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| Herman Majors, Jr. vs. Detective James Smith
M2000-01430-COA-R3-CV
A man indicted for robbing a convenience store was ultimately acquitted of the crime. He subsequently filed a malicious prosecution suit against the detective who arrested him. The trial court granted summary judgment to the defendant detective. We affirm.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:James E. Walton |
Montgomery County | Court of Appeals | 12/14/00 | |
| Kenneth Lewis vs. Dept. of Correction
M2000-00675-COA-R3-CV
Appellant, a Department of Corrections inmate, appeals the dismissal of his petition for a writ of certiorari relative to disciplinary action by the TDOC resulting from a positive drug screen. We affirm the trial judge.
Authoring Judge: Judge William B. Cain
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 12/14/00 | |
| Ronald L. Davis vs. Hershell D. Koger
M2000-01598-COA-R3-CV
This appeal involves a dispute between a convicted felon and the lawyer appointed to represent him in his efforts to reopen his post-conviction challenge to his conviction. After the efforts to set aside his conviction proved unsuccessful, the prisoner sued the lawyer in the Chancery Court for Maury County arguing that his civil rights had been violated because his lawyer had conspired with the prosecutor and the trial judge to prevent him from obtaining the post-conviction relief to which he believed he was entitled. The lawyer denied these allegations, and the prisoner moved for a summary judgment. On June 15, 2000, the trial court summarily dismissed the prisoner's complaint on two grounds. First, the court concluded that it did not have subject matter jurisdiction to consider claims regarding the denial of the prisoner's request for post-judgment relief. Second, the trial court concluded that the prisoner had failed to state a claim upon which relief can be granted. We affirm the dismissal of the prisoner's complaint.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Stella L. Hargrove |
Maury County | Court of Appeals | 12/14/00 | |
| State vs. Alexander Lee
W1999-01804-CCA-R3-CD
The Appellant, Alexander A. Lee, pled guilty to one count of felony possession of cocaine, a class C felony. The Shelby County Criminal Court sentenced the Appellant to three years, suspended, with nine months to serve in the county workhouse. On appeal, the Appellant contends that the trial judge erred in denying his request for total probation. After review, we find no error. Therefore, the judgment is affirmed.
Authoring Judge: Judge David G. Hayes
Originating Judge:Chris B. Craft |
Shelby County | Court of Criminal Appeals | 12/14/00 | |
| State vs. Terry Johnson
W2000-00749-CCA-R3-CD
A Lauderdale County jury convicted the defendant of felony reckless endangerment, and in this appeal, the defendant claims two errors: (1) The trial court erroneously determined that the eight-year-old victim was competent to testify, and (2) the defendant was denied his right to a unanimous verdict. We find no error requiring reversal and affirm the conviction.
Authoring Judge: Judge J. Curwood Witt, Jr.
Originating Judge:Joseph H. Walker, III |
Lauderdale County | Court of Criminal Appeals | 12/14/00 | |
| Charles Bobo v. Dept. of Corrections
M2000-00517-COA-R3-CV
Appellant, a prison inmate, filed, in the Chancery Court of Davidson County, a Petition for Writ of Certiorari questioning disciplinary actions against him by the Department of Corrections. The petition was dismissed by the Chancellor with costs assessed against Appellant. Appellant then sought exemption of his inmate trust account from execution for costs asserting that Tennessee Code Annotated Section 26-2-103 rendered his trust account and personal property to a value of $4,000 exempt from execution for court costs. The Chancellor held Tennessee Code Annotated Section 26-2-103 to be inapplicable, and we affirm the Chancellor.
Authoring Judge: Judge William B. Cain
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 12/14/00 | |
| Rita M. Russell v. Modine Manufacturing Company, Inc.
E2000-00176-WC-R3-CV
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated _ 5-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. Review of the findings of fact made by the trial court is de novo upon the record of the trial court, accompanied by a presumption of the correctness of the finding, unless the preponderance of the evidence is otherwise. TENN. CODE ANN. _ 5-6-225(e)(2). Stone v. City of McMinnville, 896 S.W.2d 548, 55 (Tenn. 1995).
Authoring Judge: John K. Byers, Sr. J.
Originating Judge:James B. Scott, Jr., Judge |
Knox County | Workers Compensation Panel | 12/14/00 | |
| Peggy Boles vs. Dept. of Correction
M2000-00893-COA-R3-CV
The wife of an incarcerated person brought an action seeking to have a policy of the Department of Correction declared invalid. The policy involved a visitor's responsibility to control children while visiting an inmate in a state prison. The trial court dismissed the petition. We affirm.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 12/14/00 | |
| Mitchell Tarver vs. Dept. of Correction
M2000-01622-COA-R3-CV
A prison inmate filed a petition seeking a declaratory judgment that he was entitled to parole consideration in accordance with his plea bargain. The trial court dismissed the petition on summary judgment. We affirm.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 12/14/00 | |
| Peter Greer v. Dept of Correction
M2000-00222-COA-R3-CV
This appeal involves a dispute between a prisoner and the Tennessee Department of Correction regarding a change in the way the Department reports pre-trial sentence credits. Believing that the change increased the length of his sentence, the prisoner filed suit in the Chancery Court for Davidson County to rescind the change. The trial court concluded that the change had not altered the prisoner's sentence expiration date and dismissed the petition. We affirm.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 12/14/00 | |
| Frances Wolfe vs. Kroger Co.
W2000-00281-COA-R3-CV
Plaintiff sued Defendant to recover for injures she received from a fall inside Defendant's store. The trial court granted Defendant's motion for summary judgment. We affirm based on Plaintiff's failure to counter Defendant's evidence that it neither caused the condition which caused the fall nor did it have notice of that condition.
Authoring Judge: Judge David R. Farmer
Originating Judge:James F. Russell |
Shelby County | Court of Appeals | 12/14/00 | |
| Emanuel Johnson vs. Doctor Crans, et al
W2000-01587-COA-R3-CV
Inmate, a State of Wisconsin prisoner in custody at a private correctional facility in Tennessee pursuant to a contract between the State of Wisconsin and the facility, filed a petition for writ of habeas corpus against respondent, the chief executive officer of the private correctional facility and the warden of the private facility. The petition alleges, in substance, that the act of the State of Wisconsin in sending the prisoner to a private correctional facility out of the state waived its jurisdiction over the inmate, voided his sentence, and released him from custody. The trial court dismissed the petition for failure to state a claim upon which relief can be granted, and inmate has appealed. We affirm.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Jon Kerry Blackwood |
Hardeman County | Court of Appeals | 12/14/00 | |
| Jeff Utley, et al vs. Jim Rose, et al
M2000-00941-COA-R3-CV
Two prison inmates sued the Assistant Commissioner of Correction and four other correctional employees for failing to release them from maximum security. The trial court dismissed the suit for failure to state a claim upon which relief can be granted. We affirm.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Carol L. Mccoy |
Davidson County | Court of Appeals | 12/14/00 | |
| Michael Love vs. Dr. Crants
W2000-01518-COA-R3-CV
This case involves the incarceration of the Appellant in the State of Tennessee pursuant to a contract between the Wisconsin Department of Corrections and Corrections Corporation of America. The Appellant filed a petition for habeas corpus relief in the Circuit Court of Hardeman County. The trial court entered an order dismissing the Appellant's for failure to state a claim upon which relief can be granted.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Jon Kerry Blackwood |
Hardeman County | Court of Appeals | 12/14/00 | |
| Frankie White, et al vs. Ronnie Gault, et al
M2000-00534-COA-R3-CV
The plaintiff filed a Tenn. R. Civ. P. 60.02 motion, seeking to reinstate his claim after the Supreme Court reversed a decision cited by this court when dismissing his appeal. The trial court denied the motion. We affirm.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:L. Craig Johnson |
Coffee County | Court of Appeals | 12/14/00 | |
| Brenda Woods vs. Howard Hayden
W2000-02362-COA-R3-CV
The cases on appeal are three actions that were consolidated by Order of the court below. The Defendants in all cases are practicing attorneys. While Appellant's brief is difficult to follow and contains no citations to the record, it appears that she was dissatisfied with the outcome of two cases which were pending in the Chancery Courts of Shelby County, Tennessee. As a result, she sued the attorneys who worked on her behalf as well as her adversaries' counsel.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Joe C. Morris |
Shelby County | Court of Appeals | 12/14/00 | |
| Derrick Jackson v. Dept of Correction
M2000-02065-COA-R3-CV
This appeal involves a dispute between a prisoner and the Department of Correction over the prisoner's loss of sentence credits as punishment for a disciplinary offense. Failing to obtain redress from the Department, the prisoner filed a petition in the Chancery Court for Williamson County alleging that he was being held unlawfully because his sentence had expired. The trial court dismissed the petition, and the prisoner appealed. We have determined that this appeal is now moot because the prisoner has been released from custody. Therefore, we vacate the trial court's order and remand the case with directions to dismiss the prisoner's petition.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Jeffrey S. Bivins |
Williamson County | Court of Appeals | 12/14/00 | |
| State vs. Patty Pace Purkey
E2000-00308-CCA-R3-CD
The appellant, Patty Pace Purkey, pled guilty in the Grainger County Criminal Court to one count of vehicular assault, a class D felony, one count of reckless endangerment, a class E felony, three counts of simple possession of a controlled substance, a class A misdemeanor, and one count of driving on a revoked license, a class B misdemeanor. The trial court sentenced the appellant to the following terms of incarceration: three years in the Tennessee Department of Correction for vehicular assault; two years in the Tennessee Department of Correction for reckless endangerment; eleven months and twenty-nine days in the county jail for each of the simple possession convictions; and six months in the county jail for driving on a revoked license. The trial court further ordered that all of the appellant's sentences be served concurrently and assessed a total of $750 in fines. The trial court denied the appellant any form of alternative sentencing. On appeal, the appellant raises the following issue for our review: whether the trial court erred in failing to order probation or another alternative sentence. 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:O. Duane Slone |
Grainger County | Court of Criminal Appeals | 12/13/00 | |
| Luther Brown, III vs. State
E1999-02290-CCA-R3-CD
The petitioner, Luther Robert Brown, III, appeals from the Sullivan County Criminal Court's summary dismissal of his petition for the writ of habeas corpus. Brown seeks relief from a "parole hold" that Tennessee officials have caused to be placed upon him within the Virginia prison system. According to the allegations of his petition, the parole hold has resulted in the Virginia prison system denying him inmate privileges to which he would otherwise be entitled. Additionally, he complains that he has not been granted a Tennessee parole hearing even though he has served his Tennessee sentence past the release eligibility date. Because we agree with the lower court that these complaints are not cognizable in a habeas corpus proceeding, we affirm the lower court's dismissal of the petition.
Authoring Judge: Judge J. Curwood Witt, Jr.
Originating Judge:R. Jerry Beck |
Sullivan County | Court of Criminal Appeals | 12/13/00 | |
| State vs. Howard W. Weaver
E2000-00066-CCA-R3-CD
The defendant appeals his convictions of two counts of aggravated sexual battery. He claims that the trial court erred (1) in denying his motion to suppress his statement given to investigators from the Department of Children's Services and sheriff's department, and (2) in failing to require the state to elect the particular offenses upon which it sought convictions. He also claims that the evidence presented at trial is insufficient to support his convictions. Upon review, we accept the state's concession of error in the failure to elect, but we are unpersuaded of merit in the defendant's suppression and sufficiency issues. We reverse the defendant's convictions and remand for a new trial.
Authoring Judge: Judge J. Curwood Witt, Jr.
Originating Judge:E. Eugene Eblen |
Roane County | Court of Criminal Appeals | 12/13/00 | |
| State vs. Josh Moon
E2000-00690-CCA-R3-CD
The defendant appeals from his Sevier County Circuit Court sentence for simple assault, a Class A misdemeanor. The trial court sentenced the defendant to eleven months and 29 days, with six months of the sentence to be served incarcerated in jail and the balance on supervised probation. The trial court ordered restitution to the victim in the amount of $18,700 for medical expenses. In this direct appeal, the defendant complains that he should have received full probation. We affirm the judgment of the trial court.
Authoring Judge: Judge J. Curwood Witt, Jr.
Originating Judge:Rex Henry Ogle |
Sevier County | Court of Criminal Appeals | 12/13/00 | |
| State vs. Donald Lynn Miller
E1999-00148-CCA-R3-CD
Donald Lynn Miller was convicted by a jury of felony murder and especially aggravated robbery and received respective sentences of life imprisonment and twenty-three years. On appeal, Miller raises the following issues: (1) whether the trial court committed reversible error by allowing the victim's skull to be admitted into evidence; (2) whether the trial court erred by admitting Miller's statement to police into evidence and (3) whether the evidence is insufficient to support the verdict. After review, we find no error and affirm the judgment of the Knox County Criminal Court.
Authoring Judge: Judge David G. Hayes
Originating Judge:Ray L. Jenkins |
Knox County | Court of Criminal Appeals | 12/13/00 | |
| State vs. William Washington a/k/a "Freddie"
E2000-00695-CCA-R3-CD
William Washington was found guilty by a Washington County jury of one count of possession of less than one-half gram of cocaine with intent to sell. Washington, a range III offender, was sentenced to twelve years in the Department of Correction. The following issues are presented on appeal: (1) the sufficiency of the convicting evidence and (2) whether the trial court impermissibly limited the scope of his voir dire examination of prospective jurors with regard to racial bias. Finding no error, the judgment is affirmed.
Authoring Judge: Judge David G. Hayes
Originating Judge:Robert E. Cupp |
Washington County | Court of Criminal Appeals | 12/13/00 | |
| Sheucraft vs. Roberts
M1999-01645-COA-R3-CV
This is a custody dispute between the maternal grandparents, Petitioners, and the biological father, Respondent. The child, Lexie, was born to Dewey and Lisa Roberts in October of 1991 and was seven years of age at the June 1999 trial. In 1995, Dewey Roberts and Lisa Sheucraft Roberts separated, and Lisa Roberts and Lexie moved in with the Petitioners. Ms. Roberts and the child continued to reside with the Petitioners until her unexpected death in 1998 from a brain aneurysm related to a cocaine overdose. The Respondent has a history of drug and alcohol abuse and, at the time of trial, was involved in an abusive relationship with a female companion. The trial court, applying the "substantial harm" test of Bond v. McKenzie, 896 S.W.2d 546 (Tenn. 1995), found that to change the residential arrangements from the grandparents' home to the father's home would be devastating to the child and would result in substantial harm to her. The trial court further found that it is in the child's best interests to spend the majority of her time with the maternal grandparents. Respondent appeals and we affirm the judgment of the trial court.
Authoring Judge: Judge William B. Cain
Originating Judge:Marietta M. Shipley |
Davidson County | Court of Appeals | 12/13/00 | |
| State vs. Michael Nevens
M2000-00815-CCA-R3-CD
The defendant appeals from his conviction for theft of a bottle of tea, contesting the jury instructions, the effectiveness of his trial counsel, the state's cross-examination of defense witnesses, the state's closing argument and the trial court's failure to rule upon a subsequent objection, and his sentence. Because the trial court erred in instructing the jury, we reverse the defendant's conviction and remand the case to the trial court.
Authoring Judge: Presiding Judge Joseph M. Tipton
Originating Judge:Timothy L. Easter |
Williamson County | Court of Criminal Appeals | 12/13/00 |