APPELLATE COURT OPINIONS

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State vs. Michael Cardenas

W2001-01123-CCA-R3-PC
The appellant, Michael Brian Cardenas, appeals from the order of the Chester County Circuit Court denying his petition for post-conviction relief. On appeal, the appellant argues that his guilty plea was involuntary because "he was denied the effective assistance of counsel at the trial level." In the appellant's brief, he raises four general areas of ineffectiveness: (1) his attorney failed to investigate, prepare or present a defense to charges against him; (2) counsel failed to file a motion to suppress the statement that appellant had provided to arresting authorities; (3) counsel failed to file a motion for change of venue; and (4) potential character witnesses were never interviewed to determine whether their testimony could be used during the trial. We find this argument without merit. The judgment of the post-conviction court is affirmed pursuant to Rule 20 of the Rules of the Tennessee Court of Criminal Appeals.
Authoring Judge: Judge David G. Hayes
Chester County Court of Criminal Appeals 10/12/99
William Horton v. Dept. of Correction

M1999-02798-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Carol L. Mccoy
Davidson County Court of Appeals 10/12/99
State vs. Schmitz

01A01-9810-JV-00556

Originating Judge:Alfred L. Nations
Williamson County Court of Appeals 10/12/99
Charles Young v. Donal Campbell, Et Al.

M1999-02788-COA-R3-CV
This appeal involves a dispute between a prisoner and the Tennessee Department of Correction regarding the calculation of his sentence expiration date. After the Department declined to give him credit for the time he had been on probation for a prior arson sentence, the prisoner filed suit against the Commissioner of Correction in the Chancery Court for Davidson County seeking 1,568 days of additional sentence credits. The trial court granted the Commissioner's motion for summary judgment after concluding that the Department's calculation of the prisoner's sentence was consistent with the sentencing court's orders and that it lacked jurisdiction to review the actions of the sentencing court. The prisoner has appealed. We have determined that the trial court properly dismissed the prisoner's petition for certiorari.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Carol L. Mccoy
Davidson County Court of Appeals 10/12/99
01C01-9808-CR-00322

01C01-9808-CR-00322

Originating Judge:Steve R. Dozier
Davidson County Court of Criminal Appeals 10/12/99
William Horton v. Dept. of Correction

M1999-02798-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Carol L. Mccoy
Davidson County Court of Appeals 10/12/99
Susan Hoefler vs. Paul Hoefler

M1998-00966-COA-R3-CV
This appeal involves a dispute over a provision in a marital dissolution agreement in which the parties agreed to enroll their children in parochial school. The non-custodial parent declined to pay for the parties' younger child's private school expenses after the custodial parent unilaterally withdrew the child from parochial school and enrolled him in another private school. When the non-custodial parent filed a petition in the Circuit Court for Davidson County to terminate his child support because his younger child had reached the age of majority, the custodial parent insisted that he should reimburse her for nearly $23,800 in expenses she had incurred to send the child to private school. The trial court, relying on the terms of the marital dissolution agreement, declined to order the non-custodial parent to reimburse the custodial parent for these expenses. On this appeal, the custodial parent asserts that the non-custodial parent waived his opportunity to object to her choice of schools for the parties' son and should be estopped to deny his responsibility for these educational expenses. She also requests this court to grant a retroactive upward deviation from the child support the non-custodial spouse had been paying. We affirm the trial court.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Muriel Robinson
Davidson County Court of Appeals 10/12/99
State vs. James E. Frazier

01C01-9801-CC-00036

Originating Judge:J. S. Daniel
Cannon County Court of Criminal Appeals 10/12/99
Ricky Myers v. Carrier Corporation

01S01-9810-CH-00183
Authoring Judge: Hamilton V. Gayden, Jr., Special Judge
Originating Judge:Hon. Jefferey Stewart
Grundy County Workers Compensation Panel 10/11/99
Jody Maynard Falk v. Saturn Corp.

01S01-9805-CH-00105
Authoring Judge: Per Curiam
Originating Judge:Hon. William B. Cain
Maury County Workers Compensation Panel 10/11/99
Monika Pelis v. Precision Printing & Packaging

01S01-9809-CH-00160
Authoring Judge: Henry Denmark Bell, Retired Judge
Originating Judge:Hon. Robert W. Wedemeyer
Montgomery County Workers Compensation Panel 10/11/99
State vs. Danny Lynn Porter

03C01-9811-CR-00393

Originating Judge:E. Eugene Eblen
Roane County Court of Criminal Appeals 10/11/99
Timothy Gene Green v. Lumbermen's Underwriting Alliance & Fleetwood

01S01-9806-CV-00113
Authoring Judge: Henry Denmark Bell, Retired Judge
Originating Judge:Hon. Bobb Y Capers
Workers Compensation Panel 10/11/99
Roger Lee Dailey v. Ez Loader Boat Trailers, et al

01S01-9805-CH-00101
Authoring Judge: Per Curiam
Originating Judge:Hon. Jeffrey Stewart
Franklin County Workers Compensation Panel 10/11/99
James E. Rainey v. Micro Craft, Inc., et al

01S01-9805-CH-00106
Authoring Judge: Henry Denmark Bell, Retired Judge
Workers Compensation Panel 10/11/99
Allen Dale Jarvis v. Nissan Motor Mfg Corp.

01S01-9810-CH-00186
Authoring Judge: Henry Denmark Bell, Retired Judge
Originating Judge:Hon. James L . Weatherford
Rutherford County Workers Compensation Panel 10/11/99
Betty Jo Reeves v. Henry I. Siegel Co., Inc., et al

01S01-9806-CH-00115
Authoring Judge: Thomas W. Brothers, Special Judge
Originating Judge:Hon. Donald P. Harris
Lewis County Workers Compensation Panel 10/11/99
State of Tennessee v. Albert Dewaynn Porter - Concurring

02S01-9803-CC-000205

We granted this appeal to determine whether the common law "procuring agent defense" has been abolished by statute. We hold that the procuring agent defense was abolished by Tenn. Code Ann. §39-11-203 (e)(2) which expressly states that "[d]efenses available under common law are here by abolished." The trial court appropriately declined to instruct the jury on the procuring agent defense, and the defendant's conviction for selling a controlled substance was supported by the evidence.

Authoring Judge: Justice Janice M. Holder
Originating Judge:Judge C. Creed McGinley
Hardin County Supreme Court 10/11/99
John Darren Welker v. Bridgestone/Firestone

01S01-9810-CH-00192
Authoring Judge: Hamilton V. Gayden, Jr., Special Judge
Originating Judge:Hon. Robert E. Corlew
Davidson County Workers Compensation Panel 10/11/99
State vs. David Proffitt

03C01-9901-CR-00026

Originating Judge:Leon C. Burns, Jr.
Cumberland County Court of Criminal Appeals 10/11/99
William Jones v. Jeff Reynolds, Commissioner, Tennessee Department of Correction

01A01-9809-CH-00499

Plaintiff William Jones appeals the trial court’s order granting the motion for summary judgment filed by the Commissioner of the Tennessee Department of Correction in this dispute over the Department’s calculation of Jones’ sentence reduction credits. We affirm the trial court’s judgment.

Authoring Judge: Judge David R. Farmer
Originating Judge:Chancellor Carol L. McCoy
Davidson County Court of Appeals 10/07/99
Joanne Thompson Barrett v. Marilyn Young Hill - Concurring

01A01-9806-CV-00295

This case involves a dispute between neighbors over a sewer line. The Defendant, Marilyn Hill, appeals the trial court’s finding of an easement by  implication in favor of the Plaintiff, Joanne Barrett, across Ms. Hill’s property for the purpose of connecting Ms. Barrett’s property to the city sewer line. We affirm the trial court.

Authoring Judge: Judge Patricia J. Cottrell
Originating Judge:Judge Robert E. Corlew
Rutherford County Court of Appeals 10/07/99
Don Brunetti v. Board of Zoning Appeals of Williamson County, et al. - Concurring

01A01-9803-CV-00120

This is an appeal of the trial court’s affirmance, in a writ of certiorari action, of a decision of the Williamson County Board of Zoning Appeals interpreting and applying provisions of the Williamson County Zoning Ordinance. The Appellant, Mr. Brunetti, is a neighbor of Mr. Brian Sanders, and objects to the operation of two grain bins (sometimes referred to as silos) on Mr. Sanders’s 5-acre parcel in Williamson County, which is zoned “Estate.” The Board of Zoning Appeals interpreted state statute and local  ordinance to allow this “agricultural” use. We affirm.

Authoring Judge: Judge Patricia J. Cottrell
Originating Judge:Judge Henry Denmark Bell
Williamson County Court of Appeals 10/07/99
Electric Controls, et al., v. Ponderosa Fibres of America, et al.

02A01-9712-CH-00304

Defendant Vanderbilt Industrial Contracting Corporation (VICC) appeals the trial court’s judgments which awarded attorney’s fees to two of VICC’s co-defendants in this lawsuit, Kajima International, Inc., and Titan Contracting and Leasing Company. We reverse the trial court’s judgments based upon our conclusion that the relief awarded exceeds the scope of the relief requested by the parties’ pleadings.

Authoring Judge: Judge David R. Farmer
Originating Judge:Chancellor Floyd Peete, Jr.
Shelby County Court of Appeals 10/06/99
Catherine Edmundson v. Jimmy C.Grisham, d/b/a Germantown Pest Control, Germantown Termite & Pest Conrol, Inc., et al., - Concurring

02A01-9810-CV-00298

Defendants Jimmy C. Grisham, d/b/a Germantown Pest Control, Germantown Termite and Pest Control, Inc., and Christopher D. Alexander appeal the trial court’s judgment entered on a jury verdict in favor of  Plaintiff/Appellee Catherine Edmundson in the amount of $50,000. We  affirm the trial court’s judgment.

Authoring Judge: Judge Farmer
Originating Judge:Judge Karen R. Williams
Shelby County Court of Appeals 10/06/99