Joseph Turley vs. Francis P. Marino, et al
M2000-01684-COA-R3-CD
Authoring Judge: Judge William B. Cain
Trial Court Judge: Walter C. Kurtz
Appellant, Joseph Turley, was charged with two counts of criminal contempt by the trial court in an order issued May 3, 2000. The trial court appointed a special prosecutor to pursue this matter and appointed the public defender to represent the appellant. The trial on June 15, 2000 resulted in a trial court finding of guilty, after which the appellant was sentenced to 48 hours in jail. Turley appeals, and we affirm the judgment of the trial court.

Don Williams vs. Donal Campbell
M2000-01821-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Ellen Hobbs Lyle
A prison disciplinary board extended the release eligibility date of an inmate, after finding him guilty of assaulting a guard. He filed a petition for writ of certiorari which challenged the method used by the Department of Correction to calculate his new release eligibility date. The trial court dismissed the petition. We affirm.

Larry W. Hopkins vs. Bd. of Paroles
M2000-01956-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Ellen Hobbs Lyle
This appeal involves a prisoner's efforts to be paroled from his sentence for aggravated rape. After the Tennessee Board of Paroles declined for the sixth time to parole him, the prisoner filed a petition for common-law writ of certiorari in the Chancery Court challenging the Board's latest decision and the procedure used to reach it. The trial court dismissed the petition for failure to state a claim upon which relief could be granted, and the prisoner has appealed. We affirm the trial court's decision.

Betty J. Nash vs. G.L. Waynick
M2000-02096-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: John J. Maddux
This appeal involves a dispute over the sale of a single family home in DeKalb County. The purchaser filed suit in the Circuit Court for DeKalb County alleging that the seller had violated the Tennessee Consumer Protection Act and the Tennessee Residential Property Disclosures Act. More than two years after the first two summonses were returned unserved, the purchaser caused a third summons to be issued that was served on the seller. The trial court entered a $27,000 default judgment against the seller on June 21, 2000, after concluding that the seller had been properly served and had presented no defenses to the purchaser's claims. On this appeal, the seller, who has been representing himself throughout these proceedings, asserts that he did not violate either the Tennessee Consumer Protection Act or the Tennessee Residential Property Disclosure Act and that the trial court erred by not considering his statute of limitations defense. We have determined that the purchaser's suit is time-barred for failure to comply with Tenn. R. Civ. P. 3. Therefore, we reverse the judgment and remand the case with directions that the purchaser's complaint be dismissed.

State of Tennessee v. C. Curtis Brown
W1999-01933-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Bernie Weinman

The defendant, after having his authority to write bonds in the 30th Judicial District revoked, appeals the trial court's decision and asserts that there was insufficient evidence to support the trial court's findings. Furthermore, the defendant asserts that the trial court's action was excessive. After review, we affirm the trial court in all respects.

State of Tennessee v. Richard Crawford - Dissenting
W2000-00335-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge W. Otis Higgs, Jr.

Our law provides: “A person charged with an offense has no burden to prove his innocence.”  TENN.CODE ANN.§39-11-201(c). Because I am unable to disregard this most basic principle of law, I am also unable to affirm the judgment of conviction in this case.

State of Tennessee v. Sherman Shaw
W2000-00384-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge Carolyn Wade Blackett

A Shelby County jury convicted the defendant of aggravated robbery. The trial court sentenced him to 15 years as a Range II multiple offender. In this appeal, the defendant alleges (1) the trial court erroneously admitted the defendant's custodial statement; (2) the evidence was insufficient to sustain the defendant's conviction; (3) the cumulative effect of the trial court's errors requires a new trial; and (4) the defendant's sentence is excessive. After a thorough review of the record, we affirm the judgment and sentence imposed by the trial court.

State of Tennessee v. Richard Crawford
W2000-00335-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge W. Otis Higgs, Jr.

Defendant, Richard Crawford, was convicted at a bench trial of theft of a motor vehicle valued over $10,000. On appeal, the defendant raises the following two issues for our review: (1) whether the evidence was sufficient to support his conviction for theft; and (2) whether the value of the vehicle was properly established. The judgment of the Shelby County Criminal Court is affirmed.

LaKreasha Kimble v. State of Tennessee
W2000-00715-CCA-R3-PC
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Joseph B. Dailey

This is an appeal of a denial of post-conviction relief. The petitioner and two codefendants were each convicted of murder in the perpetration of robbery and of especially aggravated robbery for the robbery and killing of a man who had given them a ride in his car. The petitioner appealed her convictions to the post-conviction court, arguing, inter alia, that her counsel provided ineffective assistance by his failure to petition for a severance of trial from her codefendants. The post-conviction court denied relief, finding the petitioner's claims to be without merit. Based upon a thorough review, we affirm the post-conviction court's denial of relief.

State of Tennessee v. David Johnson
W1998-00687-CCA-R3-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Judge Chris B. Craft

The defendant appeals from his Shelby County Criminal Court conviction and sentence for second degree murder. The trial court sentenced the defendant to 37 years in the Department of Correction as a Range II multiple offender. In this direct appeal, the defendant complains that the evidence is insufficient; that double jeopardy barred his retrial following the grant of a mistrial; that Jencks Act material, police reports, and arrest histories of state witnesses were improperly withheld; that he was not allowed to impeach a key witness in violation of his confrontation rights; that the trial court erred in ruling that his prior convictions could be used to impeach him if he testified; that the jury was improperly instructed; and that his sentence is excessive. We are unpersuaded that reversible error occurred and therefore affirm the judgment and sentence of the trial court.

Earnest L. White v. State of Tennessee - Order
W2000-01908-CCA-R3-PC
Authoring Judge: Judge Jerry L. Smith

The petitioner, Earnest L. White, appeals the order of the Shelby County Criminal Court summarily dismissing his habeas corpus/post-conviction petition without conducting an evidentiary hearing or appointing counsel. Though styled as a petition for habeas corpus relief, White asserts therein that ten of his 1984 convictions should be set aside because of constitutional infirmities in the process surrounding the entry of his guilty pleas for these offenses. As the issues raised provide no basis for habeas corpus relief but rather set out traditional post-conviction concerns, the trial court considered this pro se petition as one for post-conviction relief. However, the trial court thereafter found that the petition had been filed past the applicable statute of limitations and, therefore, dismissed the petition. After a review of the record before this Court, we find that the judgment of the trial court should be affirmed pursuant to Rule 20, Tennessee Court of Criminal Appeals.

Billy J. Grooms v. State of Tennessee
E2000-00958-CCA-R3-PC
Authoring Judge: Presiding Judge Gary R Wade
Trial Court Judge: Judge Rex Henry Ogle

The petitioner, Billy J. Grooms, appeals the trial court's denial of a pro se petition to correct an illegal judgment/sentence. The trial court's order of dismissal is affirmed.

Mitchell Hall v. Cracker Barrel Old Country Store
E2000-00470-WC-R3-CV
Authoring Judge: John K. Byers, Sr. J.
Trial Court Judge: W. Frank Brown, III, Chancellor
The plaintiff brought this workers' compensation claim in which he alleges a drawer fell on his foot while he was working for the defendant. The trial judge found the plaintiff failed to show an injury by accident arising in the scope and course of his employment and dismissed the case. We affirm the judgment of the trial court.

Rickey Cotten v. Board of Paroles
M2001-00875-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: Walter C. Kurtz
Petitioner was arrested in Florida for grand theft auto while on parole under a sentence in Tennessee. After beginning his sentence on the Florida conviction in a Florida prison, the Petitioner filed a "request for leave to waive revocation hearing, admission to violation of parole and request to have parole hearing in absentia and affidavit" with the Board of Paroles of Tennessee. The Board did not respond, so Petitioner filed a writ of mandamus with the Circuit Court for Davidson County to compel the Board to render a decision regarding his parole revocation. The trial court denied the writ and dismissed the petition because mandamus was not the appropriate remedy and the Petitioner was not in custody of the State of Tennessee for the purposes of parole revocation. We agree and affirm the decision of the trial court.

Bertha Smith vs. Harley Smith
M1998-00937-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: Carol A. Catalano
The issues in this post-divorce case arise because the former husband's waiver of military retirement pay in order to receive disability benefits affected the former wife's receipt of her portion of the retirement pay which had been awarded to her in the distribution of marital property. The former husband reduced his payments to the former wife, who filed a contempt petition, seeking to reinstate the previously ordered amounts. The trial court considered the intent embodied in the divorce decree, and determined that the former wife should continue to receive the amount she received at the time of the divorce, despite the fact that the former husband no longer received "retirement pay." In light of our Supreme Court's holding in Johnson v. Johnson, No. W1999-01232-SC-R11-CV, 2001 WL 173502 (Tenn. Feb. 23, 2001), we affirm.

Johnny & Mary Jo Harper, et al vs. Melvin Sloan, et al
M2000-01104-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: William H. Inman
This appeal involves the determination of whether the trial court erred in determining that a pathway known as Jaybird Lane was a public road. Additionally, the trial court found that the road had not been abandoned and thus granted summary judgment to the Defendants. For the following reasons, we affirm the ruling of the court below in all respects.

Janice Sadler, d/b/a Xanadu Video vs. State
M2000-01103-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
The owner of a business filed a claim in the Tennessee Claims Commission for the loss of the business caused by a construction project that temporarily hindered ingress and egress to the claimant's location. The Claims Commissioner awarded the claimant the value of her business after finding that the State had negligently prolonged the construction project and had created a temporary nuisance. We reverse.

Tony Willis v. Dept of Correction
M2000-01397-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: Ellen Hobbs Lyle

Tony Willis v. Dept of Correction
M2000-01397-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: Ellen Hobbs Lyle

State of Tennessee v. Joseph Vella
E2000-01149-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge Mary Beth Leibowitz

The Defendant, Joseph Vella, appeals as of right from his criminal trespass conviction. He asserts that the evidence presented at trial was insufficient to support his conviction. We disagree; accordingly, we affirm the judgment of the trial court.

Angela Mccoin v. Lumbermens M Utual Casualty
M2000-00813-WC-R3-CV
Authoring Judge: Howell N. Peoples, Special Judge
Trial Court Judge: James E. Walton, Circuit Judge
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated _ 5-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. The employer appeals the trial court award of thirty-five percent disability to the arm, and the award of temporary total disability and temporary partial disability benefits after the employee had returned to work for another employer. We affirm.

Egyptian Lacquers Manufacturing Company, et al. v. Megan Lee Rainey, et al.
M2000-00658-WC-R3-CV
Authoring Judge: Howell N. Peoples, Special Judge
Trial Court Judge: Russell Heldman, Circuit Judge
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated _ 5-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. The trial court found the deceased worker had two dependent children entitled to receive workers' compensation death benefits. The issue is whether the presumption of dependency was rebutted for the older child. We affirm the trial court. Tenn. Code Ann. _ 5-6-225(e) (1999) Appeal as of Right; Judgment of the Circuit Court Affirmed. HOWELL N. PEOPLES, SP. J., in which ADOLPHO A. BIRCH, JR., J. and JOE C. LOSER, JR., SP.J., joined. Jay R. Slobey, Nashville, Tennessee, for the Appellant Tiffany Shatrell Rainey, Minor, by Next Friend and Natural Mother, Cynthia Diane Humphreys Murphy. Phillip R. Newman, Franklin, Tennessee, for the Appellee Megan Lee Rainey. Gerald C. Wigger, Nashville, Tennessee, for the Appellee Egyptian Lacquer Manufacturing Company and Reliance Insurance Company. 1 MEMORANDUM OPINION 1. Johnny Vincent Rainey (Mr. Rainey) was employed by Egyptian Lacquers Manufacturing Company (Egyptian Lacquers) on June 23, 1999. On that date, Mr. Rainey suffered a work-related accident. Mr. Rainey, due to injuries from the accident, died on July 4, 1999. Mr. Rainey was survived by two minor children, Megan Lee Rainey (Megan) and Tiffany Shatrell Rainey (Tiffany). The eldest, Megan, was born on November 11, 1981 to Mr. Rainey and his then wife, Pamela Kay Deal (Ms. Deal). The youngest, Tiffany, was born out-of-wedlock to Mr. Rainey and Cynthia Diane Humphreys Murphy (Ms. Murphy) on September 8, 1988. In 1985, Mr. Rainey and Ms. Deal were divorced. As part of the divorce decree, Mr. Rainey was ordered to pay $55 per week in child support to Ms. Deal on behalf of Megan. This obligation was not changed or altered at any time prior to Mr. Rainey's death. After the divorce, Mr. Rainey quickly and permanently fell behind in his child support payments. However, Megan spent most weekends with Mr. Rainey's mother, Ms. Bettie Jewell (Ms. Jewell). Ms. Jewell also provided financial support to Megan in the form of purchasing school supplies, clothing, and other items. Apparently, an informal agreement was reached between Ms. Deal, Mr. Rainey, and Ms. Jewel that Ms. Jewell's support and care stood in place of Mr. Rainey's child support payments. Mr. Rainey frequently saw Megan on the weekends she was with Ms. Jewell. At these visits, Mr. Rainey gave Megan money, usually $2.-$3., though sometimes more for special occasions, such as an impending vacation. Ms. Deal was aware of Tiffany and was under the belief that Tiffany and her mother, Ms. Murphy, would be unable to survive without the financial support of Mr. Rainey. This was a factor in Ms. Deal's decision to not actively pursue the back due child support from Mr. Rainey. Mr. Rainey provided health insurance for both Megan and Tiffany through the group insurance plan offered by his employer, Egyptian Lacquers. Also, Mr. Rainey had one or more life insurance policies listing Megan and Tiffany as beneficiaries. Egyptian Lacquers filed this action to determine who should receive the death benefit under the Tennessee Workers' Compensation Act. Egyptian Lacquers and its insurer have since paid the monies currently due into the Williamson County Clerk's Office and expressed a willingness to pay whatever benefits are awarded as a result of this litigation. This litigation centers on a dispute between Megan, who turned 18 and became a high school senior during the action below, and Ms. Murphy, as next friend and natural mother of Tiffany. The trial court found that both Megan and Tiffany were both "actual dependents" pursuant to Tenn. Code Ann. _5-6-21. Accordingly, the trial court ordered that Megan and Tiffany were each to receive one-half of the death benefits owed under Tenn. Code Ann. _5-6-21, so long as each qualifies for said benefits under that statute. 2

State of Tennessee v. Prentiss Phillips
W2000-00245-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge James C. Beasley, Jr.

The defendant was convicted by a Shelby County jury of first degree murder and especially aggravated kidnapping. He was sentenced by the jury to life without the possibility of parole for the murder conviction. He also received a sentence of twenty-five years for the especially aggravated kidnapping conviction, to be served consecutively to his life sentence. The events of this case arose out of a confrontation between rival gangs living in the Hurt Village Apartments in Memphis. The defendant, a high-ranking member of the Gangster Disciples, was prosecuted for the crimes on a theory of criminal responsibility. In this appeal as of right, the defendant challenges the sufficiency of the evidence to support his convictions. After a thorough review of the extensive record in this case, we conclude that the evidence is sufficient to show that the defendant, acting with the intent to promote the commission of the charged offenses, directed and aided other members of the Gangster Disciples in the commission of the offenses. His convictions for first degree murder and especially aggravated kidnapping are, therefore, affirmed.

State of Tennessee v. Srirasack Srisavath
M2000-02159-CCA-R3-CD
Authoring Judge: Presiding Judge Gary R Wade
Trial Court Judge: Judge Timothy L. Easter

The defendant, Srirasack Srisavath, was convicted of possession of marijuana with intent to sell. The trial court imposed a sentence of one and one-half years and assessed a fine of $2,000.00. In this appeal of right, the defendant challenges the propriety for the investigatory stop which led to the discovery of the marijuana. Because the stop was not adequately supported by articulable facts, the trial court erred by overruling the motion to suppress evidence. The judgment is, therefore, reversed and the cause dismissed.

State of Tennessee v. Brad Stephen Luckett
M2000-00528-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge J. Steve Daniel

The Defendant was convicted by a jury of driving under the influence of an intoxicant, second offense. In this direct appeal, the Defendant contends that the trial court erred by admitting the results of his breath-alcohol test. The Defendant argues that the State failed to prove that he was continuously observed for twenty minutes prior to taking the test, and that one of the requirements for the admissibility of the test results was therefore not satisfied. We affirm the judgment of the trial court.