| Barry N. Waddell v. State of Tennessee
M2001-00096-CCA-R3-PC
The Appellant, Barry N. Waddell, proceeding pro se, appeals the Davidson County Criminal Court's summary dismissal of his petition for post-conviction relief. The post-conviction court found Waddell's petition was time-barred. On appeal, Waddell argues that: (1) his petition was timely filed, and (2) alternatively, if the petition was untimely filed, the statute of limitations was tolled under the holding of Dexter Williams v. State, 44 S.W.3d 464 (Tenn. 2001). After review, we affirm the judgment of the post-conviction court dismissing the petition.
Authoring Judge: Judge David G. Hayes
Originating Judge:Judge Cheryl A. Blackburn |
Davidson County | Court of Criminal Appeals | 10/17/01 | |
| 2000-02837-COA-R3-CV
2000-02837-COA-R3-CV
Originating Judge:Thomas R. Frierson, II |
Hamblen County | Court of Appeals | 10/17/01 | |
| Barbara Cochran vs. Jackie Cochran
E2001-00848-COA-R3-CV
This is a suit wherein the Plaintiff, Barbara K. Cochran, sues her former husband, Jackie D. Cochran, seeking specific performance of her claimed right of first refusal to purchase certain real estate. Thomas M. Crawford and his wife, who had purchased the property from Mr. Cochran, were also made parties Defendant. The Trial Court found that Mr. Cochran had met his obligation to give Ms. Cochran the right to purchase the property in accordance with her right of first refusal and that she had declined to accept the offer. We affirm.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Rex Henry Ogle |
Jefferson County | Court of Appeals | 10/17/01 | |
| Jamal Cooper v. State of Tennessee
M2001-00593-CCA-R3-PC
The petitioner filed a petition for post-conviction relief from his conviction for voluntary manslaughter, alleging that his guilty plea was involuntary and that he was denied the effective assistance of trial counsel. Following an evidentiary hearing, the post-conviction court dismissed the petition. In a timely appeal to this court, the petitioner raises the issue of whether the post-conviction court erred in finding that he received the effective assistance of trial counsel. After a careful review, we affirm the dismissal of the petition for post-conviction relief.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Judge J. Randall Wyatt, Jr. |
Davidson County | Court of Criminal Appeals | 10/17/01 | |
| Donna Sharon Presley vs. Clavin Herman Shadrick, et al .
E2001-00015-COA-R3-JV
This is a custody and guardianship suit between petitioners, neither of whom is the biological or adoptive parent of the set of twins ("Children") who are at the center of this dispute. The parties in this appeal are, on one side, the Children's maternal great uncle and his wife, Calvin Herman Shadrick and Willie Mae Shadrick ("Shadricks"), and, on the other side, the children's paternal grandmother, Donna Sharon Presley ("Presley"). The trial court granted custody and guardianship of the Children to the Shadricks. Presley appeals. We affirm
Authoring Judge: Judge David Michael Swiney
Originating Judge:Patricia R. Hess |
Anderson County | Court of Appeals | 10/17/01 | |
| William R. Varner vs. City of KnoxviIle
E2001-00329-COA-R3-CV
By way of a complaint for writ of certiorari, the plaintiff challenges the decision of the Knoxville City Council ("the City Council") to deny his application to rezone his .5 acre lot from low density residential to commercial for the expansion of a used car lot located on adjacent property. Following a bench trial, the court below dismissed the complaint. We affirm.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Sharon J. Bell |
Knox County | Court of Appeals | 10/17/01 | |
| Meagan Arnold vs. Charles Arnold
E2001-00596-COA-R3-CV
This is a suit by a minor brought by her mother, and also by her mother individually against the minor's grandfather, Charles Arnold and her father Randy Arnold. The child was injured when she placed her hand into the fan belt of a tractor which was stationary with the engine running. The Trial Court granted the father's motion for summary judgment and denied the grandfather's. We affirm.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:John K. Wilson |
Hawkins County | Court of Appeals | 10/17/01 | |
| Kimberly Day v. John Day
M2001-01624-COA-R9-CV
This is a post-divorce case. It is before the Court on the application of John Arthur Day ("Husband") seeking relief from the interlocutory order of the trial court denying his motion for summary judgment. Husband's summary judgment motion was filed in response to the Tenn. R. Civ. P. 60.02(1) motion filed by his former wife, Kimberly Beard Day ("Wife"), in which she seeks relief from portions of the parties' judgment of divorce (sometimes referred to herein as "the judgment"), specifically the child support, division of property, and alimony provisions of the incorporated marital dissolution agreement. Husband's application to this Court was originally filed pursuant to Tenn. R. App. P. 10. Before his application was acted upon, he converted it to a request for relief pursuant to Tenn. R. App. P. 9. This change in approach followed the trial court's reversal of its earlier order denying him Rule 9 relief. We granted Husband's Rule 9 application. We find that the material facts are not in dispute and that those facts establish that Husband is entitled to a judgment as a matter of law. Accordingly, we (1) reverse the trial court's order of April 24, 2001, denying Husband's motion for summary judgment and (2) dismiss Wife's Rule 60.02(1) motion.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Russell Heldman |
Williamson County | Court of Appeals | 10/17/01 | |
| State of Tennessee v. Michael J. McCann
2990-CCA-R3-CD
The Defendant, Michael J. McCann, was convicted by a jury of one count of aggravated criminal trespass on a habitation; two counts of assault; two counts of aggravated assault; one count of aggravated sexual battery; and two counts of especially aggravated kidnapping. After a hearing he was sentenced as a Range II multiple offender on the aggravated assaults, and as a Range I offender on the remaining convictions, to an effective sentence of thirty years. In this appeal as of right, the Defendant contends that his kidnapping convictions must be reversed and dismissed as violative of his due process rights under State v. Anthony; that the trial court erred in not requiring the State to elect between the proof presented in support of two sexual offenses charged; that the Defendant’s two assault convictions should have been merged into one of the aggravated assault convictions; that
Authoring Judge: Judge David H. Welles
Originating Judge:Judge Timothy L. Easter |
Lewis County | Court of Criminal Appeals | 10/17/01 | |
| State of Tennessee v. Ernest Edward Wilson
M2000-01997-CCA-R3-CD
A Davidson County Grand Jury indicted the defendant for premeditated first degree murder. The defendant was convicted of the lesser-included offense of second degree murder and sentenced to 24 years as a violent offender. In this appeal, the defendant contends: (1) the evidence was insufficient to sustain his conviction; (2) the trial court erroneously neglected to charge the jury on the lesser-included offenses of reckless homicide and criminally negligent homicide; and (3) the defendant's sentence is excessive. After a thorough review of the record, we conclude the failure to charge the lesser-included offenses of reckless homicide and criminally negligent homicide was, at most, harmless error. The defendant's remaining allegations of error are without merit; thus, the judgment of the trial court is affirmed.
Authoring Judge: Judge Joe G. Riley
Originating Judge:Judge J. Randall Wyatt, Jr. |
Davidson County | Court of Criminal Appeals | 10/17/01 | |
| State of Tennessee v. Randall Ray Mills
M2000-01065-CCA-R3-CD
The defendant, Randall Ray Mills, was convicted in the Marshall County Circuit Court of one count of rape of a child, three counts of aggravated sexual battery, and one count of casual exchange. At the sentencing hearing, the trial court merged all of the defendant's convictions of aggravated sexual battery into the conviction of rape of a child and sentenced the defendant to a total effective sentence of twenty years incarceration in the Tennessee Department of Correction. On appeal, the defendant challenges the sufficiency of the evidence supporting his convictions. Additionally, the State challenges the trial court's merger of the aggravated sexual battery convictions into the rape of a child conviction and further contends that the trial court erred in sentencing the defendant. Upon review of the record and the parties' briefs, we affirm in part and reverse in part the judgment of the trial court and remand for resentencing.
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:Judge W. Charles Lee |
Marshall County | Court of Criminal Appeals | 10/17/01 | |
| Lane-Detman, L.L.C. , et al vs. Miller & Martin, et al
E2001-00444-COA-R3-CV
In 1995, Lane-Detman, LLC, Clara Lane, and Darlene Lane-Detman ("Plaintiffs"), invested $600,000 in two businesses in which Samuel Cooper ("Cooper") had an ownership interest. This investment soured, and in December 1997, Plaintiffs obtained a default judgment against Cooper. Before Plaintiffs invested with Cooper, Plaintiffs' attorney, defendant W. Scott McGinness, Jr. ("Defendant McGinness"), performed a background search on Cooper at the request of Plaintiff Darlene Lane-Detman ("Plaintiff Lane-Detman"). In addition to other investigative efforts, Defendant McGinness had the co-defendant, Equifax Services, Inc. ("Defendant Equifax"), perform a background search on Cooper. Defendant Equifax's report revealed no questionable or negative history on Cooper. After Plaintiffs obtained their default judgment against Cooper, Plaintiffs hired other counsel to assist with collection of the judgment. In 1998, Plaintiffs' new counsel uncovered an abundance of questionable and negative history on Cooper. Thereafter, in 1999, Plaintiffs sued Defendant McGinness and his law firm, Miller & Martin ("Defendant Miller & Martin"), and Defendant Equifax. The Trial Court granted summary judgment to the defendants, finding that Plaintiffs' claim against Defendant Equifax was barred by an exculpatory clause in the contract between Defendant Equifax and Defendant Miller & Martin and that Plaintiffs' claim against Defendants Miller & Martin and McGinness was barred by the statute of limitations. Plaintiffs appeal. We affirm.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Buddy D. Perry |
Hamilton County | Court of Appeals | 10/17/01 | |
| State of Tennessee v. Sigifredo Ruiz
M2000-03221-CCA-R3-CD
A Williamson County grand jury indicted the defendant on one count of possession of not less than ten pounds, one gram of marijuana nor more than seventy pounds of marijuana with intent to sell or deliver. Through counsel the defendant filed a motion to suppress any evidence or statements resulting from the allegedly unconstitutional search of the defendant's vehicle. When the motion to suppress was denied, the defendant waived his right to a trial by jury and pled guilty as charged. For this offense the trial court sentenced the defendant as a Range I, standard offender to two years, which would be suspended after the service of one hundred days, day for day; placed him on supervised probation for a period of four years; and fined him five thousand dollars. According to the Negotiated Plea Agreement form, there was also an agreement with the State that the defendant would later submit a certified question of law to this Court. Through this appeal the defendant asks us to consider two search related issues. However, the State asserts that the defendant did not properly reserve the certified questions, and, thus, this Court lacks jurisdiction to consider them. Finding the State's position has merit, we, therefore, dismiss this appeal.
Authoring Judge: Judge Jerry L. Smith
Originating Judge:Judge Donald P. Harris |
Williamson County | Court of Criminal Appeals | 10/17/01 | |
| State of Tennessee v. Marion Lee Chapman
W1999-00410-CCA-R3-CD
A Carroll County jury convicted the appellant, Marion Lee Chapman, of one (1) count of driving under the influence of an intoxicant. The trial court sentenced the appellant to eleven (11) months and twenty-nine (29) days, suspended after serving ten (10) days in confinement. On appeal, the appellant argues that the trial court erred in denying his motion for a continuance on the day of trial. We hold that the appellant has waived this issue for failing to prepare an adequate record for this Court's review. In addition, we conclude that, based on the limited record before us, the trial court did not abuse its discretion in denying the motion for a continuance. Therefore, we affirm the judgment of the trial court.
Authoring Judge: Judge Jerry L. Smith
Originating Judge:Judge C. Creed McGinley |
Carroll County | Court of Criminal Appeals | 10/16/01 | |
| J.D. Hickman vs. TN Board of Paroles
M2000-02846-COA-R3-CV
This appeal involves a prisoner's efforts to obtain a mandatory parole date. After the general counsel for the Tennessee Board of Paroles informed him that he was ineligible for mandatory parole, the prisoner filed a common-law writ of certiorari in the Chancery Court for Davidson County seeking a declaration either that he is entitled to a mandatory parole date or that the Board had been employing the wrong legal standards with regard to his parole date and the parole dates of all other prisoners sentenced after 1989. In response to the Board's Tenn. R. Civ. P. 12.02(6) motion, the trial court dismissed the prisoner's petition because it was not timely filed and because the Tennessee Criminal Sentencing Reform Act of 1982 had prospectively repealed mandatory parole by implication. On this appeal, the prisoner asserts that his suit was timely filed and that the trial court erred by concluding that he was not entitled to a mandatory parole date. We have determined that the prisoner's complaint was timely; however, we have also determined that he is not entitled to a mandatory parole date.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 10/16/01 | |
| Tip's PackageStore, Inc. vs. Commercial Ins. Mgrs., Inc.
E2000-02070-COA-R3-CV
Plaintiffs H. Wayne Tipton ("Tipton") and Tip's Package Store, Inc., (Tip's) brought this lawsuit against George P. Taylor ("Taylor") and Commercial Insurance Managers, Inc., ("Commercial") seeking indemnification for an agreed judgment entered against Tip's in a lawsuit involving the tragic deaths of two young University of Tennessee students. Plaintiffs claim that Defendants improperly obtained for them an "occurrence" liability policy as opposed to a "claims made" liability policy, thereby resulting in a lack of insurance coverage for the wrongful death claims. After a jury trial, the Chancery Court entered judgment in favor of both Plaintiffs in the amount of $1,000,000 for indemnification based on the jury's answers to interrogatories. Defendants appeal, arguing, among other things, that: (1) the statute of limitations had run; (2) a covenant not to execute entered into between the families of the deceased young women and Plaintiffs extinguished any potential liability; and (3) the jury's responses to interrogatories were fatally inconsistent. We affirm in part, reverse in part, and remand.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Sharon J. Bell |
Knox County | Court of Appeals | 10/16/01 | |
| E2000-02268-COA-R3-CV
E2000-02268-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Originating Judge:Russell E. Simmons, Jr. |
Roane County | Court of Appeals | 10/16/01 | |
| Stacy Harris vs. 4215 Harding Road Homeowners Association
M2000-02414-COA-R3-CV
The appellant, a unit owner in a high-rise condominium, sued the Homeowners Association, claiming that her assessment for common expenses had been too high for the twenty years she had owned the unit. She sought reimbursement of the overpayment and an injunction against further assessments based on the percentage of her ownership stated in the Master Deed. The Chancery Court of Davidson County granted summary judgment to the Association and ordered the appellant to pay attorney's fees and costs. We affirm and remand the cause for the assessment of attorney's fees for the appeal.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Carol L. Mccoy |
Davidson County | Court of Appeals | 10/16/01 | |
| Linda Musick vs. Calvin Musick
E2001-01140-COA-R3-CV
The Trial Court granted parties a divorce, divided marital property, and awarded alimony. The parties have appealed on issues of evidence, division of marital property, the granting of alimony, and wife's attorney's fees. We affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:John S. Mclellan, III |
Sullivan County | Court of Appeals | 10/16/01 | |
| Kevin Stumpenhorst vs. Jerry Blurton Jr.
W2000-02977-COA-R3-CV
This case arises from an automobile accident in which the Appellee was injured while a passenger in a truck driven by the Appellant's son. The Appellee filed a complaint in the Circuit Court of Madison County against the Appellant and his son. The Appellant and his son filed an answer which specifically pled an affirmative defense of comparative negligence. The Appellee filed a motion for summary judgment against the Appellant and his son. The trial court denied the motion for summary judgment against the Appellant and granted the motion for summary judgment against the Appellant's son. The Appellee filed a motion to strike the affirmative defense of comparative negligence. The trial court granted the motion to strike. Following a jury trial, the jury found that the Appellee's injuries were caused by the negligence of the Appellant's son and that the Appellee was entitled to recover $1,300,000.00 in damages. The jury found that the Appellant was liable under the family purpose doctrine. The Appellant filed a motion for a judgment notwithstanding the verdict, for a new trial, or for a remittitur. The trial court denied the Appellant's motion. The Appellant appeals the decision of the Circuit Court of Madison County disallowing the Appellant to introduce evidence of the Appellee's comparative negligence. The Appellant also appeals the jury verdict finding the Appellant liable under the family purpose doctrine for $1,300,000.00 in damages. For the reasons stated herein, we reverse and remand this case for a new trial in accordance with this opinion.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Roy B. Morgan, Jr. |
Madison County | Court of Appeals | 10/16/01 | |
| State of Tennessee v. Steve Barber, a.k.a. Vernon S. Barber
E2001-00909-CCA-R3-CD
The defendant was convicted by a Sullivan County Criminal Court jury of driving under the influence, third offense, a Class A misdemeanor, and driving while license suspended, revoked, or cancelled, third offense, a Class B misdemeanor. On appeal to this court, he argues, inter alia, that the trial court erred in denying his request for a mistrial and in admitting expert testimony on breath alcohol testing devices. After a careful review of the record, we affirm the judgment of the trial court. However, we remand for entry of corrected judgment forms to reflect that the defendant's convictions resulted from jury verdicts, rather than guilty pleas.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Judge Phyllis H. Miller |
Sullivan County | Court of Criminal Appeals | 10/16/01 | |
| Gloria Neuenschwander vs. Roy Neuenschwander
E2001-00306-COA-R3-CV
Trial Judge refused to recuse, set amount of alimony, and established rental value of parties' property. On appeal we reverse the change in the amount of alimony by the Trial Court, but otherwise affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:William M. Dender |
Knox County | Court of Appeals | 10/16/01 | |
| Richard Jolly vs. Lynette Jolly
W2001-00159-COA-R3-CV
This is a divorce case regarding the distribution of marital property. The wife moved from Tennessee to Kansas with the parties' four minor children and later filed a petition for divorce. The Kansas court awarded the wife a divorce, custody of the children, and child support but found that it did not have jurisdiction to order a division of the parties' marital property located in Tennessee. Thereafter, the wife filed this action in Tennessee seeking a division of the parties' marital property in Tennessee. The trial court ordered that the Tennessee property be sold and that the husband's share of the sale proceeds be reduced by the amount of unpaid child support. On appeal, the husband argues, inter alia, that the trial court erred in recognizing the Kansas divorce decree. We affirm, finding that the Kansas decree was entitled to full faith and credit and that the trial court did not err in dividing the parties' marital property in Tennessee.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Martha B. Brasfield |
McNairy County | Court of Appeals | 10/16/01 | |
| State of Tennessee vs. Clifford Peele
E1999-00907-SC-R11-CD
We granted appeal to determine (1) if Tenn. R. App. P. 3(b) permits the appeal of a denial of a motion to withdraw a guilty plea; and (2) whether a Tenn. R. Crim. P. 32(f) motion to set aside a guilty plea filed prior to the time the judgment becomes final tolls the time for filing an appeal to permit the trial court to rule on the motion. We hold (1) that a denial of a motion to set aside a guilty plea may be appealed pursuant to Tenn. R. App. P. 3(b); and (2) that a trial court retains jurisdiction to rule on a motion to set aside a guilty plea if the motion is filed prior to the date the judgment becomes final. Accordingly, the holding of the Court of Criminal Appeals is reversed, and the case is remanded to the intermediate appellate court for proceedings consistent with this opinion.
Authoring Judge: Justice Janice M. Holder
Originating Judge:Arden L. Hill |
Carter County | Supreme Court | 10/16/01 | |
| Jessie Anthony vs. Melbourne Holland
W2001-00745-COA-R3-CV
This is an appeal from a judgment by the trial court, sitting without a jury, that the defendant's negligence was not the proximate cause of plaintiff's injuries. We hold that the evidence does not preponderate against the factual findings of the trial court. We therefore affirm.
Authoring Judge: Judge David R. Farmer
Originating Judge:Donald H. Allen |
Madison County | Court of Appeals | 10/16/01 |
