| State of Tennessee v. Paul Flannigan
W2001-00907-CCA-R3-CD
The defendant, Paul Flannigan, was convicted by a Shelby County jury of one count of attempted first degree murder, two counts of especially aggravated robbery, three counts of aggravated rape, and one count of aggravated burglary. He received an effective sentence of 125 years. He appeals, raising two points: (1) there was insufficient proof to support his convictions, and (2) his sentences are excessive. We reverse one conviction for aggravated rape and remand that charge for a new trial; we modify some of the judgments for an effective sentence of 93 years; we affirm in all other respects.
Authoring Judge: Judge Joe G. Riley
Originating Judge:Judge Arthur T. Bennett |
Shelby County | Court of Criminal Appeals | 02/15/02 | |
| James Gunter v. Tim Emerton
M2001-00364-COA-R3-CV
In this action against a police officer for invasion of privacy by placing the plaintiff in false light the trial court granted summary judgment to the defendant. On appeal, the plaintiff claims that the trial judge erred by granting summary judgment on a defense not raised by the defendant. We affirm.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:John J. Maddux |
Overton County | Court of Appeals | 02/15/02 | |
| State of Tennessee v. Annetta Bell
M2001-00771–CCA-R3-CD
The defendant, Annetta Bell, was convicted after a bench trial of theft of property having a value less than $500.00. The trial court imposed a sentence of 11 months and 29 days. All but six months was suspended. In this appeal as of right, the defendant contends that the evidence was insufficient to support her conviction.
Authoring Judge: Presiding Judge Gary R. Wade
Originating Judge:Judge Donald P. Harris |
Williamson County | Court of Criminal Appeals | 02/15/02 | |
| Jo Anne Silverman v. Krsna, Inc.
M2001-01921-COA-R9-CV-
Originating Judge:Hamilton V. Gayden, Jr. |
Davidson County | Court of Appeals | 02/15/02 | |
| Janet Goodart vs. Kamalin Kazmar-Grice
M2001-00663-COA-R3-CV
Former wife and children of decedent sued in the chancery court to enroll a foreign decree of divorce and, inter alia, to impose a constructive trust on proceeds of a Servicemen's Group Life Insurance policy payable to the decedent widow after the decedent prior to his death changed the policy beneficiary contrary to a marital dissolution agreement and final decree of divorce. The trial court granted summary judgment in favor of decedent widow. Former wife appealed. We affirm.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Leonard W. Martin |
Stewart County | Court of Appeals | 02/14/02 | |
| Karen Mountjoy vs. City of Chattanooga
E2001-02017-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Howell N. Peoples |
Hamilton County | Court of Appeals | 02/14/02 | |
| Ray C. Hall v. TN. Workers Credit Union
M2001-01346-COA-R3-CV
Husband and Wife obtained a loan from a credit union and pledged their home as security for the note under a Deed of Trust. The Deed of Trust required Husband and Wife to maintain property taxes and insurance on the property. The credit union foreclosed on the property after Husband and Wife continuously failed to maintain the taxes and insurance. Husband and Wife filed suit against the credit union, arguing that the agreement between the parties did not provide the remedy of foreclosure for mere nonpayment of taxes and insurance. The trial court granted summary judgment for the credit union. Because we find that the agreement between the parties provides the remedy of foreclosure for breach of any promise made under the agreement, including the promise to pay property taxes and insurance, we find that the trial court was correct in granting summary judgment for the credit union and affirm that decision.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 02/14/02 | |
| Arfken & Associates, P.A. vs. Simpson Bridge Company, Inc.
E2000-02780-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Jerri S. Bryant |
Bradley County | Court of Appeals | 02/14/02 | |
| State of Tennessee v. Darrell S. Miller
W2000-01306-CCA-R3-CD
The appellant, Darrell S. Miller, was convicted by a jury in the Benton County Circuit Court of two counts of possessing controlled substances with intent to manufacture, sell, or deliver, and one count of possession of drug paraphernalia. The trial court sentenced the appellant to a total effective sentence of eight years incarceration in the Tennessee Department of Correction, suspending all but one year and placing the appellant in a community corrections program for the remainder. On appeal, the appellant raises the following issues for our review: (1) whether the trial court properly admitted drug exhibits; (2) whether the trial court erred in permitting the testimony of Stacy Mumper regarding a prior transaction between the appellant and Mumper's companion; (3) whether the evidence was sufficient to sustain his convictions; (4) whether the trial court approved the verdict as thirteenth juror; and (5) whether the trial court erred in failing to grant a new trial when the appellant produced sworn affidavits that Brenda Wynn perjured herself on the witness stand. 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 Julian P. Guinn |
Benton County | Court of Criminal Appeals | 02/14/02 | |
| Bharat Gandhi v. William Rucker
M2001-00271-COA-R3-CV
This is an appeal by Defendant from denial by the trial court of a Rule 60.02 motion to set aside a judgment on the basis of mistake, inadvertence, surprise, or excusable neglect. The trial court denied the motion, and on consideration of the record, we reverse the judgment and remand the case for a trial on the merits.
Authoring Judge: Judge William B. Cain
Originating Judge:Barbara N. Haynes |
Davidson County | Court of Appeals | 02/14/02 | |
| Jerry Noe v. Melissa Noe (Barnes)
M2001-02223-COA-R3-CV
This is an appeal by the Wife in a divorce case complaining of the disposition of marital property. The Husband also complains about an award of alimony in solido against him. We affirm the Chancellor.
Authoring Judge: Judge William B. Cain
Originating Judge:Leonard W. Martin |
Cheatham County | Court of Appeals | 02/14/02 | |
| State of Tennessee v. James Brent Moubray
W2001-00214-CCA-R3-CD
The Defendant was convicted by a jury of possessing a firearm where alcoholic beverages are served, a Class A misdemeanor, and the trial court sentenced him to eleven months and twenty-nine days to be served at seventy-five percent. The Defendant now appeals, arguing that the sentence imposed by the trial court was excessive. Finding no error, we affirm the judgment of the trial court.
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Judge William B. Acree |
Weakley County | Court of Criminal Appeals | 02/14/02 | |
| James Randall Slaughter, et al. v. Duck River Electric Membership Corporation, et al.
M2000-00453-COA-R3-CV
This is an appeal from an order of the trial court granting a motion for summary judgment in favor of the defendant, Duck River Electric Membership Corporation and the third-party defendant, Osborne Electrical Contractors, Inc., on the ground that Duck River Electric Membership Corporation was a statutory employer for the purposes of the Tennessee Workers' Compensation Act at the time the plaintiff, James Randall Slaughter, received a severe electrical shock resulting in massive injuries. For the reasons herein stated, we affirm the judgment of the trial court and remand.
Authoring Judge: Chancellor Vernon Neal
Originating Judge:Robert L. Holloway |
Maury County | Court of Appeals | 02/14/02 | |
| Doug Jones vs. Eddie Gillette, Sr., et al
E2001-01499-COA-R3-CV
The defendants/appellants, Eddie Gillette, Sr., and Vivian Gillette, the maternal grandparents of A.B.J., contend that the trial court abused its discretion when it granted custody of A.B.J. to her father, the plaintiff/appellee, Doug Jones. The Gillettes further contend that the trial court abused its discretion when it denied their oral motion to stay enforcement of its judgment pending appeal and when it denied their oral motion to award them visitation pending appeal. We affirm the judgment of the trial court.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Samuel H. Payne |
Hamilton County | Court of Appeals | 02/14/02 | |
| State of Tennessee v. Michael D. Wright
M2001-00793-CCA-R3-CD
In this appeal, Defendant raises the following issues: (1) whether the trial court incorrectly applied two enhancement factors, thereby causing his sentences to be excessive, and (2) whether the trial court erred by ordering that certain of his sentences run consecutively. Following a thorough review of the record, we affirm the judgment of the trial court.
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Judge Timothy L. Easter |
Williamson County | Court of Criminal Appeals | 02/14/02 | |
| Cox Oil vs. Lexington Beer Bd.
W2001-01489-COA-R3-CV
This is an action challenging the denial of a beer permit. The plaintiff business applied for a beer permit with the defendant beer board. The board denied the permit because plaintiff's location was within 500 feet of a church. This proximity to a church was in violation of a city ordinance. The plaintiff filed a writ of certiorari in the trial court, seeking a reversal of the board's decision because the 500-feet ordinance had been applied in a discriminatory manner. The trial court found that the board had allowed another establishment that was within 500 feet of a church to maintain its beer permit, and concluded that the board had therefore applied the ordinance in a discriminatory manner. Consequently, the denial of the plaintiff's beer permit was reversed. The board now appeals that order. We affirm, finding that the board had applied the ordinance in a discriminatory manner, and that the trial court did not err in reversing the denial of the plaintiff's beer permit.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Joe C. Morris |
Henderson County | Court of Appeals | 02/14/02 | |
| State of Tennessee v. Jerry McPeak, IV
W2001-00764-CCA-R3-CD
The Appellant, Jerry McPeak, IV, was convicted by a Madison County jury of aggravated robbery. On appeal, McPeak raises the following issues for our review: (1) Whether the evidence was sufficient to establish that the victim suffered serious bodily injury; (2) whether the evidence was sufficient to establish that the assault occurred during the act of robbery; and (3) whether McPeak was convicted solely upon the uncorroborated testimony of an accomplice. After review, we find the issues raised to be without merit and affirm the judgment of the trial court.
Authoring Judge: Judge David G. Hayes
Originating Judge:Judge Roy B. Morgan, Jr. |
Madison County | Court of Criminal Appeals | 02/14/02 | |
| Karen Mountjoy vs. City of Chattanooga
E2001-02017-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Howell N. Peoples |
Hamilton County | Court of Appeals | 02/14/02 | |
| Gloria Snow-Koledoye vs. Horace Mann Ins. Co.
M2000-02954-COA-R3-CV
This case involves a settlement of an insurance claim under the comprehensive coverage of an automobile insurance policy. Wife, named insured in the policy, sued the insurance company for breach of contract in delivering to husband a settlement check made jointly payable to wife and her husband, after husband apparently negotiated the check. Wife amended her complaint to name her ex-husband as an additional defendant, and he filed an answer to the complaint. In a nonjury trial, the trial court entered judgment for plaintiff-wife against the insurance company. Insurance company appealed. We vacate.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Walter C. Kurtz |
Davidson County | Court of Appeals | 02/14/02 | |
| State of Tennessee v. Willie G. Lofton
W2001-00780-CCA-R3-CD
Defendant, Willie G. Lofton, appeals his conviction for driving under the influence. Defendant claims that the trial court erred by refusing to instruct the jury as to the offense of driving while impaired as a lesser included of driving under the influence. 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 | 02/14/02 | |
| Arfken & Associates, P.A. vs. Simpson Bridge Company, Inc.
E2000-02780-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Jerri S. Bryant |
Bradley County | Court of Appeals | 02/14/02 | |
| M.P.P.,al vs. D.L.K. In Re: C.E.P.
E2001-00706-COA-R3-CV
The stepfather, M.P.P. ("Stepfather"), and the biological mother, A.P.P. ("Mother"), of a minor child ("Child") filed a petition to terminate the parental rights of the Child's biological father, D.L.K. ("Father"), so that Stepfather could adopt the Child. When the Child was 17 months old, Father received a 130-month prison sentence. The Trial Court granted partial summary judgment as a matter of law to Mother and Stepfather and terminated Father's parental rights. Father appeals. We affirm, in part, and vacate, in part, and remand.
Authoring Judge: Judge David Michael Swiney
Originating Judge:William E. Lantrip |
Anderson County | Court of Appeals | 02/13/02 | |
| Peggy Gaston vs. Tennessee Farmers Mutual Ins.
E2001-01487-COA-R3-CV
This appeal from the Circuit Court of McMinn County questions whether the Trial Court erred in granting a directed verdict in favor of Tennessee Farmers Mutual Insurance Company because it refused to pay its policyholder, Peggy Gaston, under the uninsured motorist provision of her policy which covered Peggy Gaston. We vacate and remand.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Lawrence H. Puckett |
McMinn County | Court of Appeals | 02/13/02 | |
| Peggy Gaston vs. Tennessee Farmers Mutual Ins.
E2001-01487-COA-R3-CV
This appeal from the Circuit Court of McMinn County questions whether the Trial Court erred in granting a directed verdict in favor of Tennessee Farmers Mutual Insurance Company because it refused to pay its policyholder, Peggy Gaston, under the uninsured motorist provision of her policy which covered Peggy Gaston. We vacate and remand.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Lawrence H. Puckett |
McMinn County | Court of Appeals | 02/13/02 | |
| Jamie Mason vs. Charles Mason, Jr.
E2001-02208-COA-R3-CV
This appeal from the Chancery Court of Cocke County questions whether the Trial Court erred in failing to grant Mr. Mason standard visitation with his minor son. We affirm the judgment of the Trial Court.
Authoring Judge: Judge Houston M. Goddard
|
Cocke County | Court of Appeals | 02/13/02 |
