State of Tennessee v. Thomas H. Whaley
E2001-01476-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge Richard R. Vance

The Sevier County Grand Jury returned a two count presentment alleging the defendant committed a vehicular homicide by intoxication for the death of one victim and a vehicular assault by intoxication for the serious bodily injury of another victim. The defendant pled guilty to the amended charges of vehicular homicide by recklessness and aggravated assault by recklessness for agreed concurrent sentences of six years and three years, respectively, with the issue of alternative sentencing to be determined by the trial court. The trial court sentenced the defendant to split confinement and ordered the defendant to serve nine months "day-for-day" in the county jail with the remainder of his six-year effective sentence on supervised probation. In this appeal, the defendant alleges he should have received community corrections, or alternatively, he received excessive confinement. We conclude the trial court improperly ordered the defendant to serve his nine months of confinement "day-for-day," thereby depriving him of the opportunity to earn good conduct credits. We remand for deletion of the day-for-day requirement; however, we affirm the trial court in all other respects.

State of Tennessee v. Christopher Lynn Brabson
E2001-01730-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge Carroll L. Ross

The appellant, Christopher Lynn Brabson, was convicted by a jury in the McMinn County Criminal Court of one count of the sale of .5 grams or more of cocaine, a Class B felony. The jury also assessed a fine of $80,000. Following a sentencing hearing, the trial court imposed a sentence of ten years incarceration in the Tennessee Department of Correction. On appeal, the appellant alleges: (1) the evidence is insufficient to support a verdict of guilt beyond a reasonable doubt, (2) the trial court erred in sentencing, and (3) the jury imposed an excessive fine. We affirm the judgment of the trial court but reduce the fine to $25,000.

State of Tennessee v. Brent Tod Perkins
E2001-01826-CCA-R9-CD
Authoring Judge: Presiding Judge Gary R Wade
Trial Court Judge: Judge Richard R. Vance
The defendant, Brent Tod Perkins, was charged with driving under the influence. The trial court determined that the officer had reasonable suspicion to stop the defendant's vehicle, but granted a defense motion to suppress the results of a breathalyser test, concluding that the officer failed to comply with the requirements of State v. Sensing, 843 S.W.2d 412 (Tenn. 1992). Both the state and the defendant were granted an interlocutory appeal pursuant to Rule 9 of the Tennessee Rules of Appellate Procedure. The investigatory stop was conducted with constitutional safeguards. Because the state failed to establish adherence to the Sensing requirements by a preponderance of the evidence, the order suppressing the results of the breathalyser exam is affirmed.

Gale Emerson vs. Robert Emerson
E2001-02835-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: W. Neil Thomas, III
In this post-divorce action, the Trial Court ordered an increase in child support and ordered the father to pay 85% of the son's private school tuition. On appeal, the father insists the Trial Court was without jurisdiction to entertain the petition, and the proof did not support the increases ordered by the Trial Court. We affirm.

Sandor Turucz vs. Betty T. Madewell
E2001-03134-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: L. Marie Williams
Sandor Turucz sued Betty T. Madewell seeking to recover for personal injuries and property damage sustained by him in a two-vehicle accident in Hamilton County. The case was tried to a jury, who found both parties 50% at fault. The trial court entered its judgment decreeing that "the plaintiff shall have and recover nothing from the defendant." The plaintiff appeals, arguing that errors were made by the trial court in its charge to the jury and that the verdict of the jury is not supported by material evidence. We affirm.

Mary Varner vs. Jason Varner
E2001-02917-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: L. Marie Williams
In divorce case the Trial Court divided marital property and debts, awarded alimony and designated debts to be paid by husband as alimony. On appeal, we affirm in part and reverse in part.

Phillip Jessee vs. American General Life
E2002-00182-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
In this case of alleged age discrimination case from the Chancery Court for Sullivan County the Plaintiffs/Appellants, Phillip Jessee and James O. Morse, argue that the Trial Court erred in refusing to grant their request for a continuance, in its admission and exclusion of certain evidence and in its dismissal of their cause of action against the Defendant/Appellee, American General Life and Accident Insurance Company. We affirm the judgment of the Trial Court.

Christopher Hooven v. Johnnia Hooven
M2001-02108-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: Stella L. Hargrove
The wife appeals from the Trial Court's placing primary custody of the parties' minor children with the father. We affirm.

Julia Wilkes v. Fred's, Inc.
W2001-02393-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Robert A. Lanier
Plaintiff slipped and fell on liquid laundry detergent which had spilled in the customer service area in Defendant's store. The jury returned a verdict in favor of the Defendant. We affirm

Julia Wilkes v. Fred's, Inc.
W2001-02393-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Robert A. Lanier
Plaintiff slipped and fell on liquid laundry detergent which had spilled in the customer service area in Defendant's store. The jury returned a verdict in favor of the Defendant. We affirm

State of Tennessee v. Ricky Ray Humphrey
E2001-00512-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge E. Shayne Sexton

On October 19, 2000, the Defendant entered "best interest" guilty pleas to two counts of child abuse and neglect and three counts of indecent exposure. Pursuant to his plea agreement, the Defendant received five sentences of 11 months and 29 days to be served at 75%. The plea agreement apparently contemplated a hearing to determine the manner of service of the sentence. Following a hearing, the trial court ordered the Defendant to serve a split sentence on the first count with three months to be served on county work release and the balance of the sentence to be served on supervised probation. The court ordered each of the remaining sentences to be served on probation and consecutive to the split sentence, for an effective sentence of five years. It is from this order the Defendant now appeals as of right. We affirm the judgment of the trial court.

State of Tennessee v. Chester Lee Smith, II
E2001-01099-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge Douglas A. Meyer

A Hamilton County jury found the defendant guilty of DUI, third offense. On appeal, the sole issue is whether the trial court erred in not allowing the defendant to present testimony from a local health department nurse regarding the health department's procedures for storing and transporting blood samples, which are procured by the local health department for reasons unrelated to blood alcohol testing. We affirm the judgment of the trial court.

State of Tennessee v. Jeff L. Courtney, III
E2001-01258-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge James Edward Beckner
The Hamblen County Grand Jury indicted the Defendant, Jeff L. Courtney, III, for one count of driving under the influence, per se and for one count of driving under the influence, second offense. A Hamblen County jury convicted the Defendant of driving under the influence, second offense, and the trial court imposed a sentence of eleven months and twenty-nine days. The Defendant now appeals his conviction, arguing that the trial court improperly commented on the evidence at trial, that the trial court improperly instructed the jury, and that the evidence presented at trial was insufficient to support the Defendant's conviction. We conclude that the trial court did not improperly comment on the evidence, that the jury instructions were proper, and that sufficient evidence was presented at trial to support the Defendant's conviction. Therefore, we affirm the judgment of the trial court.

State of Tennessee v. Terry Dew Ayne Ogle
E2001-02029-CCA-R3-CD
Authoring Judge: Presiding Judge Gary R Wade
Trial Court Judge: Judge D. Kelly Thomas, Jr.

The defendant, Terry DeWayne Ogle, indicted for one count of aggravated assault, was convicted of the lesser included offense of assault. The trial court imposed a sentence of 11 months and 29 days. In this appeal of right, the defendant challenges the sufficiency of the evidence. The judgment of the trial court is affirmed.

Smith, Deceased v. Jerry Smith
E2001-03132-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: Thomas R. Frierson, II

Phillip Burdett vs. Kathy Burdett
E2002-01071-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: Lawrence H. Puckett
In this divorce action, the issue is whether the division of marital property by the Trial Court is equitable. We affirm.

State ex rel. Heather Middleton vs. Stanley Cochran
E2002-00164-COA-R3-JV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: Suzanne Bailey

State ex rel. Heather Middleton vs. Stanley Cochran
E2002-00164-COA-R3-JV
Authoring Judge: Judge David Michael Swiney

Janet Baca v. Liberty Mutual Insurance Company and Ih
E2002-00273-WC-R3-CV
Authoring Judge: Byers, Sr.J.
Trial Court Judge: Jerri Bryant, Chancellor
The plaintiff appeals the trial judge's decision that the plaintiff's medical proof was insufficient to establish causation. We affirm the judgment of the trial court.

George Wayne Greer v. Heilig-Myers Furniture,
E2001-01008-WC-R3-CV
Authoring Judge: Thayer, Sp. J.
Trial Court Judge: Jean A. Stanley, Chancellor
The trial court awarded the employee 7 percent permanent partial disability to the body as a whole. The employer contends the evidence preponderates against the award and that the employee made a meaningful return to work. Judgment of the trial court is affirmed.

Teresa Lynn Kidwell Atkins v. Ronal Lee Atkins
E2001-02043-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: John D. Mcafee

Teresa Lynn Kidwell Atkins v. Ronal Lee Atkins
E2001-02043-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: John D. Mcafee

Joseph Bolinger vs. Sharon Ann Bolinger
E2002-00103-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: Conrad E. Troutman, Jr.
In this divorce case, the sole issue for our review is whether the Trial Court properly classified three IRAs held by Joseph D. Bolinger ("Husband") as partially marital and partially separate assets. Applying the analysis set forth by the Supreme Court in the case of Langschmidt v. Langschmidt, 81 S.W.3d 741 (Tenn. 2002), we hold that the IRAs, which were funded with premarital assets, should be classified as Husband's separate property. We therefore vacate the Trial Court's judgment that the IRAs are partially marital assets and remand this case.

State of Tennessee v. Russell Maze
M2000-02249-CCA-R3-CD
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge Steve R. Dozier

A Davidson County grand jury indicted the defendant on one count of class A felony aggravated child abuse. A trial jury subsequently convicted him as charged. For this conviction the trial court sentenced him as a violent offender to serve twenty-one years. He next unsuccessfully pursued a motion for a judgment of acquittal or in the alternative a new trial. Through this appeal the defendant continues to assert that the trial court erred in not properly instructing the jury on lesser-included offenses and by admitting contested medical testimony. While the second contention merits no relief, we must reverse the conviction and remand the matter based upon error in instructing lesser-included offenses.

State of Tennessee v. Tracey Dion Payne
M2000-02584-CCA-R3-CD
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge Seth W. Norman

The defendant was convicted of two counts of rape of a child pursuant to a jury trial. He was charged with a total of four counts of rape of a child, with two counts per indictment. The trial court consolidated these two indictments for trial. However, the trial court dismissed one indictment due to certain improprieties that occurred during the testimony of one of the victims. For the aforementioned convictions, the trial court sentenced the defendant to serve an aggregate sentence of forty years, which was comprised of two consecutive twenty-year sentences. The defendant now brings the instant appeal challenging the sufficiency of the evidence supporting the defendant's conviction, the trial court's decision to consolidate the defendant's two indictments, and the trial court's failure to declare a mistrial at the close of the prosecutor's closing argument. After reviewing the record, we find that the trial court improperly consolidated the two indictments for trial and therefore reverse and remand this case for a new trial.