Opinions

State vs. Tywan Faulk
M1999-01124-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Robert W. Wedemeyer
The appellant, Tywan Faulk, appeals his conviction by a jury in the Montgomery County Circuit Court of one count of possession of more than .5 grams of cocaine with intent to deliver and within 1,000 feet of a school, a class A felony. Prior to trial, the appellant pled guilty to driving on a revoked license, a class B misdemeanor. Pursuant to the appellant's conviction for possession of cocaine with intent to deliver, the trial court imposed a sentence of fifteen years incarceration in the Tennessee Department of Correction. Additionally, the trial court imposed a sentence of thirty days incarceration in the county jail for the driving on a revoked license conviction. The trial court further ordered that the appellant's sentences be served concurrently. On appeal, the appellant presents the following issues for review: (1) whether the trial court erred in denying the appellant's motion to suppress evidence seized as a result of an unlawful detention; (2) whether the trial court erred in denying the appellant's motion for judgment of acquittal with regard to possession with intent to sell or deliver at the close of the State's case in chief as the evidence was insufficient to support the conviction; (3) whether the trial court erred by allowing the arresting officer to testify that the passenger in the appellant's car had a certain amount of cash in his possession; (4) whether the trial court erred by giving supplemental instructions to the jury without first putting the instructions in writing; (5) whether the trial court erred by repeatedly referring to the prosecutor as "General" in the presence of the jury throughout the proceeding; and, (6) whether the prejudicial effect of these errors cumulatively requires reversal of the appellant's conviction. Upon review of the record and the parties' briefs, we affirm the judgment of the trial court.

Spurlock vs. Jackson Co.
M1999-01407-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: John D. Wootten, Jr.
The appellants were hurt in a collision with a subject allegedly being pursued by county officers in a high speed chase. They sued the county, and the Circuit Court of Jackson County granted the county summary judgment. We affirm the judgment of the trial court.

Daniel Benson Taylor v. Jack Morgan, Warden
M1999-01416-CCA-R3-PC
Authoring Judge: Judge David H. Welles
Trial Court Judge: Donald P. Harris

Cruse vs. Peak
M1999-02228-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Muriel Robinson
This appeal arises from the trial court's refusal to grant the appellant's request for visitation with her granddaughter. We affirm the judgment of the trial court.

Sloan vs. Perryman
M1999-00828-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Stella L. Hargrove
This appeal arises from a breach of contract suit and action to assert priority of a mechanics lien filed by Jason Sloan ("Contractor") against Shelby Ray Perryman ("Owners") and First Farmers & Merchants National Bank ("Bank"). Contractor sought recovery for labor and materials under the contract including expenses that exceeded Contractor's original bid price. In the alternative, Contractor sought recovery under quantum meruit. The court granted Bank's motion for summary judgment on the issue of priority of liens. Following trial, the court awarded Contractor damages under an implied contract theory, limiting Contractor's recovery to the bid price. In addition, the court denied Contractor's claim for alternative recovery in quantum meruit. Contractor appeals.

Shuman vs. Parkhurst
M1999-02043-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Carol L. Soloman
James Parkhurst d/b/a Parkhurst Home Improvement appeals the trial court's final judgment awarding Ken Shuman $8,021.14 in actual damages for breach of oral construction contract and $2,406.33 in attorney's fees based upon a finding of fraud in violation of the Tennessee Consumer Protection Act. Parkhurst raised two issues on appeal, contending that the damages awarded in this home construction dispute were not legally warranted and that the trial court erred in finding fraud, therefore justifying an award for attorney's fees under the Act. We conclude that Shuman presented sufficient proof to find a violation of the Act and to support his claim for damages and for attorney's fees. Accordingly, we affirm the trial court's judgment.

State vs. Delwin Keith O'Neal
M2000-00650-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: W. Charles Lee
In 1997, the defendant pled guilty in Marshall County to aggravated assault. Pursuant to a negotiated plea agreement, he was sentenced as a Range II, multiple offender and received a six-year sentence, consecutive to a prior Montgomery County sentence. The defendant now claims his sentence does not comport with the plea agreement and asks this court to modify the sentence. Upon our review of the record, we conclude the defendant did not timely challenge his sentence and deny relief.

Gerome Smith vs. State
M1999-02511-CCA-R3-PC
Authoring Judge: Judge Gary R Wade
Trial Court Judge: Jane W. Wheatcraft
The petitioner, Gerome Smith, appeals the trial court's disposition of his petition for post-conviction relief. While granting the petitioner 60 days within which to file an application for permission to appeal to our supreme court this court's affirmance of the original conviction and sentence, the trial court otherwise denied post-conviction relief. The single issue presented for review is whether the petitioner was denied the effective assistance of counsel at trial and on appeal. Because the petitioner has been unable to meet his burden of proof, the judgment of the trial court is affirmed.

State of Tennessee v. Thomas Anderson, Jr.
II-398-102-B

Trial Court Judge: Cornelia A. Clark

State vs. Ryan Little
W1999-01033-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Chris B. Craft
Ryan J. Little was convicted of one count aggravated robbery, one count aggravated burglary, and three counts of attempted aggravated robbery. An effective twenty-four year sentence was imposed. In this appeal as of right, the appellant contests the trial court's imposition of partial consecutive sentences. The proof before this court supports the trial court's finding that the appellant is a "dangerous offender." Accordingly, we affirm the sentencing decision of the trial court.

Clemmye Berger vs. Brenda O'Brien vs. Sylvia Berger
W1999-00861-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: D. J. Alissandratos
This case involves the settlement of an estate. After the estate was settled, the trial court assessed a portion of the fees and expenses of the guardian ad litem and the attorney ad litem as costs against an intervening defendant and beneficiary of the estate. The intervening defendant appealed the assessment of these expenses to this Court. On appeal, we affirm the decision of the trial court, finding that the trial court was within its discretion to assess a portion of the fees and expenses of the guardian ad litem and attorney ad litem against the intervening defendant as discretionary costs.

State vs. Eddie Lowe
W1999-00881-CCA-R3-PC
Authoring Judge: Presiding Judge Joseph M. Tipton
Trial Court Judge: Chris B. Craft
The petitioner, Eddie Lee Lowe, appeals the trial court's denial of his petition for post-conviction relief from his second degree murder and especially aggravated robbery convictions pursuant to guilty pleas. The petitioner contends that he received the ineffective assistance of counsel because neither his juvenile court attorney nor his trial attorneys preserved his right to appeal his transfer from juvenile court to criminal court for trial as an adult. Because the petitioner had no right to an acceptance hearing in the trial court, we hold that his juvenile court attorney was not deficient for failing to move for such a hearing. Also, we hold that the petitioner has failed to show deficient performance or prejudice by the fact that his trial attorney did not seek to reserve a certified question of law on the transfer issue. We affirm the trial court's denial of the petition.

Mertis Johnson vs. Willie Steverson
W1999-00627-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: John R. Mccarroll, Jr.
This appeal arises from a dispute between Plaintiff Mertis Johnson and Defendant Willie A. Steverson regarding an automobile accident involving Ms. Johnson and Virden Steverson, Mr. Steverson's son. Ms. Johnson filed a complaint against Mr. Steverson alleging that the negligence of Virden was the cause of this accident and seeking damages for her personal injuries. At the conclusion of a jury trial on the matter, Mr. Steverson made a motion for a directed verdict, which was denied by the trial court. The jury subsequently returned a verdict in favor of Ms. Johnson and awarded her damages in the amount of $14,000.00. Mr. Steverson filed a motion for a judgment notwithstanding the verdict or, in the alternative, for a new trial, which was also denied by the trial court. For the reasons set forth below, we affirm the ruling of the trial court.

Jennifer Thomas vs. Stephen Thomas
W1999-00284-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Floyd Peete, Jr.
In this divorce case, the trial court, among other things, made a division of marital property, awarded Wife alimony in solido, made an award of child support, and ordered payments of various debts by the parties. Both parties have appealed presenting issues concerning the court's above stated actions.

State vs. Terrance Pulliam
W1999-00277-CCA-R3-PC
Authoring Judge: Judge David H. Welles
Trial Court Judge: Carolyn Wade Blackett
The Defendant, Terrence Pulliam, appeals as of right from the trial court's denial of post-conviction relief. He asserts that the trial court erred by finding that he received effective assistance of counsel at trial. The Defendant argues generally that counsel was ineffective due to failure to thoroughly investigate his case and to call relevant witnesses, failure to properly advise him throughout the process, and failure to properly impeach State witnesses. We conclude that the evidence does not preponderate against the trial court's finding that the Defendant received effective assistance of counsel at trial. Accordingly, we affirm the judgment of the trial court.

Alfred Tompkins vs. Annie's Nannies
W1999-00372-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: George H. Brown
Plaintiffs' nine year old child, Alexandria, while under the direction of her day care center, broke both kneecaps while participating in a downhill race. Plaintiffs sued the day care center on a negligence theory, arguing that the day care center breached their duty of care. The trial court directed a verdict for the day care center, finding that the injuries sustained by the nine year old were not foreseeable, and, thus, no duty of care arose. Additionally, at trial, plaintiffs' counsel made an offer of proof whereby testimony was introduced that two girls fell and bumped heads in a race immediately preceding Alexandria's. The trial court excluded this testimony from the jury. Plaintiffs allege error. We affirm.

State vs. Anthony Carlton
W1999-00407-CCA-R3-PC

Trial Court Judge: Carolyn Wade Blackett
The defendant, Anthony Carlton, was convicted by a Shelby County jury of attempted first-degree murder. Following this court's affirmance of that conviction, the defendant sought post-conviction relief in the Shelby County Criminal Court, and that court denied relief. On appeal, this court finds (1) the defendant did not prove that his trial counsel was ineffective for failing to advise him of his right not to testify, and (2) we are precluded from considering the adequacy of the defendant's appellate representation when that issue was not raised in the court below.

Teddy Tedder/Maurice Tedder vs. Union Planters
W1999-01971-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: James F. Russell
The plaintiff worked for a temporary employment agency and was assigned to work for a bank. The plaintiff fell in the bank parking lot as she was reporting to work. She filed a negligence lawsuit against the bank for her injuries. The trial court granted the bank's motion for summary judgment on the basis that the plaintiff was a co-employee of the bank under the loaned servant doctrine; therefore, the suit was precluded under the workers' compensation statute. The plaintiff appeals. We affirm, finding that the plaintiff was a co-employee of the bank under the loaned servant doctrine.

Willie James Robinson, Jr. vs. State
E1999-00945-CCA-R3-PC
Authoring Judge: Presiding Judge Joseph M. Tipton
Trial Court Judge: E. Eugene Eblen
The defendant seeks habeas corpus relief from two life sentences, claiming that the sentences are void because the trial judge failed to sign the judgments or the minutes. We hold that the failure to sign the judgments and the minutes does not render the petitioner's sentences void. The trial court is affirmed.

Bailey vs. Bailey
W1999-01000-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Joe C. Morris
This is a divorce case involving child custody. Mother and Father are divorced and have one minor child. The trial court granted custody of the minor child to Father. Mother appeals, arguing that the trial court erroneously based its decision on her lack of relationship with her father, the child's maternal grandfather. We affirm.

Emergicare Consultants vs. Barbara Woolbright
W1998-00659-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: D. J. Alissandratos
In this action, Emergicare Consultants, Inc., seeks to pierce the corporate veil of Medic Ambulance Service, Inc. Emergicare and Medic entered into a contract whereby Emergicare was to manage Medic. The purpose of the management contract was to streamline Medic in preparation for a sale to an ambulance consolidator. Emergicare claims that once it delved into the management of Medic, it discovered several abuses of the corporate form. As a result, Emergicare now seeks to pierce the corporate veil to impose personal liability on Medic's president, Barbara Woolbright, in order to recover $64,000 due under the management contract.

Nancy Nichols vs. Howard Nichols
W1999-00566-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Walter L. Evans
This is a post-divorce action on modification of child support. The parties' original divorce decree required the father to pay child support and, in addition, pay the private school tuition of one of the parties' children. Months later, the father filed a petition to eliminate his obligation to pay the tuition. The trial court referred the issue to a referee, issued an order consistent with the referee's ruling, and then later set it aside. The trial court then referred the issue to a special master for findings of fact. Adopting the findings of the special master, the trial court eliminated the father's obligation to pay the child's private school tuition. The mother appeals, arguing that there was not a significant variance justifying modification of the child support award. We reverse, finding that the basis for the trial court's modification were facts that were before the trial court at the time of the initial award, and that there are no facts in the record sufficient to support modification.

Carolyn Strange vs. Ronnie Peterson
W1999-00489-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Walter L. Evans
This case arises out of the sale of a home. The Appellants claim that the Sellers fraudulently or negligently misrepresented the condition of the home. Specifically, the Appellants claim that the Sellers failed to disclose a water problem located in the crawlspace underneath the home. For the following reasons, we affirm the finding of the trial court that the Sellers are not guilty of fraudulent or negligent misrepresentation.

Jerry Worrell vs. Ann Worrell
W1999-01786-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: L. Terry Lafferty
This appeal arises from a dispute over insurance proceeds between Nephews, as remaindermen of their Aunt's life estate, and their Aunt, as the life tenant of certain property. The trial court awarded the Aunt sole rights to insurance proceeds obtained after the destruction of that property to the exclusion of the Nephews. The Nephews appeal that ruling as well as the trial court's omission of certain hearsay testimony, and its failure to award them declaratory judgment. We affirm the rulings of the trial court.

W1999-01393-COA-R3-CV
W1999-01393-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: George R. Ellis