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| Israel vs. Williams
M1999-02400-COA-R3-CV
This appeal presents the issue of whether the trial court was correct to grant summary judgment against Plaintiffs regarding their suit for damages resulting from alleged negligent misrepresentation by Defendants. Plaintiffs claim that Defendants made negligent misrepresentations regarding the condition of their house prior to the sale of the house to Plaintiffs. Summary judgment was granted by the trial court. Upon review of this record, we affirm the judgment of the trial court.
Authoring Judge: Judge William B. Cain
Originating Judge:Russell Heldman |
Williamson County | Court of Appeals | 08/22/00 | |
| W1999-1453-CCA-R3-PC
W1999-1453-CCA-R3-PC
Originating Judge:John P. Colton, Jr. |
Shelby County | Court of Criminal Appeals | 08/22/00 | |
| Jimmy Greene vs. State
E2000-00426-CCA-R3-PC
A Blount County jury convicted the Petitioner of the aggravated rape of a person less than thirteen years of age, and the trial court sentenced him to twenty-two years incarceration. His conviction was affirmed on direct appeal. The Petitioner petitioned for post-conviction relief, and the trial court denied his request. He now appeals the trial court's denial of post-conviction relief, arguing that he received ineffective assistance of counsel at trial and on appeal. We conclude that the Petitioner was not denied the effective assistance of counsel and accordingly affirm the judgment of the court below.
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:D. Kelly Thomas, Jr. |
Blount County | Court of Criminal Appeals | 08/22/00 | |
| Charles High vs. P.D.Q. Disposal, Inc., et al
M1999-02310-COA-R3-CV
Plaintiff/Appellant, Charles I. High, appeals dismissal of his pro se complaint filed in the Chancery Court of Davidson County, Tennessee, seeking judicial review of the denial of his application for unemployment benefits. The trial court dismissed the complaint for failure to join indispensable parties. We affirm the Chancellor.
Authoring Judge: Judge William B. Cain
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 08/22/00 | |
| State vs. Billy Kenneth Hall
E1999-02146-CCA-R3-CD
The defendant appeals his convictions for aggravated kidnapping and aggravated rape, contending that the evidence is insufficient to support his convictions, that the trial court should have granted a continuance to allow him to substitute counsel, and that his attorney was constitutionally ineffective. We affirm the trial court.
Authoring Judge: Presiding Judge Joseph M. Tipton
Originating Judge:Ray L. Jenkins |
Knox County | Court of Criminal Appeals | 08/22/00 | |
| State ex rel Cihlar vs. Crawford
M1999-00517-COA-R3-CV
This appeal involves Thomas Matthew Cihlar's second attempt to obtain a judicial declaration that he is the father of a child whose mother was married to another man when the child was born. On this appeal, the estranged husband of the child's biological mother asserts that Mr. Cihlar's petition to establish parentage was foreclosed by Evans vs. Steelman. We have determined that the current parentage statutes are constitutional and that they authorize not only Mr. Cihlar, but also the State and Mr. Cihlar's child, to file an action to establish Mr. Cihlar's paternity. Accordingly, we affirm the juvenile court.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Betty Adams Green |
Davidson County | Court of Appeals | 08/22/00 | |
| State vs. John D. Brown
E1999-02217-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Originating Judge:R. Steven Bebb |
McMinn County | Court of Criminal Appeals | 08/22/00 | |
| Lawson vs. Lawson
M2000-00729-COA-R3-CV
The General Sessions Court of Van Buren County awarded the wife a divorce, divided the marital property, and awarded the wife rehabilitative alimony. On appeal the husband attacks the property division and the amount of the alimony. Because the record does not provide a basis for properly assessing the issues raised by the appellant, we affirm with a memorandum opinion.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Samuel E. Benningfield |
Van Buren County | Court of Appeals | 08/22/00 | |
| Christopher Woods vs. Ellis Woods
W1999-00733-COA-R3-CV
This appeal arises from a dispute between Plaintiff Christopher Lamar Woods and Defendant Ellie Joan Woods regarding Mr. Woods' financial obligations under the parties' final decree of divorce. The trial court approved the ruling of the arbitrator, which was that Mr. Woods is responsible for the expense of Ms. Woods' "tummy tuck" and breast reduction surgery but is not responsible for the expense of Ms. Woods' Obagi cream treatments, collagen injections, lip implants, and other topical procedures. For the reasons set forth below, we affirm the ruling of the trial court.
Authoring Judge: Judge David R. Farmer
Originating Judge:D'Army Bailey |
Shelby County | Court of Appeals | 08/22/00 | |
| State of Tennessee v. James Wesley Osborne
E1999-01071-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:O. Duane Slone |
Jefferson County | Court of Criminal Appeals | 08/22/00 | |
| State vs. Jimmy Wayne Baker
M1999-00454-CCA-R3-CD
The Defendant, Jimmy Wayne Baker, was convicted by a Bedford County jury of first degree felony murder during the perpetration of or the attempt to perpetrate theft of property, first degree premeditated murder, and aggravated arson. The trial court merged the felony murder conviction with the premeditated murder conviction. The Defendant was sentenced as a Range I standard offender to life imprisonment for the first degree murder conviction and to twenty-one years and nine months incarceration for the aggravated arson conviction, to be served concurrently. The Defendant now appeals, arguing the following: (1) that the trial court erred in instructing the jury to determine whether one of the witnesses was an accomplice; (2) that the evidence presented at trial was insufficient to convict the Defendant of premeditated murder, felony murder, or aggravated arson; (3) that the trial court erred in failing to instruct the jury that they must agree unanimously on a particular set of facts to support a finding of first degree felony murder; (4) that his convictions of both premeditated murder and felony murder violated the Double Jeopardy Clause and the Supremacy Clause; (5) that the Defendant was not properly informed of the elements of and facts necessary to constitute the offense of theft of property as the underlying felony in the felony murder conviction; (6) that the Defendant's sentence for aggravated arson was excessive; and (7) that the trial court erred in failing to instruct the jury on all elements of the offenses charged. After review, we affirm the judgment of the trial court.
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:W. Charles Lee |
Bedford County | Court of Criminal Appeals | 08/22/00 | |
| State vs. John D. Brown
E1999-02217-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Originating Judge:R. Steven Bebb |
McMinn County | Court of Criminal Appeals | 08/22/00 | |
| Shelbourne vs. Shelbourne
M1999-02557-COA-R3-CV
The trial court granted the wife a divorce, awarded her custody of the parties' minor child, divided the marital property, and ordered the husband to pay rehabilitative alimony for two years. We affirm
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Muriel Robinson |
Davidson County | Court of Appeals | 08/22/00 | |
| State vs. Terrence Jackson
W2001-01001-CCA-R3-CD
The defendant appeals the revocation of his probation and reinstatement of his original six-year sentence for aggravated assault. The trial court found the defendant violated the terms of his probation by failing to verify employment, failing to exhibit conduct consistent with good citizenship, and failing to comply with curfew requirements; thus, it revoked his probation. We affirm.
Authoring Judge: Judge Joe G. Riley
Originating Judge:Roy B. Morgan, Jr. |
Madison County | Court of Criminal Appeals | 08/21/00 | |
| Larry Ward on behalf of Antonio Ward
W1999-01324-COA-R3-CV
This is a dispute between Plaintiff Larry D. Ward and Defendants A.C. Gilless, Jr., The Shelby County Sheriff's Office ("Sheriff's Office"), Ted Fox, and The Shelby County Division of Public Works ("Division of Public Works") regarding the cause of an automobile accident that resulted in the death of Reco Antonio Ward ("Decedent"), Mr. Ward's son. The trial court found that the Decedent was negligent, that the Decedent's own negligence was the proximate cause of his death, and that any negligence on the part of the Defendants was exceeded by the negligence of the Decedent. For the reasons set forth below, we affirm the ruling of the trial court.
Authoring Judge: Judge David R. Farmer
Originating Judge:Kay S. Robilio |
Shelby County | Court of Appeals | 08/21/00 | |
| Dwight Seaton v. State of Tennessee
E1999-01312-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Ben W. Hooper, II |
Sevier County | Court of Criminal Appeals | 08/21/00 | |
| State vs. Clarence Weaver
E1999-02005-CCA-R3-CD
This appeal arises from the sentence that the defendant received after pleading guilty to aggravated burglary. He challenges the trial court's application of one of the four enhancement factors found, refusal to apply three mitigating factors, and refusal to place him in the Community Alternatives to Prison Program (CAPP). Based upon our review of the record, we affirm the judgment of the trial court.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Richard R. Baumgartner |
Knox County | Court of Criminal Appeals | 08/21/00 | |
| Terence A. Johnson v. Saturn Corporation
M1999-01377-WC-R3-CV
The employer, Saturn Corporation, contends the evidence preponderates against the trial court's findings as to causation and notice.
Authoring Judge: Loser, Sp. J.
Originating Judge:Ellen Hobbs Lyle, Chancellor |
Johnson County | Workers Compensation Panel | 08/21/00 | |
| State vs. Letivias Prince
M1998-00005-CCA-R3-CD
The defendant, Letivias Prince, was convicted of first degree murder and was sentenced to life imprisonment. On appeal, the defendant argues that the jury pool did not adequately represent the racial makeup of the community; that pre-trial publicity deprived him of a fair trial; that the trial court erred by permitting eight peremptory challenges in jury selection; that the trial court erred by allowing the state to either call a rebuttal witness or receive a missing witness instruction; that the trial court erred by instructing the jury regarding the order of consideration of offenses; and that the evidence was insufficient to sustain his conviction. The judgment of the trial court is affirmed.
Authoring Judge: Judge Jerry Smith
Originating Judge:Robert W. Wedemeyer |
Montgomery County | Court of Criminal Appeals | 08/18/00 | |
| State vs. Jesse Ross Tolbert
E1999-02326-CCA-R3-CD
Defendant appeals as of right from his conviction of aggravated assault. At trial the trial judge did not let defense counsel question the sole prosecution witness about the witness' guilty plea to extortion and subsequent judicial diversion. The court did allow questioning regarding the facts underlying the witness' prosecution. Defendant now alleges that this evidentiary ruling violated his rights under the confrontation clauses of the United States and Tennessee Constitutions. We hold that the trial court erred. Under Tennessee Rule of Evidence 608 defense counsel should have been allowed to question the witness regarding the guilty plea and judicial diversion. However, we conclude that the error is harmless beyond a reasonable doubt. We thus affirm the judgment of the trial court.
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:E. Eugene Eblen |
Roane County | Court of Criminal Appeals | 08/18/00 | |
| State vs. Gerald W. McCullough
M1999-01525-CCA-R3-CD
The defendant, Gerald W. McCullough, was convicted of aggravated sexual battery. The trial court imposed a twelve-year sentence. In this appeal of right, the defendant contends that the trial court erred by allowing proof of more than one instance of sexual misconduct and by imposing an excessive sentence. Because the sentence was not excessive, and because the defendant waived the issue of the admissibility of uncharged sex crimes, the judgment is affirmed.
Authoring Judge: Judge Gary R Wade
Originating Judge:William Charles Lee |
Bedford County | Court of Criminal Appeals | 08/18/00 | |
| State vs. Ricky Lee Cook
M2000-00178-CCA-R3-CD
Defendant appeals the revocation of his probation and reinstatement of a portion of his original sentence. The defendant plead guilty to possession of drug paraphernalia, and received a sentence of eleven (11) months, twenty-nine (29) days, which was completely suspended after the service of forty-eight (48) hours. After a revocation hearing, the trial court revoked defendant's probation and required him to serve a portion of his sentence. Concluding that the defendant violated at least four specific terms of his probation, we affirm the judgment of the trial court.
Authoring Judge: Judge Cornelia A. Clark
Originating Judge:Jane W. Wheatcraft |
Sumner County | Court of Criminal Appeals | 08/18/00 | |
| State vs. Reggie Jones
W1999-00898-CCA-R3-CD
The defendant was found guilty of aggravated robbery, theft over $10,000 and felonious escape. The trial court merged the theft conviction into the aggravated robbery conviction. Defendant received a ten-year sentence for aggravated robbery and a consecutive one-year sentence for felonious escape. The defendant raises the following issues for review: (1) whether the defendant's prosecution in Haywood County for aggravated robbery, following an acquittal for the same offense in federal court, violated double jeopardy; (2) whether the trial court erred in failing to grant a new trial when it was discovered that a juror had a prior felony conviction; and (3) whether the defendant was improperly convicted of both aggravated robbery and the lesser-included offense of theft. Upon a review of the record, we affirm the judgment of the trial court.
Authoring Judge: Judge Joe G. Riley
Originating Judge:William B. Acree |
Haywood County | Court of Criminal Appeals | 08/18/00 | |
| State vs. James Snider
W1999-01849-CCA-R3-CD
The defendant was found guilty of rape of a child and aggravated sexual battery. He appealed, arguing that the evidence was insufficient to support a guilty verdict and that the trial court erred in allowing the victim's mother to testify to hearsay statements made by the victim, in prohibiting the defendant from questioning the victim's mother about sexual abuse in her childhood, and in sentencing the defendant in an excessive manner on the rape conviction. We conclude that these issues are without merit and affirm the judgment of the trial court.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Roy B. Morgan, Jr. |
Madison County | Court of Criminal Appeals | 08/18/00 | |
| State vs. William M. Hukowicz
M1999-00073-CCA-R9-CD
Following a suppression hearing, the Wilson County Criminal Court, J.O. Bond, J., ordered certain portions of the defendant's statement given to police suppressed, holding that the defendant had exercised his right to remain silent. The state filed an interlocutory appeal. The Court holds that the evidence does not preponderate against the trial court's finding that the defendant's refusal to answer other questions by stating "no comment" or a similar declaration was a proper assertion of the defendant's right to remain silent. However, the trial court should have suppressed the entire statement given following the defendant's assertion of his right to remain silent. Remanded.
Authoring Judge: Judge Jerry Smith
Originating Judge:J. O. Bond |
Wilson County | Court of Criminal Appeals | 08/18/00 |