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| Jerry Wayne Killion vs. Sandra Faye Sweat
E1999-02634-COA-R3-CV
In this post-divorce proceeding, the father of Dustin Lynn Killion filed a petition seeking the child's custody. The trial court denied the father's petition. The father appeals the trial court's determination that the proof fails to demonstrate a material change of circumstances warranting a change of custody. We reverse.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Robert M. Summitt |
Campbell County | Court of Appeals | 09/21/00 | |
| Brenda D. Estes, et al vs. Sandra H. Peels, et al
E1999-00582-COA-R3-CV
This case arises out of a motor vehicle accident that occurred when a vehicle exited a manufacturing plant's parking lot and collided with the plaintiff's vehicle on a public highway. Brenda D. Estes and her husband sued the owner of the plant for negligence. The trial court granted the plant owner summary judgment. We hold that, under the circumstances of this case, the plant owner did not owe a duty of care to the plaintiff and therefore affirm the grant of summary judgment.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Ben W. Hooper, II |
Jefferson County | Court of Appeals | 09/21/00 | |
| Mary Schremp vs. David Schremp
W1999-01734-COA-R3-CV
Mother, the custodial parent of minor children, desired to relocate out of state to live with her new husband. Father protested the move and filed a petition in opposition. Finding that Mother's new husband could easily move to Memphis to live with his new family and that dislocating the children was not in their best interest, the trial court granted the petition. We affirm.
Authoring Judge: Judge David R. Farmer
Originating Judge:John R. Mccarroll, Jr. |
Shelby County | Court of Appeals | 09/21/00 | |
| State vs. Deborah Clark
W1999-00893-CCA-R3-CD
The defendant, Deborah Darlene Clark, was convicted by a Madison County jury of aggravated kidnapping, aggravated robbery, and criminal impersonation. In this appeal the defendant claims the evidence is insufficient to support the verdicts. The court finds the evidence clearly sufficient to support the convictions and thus affirms the judgment of the trial court.
Authoring Judge: Judge Jerry Smith
Originating Judge:Roger A. Page |
Madison County | Court of Criminal Appeals | 09/21/00 | |
| Stephenson vs. Carlton
E1998-00202-SC-R11-CD
We granted this appeal to determine whether the appellant's sentence of life without parole for first- degree murder was an illegal sentence and, if so, whether the appellant was entitled to habeas corpus relief. The trial court dismissed the petition for habeas corpus and the Court of Criminal Appeals affirmed. We conclude, and the State concedes, that the sentence of life without parole was not a statutorily authorized punishment at the time the appellant committed the offense of first-degree murder and that the illegal sentence was properly challenged in a habeas corpus petition. We reverse the judgment of the Court of Criminal Appeals and remand the case to the trial court for further proceedings.
Authoring Judge: Justice E. Riley Anderson
Originating Judge:Lynn W. Brown |
Johnson County | Supreme Court | 09/21/00 | |
| State of Tennessee v. Jerry Wayne Southerland
W1999-01083-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:William B. Acree |
Obion County | Court of Criminal Appeals | 09/21/00 | |
| Marvin Catron v. State of Tennessee
W2007-02408-CCA-R3-PC
Authoring Judge: Judge Alan E. Glenn
Originating Judge:John T. Fowlkes, Jr. |
Shelby County | Court of Criminal Appeals | 09/21/00 | |
| State vs. Eric Young
W2000-00057-CCA-R3-PC
In this appeal from the trial court's denial of his post-conviction petition, the petitioner argues that he received ineffective assistance of counsel and that his guilty plea was unknowing and involuntarily entered. We find no error in the trial court's denial of the post-conviction petition.
Authoring Judge: Judge John Everett Williams
Originating Judge:Roy B. Morgan, Jr. |
Madison County | Court of Criminal Appeals | 09/21/00 | |
| Eric Petty, a child
W2000-00907-COA-R3-CV
This case involves an appeal regarding the lower court's determination that Eric Dylan Petty was a delinquent child. In February 2000, a petition was filed with the Juvenile Court of Obion County alleging that Eric Dylan Petty committed the delinquent acts of aggravated assault and vandalism. The juvenile court determined that Petty was delinquent and ordered him committed to the Tennessee Department of Children's Services. After a de novo hearing, the circuit court also declared Petty delinquent based on the acts of aggravated assault and vandalism and affirmed Petty's commitment to the Department of Children's Services. This appeal followed.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:William B. Acree |
Obion County | Court of Appeals | 09/21/00 | |
| Wilson Pharmacy, Inc., vs. General Computer Corp.
E2000-00733-COA-R3-CV
The origin of this appeal is a complaint filed by Plaintiff Wilson Pharmacy, Inc., against Defendant General Computer Corporation, seeking damages for allegedly furnishing defective computer hardware and software programs pursuant to contracts entered into between the parties. The Trial Court found that the provision providing suit must be brought within one year after accrual of the action barred Wilson Pharmacy's claim. Wilson Pharmacy appeals, contending the contract they entered into was one of adhesion, rendering the contract limitation period ineffective. We affirm.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Thomas J. Seeley, Jr. |
Washington County | Court of Appeals | 09/21/00 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
Originating Judge:William Charles Lee |
Bedford County | Court of Criminal Appeals | 09/20/00 | |
| State of Tennessee v. Anthony Layne
M1997-00025-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:Gerald L. Ewell, Sr. |
Coffee County | Court of Criminal Appeals | 09/20/00 | |
| Whittington-Barrett vs. Johnson
E2000-00700-COA-R3-CV
This is a suit between two inmates of the State of Tennessee. The Plaintiff, a transsexual, seeks a declaratory judgment "to establish the rights of the Plaintiff," and damages, attorney fees and costs against the Defendant because of sexual harassment. The cause of action alleges violation of various sections of the Constitutions of the State of Tennessee and the United States of America and of the Civil Rights Act of 1964. The Trial Judge dismissed the complaint because there was "no claim of state action in Plaintiff's complaint, nor is this an employer/employee situation." We affirm.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Jean A. Stanley |
Johnson County | Court of Appeals | 09/20/00 | |
| Denley Rentals vs. Howard Etheridge
W2000-00189-COA-R3-CV
This case involves the assignability of a chose in action. The plaintiffs are two related limited liability companies and the person who was the owner/manager of both. The owner/manager contracted to purchase real property from the defendants, and later assigned his interest under the contract to one of the limited liability companies. The first limited liability company closed the transaction with the defendants. After the transaction was closed, the first company discovered a landfill located on the property that had not been disclosed by the defendants. The first company then transferred the property to the second limited liability company for de minimis consideration. The owner/manager of both companies made a "mental assignment" of the chose in action from the first company to the second company, and the second company incurred the cost of clearing the landfill debris. The plaintiffs jointly sued the defendants for breach of contract, fraud, and misrepresentation. The trial court dismissed the suit, holding that there was not a valid assignment of the chose in action, that the first company was precluded from recovery because it suffered no damages, and that the second company was precluded from recovery because it took the property with full knowledge of the defect. On appeal, we reverse and remand, finding that the chose in action was validly assigned.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:D. J. Alissandratos |
Shelby County | Court of Appeals | 09/20/00 | |
| Matter of Fannie Barnhill
W2000-00289-COA-R3-CV
Will contestant voluntarily dismissed chancery court proceeding to contest will. Subsequently, contestant filed another notice to contest the will. The trial court, on motion, dismissed the proceeding as barred, because it had previously been dismissed, and such an action is within an exception to Tenn.R.Civ.P. 41.01 (1). Contestant has appealed.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Martha B. Brasfield |
Fayette County | Court of Appeals | 09/20/00 | |
| Jerry Wayne Terry vs. Donna Brazier Terry
E2000-00825-COA-R3-CV
This appeal from the Cumberland County Probate and Family Court concerns whether the Trial Court erred in making an equitable division of the marital estate of Jerry Wayne Terry, the Appellant, and Donna Brazier Terry, the Appellee. We affirm the judgment of the Trial Court and remand for such further proceedings as may be necessary. We adjudge costs of appeal against Mr. Terry and his surety.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Steven C. Douglas |
Cumberland County | Court of Appeals | 09/20/00 | |
| State vs. Anthony Roberts
M1999-00750-CCA-R3-CD
Defendant appeals his conviction by a Davidson County jury of DUI second offense. He raises the following issues for our review: (1) whether the trial court erred in denying his motion to suppress based upon the lack of probable cause to arrest; (2) whether the evidence was sufficient to support the conviction; (3) whether the prosecutor committed misconduct during final argument, and (4) whether records pertaining to his prior DUI conviction were properly admitted. Finding no error, we affirm the judgment of the trial court.
Authoring Judge: Judge Joe G. Riley
Originating Judge:Frank G. Clement, Jr. |
Davidson County | Court of Criminal Appeals | 09/20/00 | |
| Anthony Ewing vs. State
M1999-01079-CCA-R3-PC
On February 12, 1998, the petitioner, Anthony Ewing, entered a best interest guilty plea in the Davidson County Criminal Court to one count of attempt to sell over .5 grams of cocaine, a class C felony. The trial court imposed a sentence of six years incarceration in the Davidson County Workhouse. The trial court further ordered this sentence to be served concurrently with sentences the petitioner was already serving. The petitioner filed a post-conviction petition for relief, alleging that he received ineffective assistance of counsel and that his best interest guilty plea was not made knowingly or voluntarily. The post-conviction court denied the petition, finding that the petitioner had received effective assistance of counsel and that the best interest guilty plea had been made knowingly and voluntarily. The petitioner now appeals the denial of his petition for post-conviction relief. Pursuant to a review of the record and the parties' briefs, we affirm the judgment of the post-conviction court.
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:Steve R. Dozier |
Davidson County | Court of Criminal Appeals | 09/20/00 | |
| E1999-01909-R3-CV
E1999-01909-R3-CV
Originating Judge:James B. Scott, Jr. |
Anderson County | Court of Appeals | 09/20/00 | |
| State vs. Kenneth Sisco
M2000-00036-CCA-R3-CD
The Defendant pleaded guilty to the offense of robbery. His plea agreement provided that he would be sentenced as a Range II multiple offender, with the length of the sentence to be determined by the trial judge. Following a sentencing hearing, the judge sentenced him to ten years in the Department of Correction. On appeal, the Defendant argues that the trial judge erred by setting his sentence at ten years. We affirm the judgment of the trial court.
Authoring Judge: Judge David H. Welles
Originating Judge:Steve R. Dozier |
Davidson County | Court of Criminal Appeals | 09/20/00 | |
| Scott Yother vs. Laine Yother
E2000-01046-COA-R3-CV
In this post-divorce case, Elaine Hines Yother ("Mother") appeals from an order awarding primary residential custody of the parties' minor child, Avery Raechelle Yother (DOB: April 2, 1995), to the child's father, Scott Christopher Yother ("Father"). Mother argues (1) that the trial court lacked subject matter jurisdiction to modify the custodial arrangement decreed in the parties' divorce judgment; and, alternatively, (2) that the evidence preponderates against the trial court's judgment changing custody. Because we find that the trial court lacked subject matter jurisdiction to address the issue of custody, we reverse the judgment below.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Jacqueline E. Schulten |
Hamilton County | Court of Appeals | 09/20/00 | |
| State vs. ThomasLawrence and Joseph Hatton
M2000-00493-CCA-R3-CD
The appellant, Thomas Lawrence, was convicted by a jury in the Marshall County Criminal Court of one count of possession of cocaine with intent to sell, a class C felony, and one count of possession of drug paraphernalia, a class A misdemeanor. The trial court sentenced Lawrence, as a Range II offender, to eight years incarceration in the Tennessee Department of Correction for the possession of crack cocaine conviction and assessed a $2000 fine. The trial court further sentenced Lawrence to eleven months incarceration in the Marshall County Jail for the possession of drug paraphernalia conviction. The trial court ordered Lawrence to serve these sentences concurrently. The appellant, Joseph Hatton, was convicted by a jury in the Marshall County Criminal Court of two counts of selling crack cocaine, a class C felony, one count of possession of crack cocaine with the intent to sell, a class C felony, and one count of possession of drug paraphernalia, a class A misdemeanor. The trial court sentenced Hatton, as a Range I offender, to four years incarceration in the Tennessee Department of Correction for each sale of crack cocaine conviction and four years incarceration for the possession of crack cocaine with the intent to sell conviction. The court assessed a total of $4250 in fines. The trial court further ordered Hatton to serve his sentences for selling crack cocaine concurrently with each other but consecutive to the sentence for possession of crack cocaine with the intent to sell.
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:W. Charles Lee |
Marshall County | Court of Criminal Appeals | 09/20/00 | |
| Cunningham vs. Cunningham
W1999-02054-COA-R3-CV
This appeal involves a divorce after seven years of marriage. The trial court granted the wife a divorce, divided the property, awarded the wife rehabilitative alimony and alimony in solido, awarded child support for the parties' minor child, established an educational trust fund, and ordered the husband to maintain life insurance for so long as he is obligated to pay child support. On appeal, husband takes issue with all of the above and also raises the constitutionality of the child support guidelines. In addition, wife takes issue with the failure of the trial court to award her litigation expenses. We have determined that the trial court's judgment should be affirmed in part, reversed in part and remanded.
Authoring Judge: Judge David R. Farmer
Originating Judge:Joe C. Morris |
Madison County | Court of Appeals | 09/20/00 | |
| The Pointe vs. Lake Mgmt.
W2000-00211-COA-R3-CV
This appeal arises from a declaratory judgment action to determine rights in a privately-owned lake. Plaintiffs purchased land adjacent to the artificially-created lake for the purpose of developing residential lots. Subsequent to the sale of the property, Plaintiffs' grantor conveyed title to the lake to Defendant. Defendant claims it has the right to control use of the lake and that Plaintiffs have no right to lake access without Defendant's permission. The trial court granted Defendant's motion for summary judgment on the grounds that: (1) the lake is unnavigable, and no riparian rights can therefore flow to adjoining landowners; (2) the Defendant, as owner of the land subjacent to the lake, has a right to the unimpeded use and control of the property; and (3) any use of the lake by the adjoining property owners without Defendant's consent would constitute a trespass. Plaintiffs appeal.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Walter L. Evans |
Shelby County | Court of Appeals | 09/20/00 | |
| State of Tennessee v. Michael Brady
II-798-239-A
Originating Judge:Timothy L. Easter |
Williamson County | Court of Criminal Appeals | 09/20/00 |