APPELLATE COURT OPINIONS

Vernon West v. State of Tennessee

W1999-01604-CCA-R3-PC

Vernon West appeals the Shelby County Criminal Court's dismissal of his petition for post-conviction relief. West collaterally attacks his conviction for second degree murder upon the grounds of ineffective assistance of counsel. Specifically, he contends that trial counsel was ineffective for failing to file a motion to sever, for failing to investigate the case and for failing to call two witnesses to testify at trial. After review of the record, we affirm the trial court's denial of post-conviction relief.

Authoring Judge: Judge David G. Hayes
Originating Judge:Judge W. Fred Axley
Shelby County Court of Criminal Appeals 02/12/01
Felipe Aguirre v. James and Patsy Chambers, d/b/a Big C

E2000-00980-WC-R3-CV
Plaintiff Felipe Aguirre suffered the loss and amputation of his arm as a result of a traffic accident allegedly occurring in the course of his employment with defendant. The circuit court found the accident to be unconnected to his employment and dismissed his suit. We affirm.
Authoring Judge: William H. Inman, Sr. J.
Originating Judge:O. Duane Sloan, Circuit Judge
Knox County Workers Compensation Panel 02/12/01
In Re: Sierra Cheyenne Satterwhite

E2000-02107-COA-R3-CV
The Maternal Grandparents of the Minor Child filed a petition to terminate the biological father's and Mother's parental rights to Minor Child and to adopt her. The Minor Child, who was born out of wedlock, had lived with her Maternal Grandparents all of her life. She viewed her grandparents as her parents. Default judgment was granted against Mother. Father never supported the child and had limited visitation with her. The Trial Court terminated both the biological Father's and Mother's parental right's. Father appealed. We affirm the decision of the Trial Court.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:W. Frank Brown, III
Hamilton County Court of Appeals 02/12/01
Tommy C. Smith v. Continental Casualty Ins. Company and Leggett and Platt, Inc., et al

M2000-00574-WC-R3-CV
The plaintiff, Tommy C. Smith, appeals the judgment of the Chancery Court of Rutherford County where the trial court found that the plaintiff failed to carry his burden of proof that he sustained a compensible injury as defined by Tennessee Code Annotated _ 5-6-12(12). For the reasons stated in this opinion, We affirm the judgment of the trial court.
Authoring Judge: Tom E. Gray, Sp.J.
Originating Judge:Don R. Ash, Chancellor
Smith County Workers Compensation Panel 02/12/01
Gerald Atkins v. Wozniak Industries, Inc.,

W2000-00665-WC-R3-CV
Employee suffered a brown recluse spider bite while at work. The incident resulted in infectious eczematoid dermatitis that affected his ability to work by causing swelling, interfering with sweating, severe itching and required employee to be cautious of overheating from direct rays of sunlight, justifying an award of forty percent to the body as a whole.
Authoring Judge: Joe H. Walker III, Sp. J.
Originating Judge:George R. Ellis, Chancellor
Gibson County Workers Compensation Panel 02/12/01
Roy Malone vs. Harleysville Mutual In. Co.

E2000-01308-COA-R3-CV
This matter involves a dispute concerning a fire and casualty insurance policy ("Policy") which covered an apartment complex, Star Chase Apartments. Harleysville Mutual Insurance Company ("Defendant") was the insurance carrier, and the named insured was John L. Oliver, LLC ("Oliver"). A fire in one of the apartment buildings caused substantial damage. Approximately six months later, Oliver sold Star Chase to Roy M. Malone, Sr. ("Plaintiff"), prior to starting any repairs to the burned building. Oliver also assigned to Plaintiff his right to the proceeds under the Policy, and Defendant acknowledged this assignment. The Trial Court found that Plaintiff, as Oliver's assignee, was entitled to recover the replacement cost of the burned building, plus prejudgment interest. The Trial Court denied Plaintiff recovery for business loss. Plaintiff appeals the amount awarded to him as the replacement cost and the Trial Court's denial of any additional recovery for business loss. Defendant argues that the assignment of the "proceeds" to Plaintiff did not entitle Plaintiff to recover any amount as replacement cost for repairs done after the assignment. Defendant also objects to the amount of the replacement cost found by the Trial Court and to the awarding of prejudgment interest. We reverse the Trial Court's award of prejudgment interest and affirm all other aspects of the judgment.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Howell N. Peoples
Hamilton County Court of Appeals 02/12/01
State of Tennessee v. Kevin Wayne Brim

M1999-01925-CCA-R3-CD

The defendant appeals from the revocation of his probation, contending that the trial court erred in ordering consecutive sentences. We affirm the judgment of the trial court.

Authoring Judge: Judge Joseph M. Tipton
Originating Judge:Judge Timothy L. Easter
Williamson County Court of Criminal Appeals 02/09/01
Barbara Jo Heck, et al v. City of Sevierville

E2000-00464-COA-R3-CV

In this suit the Plaintiffs seek damages for injuries received by Barbara Jo Heck when she slipped on a patch of ice and fell on property owned by the City of Sevierville. The Trial Court found that the City had no actual or constructive notice of the presence of the ice causing Mrs. Heck to fall and, accordingly, dismissed the complaint. We affirm under Rule 10(a) of the Court of Appeals.

 

Authoring Judge: Presiding Judge Houston M. Goddard
Originating Judge:Judge Rex Henry Ogle
Sevier County Court of Appeals 02/08/01
Tommie A. Drumwright v. Anderson Hickey Company and

W1999-00817-WC-R3-CV
The plaintiff, Tommie A. Drumwright, appeals the judgment of the trial court which found the plaintiff failed to carry her burden of proving a work-related injury and dismissed her claim. For the reasons stated in this opinion, We affirm the judgment of the trial court.
Authoring Judge: W. Michael Maloan, Sp. J
Originating Judge:Martha B. Brasfield, Chancellor
Anderson County Workers Compensation Panel 02/07/01
State of Tennessee v. Tiffany R. Weatherspoon

W2000-00971-CCA-R3-CD

The defendant, Tiffany R. Weatherspoon, pled guilty in the Hardin County Circuit Court to the Class B felony of unlawful possession of over .5 grams of a Schedule II controlled substance, to wit: cocaine, with the intent to manufacture, deliver, or sell. She received the agreed-upon sentence of eight years, as a Range I offender, and a $2,000 fine. The trial court denied alternative sentencing and ordered that the defendant be incarcerated. She appealed, arguing that the court erred in denying alternative sentencing. Based upon our review, we affirm the order of the trial court.

Authoring Judge: Judge Alan E. Glenn
Originating Judge:Judge C. Creed McGinley
Hardin County Court of Criminal Appeals 02/07/01
State of Tennessee v. John E. Parnell

W1999-00562-CCA-R3-CD

The defendant was convicted by a Shelby County jury of criminally negligent homicide and aggravated child abuse. The trial court sentenced him to concurrent sentences of two years for the homicide charge and twenty years for the aggravated child abuse charge. In this appeal as a matter of right, the defendant alleges (1) he was incompetent to stand trial, and (2) the evidence was insufficient to sustain the guilty verdict for aggravated child abuse. The defendant was indicted in count one for aggravated child abuse by treating the child in a manner so as to inflict injury; the defendant was indicted in count two for aggravated child abuse by neglecting the child so as to adversely affect his health and welfare; the jury was instructed to consider count two only if the defendant was found not guilty of count one; the jury found guilt only as to count one; the jury never returned a verdict on count two; and the evidence is insufficient to sustain the verdict under count one. Although the evidence overwhelmingly establishes guilt of aggravated child abuse by neglect as alleged in count two, the jury's failure to return a verdict on this count requires a remand for retrial on count two. We affirm the conviction for criminally negligent homicide.

Authoring Judge: Judge Joe G. Riley
Originating Judge:Judge Joseph B. Brown
Shelby County Court of Criminal Appeals 02/06/01
John Hapney, et al., v. James Warren, et al.

E2000-00783-COA-R3-CV

In this case the plaintiffs are seeking damages for personal injuries received in a vehicle accident. The plaintiffs were exiting the interstate and were bumped from the rear by the vehicle driven by Mrs. Warren. While other facts relating to the accident were disputed, it was undisputed that there was no physical injury to either of the vehicles or their contents. The police were not called to the scene and no report was made. The plaintiffs filed suit to collect damages for injuries to Mrs. Hapney's neck which she claimed were received in the accident. The jury found no negligence on the part of the defendants. One of the doctors, who saw Mrs. Hapney, testified for the defendants in the case as to causation of Mrs. Hapney's injuries. In their motion for a new trial and on appeal, the plaintiffs contend that the trial court erred in admitting the testimony of the doctor. The trial court denied the motion for a new trial. The plaintiffs appeal challenging the jury verdict and the admission of the doctor's testimony. We affirm the trial court.

Authoring Judge: Judge Houston M. Goddard
Originating Judge:Judge O. Duane Slone
Sevier County Court of Appeals 02/06/01
Jerry Trusty, et al., v. Capri Robinson, et al.

M2000-01590-COA-R3-CV

This appeal arises from a landlord-tenant dispute over damage to residential property. After the landlords obtained a $3,600 judgment in the Smith County General Sessions Court, the tenants appealed to the Circuit Court for Smith County. A jury awarded the landlords $4,500. On this appeal, the appellants assert that the trial court erred by (1) permitting the landlords' lawyer to exercise a peremptory challenge in a racially discriminatory manner, (2) permitting the landlords' lawyer to make prejudicial statements to the jury during opening argument, (3) providing a supplemental instruction in response to the jury's question, and (4) failing to enter a detailed order denying their motion for new trial. We find nothing deficient in the trial court's order denying the motion for new trial. In addition, the absence of either a transcript or a statement of the evidence or proceedings prevents us from considering the substance of the tenants' other issues. Accordingly, we affirm the judgment and find that the appeal is frivolous.

Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Judge Clara W. Byrd
Smith County Court of Appeals 02/06/01
James Robert Whitworth v. State of Tennessee

W2000-02000-CCA-R3-PC

The petitioner, who is currently in the custody of the Mississippi Department of Corrections, entered pleas of guilty in 1974 in the Shelby County Criminal Court to the offenses of assault and battery with intent to rape and attempt to commit a felony, to wit: crime against nature. In 2000, he filed a petition to vacate and set aside these sentences, claiming that his pleas of guilty were not voluntary, that his counsel had been ineffective, and that he was innocent of the charges. The post-conviction court dismissed the petition as untimely, the statute of limitations having expired before it was filed; and the petitioner timely appealed. Based upon our review, we affirm the order of the post-conviction court dismissing the petition as untimely.

Authoring Judge: Judge Alan E. Glenn
Originating Judge:Judge James C. Beasley, Jr.
Shelby County Court of Criminal Appeals 02/06/01
Bradley J. Brown v. Mickey Joe Rogers

M2000-01277-COA-R3-CV

The biological father appeals the termination of his parental rights which allowed the adoption of his two children by the stepfather after the mother's death. Although the evidence that the father abandoned his children was clear and convincing, the proof, when supplemented with post-judgment facts, was insufficient to determine whether termination of parental rights was in the best interests of the children. We remand for a hearing on the children's best interests.

Authoring Judge: Judge Patricia J. Cottrell
Originating Judge:Judge Don R. Ash
Rutherford County Court of Appeals 02/05/01
Kenneth Crotts v. Benchmark Mechanical Contractors,

W1999-00711-WC-R3-CV
The plaintiff, Kenneth Crotts, appeals the judgment of the Circuit Court of Hardin County which found the plaintiff failed to carry his burden of proving an injury by accident and dismissed his claim. For the reasons stated in this opinion, We affirm the judgment of the trial court.
Authoring Judge: W. Michael Maloan, Sp. J,
Originating Judge:C. Creed Mcginley, Judge
Hardin County Workers Compensation Panel 02/05/01
Ronald L. Davis v. Donal Campbell

M1997-00234-COA-R3-CV

This appeal involves a dispute between a prisoner serving a 99-year sentence and the Department of Correction regarding the calculation of the prisoner's release eligibility date. After the Department declined to issue a declaratory order changing his release eligibility date, the prisoner filed an action in the Chancery Court for Davidson County asserting that the Department had incorrectly classified him as a Class X felon because he had not been convicted of a Class X crime, and he had not received credit for jail time served prior to his prison sentence. The Commissioner of Correction moved to dismiss the complaint, and the trial court, after converting the Commissioner's motion to a motion for summary judgment, dismissed the prisoner's complaint. On this appeal, the prisoner essentially reargues the same issues raised in his complaint. We have determined that the trial court correctly concluded that the material facts are not in dispute and that the Commissioner is entitled to a judgment as a matter of law. Accordingly, we affirm the summary judgment

 

Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Chancellor Irvin H. Kilcrease, Jr.
Davidson County Court of Appeals 02/05/01
State of Tennessee, ex Rel. Elisa Crippen, v. Lawrence Johnson

E1999-01855-COA-R3-CV

This case concerns the modification of a child support award. In addition to the child for whom support was set in the instant case, the obligor father had three other children. At one point in the past, he was required by court order to support these three other children; but, by the time of the hearing below, his obligation had been terminated except for an arrearage on which he was continuing to pay. In determining the proper award in the instant case, the trial court considered the father's other three children and deviated from the Child Support Guidelines due to the father's "hardship." The State, as assignee of the mother's right to child support, appeals. We modify the trial court's award.

 

Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Judge Carey E. Garrett
Knox County Court of Appeals 02/02/01
State of Tennessee v. Billy J. Coffelt

M1998-00337-CCA-R3-CD

The petitioner appeals the trial court's denial of his motion for delayed appeal regarding his petition for post-conviction relief. We remand the case to the trial court.

Authoring Judge: Judge Joseph M. Tipton
Originating Judge:Judge Cheryl A. Blackburn
Davidson County Court of Criminal Appeals 02/01/01
Evelyn Logue, v. Shelbyville Housing Authority, et al.

M1999-02555-COA-R3-CV

The controlling issues in this appeal are (1) whether under the terms of an employee policy manual the dismissed employee was something other than an employee at will, and (2) whether the action of the Board of the Shelbyville Housing Authority in upholding the dismissal was arbitrary or illegal or lacked material evidence to support it. The Chancery Court of Bedford County reviewed the record and found that the Board’s action was supported by substantial and material evidence and was not arbitrary nor illegal. We affirm.

Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Chancellor Tyrus H. Cobb
Bedford County Court of Appeals 02/01/01
Katrinka Stalsworth, et al vs. Robert Grummon

M2000-02352-COA-R3-CV
This appeal involves the dismissal of a patient's medical malpractice complaint pursuant to Tenn. R. Civ. P. 41.02. After the patient voluntarily dismissed her first complaint following opening arguments, the Circuit Court for Sumner County ordered her to pay her surgeon $3,023.85 in discretionary costs. The patient did not pay the discretionary costs she had previously been ordered to pay. After the patient refiled her complaint, the trial court stayed the proceedings on the surgeon's motion and later dismissed the patient's complaint for failure to prosecute and for failure to comply with the court's order directing her to pay the surgeon's discretionary costs. On this appeal, the patient asserts that the trial court erred by dismissing her renewed complaint. We affirm the trial court because the patient had ample warning that her claim was subject to dismissal and had been afforded a reasonable opportunity to comply with the trial court's order directing her to pay the surgeon's discretionary costs.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Arthur E. Mcclellan
Sumner County Court of Appeals 01/31/01
State of Tennessee v. Sammy Goff

W1999-01976-CCA-R3-CD

The defendant, after being convicted by a jury of first degree murder and sentenced to life without the possibility of parole, appeals his conviction and asserts that the trial court erred in three respects: (1) the trial court incorrectly allowed testimony from three witnesses attacking the defendant's reputation for truthfulness; (2) the trial court erred in allowing the State to question the defendant about a prior felony conviction; and (3) the trial court erred in allowing testimony about a prior statement made by the defendant. After review, we affirm the trial court's rulings in all respects.

Authoring Judge: Judge John Everett Williams
Originating Judge:Judge Roger A. Page
Chester County Court of Criminal Appeals 01/31/01
Sharon Glenn v. Gordon Construction, Inc., et al.

M2000-01805-COA-R3-CV
Plaintiff filed suit against construction company for negligent repair of tornado damage to her home. Parties submitted an Agreed Order of Compromise, Settlement, and Dismissal which was signed by the trial court and filed on the same day it was received. The construction company retained new counsel and filed a motion to set aside the order. Plaintiff sought contempt because the construction company refused to comply with the Agreed Order. Months later Plaintiff issued execution against construction company after failure to comply with the terms of the Agreed Order and garnished over $11,000 from its bank account. The trial court denied a motion to quash execution filed by the construction company. The construction company appeals arguing that the agreed order could not have been entered after one of the parties withdrew consent for the settlement. We affirm the decision of the trial court.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Carol L. Mccoy
Davidson County Court of Appeals 01/31/01
State vs. Ewing

W2000-01190-COA-R3-PC
This is an appeal by a juvenile from an order of the circuit court granting the State's motion to dismiss her petition for post-commitment relief. The grounds stated in the petition are that she was given an illegal sentence when the juvenile court, having found her delinquent in that she committed "theft under $500.00, violation of aftercare," imposed a determinate sentence of 2 years. We reverse and remand.
Authoring Judge: Judge David R. Farmer
Originating Judge:Roy Morgan
Madison County Court of Appeals 01/31/01
Walter Cunningham/David Cunningham vs. John Patterson

W2000-01486-COA-R3-CV
This is a tort case involving trespass, assault and battery. The plaintiffs, father and son, sued the defendant, the son's neighbor, after an altercation between the father and the neighbor. Following a bench trial, the trial court found, by a preponderance of the evidence, that the defendant committed trespass against the son, and assault and battery against the father, and the trial court awarded compensatory and punitive damages. The defendant neighbor appeals. We affirmed in part, reverse in part and modify, finding that there is not clear and convincing evidence to support an award of punitive damages, and that the evidence preponderates in favor of a reduced amount of compensatory damages.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Robert L. Childers
Shelby County Court of Appeals 01/31/01