State of Tennessee vs. Franklin Dan Rickman
W1999-01781-CCA-R3-PC
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Lee Moore

Petitioner was convicted of theft and felony escape, and brought a post-conviction proceeding challenging his convictions. The petition was denied by the trial court. We affirm the dismissal of the petition.

Lawrence Tucker v. State of Tennessee
W1999-02396-CCA-R3-CD
Authoring Judge: Judge David G. Hayes

This case came to be heard on the motion of the State of Tennessee for an affirmance of the judgment of the trial court pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. In November 1997, the petitioner pleaded guilty to possession of marijuana with intent to deliver. Pursuant to his plea agreement, he was sentenced to one year at thirty percent (30%), with this sentence to be served consecutively to a sentence from Texas. The petitioner was apparently returned to Texas following his guilty plea, but Tennessee authorities have lodged a detainer against him providing for his return to serve his Tennessee sentence upon  completion of his Texas sentence.

State of Tennessee v. Rochelle Andre Triplett
W1999-01749-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge Roy B. Morgan, Jr.

Appellant, Rochelle Andre Triplett, pled guilty to aggravated assault, simple assault, criminal impersonation, and possession of drug paraphernalia in March 1998. He received an effective three-year sentence and was placed on probation.  In June 1998, his probation officer filed a probation violation warrant alleging failure to report and failure to pay fines and costs. The trial court conducted a full revocation hearing, found appellant in violation and revoked his probation.  Appellant challenges that revocation. We AFFIRM.

State of Tennessee v. Freddie Lee Cunningham
W1999-00258-CCA-R3-CD
Authoring Judge: Presiding Judge Gary R Wade
Trial Court Judge: Judge C. Creed McGinley

The defendant, Freddie Lee Cunningham, pled guilty to the possession of more than .5 gram of crack cocaine with the intent to manufacture,  deliver, or sell, a Class B felony. Tenn. Code Ann. § 39-17-417(a)(4), (c)(1). The trial court imposed a Range I sentence of eight years to be served in the Department of Correction. Fines totaled $2,000.00.

Duffy Tool & Stamping, Inc., v. Bosch Automotive Motor Systems, formerly known as BG Automotive Motors, Inc.
M1997-00144-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Chancellor Tom E. Gray

This appeal involves a contract dispute between a manufacturer of automobile parts and one of its suppliers. After the manufacturer complained repeatedly about the quality of its parts, the supplier informed the manufacturer that it would no longer supply the parts even though two years remained on its contract. The manufacturer rejected a portion of the supplier’s last shipment of parts and contracted with another supplier to take over the manufacturing of the parts. The original supplier then filed suit against the manufacturer in the Chancery Court for Sumner County for the balance due on its last shipment, and the manufacturer counterclaimed for breach of the supply contract. The trial court heard the case without a jury and determined that the supplier had breached the supply contract but was also entitled to a set-off based on its last delivery of parts. Accordingly, the trial court awarded the manufacturer a $133,542.66 judgment against the supplier. On this appeal, the supplier takes issue with the judgment on three grounds: that the parties modified their original contract; that the manufacturer waived its breach of contract claim; and that the trial court did not employ the proper measure of damages. We have determined that the evidence supports the trial court’s conclusion that the supplier breached the contract but that the trial court incorrectly calculated the damages. Accordingly, we reduce the manufacturer’s     judgment against the supplier to $18,953.

State of Tenessee o/b/o Carol A. Vaughn v. Peter Kaatrude - Concurring
M1997-00146-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Judge Charles E. Bush

This appeal involves a father’s obligation to pay support for a non-marital child. Fifteen years after the child’s birth, the Tennessee Department of Human Services, acting on behalf of the child’s mother, filed suit in the Montgomery County Juvenile Court seeking to establish paternity and to obtain past and future support from the father. Following a bench trial, the trial court entered an order establishing paternity and ordering the father to pay $542.50 per month in child support. The juvenile court also awarded the mother $50,000 in back child support. The father now takes issue with the amount of the award for back child support. We have concluded that the evidence does not support the amount of the award for back child support and accordingly remand the case for further proceedings.

Carl Scott and Alma Scott, v. Rogers Group, Inc.
M1999-00048-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Judge Barbara N. Haynes

This is a case involving breach of contract. Plaintiffs/appellants, Carl Scott and Alma Scott (referred to herein as “the Scotts”) appeal from the order of the trial court granting summary judgment to defendant/appellee, Rogers Group, Inc.

Barry Stokes and Pamela Stokes v. Torina Arnold
M1998-00749-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Chancellor Allen W. Wallace

The Chancery Court for Dickson County terminated a mother’s parental rights to three young children and allowed the foster parents to proceed with the adoption of the children. Because we find that the record does not contain clear and convincing evidence upon which to base the termination of the mother’s parental rights, we reverse.
 

Steven B. Dargi and Andrea L. Dargi v. The Terminix International Company, State of Tennessee, et al. - Concurring
M1999-00145-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Judge Walter C. Kurtz

The plaintiff repeatedly cursed and insulted the defendant’s attorney during a taped deposition. The attorney played portions of the tape during the trial. The trial court found that the plaintiff’s utterances constituted criminal contempt. We affirm.

Johnnie Lamont Dalton v. State of Tennessee
M1999-00369-CCA-R3-PC
Authoring Judge: Judge L. Terry Lafferty
Trial Court Judge: Judge Seth W. Norman

The appellant, Johnnie Lamont Dalton, appeals the Davidson County Criminal Court’s dismissal of his petition for post-conviction relief. On May 5, 1997, the defendant entered a plea of guilty to murder second degree during the voir dire of a jury, wherein he was charged with the offense of murder first degree. The petitioner, collaterally, attacks his guilty plea and conviction for murder second degree upon the grounds of ineffective assistance of counsel. More specifically, he contends that trial counsel failed to (a) adequately investigate and prepare for trial; (b) failed to interview and subpoena state witnesses; and (c) failed to subpoena potential witnesses, including one witness who the defendant contends would have established that the defendant was not the murderer. The petitioner asserts that were it not for the above actions, he would not have pled guilty on the mistaken advice of counsel.  After a review of the record, we AFFIRM the trial court’s denial of post-conviction relief.

In the Matter of: K.E.C.D., a child Under the Age of 18 Years
M1998-00759-COA-R3-CV
Authoring Judge: Judge Patricia J. Cottrell
Trial Court Judge: Judge Barry Brown

This appeal involves a dispute over the surname of a child born to unmarried parents. The biological father (“Father”) of the minor child, seeks reversal of the juvenile court’s denial of his motion to change the child’s last name. Over the objections of the mother (“Mother”),1 Father sought to change his son’s last name to his own to reflect his paternity. For the following reasons, we vacate and remand.2

Ferris E. Watson v. Lynn Rose Watson
M1999-02527-COA-R3-CV
Authoring Judge: Judge Patricia J. Cottrell
Trial Court Judge: Judge Leonard Martin

This case involves a dispute over custody of two children upon their parents’ divorce. The trial court awarded custody to Lynn Rose Watson (“Mother”) with visitation to Ferris E. Watson (“Father”). Father appeals, claiming he is comparatively the better parent. We affirm the award of custody to Mother.

Robert Bean, Franklin Shaffer, David Autry, Mack Roberts, v. Ned Ray McWherter, Governor of the State of Tennessee, et al.
M1999-01493-COA-R3-CV
Authoring Judge: Presiding Judge Ben H. Cantrell

The appellants have asked the court to rehear this appeal because we did not address the facial conflict between the definitions of Class II and Class III wildlife, leaving the public without any guidance as to what species are in Class II. Since the possession of Class II wildlife without a permit is a crime, and no permit is required for the possession of those species in Class III, the determination of what is included in Class II is the critical determination. And a person of ordinary intelligence must be able to make it. State v. Thomas, 635 S.W.2d 114 (Tenn. 1982).

Brown vs. Wal-Mart
M1997-00138-SC-R11-CV
Authoring Judge: Justice E. Riley Anderson

Rutherford Co. Bd. of Ed. vs. Rutherford Co. Comm.
M1999-00288-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Robert E. Corlew, III
This is a declaratory judgment action on undisputed facts. The question for disposition is whether the Public Building Authorities Act of 1971 authorizes the Rutherford County Commission to direct the Rutherford County Public Buildings Authority to hire architects, select a contractor and prepare school building design plans for presentation to the Rutherford County School Board. The trial court held that it is the responsibility of the Rutherford County Board of Education to plan, locate, erect and furnish public schools in Rutherford County and that the Rutherford County Commission was without authority to direct the Rutherford County Public Buildings Authority to act in this respect. We affirm the trial court.

Gragg vs. Gragg
W1998-00734-SC-R11-CV
Authoring Judge: Justice Frank F. Drowota, III

State vs. Daniel
E1997-00142-SC-R11-CD
Authoring Judge: Justice Frank F. Drowota, III

State vs. Daniel
E1997-00142-SC-R11-CD
Authoring Judge: Justice Frank F. Drowota, III

Gregory James Harper vs. State
E1999-00798-CCA-R3-PC
Authoring Judge: Judge David H. Welles

E1999-02098-C)A-R3-CV
E1999-02098-C)A-R3-CV

State Farm Mutual Automobile Insurance vs. Brian Howard, et al
E1999-02558-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard

E1999-02550-COA-R3-CV
E1999-02550-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard

State vs. Danny Spradlin
E1995-00019-SC-R11-CD
Authoring Judge: Justice Adolpho A. Birch, Jr.
Trial Court Judge: D. Kelly Thomas, Jr.

Rhonda Pritchett V.Brewer, Krause & Brooks & American Mining Insurance Co .
M1998-00715-SC-WCM-CV
Authoring Judge: Per Curiam
Trial Court Judge: Rhonda Pritchett
This case is before the Court upon motion for review pursuant to Tenn. Code Ann. _ 50-6-225(e)(5)(B), the entire record, including the order of referral to the Special Workers' Compensation Appeals Panel, and the Panel's Memorandum Opinion setting forth its findings of fact and conclusions of law, which are incorporated herein by reference; Whereupon, it appears to the Court that the motion for review is not well taken and should be denied; and It is, therefore, ordered that the Panel's findings of fact and conclusions of law are adopted and affirmed, and the decision of the Panel is made the judgment of the Court.

02525-COA-R3-CV
02525-COA-R3-CV