State of Tennessee v. Bernard M. Wallace
W2005-01927-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge C. Creed McGinley

Following a jury trial, Defendant, Bernard M. Wallace, was convicted of possession of cocaine over point five (0.5) grams with intent to sell, a Class B felony, and possession of marijuana, a Class A misdemeanor. Defendant was sentenced to serve twenty-five years in the Department of Correction for the Class B felony, and eleven months and twenty-nine days for the Class A misdemeanor, to be served concurrently. In this appeal, Defendant argues that (1) the trial court erred in denying his motion to suppress the evidence obtained as a result of the search of a motel room; (2) the evidence was insufficient to support his convictions; (3) the trial court improperly applied the enhancement factors in determining the length of Defendant’s sentence. After a thorough review, the judgments of the trial court are affirmed.

Larry Garner v. The Goodyear Tire & Rubber Company, et al
W2005-02229-SC-WCM-CV
Authoring Judge: Senior Judge J.S. (Steve) Daniel
Trial Court Judge: Chancellor W. Michael Maloan

This workers’ compensation appeal has been referred to the Special Workers’ Compensation
Appeals Panel of the Tennessee Supreme Court in accordance with Tennessee Code Annotated
section 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and
conclusions of law. On appeal, the employer contends that the trial court erred in failing to dismiss
this claim based on the statute of limitations. After carefully reviewing the record, we agree and
reverse the judgment of the trial court.

In Re. I.C.G., B.M.D., T.N.C., & T.L.C.
E2006-00746-COA-R3-PT
Authoring Judge: Judge Sharon G. Lee
Trial Court Judge: Judge Suzanne Bailey

In this appeal, S.L.B. (“Mother”) contends that the trial court erred in terminating her parental rights to four of her five children.  Mother does not challenge the propriety of the trial court’s order terminating her parental rights as to the fifth child. After careful review of the evidence and applicable authorities, we hold that the evidence does not preponderate against the trial court’s finding by clear and convincing evidence that termination of Mother’s parental rights was in the best interest of her children.  Therefore, we affirm.

Joseph W. Wilson v. State of Tennessee
W2005-00808-CCA-R3-PC
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Roger A. Page

The Petitioner, Joseph W. Wilson, was convicted of one count of attempted second degree murder, three counts of aggravated rape, especially aggravated robbery, especially aggravated burglary, conspiracy to commit aggravated burglary, and misdemeanor vandalism. He was sentenced to seventy-one years confinement. On appeal, this Court affirmed the Petitioner’s convictions and sentences. The Petitioner petitioned for post-conviction relief claiming that he had received the ineffective assistance of counsel. The post-conviction court dismissed the post-conviction petition as untimely, and we affirm that judgment.

State of Tennessee v. Maurice Shaw
W2005-02097-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Joseph H. Walker, III

Maurice Shaw, the defendant, appeals his jury convictions for delivery and possession with intent to deliver over .5 grams of a Schedule II drug (cocaine), both offenses being Class B felonies. The defendant was sentenced as a standard offender to eleven years on each offense. The defendant contends that the evidence was insufficient to support the convictions. Specifically, he contends that no drugs were found on him; that the only eyewitness lacked credibility; and that no foundation was made for identification of the defendant’s voice during the drug transaction. Our review indicates that sufficient evidence existed that the defendant did have cocaine in his possession and that the other issues were matters of credibility determination which were resolved by the jury. Accordingly, we affirm the convictions.

State of Tennessee v. John Green
W2005-01809-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Arthur T. Bennett

John Green, the defendant, appeals his jury convictions of first degree felony murder and aggravated robbery (Class A felony). The defendant was sentenced to life in prison for first degree felony murder with a ten-year concurrent sentence for aggravated robbery. The defendant presents two issues: insufficient evidence to support the convictions, and error by the trial court in failing to suppress the defendant’s statements. We conclude from our review that the evidence was sufficient and that the defendant’s statements were properly admitted. The judgments of conviction are affirmed.

State of Tennessee v. John F. Wallace
W2005-02477-CCA-R3-CD
Authoring Judge: Judge Jerry Smith
Trial Court Judge: Judge Carolyn Wade Blackett

The appellant, John Wallace, was convicted of four counts of assault. As a result, the trial court sentenced him to four, concurrent sentences of eleven months and twenty-nine days. The trial court then placed the appellant on probation for the length of the sentence and imposed a fine of $500 for each conviction. On appeal, the appellant challenges the sufficiency of the evidence and the trial court’s imposition of the $500 fine for each conviction. Because the evidence is sufficient to support the convictions, we affirm the judgment of the trial court in that regard. However, because the trial court improperly fined the appellant $500 for each conviction when the jury was not instructed to impose a fine and the appellant did not waive his right to a jury-imposed fine, we remand the matter to the trial court for the proper assessment of a fine.

Terry D. Brewer v. State of Tennessee
W2006-00579-CCA-R3-HC
Authoring Judge: Presiding Judge Joseph M. Tipton
Trial Court Judge: Judge R. Lee Moore Jr.

The petitioner, Terry D. Brewer, filed a pro se petition for writ of habeas corpus, challenging his  forty-five-year sentence stemming from his 1989 convictions for aggravated rape with pregnancy  occurring, aggravated sexual battery, and incest. The trial court summarily dismissed the petition for writ of habeas corpus. The petitioner appeals the trial court’s dismissal and refusal to appoint counsel. The petitioner contends that his sentences are void because he was improperly sentenced under the 1982 Sentencing Reform Act instead of the 1989 Sentencing Reform Act. We conclude that the petition states no cognizable claim for relief, and we affirm the judgment of the trial court.

Gary R. Slone v. Woodcraft Manufacturing, Inc.,
E2005-01575-WC-R3-CV
Authoring Judge: Special Judge Roger E. Thayer
Trial Court Judge: Judge Ben K. Wexler

This workers’ compensation appeal has been referred to the Special Workers’ Compensation
Appeals Panel of the Tennessee Supreme Court in accordance with Tennessee Code Annotated
section 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and
conclusions of law. The trial court awarded Plaintiff 100 percent permanent disability. On appeal,
Defendants contend the trial court erred in (1) finding Plaintiff’s stroke was work-related, (2) in
awarding Plaintiff 100 percent disability, and (3) in allowing medical expenses for treatment at the
VA Hospital. We affirm the judgment of the trial court.

Brenda Woods v. State of Tennessee
W2005-02119-SC-WCM-CV
Authoring Judge: J.S. (Steve) Daniel, Sr. J.
Trial Court Judge: Nancy C. Miller-Herron, Claims Commissioner
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Tennessee Supreme Court in accordance with Tennessee Code Annotated section 9-8-43(a)(1) and Tennessee Code Annotated section 5-6-225(e)(1) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. On appeal, the employee contends that the trial court erred in awarding permanent partial disability workers' compensation benefits at a rate of 2% to the body as a whole and contends that the evidence preponderates in favor of a much higher award of benefit. After carefully reviewing the record, we affirm the commissioner's award. Tenn. Code Ann. __ 9-8-43(a)(1) 5-6-225(e)(3) Appeal as of Right; Judgment of the Claims Commission Affirmed J.S. (Steve) Daniel, Sr. J., in which Janice M. Holder, J., and Joe C. Loser, Jr., Sp. J., joined. Michell G. Tollison, Jackson, Tennessee, for the appellant, Brenda Woods. Michael B. Schwegler, Nashville, Tennessee, for the appellee, State of Tennessee. OPINION I. Facts and Procedural History Ms. Brenda Woods is an unmarried person who is the mother of three children and was forty-eight years of age when this case was tried before the Claims Commission of the State of Tennessee. She has two daughters and one son. Unfortunately one of her daughters has lupus, and her son has cystic fibrosis. Ms. Woods has and is rearing these children as a single parent. The two children with the physical disabilities lived with her at the time of the trial. Ms. Woods is a high school graduate and has taken college courses at the University of Memphis, Jackson State Community College, and the Tennessee Tech Center in Jackson, Tennessee, but has not graduated from college. She previously worked as a legal secretary for almost ten years. She then had her own consulting firm before working for Harold Ford, Sr. as a health screening coordinator. She went to work for the State in 1999 when she began her work at the West Tennessee State Penitentiary as a Counselor I. She quickly rose in classification to Counselor III and was working in such a position at the time of the work-related accident which is the subject of this lawsuit although she was facing disciplinary action. She has not returned to work for the State subsequent to the accident which is the subject of this litigation. However, she did run for political office in 25 but was unsuccessful in her bid to be elected mayor of the city of Bolivar, Tennessee. Brenda Woods was injured in the course and scope of her employment on September 9, 22, when a chair she was sitting in broke, causing her to fall to the floor and strike her left arm on her desk. The fall caused injuries to her left wrist, back and neck. The back and neck injuries ultimately resolved. Ms. Woods filed a complaint for workers' compensation benefits with the Tennessee Claims Commission for the State of Tennessee, Western Division on August 27, 23, seeking compensation for the left wrist. She later sought and obtained permission from the commission to amend her complaint to seek psychological damages for this work-related incident. Proper notice of her injury was given, and at the time of the injury she was directed first to the prison infirmity then was sent home on the day of the accident. She was seen by Dr. David ErikYakin who treated her left wrist injury. Dr. Yakin initially treated the wrist injury as a contusion, but as time passed and Ms. Woods continued to have pain and swelling, concern developed that she might have a more significant injury. It was ultimately determined by Dr. Yakin that Ms. Woods had a ligament tear in her wrist that was corrected by surgery in December 22, when a left wrist arthroscopy was performed with debridement of the triangular fibrocartilage comple (TFCC) and debridement of a partial scapholunate ligament tear. Ms. Woods continued to experience pain and complained swelling in his wrist, and she was unable to return to work or to perform housekeeping duties. Therefore, Dr. Yakin sought a second opinion from Dr. Weiker. Dr. Weikert recommended further physical therapy but no additional surgery. Dr. Yakin opined that Ms. Woods suffered an 8% impairment of the left upper extremity based on the swelling of her joint, the mild instability of the scapholunate ligament, and her problem in the TFCC region itself. He imposed work restrictions of lifting no more than five pounds and no repetitive activities with her left upper extremity. During a visit in December 22, Ms. Woods made statements that were considered an expression of suicidal ideations by members of Dr. Yakins' staff who referred her to Pathway Psychiatric Unit in Jackson, Tennessee, for psychological care. She was then seen in January 23 by Dr. Elias King Bond who specializes in psychiatry and who treated Ms. Woods sporadically over an extended period of time for depression. After seeing Ms. Woods in January, Dr. Bond next saw her in April 23 for depression and in October 23 for depression and sleep disorder, and he saw her some eleven months later in September of 24 for depression. Dr. Bond primarily treated Ms. Woods with various medications. Our review of the record reveals that on many occasions, Ms. Woods missed her appointments. Dr. Bond was of the opinion that Ms. Woods had depression related to continued pain and inability to use her left wrist. Ms. Woods is left-hand dominant. Dr. Bond made no diagnosis of Ms. Woods' psychological problems but concluded that she had sustained a permanent impairment of moderate intensity for depression. He estimated the impairment at about "15% to the body as a whole" and listed the areas that she was impaired in as "self-care, personal hygiene, travel, communication and sleep."

Kelly Lee Bowers v. G. Beeler Auto Delivery, Inc.
E2005-02006-WC-R3-CV
Authoring Judge: Special Judge Sharon G. Lee
Trial Court Judge: Chancellor John F. Weaver

This workers’ compensation appeal has been referred to the Special Workers’ Compensation
Appeals Panel in accordance with Tenn. Code Ann. § 50-6-225(e)(3) for hearing and reporting to
the Supreme Court of findings of fact and conclusions of law. The Chancellor determined that the
plaintiff was permanently and totally disabled as a result of his work-related injury. The defendant
appeals, arguing that the evidence preponderates against the trial court’s determination of disability. After careful review of the record and applicable authorities, we find no error and affirm the judgment.

State of Tennessee v. Clifford Wayne Morris
E2005-01957-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Lynn W. Brown

The Petitioner, Clifford Wayne Morris, pled guilty to attempted dissemination of a cordless telephone transmission, a Class A misdemeanor. The trial court sentenced the Defendant to eleven months and twenty-nine days with a thirty day period of incarceration to be served prior to release on probation. On appeal, the Defendant contends that the trial court erred when it sentenced him. After thoroughly reviewing the record and the applicable authorities, we reverse the judgment of the trial court.

State of Tennessee v. Jimmie Lee Hart
W2005-02938-CCA-R3-CD
Authoring Judge: Presiding Judge Joseph M. Tipton
Trial Court Judge: Judge R. Lee Moore Jr.

The defendant, Jimmie Lee Hart, was convicted of possession of one-half gram or more of cocaine with the intent to sell or deliver, a Class B felony, and was sentenced to thirty years imprisonment as a career offender. He appeals his conviction, contending (1) that the convicting evidence was insufficient and (2) that the trial court erred in refusing to instruct the jury on the meaning of the use of the Fifth Amendment right against self-incrimination. We affirm the judgment of the trial court.

State of Tennessee Department of Children's Services v. Patricia Danielle Stinson, et al.
W2006-00749-COA-R3-PT
Authoring Judge: Presiding Judge W. Frank Crawford
Trial Court Judge: Judge Danny Smith

This is a termination of parental rights case involving two minor children. The mother of both children and the father of one of the children appeal separately from the Order of the Juvenile Court of Hardin County terminating their respective parental rights. Both Appellants assert that the grounds for termination of their parental rights are not met by clear and convincing evidence in the record, and that termination of their parental rights is not in the best interest of the minor children. Because we find clear and convincing evidence in the record to support the trial court's findings, we affirm.

In Re: Estate of Spencer Brown - Dissenting
M2005-00864-COA-R3-CV
Authoring Judge: Presiding Judge William C. Koch, Jr.
Trial Court Judge: Judge Allen W. Wallace

With great reluctance, I must part ways with the court regarding the dismissal of this will contest. Based on the facts of this case, I have concluded that the trial court erred by dismissing the will contest without first disposing of Don Brown’s motion to implead additional parties and Alton Brown’s petition to intervene.

In the Estate of: Spencer Brown
M2005-00864-COA-R3-CV
Authoring Judge: Judge Frank G. Clement, Jr.
Trial Court Judge: Judge Allen W. Wallace

Four years after the contest of his uncle’s will was filed, Alton Brown filed a Tenn. R. Civ. P. 24 Motion to Intervene in the contest of his uncle’s will. The motion, however, was not accompanied by a proposed pleading setting forth the claim for which intervention was sought as required by Rule 24.03. Subsequent to the filing of the motion, an order of dismissal of the will contest was entered.  Thereafter, the movant filed his proposed pleading following which the trial court denied the Motion to Intervene based upon a finding the movant had slept on his rights. Finding no error, we affirm.

James Craven v. Corrections Corporation of America and American Home Assurance Company
W2005-01537-SC-WCM-CV
Authoring Judge: Senior Judge J. S. (Steve) Daniel
Trial Court Judge: Chancellor Dewey Whitenton

This workers’ compensation appeal has been referred to the Special Workers’ Compensation
Appeals Panel of the Tennessee Supreme Court in accordance with Tennessee Code Annotated
section 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and
conclusions of law. The defendant, Corrections Corporation of America, has appealed the trial
court’s award of 60% whole body impairment to the plaintiff, Mr. Craven. Corrections Corporation
of America contends that the trial court erred in finding that Mr. Craven sustained a compensable
psychological workers’ compensation injury, in permitting Dr. Randall Moskovitz and Dr. David
Strauser to testify as experts, and in finding that Mr. Craven gave proper notice of the work-related
injury. Corrections Corporation of America also contends that the award of temporary total  disability benefits was in error and that the award of 60% permanent partial impairment to the body as a whole was excessive. After carefully considering the record, we affirm the judgment of the trial court. We remand the case for a determination of the personal representation of Mr. Craven and a determination as to the effect of his death on the award.

Brett Allen Patterson v. State of Tennessee
M2004-01271-CCA-R3-PC
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge Michael R. Jones

Both the petitioner and his co-defendant were convicted by a jury of two counts of first degree murder, one count of aggravated rape and one count of first degree burglary. The petitioner was unsuccessful in his direct appeal to this Court. He subsequently filed a petition for post-conviction relief, which the post-conviction court denied. The petitioner was also unsuccessful in his appeal of that judgment. The petitioner filed a motion to amend his post-conviction petition to request DNA testing of evidence. The second post-conviction court denied that motion. The petitioner appeals this decision. We affirm the decision of the second post-conviction court.

Louis Tyrone Robinson v. Ricky Bell, Warden
M2006-00869-CCA-R3-PC
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Walter C. Kurtz

This matter is before the Court upon the State’s motion to affirm the judgment of the habeas corpus court by memorandum opinion pursuant to Rule 20 of the Rules of the Court of Criminal Appeals.  The Petitioner has appealed the habeas corpus court’s order dismissing the petition for writ of habeas corpus. Upon a review of the record in this case, we are persuaded that the habeas corpus court was correct in dismissing the habeas corpus petition and that this case meets the criteria for affirmance
pursuant to Rule 20 of the Rules of the Court of Criminal Appeals.  Accordingly, the State’s motion is granted and the judgment of the habeas corpus court is affirmed.

William James Jekot v. Pennie Christine Jekot
M2006-00316-COA-R3-CV
Authoring Judge: Judge Sharon G. Lee
Trial Court Judge: Robert E. Corlew, III

Theressa Joanne Booker v. Ricardo Baytonia Booker, Jr.
M2005-01455-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Chancellor Laurence M. McMillan

This is a divorce case. The trial court granted Theressa Joanne Booker (“Wife”) a divorce from Ricardo Baytonia Booker, Jr. (“Husband”), divided the parties’ property, and decreed an award of alimony in solido and alimony in futuro. Husband appeals, asserting that the division of marital
property was not equitable.  He also challenges the propriety of each of the alimony awards.  We modify the trial court’s award of alimony in futuro so as to make it an award of rehabilitative alimony.  As modified, the trial court’s judgment is affirmed.

State of Tennessee v. Mack T. Transou
W2005-02208-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge Roy B. Morgan, Jr.

This matter is before the Court upon the motion of appointed counsel seeking permission to withdraw from further representation of the Appellant in the above-captioned appeal pursuant to Rule 22, Rules of the Tennessee Court of Criminal Appeals. Counsel claims that there are no meritorious issues available for appellate review. Counsel has complied with the procedural requirements of Rule 22, Rules of the Tennessee Court of Criminal Appeals. The Petitioner, Mack T. Transou, has filed a responsive brief pursuant to Rule 22(E), Rules of the Tennessee Court of Criminal Appeals. After careful review of the motion, the accompanying Anders brief, and the appellate record, we agree with counsel’s assertion that the appeal has no merit and is, accordingly, frivolous within the meaning of Rule 22, Rules of the Tennessee Court of Criminal Appeals. Counsel’s motion to withdraw is granted and the judgment of the trial court is affirmed pursuant to Rule 20, Rules of the Tennessee Court of Criminal Appeals.

State of Tennessee, ex rel. Lakenya L. Johnson v. Otha L. Mayfield, Jr.
W2005-02709-COA-R3-JV
Authoring Judge: Presiding Judge W. Frank Crawford
Trial Court Judge: Special Judge George E. Blancett

Appellant challenges trial court’s order setting aside the consent order acknowledging paternity and ordering no child support after July 1, 2005, based on the results of DNA tests which conclusively prove that Appellee is not the father of the child.  We affirm and remand.

Shinny Leverette v. State of Tennessee
W2006-00235-CCA-R3-CO
Authoring Judge: Judge J. C. McLin
Trial Court Judge: Judge W. Mark Ward

The Petitioner, Shinny Leverette, appeals the lower court’s denial of his petition for writ of error coram nobis relief. The State has filed a motion requesting that this Court affirm the trial court pursuant to Rule 20, Rules of the Court of Criminal Appeals. Upon review of the record and the accompanying pleadings, this Court concludes that the trial court properly dismissed the petition for writ of error coram nobis. Accordingly, the State’s motion is granted and the trial court’s dismissal is affirmed.

Andre L. Dotson v. City of Memphis
W2005-01602-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Judge Karen R. Williams

This is an appeal from the dismissal of an inmate’s civil action for failure to pay costs in prior lawsuits. The plaintiff inmate, proceeding pro se, filed a complaint in the trial court against the defendant municipality alleging violations of the government tort liability act, proceeding as a pauper. The City filed a motion to dismiss the case based on Tennessee Code Annotated §41-21-812, because the plaintiff had failed to pay costs in previous lawsuits filed by him. Realizing that his lawsuit was subject to dismissal under the statute, the plaintiff then paid the initial filing fee
and cash bond for the instant lawsuit, but did not pay the costs for the prior lawsuits. The plaintiff subsequently filed a response to the City’s motion to dismiss, claiming that, although he initially was prohibited from filing the lawsuit, because he subsequently paid his filing fees for the instant lawsuit, Section 41-21-812 was not applicable. The trial court dismissed the case pursuant to the statute.  The plaintiff now appeals. We affirm.