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
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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
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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 |