APPELLATE COURT OPINIONS

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State of Tennessee v. Paul Flannigan

W2001-00907-CCA-R3-CD
The defendant, Paul Flannigan, was convicted by a Shelby County jury of one count of attempted first degree murder, two counts of especially aggravated robbery, three counts of aggravated rape, and one count of aggravated burglary. He received an effective sentence of 125 years. He appeals, raising two points: (1) there was insufficient proof to support his convictions, and (2) his sentences are excessive. We reverse one conviction for aggravated rape and remand that charge for a new trial; we modify some of the judgments for an effective sentence of 93 years; we affirm in all other respects.
Authoring Judge: Judge Joe G. Riley
Originating Judge:Judge Arthur T. Bennett
Shelby County Court of Criminal Appeals 02/15/02
James Gunter v. Tim Emerton

M2001-00364-COA-R3-CV
In this action against a police officer for invasion of privacy by placing the plaintiff in false light the trial court granted summary judgment to the defendant. On appeal, the plaintiff claims that the trial judge erred by granting summary judgment on a defense not raised by the defendant. We affirm.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:John J. Maddux
Overton County Court of Appeals 02/15/02
State of Tennessee v. Annetta Bell

M2001-00771–CCA-R3-CD

The defendant, Annetta Bell, was convicted after a bench trial of theft of property having a value less than $500.00. The trial court imposed a sentence of 11 months and 29 days. All but six months was suspended. In this appeal as of right, the defendant contends that the evidence was insufficient to support her conviction.

Authoring Judge: Presiding Judge Gary R. Wade
Originating Judge:Judge Donald P. Harris
Williamson County Court of Criminal Appeals 02/15/02
Jo Anne Silverman v. Krsna, Inc.

M2001-01921-COA-R9-CV-

Originating Judge:Hamilton V. Gayden, Jr.
Davidson County Court of Appeals 02/15/02
Perr Y M Ar Ch v. Law Renc E Levine,

M2000-02955-COA-R3-CV

Originating Judge:Frank G. Clement, Jr.
Davidson County Court of Appeals 02/15/02
State of Tennessee v. Thaddeus Morris

W2001-01691-CCA-R3-CD

The defendant, Thaddeus Morris, was convicted of three counts of assault, three counts of reckless aggravated assault, one count of aggravated robbery, and one count of carjacking following a jury trial. The trial court merged the three assault convictions with the three reckless aggravated assault convictions and the aggravated robbery conviction with the carjacking conviction. The defendant was sentenced to seven years, six months for each of the reckless aggravated assault convictions, with two of the sentences to be served concurrently and the third to be served consecutively. For the carjacking conviction, the trial court sentenced the defendant to twelve years to be served consecutively to the third reckless aggravated assault sentence, for an effective sentence of twenty-seven years in the Department of Correction. On appeal, the defendant argues: (1) the evidence was insufficient to support his convictions for carjacking and aggravated robbery; (2) the trial court erred by not including "moral certainty" in its jury instruction on reasonable doubt; (3) cumulative error occurred during the trial; and (4) the trial court erred in imposing consecutive sentencing. After a careful review of the record, we affirm the judgment of the trial court.

Authoring Judge: Judge Alan E. Glenn
Originating Judge:Judge Chris B. Craft
Shelby County Court of Criminal Appeals 02/15/02
Nashville Sash & Door . v. TriStar Builders

M2001-01160-COA-R3-CV
In this case Nashville Sash and Door, Inc. sued Tristar Builders, Inc. and its two stockholders, Robert J. Ivy and Richard L. Cammeron on a debt arising from credit extended under an application of credit. At the conclusion of the plaintiff's proof the trial judge granted the defendants motion under Rule 41 of the Tennessee Rules of Civil Procedure and dismissed the complaint. Nashville Sash and Door, Inc. has appealed that decision. We affirm the Trial Court.
Authoring Judge: Chancellor Jeffrey F. Stewart
Originating Judge:Walter C. Kurtz
Davidson County Court of Appeals 02/15/02
Southwest Williamson County Community Assoc. v. J. Bruce Saltsman

M2001-00654-COA-R3-CV
A group of Williamson County residents whose property was threatened by highway construction filed a Petition for a Declaratory Order against the Tennessee Department of Transportation. They argued that the Department violated the statute that authorized the project by not complying with the environmental standards for construction of an interstate highway. The Administrative Law Judge denied the petition, and the trial court affirmed the ALJ. We affirm the trial court.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Irvin H. Kilcrease, Jr.
Williamson County Court of Appeals 02/15/02
Clint Lowe v. Wal-Mart Stores, Inc.

M2001-00513-WC-R3-CV
After being informed by his employer that he could see no more physicians, the plaintiff nevertheless sought additional treatment for a neck injury which resulted in a surgical correction. The trial judgment ordered these unauthorized expenses to be paid by the employer. We affirm.
Authoring Judge: William H. Inman, Sr. J.
Originating Judge:Ellen Hobbs Lyle, Chancellor
Davidson County Workers Compensation Panel 02/15/02
State of Tennessee v. Greg Stewart

M2001-01056-CCA-R3-CD

Pursuant to a bench trial, the appellant, Greg Stewart, was convicted of two counts of simple possession of a controlled substance. The trial court sentenced the appellant to two concurrent terms of eleven months and twenty-nine days incarceration in the Coffee County Jail. On appeal, the appellant contests the trial court's denial of his motion to suppress the drug evidence due to the lack of proper consent to the search. Upon review of the record and the parties' briefs, we affirm the judgment of the trial court.

Authoring Judge: Judge Norma McGee Ogle
Originating Judge:Judge John W. Rollins
Coffee County Court of Criminal Appeals 02/15/02
Perry March v. Lawrence Levine, et al

M2000-01955-COA-R3-CV
Authoring Judge: Judge William B. Cain
Originating Judge:Frank G. Clement, Jr.
Davidson County Court of Appeals 02/15/02
Betty Louise Moss v. Findlay Industries, Inc.

M2000-02632-WC-R3-CV
The trial court awarded benefits for vocational impairment of 55 percent to each of the plaintiff's arms. The defendant insists that the award is excessive, because the anatomical rating was only 1 percent, as a result of carpal tunnel release. The judgment is affirmed.
Authoring Judge: William H. Inman, Sr. J.
Originating Judge:Charles D. Haston, Judge
Warren County Workers Compensation Panel 02/15/02
State of Tennessee v. Michael D. Wright

M2001-00793-CCA-R3-CD

In this appeal, Defendant raises the following issues: (1) whether the trial court incorrectly applied two enhancement factors, thereby causing his sentences to be excessive, and (2) whether the trial court erred by ordering that certain of his sentences run consecutively. Following a thorough review of the record, we affirm the judgment of the trial court.

Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Judge Timothy L. Easter
Williamson County Court of Criminal Appeals 02/14/02
Doug Jones vs. Eddie Gillette, Sr., et al

E2001-01499-COA-R3-CV
The defendants/appellants, Eddie Gillette, Sr., and Vivian Gillette, the maternal grandparents of A.B.J., contend that the trial court abused its discretion when it granted custody of A.B.J. to her father, the plaintiff/appellee, Doug Jones. The Gillettes further contend that the trial court abused its discretion when it denied their oral motion to stay enforcement of its judgment pending appeal and when it denied their oral motion to award them visitation pending appeal. We affirm the judgment of the trial court.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Samuel H. Payne
Hamilton County Court of Appeals 02/14/02
Cox Oil vs. Lexington Beer Bd.

W2001-01489-COA-R3-CV
This is an action challenging the denial of a beer permit. The plaintiff business applied for a beer permit with the defendant beer board. The board denied the permit because plaintiff's location was within 500 feet of a church. This proximity to a church was in violation of a city ordinance. The plaintiff filed a writ of certiorari in the trial court, seeking a reversal of the board's decision because the 500-feet ordinance had been applied in a discriminatory manner. The trial court found that the board had allowed another establishment that was within 500 feet of a church to maintain its beer permit, and concluded that the board had therefore applied the ordinance in a discriminatory manner. Consequently, the denial of the plaintiff's beer permit was reversed. The board now appeals that order. We affirm, finding that the board had applied the ordinance in a discriminatory manner, and that the trial court did not err in reversing the denial of the plaintiff's beer permit.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Joe C. Morris
Henderson County Court of Appeals 02/14/02
State of Tennessee v. Jerry McPeak, IV

W2001-00764-CCA-R3-CD
The Appellant, Jerry McPeak, IV, was convicted by a Madison County jury of aggravated robbery. On appeal, McPeak raises the following issues for our review: (1) Whether the evidence was sufficient to establish that the victim suffered serious bodily injury; (2) whether the evidence was sufficient to establish that the assault occurred during the act of robbery; and (3) whether McPeak was convicted solely upon the uncorroborated testimony of an accomplice. After review, we find the issues raised to be without merit and affirm the judgment of the trial court.
Authoring Judge: Judge David G. Hayes
Originating Judge:Judge Roy B. Morgan, Jr.
Madison County Court of Criminal Appeals 02/14/02
Gloria Snow-Koledoye vs. Horace Mann Ins. Co.

M2000-02954-COA-R3-CV
This case involves a settlement of an insurance claim under the comprehensive coverage of an automobile insurance policy. Wife, named insured in the policy, sued the insurance company for breach of contract in delivering to husband a settlement check made jointly payable to wife and her husband, after husband apparently negotiated the check. Wife amended her complaint to name her ex-husband as an additional defendant, and he filed an answer to the complaint. In a nonjury trial, the trial court entered judgment for plaintiff-wife against the insurance company. Insurance company appealed. We vacate.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Walter C. Kurtz
Davidson County Court of Appeals 02/14/02
Karen Mountjoy vs. City of Chattanooga

E2001-02017-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Howell N. Peoples
Hamilton County Court of Appeals 02/14/02
State of Tennessee v. Willie G. Lofton

W2001-00780-CCA-R3-CD

Defendant, Willie G. Lofton, appeals his conviction for driving under the influence. Defendant claims that the trial court erred by refusing to instruct the jury as to the offense of driving while impaired as a lesser included of driving under the influence. We affirm the judgment of the trial court.

Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Judge Roger A. Page
Madison County Court of Criminal Appeals 02/14/02
Arfken & Associates, P.A. vs. Simpson Bridge Company, Inc.

E2000-02780-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Jerri S. Bryant
Bradley County Court of Appeals 02/14/02
Janet Goodart vs. Kamalin Kazmar-Grice

M2001-00663-COA-R3-CV
Former wife and children of decedent sued in the chancery court to enroll a foreign decree of divorce and, inter alia, to impose a constructive trust on proceeds of a Servicemen's Group Life Insurance policy payable to the decedent widow after the decedent prior to his death changed the policy beneficiary contrary to a marital dissolution agreement and final decree of divorce. The trial court granted summary judgment in favor of decedent widow. Former wife appealed. We affirm.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Leonard W. Martin
Stewart County Court of Appeals 02/14/02
Karen Mountjoy vs. City of Chattanooga

E2001-02017-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Howell N. Peoples
Hamilton County Court of Appeals 02/14/02
Ray C. Hall v. TN. Workers Credit Union

M2001-01346-COA-R3-CV
Husband and Wife obtained a loan from a credit union and pledged their home as security for the note under a Deed of Trust. The Deed of Trust required Husband and Wife to maintain property taxes and insurance on the property. The credit union foreclosed on the property after Husband and Wife continuously failed to maintain the taxes and insurance. Husband and Wife filed suit against the credit union, arguing that the agreement between the parties did not provide the remedy of foreclosure for mere nonpayment of taxes and insurance. The trial court granted summary judgment for the credit union. Because we find that the agreement between the parties provides the remedy of foreclosure for breach of any promise made under the agreement, including the promise to pay property taxes and insurance, we find that the trial court was correct in granting summary judgment for the credit union and affirm that decision.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Ellen Hobbs Lyle
Davidson County Court of Appeals 02/14/02
Arfken & Associates, P.A. vs. Simpson Bridge Company, Inc.

E2000-02780-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Jerri S. Bryant
Bradley County Court of Appeals 02/14/02
State of Tennessee v. Darrell S. Miller

W2000-01306-CCA-R3-CD

The appellant, Darrell S. Miller, was convicted by a jury in the Benton County Circuit Court of two counts of possessing controlled substances with intent to manufacture, sell, or deliver, and one count of possession of drug paraphernalia. The trial court sentenced the appellant to a total effective sentence of eight years incarceration in the Tennessee Department of Correction, suspending all but one year and placing the appellant in a community corrections program for the remainder. On appeal, the appellant raises the following issues for our review: (1) whether the trial court properly admitted drug exhibits; (2) whether the trial court erred in permitting the testimony of Stacy Mumper regarding a prior transaction between the appellant and Mumper's companion; (3) whether the evidence was sufficient to sustain his convictions; (4) whether the trial court approved the verdict as thirteenth juror; and (5) whether the trial court erred in failing to grant a new trial when the appellant produced sworn affidavits that Brenda Wynn perjured herself on the witness stand. 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:Judge Julian P. Guinn
Benton County Court of Criminal Appeals 02/14/02