Mary Kelley v. Mahlon Johns
M1998-00912-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Robert L. Jones
This appeal involves an intra-family dispute over the validity of an 88-year-old decedent's will leaving his farm to one of his nine children. After the will was admitted to probate in the Maury County Probate Court, six of the decedent's children filed suit in the Circuit Court for Maury County asserting that their father lacked testamentary capacity when he executed the will and that the will had been procured by undue influence by the child who received the farm. A jury determined that a confidential relationship existed between the decedent and his son when the disputed will was executed and that the will was procured by undue influence. Accordingly, the trial court entered an order invalidating the will and setting aside the pending probate proceeding. On this appeal, the child who received the farm from his father insists that the evidence does not support the jury's findings that he had a confidential relationship with his father and that he exerted undue influence over his father with regard to the substance of the will. We have determined that the record contains material evidence to support the jury's verdict and, therefore, affirm the judgment.

State of Tennessee v. William J. Ford
W2000-01205-CCA-R3-CD
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge Chris B. Craft

A Shelby County grand jury indicted the defendant for first degree murder, and the State elected to seek the death penalty in this case. Following the guilt phase of the defendant's bifurcated trial, the trial jury convicted him as charged. At the close of the sentencing phase, the trial jury further found that the evidence supported the existence of the alleged aggravating factor but concluded that this factor did not outweigh the mitigating factors. The jury, therefore, sentenced the defendant to serve a life term without the possibility of parole. Subsequently, the defendant filed a new trial motion which the trial court denied. On appeal, the defendant contends (1) that the evidence is insufficient to support his conviction; (2) that the trial court erred in barring him from the courtroom because of his outbursts in the jury's presence; (3) that the trial court erred in not declaring a mistrial after deciding that the defendant could not be present at his trial because of these outbursts; (4) that the trial court erred in admitting three letters written by the defendant; and (5) that the prosecution, in its closing argument, impermissibly shifted the burden of proof to the defense by commenting on a witness mentioned by the defense in its opening statement but not called to testify at trial. Upon reviewing these issues, we find that none merit relief and, therefore, affirm the defendant's conviction.

State of Tennessee v. Randy B. Long
W2001-01467-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Roger A. Page

A Madison County deputy jailer saw a plastic bag of 2.5 grams of cocaine fall from the defendant's crotch area as he removed his clothing for a strip search after his arrest for possession of marijuana and drug paraphernalia. The defendant was subsequently convicted of possession of more than .5 grams of cocaine with the intent to sell or deliver, a Class B felony, and the introduction of contraband into a penal institution, a Class C felony. He argues on appeal that he cannot be convicted of introduction of contraband into a penal institution when his entrance into the jail was involuntary, and that the evidence was not sufficient to support his convictions. Based on our review of the record and of applicable law, we conclude that a voluntary entrance into a penal institution is not a requirement of the offense, and that the evidence was more than sufficient to support the defendant's convictions in this case. Accordingly, we affirm the judgment of the trial court.

Timothy Roberson v. State of Tennessee
W2001-00549-CCA-R3-PC
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge L. Terry Lafferty

The petitioner, Timothy Roberson, was convicted in 1995 of first degree murder and especially aggravated robbery, receiving respective sentences, to be served consecutively, of life without parole and fifteen years as a Range I, standard offender. Following an unsuccessful direct appeal of his conviction, he filed a petition for post-conviction relief, alleging ineffective assistance of counsel at trial. The post-conviction court dismissed the petition following a hearing, and the petitioner timely appealed. We affirm the order denying the petition.

State of Tennessee v. George W. Lucas
W2001-02600-CCA-R3-CD
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge James C. Beasley, Jr.

The defendant pled guilty to the offense of carjacking and was sentenced to 7.2 years in the Tennessee Department of Correction. In this appeal he claims that he was improperly denied probation because the trial judge mistakenly held that individuals convicted of carjacking were statutorily ineligible for probation. We hold that the legislature has allowed individuals convicted of carjacking and sentenced to eight (8) years or less to remain eligible for probation. Moreover, the trial judge also erred in determining that the use of a weapon in a carjacking was, standing alone, sufficient reason to deny the defendant probation. We therefore reverse the judgment of the trial court and remand for re-sentencing in accordance with this opinion.

State of Tennessee v. John Earl Turner, alias
E2001-01373-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge Ray L. Jenkins

The Defendant, John Earl Turner, appeals as of right from the judgment of the trial court, which found him to be in violation of the terms of the probation he was serving for two separate, non-related convictions. After a hearing, the trial judge ordered the Defendant incarcerated for the balance of the sentences, which were being served consecutively to each other. We affirm the judgment of the trial court.

John Ramsey v. First Tennessee Bank
E2001-01777-WC-R3-CV
Authoring Judge: Howell N. Peoples, Special Judge
Trial Court Judge: L W. Dale Young, Judge
The employee appeals a finding that his hernia was not compensable. We affirm.

P.E.K. v. J.M. and C.Y.M.
M2001-02190-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Jim T. Hamilton
This case, before this Court for the second time, involves an interstate battle between never-married parents over custody of a minor daughter. The trial court found that under the provisions of the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), the trial court had jurisdiction of the custody dispute and entered judgment awarding custody of the minor daughter to the Petitioner-Father. Mother has appealed. We affirm in part, reverse in part, and remand.

Marchella Richardson v. Terry Stacey
M2001-02167-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Robert E. Corlew, III
Plaintiff, landowner, sued defendant, adjoining landowner, to enjoin him from trespassing on her land, committing a nuisance, and for damages. Plaintiff secured a temporary restraining order, and after a nonjury trial, plaintiff was granted injunctive relief in several particulars and was awarded compensatory and punitive damages. Defendant appeals. We modify in part and affirm as modified.

Patricia Grice v. Larry Grice
M2001-02105-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Leonard W. Martin
This appeal arises from a divorce proceeding initiated by the wife. The trial court, holding that both parties contributed to the demise of the marriage, granted the parties a divorce. The trial court then granted the wife rehabilitative alimony for a period of eighteen months, as well as alimony in solido, but denied the wife's request for alimony in futuro. The primary issue on appeal is whether the trial court erred in granting the wife rehabilitative alimony as opposed to alimony in futuro. For the following reasons, we affirm, as modified.

Joseph Meadors v. Sonya Danielle Shrum
M2001-02691-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: C. L. Rogers
This case involves a petition to modify visitation. The mother and father were divorced in January 1999. By agreement, the mother was granted custody of the parties' minor child, and the father was given visitation. The divorce decree provided that the father's visitation schedule would change from week to week depending on father's fluctuating work schedule in his job as an emergency medical technician. This schedule necessitated repeated negotiating between the mother and the father to agree on the father's visitation schedule. In April 2001, the father petitioned the court for "standard" every-other-weekend visitation, without regard to his work schedule, in order to end the parties' pattern of negotiating and bickering. The trial court determined that the parties were unable to work together amicably, and ordered "standard" every-other-weekend visitation in order to minimize the interaction between the parties. The mother now appeals. We affirm, finding that the parties' inability to implement amicably the ordered visitation arrangement constituted a sufficient change in circumstances to warrant the slight modification in visitation.

David Anthony Norman v. Melissa Dawn Norman
M2001-02796-COA-R3-CV-
Trial Court Judge: Russell Heldman

State of Tennessee v. Gerald E. Saylor
E2001-00604-CCA-R3-CD
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge Lynn W. Brown

The defendant, Gerald E. Saylor, was convicted by a Washington County Criminal Court jury of voluntary manslaughter, a Class C felony, and the trial court sentenced him as a Range III, persistent offender to fifteen years imprisonment. The defendant appeals, claiming that: (1) the evidence is insufficient to support his conviction; (2) the trial court erred in denying his motion to suppress his confession; (3) the trial court erred in excluding testimony that several hours before the killing the victim had stated to a third party that he was going to kill the defendant; (4) the trial court erred in excluding testimony to rebut the state's inference that the defendant planted weapons on the victim and that the victim had made prior threats to the defendant; (5) the trial court erred by failing to declare a mistrial when the jury heard references to his being "on parole" and "on the run"; and (6) the trial court erred in its application of enhancement and mitigating factors to his sentence. Although we conclude that enhancement factor (5) regarding exceptional cruelty should not have been applied, we affirm the judgment of the trial court.

John Paul Seals v. State of Tennessee
E2001-01756-CCA-R3-PC
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge James E. Beckner

The petitioner, John Paul Seals, appeals as of right the Hamblen County Criminal Court's denial of his petition for post-conviction relief, which the court deemed to be filed outside of the statute of limitations. He contends that the trial court should have granted his motion for the appointment of an additional psychological expert in order that he might prove that his mental incompetence tolled the statute of limitations. We affirm the trial court's denial of the petition.

State of Tennessee v. Joseph Antonia Hough
E2000-02728-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge Kindall T. Lawson

The appellant, Joseph Antonio Hough, was convicted of two counts of delivering cocaine and was sentenced as a Range II offender to a total effective sentence of twenty-three years incarceration in the Tennessee Department of Correction. On appeal, the appellant raises the following issues for our review: (1) whether the trial court committed legal error by allowing the appellant to represent himself, and (2) whether the trial court erred in sentencing the appellant. Upon review of the record and the parties' briefs, we affirm the judgments of the trial court.

Lester Johnson v. State of Tennessee
E2001-00019-CCA-R3-PC
Authoring Judge: Presiding Judge Gary R Wade
Trial Court Judge: Judge O. Duane Slone

The petitioner, Lester Johnson, appeals the trial court's denial of his petition for post-conviction relief. In this appeal, the petitioner contends (1) that he was denied the effective assistance of counsel and (2) that the trial judge who presided over the revocation hearing was not impartial. The judgment is affirmed.

M2001-01320-COA-R9-CV
M2001-01320-COA-R9-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: C. L. Rogers

Alison Rinner v. Robert Rinner
M2001-02307-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Muriel Robinson
This is a divorce case. The father and mother were both forty-one years old and had a six-year-old daughter. The trial court ordered the father to pay rehabilitative alimony, child support, and a portion of the mother's attorney's fees. On appeal, the father argues that the trial court improperly considered bonus money the father had received, that it erred in not ordering that child support on income in excess of $10,000 be placed in trust, that it erred in ordering him to pay rehabilitative alimony and a portion of the mother's attorney's fees, and also erred in failing to assign tax liability regarding certain stock options. We affirm the trial court's calculation of child support, the decision not to pay a portion of the child support into a trust, the order to pay rehabilitative alimony and a portion of the mother's attorney's fees, and find that the trial court was not required to assign tax liability as to the stock options.

Brenda Lehman v. Sylvia Vines
M2001-01811-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Walter C. Kurtz
Plaintiff-attorney sued former client for balance of amount due under fee agreement. In a nonjury trial, the trial court found that the client owed a balance of $4,209.00, and entered judgment for plaintiff in that amount. The client appeals, and we reverse and remand.

Sumner Co. Bd of Ed. v. Mansker Farms
M2001-01888-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Tom E. Gray
This is a dispute over an option contract. Mansker Farms, a land developer, offered the Sumner County School Board an option on land in its development to build a school. A dispute arose over whether a condition precedent existed in the contract and whether the nonfulfillment of this condition prevented the School Board from exercising the option. The trial court found that no valid contract existed because there was no meeting of the minds between Mansker Farms, who gave the option, and the Sumner County Board of Education, who attempted to exercise the option. For the following reasons, we affirm the ruling of the trial court.

M1998-01012-SC-R11-CV
M1998-01012-SC-R11-CV
Authoring Judge: Justice Adolpho A. Birch, Jr.

10-00-095-P
10-00-095-P
Trial Court Judge: A. Andrew Jackson

CH-00-1654-1
CH-00-1654-1
Trial Court Judge: Walter L. Evans

Jackie D. Dillard v. Meharry Medical College, et al.
M2001-02038-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Judge Hamilton V. Gayden, Jr.

The jury returned a verdict for the defendant surgeon and hospital in this medical malpractice action. The plaintiff argues on appeal that the trial court committed reversible error at several stages of the trial, including jury selection, witness testimony and jury instructions. We affirm the trial court.

Strategic Capital Resources, Inc., et al., v. Dylan Tire Industries, LLC., et al.
M2001-00790-COA-R3-CV
Authoring Judge: Presiding Judge Ben H. Cantrell
Trial Court Judge: Chancellor Ellen Hobbs Lyle

Strategic Capital Resources, Inc. and FPE Funding, LLC sued the buyer and seller of the Pirelli tire plant in Nashville and other parties involved in structuring and financing the transaction. The complaint alleged that the buyer and seller breached an agreement with Strategic, and that other parties were guilty of fraud, inducement of breach of contract, conspiracy, and had been unjustly enriched at the expense of Strategic.. The Chancery Court of Davidson County granted the defendants' Tenn. R. Civ. P. 12.06 motion to dismiss because Strategic's contract with the buyers did not bind the buyer to deal exclusively with Strategic. We affirm.