William David Farrar v. State of Tennessee
M2003-01888-CCA-R3-PC
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Lee Russell

The Petitioner, William David Farrar, pled guilty to one count of burglary, and the trial court sentenced him to five years in prison, to be served consecutively to another sentence in Marshall County. The Petitioner did not perfect a direct appeal, but later filed a pro se petition for post-conviction relief, which was amended by appointed counsel. After a hearing, the post-conviction court dismissed the petition, and the Petitioner now appeals, contending that the post-conviction court erred because his trial counsel was ineffective. Finding no reversible error, we affirm the judgment of the post-conviction court.

HCA, Inc., v. American Protection Insurance and Industrial Risk Insurers, et al.
M2003-02065-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Chancellor Ellen Hobbs Lyle

HCA, Inc. appeals the action of the trial court in granting summary judgment to the insurer/
defendants based upon an “inventory exclusion” provision in the policies of insurance. We reverse
the action of the trial court and remand the case for further proceedings.

 

HCA v. American Protection Insurance & Industrial Risk - Concurring
M2003-02065-COA-R3-CV
Authoring Judge: Presiding Judge William C. Koch, Jr.
Trial Court Judge: Chancellor Ellen Hobbs Lyle

I concur with the outcome of the Court’s opinion. However, I am writing separately to focus on HCA. Inc.’s burden of production in response to the insurers’ motion for summary judgment and on the effect of our construction of the “inventory exclusion” clauses in HCA’s all risk insurance contracts on this burden of production.

Citizens First Bank v. Andrew N. Hall
E2003-02678-COA-R3-CV
Authoring Judge: Presiding Judge Herschel Pickens Franks
Trial Court Judge: Judge Russell E. Simmons, Jr.

The Trial Court entered Judgment for plaintiff on loan to defendant and set off the amounts of certain forged checks on defendant's accounts with bank against plaintiff's recovery. We affirm.

Michael Dwayne Carter v. State of Tennessee
E2004-00502-CCA-R3-PC
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge Richard R. Baumgartner

The petitioner, Michael Dwayne Carter, pled guilty in May of 2002 to two counts of forgery, one count of felony theft, two counts of misdemeanor theft, one count of misdemeanor evading arrest and one count of burglary of a vehicle in exchange for an effective sentence of six years and acceptance into a "Drug Court" program. The trial court set a sentencing date. Prior to sentencing, the petitioner was charged with several other offenses. In October of 2002, the petitioner appeared for sentencing on the previous guilty pleas and entered guilty pleas on four additional counts of forgery. By agreement, the petitioner's sentences on the subsequent offenses were considered with the prior offenses, resulting in an effective ten-year sentence for all of the charged offenses. The petitioner subsequently filed a petition for post-conviction relief alleging ineffective assistance of counsel. The trial court denied the petition. For the following reasons, we affirm the judgment of the trial court.

Anthony Jackson v. State of Tennessee
M2004-01997-CCA-R3-HC
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge Cheryl A. Blackburn

In this case, the Appellant, Anthony Jackson, has appealed from the trial court's order summarily dismissing, without an evidentiary hearing, his petition for writ of habeas corpus. The State has filed a motion for the trial court's judgment to be affirmed pursuant to Rule 20 of the Rules of the Tennessee Court of Criminal Appeals. We grant the motion and affirm the judgment of the trial court.

Janna Sheya Falk v. Geary Falk
M2003-02134-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Judge C. L. Rogers

This is a divorce case involving an invalid marriage resulting from the existence of a subsisting previous marriage at the time of the parties' marriage ceremony in 1995. At the time of the parties' marriage ceremony, the purported wife's divorce from a previous marriage was still pending. The wife's divorce from her prior marriage did not become final until three and one-half months following the parties' marriage ceremony. The parties lived together as husband and wife until the wife filed for divorce in 2003. The trial court declared the parties divorced pursuant to section 36-4-101(2) of the Tennessee Code. The trial court then classified the parties' "marital" and separate property, making an equitable division of the "marital" property. The husband appeals the trial court's order granting a divorce and awarding certain property to the wife. For the reasons stated herein, we affirm in part, reverse in part, and remand to the trial court for further proceedings consistent with this opinion.

Stacy Dewayne Ramsey v. State of Tennessee
M2003-02969-CCA-R3-PC
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge John H. Gasaway, III

Appellant, Stacy Dewayne Ramsey, filed a petition for post-conviction relief challenging his conviction for first degree murder and sentence of life without the possibility of parole. The petition was timely filed. Approximately two months after the petition was filed, the post-conviction court entered an order summarily dismissing the petition without a hearing. Appellant has appealed from this order, and the State concedes that the matter should be reversed and remanded for proceedings in accordance with Post-Conviction Procedure Act. We agree and accordingly, reverse the judgment of the post-conviction court and remand this matter for proceedings in accordance with the Post-Conviction Procedure Act.

Shamain Johnson v. State of Tennessee
M2003-03084-CCA-R3-PC
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge Cheryl A. Blackburn

The Appellant, Shamain Johnson, appeals the dismissal of his petition for post-conviction relief. On appeal, Johnson collaterally challenges his convictions for class B felony possession of cocaine and two counts of sale of a counterfeit controlled substance, class E felonies. In support of his arguments, Johnson contends that: (1) his community corrections sentences, resulting from these convictions, were not statutorily authorized; (2) his plea agreement, with regard to his convictions for sale of a counterfeit controlled substance, "constitutes a plea to a non-existent offense and is therefore void;" and (3) his guilty pleas to the offenses were not knowingly or voluntarily entered. After review, we affirm the dismissal.

Ralph E. Scates v. State of Tennessee
E2004-00585-CCA-R3-CO
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge Ray L. Jenkins

The appellant, Ralph E. Scates, pled guilty to two counts of theft, attempted misdemeanor theft, and simple possession of marijuana. He was placed on unsupervised probation for eleven (11) months and twenty-nine (29) days. In January of 2004, the appellant filed a petition to expunge and seal records in both the cases in which he pled guilty and in previous cases, including several that had been dismissed or in which the grand jury had not returned a true bill. The trial court dismissed the petition. The appellant filed a timely notice of appeal challenging the trial court’s dismissal of the petition. Because the trial court properly denied the petition for expungement as to the cases which resulted in convictions, we affirm that portion of the trial court’s judgment. Because the trial court improperly denied expungement of the records relating to cases which were dismissed or where a no true bill was returned by the grand jury, we remand the case to the trial court for expungement of those records. Accordingly, we affirm in part, reverse in part, and remand the case to the trial court.

Noel and Josephine Crawley v. Hamilton County, Tennessee
E2003-03028-COA-R3-CV
Authoring Judge: Presiding Judge Herschel Pickens Franks
Trial Court Judge: Judge L. Marie Williams

Plaintiffs' action for damages against defendant was dismissed by summary judgment on grounds that "fringe benefits" provided by defendant was plaintiff's exclusive remedy. We vacate the summary judgment.

State of Tennessee v. Linda Overholt
E2003-01881-CCA-R3-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Judge Rebecca J. Stern

Convicted of five counts of selling marijuana, the defendant, Linda H. Overholt, appeals and challenges the sufficiency of the convicting evidence, the prosecutor's trial conduct, various evidentiary rulings of the trial court, the denial of judicial diversion, and the trial court's sentencing determinations. Because the record supports the judgments of the trial court, we affirm the convictions and sentences.

Sandra Claudine Morrow Howard v. Mark Anthony Howard
02660-COA-R3-CV
Authoring Judge: Presiding Judge Herschel Pickens Franks
Trial Court Judge: Chancellor Jerri S. Bryant

The Trial Court’s classification, evaluation and division of marital property was appealed by the
husband. We affirm the Judgment of the Trial Court.

State of Tennessee v. Michael E. Johnson, Jr.
M2004-01542-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Russell Heldman

The defendant appeals the trial court's denial of probation. The defendant pled guilty to a reduced charge of possession of marijuana for resale and agreed to a six-year sentence as a Range I offender. Following a hearing to determine the manner of service, the trial court denied probation and ordered the defendant to serve his sentence in confinement. Upon careful review, we affirm the trial court's denial of probation; however, we remand the matter for the limited purpose of entry of a corrected judgment.

Amy Owens v. Ronnie Owens
W2003-03077-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Chancellor William Michael Maloan

This is a divorce action. The trial court designated Wife as the primary residential parent of the parties’ minor child and awarded Husband visitation. It also awarded wife alimony of $415 per month for 16 years. Husband appeals. We affirm designation of Wife as the primary residential
parent and the award of visitation to Husband. We modify the alimony award to an award of rehabilitative alimony of $415 per month for a period of five years.

State of Tennessee v. Kenny Lynn Evans
W2003-03083-CCA-R3-PC
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Judge Lee Moore

The petitioner, Kenny Lynn Evans, appeals the dismissal by the Dyer County Circuit Court of his petition for post-conviction relief. On appeal, the petitioner argues that he was denied the effective assistance of counsel at trial. After review of the record, we affirm the denial of post-conviction relief.

Ronnie Weddle v. State of Tennessee
W2003-03041-CCA-R3-PC
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge Donald H. Allen

The petitioner, Ronnie Weddle, appeals the dismissal by the Madison County Circuit Court of his petitions for post-conviction relief. On appeal, the petitioner argues that he was denied the effective assistance of counsel in connection with a previously negotiated plea agreement that disposed of two narcotics-related offenses. Upon review of the record, we affirm the denial of post-conviction relief.

Hannah Harris, et al., v. Baptist Memorial Health Care Corporation, et al.
W2004-00012-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Judge Robert L. Childers

Following the death of their premature daughter, the mother and father filed a medical malpractice
lawsuit against several defendants, including the mother’s treating physician. The trial court granted the doctor’s motion for summary judgment. We affirm since our supreme court has expressly stated that Tennessee does not recognize a cause of action for loss of chance.
 

Aabert F. Joseph v. Ex Parte
M2004-01651-COA R3-CV
Authoring Judge: Judge William H. Inman, Sr.
Trial Court Judge: Judge Thomas W. Brothers

The appellant filed an ex parte petition for name change, but failed to pay a portion of the filing fee (20%). The petition was dismissed. We affirm.

State of Tennessee v. Frank D. Grundy
M2003-02775-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge Robert E. Burch

The trial court found that Defendant, Frank D. Grundy, violated the terms of his eight-year community corrections sentence. It ordered him to serve one year "day for day" in the county jail before serving the remainder of his community corrections sentence. On appeal, Defendant argues the trial court's imposition of "day for day" sentencing was improper. We conclude the trial court imposed an illegal sentence and remand for entry of an appropriate amended order.

John Jay Hooker v. Bill Purcell
M2003-03107-COA-R3-CV
Authoring Judge: Judge Frank G. Clement, Jr.
Trial Court Judge: Chancellor Claudia C. Bonnyman

Plaintiff appeals the denial of his Tenn. R. Civ. P. 60.02(3) motion by which he sought to be relieved from a final judgment that dismissed his complaint for failing to state a claim upon which relief could be granted. Plaintiff argues that the order dismissing his action was "void" because the trial court lacked jurisdiction to dismiss his action. We affirm.

Michael Neely v. Ricky Bell, Warden
M2004-01012-CCA-R3-HC
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Steve R. Dozier

The petitioner appeals the summary dismissal of his petition for writ of habeas corpus, arguing that the trial court imposed a sentence which was illegal and void because it was ex post facto; that trial counsel was ineffective; and that his pleas of guilty were not voluntary and knowing. Following our review, we affirm the judgment of the trial court dismissing the petition.

Jackson Energy Authority v. William T. Diamond, Jr.
W2004-01090-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Judge Donald H. Allen

This case involves the timeliness of an appeal from General Sessions Court to Circuit Court. The plaintiff utility company sued the defendant building owner in General Sessions Court for past due utility payments. On July 28, 2003, the General Sessions Court entered a judgment in favor of the plaintiff. On August 1, 2003, the defendant filed a petition to rehear, seeking to have the judgment set aside. On August 6, 2003, the General Sessions Court denied the petition to rehear. On August 18, 2003, the defendant filed a notice of appeal for a de novo review in Circuit Court. The Circuit Court dismissed the appeal on the basis that it was not filed within ten days of the final General Sessions judgment entered on July 28, 2003. The defendant now appeals that decision, arguing that the ten-day time limitation was tolled by his General Sessions petition to rehear. We affirm, concluding that the time limitation for filing an appeal to Circuit Court is not tolled by a petition to rehear filed in General Sessions, because no statute grants the General Sessions Court authority to hear such a petition to rehear.
 

Michael Underwood v. Tennessee Department of Correction
W2004-01630-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Chancellor J. Steven Stafford

This is a petition for certiorari seeking review of the department’s disciplinary proceedings. The
petitioner, a prisoner, was disciplined for abuse of his telephone privileges. He appealed the
disciplinary charges against him through the administrative process, with no success. He then filed the petition for certiorari in the trial court below, seeking review of the adverse administrative
decisions against him. The trial court dismissed the petition for certiorari, because it was not verified and it did not allege that it was the first application for the writ as required under T.C.A. § 27-8-106. The petitioner now appeals that decision. We affirm.
 

State of Tennessee, ex Relation of Darron Clayton v. Tony Parker, Warden
W2004-00001-CCA-R3-HC
Authoring Judge: Judge J. C. McLin
Trial Court Judge: Judge R. Lee Moore Jr.

The Petitioner, Darron Clayton, appeals the trial court's denial of his petition for habeas corpus relief. The State has filed a motion requesting that this Court affirm the trial court's denial of relief pursuant to Rule 20, Rules of the Court of Criminal Appeals. Because Petitioner has failed to show either that his sentence has expired or that the trial court was without jurisdiction, we grant the State's motion and affirm the judgment of the lower court.