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State of Tennessee v. Jashua Shannon Sides
E2000-01422-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge Rebecca J. Stern

This is a state appeal from the suppression of evidence. The defendant was indicted for driving under the influence (DUI), second offense, and leaving the scene of an accident. The defendant filed a motion to suppress which the trial court granted. In this appeal, the state alleges that the trial court erroneously concluded the defendant was unlawfully arrested, or, in the alternative, the order of suppression was overbroad. Upon review of the record, we modify the order of suppression to allow evidence gathered prior to the unlawful arrest. We remand for further proceedings.

State of Tennessee v. Jashua Shannon Sides - Dissenting
E2000-01422-CCA-R3-CD
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge Rebecca J. Stern

I must dissent from the holding of the majority opinion in this case for the following reasons:

State of Tennessee v. Noah J. Love
E2000-00254-CCA-R3-CD
Authoring Judge: Presiding Judge Gary R Wade
Trial Court Judge: Judge Joseph F. DiRisio & Judge Douglas A. Meyer

The defendant, Noah J. Love, appeals the trial court's denial of his motion to correct his sentence. The single issue presented for review is whether the trial court properly denied relief. Because the trial court had no jurisdiction to amend the sentence four years after the defendant had been transferred to the Department of Correction, the judgment is reversed.

Norma Tillman vs. Leo Haffey, et al
M2000-02196-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Frank G. Clement, Jr.
Plaintiff filed a complaint on August 30, 1999 alleging a cause of action for malicious prosecution and abuse of process arising out of a suit filed against her by defendants. Plaintiff's cause of action accrued when the defendants, as the plaintiffs in the underlying case, voluntarily dismissed their case on September 14, 1998. When plaintiff filed the complaint, summons was issued by the court clerk, but was retained by plaintiff's counsel and returned unserved. An alias summons was issued on November 1, 1999, and defendants were served November 5, 1999. Defendants filed a motion to dismiss, which was granted by the trial court on the ground that the case was barred by the statute of limitations reasoning that the filing of the suit and retaining the process did not toll the running of the statute of limitations. Plaintiff has appealed. We vacate and remand.

Shannon Smith, et al. v. State of Tennessee
W1999-01708-CCA-R3-PC
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Bobby H. Capers

Pursuant to a plea agreement, the Petitioners in the instant case each pled guilty to one count of murder in the perpetration of a robbery under Tennessee Code Annotated section 39-13-202, one count of especially aggravated robbery under Tennessee Code Annotated section 39-13-403, and one count of aggravated assault under Tennessee Code Annotated section 39-13-102. The Petitioners were sentenced to concurrent sentences of life, twenty-five years, and six years, respectively. On April 20, 1995, the Petitioners filed a petition for post-conviction relief. Special Judge Bobby Capers was appointed to hear the post-conviction petition. The trial court heard the Petitioners' petition between August 9, 1999 and August 19, 1999, and granted post-conviction relief to Petitioners Smith and Versie. On December 3, 1999, the State filed a notice of appeal, challenging the post-conviction court's findings that neither of the Petitioners received effective assistance of counsel. After a thorough review of the record, we conclude that the trial court was correct in granting post-conviction relief to the Petitioners. The judgment of the post-conviction court is affirmed.

State of Tennessee v. Timothy C. Jewell, Jr.
W2000-00998-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Arthur T. Bennett

The Defendant pleaded guilty to one count of aggravated burglary, a Class C felony, and two counts of theft over one thousand dollars, Class D felonies. The trial court sentenced the Defendant to an effective sentence of three years incarceration in the local workhouse. The Defendant now appeals, arguing that the trial court erred in denying him alternative sentencing. Finding no error, we affirm the judgment of the trial court.

State of Tennessee v. Calvin T. Barham
W2000-00871-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge Roger A. Page

Defendant entered a best interest plea of guilty to possession of cocaine with the intent to sell and was sentenced to four years on community corrections. The plea attempted to reserve a certified question of law relating to the suppression of evidence. Upon our review of the record, we conclude that we do not have jurisdiction to address the certified question of law. The appeal is dismissed.

Aubrey Lightford vs. Allen Lightford
W2000-02712-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: D. J. Alissandratos
Husband appeals final decree of divorce presenting issues pertaining to amount of child support and division of marital property. Husband did not file a transcript of the evidence, nor did he file a statement of the evidence. We affirm.

Lindsay, Pamela, & John Taylor vs. Al Beard/Southeastern Freight
W2000-02768-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Robert L. Childers
This case involves the application of the statute of limitations to personal injury claims. The plaintiffs are the parents of a minor child who was injured in an automobile accident with the defendant in October 1995. The plaintiffs reached a settlement agreement with the defendants for compensation of their child's injuries, and the parties filed a joint petition with the trial court to have the settlement approved. For reasons which are unclear in the record, the trial court failed to approve the settlement. In February 1999, the plaintiffs withdrew the joint petition to approve the settlement and substituted a claim for damages on behalf of the minor child as well as the parents. In May 1999, the defendants filed a motion for summary judgment on the individual claims of the parents, arguing that these claims were barred by the one-year statute of limitations. The trial court granted the defendants' summary judgment motion. The plaintiffs appealed. We affirm, finding that the issues raised on appeal were not raised to the trial court and therefore cannot be considered on appeal.

Antonio Sweatt vs. Billy Compton
W2001-00002-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: R. Lee Moore Jr.
This appeal arises from a specialist physician's recommendation that the appellant, an inmate, undergo nasal surgery. The Utilization Review Committee of the Tennessee Department of Correction denied the appellant's recommended surgery. The appellant filed a complaint against the appellees, prison employees of the Lake County Regional Correctional Facility, alleging federal constitutional violations, negligence, and medical malpractice. The appellees filed a motion for summary judgment. The trial court granted the motion for summary judgment. On appeal, this Court reversed the grant of summary judgment in favor of the appellees on the Eighth Amendment claim that arose out of the delay in the recommended surgery and remanded for further discovery. This Court affirmed the grant of summary judgment in favor of the Appellees on all other claims. The trial court permitted the parties to conduct further discovery on the Eighth Amendment claim concerning the delay in the recommended surgery. The trial court granted summary judgment to the appellees. The appellant appeals the trial court's grant of summary judgment in favor of the appellees. For the reasons stated herein, we affirm the trial court's decision.

Clark Earls vs. Shirley Earls
M1999-00035-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Russell Heldman
This extraordinary appeal involves the efforts of one party to effectuate an opinion of this court which the Tennessee Supreme Court declined to review. On the first appeal, this court reversed portions of the trial court's final decree and remanded the case with specific directions regarding the details of the order to be entered. After the Tennessee Supreme Court denied the wife's application for permission to appeal, the husband asked the trial court to enter an order consistent with the directions in this court's opinion. After conducting two hearings, the trial court declined to enter the proposed order. We have granted the husband's application for an extraordinary appeal because the trial court, by its refusal to enter a judgment consistent with this court's opinion, has so far departed from the accepted and usual course of judicial proceedings that immediate review of its actions is required. We now (1) vacate the trial court's orders filed after March 29, 2001, (2) direct the clerk of the trial court to enter this opinion and the order accompanying it as the final order in this proceeding, and (3) direct that this case be assigned to another judge in the Twenty-First Judicial District for any further proceedings.

Cyrus D. Wilson v. State of Tennessee
M2000-01237-CCA-R3-PC
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge Seth W. Norman

The Defendant, Cyrus D. Wilson, was convicted by a jury of first degree murder and sentenced to life in prison. His conviction was affirmed on direct appeal.¹ The Defendant subsequently filed for post-conviction relief alleging that he had received ineffective assistance of counsel at trial and that his trial was tainted by due process violations. After an evidentiary hearing the post-conviction court denied relief. The Defendant now appeals as of right. The judgment of the post-conviction court is affirmed.

State of Tennessee v. Antonio Teran Seay
M2000-01696-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge John D. Wootten, Jr.

Upon his guilty plea, the Defendant was sentenced to two concurrent ten year sentences to be served on community corrections. Several months into service of his sentences, the Defendant was arrested and his community corrections sentences were revoked. The trial court subsequently resentenced the Defendant to two consecutive ten year sentences. The Defendant now appeals, contending that the trial court was without authority to impose consecutive sentences and that consecutive sentences are improper. We affirm the trial court's judgment.

State of Tennessee v. Jerry Lynn Sanders
W2000-01163-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge Julian P. Guinn

The Defendant, Jerry Lynn Sanders, appeals from his convictions of aggravated burglary, theft of property less than $500.00, and possession of a Schedule VI controlled substance. He asserts that the evidence presented at trial was insufficient to support his convictions and that the trial court erred by denying his request to admit into evidence a notarized statement wherein the alleged victim stated that he wanted to dismiss the charges in this matter. We find no error; thus, we affirm the judgment of the trial court.

State of Tennessee v. William Tony Melton
W2000-01742-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge C. Creed McGinley

The Defendant pleaded guilty to manufacturing methamphetamine, a Schedule II controlled substance. The Defendant was sentenced as a Range I standard offender to five years in the Tennessee Department of Correction. The Defendant now appeals, arguing that the trial court erred in denying him alternative sentencing. Finding no error, we affirm the judgment of the trial court.

State of Tennessee v. Rain Thomas Chesher
W2000-01701-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge Julian P. Guinn

A jury convicted the Defendant of first degree premeditated murder, and he was sentenced to life imprisonment. In this direct appeal, the Defendant contends that he received ineffective assistance of counsel at trial and challenges the sufficiency of the evidence. We affirm the judgment of the trial court.

Linda O'Mary vs. Protech Builders, Inc.
E2000-02539-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Dale C. Workman
The plaintiff, Linda O'Mary, brought this action against the defendant, Protech Builders, Inc., seeking damages for the defendant's alleged faulty construction of an addition to the plaintiff's home. Before trial, the parties entered into a settlement agreement, under the terms of which the defendant agreed to perform certain repairs, including "replac[ing]" any wood in the back wall of the addition showing signs of water damage, and to pay the plaintiff $2,000 in attorney's fees. When the defendant refused to remove several water-damaged studs from the back wall, the plaintiff filed a motion seeking, inter alia, to set the case for a full trial on the merits. The trial court found that the plaintiff was unreasonable in demanding that the water-damaged studs be removed. The court below concluded that the defendant's efforts to perform the repairs, along with its payment of $2,000 to the plaintiff, operated as an accord and satisfaction. The trial court denied the plaintiff's motion and dismissed her complaint. We reverse and remand for further proceedings.

Arlanda Haynes v. Steel Fabricators, Inc.,
W2000-00329-SC-WCM-CV
Authoring Judge: Wil V. Doran, Sp. J.
Trial Court Judge: Joe C. Morris, Chancellor
The appellant presents the following issues for review: (1) Does the evidence preponderate against the trial court's ruling that the plaintiff failed to give proper notice to his employer of his gradually occurring injury to his right arm and back?; (2) Does the evidence preponderate against the trial court's ruling that the plaintiff has no permanent disability? After a review of the entire record, briefs of the parties and applicable law, we affirm the trial court's judgment.

State of Tennessee v. Dwayne Simmons
M2000-01199-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Robert L. Jones

The defendant, indicted for the false reporting of a bomb threat at an elementary school, was convicted of the offense of harassment, and fined $1000. No motion for a new trial was filed. In a pro se appeal to this court, the defendant raises essentially four issues: (1) whether he was denied effective assistance of counsel; (2) whether he was denied the right to testify at trial; (3) whether the State withheld exculpatory evidence; and (4) whether the evidence was sufficient to support his conviction of harassment. After a careful review of the record and applicable law, we affirm the judgment of the trial court.

Laverne M. Lain, Jr. v. State of Tennessee
M2000-00605-CCA-R3-PC
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge L. Craig Johnson

The petitioner appeals from the denial of his post-conviction petition, contending that his guilty plea was not entered voluntarily and intelligently and that he received the ineffective assistance of counsel. We affirm the trial court's denial of the petition.

State of Tennessee v. Ronald Stanley
M2000-00790-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Steve R. Dozier

The Defendant pled guilty to selling over twenty-six grams of cocaine, possession with intent to sell over 300 grams of cocaine, and possession with intent to sell between ten and seventy pounds of marijuana. As to his conviction for possession with intent to sell over 300 grams of cocaine, the Defendant reserved the following certified question of law: whether the search warrant was void for execution more than 120 hours after issuance. We hold that the five-day period in which a search warrant must be executed is to be computed using calendar days rather than hours. Thus, a search warrant is valid if executed by midnight of the fifth day after its issuance, with the calculation of days to exclude the day of issuance. We further hold that the search warrant in this case was properly executed within the five-day period and therefore affirm the judgment of the trial court.

Douglas L. Dutton, Albert J. Harb And Amy v. Hollars, Knoxville, Tennessee, For Appellees.
E2000-02459-C0A-R3-CV
Trial Court Judge: Dale C. Workman

Brian Boyd vs. Bill Berrier, et al
E2000-02546-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: Jerri S. Bryant
The Plaintiff, Brian Boyd, agreed to purchase three (3) mobile home lots on an installment basis. After nominal down payments he made monthly payments for several months, during which time he received rental income. The contracts provided for forfeiture in the event Mr. Boyd failed to make two (2) consecutive payments or failed to pay the taxes. Mr. Boyd missed four payments, and failed to pay the taxes. He was ordered to quit the property in a detainer action, which was consolidated with a complaint in Chancery for damages for the asserted violation by the assignee of the seller of the Consumer Protection Act. The complaint was dismissed. We affirm.

State of Tennessee v. Thomas Jared Richardson
99-D-2936-A,
Authoring Judge: Presiding Judge Gary R. Wade
Trial Court Judge: Judge Steve R. Dozier

The defendant, Thomas Jared Richardson, pled guilty to two counts of possession of less than .5 grams of cocaine with the intent to manufacture, deliver, or sell, a Class C felony. See Tenn. Code Ann. § 39-17-417. The trial court imposed concurrent sentences of six years for each count, to be served in the Davidson County Workhouse. The trial court also assessed a fine of $3,500 and ordered the defendant to forfeit his weapon. In this appeal of right, the defendant argues that the trial court should have imposed probation or some other alternative sentence. The judgment is affirmed.