APPELLATE COURT OPINIONS

Wagner vs. Gaston

01A01-9804-CV-00215

Originating Judge:Patricia J. Cottrell
Sequatchie County Court of Appeals 09/29/99
Davis vs. Computer Maintenance Svc.

01A01-9809-CV-00459

Originating Judge:Walter C. Kurtz
Davidson County Court of Appeals 09/29/99
Opryland Hotel vs. Millbrook Distribution Svcs.

01A01-9810-CH-00551

Originating Judge:Carol L. Mccoy
Davidson County Court of Appeals 09/29/99
01A01-9809-CH-00504

01A01-9809-CH-00504

Originating Judge:Carol L. Mccoy
Davidson County Court of Appeals 09/29/99
Hulshof vs. Hulshof

01A01-9806-CH-00339

Originating Judge:Patricia J. Cottrell
Marshall County Court of Appeals 09/29/99
State vs. Glen Porter

03C01-9808-CR-00294
McMinn County Court of Criminal Appeals 09/29/99
State vs. Teresa Everett

E1999-02647-CCA-R3-CD
Following a trial on September 28, 1998, a Loudon County jury convicted Teresa Everett, the defendant and appellant, of attempt to commit second-degree murder. The trial court subsequently sentenced her to serve fifteen (15) years in the Tennessee Department of Corrections. The defendant presents the following issues on appeal (1) Whether the evidence was sufficient to convict her; (2)Whether the trial court erred by allowing improper impeachment; (3) Whether the trial court erred by allowing a lay-witness to testify to his opinion; (4) Whether the trial court erred by allowing the state to introduce character evidence; (5) Whether the state's closing arguments were improper; and (6) Whether the defendant should be granted a new trial based on newly discovered evidence. Although the evidence is sufficient to support the verdict, we find the cumulative effect of all the remaining errors deprived the defendant of a fair trial. Accordingly, we reverse the judgment of the trial court and remand the case for a new trial.
Authoring Judge: Judge Jerry Smith
Originating Judge:E. Eugene Eblen
Loudon County Court of Criminal Appeals 09/29/99
Eldridge vs. Eldridge

01A01-9808-CV-00451

Originating Judge:Thomas Goodall
Sumner County Court of Appeals 09/29/99
Drake vs. Manson, et al

01A01-9810-CV-00525

Originating Judge:Bobby H. Capers
Wilson County Court of Appeals 09/29/99
Nickelson vs. Sumner Co. Bd. of Ed.

01A01-9807-CV-00375

Originating Judge:Patricia J. Cottrell
Sumner County Court of Appeals 09/29/99
Jo Ann Forman, Inc. et al vs. Nat'l Council on Compensation

01A01-9805-CH-00260

Originating Judge:Thomas A. Greer, Jr.
Marion County Court of Appeals 09/29/99
Eldridge vs. Eldridge

01A01-9808-CV-00451
Sumner County Court of Appeals 09/29/99
Rocky Hipps vs. State

03C01-9807-CC-00237

Originating Judge:D. Kelly Thomas, Jr.
Blount County Court of Criminal Appeals 09/28/99
State vs. Timothy V. Bowling

03C01-9805-CR-00167

Originating Judge:Lynn W. Brown
Washington County Court of Criminal Appeals 09/28/99
State vs. James David Shropshire

E1998-00872-CCA-R3-CD
In March 1996, James David Shropshire, the defendant and appellant, was convicted in the Knox County Criminal Court of aggravated sexual battery and simple assault. Following the jury's verdict, the trial court dismissed the simple assault charge. On appeal, the defendant challenges his conviction for aggravated sexual battery. He raises the following issues: (1) whether the evidence was sufficient to support the conviction; (2) whether a variance between the bill of particulars and the proof adduced at trial was fatal; (3) whether the defendant's conviction violated the double jeopardy clauses of the United States and Tennessee Constitutions; (4) whether the state made improper closing arguments; and (5) whether the trial court erred in allowing the state to introduce evidence that the defendant had committed prior bad acts. Because the jury heard evidence that the defendant committed a crime other than that for which he was on trial, which was the subject of an acquittal, the judgment of the trial court is reversed.
Authoring Judge: Judge Jerry Smith
Originating Judge:Richard R. Baumgartner
Knox County Court of Criminal Appeals 09/28/99
Alfonzo T. Peck vs. State

03C01-9809-CR-00329

Originating Judge:Douglas A. Meyer
Hamilton County Court of Criminal Appeals 09/28/99
Doe vs. Sundquist

01S01-9901-CV-00006
Supreme Court 09/27/99
State vs. Cedron Orgain

01C01-9808-CC-00334

Originating Judge:Robert W. Wedemeyer
Montgomery County Court of Criminal Appeals 09/27/99
State vs. James Cannon

03C01-9808-CR-00272

Originating Judge:Stephen M. Bevil
Hamilton County Court of Criminal Appeals 09/27/99
State vs. Fred W. Kincaid, Jr.

03C01-9707-CR-00306

Originating Judge:D. Kelly Thomas, Jr.
Blount County Court of Criminal Appeals 09/27/99
Doe vs. Sundquist

01S01-9901-CV-00006
Supreme Court 09/27/99
Mulheim vs. Knox Co. Board of Education

03S01-9808-CH-00089
Knox County Supreme Court 09/27/99
State vs. James Oakley

03C01-9808-CR-00297
Knox County Court of Criminal Appeals 09/27/99
State vs. Fred W. Kincaid, Jr.

03C01-9707-CR-00306

Originating Judge:D. Kelly Thomas, Jr.
Blount County Court of Appeals 09/27/99
State vs. Bruce Edward Rochefort

01C01-9902-CR-00029
DeKalb County Court of Criminal Appeals 09/27/99