Opinions

State of Tennessee vs. Cecil Eugene McGuire
03C01-9705-CC-00191
Authoring Judge: Judge Curwood Witt
Trial Court Judge: Judge Rex Henry Ogle

The Sevier County Grand Jury indicted sixteen-year old Cecil Eugene McGuire for aggravated rape, aggravated sexual battery, and aggravated burglary. After a trial, the jury acquitted the defendant of aggravated rape and aggravated burglary but found him guilty of aggravated sexual battery and aggravated criminal trespass, a lesser grade offense of aggravated burglary. The trial court sentenced him to serve eleven years in the custody of the Department of Correction as a Range I, standard offender for the Class B felony, concurrently with eleven months and twenty-nine days for the Class A misdemeanor. Pursuant to Rule 3 of the Tennessee Rules of Appellate Procedure, the defendant presents the following issues:

1. Whether the indictments are fatally defective and thereby deprive the trial court of jurisdiction in this case.
2. Whether the evidence as a matter of law was insufficient to support the convictions.
3. Whether the trial court improperly credited and weighed the enhancement factors and imposed an excessive sentence.

After a careful review of the record and the applicable law, we find no error warranting reversal of the defendant’s convictions. We affirm the convictions, but for reasons explained below, we modify the felony sentence from eleven years to ten years.

Karen Lynn Pilcher, and husband Keith A. Pilcher, v. A.L. Moneymaker, Jr., and wife, Roberta Moneymaker
03A01-9710-CV-00482
Authoring Judge: Presiding Judge Houston M. Goddard
Trial Court Judge: Judge James B. Scott, Jr.

A. L. Moneymaker, Jr., and his wife Roberta Moneymaker appeal a judgment rendered by the Trial Court against them in the amount of $36,000 as a result of personal injuries sustained by Karen Lynn Pilcher and loss of consortium of her husband, Keith A. Pilcher. The suit arose as a result of a collision occurring on September 3, 1994, about 10:00 a.m., between a female dog named Spec, alleged to be owned by Mr. and Mrs. Moneymaker, and a bicycle being ridden by Mrs. Pilcher on Dutch Valley Road in Anderson County.

Larry G. Relford, v. William DeRochie and Steve LaFon
03A01-9712-CV-00547
Authoring Judge: Presiding Judge Houston M. Goddard
Trial Court Judge: Judge Russell E. Simmons

Larry G. Relford, an employee of William DeRochie, sued Mr. DeRochie and Steve LaFon, seeking damages for injuries received by him when he fell from a scaffold while framing a personal residence being erected for Mr. LaFon under a contract with Mr. DeRochie, the general contractor. As best we understand the complaint, it is grounded upon two theories-- first, that Mr. LaFon failed to provide a safe place for Mr. Relford to work and, second, that Mr. LaFon was, as contemplated by T.C.A. 50-6-111, a statutory employer and subject to the provisions of the Tennessee Workers' Compensation Statute.

Damon Alan Kratochvil a Minor by James L. Coone and Sonja Coone v. Danny Alan Kratochvil
03A01-9712-CH-00536
Authoring Judge: Judge Don T. McMurray
Trial Court Judge: Chancellor R. Vann Owens

In this adoption case, Danny Alan Kratochvil (respondent) appeals the trial court's order terminating his parental rights regarding his son, Damon Alan Kratochvil. The biological mother's parental rights were terminated by default judgment, and she is not a party to this appeal. We affirm the judgment of the trial court.

Jeremy P. Crye, a Minor by his next friend and Mother, Beverly A. Rogers, and Beverly A. Rogers, Individually v. Lloyd C. Norton and Mary B. Norton
03A01-9804-CV-00142
Authoring Judge: Senior Judge William H. Inman
Trial Court Judge: Judge Harold Wimberly

The plaintiff, Jeremy P. Crye, seeks to impose liability on Mary B. Morton for the act of her son, Lloyd C. Norton, in shooting him. The trial judge granted her motion for summary judgment without enlargement. The plaintiff appeals, and presents for review the issue of whether the proof relevant to the motion established a genuine dispute of a material fact, thus requiring a merit trial.

State vs. William Mack Gross
E2000-00039-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Douglas A. Meyer

Brayfield, et. al. vs. Kentucky National Ins. Co.
01A01-9701-CV-00007
Trial Court Judge: Thomas Goodall

Brown vs. McMullin, et. al.
01A01-9710-CH-00561
Trial Court Judge: Henry F. Todd

Johnson vs. Johnson
01A01-9708-CH-00410
Trial Court Judge: Tom E. Gray

Rozanne F. Wright (Folk-Schmidt) vs. Jan H. Schmidt
01A01-9708-CV-00413

George vs. Harlan
01A01-9712-CV-00692
Trial Court Judge: James L. Weatherford

State vs. Delbert Harris
01C01-9705-CC-00177
Trial Court Judge: Robert E. Burch

State vs. Demario Hill aka David Weathers
01C01-9707-CC-00444
Trial Court Judge: Robert E. Burch

Terry Hall vs. State
01C01-9710-CC-00448

State vs. William Clements
01C01-9707-CC-00247

James Newsome vs. State
01C01-9710-CR-00459
Trial Court Judge: Thomas H. Shriver

David Gibson vs. State
01C01-9710-CC-00473
Trial Court Judge: W. Charles Lee

State vs. AAA Aaron's Action Agency Bail Bond, Inc.
01C01-9710-CR-00462
Trial Court Judge: Seth W. Norman

Larry T. Carter vs. State
01C01-9710-CR-00488

State vs. Joseph Stinnett
01C01-9707-CC-00288
Trial Court Judge: James K. Clayton, Jr.

State vs. William Bradley
01C01-9708-CR-00336

State vs. Donald Wallace
01C01-9711-CC-00526
Trial Court Judge: Leonard W. Martin

State vs. Floyd Smith, II
01C01-9711-CR-00511

Philip Rene Julian, v. Beverly Ann Julian
02A01-9709-CV-00229
Authoring Judge: Judge Herschel Pickens Franks
Trial Court Judge: Judge John R. McCarroll, Jr.

In this divorce action, the husband has appealed, raising issues about the value and division of the marital property, as well as an award of attorney’s fees to the wife.

Robbie Ann Stavely Hendrix v. Billy Gene Hendrix
02A01-9712-CH-00303
Authoring Judge: Judge Herschel P. Franks
Trial Court Judge: Chancellor Joe C. Morris

In this divorce action, the Trial Judge granted the wife a divorce, ordered the defenda nt to pay alimon y in the amou nt of $400.00 a mo nth, and ch ild support for one child in the amount of $750.00, and attorney’s fees for the wife in the amount of $1,634.67. He also ordered the husband to pay certain debts of the marriage. On appeal, the husband seeks a reversal of the decree for alimony, payment of the marital debts and attorney’s fees to the wife. He also seeks a reduction in the amount of child support awarded by the Trial Judge.