APPELLATE COURT OPINIONS

Petitioner, Ivan Moreno, a/k/a Fernando Fileto a/k/a/ Roberto Lepe-Cervantes, pled guilty to felony murder, aggravated rape, and especially aggravated robbery. Petitioner received an effective sentence of life in prison without the possibility of parole. Petitioner then filed a pro se petition for post-conviction relief claiming ineffective assistance of counsel and an involuntary guilty plea. After a hearing, the post-conviction court denied relief. Petitioner seeks a review of the post-conviction court's decision. Because Petitioner has failed to prove that his guilty plea was involuntary or that he received ineffective assistance of counsel, we affirm the judgment of the post-conviction court.

The Department of Children's Services petitioned the Court to terminate the parental rights of both parents to the minor children. Following trial, the trial judge ruled that grounds to terminate the parental rights by clear and convincing evidence existed, as well as clear and convincing evidence that it was in the children's best interest to terminate the parental rights of the parents. The parents have appealed and we affirm the Judgment of the trial court.

We granted permission to appeal in this case to address the standard of care that applies to a physician assistant in a medical malpractice case. The plaintiff sued for injuries she allegedly suffered as a result of physician assistant Michael Maddox's failure to diagnose her condition accurately. The plaintiff did not sue Maddox, but sued the clinic which he owned and in which he practiced and Dr. Austin Adams, Maddox's supervising physician. The defendants filed a joint motion for summary judgment, supported by their testimony that (1) Maddox did not violate the standard of care applicable to physician assistants and (2) Dr. Adams did not violate the standard of care applicable to physicians. The plaintiff responded with her cardiologist's testimony that Maddox violated the standard of care applicable to primary care physicians. The cardiologist testified that he was not familiar with physician assistants or their supervision. The trial court granted the defendants' motion for summary judgment on the basis that the plaintiff had failed to establish that Maddox violated the professional standard of care applicable to him. The Court of Appeals reversed the trial court, holding that the standard of care applicable to physician assistants is the same as that applicable to physicians. We reverse the Court of Appeals and hold that the standard of care applicable to physician assistants is distinct from that applicable to physicians. The trial court's summary judgment in favor of the defendants is reinstated, and the case is dismissed.

The defendant, Robin Lynn Cooper, was convicted of attempted second degree murder, a Class B felony; rape, a Class B felony; aggravated rape, a Class A felony; especially aggravated kidnapping, a Class A felony; and three counts of aggravated kidnapping, a Class B felony. The convictions for the Class B felony kidnappings were merged into one count. The defendant was sentenced to life without parole as a repeat violent offender for the rape, aggravated rape, especially aggravated kidnapping, and three convictions of aggravated kidnapping and to a concurrent sentence of twelve years at thirty percent for attempted second degree murder. On appeal, he argues that: the evidence was insufficient to support his convictions; the trial court erred in admitting evidence; the trial court abused its discretion when it failed to grant a continuance; and the presence of his parole officer's folder on the witness stand violated a court order that the State could not mention that he was on parole. After careful review, we affirm the judgments from the trial court.

Petitioner, Courtney Means, appeals the dismissal of his petition for post-conviction relief in which he alleged that his trial counsel rendered ineffective assistance of counsel. Specifically, Petitioner contends that (1) the search of his car and seizure of a gun was unconstitutional; (2) counsel failed to file a motion to suppress the victim's identification; (3) counsel failed to file a motion to suppress his statement to police; and (4) the introduction of a gun into evidence with a different serial number than the gun that was found in his vehicle violated his due process rights. After a thorough review of the record, we conclude that Petitioner has failed to show that his trial counsel rendered ineffective assistance of counsel, and we accordingly affirm the judgment of the post-conviction court.

An Anderson County jury convicted the defendant, Jerry Orlando Weaver, of two counts of facilitation of possession of less than one-half gram of cocaine for sale or delivery, Class D felonies. The trial court sentenced the defendant as a career offender to twelve years for each count, to be served consecutively in the Tennessee Department of Correction. On appeal, the defendant argues that the trial court erred in sentencing him as a career offender and in imposing consecutive sentences. Following our review of the record, the parties' briefs, and the applicable law, we conclude that the defendant failed to timely file his notice of appeal and that his claims do not warrant consideration in the "interest of justice." Therefore, we dismiss his appeal.

These workers’ compensation appeals were consolidated for hearing and disposition by order dated May 27, 2009. The employee, Larry Beshires, settled a claim for work-related injuries to his left knee and right shoulder, based upon the two and one-half times impairment cap in Tennessee Code Annotated section 50-6-241(a)(1). The settlement was approved by the Chancery Court of Fayette County. Mr. Beshires subsequently sustained a second injury, or aggravation of the previous injury, to his shoulder. He returned to work for a time, but then retired. He filed suit in the Chester County Chancery Court, seeking benefits for the new injury or, alternatively, reconsideration of his prior settlement. The reconsideration action was transferred to the Chancery Court of Fayette County. After a hearing on the merits, the Fayette County court declined to award additional benefits. The Chester County court awarded 48% permanent partial disability to the body as a whole for the later injury. Both sides have appealed, and the appeals have been consolidated by order of the Supreme Court. Mr. Beshires contends that 1 the Fayette County court erred by failing to award additional 1 Pursuant to Tennessee Supreme Court Rule 51, they were then referred to the Special Workers’ (continued...) benefits. The employer contends that the Chester County court did not have subject matter jurisdiction, because the benefit review conference process had not been exhausted. We affirm both judgments.

The petitioner, Eric P. Lumpkin, appeals the post-conviction court's denial of his petition for post-conviction relief. He argues that the post-conviction court erred in finding that he received the effective assistance of appellate counsel. After review, we affirm the denial of the petition.

This case involves a contract for the sale of real property and a subsequent verbal agreement. The trial court found that the seller breached the contract. We reverse and remand.

The petitioner, Joe Marvin Ellison, appeals the post-conviction court's denial of his petition for post-conviction relief, arguing he received the ineffective assistance of counsel which caused him to enter unknowing and involuntary guilty pleas. After review, we affirm the denial of the petition.

The Defendant, Donovan Michael Munroe, appeals from his jury convictions in the Sullivan County Criminal Court for attempted second degree murder, possession of .5 grams or more of cocaine with the intent to sell, both Class B felonies, possession of oxycodone with the intent to sell, a Class C felony, and maintaining a dwelling where drugs are sold, a Class D felony. The trial court imposed Range I sentences of twelve years, eight years, three years, and two years, respectively; the trial court also ordered the sentences for the drug-related offenses to be served concurrently with one another and on supervised probation, but consecutively to the twelve-year sentence of incarceration for attempted second degree murder. In this appeal as of right, the Defendant contends that (1) the trial court erred in denying his motion to suppress evidence, (2) the trial court erred in admitting evidence seized in Virginia, (3) the trial court improperly limited the examination of witnesses, (4) the State committed prosecutorial misconduct in its closing arguments, (5) the trial court imposed an excessive sentence, and (6) the cumulative effect of these errors deprived the Defendant of due process and a fair trial. Following our review, we conclude that the fines imposed were excessive and order them modified consistent with this opinion. Accordingly, the judgments of the trial court are affirmed in part, reversed in part, and the case is remanded.

In this divorce case following a twenty-one year marriage, the trial court designated Barbara Covington ("Wife") as primary residential parent, distributed the marital property, and awarded Wife transitional alimony. Robert Covington ("Husband") appeals claiming the trial court incorrectly determined that the entire amount of each party's pension was separate property. Husband also appeals the award of transitional alimony, claiming that both the amount and the length of time he was ordered to make payments were excessive. Wife claims she should have been awarded rehabilitative alimony after the transitional alimony ended. We hold that the trial court incorrectly classified as separate property those portions of the parties' pensions earned during the marriage. We also conclude, however, that the overall property division nevertheless was equitable, and so we find the error to be harmless. We agree with Husband that the amount of transitional alimony awarded was excessive and modify the award. As so modified, the judgment of the trial court is affirmed.

The Defendant, Bobby Dwaine England, pled guilty in the Cumberland County Criminal Court to two counts of aggravated vehicular homicide, a Class A felony, with the sentence to be determined by the trial court. Following a sentencing hearing, the trial court imposed consecutive sentences of twenty-four years as a Range I, standard offender, for a total effective sentence of forty-eight years. In this appeal as of right, the Defendant contends that the trial court imposed an excessive sentence both in length and manner of service. Following our review, we affirm the judgments of the trial court.

TN Claims Commission - This is an appeal from the Tennessee Claims Commission. The Commission dismissed the appellant's claim pursuant to Tennessee Code Annotated section 9-8-402(b) for failure to prosecute. In its order, the Commission also denied a motion to transfer the claim to the Wayne County Circuit Court for consolidation with a companion case. We affirm.

A jury convicted the defendant, Manuel Haynes, of two counts of aggravated robbery, Class B felonies. The trial court sentenced him as a Range II multiple offender to serve an effective sentence of thirty-five years in the Tennessee Department of Correction, twenty years for the first count consecutive to fifteen years for the second count. On appeal, the defendant argues that (1) the evidence was insufficient to support his convictions; (2) the trial court erred in its application of enhancement factors when sentencing the defendant on the first count; (3) the trial court erred by imposing consecutive sentences; (4) the trial court erred by failing to re-read portions of the jury instructions; (5) the trial court erred by failing to grant a new trial based on the intoxication of a juror. Following our review, we affirm the judgments of the trial court.

Hartford Underwriters Insurance Co. ("Hartford") filed this suit against Dale Penney, d/b/a DLP Construction Co. ("Mr. Penney"), seeking compensation for additional workers' compensation insurance premiums, as well as court costs and service of process fees. The trial court awarded judgment in favor of Hartford for $12,316 plus costs. Hartford subsequently filed a motion seeking pre-judgment interest, which was granted after a hearing resulting in an additional award of $4,823.77. Mr. Penney appeals. We affirm in part, vacate in part and remand to the trial court for further proceedings consistent with this opinion.

Following a jury trial, the defendant, Brent Richardson, was convicted of first degree felony murder, second degree murder, carjacking, aggravated robbery, aggravated burglary, aggravated assault, and aggravated kidnapping. The trial court merged the second degree murder conviction with the felony murder conviction and sentenced the defendant to an effective term of life plus forty-four years in the Department of Correction. On appeal, the defendant argues that the trial court erred in allowing the State to amend two counts of the indictment after the jury had been sworn and that the evidence was insufficient to support his convictions. Based upon our review, we affirm the judgments of the trial court.

The Defendant-Appellant, Dennis Ray Bailey, was convicted by a jury in the Circuit Court of Dickson County of driving under the influence, second offense, a Class A misdemeanor. He was sentenced to eleven months and twenty-nine days, suspended after serving 45 days in confinement, and ordered to pay a $600 fine. Bailey claims on appeal that he was denied a fair trial due to prosecutorial misconduct. Upon review, we affirm the judgment of the trial court.

Appellant, Jesse B. Gilliland, was arrested at the Cool Springs Mall in Franklin, Tennessee for videotaping underneath women's skirts. Officers obtained a search warrant and while conducting the search, discovered marijuana. The Williamson County Grand Jury indicted Appellant for one count of possession of marijuana weighing less than a half of an ounce. Appellant filed a motion to suppress based on lack of probable cause for the search warrant. The trial court denied the motion. Appellant entered a negotiated plea to the marijuana charge with a sentence of eleven months and twenty-nine days. As part of his plea agreement, Appellant reserved a certified question arguing that there was not probable cause to support the search warrant because the facts as alleged, of Appellant photographing underneath women's skirts in a public place, did not constitute a crime. On appeal, the State concedes that the facts as presented do not actually constitute crime under our State's current statutory scheme. Therefore, we must reverse trial court's judgment, order that the evidence found as a result of the execution of the search warrant be suppressed, and remand for further proceedings consistent with this opinion.

Petitioner, Donald Clark, appeals the trial court's denial of his petition for writ of habeas corpus. The State has filed a motion pursuant to Rule 20, Rules of the Court of Criminal Appeals of Tennessee, for this Court to affirm the judgment of the trial court by memorandum opinion. We grant the motion and affirm the judgment of the trial court.

This appeal arises from the dismissal of an ex parte order of protection filed by Wife. After finding that Wife failed to prove the allegations in the petition by a preponderance of the evidence, the trial court dismissed the order of protection and assessed the costs against Wife. Wife appeals. We reverse.

Appellant, Patty Sue Lawrence, was convicted of two counts of prostitution, a Class B misdemeanor, and one count of submitting a false police report, a Class D felony. The trial court ordered an effective sentence of three years in custody. She appeals, challenging the sufficiency of the evidence and the trial court's denial of alternative sentencing. We affirm.