Joe Craft v. Forklift Systems
M2002-00040-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Carol L. Soloman
This is an appeal from a judgment for Plaintiff in a breach of contract action. The trial court awarded judgment on equitable principles, without any findings as to whether or not the contract had been breached by Defendant. The judgment is reversed.

Amy Smith v. Madeleine Fowler
M2002-01575-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: R.E. Lee Davies
Appellant, the defendant in fault, challenges the lower court's refusal to set aside default judgment. Appellant failed to file her answer timely in the trial court. Neither in the original Motion for Default nor in the response to the Motion to Set Aside did Plaintiff aver any prejudice to her other than delay. We reverse the default judgment and remand the case to the trial court.

W2003-01002-COA-R3-PT
W2003-01002-COA-R3-PT
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Bob G. Gray

State of Tennessee v. Shatha Litisser Jones
W2002-02697-CCA-R3-CD
Authoring Judge: Presiding Judge Joseph M. Tipton
Trial Court Judge: Roy B. Morgan, Jr.

W2003-00302-COA-R3-CV
W2003-00302-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby

W2002-02857-COA-R3-CV
W2002-02857-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Joseph H. Walker, III

State of Tennessee v. Ezell Wallace
W2002-00266-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge W. Otis Higgs, Jr.

A jury convicted the defendant of attempted first degree murder, a Class A felony. The trial court sentenced the defendant as a Range I, standard offender to twenty-five years' incarceration. The defendant now appeals, arguing that the trial court erred by denying his motion for new trial because (1) insufficient evidence was presented to support his conviction; (2) the trial court made an improper evidentiary ruling; and (3) the trial court gave the jury improper and inadequate instructions. Finding no error, we affirm the judgment of the trial court.

Laney Brentwood Homes, Llc v. Earl Prechtel,
CH-00-1076-1
Trial Court Judge: Walter L. Evans

State of Tennessee v. Steven Ray Hicks
E2002-02143-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge Ben W. Hooper, II

The defendant appeals from an order of the trial court which found him to be in violation of the conditions of his probation and ordered his sentence to be served in confinement. The State concedes that the trial court erred. Because the defendant's term of probation had expired at the time the probation violation warrant was issued, the trial court's order finding the defendant to be in violation of his probation is vacated.

State of Tennessee v. Dennis Michael Richardson
E2002-02675-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge James E. Beckner

Following a jury trial, the defendant, Dennis Michael Richardson, was convicted of Class B misdemeanor assault. The trial court sentenced him to serve six months in the county jail. In this appeal, the defendant argues that the trial court erred in its application of one of the sentencing enhancement factors. We affirm the judgment of the trial court.

Randy Carroll v. State of Tennessee
M2002-00797-CCA-R3-PC
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Timothy L. Easter

The petitioner appeals the denial of his petition for post-conviction relief from his convictions for six counts of sexual battery and one count of aggravated sexual battery, arguing that the post-conviction court erred in finding he received the effective assistance of counsel and in failing to address as plain error the trial court's erroneous jury instructions on aggravated sexual battery. Following our review, we affirm the post-conviction court's denial of the petition for post-conviction relief.

State of Tennessee v. William Brian Robinson
M2002-00665-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Steve R. Dozier

The Davidson County Grand Jury indicted the defendant for first degree premeditated murder. A Davidson County jury found the defendant guilty as charged, and the trial court sentenced him to life imprisonment. The defendant now appeals, claiming that the evidence was insufficient as a matter of law to sustain the verdict, and in particular, that the evidence was insufficient to prove premeditation. Finding no error, we affirm the judgment of the trial court.

State of Tennessee v. Antonio T. Seay
M2002-02129-CCA-R3-CD
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge John D. Wootten, Jr.

The defendant, Antonio T. Seay, pled guilty in the Wilson County Criminal Court to possession of a weapon by a convicted felon, a Class E felony, and the trial court sentenced him as a Range I, standard offender to one year in the Department of Correction. He appeals upon certified questions of law from the trial court's denial of his motion to suppress evidence that was seized pursuant to a stop and frisk. See T.R.A.P. 3(b); Tenn. R. Crim. P. 37(b). He claims that the trial court should have granted his motion because (1) a federal district court had granted his motion to suppress in an earlier federal proceeding and (2) the police lacked reasonable suspicion to stop him. We hold that the trial court was not bound by the federal district court's ruling and affirm the trial court's denial of the motion to suppress.

Sally Nigro v. Vincent Nigro
M2002-00134-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Donald P. Harris
In this divorce case the husband appeals the grant of the divorce to the wife, the division of the marital property, the award of alimony to the wife, the trial court's failure to make the wife pay child support, and its failure to allow the husband to relocate out of the state with the son. For her part, the wife seeks a larger portion of the husband's retirement pay and the proceeds of the marital home. We affirm.

State of Tennessee v. Euel Franklin Lockhart
W2002-02021-CCA-R3-CD
Authoring Judge: Presiding Judge Gary R Wade
Trial Court Judge: Judge C. Creed McGinley

The defendant, Euel Franklin Lockhart, pled guilty to possession of less than .5 grams of methamphetamine with the intent to distribute, a Class C felony. See Tenn. Code Ann. § 39-17-417. Pursuant to Tennessee Rule of Criminal Procedure 37, the defendant reserved as a certified question of law the issue of whether the trial court erred by denying his motion to suppress. The judgment of the trial court is affirmed.

State of Tennessee v. Thomas A. Carter
E2002-01554-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge E. Shayne Sexton

A Campbell County Jury convicted the Defendant of theft of property valued over $10,000, evading arrest, reckless endangerment with a deadly weapon, and simple possession of marijuana. The trial court sentenced the Defendant to an effective sentence of eight years in the Tennessee Department of Correction. The Defendant now appeals, alleging (1) that insufficient evidence identifying the Defendant as the perpetrator of the felony offenses was presented at trial, and (2) that the trial court erred in its sentencing determinations. Finding no reversible error, we affirm the judgments of the trial court.

William Kirk Riley v. State of Tennessee
E2002-00694-CCA-MR3-PC
Authoring Judge: Presiding Judge Gary R Wade
Trial Court Judge: Judge Douglas A. Meyer

The petitioner, William Kirk Riley, appeals the trial court's summary dismissal of his petition for post-conviction relief. The issue presented for review is whether the petition was properly dismissed without any opportunity to amend, without the appointment of counsel, and without an evidentiary hearing. The judgment is reversed and the cause is remanded for an evidentiary hearing.

Crowder Construction v. Dwight Holland
M2002-01840-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Irvin H. Kilcrease, Jr.
The trial court determined that a construction contract between the parties had been modified orally and awarded judgment to plaintiff contractor. We affirm in part and remand.

Marc Kayem v. William Stewart
M2002-01515-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Jim T. Hamilton
Plaintiff filed suit to recover sums allegedly due under a contract of employment. The trial court awarded partial summary judgment to defendant, finding plaintiff was not entitled to certain percentages of accounts receivable. The trial court further found plaintiff had breached the contract and a covenant not to compete, and awarded defendant a judgment of $12,500. The trial court also awarded defendant's attorney's fees. We affirm in part, reverse in part, and remand.

Amprite Electric v. Tennessee Stadium Group
M2002-00892-COA-R3-CV
Authoring Judge: Sr. Judge William H. Inman
Trial Court Judge: Ellen Hobbs Lyle
The electrical subcontractor on the Adelphia Stadium job was required by the contractor, on 212 occasions, to perform extra work. Although the subcontract provided that written change orders must precede and authorize extra work, this requirement was soon mutually abandoned because the contractor, encouraged by the owner, was concerned about a timely completion. The principal issue concerns the dollar amount of compensation for the extra work. Amprite priced its extra work according to manuals used in the construction industry, as contrasted to its actual costs plus 10 percent, as the subcontract provides. Amprite concedes that although its actual costs plus 10 percent were substantially less than the amounts claimed, the contractor was estopped to deny the greater compensation. The trial court held that the contract was abandoned and that, in lieu, a different contract would be implied. Amprite was accordingly awarded compensation for "8686 hours never worked, $90,245.00 for materials never purchased and $6,877.00 for taxes never paid,"for a total recovery of $1,131,311.66. Contractor appeals insisting that the contract was not abandoned and that its provisions control. We hold that the requirement of written change orders was waived by mutual agreement but that the remainder of the contract was enforceable. The judgment is modified to allow a recovery of $170,084.00.

Labor-Kraft v. Donald League
M2002-01573-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: C. K. Smith
This dispute arises from a tax sale of real property in Wilson County. The County failed to give notice of the sale to plaintiff, who held a properly recorded deed of trust. The trial court determined the debt secured by the deed of trust had been paid and that the County's failure to give notice accordingly was harmless error. We affirm.

John Hasty v. Bobbie Hasty
M2002-01756-COA-R3-CV
Authoring Judge: Sr. Judge William H. Inman
Trial Court Judge: Russell Heldman
The Petitioner seeks a reduction/termination of his alimony obligation based upon asserted material change of circumstances. The divorce was granted in 1994; thereafter the Respondent began receiving her awarded share of the Petitioner's retirement benefits, and Social Security benefits, both of which were within the contemplation of the parties at the time of the divorce, and thus cannot constitute a material change of circumstances.

Earl Dewayne Holloway v. State of Tennessee
E2002-02127-CCA-R3-PC
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Judge Rebecca J. Stern

The petitioner, Earl Dewayne Holloway, appeals the denial of his petition for post-conviction relief, alleging numerous instances of ineffective assistance of trial and appellate counsel. We conclude that the evidence does not preponderate against the findings of the post-conviction court and affirm the dismissal of the petition.

State of Tennessee v. Duane Brian Brooks
E2002-02040-CCA-R3-CD
Authoring Judge: Presiding Judge Gary R Wade
Trial Court Judge: Judge Phyllis H. Miller

The defendant, Duane Brian Brooks, was convicted of first degree murder and sentenced to life imprisonment. In this appeal, the defendant asserts that the trial court erroneously instructed the jury as to the culpable mental states for first and second degree murder and failed to provide an instruction on causation. Because it is our view that any error with regard to the jury instructions can be classified as harmless beyond a reasonable doubt, the judgment of the trial court is affirmed.

Robert I. Gwin v. State of Tennessee
M2002-02061-CCA-R3-PC
Authoring Judge: Presiding Judge Gary R Wade
Trial Court Judge: Judge Cheryl A. Blackburn

The petitioner, Robert I. Gwin, appeals the trial court's denial of habeas corpus relief. The single issue presented for review is whether the trial court erred by denying an evidentiary hearing on the petition. The judgment is affirmed.