| 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 | |
| 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 | |
| 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 | |
| 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. 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 | |
| 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 | |
| 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 | |
| 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 | |
| Services v. C.S.M. And L.M.M.
2000-02806-COA-R3-JV
Originating Judge:Darryl W. Edmondson |
Union 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 | |
| City of Collegedale vs. Hamilton County Water Treatment
E2001-02041-COA-R3-CV
This is a suit brought by the City of Collegedale, seeking a declaration that Hamilton County Wastewater and Wastewater Treatment Authority is required to arbitrate a dispute between them in connection with the City annexing certain property served by the Authority. The complaint also sought a declaration that in the event the City prevails the Authority would not be entitled to prosecute a suit to condemn and re-acquire the facilities in question. The Trial Judge found in favor of the City on both issues and the Authority appeals. We affirm in part and vacate in part.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Samuel H. Payne |
Hamilton County | Court of Appeals | 02/13/02 | |
| Elizabeth Petty vs. State
E2001-02124-COA-R3-CV
In this action, the Commission found no contract between the parties and dismissed the claim. On appeal, we affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Vance W. Cheek |
Court of Appeals | 02/13/02 | ||
| Walter Fletcher v. Deanna M. Fletcher,
E2001-01223-COA-R3-JV
Authoring Judge: Judge David Michael Swiney
Originating Judge:John K. Wilson |
Hawkins County | Court of Appeals | 02/13/02 | |
| 2001-02185-COA-R3-CV
2001-02185-COA-R3-CV
Originating Judge:William E. Lantrip |
Roane County | Court of Appeals | 02/13/02 | |
| 2000-02521-COA-R3-CV
2000-02521-COA-R3-CV
Originating Judge:James B. Scott, Jr. |
Anderson County | Court of Appeals | 02/13/02 | |
| 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 | |
| Judith Silvey vs. Darrel Silvey
E2001-02007-COA-R3-CV
In this divorce action the Trial Court granted divorce ordered rehabilitative alimony, child support and divided the marital property. Issues on appeal include the valuation, classification and division of marital property and the award of alimony. We affirm in part, vacate in part and remand.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:W. Frank Brown, III |
Hamilton County | Court of Appeals | 02/12/02 | |
| State of Tennessee v. Antonio Dewayne Carpenter
W2001-00580-CCA-R3-CD
The defendant, Antonio Dewayne Carpenter, was indicted for premeditated murder, felony murder, especially aggravated kidnapping, and especially aggravated robbery. The state filed notice seeking the death penalty. The defendant was convicted on each count of the indictment and the trial court merged the felony murder conviction with the premeditated murder conviction. At the conclusion of the penalty phase of the trial, the jury imposed a sentence of life without the possibility of parole. The trial court ordered concurrent twenty-year sentences for especially aggravated kidnapping and especially aggravated robbery. All of these sentences were ordered to be served consecutively to three life sentences for federal convictions stemming from the same incident. In this appeal of right, the defendant challenges the sufficiency of the evidence and argues that the dual sovereignty doctrine, which permits successive federal and state prosecutions for the same acts, should be abandoned. The judgments are affirmed.
Authoring Judge: Presiding Judge Gary R Wade
Originating Judge:Judge Jon Kerry Blackwood |
Fayette County | Court of Criminal Appeals | 02/12/02 | |
| Lynn Hall, et al vs. Mark Bookout
E2001-01172-COA-R3-CV
Lynn and Lillian Hall, the maternal grandparents ("Grandparents") of the minor child ("Child"), filed a Petition for Custody seeking permanent custody of the Child, naming the Child's biological father ("Father"), Mark Bookout, as the defendant. The Grandparents had temporary custody of the Child pursuant to an ex parte order. At the close of proof at trial, the Trial Court found that the Father was not unfit. In its Order, however, the Trial Court made no specific finding regarding the risk of substantial harm if the Child was placed in Father's custody. The Trial Court denied the Grandparents' petition but did not order the Child returned to Father's custody by any set date but instead provided only that the "ultimate goal" was for the Child to be returned to Father. Father appeals. We affirm, in part, and modify, in part, and remand.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Samuel H. Payne |
Hamilton County | Court of Appeals | 02/12/02 |
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