APPELLATE COURT OPINIONS

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State vs. Kenneth Lee Kendrick

03C01-9810-CR-00374

Originating Judge:R. Jerry Beck
Sullivan County Court of Criminal Appeals 09/10/99
State vs. Jimmy Ferguson

01C01-9809-CR-00359

Originating Judge:Frank G. Clement, Jr.
Davidson County Court of Criminal Appeals 09/10/99
Mickey A. Brown v. Tennessee Department of Correction

01A01-9808-CH-00437

A Tennessee prison inmate filed a Petition for a Declaratory Judgment, insisting that he was entitled to be immediately released because of the earlier expiration of a concurrent Florida sentence. The trial court dismissed the petition for failure to state a claim. We affirm.

Authoring Judge: Presiding Judge Ben H. Cantrell
Originating Judge:Chancellor Ellen Hobbs Lyle
Davidson County Court of Appeals 09/10/99
State vs. Richard Smith

02C01-9903-CC-00101

Originating Judge:Roy Morgan
Henderson County Court of Criminal Appeals 09/10/99
State vs. Shawn R. Cotton

01C01-9805-CR-00209

Originating Judge:Frank G. Clement, Jr.
Davidson County Court of Criminal Appeals 09/10/99
State vs. Eric B. Howard

01C01-9805-CR-00198
Davidson County Court of Criminal Appeals 09/10/99
State vs. Brian Milam

01C01-9712-CC-00557

Originating Judge:Robert L. Jones
Wayne County Court of Criminal Appeals 09/10/99
Brett Allen Patterson vs. State

01C01-9805-CC-00221
Montgomery County Court of Criminal Appeals 09/10/99
Randall Allen Cantrell vs. State of Tennessee

01C01-9902-CR-00050

The appellant, Randall Allen Cantrell, appeals the order of the Sumner County Criminal Court dismissing his pro se petition for post-conviction relief. In this appeal, the appellant raises multiple issues which collectively challenge the trial court’s summary dismissal of the petition as being time-barred.

Authoring Judge: Judge David G. Hayes
Originating Judge:Judge Jane W. Wheatcraft
Sumner County Court of Criminal Appeals 09/09/99
State of Tennessee vs. Betty W. Norman

01C01-9805-CC-00230

The appellant, Betty W . Norman, was convicted by a Moore County jury of two (2) counts of reckless endangerment, a Class E felony, and one (1) count of harassment, a Class A misdemeanor. The trial court sentenced the appellant as a Range I offender to consecutive terms of one (1) year and three (3) months and one (1) year and two (2) months for the reckless endangerment convictions. The appellant received a concurrent sentence of six (6) months for her conviction for harassment. The trial court ordered tha t the appellant serve her sentences in confinement. On appeal, the appellant presents the following issues for our
review:

(1) whether the trial court erred in limiting the appellant’s crossexamination of a state w itness reg arding the trajectory of a bullet and by subsequently instructing the jury to disregard the witness’ testimon y regardin g the trajec tory of the bullet;
(2) whether the trial court erred in failing to allow the appellant to question the victims, Robert and Loretta Norman, regarding anydomestic problems between them;
(3) whether the evidence was sufficient to support the a ppellant’s convictions beyond a reasonable doubt;
(4) whether the trial court imposed excessive sentences;
(5) whether the trial court erred in imposing consecutive sentences; and
(6) whether the trial court erred in denying probation.

After a thorough review of the record before this Court, we conclude that theappellant was erroneously convicted of two (2) co unts of reckless endangerment arising out of the same course of conduct. Therefore, the appellant’s conviction for reckless endangerment in Count One is merged with her conviction for reckless endangerment in Count Two. In all other respects, however, the judgment of the trial court is affirmed.

Authoring Judge: Judge Jerry L. Smith
Originating Judge:Judge Charles Lee
Moore County Court of Criminal Appeals 09/09/99
Randall Allen Cantrell vs. State

01C01-9902-CR-00050

The appellant, Randall Allen Cantrell, appeals the order of the Sumner County Criminal Court dismissing his pro se petition for post-conviction relief. In this appeal, the appellant raises multiple issues which collectively challenge the trial court’s summary dismissal of the petition as being time-barred.

Authoring Judge: Judge David G. Hayes
Originating Judge:Judge Jane W. Wheatcraft
Sumner County Court of Criminal Appeals 09/09/99
C.L. Randolph v. Virginia Henley Randolph

03S01-9510-CV-00119

We granted this appeal to clarify the statutory standard by which the validity of antenuptial agreements should be judged. The trial court in this case held the antenuptial agreement invalid, finding the wife did not “knowledgeably” sign the agreement, as required by statute1. The Court of Appeals, in a split decision, reversed, finding the totality of the circumstances established that the wife possessed sufficient knowledge of the husband’s business affairs and financial status at the time she signed the agreement to meet the statutory requirement of "knowledgeably" executing the agreement and that the agreement was therefore enforceable. We interpret the statutory requirement that an antenuptial agreement is enforceable only if entered into "knowledgeably" to mean that the spouse seeking to enforce an antenuptial agreement must prove, by a preponderance of the evidence, either that a full and fair disclosure of the nature, extent and value
of his or her holdings was provided to the spouse seeking to avoid the agreement, or that disclosure was unnecessary because the spouse seeking to avoid the agreement had independent knowledge of the full nature, extent, and value of the proponent spouse’s holdings.

Authoring Judge: Justice E. Riley Anderson
Originating Judge:Special Judge M. Drew Robinson
Knox County Supreme Court 09/09/99
Alfred Lee Mauldin v. Mark Luttrell, Warden, et al.

02A01-9902-CH-00065

Alfred Lee Mauldin appeals from the order of the chancery court dismissing his petition for writ of habeas corpus on the basis that the trial court lacked subject matter jurisdiction.

Authoring Judge: Judge David R. farmer
Originating Judge:Chancellor D. J. Alissandratos
Shelby County Court of Appeals 09/09/99
John Matthews v. American Manufacturers Mutual Inc. Co.

02S01-9809-CH-00085
This workers' compensation appeal was referred to the Special W orkers' Compensation Appeals Panel of the Supreme Court pursuant to Tenn. Code Ann. _5-6- 225(e)(3) (Supp. 1998) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. This case was tried on June 25, 1998. The trial court found that the plaintiff suffered a work-related injury on June 27, 1997, and awarded the plaintiff forty-five percent permanent partial disability to the body as a whole. The court stated that the plaintiff's present disability, whether due to a heart attack or from heart disease, was caused by the exertion and strain of lifting fifty-pound buckets in 9-degree weather in the course of his employment duties. The defendant, American Manufacturers Mutual Insurance Company, has appealed the trial court's decision. After a careful review of the record, we find that the judgment of the trial court must be reversed. At the time of trial, the plaintiff, John Matthews, testified that he was 47 years of age, had a bachelors degree in archeology, and had completed approximately one-half of his studies toward a masters degree in anthropology and archeology. Before pursuing his studies in archeology, the plaintiff did carpentry work, served in the military, and was employed as a service writer for a tire company. After receiving his degree in archeology, the plaintiff was employed by Brockington and Associates, the defendant's insured, as an archeologist from February of 1997 until the alleged injury in June of 1997. At the time of trial, he was working as an instructor at a job-training facility for the handicapped. On Friday, June 27, 1997, the plaintiff was working outside with his supervisor at the site of a proposed guitar company in a heat index of 14 degrees. Their job was to uncover archeological artifacts by removing five-gallon buckets of mud, weighing forty to fifty pounds each, from a six-foot deep trench. The plaintiff recalled that he was perspiring heavily. At approximately 3: p.m., the plaintiff felt a tightness with a little pain below his collarbone and was short of breath. Thinking that it was the heat, he took breaks to cool off and continued to work after drinking some water. He testified that he had no prior history of chest pain or heart disease. He was able to finish the day's work, and the chest pain eased by approximately 6: p.m. Over the weekend, the plaintiff worked in the yard 2
Authoring Judge: L. Terry Lafferty, Senior Judge
Originating Judge:Hon. Joe C. Morris
Henderson County Workers Compensation Panel 09/07/99
Jimmy C. Wardlaw v. Standard Coffee Service Co., Etc.

02S01-9807-CV-00063
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. _ 5-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The trial court found that the plaintiff's injury arose out of and in the course and scope of his employment, resulting in a twenty-five percent permanent partial disability to the body as a whole. We affirm.
Authoring Judge: L. Terry Lafferty, Senior Judge
Originating Judge:Hon. Kay S. Robilio, Judge
Shelby County Workers Compensation Panel 09/07/99
State of Tennessee v. Jeffrey D. Hunter

01S01-9806-CC-00118

We granted this appeal by Jeffrey D. Hunter, the appellant, in order to address issues pertinent to a trial court’s authority during probation revocation proceedings. For the reasons provided herein, we hold that when a trial court has determined that a probation violation has occurred, it possesses the authority to: (1) order incarceration; (2) order the original probationary period to commence anew; or (3) extend the remaining period of probation for as much as an additional two years. We further conclude that a defendant is not entitled to credit on his or her sentence of incarceration for any time served on probation prior to probation revocation and reinstatement of the original sentence. The judgment of the Court of Criminal Appeals is affirmed.

Authoring Judge: Justice William M. Barker
Originating Judge:Judge Cornelia A. Clark
Williamson County Supreme Court 09/07/99
Demetra Lyree Parker v. Warren County Utility District

01S01-9806-CH-00107

We granted review to address the standard for an employer's liability in supervisor sexual harassment cases under the Tennessee Human Rights Act following the recent United States Supreme Court's decisions in Burlington Indus. Inc. v. Ellerth, 118 S.Ct. 2257 (1998), and Faragher v. City of Boca Raton, 118 S.Ct. 2275 (1998). Upon review, we adopt a standard consistent with Ellerth and Faragher and hold that an employer is vicariously liable for sexual harassment by a supervisor. An employer, however, may raise an affirmative defense to liability or damages when no tangible employment action has been taken. The decision of the Court of Appeals is affirmed as modified.

Authoring Judge: Justice Janice M. Holder
Originating Judge:Judge John W. Rollins
Warren County Supreme Court 09/07/99
State of Tennessee v. Pat Bondurant

01S01-9804-CC-00064

In this appeal, the defendant, Pat Bondurant, was convicted of premeditated first degree murder and arson. Upon finding that the State had proven two statutory. The jury found the following two aggravating circumstances: (1) “[t]he defendant was previously convicted of one or more felonies, other than the present charge, which involve the use or threat of violence to the person;” and (2) “[t]he murder was especially heinous, atrocious or cruel in that it involved to rture or de pravity of m ind.” Ten n. Code Ann. § 39 -2-203( i)(2) and (5 ) (1982). These statutory aggravating circumstances were redefined in 1989 and are currently codified at Tenn. Code A nn. § 39-13-204(i)(2) and (5) (1998 Sup p.). 2Tenn. Code A nn. § 39-13-206(a)(1) (1997 R epl.).
aggravating circumstances1 beyond a reasonable doubt and that there were no mitigating circumstances sufficiently substantial to outweigh the aggravating circumstances, the jury sentenced the defendant to death by electrocution on the conviction for first degree murder. On the arson conviction, the trial court sentenced the defendant to ten years consecutive to the death penalty. The Court of Criminal Appeals affirmed the trial court’s judgment. Thereafter, the case was docketed in this Court2 and set for oral argument with respect to eight of the issues raised by the defendant. See Tenn. S. Ct. R. 12.

Authoring Judge: Justice Frank W. Drowota, III
Originating Judge:Judge Jim T. Hamilton
Maury County Supreme Court 09/07/99
Virginia Graf Waddey v. Ira Clinton Waddey, Jr.

01S01-9811-CV-00198

We granted this appeal to determine whether a party receiving periodic alimony may obtain a modification or extension of alimony when: 1) a termination date was agreed to by the parties in their property settlement agreement; and 2) the petition to modify was filed after the termination date but prior to the expiration of thirty days. We hold that the alimony was not modifiable after one of the contingencies listed in the property settlement agreement occurred. We affirm the Court of Appeals, but we base our decision upon other grounds

Authoring Judge: Justice Janice M. Holder
Originating Judge:Judge Robert E. Corlew, III
Davidson County Supreme Court 09/06/99
United Agricultural Services, Inc. v. John W. Scherer, Jr.

02A01-9812-CH-00353

This appeal involves jurisdiction under the long-arm statute. Defendant/appellant, John W. Scherer, Jr. (Scherer), appeals the order of the trial court awarding plaintiff/appellee, United Agricultural Services, Inc. (Ag Services), damages for breach of contract.

Authoring Judge: Presiding Judge W. Frank Crawford
Originating Judge:Chancellor D. J. Alissandratos
Shelby County Court of Appeals 09/03/99
Jane H. Ralls v. William M. Coats

01A01-9903-CH-00143

In this action alleging breach of contract, the Trial Judge granted the plaintiff summary judgment for damages for breach of contract in the amount of $12,180.24. Defendant has appealed.

Authoring Judge: Judge Herschel Pickens Franks
Originating Judge:Chancellor Irvin H. Kilcrease, Jr.
Davidson County Court of Appeals 09/03/99
D&E Construction, Inc., v. Robert Denley Company, Inc.

02A01-9812-CH-00358

This is an action to enforce an arbitration award. Plaintiff/appellant, D & E Construction Company (D&E), appeals the order of the Chancery Court vacating an arbitration award rendered against defendant/appellee, Robert J. Denley Company (Denley).

Authoring Judge: Presiding Judge W. Frank Crawford
Originating Judge:Chancellor Walter L. Evans
Shelby County Court of Appeals 09/03/99
Kevin Sanders and Patricia Sanders, v. Lincoln County and Steve Graham, Chmn of Lincoln County Commission

01A01-9902-CH-00111

Plaintiffs Kevin and Patricia Sanders appeal the trial court’s judgment which dismissed their complaint against Defendants/Appellees Lincoln County and Steve Graham, Chairman of the Lincoln County Commission, based upon the court’s rulings that the complaint failed to state an equal protection claim against the Defendants and, alternatively, that the Sanders’ equal protection claim was barred by principles of res judicata.1 We conclude that both of these rulings were in error and, thus, we reverse the trial court’s judgment and remand this cause for further proceedings consistent with this opinion.

Authoring Judge: Judge David R. Farmer
Originating Judge:Judge Lee Russell
Lincoln County Court of Appeals 09/03/99
Willamette Industries, Inc., v. Tennessee Assessment Appeals Commission, Wayne County Assessor of Property, and Wayne County Trustee

O1A01-9812-CH-00639

The petition in this case seeks judicial review of real property valuations established by a final order of the Tennessee Assessment Appeals Commission (“AAC”), a body created by the State Board of Equalization to hear “appeals regarding the assessment, classification and value of property for purposes of taxation.” T.C.A.§ 67-5-1502(a). The AAC’s order in the instant case fixed, for ad valorem tax purposes, the separate values of 15 parcels of Wayne County woodland owned by the petitioner, Willamette Industries, Inc. (“Willamette”). Upon review of the AAC’s order, the trial court held, among other things, that the appraisal methodology utilized by the AAC was not per se contrary to Tennessee law, and that the record contained substantial and material evidence to support the AAC’s valuations based upon that methodology. Accordingly, it affirmed the AAC’s order. Willamette appeals, raising the following issues for our consideration:

Authoring Judge: Judge Charle D. Susano, Jr.
Originating Judge:Chancellor Carol L. McCoy
Wayne County Court of Appeals 09/03/99
Wilson County Youth Emergency Shelter, Inc. v. Wilson County and Wilson County Board of Zoning Appeals

01A01-9812-CH-00634

The Wilson County Board of Zoning Appeals (“the BZA”) denied the petition of Wilson County Youth Emergency Shelter, Inc. (“the Shelter”) for a use on review to construct a group home on 5.46 acres of property in Wilson County. The Shelter proposes to move its existing facility in the county to the new location. On petition for certiorari, the trial court affirmed the action of the BZA. The Shelter appeals, arguing that the BZA’s decision was illegal, arbitrary, and beyond its jurisdiction. By way of a separate issue, the Shelter argues that there is no material evidence to support the BZA’s denial of its petition.

Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Chancellor C.K. Smith
Wilson County Court of Appeals 09/03/99