Crum vs. Lawing
03A01-9610-CH-00320

Bell vs. Carter
03A01-9610-CH-00334

Savco vs. Century
03A01-9611-CV-00360

Gozenbach vs. Gozenbach
03A01-9609-CV-00314

Bunch vs. Bunch
03A01-9609-GS-00301

X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX

State vs. Brown
03C01-9604-CC-00140

State vs. Violet
03C01-9603-CC-00135
Trial Court Judge: Mayo L. Mashburn

State vs. Hicks
03C01-9602-CC-00064

State vs. Copeland
03C01-9605-CC-00196
Trial Court Judge: D. Kelly Thomas, Jr.

Krick vs. City of Lawrenceburg
01S01-9511-CV-00220

State vs. Chad Douglas Poole
02S01-9607-CC-00064

State vs. Chad Douglas Poole
02S01-9607-CC-00064

State vs. Downey
03S01-9604-CC-00039

State vs. Robert Gober
M1999-01425-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Robert W. Wedemeyer
The Defendant was convicted of two counts of aggravated assault. For these crimes, he was sentenced to concurrent terms of eight years to be served in the Department of Correction as a Range II, multiple offender. On appeal, he challenges the sufficiency of the convicting evidence and argues that he was improperly sentenced. We affirm the judgment of the trial court.

Flora Scruggs v. Gordon Bell - Concurring
01A01-9610-CH-00475
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Judge Holly Kirby Lillard

This case involves a dispute concerning an easement for ingress and egress. Respondents-Appellants, Gordon Bell and Sarah T. Bell, appeal from the order of the trial court 1 On October 24, 1995, Flora Scruggs transferred the property by quitclaim deed to her husband, John T. Scruggs, Sr. On January 23, 1996, the trial court entered an order substituting John T. Scruggs, Sr. in place of Flora Scruggs as the proper party in interest.However, because the trial court and the parties have continued to refer to the petitioner as Flora Scruggs, we will do likewise. 2 Scruggs actually purchased the land with John T. Scruggs, Sr. In 1982, John T. Scruggs, Sr. conveyed his interest in the land to Flora Scruggs making her the sole owner until she conveyed it back to him in 1995. 3 Old New Cut Road is referred to throughout the record as Old New Cut Road, New Cut Road, Triune, and Salem Road, or old dirt road. In this opinion, we will call the road “Old New Cut Road.” 2 granting an easement by estoppel to Petitioner-Appellee, Flora Pope Scruggs1, without compensation to the Bells.

Linda Gail Ray, v. Billy Gene Ray
01A01-9608-CH-00360
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Judge Jim T. Hamilton

This is a divorce case. Defendant, Billy Gene Ray (Husband), appeals from the judgment of the trial court dividing the marital property and awarding alimony to the plaintiff, Linda Gail Ray (Wife).

IN RE: The adoption of Brandon Kain Dicus; Scott Steel and Darla Steel v. Maryl Lou Dicus - Concurring
01-A-01-9611-CH-00502
Authoring Judge: Judge Samuel L. Lewis
Trial Court Judge: Chancellor Jim T. Hamilton

This is an appeal by defendant, Mary Lou Dicus, from the decision of the chancery court to set aside the court’s order of 18 October 1993 which amended the court’s order of adoption filed on 24 August 1993. The facts  out of which this matter arose are as follows.

George Avery Land and Stella Faye Land v. Buster Crum and Patricia L. Crum - Concurring
01-A-01-9611-CH-00524
Authoring Judge: Judge Henry F. Todd
Trial Court Judge: Chancellor Jeffrey F. Stewart

The defendants, Buster Crum and wife Patricia L. Crum, have appealed from the judgment of the Trial Court resolving a boundary dispute favorably  to the plaintiffs, George Avery Land and wife, Stella Faye Land. The sole  issue presented to this Court by the defendants/appellants is:  Whether the Chancellor erred by ruling that the common boundary line between the parties’ properties should be surveyed in the course and distance method when there were ample natural objects, landmarks, artificial monuments and lines of adjoining landowners sufficiently describing the common boundary line.

Larry R. Foster and Linda H. Johnston, v. Jay W. Shim
01A01-9512-CV-00569
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Judge Walter C. Kurtz

This appeal involves the lease of a grocery store in Nashville. Following
the landlord’s death, the trust succeeding to the landlord’s interest filed an
unlawful detainer action in the Davidson County General Sessions Court seeking
to recover possession of the property. The tenant appealed the adverse judgment
to the Circuit Court for Davidson County. The circuit court granted the trust’s
motion for summary judgment after finding that the tenant had breached the lease
by failing to make timely and sufficient lease payments. We have determined that
the summary judgment must be reversed because the trust has failed to
demonstrate that it was entitled to a judgment as a matter of law.

Memphis Publishing Company, v. Tennessee Petroleum Underground Storage Tank Board, et al.
01A01-9607-CH-00300
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Chancellor Irvin H. Kilcrease, Jr.

This case is on appeal for the second time. The Tennessee Petroleum Underground Storage Tank Board and J. W. Luna, as Commissioner of the Tennessee Department of Environment and Conservation (hereinafter “Board” or “Appellants”), have appealed from the judgment of the trial court declaring the appellee, Memphis Publishing Company (MPC), eligible for reimbursement from the Tennessee Petroleum Underground Storage Tank Fund (Fund) for remediation expenses incurred as a result of a release from its underground storage tank in August 1987. The trial court’s decision came after remand from the Middle Section of this Court in Memphis Publishing Company v. Tennessee PetroleumUnderground Storage Tank Board, No. 01A01-9305-CH-00202, 1993WL 476292 (Tenn. App. Nov. 19, 1993), perm. app. denied, c.r.o. There, the court confronted the issue of whether MPC had a right to Fund reimbursement under the Tennessee Petroleum Underground Storage Tank Act (Act), T.C.A. § 68-215-101 et seq., as originally enacted. 1 It was argued that MPC had no right to reimbursement because its release occurred prior to the effective date of the Act, July 1, 1988. This Court, speaking through Judge Lewis, held that the Act, as originally enacted, “was intended to cover, from a Fund reimbursement perspective, all releases regardless of date.” Upon remand, the trial court held the court of appeal’s decision “law of the case” and ruled as hereinabove set forth. It is urged on appeal that the decision rendered in Memphis Publishing is not the “law of the case” regarding MPC’s Fund eligibility and that the trial court erred in so holding. For reasons hereinafter stated, we affirm.

State of Tennessee v. Randy Anderson - Dissenting
01C01-9412-CC-00406
Authoring Judge: Judge Paul G. Summers
Trial Court Judge: Judge Jim T. Hamilton

I respectfully disagree with my colleagues in this case. I do not believe that the prosecutor's remarks concerning the appellant's intention to plead guilty prejudiced him or deprived him of a fair trial. As pointed out by the majority, Judge v. State1 provides five factors to be considered in assessing the prejudicial effect of improper argument. The five factors are:

1. The conduct complained of viewed in context and in light of the facts and circumstances of the case.
2. The curative measures undertaken by the court and the prosecution.
3. The intent of the prosecutor in making the improper statement.
4. The cumulative effect of the improper conduct and any other errors in the record.
5. The relative strength or weakness of the case.

State of Tennessee v. Judone A. Lee and William C. Waters
01C01-9603-CR-00081
Authoring Judge: Judge William M. Barker
Trial Court Judge: Judge Seth W. Norman

The State of Tennessee appeals as of right the Davidson County Criminal Court’s dismissal of the Appellees’ indictments for possession of cocaine with intent to sell or deliver. The trial court found that the Appellees’ protection against former jeopardy had been violated in that the Appellees had already been punished for their crimes by the State’s seizure of two vehicles used in the drug sale. The State argues on appeal that the civil forfeiture of the Appellees’ vehicles does not amount to punishment pursuant to the double jeopardy clauses of the United States and the Tennessee Constitutions. We agree and reverse the trial court.

State of Tennessee v. John W. Gilliam
01C01-9603-CC-00105
Authoring Judge: Judge William M. Barker
Trial Court Judge: Judge Cornelia A. Clark

The Appellant, John W. Gilliam, appeals as of right his conviction and consecutive sentence for one count of the unlawful carrying or possession of a weapon. He argues that the evidence introduced at trial was insufficient to sustain his conviction and that the trial court erred when it ordered his sentence for that crime consecutive to another sentence for rape. We have reviewed the record on appeal and find no merit to the Appellant’s contentions and, therefore, affirm the trial court’s
judgment.

Erica Rebecca Hurd (Deceased), by and through her parents and next friends, et al., v. David Woolfork, et al.
02A01-9607-CV-00170
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Judge Whit A. Lafon

Plaintiffs Erica Rebecca Hurd, deceased, by and through her parents and next friends, Charles and Virginia Hurd, and Cortney Deshaun Ragland, a minor, by and through his next friend, Wanda Kay Grimes, appeal the trial court’s order dismissing their wrongful death actions against Defendants/Appellees Madison County and David Woolfork, Madison County’s Sheriff. We affirm.