Please enter some keywords to search.
| David Crockett v. Rutherford County
M2000-01405-COA-R3-CV
4899". The Chancery Court of Rutherford County found that the rezoning had "elements" of arbitrariness and capriciousness and amounted to spot zoning; nonetheless, the Court deferred to the Rutherford County Commission, upheld the zoning change, and dismissed the Plaintiff's lawsuit. The issues presented for appeal are whether the Chancellor erred as a matter of law by granting deference to the Rutherford County Commission on the zoning issue in spite of the Court's factual findings in favor of Plaintiff, and whether the Trial Court erred in finding that the zoning amendment did not violate the Establishment Clauses of the United States and Tennessee Constitutions.
Authoring Judge: Judge Jane W. Wheatcraft
Originating Judge:Robert E. Corlew, III |
Rutherford County | Court of Appeals | 07/25/02 | |
| State of Tennessee v. Tricia Ann Landry
E2001-02567-CCA-R3-CD
The defendant, Tricia Ann Landry, was convicted of theft over $500.00 and theft over $1,000.00. The trial court imposed concurrent Range I sentences of two years and three years, respectively. Later, the defendant was determined to have violated her probation. The trial court ordered service of the sentence in the Department of Correction. In this appeal of right, the defendant argues that the trial court should have granted an alternative sentence. The judgment is affirmed.
Authoring Judge: Presiding Judge Gary R Wade
Originating Judge:Judge W. Dale Young |
Blount County | Court of Criminal Appeals | 07/25/02 | |
| State of Tennessee v. Michael Scott Brogan
E2001-00712-CCA-R3-CD
The defendant, Michael Scott Brogan, entered pleas of guilt to second degree murder and attempted second degree murder. The trial court imposed concurrent sentences of 20 years and 8 years, respectively. In this appeal of right, the defendant asserts that his sentence for second degree murder is excessive. Because the trial court misapplied several enhancement factors, the sentence for second degree murder is modified to 18 years. Otherwise, the judgments are affirmed.
Authoring Judge: Presiding Judge Gary R Wade
Originating Judge:Judge Bobby H. Capers |
Claiborne County | Court of Criminal Appeals | 07/25/02 | |
| Thomas Ponchik vs. Don Paul, et al
W2002-00150-COA-R3-CV
Plaintiff, an inmate at a correctional facility, filed a complaint against the facility's private management company and its employees, alleging violations of prisoner's rights under the United States Constitution. The trial court dismissed the complaint for failure to state a claim upon which relief can be granted. Inmate appeals. We affirm.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Jon Kerry Blackwood |
Hardeman County | Court of Appeals | 07/23/02 | |
| State of Tennessee v. Demetrius Kendale Holmes
E2001-00660-CCA-R3-CD
The defendant, Demetrius Kendale Holmes, was convicted of felony murder and especially aggravated robbery. The trial court imposed consecutive sentences of life and 24 years, respectively. In this appeal of right, the defendant asserts that the evidence is insufficient to support his convictions. The judgments of the trial court are affirmed.
Authoring Judge: Presiding Judge Gary R Wade
Originating Judge:Judge Richard R. Baumgartner |
Knox County | Court of Criminal Appeals | 07/23/02 | |
| Glenna Grissom vs. State
W2001-03021-COA-R3-CV
This is a Claims Commission case that was dismissed for failure to prosecute. In July 2000, the claimant filed a lawsuit with the Tennessee Claims Commission against the State of Tennessee. The State filed its answer in October 2000. In September 2001, the State filed a motion to dismiss for failure to prosecute, relying on Tennessee Code Annotated section 9-8-402(b), which provides for dismissal of a claim with the Claims Commission if the claimant does not take action to advance the claim for a one-year period, unless the claimant received prior written consent from the Commission. In November 2001, the Commission entered an order granting the State's motion to dismiss. On appeal, the claimant argues that the one-year period should be tolled pending a response to her complaint by the State. We affirm, finding that the statutory one-year period began to run when the claim was filed.
Authoring Judge: Judge Holly M. Kirby
|
Court of Appeals | 07/23/02 | ||
| James E. Johnson v. Bd. of Medical Examiners
M2002-00048-COA-R3-CV
This case involves the revocation of a physician's medical license. A patient saw a physician regarding a chronic skin condition. A series of unorthodox treatment methods resulted in the patient having upper respiratory problems, pain, dizziness, blurred vision, a small stroke, infection, and an abscess that had to be surgically drained and removed. As a result, the Tennessee Department of Health filed charges against the physician. After an administrative hearing, the Tennessee Board of Medical Examiners found that the physician engaged in unprofessional and unethical conduct, committed acts of gross malpractice, and demonstrated a pattern of incompetence and ignorance in the course of medical practice. The Board revoked the physician's medical license and assessed civil penalties. The physician sought judicial review in the chancery court. The chancellor affirmed the civil penalties but reversed the Board's revocation of the physician's medical license. The Tennessee Department of Health and the Tennessee Board of Medical Examiners appeal, arguing that the trial court substituted its judgment for the judgment of the Board. We reverse the ruling of the trial court, finding that the Tennessee Board of Medical Examiners did not abuse its discretion, did not act arbitrarily or capriciously, and that its revocation of the physician's medical license was supported by substantial and material evidence. Thus, we reinstate the Board's decision to revoke the physician's medical license.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 07/23/02 | |
| Veriteena Hollins vs. Covington Pike Chrysler-Plymouth
W2002-00492-COA-R3-CV
Ms. Hollins filed suit against Covington Pike Chrysler-Plymouth in general sessions court. On the day of the scheduled trial, Ms. Hollins' counsel announced a judgment for the defendant. Both parties agree that this judgment was announced in order to move the case from general sessions court to circuit court. Ms. Hollins never appealed the judgment. Eleven months later she refiled the case in general sessions court. The sessions court dismissed the case finding it to be res judicata. Ms. Hollins appealed this decision to circuit court. The circuit court granted Covington Pike Chrysler-Plymouth's motion for summary judgment on the basis of res judicata. We agree.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Robert L. Childers |
Shelby County | Court of Appeals | 07/23/02 | |
| Brian Oakley et al. vs. State
W2002-00095-COA-R3-CV
This appeal involves the decision of the Claims Commission to dismiss the claimants' case for failure to prosecute. The claimants filed suit against the State alleging "negligent care, custody, and control of persons" after their father was killed by a juvenile inmate at the John S. Wilder Youth Development Center. The Claims Commission, finding that the claimants had failed to take action in over one year, granted the State's Motion to Dismiss for Failure to Prosecute. The claimants appeal the Claims Commission's order dismissing their case for failure to prosecute.
Authoring Judge: Presiding Judge Alan E. Highers
|
Court of Appeals | 07/23/02 | ||
| Roy Ernest Young v. Joylee Mayhew
W2002-00185-COA-R3-JV
Authoring Judge: Judge David R. Farmer
Originating Judge:Daniel L. Smith |
Hardin County | Court of Appeals | 07/23/02 | |
| State of Tennessee v. Claude W. Cheeks
E2001-00198-CCA-R3-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. On appeal, the appellant specifically raises the following issues: (1) “whether the trial court erred in allowing the jury to consider the evidence where the State’s doctors all supported the insanity defense and there was no sufficient lay testimony, nor other testimony that contradicted the insanity defense,” and (2) “whether it is permissible for the State to seek the assistance of expert witnesses in the field of psychiatry, then to provide the experts the information on which to base their opinion, and then at trial to reject the State’s experts and attack their results and offer no proof.” Upon review of the record and the parties’ briefs, we reverse the judgments of the trial court on all three counts, institute verdicts of not guilty by reason of insanity on each count, and remand for proceedings pursuant to Tenn. Code Ann. § 33-7-303 (2001).
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:Judge Rebecca J. Stern |
Hamilton County | Court of Criminal Appeals | 07/22/02 | |
| State of Tennessee v. Claude W. Cheeks - Dissenting
E2001-00198-CCA-R3-CD
I respectfully dissent from the result reached in the majority opinion. I believe the evidence justifies the convictions. That is, the jury had the right under the evidence to discredit the expert witnesses’ opinions to the extent that the appellant could be found guilty of the offenses charged.
Authoring Judge: Judge Joseph M. Tipton
Originating Judge:Judge Rebecca J. Stern |
Hamilton County | Court of Criminal Appeals | 07/22/02 | |
| State of Tennessee v. Daryl Lee Madden and Marty Dale Williams
M2000-02227-CCA-R3-CD
A Davidson County Grand Jury returned a three-count indictment alleging the defendants committed felony murder during the perpetration of a robbery, especially aggravated robbery, and premeditated first degree murder. A Davidson County jury convicted the defendants of felony murder, especially aggravated robbery, and second degree murder. The second degree murder was merged into the felony murder by the trial court. Madden received an effective sentence of life plus 25 years; Williams received an effective sentence of life. In this appeal, both defendants contend the evidence was insufficient to sustain their convictions for felony murder and especially aggravated robbery, and their sentences were excessive. Defendant Madden additionally contests his conviction for second degree murder and the trial court's certification of the trial transcript. After a review of the record, 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 | 07/19/02 | |
| State of Tennessee v. Jerry O. Summers
M2001-01358-CCA-R3-CD
The defendant, Jerry O. Summers, appeals from the Williamson County Circuit Court’s revoking his probation that was ordered for his sentence for aggravated burglary. The defendant contends that although he violated his probation, the trial court erred in sentencing him to confinement. We affirm the judgment of the trial court.
Authoring Judge: Judge Joseph M. Tipton
Originating Judge:Judge Timothy L. Easter |
Williamson County | Court of Criminal Appeals | 07/19/02 | |
| The Bank/First Citizens Bank v. Citizens And Associates
E2000-02545-SC-R11-CV
Authoring Judge: Justice William M. Barker
Originating Judge:Russell E. Simmons, Jr. |
Bradley County | Supreme Court | 07/19/02 | |
| State vs. William Torres
E1999-00866-SC-DDT-DD
The defendant, William Pierre Torres, was convicted of first degree murder by aggravated child abuse for the killing of his son, fifteen- month-old Quintyn Pierre James Wilson. Following a sentencing hearing, the jury found two aggravating circumstances: (1) "the murder was committed against a person less than twelve (12) years of age and the defendant was eighteen (18) years of age, or older" and (2) "the murder was especially heinous, atrocious, or cruel in that it involved torture or serious physical abuse beyond that necessary to produce death." Finding that these aggravating circumstances outweighed mitigating circumstances beyond a reasonable doubt, the jury imposed a sentence of death for the first degree murder conviction. The Court of Criminal Appeals affirmed both the conviction and sentence. The case was docketed and argued in this Court, and after carefully reviewing the record and the relevant legal authorities, we affirm the defendant's conviction of first degree murder. Because the trial court erred by giving the jury an instruction pursuant to Kersey v. State, 525 S.W.2d 139 (Tenn. 1975), rather than accepting the jury's report of a deadlock, the sentence of death is reversed and the case is remanded to the trial court for a new sentencing hearing at which the jury shall only consider the sentences of imprisonment for life without possibility of parole and imprisonment for life.
Authoring Judge: Justice Frank F. Drowota, III
Originating Judge:Ray L. Jenkins |
Knox County | Supreme Court | 07/19/02 | |
| Lewis Yunker v. Travelers Insurance
E2001-02089-WC-R3-CV
The employer's carrier appeals awards of temporary total disability benefits, 5 percent permanent partial disability to the body as a whole, and medical expenses. We affirm.
Authoring Judge: Howell N. Peoples, Special Judge
Originating Judge:D. Kelly Thomas, Judge |
Knox County | Workers Compensation Panel | 07/18/02 | |
| State of Tennessee v. Rhonda Patricia Mayes
M2001-00423-CCA-R3-CD
Defendant was convicted of two counts of possession of cocaine with intent to sell and two counts of simple possession of cocaine. The trial court merged the two counts of possession of cocaine with intent to sell into one count and merged the two counts of simple possession of cocaine into one count. The trial court sentenced the defendant to concurrent sentences of eight years and eleven months and twenty-nine days, respectively, thus imposing an effective eight-year sentence. Defendant appealed on four grounds: (1) there was insufficient evidence to support the conviction for possession with intent to sell cocaine; (2) a search warrant failed to state sufficient facts to establish probable cause to search defendant's apartment; (3) the indictment was multiplicitous; and (4) the trial court erred in ruling that the State could use defendant's prior conviction to show intent. We conclude that all convictions should merge into a single judgment of conviction for possession of cocaine with intent to sell; thus, we vacate the sentence relating to simple possession of cocaine, although this will not change the effective eight-year sentence.
Authoring Judge: Judge John Everett Williams
Originating Judge:Judge William Charles Lee |
Marshall County | Court of Criminal Appeals | 07/18/02 | |
| Earnest Peeler v. Tempro Services, Inc.
W2001-00922-SC-WCM-CV
Appellant/Defendant asserts that trial court erred in awarding permanent partial disability for seventy percent (7%) of plaintiff's right hand and forty-five percent (45%) of his left hand. As discussed below, this Panel affirms the trial court's judgment.
Authoring Judge: L. Terry Lafferty, Senior Judge
Originating Judge:Martha Brasfield, Chancellor |
Fayette County | Workers Compensation Panel | 07/18/02 | |
| Deadrick M. Pigg v. State of Tennessee
M2000-03233-CCA-R3-CD
A Davidson County grand jury indicted the defendant on one count of felonious unlawful possession of a weapon and one count of misdemeanor evading arrest. Following a jury trial, the defendant was acquitted of the weapons offense but convicted of evading arrest. At the conclusion of a sentencing hearing, the trial court sentenced the defendant to eleven months and twenty-nine days for this conviction. The court also ordered this sentence to run consecutively to another sentence stemming from a separate arrest. The defendant next unsuccessfully filed a motion for a judgment of acquittal or, in the alternative, a new trial. Through this appeal he continues to assert that the evidence is insufficient to support his conviction. However, after reviewing the record, we find that this issue lacks merit and, therefore, affirm the defendant's conviction for evading arrest.
Authoring Judge: Judge Jerry L. Smith
Originating Judge:Judge Cheryl A. Blackburn |
Davidson County | Court of Criminal Appeals | 07/18/02 | |
| State of Tennessee v. Jack Roger Norton
E2001-01903-CCA-R3-CD
The State has appealed from the trial court’s order granting the Motion to Suppress filed by Defendant, Jack Roger Norton. Defendant is the owner of a tavern in Washington County, which was the subject of a valid search warrant. It is undisputed that the officers did not “knock and announce” prior to their entry into the building to execute the warrant. This failure was the basis of the trial court’s ruling. After a thorough review of the record, the applicable law, and based upon the specific, narrow issue presented, we reverse the judgment of the trial court.
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Judge Robert E. Cupp |
Washington County | Court of Criminal Appeals | 07/18/02 | |
| Robert Chagrasulis v. Board of Medical Examiners
M2001-01595-COA-R3-CV
Appellant lost his license to practice medicine in the State of Maine. He later relocated to Tennessee and filed an application for a license to practice medicine. The Tennessee Board of Medical Examiners (the "Board") denied his application based on the disciplinary action taken against him in the State of Maine. The Davidson County Chancery Court affirmed the Board's decision. Appellant now appeals the Davidson County Chancery Court's decision to this court and asserts that the Board's decision was arbitrary and capricious or an abuse of discretion. We affirm the trial court's decision.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 07/18/02 | |
| State of Tennessee v. Jack Roger Norton - Concurring
E2001-01903-CCA-R3-CD
Although based on the narrow issue presented in this appeal, I agree fully with the decision reached by the Court in this appeal, I am compelled to write separately in order to express my astonishment and dismay over the manner in which the Washington County SWAT team treated the innocent patrons of the tavern searched in this case. While the actions of the SWAT team do not mandate the suppression of evidence seized from the defendant, those actions as they relate to the bar patrons do merit the condemnation of anyone who believes that this country is not, at least for the moment, a police state.
Authoring Judge: Judge Jerry L. Smith
Originating Judge:Judge Roger E. Cupp |
Washington County | Court of Criminal Appeals | 07/18/02 | |
| State of Tennessee v. Ricky Lynn Earls
M2001-00112-CCA-R3-CD
Defendant appeals the sentences he received from convictions for two counts of forgery and one count of theft. The trial court found defendant to be a career offender and sentenced defendant to serve two sentences of six years each, to be served consecutively for an effective sentence of twelve years. Defendant contends that the sentences are excessive and that the trial court should have ordered the sentences to be served concurrently. We disagree and affirm the trial court's judgment.
Authoring Judge: Judge John Everett Williams
Originating Judge:Judge Lee Russell |
Marshall County | Court of Criminal Appeals | 07/18/02 | |
| Team Design v. Anthony Gottlieb
M1999-00911-COA-R3-CV
This appeal raises important issues regarding the permissible range of court-annexed alternative dispute resolution procedures available under Tenn. S. Ct. R. 31. The case began in the Davidson County General Sessions Court as a dispute over payment for artwork and graphic design for a country music album. All the parties were dissatisfied with the general sessions court's disposition of their claims and perfected de novo appeals to the Circuit Court for Davidson County. When a dispute arose over the inability of two of the parties to be present on the agreed-upon trial date, the trial court, with all parties' agreement, entered an order referring the case to "binding mediation." The trial court conducted separate, off-the-record discussions with each of the parties and then entered an order finally adjudicating their claims. One of the parties filed a Tenn. R. Civ. P. 59.04 motion objecting to the order on the ground that it had not agreed to waive its right to a trial if the outcome of the mediation was unsatisfactory. After the trial court denied its motion, the moving party perfected this appeal. We have determined that the trial court lacked authority to conduct binding mediation or to finally adjudicate the parties' claims. Accordingly, we vacate the final order.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Barbara N. Haynes |
Davidson County | Court of Appeals | 07/18/02 |