APPELLATE COURT OPINIONS

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State of Tennessee v. Kenneth King

W2002-00938-CCA-R3-CD

Defendant, Kenneth King, was convicted of burglary of a building and was sentenced to twelve years in the Tennessee Department of Correction as a career offender. Defendant now appeals his conviction alleging that the trial court erred in refusing to grant a mental evaluation prior to trial to determine Defendant's competency to stand trial. 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 01/29/03
K.D.F., et al vs. J.F.

E2002-01117-COA-R3-CV
This is a suit by K. D. F. and her present husband, R. J. F., Jr., seeking to terminate the parental rights of J. F. as to Z.T.J.F (d.o.b. June 8, 1998), preparatory to Mr. F. adopting the child in a future proceeding. Mr. F. appeals a determination by the Trial Court that his parental rights should be terminated, contending that the statutory grounds for such a determination were not met. We affirm.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Thomas R. Frierson, II
Greene County Court of Appeals 01/29/03
John Oliver Harper v. Cathy Lynn Harper

2002-01259-COA-R3-CV

Originating Judge:W. Dale Young
Blount County Court of Appeals 01/29/03
L &Amp; L Tile v. Bruce Babb

E2001-02620-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Conrad E. Troutman, Jr.
Scott County Court of Appeals 01/29/03
State of Tennessee v. Marcus Webb

W2002-00614-CCA-R3-CD

The defendant, Marcus Webb, was convicted by a Shelby County jury of two counts of aggravated robbery. On appeal, he challenges the sufficiency of the evidence and the trial court's jury instruction defining the mens rea of "knowing." We affirm the judgment of the trial court.

Authoring Judge: Judge Joe G. Riley
Originating Judge:Judge Carolyn Wade Blackett
Shelby County Court of Criminal Appeals 01/29/03
State of Tennessee v. Don Woody McGowan

M2002-00542-CCA-R3-CD

The Defendant was indicted for driving on a revoked license, driving on a revoked license second offense, evading arrest, and reckless driving. After the State presented its proof at trial, the trial court entered judgments of acquittal for the charges of evading arrest and reckless driving. At the conclusion of the trial, a Marion County jury convicted the Defendant of driving on a revoked license and assessed a fine of $500. The Defendant waived a jury as to the second offense driving on a revoked license, and the trial court found him guilty. The trial court sentenced the Defendant to eleven months and twenty-nine days for second offense driving on a revoked license and ordered that the sentence be served on probation except for thirty days to be served in the county jail. The Defendant now appeals, arguing that the trial court erred by admitting into evidence a Tennessee Department of Safety driving record as proof of the Defendant's prior conviction for driving on a revoked license. Finding no error, we affirm the judgment of the trial court.

Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Judge Thomas W. Graham
Marion County Court of Criminal Appeals 01/29/03
Michael D. Matthews vs. Natasha Story

E2002-00517-COA-R3-CV
This case arises out of an automobile accident in which the plaintiff, Michael D. Matthews, was injured. The plaintiff sued Tammy Y. Morelock ("Morelock"), alleging that Morelock was a passenger in the vehicle the plaintiff was driving and that Morelock's negligence had caused his injuries. When the plaintiff later learned that Natasha Story ("Story") was the passenger in the vehicle and not Morelock, the plaintiff attempted to amend his complaint to add Story as a defendant. The trial court dismissed the plaintiff's claim against Story, holding the statute of limitations barred such an amendment. The trial court also granted Morelock's motion for summary judgment, finding the family purpose doctrine inapplicable. We affirm.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:John K. Wilson
Hawkins County Court of Appeals 01/28/03
State of Tennessee v. Joshua S. Grubb

E2001-02205-CCA-R3-CD

Joshua S. Grubb appeals from the Anderson County Criminal Court's imposition of incarcerative sentencing for his three aggravated burglary and three theft convictions. Contending that the lower court erroneously denied him probation, he asks us to reverse the sentencing orders entered below. We are, however, unpersuaded of the defendant's worthiness for probationary sentences and, therefore, affirm the lower court's judgments.

Authoring Judge: Judge James Curwood Witt, Jr.
Originating Judge:Judge James B. Scott, Jr.
Anderson 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
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
Wendy Layne v. Mark Layne

M2002-00670-COA-R3-CV
The divorced parents of a fourteen-year-old girl asked the trial court to sign an agreed order to enable her to live with her grandmother so she could attend school in Hamilton County. The trial judge refused to sign the order. While the decision to sign or not to sign such an order is within the sound discretion of the trial court, the court in this case erroneously believed that it lacked jurisdiction over the matter because the parties had not shown a change of circumstances since the prior decree. We find that the proof does show a change of circumstances and that the best interests of the child require the entry of the proposed order. Therefore we reverse.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Thomas W. Graham
Marion County Court of Appeals 01/28/03
David Andrew Nicholson, Jr. v. State of Tennessee

E2002-00573-CCA-R3-PC

David Andrew Nicholson, Jr., appeals from the Hamilton County Criminal Court's denial of his petition for post-conviction relief. He claims that he was not effectively represented by counsel at his trial and on direct appeal. He also claims that his due process rights were impaired at trial when the court interrupted a defense witness's testimony and played an audio recording of the defendant's statement to the police for the witness. Because the record supports neither allegation, we affirm the lower court's order denying relief.

Authoring Judge: Judge James Curwood Witt, Jr.
Originating Judge:Judge Stephen M. Bevil
Hamilton County Court of Criminal Appeals 01/28/03
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 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. 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
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.
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 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. 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
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
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
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