State of Tennessee v. Tommy G. Benham
M2000-02357-CCA-R3-CD
Authoring Judge: Presiding Judge Gary R Wade
Trial Court Judge: Judge J. Randall Wyatt, Jr.

The defendant, Tommy G. Benham, was convicted of two counts of attempted aggravated robbery, a Class C felony. The trial court sentenced the defendant as a Range III, persistent offender to eleven years on each count, to be served concurrently. In this appeal of right, the defendant argues that the state failed to provide notice that it would seek enhanced punishment, as required by Tennessee Code Annotated section 40-35-202(a). The judgments of the trial court are affirmed.

State of Tennessee v. Tommy G. Benham - Dissenting
M2000-02357-CCA-R3-CD
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge J. Randall Wyatt, Jr.

Because I believe the majority opinion essentially reduces the requirements of Tennessee Code Annotated section 40-35-202 (a) to a superfluity, I must respectfully dissent.

Maurice Schwegman v. Shelby Howard
M2001-00845-COA-R3-CV
Authoring Judge: Judge Buddy D. Perry
Trial Court Judge: Irvin H. Kilcrease, Jr.
Maurice Schwegman filed a complaint alleging claims for breaches of fiduciary duty by appellees, Shelby D. Howard and Malcolm L. Greeno, in their capacity as shareholders with Schwegman in a closely held corporation, breaches of fiduciary duty by Howard and Greeno in their capacity as officers and directors of the closely held corporation, and for breach of contract between Howard and Schwegman with respect to the assignment of an interest in another closely held company. The chancellor granted the appellees' motion for summary judgment and dismissed the case. We reverse as to the breach of contract issue and affirm as to all other issues.

George Hamilton, V v. Stardust Theatre
M2001-00678-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Carol L. Mccoy
A singer/songwriter brought a copyright infringement suit against a country music theater, its manager and its owner. The defendants admitted to the unlicenced use of the plaintiff's trademark, but argued that the plaintiff did not suffer any damages from their infringement. The trial court did not agree, and awarded the plaintiff over $90,000. We reverse in part, because we believe that the evidence preponderates against the court's award of damages.

Gordon McCammon v. William Gifford
M2001-01357-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Walter C. Kurtz
This appeal involves a guest of two residents of a campground who was badly burned when a can of paint thinner ignited in his hosts' camper. The guest filed a negligence action in the Circuit Court for Davidson County against his hosts and the owner of the campground. The trial court dismissed the claims against the owner of the campground on summary judgment after concluding that the owner's duty to render aid ended once the guest's brother undertook to provide this assistance. We affirm the summary judgment because the record contains no evidence that the guest's brother was incompetent to come to his aid.

State of Tennessee v. Alda Michelle Paetz
M2001-01012-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Robert E. Burch

The Defendant entered a plea of nolo contendere to vehicular homicide by reckless driving. Pursuant to her plea agreement, the Defendant received a four-year sentence, with the manner of service of the sentence to be determined by the trial court. Following a sentencing hearing, the trial court ordered that the Defendant serve her entire four-year sentence in the Tennessee Department of Correction. The Defendant now appeals, arguing that she should have received some form of alternative sentencing. We conclude that the record supports the trial court's denial of alternative sentencing and therefore affirm the judgment of the trial court.

Tammy Pierce v. Michael Pierce
M2001-01727-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Muriel Robinson
In 1994, a father, who had failed to comply with a child support order, was sentenced to jail for six months or until he paid the arrearage of $23,800. A month later the trial court suspended the sentence upon the defendant's promise to pay $10,000 immediately and to pay the balance by October 15, 1995 in quarterly installments. The order provided that if the defendant failed to meet the conditions in the suspension order the suspended sentence would be revoked if the mother filed an appropriate motion. In 2001, the trial court found the defendant guilty of criminal contempt and ordered him to serve the balance of the six month sentence for failing to comply with the 1994 suspension order. We reverse the order finding the defendant in criminal contempt.

Exxon Corporation v. Metropolitan Government Of
M2000-00614-SC-R11-CV
Authoring Judge: Justice Frank F. Drowota, III
Trial Court Judge: Carol L. Mccoy

Jerry Huddleston vs. Ramsdale O'Deneal
W2001-02064-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Roy B. Morgan, Jr.
Plaintiff sued defendant for legal malpractice seeking compensatory and punitive damages. The Circuit Court of Madison County, Tennessee found defendant liable to the plaintiff for compensatory damages in the amount of $100.00, but dismissed plaintiff's claim for punitive damages. Plaintiff has appealed. We affirm.

State of Tennessee v. Ross Burger
E2001-00941-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Carroll L. Ross

Defendant appeals the trial court's denial of placement in the Community Corrections Program. Denial of placement in Community Corrections Program for untruthfulness and failure to report to begin sentence of incarceration was not abuse of discretion. We affirm.

State of Tennessee v. Carolyn Wheeler
M2001-00337-CCA-R3-CD
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge Seth W. Norman

The appellant was sentenced on November 24, 1997 for two convictions, theft of property valued in excess of $10,000 and forgery. Two concurrent three year sentences were imposed with incarceration for one year followed by two years of community corrections. Restitution was not ordered until the appellant's sentenced had expired, and she brings this appeal maintaining that the trial court lacked jurisdiction to impose restitution following the expiration of her sentence. The State concedes that the restitution order in this case was entered following the expiration of the appellant's sentence and is therefore in contravention of Tennessee Code Annotation section 40-35-304(g)(2). We agree and reverse the order of restitution entered in this case.

Victoria Henry v. Timothy Goins
M2000-02663-COA-R3-CV
Authoring Judge: Sr. Judge William H. Inman
Trial Court Judge: Hamilton V. Gayden, Jr.
The suit of the plaintiffs was dismissed for failure to prosecute. The judgment did not provide that the dismissal was without prejudice. More than thirty days after entry of the Order of Dismissal, the plaintiffs filed a Rule 60.02 Motion that the Order of Dismissal be set aside. Their failure to file a timely motion was attributed to the asserted excusable neglect of a paralegal who assumed that a motion filed by a cross-claimant sufficed for the plaintiffs as well. The trial judge set the Order of Dismissal aside. We hold that the conduct of the paralegal cannot be treated as excusable neglect. A defendant, Robert Orr-Sysco Food Systems Company ["Robert Orr-Sysco"], incurred reporting expenses before a non-suit was taken by the plaintiffs. The defendant moved for discretionary costs which were disallowed. We reverse.

Nelda Age v. HCA Health Svcs. dba Centennial Medical Center
M2001-01286-COA-R3-CV
Authoring Judge: Sr. Judge William H. Inman
Trial Court Judge: Hamilton V. Gayden, Jr.
This is an action for damages for personal injuries to a patient who claims that her injuries resulted from the ordinary negligence of the Hospital's employees, as contrasted to their medical malpractice. The trial judge concluded, in ruling on the motion of the Hospital for summary judgment, that the event described by the plaintiff, if actionable, sounded in malpractice, thus requiring expert proof. We agree. The motion of the appellee to recover discretionary costs was denied without elaboration. We find that certain costs identified in Rule 54.04(2) are properly recoverable.

Charles Ivey v. Pat Hamlin
M2001-01310-COA-R3-CV
Authoring Judge: Sr. Judge William H. Inman
Trial Court Judge: Robert E. Burch
This is an action for damages for the deliberate killing of a dog by a Deputy Sheriff. The owner of the dog claims damages under 42 U.S.C. Section 1983 for the alleged violation of his 14th Amendment rights, the witnesses to the shooting sue for damages for the infliction of emotional distress. The motion of the Deputy and the County for summary judgment was denied.

Carolyn Stovall v. Lois Clarke
M2001-00810-COA-R3-CV
Authoring Judge: Sr. Judge William H. Inman
Trial Court Judge: Russell Heldman

Carolyn Stovall v. Lois Clarke
M2001-00810-COA-R3-CV
Authoring Judge: Sr. Judge William H. Inman
Trial Court Judge: Russell Heldman

Martin Door & Window v. Thomas Donegan d/b/a The Construction Team
M2001-01230-COA-R3-CV
Authoring Judge: Sr. Judge William H. Inman
Trial Court Judge: C. K. Smith

Martin Door & Window v. Thomas Donegan d/b/a The Construction Team
M2001-01230-COA-R3-CV
Authoring Judge: Sr. Judge William H. Inman
Trial Court Judge: Charles K. Smith

Martin Door & Window v. Thomas Donegan d/b/a The Construction Team
M2001-01230-COA-R3-CV
Authoring Judge: Sr. Judge William H. Inman
Trial Court Judge: Charles K. Smith

M2001-01735-COA-R3-JV
M2001-01735-COA-R3-JV
Authoring Judge: Sr. Judge William H. Inman
Trial Court Judge: Tim Brock

Calvin Tankesly v. Sgt. Pugh, et al.
M2000-01520-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: Ellen Hobbs Lyle

State of Tennessee v. Carolyn A. Wooster
02992-CCA-R3-CD
Authoring Judge: Presiding Judge Gary R. Wade
Trial Court Judge: Judge Leonard W. Martin

The defendant, Carolyn A. Wooster, was convicted of aggravated child abuse and neglect, a Class A felony. The trial court imposed a sentence of 15 years. In this appeal, the defendant asserts that (1) the evidence was insufficient to support her conviction and (2) the trial court’s failure to give an augmented unanimity instruction was reversible error. The judgment of the trial court is affirmed.

State of Tennessee v. Antonio Coach
W2001-01673-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge R. Lee Moore Jr.

The Appellant, Antonio Coach, appeals from the Lake County Circuit Court's denial of his pro se petition for writ of habeas corpus. On appeal, Coach asserts that the trial court's summary dismissal of his petition for writ of habeas corpus without requiring the State to file a responsive pleading was error. Coach further asserts that his sentence is void because the juvenile court failed to make findings of fact before his transfer to circuit court. After review, we affirm the judgment of the trial court.

State of Tennessee v. Larry Ammons
W2001-00834-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Joseph H. Walker, III

The defendant was convicted in 1993 of three counts of aggravated burglary, and the trial court imposed three concurrent three-year sentences. In 1995, the defendant was convicted of one count of burglary and five counts of aggravated burglary. The trial court imposed a four-year sentence for the burglary count and six-year concurrent sentences for each of the aggravated burglary counts. The defendant's latter sentences were to be served consecutively to his previous three-year sentence, with probation granted as to all sentences. Subsequently, a petition to revoke the defendant's probation was filed, alleging that the defendant had failed to report to his probation officer and failed to pay restitution as ordered. Following a hearing, the court revoked the probation, and the defendant timely appealed. On appeal, the defendant claims that there was insufficient evidence to revoke his probation, that his due process rights were violated, and that he received ineffective assistance of counsel during his probation revocation hearing. After a thorough review of the record, we affirm the judgment of the trial court but remand for entry of a corrected order revoking probation only as to Docket No. 6112.

State of Tennessee v. Rodney M. Butler
W2001-01084-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge Donald H. Allen

The Defendant, Rodney M. Butler, was indicted by a Madison County grand jury for one count of unlawfully driving or being in physical control of a motor vehicle while under the influence of an intoxicant, one count of unlawfully driving or controlling a motor vehicle with a blood or breath alcohol concentration of .10% or more, and one count of driving under the influence, fourth offense. The Defendant was convicted on all three counts. The trial court merged counts one and two into count three, and, after a sentencing hearing, sentenced the Defendant as a Range II offender to four years in the Department of Correction and reduced the jury-imposed fine of $15,000 to $10,000. On appeal, the Defendant contends that the evidence was insufficient to prove that he was in physical control of the motor vehicle and also contends that he was improperly sentenced. We affirm the judgment of the trial court.