APPELLATE COURT OPINIONS

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Joseph Turley vs. Francis P. Marino, et al

M2000-01684-COA-R3-CD
Appellant, Joseph Turley, was charged with two counts of criminal contempt by the trial court in an order issued May 3, 2000. The trial court appointed a special prosecutor to pursue this matter and appointed the public defender to represent the appellant. The trial on June 15, 2000 resulted in a trial court finding of guilty, after which the appellant was sentenced to 48 hours in jail. Turley appeals, and we affirm the judgment of the trial court.
Authoring Judge: Judge William B. Cain
Originating Judge:Walter C. Kurtz
Davidson County Court of Appeals 03/14/01
Arthur Armstrong, a/k/a Haki Al-Bey vs. Dept. of Correction, et al

M2000-02328-COA-R3-CV
An inmate who was found guilty of three disciplinary infractions challenged those convictions by filing a Petition for Writ of Certiorari. The trial court dismissed the Petition. We affirm the trial court.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Ellen Hobbs Lyle
Davidson County Court of Appeals 03/14/01
LaKreasha Kimble v. State of Tennessee

W2000-00715-CCA-R3-PC

This is an appeal of a denial of post-conviction relief. The petitioner and two codefendants were each convicted of murder in the perpetration of robbery and of especially aggravated robbery for the robbery and killing of a man who had given them a ride in his car. The petitioner appealed her convictions to the post-conviction court, arguing, inter alia, that her counsel provided ineffective assistance by his failure to petition for a severance of trial from her codefendants. The post-conviction court denied relief, finding the petitioner's claims to be without merit. Based upon a thorough review, we affirm the post-conviction court's denial of relief.

Authoring Judge: Judge Alan E. Glenn
Originating Judge:Judge Joseph B. Dailey
Shelby County Court of Criminal Appeals 03/14/01
Daniel Taylor v. Donal Campbell, et al.

M2000-02843-COA-R3-CV
On July 3, 2000, Appellant filed his civil complaint based upon punishment imposed for a disciplinary infraction while a prisoner at Turney Center in Only, Tennessee. On July 18, 2000, the trial judge, sua sponte, dismissed the complaint, and this appeal followed. We affirm the trial court.
Authoring Judge: Judge William B. Cain
Originating Judge:Hamilton V. Gayden, Jr.
Davidson County Court of Appeals 03/14/01
Betty J. Nash vs. G.L. Waynick

M2000-02096-COA-R3-CV
This appeal involves a dispute over the sale of a single family home in DeKalb County. The purchaser filed suit in the Circuit Court for DeKalb County alleging that the seller had violated the Tennessee Consumer Protection Act and the Tennessee Residential Property Disclosures Act. More than two years after the first two summonses were returned unserved, the purchaser caused a third summons to be issued that was served on the seller. The trial court entered a $27,000 default judgment against the seller on June 21, 2000, after concluding that the seller had been properly served and had presented no defenses to the purchaser's claims. On this appeal, the seller, who has been representing himself throughout these proceedings, asserts that he did not violate either the Tennessee Consumer Protection Act or the Tennessee Residential Property Disclosure Act and that the trial court erred by not considering his statute of limitations defense. We have determined that the purchaser's suit is time-barred for failure to comply with Tenn. R. Civ. P. 3. Therefore, we reverse the judgment and remand the case with directions that the purchaser's complaint be dismissed.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:John J. Maddux
DeKalb County Court of Appeals 03/14/01
State of Tennessee v. Richard Crawford

W2000-00335-CCA-R3-CD

Defendant, Richard Crawford, was convicted at a bench trial of theft of a motor vehicle valued over $10,000. On appeal, the defendant raises the following two issues for our review: (1) whether the evidence was sufficient to support his conviction for theft; and (2) whether the value of the vehicle was properly established. The judgment of the Shelby County Criminal Court is affirmed.

Authoring Judge: Judge Joe G. Riley
Originating Judge:Judge W. Otis Higgs, Jr.
Shelby County Court of Criminal Appeals 03/14/01
Dr. Robert Emans v. Board of Regents

M2000-02187-COA-R3-CV
The Claimant was appointed Dean of the College of Education of Tennessee State University in 1990, evidenced by a Notice of Appointment and Agreement of Employment. Four years later, he was terminated as Dean, and appointed to the tenured position of Professor, at a lesser salary. In this action he sought damages for breach of contract, inter alia. The Commission ruled that the Claimant, although lawfully terminated as Dean, was nevertheless entitled to receive the salary of a deanship.
Authoring Judge: Per Curiam
Court of Appeals 03/14/01
Michael Martin vs. Roderick Scott, et al

M2000-02330-COA-R3-CV
Michael D. Martin, an incarcerated state prisoner, filed a Petition for Writ of Certiorari challenging a prison disciplinary proceeding whereby he was convicted by the Prison Disciplinary Board of burglary and sentenced to ten days punitive segregation and a $4.00 fine. The Chancellor dismissed the petition and we affirm the Chancellor.
Authoring Judge: Judge William B. Cain
Originating Judge:Irvin H. Kilcrease, Jr.
Davidson County Court of Appeals 03/14/01
Curley Howse vs. Donal Campbell, et al

M1999-01580-COA-R3-CV
This is a pro se civil rights action brought by a prisoner challenging the conditions of his confinement and his treatment by employees of the Tennessee Department of Correction and the Northwest Correctional Center in Lake County. After the prisoner's suit was transferred from the Chancery Court for Davidson County to the Circuit Court for Davidson County, the various defendants filed separate motions to dismiss the case for improper venue. The trial court granted the motions and dismissed all the prisoner's claims. On this appeal, the prisoner asserts that his claims should not have been dismissed. We have determined that the prisoner has not properly perfected an appeal with regard to the dismissal of his claims against the Commissioner of Correction and three other employees and that the trial court correctly dismissed his claim against the medical director of the Northwest Correctional Center for improper venue. Accordingly, we affirm the dismissal of the prisoner's complaint.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Hamilton V. Gayden, Jr.
Davidson County Court of Appeals 03/14/01
David Britt vs. Donal Campbell, et al

M2000-01423-COA-R3-CV
A prison inmate escaped from custody and was recaptured. After a disciplinary hearing, the Department of Correction extended his Release Eligibility Date so that he would have to serve an additional 20% of his sentence before being considered for parole. The prisoner filed a Petition for Declaratory Judgment, contending that the Department's action violated statutory and constitutional law. The trial court dismissed the Petition. We affirm.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Ellen H. Lyle
Davidson County Court of Appeals 03/14/01
Billy J. Grooms v. State of Tennessee

E2000-00958-CCA-R3-PC

The petitioner, Billy J. Grooms, appeals the trial court's denial of a pro se petition to correct an illegal judgment/sentence. The trial court's order of dismissal is affirmed.

Authoring Judge: Presiding Judge Gary R Wade
Originating Judge:Judge Rex Henry Ogle
Cocke County Court of Criminal Appeals 03/14/01
State of Tennessee v. Richard Crawford - Dissenting

W2000-00335-CCA-R3-CD

Our law provides: “A person charged with an offense has no burden to prove his innocence.”  TENN.CODE ANN.§39-11-201(c). Because I am unable to disregard this most basic principle of law, I am also unable to affirm the judgment of conviction in this case.

Authoring Judge: Judge David G. Hayes
Originating Judge:Judge W. Otis Higgs, Jr.
Shelby County Court of Criminal Appeals 03/14/01
State of Tennessee v. David Johnson

W1998-00687-CCA-R3-CD

The defendant appeals from his Shelby County Criminal Court conviction and sentence for second degree murder. The trial court sentenced the defendant to 37 years in the Department of Correction as a Range II multiple offender. In this direct appeal, the defendant complains that the evidence is insufficient; that double jeopardy barred his retrial following the grant of a mistrial; that Jencks Act material, police reports, and arrest histories of state witnesses were improperly withheld; that he was not allowed to impeach a key witness in violation of his confrontation rights; that the trial court erred in ruling that his prior convictions could be used to impeach him if he testified; that the jury was improperly instructed; and that his sentence is excessive. We are unpersuaded that reversible error occurred and therefore affirm the judgment and sentence of the trial court.

Authoring Judge: Judge J. Curwood Witt, Jr.
Originating Judge:Judge Chris B. Craft
Shelby County Court of Criminal Appeals 03/14/01
Earnest L. White v. State of Tennessee - Order

W2000-01908-CCA-R3-PC

The petitioner, Earnest L. White, appeals the order of the Shelby County Criminal Court summarily dismissing his habeas corpus/post-conviction petition without conducting an evidentiary hearing or appointing counsel. Though styled as a petition for habeas corpus relief, White asserts therein that ten of his 1984 convictions should be set aside because of constitutional infirmities in the process surrounding the entry of his guilty pleas for these offenses. As the issues raised provide no basis for habeas corpus relief but rather set out traditional post-conviction concerns, the trial court considered this pro se petition as one for post-conviction relief. However, the trial court thereafter found that the petition had been filed past the applicable statute of limitations and, therefore, dismissed the petition. After a review of the record before this Court, we find that the judgment of the trial court should be affirmed pursuant to Rule 20, Tennessee Court of Criminal Appeals.

Authoring Judge: Judge Jerry L. Smith
Shelby County Court of Criminal Appeals 03/14/01
State of Tennessee v. Christopher Osborne

M2000-00802-CCA-R8-CD

A Williamson County jury convicted the defendant of attempted first degree murder and felony reckless endangerment. The trial court sentenced him to concurrent sentences of twenty-four years and two years, respectively, as a Range I standard offender. In this appeal, the defendant alleges (1) the attempted first degree murder presentment was defective; (2) the proof was insufficient to sustain his attempted first degree murder conviction; (3) the trial judge erroneously failed to satisfy his "thirteenth juror" role; and (4) his sentence is excessive. Upon review of the record, we find no reversible error and affirm the judgments and sentences imposed by the trial court.

Authoring Judge: Judge Joe G. Riley
Originating Judge:Judge Timothy L. Easter
Williamson County Court of Criminal Appeals 03/14/01
State of Tennessee v. Sherman Shaw

W2000-00384-CCA-R3-CD

A Shelby County jury convicted the defendant of aggravated robbery. The trial court sentenced him to 15 years as a Range II multiple offender. In this appeal, the defendant alleges (1) the trial court erroneously admitted the defendant's custodial statement; (2) the evidence was insufficient to sustain the defendant's conviction; (3) the cumulative effect of the trial court's errors requires a new trial; and (4) the defendant's sentence is excessive. After a thorough review of the record, we affirm the judgment and sentence imposed by the trial court.

Authoring Judge: Judge Joe G. Riley
Originating Judge:Judge Carolyn Wade Blackett
Shelby County Court of Criminal Appeals 03/14/01
Eddie Phifer v. Board of Parole

M2000-01509-COA-R3-CV
This is a pro se appeal from a denial of parole. Mr. Phifer alleges several problems surrounding his parole hearing that he claims violate his due process and equal protection rights and violate the ex post facto constitutional prohibition. Because a prisoner has no liberty interest in release on parole before the expiration of his sentence, due process protections do not attach to parole determinations. Because at the time of Mr. Phifer's crime and conviction, the law regarding parole gave total discretion to the Board and authorized denial if the Board found that parole would depreciate the seriousness of the crime committed, changes in Board procedure do not violate ex post facto prohibitions. Because the Board has provided a rational basis for denying in-person interviews for prisoners housed out of state, no equal protection violation was shown. Consequently, we affirm the trial court's dismissal of the petition for failure to state a claim upon which relief may be granted.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Ellen Hobbs Lyle
Davidson County Court of Appeals 03/14/01
State of Tennessee v. C. Curtis Brown

W1999-01933-CCA-R3-CD

The defendant, after having his authority to write bonds in the 30th Judicial District revoked, appeals the trial court's decision and asserts that there was insufficient evidence to support the trial court's findings. Furthermore, the defendant asserts that the trial court's action was excessive. After review, we affirm the trial court in all respects.

Authoring Judge: Judge John Everett Williams
Originating Judge:Judge Bernie Weinman
Shelby County Court of Criminal Appeals 03/14/01
Mitchell Hall v. Cracker Barrel Old Country Store

E2000-00470-WC-R3-CV
The plaintiff brought this workers' compensation claim in which he alleges a drawer fell on his foot while he was working for the defendant. The trial judge found the plaintiff failed to show an injury by accident arising in the scope and course of his employment and dismissed the case. We affirm the judgment of the trial court.
Authoring Judge: John K. Byers, Sr. J.
Originating Judge:W. Frank Brown, III, Chancellor
Knox County Workers Compensation Panel 03/13/01
Tony Willis v. Dept of Correction

M2000-01397-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Ellen Hobbs Lyle
Davidson County Court of Appeals 03/13/01
Bertha Smith vs. Harley Smith

M1998-00937-COA-R3-CV
The issues in this post-divorce case arise because the former husband's waiver of military retirement pay in order to receive disability benefits affected the former wife's receipt of her portion of the retirement pay which had been awarded to her in the distribution of marital property. The former husband reduced his payments to the former wife, who filed a contempt petition, seeking to reinstate the previously ordered amounts. The trial court considered the intent embodied in the divorce decree, and determined that the former wife should continue to receive the amount she received at the time of the divorce, despite the fact that the former husband no longer received "retirement pay." In light of our Supreme Court's holding in Johnson v. Johnson, No. W1999-01232-SC-R11-CV, 2001 WL 173502 (Tenn. Feb. 23, 2001), we affirm.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Carol A. Catalano
Montgomery County Court of Appeals 03/13/01
Tony Willis v. Dept of Correction

M2000-01397-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Ellen Hobbs Lyle
Davidson County Court of Appeals 03/13/01
Rickey Cotten v. Board of Paroles

M2001-00875-COA-R3-CV
Petitioner was arrested in Florida for grand theft auto while on parole under a sentence in Tennessee. After beginning his sentence on the Florida conviction in a Florida prison, the Petitioner filed a "request for leave to waive revocation hearing, admission to violation of parole and request to have parole hearing in absentia and affidavit" with the Board of Paroles of Tennessee. The Board did not respond, so Petitioner filed a writ of mandamus with the Circuit Court for Davidson County to compel the Board to render a decision regarding his parole revocation. The trial court denied the writ and dismissed the petition because mandamus was not the appropriate remedy and the Petitioner was not in custody of the State of Tennessee for the purposes of parole revocation. We agree and affirm the decision of the trial court.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Walter C. Kurtz
Davidson County Court of Appeals 03/13/01
Janice Sadler, d/b/a Xanadu Video vs. State

M2000-01103-COA-R3-CV
The owner of a business filed a claim in the Tennessee Claims Commission for the loss of the business caused by a construction project that temporarily hindered ingress and egress to the claimant's location. The Claims Commissioner awarded the claimant the value of her business after finding that the State had negligently prolonged the construction project and had created a temporary nuisance. We reverse.
Authoring Judge: Judge Ben H. Cantrell
Court of Appeals 03/13/01
Johnny & Mary Jo Harper, et al vs. Melvin Sloan, et al

M2000-01104-COA-R3-CV
This appeal involves the determination of whether the trial court erred in determining that a pathway known as Jaybird Lane was a public road. Additionally, the trial court found that the road had not been abandoned and thus granted summary judgment to the Defendants. For the following reasons, we affirm the ruling of the court below in all respects.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:William H. Inman
Wilson County Court of Appeals 03/13/01