| William Fleming vs. Leatha Fleming
W1999-01978-COA-R3-CV
This appeal involves the division of marital property and award of alimony in futuro in an action for divorce. Husband receives retirement income from the United States Army. Wife has an annuity through her employer which accrued during the parties' marriage. The circuit court awarded Wife $150 a month as alimony in futuro, but ruled that the parties should keep their retirement accounts as separate property. Husband has appealed, and both parties present issues for review.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Karen R. Williams |
Shelby County | Court of Appeals | 08/28/00 | |
| Joseph Elcan vs. Linda Augustine
W1999-01621-COA-R3-CV
This appeal involves a will contest concerning the last will and testament of Frank Elcan. Contestants are, among others, the brother and half sister of the testator. The proponents of the will are Linda Augustine and Jimmy Elcan. The complaint alleges that a paper writing dated December 1, 1995, previously admitted to probate in common form is not the lawful will of the testator because he lacked testamentary capacity and because he was unduly influenced by Linda Augustine. The proponent's answer denies the material allegations of the complaint.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Joseph H. Walker, III |
Tipton County | Court of Appeals | 08/28/00 | |
| William Crawford vs. Gregory Dodson
W1998-00805-COA-R3-CV
This is a boundary line dispute. The defendants appeal a jury verdict finding that the boundary line was situated where the plaintiffs had maintained. The defendants assert that the trial court erred in denying their motion for judgment notwithstanding the verdict, and also appeal several other rulings by the trial court. We affirm the trial court, except to remand for modification of the trial court's award of discretionary costs to the plaintiff.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:C. Neal Small |
Shelby County | Court of Appeals | 08/28/00 | |
| Mickey Billinsley vs. Diane Billingsley
W1999-00338-COA-R3-CV
This case concerns a husband's efforts to terminate his obligation to pay his ex-wife $216.67 per month in alimony in futuro because of the post-divorce increase in his former wife's income. The trial court denied the husband's petition, finding that there had not been a change in circumstances sufficient to warrant the termination of the spousal support obligation. We affirm.
Authoring Judge: Judge David R. Farmer
Originating Judge:William Michael Maloan |
Obion County | Court of Appeals | 08/28/00 | |
| State vs. James Robert Ledford
E1999-00917-CCA-R3-CD
A Bradley County jury found the appellant, James Robert Ledford, guilty of one count of conspiring to present a false insurance claim, presenting a false insurance claim, and arson of personal property. For these offenses, the appellant was sentenced to five years, with all but ninety days suspended. In this appeal as of right, the appellant contends that (1) the trial court erred in denying suppression of his statement to the police which was obtained in violation of his constitutional rights and (2) the evidence is insufficient to support his conviction for conspiracy to present a false insurance claim. After review, we affirm.
|
Bradley County | Court of Criminal Appeals | 08/28/00 | |
| In re: Petition of John Weatherford
W1999-01014-COA-R3-CV
Darrin Sheffield appeals the trial court's judgment terminating his parental rights to his minor son, Tyler Lee Weatherford. We affirm the trial court's judgment based on our conclusion that the record contains clear and convincing evidence to support the court's findings that Mr. Sheffield abandoned Tyler and that termination of Mr. Sheffield's parental rights was in Tyler's best interest.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Ron E. Harmon |
Benton County | Court of Appeals | 08/28/00 | |
| State vs. Tony Jamerson
W1999-00935-CCA-R3-CD
The appellant, Tony Jamerson, appeals from his conviction of first degree premeditated murder, for which he is serving a sentence of life without the possibility of parole. He alleges his conviction was based upon insufficient evidence of premeditation, that his confession was obtained in violation of his constitutional rights and improperly admitted as evidence against him, and that he was denied his right to confront a witness against him by the trial court's ruling limiting the scope of cross-examination of a witness. Finding no merit in these contentions, we affirm the judgment of the trial court.
Authoring Judge: Judge J. Curwood Witt, Jr.
Originating Judge:Joseph B. Dailey |
Shelby County | Court of Criminal Appeals | 08/28/00 | |
| Shirley Williams vs. Donald Thrailkill
W1999-01032-COA-R3-CV
This case involves visitation rights for an aunt of the minor child. In 1992, the aunt and her husband were granted visitation rights by the Shelby County Juvenile Court. In 1997, after the child's father had moved with the child to Tipton County, the aunt and her husband filed a petition in the Tipton County Juvenile Court to hold father in contempt for failing to abide by the visitation order, to change custody, and alternatively to enforce visitation. After an evidentiary hearing, the Tipton County Juvenile Court held that the prior Shelby County Juvenile Court order granting visitation to aunt was in full force and effect and incorporated the Shelby County order and its order by reference. Father has appealed.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:William A. Peeler |
Tipton County | Court of Appeals | 08/28/00 | |
| State of Tennessee v. Keith Pettigrew
W2002-02539-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Joseph B. Dailey |
Shelby County | Court of Criminal Appeals | 08/27/00 | |
| State vs. Orlando Ward
W1999-00609-CCA-R3-CD
Undercover police officers arrested defendant and recovered 2.7 grams of cocaine from his vehicle. Defendant was indicted for possession of cocaine with intent to sell or deliver, a Class C felony. He entered a plea of guilty to the lesser offense of attempt to commit possession of cocaine with intent to sell or deliver, a Class D felony. As a part of the negotiated plea agreement defendant agreed to a sentence of two (2) years as a standard offender. The manner of service was left for determination by the trial court. Defendant now appeals the trial court's finding that he should serve his sentence without the opportunity for alternative sentencing. We affirm the judgment of the trial court.
Authoring Judge: Judge Cornelia A. Clark
Originating Judge:W. Fred Axley |
Shelby County | Court of Criminal Appeals | 08/25/00 | |
| Susan/Donald Smytka vs. Dayton-Hudson
W1999-01751-COA-R3-CV
This appeal arises out of a complaint for personal injuries sustained when the Plaintiff was struck by a shopping cart in the parking lot of the Defendant's store. The Defendant filed a motion for summary judgment arguing that it did not violate the duty of care owed to the Plaintiff. The trial court granted the motion and entered judgment accordingly.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Robert A. Lanier |
Shelby County | Court of Appeals | 08/25/00 | |
| Wilson vs. Tittle
M2000-00115-COA-R3-CV
This is a child custody case. The mother and father, who were never married, had a child in Tennessee. The mother subsequently married another man and filed petitions in a Tennessee court to establish paternity of the child and for adoption by the stepfather. During the pendency of the suit, the mother and stepfather moved with the child to Texas. The Tennessee court awarded custody of the child to the mother but denied the mother's petition for adoption. The court awarded the father visitation. Later, the father filed petitions in the Tennessee court for contempt and for change of custody, arguing that the mother had refused to allow him visitation. Mother subsequently filed a petition in a Texas court to modify the Tennessee court's prior order. The Tennessee court found that the mother's denial of the father's visitation rights was a substantial change of circumstances and that the best interests of the child favored an award of custody to the father. The mother appeals. We affirm.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Arthur E. Mcclellan |
Sumner County | Court of Appeals | 08/25/00 | |
| State vs. Swindle
M1998-00362-SC-R11-CD
This is an appeal from the Criminal Court for Davidson County, which convicted the defendant of two counts of facilitation of child rape and two counts of aggravated sexual battery. The defendant appealed, arguing that the trial court erred in failing to instruct the jury on Class B misdemeanor assault as a lesser-included offense of aggravated sexual battery. After the Court of Criminal Appeals affirmed the convictions, the defendant sought, and this Court granted, permission to appeal on the following issue: whether the trial court erred in failing to instruct the jury on Class B misdemeanor assault as a lesser-included offense of aggravated sexual battery. We hold that Class B misdemeanor assault is a lesser-included offense of aggravated sexual battery and that it was error for the trial court not to instruct the jury accordingly. Nevertheless, having determined that such error was harmless, the defendant's convictions for aggravated sexual battery are affirmed.
Authoring Judge: Justice William M. Barker
Originating Judge:Seth W. Norman |
Davidson County | Supreme Court | 08/25/00 | |
| State vs. Jefferson
M1997-00115-SC-R11-PC
This case is before us upon a jury's resentencing of the defendant, James Thomas Jefferson, on his conviction for premeditated first degree murder. In the original appeal, the Court of Criminal Appeals affirmed the conviction, vacated the sentence, and remanded the matter to the trial court for resentencing. On remand, the defendant requested a new jury trial on the merits in addition to the already-ordered resentencing. The trial court denied the request for a new trial. After a new hearing, the jury fixed a sentence of life imprisonment. The defendant appealed of right, challenging the trial court's overruling of his motion for a new trial on the merits. Relying on the "law of the case" doctrine, the Court of Criminal Appeals affirmed the trial court's judgment. We granted the defendant's application for permission to appeal and now hold that the Court of Criminal Appeals properly determined that the law of the case doctrine barred the trial court from granting Jefferson's motion for a new trial. The Court of Appeals is, therefore, affirmed.
Authoring Judge: Justice Adolpho A. Birch, Jr.
Originating Judge:Walter C. Kurtz |
Davidson County | Supreme Court | 08/25/00 | |
| State vs. Arthur Clark
W1999-01747-CCA-R3-CD
The defendant was found guilty by a Shelby County jury on two counts of rape. The second count of the indictment, charging rape of a "physically helpless" victim, was merged by the trial court with the first count, charging forcible rape; and the defendant was sentenced to eight years and three months. In this appeal as of right, he argues the trial court should have forced the State to elect one count of the indictment upon which to proceed. He further challenges the sufficiency of the evidence as to both counts of the indictment. We conclude the State was not required to make an election. We further conclude that the evidence is sufficient to support the defendant's conviction for forcible rape, but not rape of a "physically helpless" victim. Thus, we remand to the trial court for entry of a new judgment in accordance with this opinion.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Chris B. Craft |
Shelby County | Court of Criminal Appeals | 08/25/00 | |
| Arzolia Charles Goines vs. State
E1999-02459-CCA-R3-PC
The appellant, Arzolia Charles Goines, appeals the dismissal of his writ of error coram nobis by the Knox County Criminal Court on September 1, 1999. Following a review of the record and the parties' briefs, we affirm the judgment of the trial court.
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:Ray L. Jenkins |
Knox County | Court of Criminal Appeals | 08/25/00 | |
| Colbaugh vs. Colbaugh
M1999-00755-COA-R3-CV
This is a post-divorce visitation case. The mother and father lived with their infant child in Columbia, Tennessee. After the couple separated, the mother took the parties' child to her hometown of Bowling Green, Kentucky, over one hundred miles from Columbia. Upon the parties' divorce, the trial court awarded custody of the child to the mother and visitation to the father for twelve days each month, no greater than fourteen days apart. The trial court ordered the mother and father to meet halfway between their two residences to exchange the child for the father's visitation. The mother appealed the trial court's visitation schedule, arguing that it adversely affects the child's sense of stability, that it places overly burdensome travel requirements on the mother and the child, and that it is unworkable in this case because of the mother and father's inability to cooperate. We affirm.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Stella L. Hargrove |
Maury County | Court of Appeals | 08/25/00 | |
| Baggett vs. Baggett
M1999-00742-COA-R3-CV
This is a divorce case involving child custody. After awarding the mother temporary custody of the parties' children during the pendency of the case, the trial court granted the father sole custody and granted the mother visitation. The mother appealed the custody award. We affirm.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Allen W. Wallace |
Houston County | Court of Appeals | 08/25/00 | |
| Gary Wayne Robertson vs. Lori Vanhooser Robertson
E2000-01698-COA-RM-CV
The Supreme Court granted Mr. Robertson's application for permission to appeal and remanded this case to us "for reconsideration in light of Crabtree vs. Crabtree [16 S.W.3d 356 (Tenn. 2000)]." Upon reconsideration, we adhere to our original opinion.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:W. Neil Thomas, III |
Hamilton County | Court of Appeals | 08/25/00 | |
| Tennessee Pine vs. David/Patty Via
W1999-00558-COA-R3-CV
A timber company filed a declaratory judgment suit to determine its rights and to declare its contract with a landowner valid and enforceable. The trial court modified the contract and declared the contract as modified valid and enforceable. The landowner has appealed and presents the sole issue for review as whether the trial court erred in not holding the contract unenforceable because of laches.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Joe C. Morris |
Madison County | Court of Appeals | 08/25/00 | |
| Darlene Versa v. Policy Studies, Inc.
E2000-00030-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Lawrence H. Puckett |
McMinn County | Court of Appeals | 08/25/00 | |
| Underground, Inc., d/b/a The Underground, vs. City of Knoxville
E2000-00609-COA-R3-CV
The Beer Board summarily suspended Petitioner's licence to sell beer and following a hearing, revoked the permit. On appeal to Chancery Court, the Chancellor upheld the revocation. We affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Daryl R. Fansler |
Knox County | Court of Appeals | 08/25/00 | |
| Shelia Rae Gibbs, et al. v. Robin Media Group, et al. v. Lineberry Properties, Inc.
M1999-00820-COA-R3-CV
This appeal arises from a slip-and-fall accident which occurred on property owned by the Defendant Lineberry Properties and leased by the Defendant Robin Media Group. The latter appeals from the jury verdict entered in the Wilson County Circuit Court. The jury assigned one hundred percent of the fault for the Plaintiff's injuries to Robin Media. After the court denied its motions for remittitur or a new trial, the present appeal arose.
Authoring Judge: Judge Alan E. Highers
Originating Judge:Judge Clara W. Byrd |
Wilson County | Court of Appeals | 08/25/00 | |
| John B. Tigrett v. Union Planters Bank
W1999-01771-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Robert L. Childers |
Shelby County | Court of Appeals | 08/24/00 | |
| State vs. Eric William Sanders
E1999-00345-CCA-R3-CD
The Defendant pleaded guilty in Sullivan County Criminal Court to violation of a habitual traffic offender order, a Class E felony, and driving under the influence, second offense, a Class A misdemeanor. The Defendant was sentenced to serve one year in the Tennessee Department of Correction as a Range I standard offender for violation of the HTO order and eleven months and twenty-nine days, suspended except for forty-five days, for the DUI. The sentences were to run consecutively. After serving thirty percent of his one-year sentence for violation of the HTO order, the Defendant was released by determinate release to the local jail to serve the remainder of his mandatory forty-five day jail term for the DUI conviction, and he was then released on probation pursuant to determinate release. Within one year of the convictions, two warrants were filed alleging that the Defendant violated the terms of his determinate release for the HTO conviction, but neither warrant made reference to the DUI conviction. Following a hearing, at which the Defendant stipulated that he had absconded as alleged in the second warrant, the trial court revoked the Defendant's probation for the HTO conviction and ordered the Defendant to serve his sentence. The trial court continued disposition of the first warrant to allow the State to file a written motion to amend the first warrant to include the DUI conviction. The trial court then issued a third warrant to amend the first warrant to include the DUI conviction. Following a hearing on the first warrant, as amended, the trial court revoked the Defendant's probation for the DUI conviction and ordered him to serve that sentence as well. The Defendant now appeals, arguing (1) that the trial court did not have jurisdiction to revoke his probation for the DUI conviction, and (2) that the trial court abused its discretion in revoking his probation for the DUI conviction. Finding no error, we affirm the judgment of the trial court.
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:R. Jerry Beck |
Sullivan County | Court of Criminal Appeals | 08/23/00 |
