| State of Tennessee v. Paul Payne, Jr.
W2001-00216-CCA-R3-CD
The defendant, Paul Payne, Jr., was convicted in a bench trial of driving under the influence of an intoxicant. The trial court imposed a sentence of 11 months and 29 days and suspended all but 48 hours. The defendant was fined $350.00. In this appeal of right, the defendant complains that the stop of his vehicle was unlawful, that the evidence at trial was insufficient, and that there was no reasonable basis for the administration of the blood alcohol test. The judgment is affirmed.
Authoring Judge: Presiding Judge Gary R Wade
Originating Judge:Judge Joseph H. Walker, III |
Tipton County | Court of Criminal Appeals | 02/19/02 | |
| Ingram v. Beazer Homes
M2001-01641-COA-R3-CV
This litigation arises from the 1994 sale of a newly constructed house and lot backing up to a subdivision common area with an existing natural sinkhole, which is utilized for surface water drainage from several nearby lots. During development of the subdivision the defendant filled the area including a portion of the lot purchased by the plaintiffs. In 1997, the plaintiffs became concerned about the ground settling in their back yard and about perceived dangers of the nearby sinkhole. They sued the defendant as subdivision developer, house builder, and seller of the property and sought rescission or alternative relief. The Chancery Court ordered rescission with the plaintiffs recovering the appreciated value at the time of trial and the cost of improvements, plus prejudgment interest on that total, but without any setoff for the rental value during the plaintiffs' occupancy. We reverse and remand due to errors in the trial court's calculation of the amount payable upon rescission and related issues. While we could affirm the rescission, we are reluctant to limit the parties and the trial court to that remedy, since we anticipate additional proof by the parties and a significantly different result upon remand.
Authoring Judge: Judge Robert L. Jones
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 02/19/02 | |
| Eric Wallace v. State of Tennessee
W2000-02854-CCA-R3-CD
The petitioner, Eric Wallace, appeals the trial court's denial of his petition for post-conviction relief. The issues presented for review are (1) whether the petitioner received effective assistance of counsel; (2) whether the petitioner was denied the right to a speedy trial; and (3) whether the state used improper impeachment evidence. Because the evidence does not preponderate against the findings of the trial court, the order denying post-conviction relief is affirmed.
Authoring Judge: Presiding Judge Gary R. Wade
Originating Judge:Judge W. Otis Higgs, Jr. |
Shelby County | Court of Criminal Appeals | 02/19/02 | |
| Trent Marcus vs. Lorraine Marcus
W2001-00906-COA-R3-CV
This case involves a petition to enroll a foreign judgment. The parties were married in Tennessee and later moved to North Carolina. While living in North Carolina, the parties separated and the husband filed for divorce in North Carolina. The wife filed a counterclaim for divorce in North Carolina, seeking permanent and pendente lite alimony. The North Carolina court ordered the husband to pay pendente lite alimony. While the North Carolina proceedings were pending, husband moved to Arkansas and obtained a divorce in Arkansas. In light of the Arkansas divorce, the wife filed a voluntary dismissal of her North Carolina counterclaim. The husband then filed a motion in North Carolina under a North Carolina statute, seeking reimbursement of the pendente lite alimony he had paid to the wife. The North Carolina court entered a judgment ordering the wife to reimburse the husband for the alimony payments. The wife did not file an appeal in North Carolina. The husband then filed a petition to enroll the North Carolina judgment in Tennessee. The Tennessee trial court enrolled the North Carolina judgment. The wife now appeals. We affirm, finding that the North Carolina court had subject matter jurisdiction under its statutes to enter the judgment and that the North Carolina judgment was not contrary to Tennessee public policy.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:George H. Brown |
Shelby County | Court of Appeals | 02/19/02 | |
| State of Tennessee v. Kathryn Lee Adler
W2001-00951-CCA-R3-CD
The Fayette County Grand Jury returned an indictment against the defendant alleging one count of aggravated child neglect and a second count of aggravated child abuse. A jury convicted the defendant of the indicted charge of aggravated child neglect and the lesser-included offense of felony child abuse. The trial court sentenced the defendant to concurrent sentences of twenty years and two years, respectively. In this appeal, the defendant alleges (1) the evidence is insufficient to support the conviction for aggravated child neglect; (2) the applicable child abuse/neglect statutes are unconstitutionally vague and overbroad; (3) the trial court erred by refusing to charge reckless endangerment as a lesser-included offense of aggravated child neglect; and (4) the defendant's sentence is excessive. After a thorough review of the record, we find no reversible error and affirm the judgment of the trial court.
Authoring Judge: Judge Joe G. Riley
Originating Judge:Judge Jon Kerry Blackwood |
Fayette County | Court of Criminal Appeals | 02/19/02 | |
| Alan Miller v. City of Murfreesboro
M2001-01478-COA-R9-CV
In this retaliatory demotion case, the City of Murfreesboro appeals the action of the trial court in denying a Motion for Summary Judgment as to all issues. We find no material evidence in the record to establish that the articulated reason for the demotion of these three police officers, all of whom are established by the record to be honest and competent officers, is pretextual. The judgment of the trial court is reversed, and summary judgment entered for Defendant as to all issues.
Authoring Judge: Judge William B. Cain
Originating Judge:John W. Rollins |
Rutherford County | Court of Appeals | 02/19/02 | |
| Margaret Parker vs. Kroger Co.
W2001-01977-COA-R3-CV
Plaintiff, a Tennessee resident, slipped and fell in a Kroger store in Texas. Plaintiff sued defendant in Shelby County Circuit Court, and the parties agreed that Texas law was applicable. The trial court granted summary judgment for defendant, and plaintiff appeals. We reverse and remand.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:James F. Russell |
Shelby County | Court of Appeals | 02/19/02 | |
| Anne Pope v. Leuty & Heath
M2001-00736-COA-R3-CV
The receivers of a group of insolvent life insurance companies brought a malpractice action against an accounting firm that had performed allegedly negligent audits of the companies. The accounting firm denied any negligence, and filed a third party complaint against its professional liability insurer, requesting payment of benefits under an expired policy. The trial court dismissed the third-party complaint, ruling that the insurance policy was a claims-made policy and that the insurer was no longer obligated to its former insured. The court certified its order as final for purposes of appeal. We have concluded that the trial court was correct, and we affirm its order.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 02/19/02 | |
| Dept. of Children Serv. vs. Davina Frazier
W2001-01935-COA-R3-JV
Minor child was removed from mother's custody because mother neglected to provide child with proper medical care and treatment. Mother entered into a permanency plan and child was temporarily placed with a family member. The trial court terminated mother's parental rights to the child, finding clear and convincing evidence that: (1) mother had not substantially complied with the conditions of the permanency plan; (2) there was little likelihood that the conditions leading to child's removal would be remedied in the near future, and that the continuation of the parent-child relationship would greatly diminish the child's chances of early integration into a safe, stable and permanent home. Mother has appealed. We affirm
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Christy R. Little |
Madison County | Court of Appeals | 02/19/02 | |
| Kenneth R. Griffin v. State of Tennessee
E2001-01932-CCA-R3-PC
Petitioner, Kenneth R. Griffin, appeals from the trial court's summary dismissal of his petition for post-conviction relief. Pursuant to Tennessee Code Annotated section 40-30-206, the trial court entered an order dismissing the petition without an evidentiary hearing. In its order, the trial court made a finding of fact that the petition contained no verification of any facts under oath. Since the petition was devoid of verified facts upon which the trial court could grant relief, it concluded that a dismissal was required. On appeal, the State agrees with Petitioner that the trial court's judgment should be reversed. After a thorough review of the record, we reverse the judgment of the trial court and remand this case for further proceedings.
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Judge Lynn W. Brown |
Washington County | Court of Criminal Appeals | 02/19/02 | |
| Perry March v. Lawrence Levine, et al
M2000-01955-COA-R3-CV
Authoring Judge: Judge William B. Cain
Originating Judge:Frank G. Clement, Jr. |
Davidson County | Court of Appeals | 02/15/02 | |
| Clint Lowe v. Wal-Mart Stores, Inc.
M2001-00513-WC-R3-CV
After being informed by his employer that he could see no more physicians, the plaintiff nevertheless sought additional treatment for a neck injury which resulted in a surgical correction. The trial judgment ordered these unauthorized expenses to be paid by the employer. We affirm.
Authoring Judge: William H. Inman, Sr. J.
Originating Judge:Ellen Hobbs Lyle, Chancellor |
Davidson County | Workers Compensation Panel | 02/15/02 | |
| M2000-03214-COA-R3-JV
M2000-03214-COA-R3-JV
Authoring Judge: Judge William B. Cain
Originating Judge:Betty Adams Green |
Davidson County | Court of Appeals | 02/15/02 | |
| State of Tennessee v. Thaddeus Morris
W2001-01691-CCA-R3-CD
The defendant, Thaddeus Morris, was convicted of three counts of assault, three counts of reckless aggravated assault, one count of aggravated robbery, and one count of carjacking following a jury trial. The trial court merged the three assault convictions with the three reckless aggravated assault convictions and the aggravated robbery conviction with the carjacking conviction. The defendant was sentenced to seven years, six months for each of the reckless aggravated assault convictions, with two of the sentences to be served concurrently and the third to be served consecutively. For the carjacking conviction, the trial court sentenced the defendant to twelve years to be served consecutively to the third reckless aggravated assault sentence, for an effective sentence of twenty-seven years in the Department of Correction. On appeal, the defendant argues: (1) the evidence was insufficient to support his convictions for carjacking and aggravated robbery; (2) the trial court erred by not including "moral certainty" in its jury instruction on reasonable doubt; (3) cumulative error occurred during the trial; and (4) the trial court erred in imposing consecutive sentencing. After a careful review of the record, we affirm the judgment of the trial court.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Judge Chris B. Craft |
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 | |
| Betty Louise Moss v. Findlay Industries, Inc.
M2000-02632-WC-R3-CV
The trial court awarded benefits for vocational impairment of 55 percent to each of the plaintiff's arms. The defendant insists that the award is excessive, because the anatomical rating was only 1 percent, as a result of carpal tunnel release. The judgment is affirmed.
Authoring Judge: William H. Inman, Sr. J.
Originating Judge:Charles D. Haston, Judge |
Warren County | Workers Compensation Panel | 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 | |
| Perr Y M Ar Ch v. Law Renc E Levine,
M2000-02955-COA-R3-CV
Originating Judge:Frank G. Clement, Jr. |
Davidson County | Court of Appeals | 02/15/02 | |
| Nashville Sash & Door . v. TriStar Builders
M2001-01160-COA-R3-CV
In this case Nashville Sash and Door, Inc. sued Tristar Builders, Inc. and its two stockholders, Robert J. Ivy and Richard L. Cammeron on a debt arising from credit extended under an application of credit. At the conclusion of the plaintiff's proof the trial judge granted the defendants motion under Rule 41 of the Tennessee Rules of Civil Procedure and dismissed the complaint. Nashville Sash and Door, Inc. has appealed that decision. We affirm the Trial Court.
Authoring Judge: Chancellor Jeffrey F. Stewart
Originating Judge:Walter C. Kurtz |
Davidson County | Court of Appeals | 02/15/02 | |
| Southwest Williamson County Community Assoc. v. J. Bruce Saltsman
M2001-00654-COA-R3-CV
A group of Williamson County residents whose property was threatened by highway construction filed a Petition for a Declaratory Order against the Tennessee Department of Transportation. They argued that the Department violated the statute that authorized the project by not complying with the environmental standards for construction of an interstate highway. The Administrative Law Judge denied the petition, and the trial court affirmed the ALJ. We affirm the trial court.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Irvin H. Kilcrease, Jr. |
Williamson County | Court of Appeals | 02/15/02 | |
| State of Tennessee v. Sean E. Miller
W2001-02045-CCA-R3-CD
The defendant was found guilty by a Shelby County jury of DUI, second offense, and reckless driving. He was sentenced to 11 months and 29 days, all suspended except 60 days for DUI, second offense, and fined $50 for reckless driving. On appeal, he argues: (1) the results of his breath alcohol test were not properly admitted; (2) the evidence was insufficient to support his conviction for reckless driving; (3) the trial court improperly aided the prosecution in the presentation of its case; and (4) the trial court erred in ordering the defendant to consent to breath alcohol tests as a condition of his probation. We reverse the judgments of the trial court, dismiss the charge of reckless driving, and remand the DUI charge to the lower court for a new trial.
Authoring Judge: Judge Joe G. Riley
Originating Judge:Judge Chris B. Craft |
Shelby County | Court of Criminal 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 | |
| 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 | |
| State of Tennessee v. Greg Stewart
M2001-01056-CCA-R3-CD
Pursuant to a bench trial, the appellant, Greg Stewart, was convicted of two counts of simple possession of a controlled substance. The trial court sentenced the appellant to two concurrent terms of eleven months and twenty-nine days incarceration in the Coffee County Jail. On appeal, the appellant contests the trial court's denial of his motion to suppress the drug evidence due to the lack of proper consent to the search. 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 John W. Rollins |
Coffee County | Court of Criminal Appeals | 02/15/02 | |
| 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 |
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