sides sealed properly. The bag manufacturer refused to pay for the initial shipment of film that would not seal, so the seller printing company sued for breach of contract. The trial court found for the bag manufacturer, holding that the seller breached both an implied term of the contract and an implied warranty of fitness for a particular purpose. On appeal, the seller printing company argues that the trial court erred in finding that the film did not conform to the contract and that the seller breached the implied warranty of fitness for a particular purpose, and that the trial court erred in excluding the testimony of the seller's proffered expert. We affirm, finding that the trial court did not err in finding that the seller breached an implied warranty for a particular purpose, nor in excluding the testimony of the seller's expert witness.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Carol L. Mccoy |
Davidson County | Court of Appeals | 01/23/03 | |
| Michael Higgins vs. Sheriff A.C.Gilles Jr.
W2001-02829-COA-R3-CV
Petitioner, off-duty deputy sheriff, was arrested during bust of known drug house for possession of drug paraphernalia. Upon deputy sheriff's arrest, Internal Affairs twice ordered petitioner to submit to drug test. At time of requests, petitioner did not have assistance of counsel; however, two Sheriff's Association representatives were present and available for consultation. Petitioner refused both orders, but on third day following arrest, after consulting with an attorney, voluntarily requested drug test. Department refused request, and subsequently charged petitioner with insubordination, possession and use of illegal drugs, and conduct unbecoming an officer. After hearing before the Deputy Chief, petitioner was terminated. Civil Service Merit Board upheld termination, and petitioner filed common law writ of certiorari with chancery court. Chancery court affirmed the Civil Service Merit Board. We affirm.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:D. J. Alissandratos |
Shelby County | Court of Appeals | 01/23/03 | |
| Violet Guarino v. Joseph Corrozzo
M2001-02789-COA-R3-CV
The appellant was ordered in a divorce decree to pay his wife a portion of his pension. He attempted to discharge these payments in a bankruptcy proceeding. The Chancery Court of Rutherford County held that the payments were non-dischargeable because they constituted "support, maintenance or alimony" payments which are not dischargeable under the bankruptcy code. On appeal, appellant argues that wife violated the automatic stay injunction by filing in a state court and that she failed to properly object to the discharge. Appellant also argues that the trial court did not have subject matter jurisdiction. We hold that the payments were in the nature of support and, therefore, not a dischargeable debt. This result means that the issues raised by the appellant are moot. We affirm the trial court's decision.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Royce Taylor |
Rutherford County | Court of Appeals | 01/23/03 | |
| Brenda Martin, Executor Est. of Dewey Moore v. Jean Moore
M2001-03144-COA-R3-CV
A man who had been diagnosed with dementia executed a power of attorney in favor of his wife. The wife used the power to withdraw all the money from her husband's separately owned bank account, and sent most of it to her brother for investment overseas. She also completed the sale of real property her husband had owned in Kentucky, and placed the proceeds in a marital account. After his death, the man's daughter from a previous marriage brought suit for breach of fiduciary duty, asking for the return of the assets to his estate. The trial court ordered the return of the money taken from the bank account, but ruled that the wife was entitled to keep the proceeds from the sale of the real property. The court also ordered the wife to pay some of the daughter's attorney fees. We affirm the judgment of the trial court.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Vernon Neal |
Clay County | Court of Appeals | 01/23/03 | |
| Christopher Ryan vs. James Surprise
W2001-02853-COA-R3-CV
This case involves discovery sanctions. The plaintiff sued the defendants, a lawyer and his law firm, for legal malpractice. The plaintiff requested certain documents from the defendants at least three times, which were not produced. The trial court ordered production of the documents at a deposition. The documents were not produced at the deposition. Twenty-eight days after the deposition, on the eve of a hearing on the defendants' alleged discovery abuses, the documents were produced. In response to the plaintiff's request for sanctions, the trial court ordered that the defendants pay the plaintiff's attorney a monetary sanction. The defendants appeal, arguing that the imposition of the sanction was an abuse of discretion, because there was no evidence indicating the amount of attorney time spent on the alleged discovery abuse and, therefore, no evidentiary basis for the amount of the sanction. We vacate the order of the trial court and remand for further proceedings, because the record does not support the trial court's award.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:George H. Brown |
Shelby County | Court of Appeals | 01/23/03 | |
| Western Express v. Benchmark Electronics
M2001-03151-COA-R3-CV
Western Express, Inc. sued Benchmark Electronics Huntsville, Inc. for detention charges after Western's trailers were unreasonably detained at Benchmark's plant in Pulaski. The Chancery Court of Davidson County granted summary judgment to Benchmark, and Western asserts on appeal that the court erred in finding that the undisputed facts show that Western cannot prevail on its claims. We reverse the judgment of the trial court.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Carol L. Mccoy |
Davidson County | Court of Appeals | 01/23/03 | |
| In matter of: S.Y., J.Y., and D.Y.
W2002-00593-COA-R3-JV
Department of Children's Services filed petition to terminate parental rights of mother of dependent and neglected minor children. Department's termination petition was based on allegations of abandonment, mother's failure to substantially comply with a permanency plan, and the removal of the children for at least six months with little likelihood that the condition causing removal will be remedied. Juvenile Court granted petition terminating mother's parental rights. Mother appeals, asserting that juvenile court violated her due process rights by failing to appoint an attorney for the dependent and neglect proceeding, and erred in concluding that clear and convincing evidence exists to support findings that warrant termination of parental rights. We affirm.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:George E. Blancett |
Shelby County | Court of Appeals | 01/22/03 | |
| State of Tennessee v. Art Mayse
M2001-03172-CCA-R3-CD
The Defendant, Art Mayse, was convicted by a jury of eleven counts of rape of a child, each a class A felony, and seven counts of aggravated sexual battery, each a class B felony. After a sentencing hearing, he was sentenced as a Range I offender to an effective sentence of fifty years to be served in the Department of Correction. In this appeal as of right, the Defendant challenges: (1) the adequacy of the bill of particulars, (2) the constitutionality of the delay between the commission of the offenses and the disclosure to authorities, (3) the trial court's denial of his request for a change of venue and motion to excuse a juror for cause, and (4) the sufficiency of the evidence. Because the evidence is insufficient to support two of the aggravated sexual battery convictions, those convictions are reversed and dismissed. The remaining convictions are reversed and the case is remanded for a retrial on those charges because the trial court failed to require the State to elect the offenses on which it relied to support the convictions.
Authoring Judge: Judge David H. Welles
Originating Judge:Judge E. Shayne Sexton |
Fentress County | Court of Criminal Appeals | 01/22/03 | |
| Promus Hotels vs. Martin, Cole, Dando, Robertson
W2002-01028-COA-R3-CV
Shelby County -This is an appeal from an Order denying Appellant's Motion to Compel Arbitration. Appellant filed a third-party claim against its subcontractor, Appellee, for indemnity. The Subcontract between the parties contained an agreement to arbitrate. Appellant contends that the agreement binds Appellee to arbitrate the matter. Appellee contends that it is not bound to arbitrate due to an exception in the Subcontract. We affirm and remand.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Walter L. Evans |
Shelby County | Court of Appeals | 01/22/03 | |
| State of Tennessee v. Mark A. Griffin
E2001-02006-CCA-R3-CD
The appellant, Mark A. Griffin, was convicted by a jury in the Anderson County Criminal Court of first degree murder committed in the perpetration of an aggravated robbery and was sentenced to life imprisonment without the possibility of parole. On appeal, the appellant raises several evidentiary questions, contests the jury charge, and challenges the sufficiency of the evidence supporting his conviction. Upon review of the record and the parties' briefs, we affirm the judgment of the trial court.
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:Judge James B. Scott, Jr. |
Anderson County | Court of Criminal Appeals | 01/22/03 | |
| A.I.J.J. Inc. vs. Norman Weizer
W2002-00975-COA-R3-CV
This dispute regards a contractual obligation of an employee to repay recruitment costs incurred by his employer should he leave his position within a two year period. The trial court applied Florida law to the dispute and awarded judgment to the employer. We hold the contract is governed by New York law. We further find the provision was not applicable where the employee was terminated and reverse the judgment.
Authoring Judge: Judge David R. Farmer
Originating Judge:Robert L. Childers |
Shelby County | Court of Appeals | 01/22/03 | |
| Avis Estes, Etc. v. Edgar Meek
M2001-02695-WC-R3-CV
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. _ 5-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. In this appeal, the employer questions the trial court's finding that the death of Walter B. Estes was the caused by a work related accidental injury. As discussed below, the panel has concluded the judgment should be affirmed. Tenn. Code Ann. _ 5-6-225(e) (21 Supp.) Appeal as of Right; Judgment of the Chancery Court Affirmed JOE C. LOSER, JR., SP. J., in which ADOLPHO A. BIRCH, JR., J., and WILLIAM H. INMAN, SR. J., joined. Blakely D. Matthews and Jay N. Chamness, Cornelius & Collins, Nashville, Tennessee, for the appellant, Edgar Meek Jerred A. Creasy, Vandivort & Creasy, Charlotte, Tennessee, for the appellee, Avis Estes, surviving spouse of Walter B. Estes MEMORANDUM OPINION The claimant, Avis Estes, initiated this civil action to recover workers' compensation benefits for the allegedly work related death of the employee, her late husband, Walter Estes. By its answer, the employer, Edgar Meek, admitted the employee suffered a compensable injuryby accident on July 1, 1998, but denied that his death on September 29, 1998 was causally related to that accident. After a trial on the merits, the trial court found the accident to be the cause of Mr. Estes's death and awarded benefits to Mrs. Estes. The employer has appealed. For injuries occurring on or after July 1, 1985, appellate review is de novo upon the record of the trial court, accompanied by a presumption of correctness of the findings of fact, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. _ 5-6-225(e)(2) (21 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: Joe C. Loser, Jr., Sp. J.
Originating Judge:Leonard Martin, Chancellor |
Dickson County | Workers Compensation Panel | 01/22/03 |
