Robert Davidson vs. Charles Lindsey
W2000-02891-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Julian P. Guinn
This appeal arises from an automobile accident involving the Appellants and the Appellees in which the Appellee's wife was killed and the Appellee was seriously injured. The Appellee, individually and as administrator of the estate of his wife, and the Appellee's children filed a complaint in the Circuit Court of Henry County against the Appellants and three of the Appellees. Following a jury trial, the jury found that the Appellants were 100% liable for the accident and dismissed the claims against the three Appellees. The jury awarded the Appellee $1,250,000.00 and awarded the estate of the Appellee's wife $500,000.00. The trial court entered a judgment on the jury's verdict. The Appellants filed a motion for a new trial. The trial court denied the motion for a new trial.

Marlena Tilley vs. Gurpal Bindra
W2001-01157-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Lee Moore
This appeal arises from a medical malpractice claim brought by the Appellants against the Appellee in the Circuit Court of Dyer County. The Appellee filed a motion for summary judgment. Following the deposition of the Appellants' expert witness, the Appellee filed a renewed motion for summary judgment. The trial court granted the Appellee's motion for summary judgment and renewed motion for summary judgment. The Appellants appeal the grant of the Appellee's motion for summary judgment and renewed motion for summary judgment by the Circuit Court of Dyer County. For the reasons stated herein, we affirm the trial court's decision.

Charles Salsman vs. Texcor Indus.
W2001-00730-COA-R9-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Karen R. Williams
This appeal arises out of a petition filed in Tennessee to enroll a Texas judgment. In this case, the plaintiffs filed a petition to enroll the foreign judgment. While this was pending, the defendants filed a motion for leave to amend their answer to assert a counterclaim. Three days later, before the trial court had ruled on the motion to amend, the plaintiffs filed a notice of voluntary dismissal, including a proposed order stating that no counterclaim had been pled. The trial court entered the proposed order. Subsequently, in response to the defendants' motion, the trial court vacated its earlier order of dismissal and granted the defendants' motion to amend to assert the counterclaim. In this interlocutory appeal, we affirm, holding under Rule 41.01(1) of the Tennessee Rules of Civil Procedure that the proposed counterclaim attached to the motion to amend is considered a "pleaded" counterclaim, thereby permitting the defendants to elect to proceed on the counterclaim despite the plaintiffs' notice of voluntary dismissal.

Ragan/James Hinson vs. Kelli Gatton
W2001-01763-COA-R3-JV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: J. Steven Stafford
Father filed a petition to increase visitation, for joint custody and other relief. The juvenile court modified visitation and ordered joint custody. Father appeals. We affirm.

Tim Walton v. Sharon (Walton) Camp
W2001-01409-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: George H. Brown

CH-00-1455-1
CH-00-1455-1
Trial Court Judge: Walter L. Evans

Harry Kradel. v. Piper Industries
M2001-00338-SC-R23-CQ
Authoring Judge: Justice William M. Barker
Pursuant to Tennessee Supreme Court Rule 23, this Court accepted certification of five questions of law from the United States Court of Appeals for the Third Circuit concerning Tennessee's law of corporations. For the reasons given herein, we answer that the corporate statutes in effect before January 1, 1988, apply to determine the rights and remedies available against a corporation dissolved before that date and that section 48-1-1013(a) (repealed) applies to limit Piper's liability for post-dissolution claims. We further answer that Piper Industries, Inc. did comply with the dissolution statutes in effect before January 1, 1988, which require provisions to ensure the final distribution of corporate assets, but which do not require a corporation to establish a reserve fund for contingent claims arising more than two years after the dissolution. Finally, we answer that while the trust fund doctrine has been previously applied in Tennessee to solvent corporations, its application in this case is necessarily limited by Tennessee Code Annotated section 48-1-1013(a) (repealed).

State of Tennessee v. Deadrick M. Pigg
M2000-03056-CCA-MR3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge Cheryl A. Blackburn

The Defendant, Deadrick Pigg, was convicted in the Criminal Court of Davidson County of the sale of less than .5 grams of cocaine.¹ After a sentencing hearing, the Defendant was sentenced to serve eight years in the Department of Correction. In his appeal as of right pursuant to Rule 3(b) of the Tennessee Rules of Appellate Procedure, the Defendant argues that (1) the evidence presented at trial was insufficient to support the jury’s guilty verdict because the verdict was based solely on uncorroborated accomplice testimony and (2) the trial court erred in allowing the State to impeach the Defendant with evidence of past convictions. After a thorough review of the record, we affirm the judgment of the trial court.

State of Tennessee v. Daniel Thomason - Order
M2000-01164-CCA-R3-CD
Authoring Judge: Per Curiam

This matter is before us on the court’s own motion to correct errors associated with entries of an order on rehearing, opinion and judgment on October 15, 2001. A brief procedural history is in order to understand the basis for the court’s action in the instant order. On July 11, 2001, this court entered an opinion and judgment in this case. The defendant thereafter moved for rehearing, and we granted his motion on August 14, 2001. On October 15, 2001, we entered an order which addressed the merits of the defendant’s rehearing issue. That order also contained the following language, “The judgment previously entered is WITHDRAWN and is RE-ENTERED as of the entry of this order.” (Emphasis in original.) Although that order directed the withdrawal and reentry of the judgment, both the opinion and the judgment of July 11 were withdrawn and reentered on that date. The withdrawal and reentry of the opinion was in error. Moreover, that erroneous action prompted the accrual of additional costs.

State of Tennessee v. Dean Byard
M2000-01410-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Seth W. Norman

Defendant appeals from a bench trial where he was found guilty of one count of assault and one count of aggravated assault. Sufficient evidence exists to support the conviction of aggravated assault. The ineffective assistance of counsel claim is wholly unsubstantiated. We affirm the judgments from the trial court.

Troy Allen Thompson v. Elisa Connell Hulbert
W2000-02675-COA-R3-JV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: A. V. Mcdowell

Andrew Mays vs. Deborah Mays
W2000-03067-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Kay S. Robilio
This is a divorce and child custody case. Husband sued for divorce, and Wife countersued. Husband dismissed his complaint on the day of trial. Wife was granted the divorce and custody of the parties' minor child. On appeal, Husband argues that the trial court erred in its division of marital property, its decision to deny Husband rehabilitative alimony, its award of attorney's fees to Wife, and its decision not to hear evidence on the issue of child custody. We affirm in part, reverse in part, and remand the case to the trial court for a hearing on child custody.

In re: Guardianship of Ashley Tatum
W2001-00859-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Robert S. Benham
This case involves liability for misappropriation of funds in a guardianship estate. After a guardian was appointed by the probate court, Fidelity and Deposit Company of Maryland executed a guardianship bond as surety. The order appointing the guardian provided for the guardian's attorney to have joint control of the guardianship estate with the guardian. BellSouth Telecommunications, Inc. owed certain sums to the ward and was notified by the guardian's attorney of the joint control provision. The guardian's attorney also requested that the funds be sent to him to be deposited in the guardianship accounts. BellSouth ignored the request and sent the check payable to the guardian. Subsequently, the guardian misappropriated the funds, and the substitute guardian was awarded judgment against F & D. F & D filed a third party complaint against BellSouth for the sums so paid, and after a nonjury trial, the probate court entered judgment for F & D against BellSouth. BellSouth has appealed. We affirm.

CH-00-1898-2
CH-00-1898-2
Trial Court Judge: Floyd Peete, Jr.

Ashad R. A. Muhammed Ali v. Board of Probation and Parole, et al.
M2001-01194-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Irvin H. Kilcrease, Jr.
Petitioner seeks a writ of certiorari from the decision of the board of paroles declining to grant him parole. The Chancery Court of Davidson County, Irvin H. Kilcrease, Jr., Chancellor, dismissed the petition. We affirm the chancellor.

Jimmy Wilson v. State
M2000-02934-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Irvin H. Kilcrease, Jr.
By opinion of this Court dated August 27, 1999, dismissal by the trial court of Plaintiff's Petition for Declaratory Judgment or Common Law Writ of Certiorari complaining about computation of his sentence reduction credits was affirmed with costs assessed against Petitioner. He then attempted to have his inmate trust account shielded from collection of court costs by claiming exceptions under Tennessee Code Annotated section 26-2-101, et seq. The trial court denied his application and he filed timely appeal. We affirm the trial judge.

Johnetta Nelson v. Innovative Recovery Svcs. Inc.
M2000-03109-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Ellen Hobbs Lyle
This is a declaratory judgment action by Ruby Nelson against Innovative Recovery Services, Inc. ("IRSI"), subrogation recovery agent for Tennessee Coordinated Care Network, d/b/a Access ..MedPLUS ("TCCN"), a health maintenance organization under TennCare. TCCN paid $6,266.75 in medical expenses for Ruby Nelson and, under TennCare statutes, had a subrogation interest in this amount as to any third party recovery by Ms. Nelson. The Complaint asserts that TCCN is liable to attorneys for Ruby Nelson for attorney's fees in the amount of one-third of the subrogation interest. The Chancellor held TCCN not liable for attorney's fees to the attorneys representing Ruby Nelson, and we affirm the judgment of the Chancellor.

State of Tennessee v. Benjamin Hernandez, III
M2000-00225-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge Leon C. Burns, Jr.

The defendant was indicted for premeditated first degree murder, convicted of the lesser-included offense of second degree murder, and sentenced to 25 years in the Department of Correction. In this appeal, the defendant alleges: (1) the evidence was insufficient to sustain his conviction; (2) the state failed to provide him with exculpatory evidence; (3) the state destroyed evidence, thereby depriving him of due process; and (4) the trial court erroneously failed to grant a continuance or mistrial when a witness became ill and was unavailable to testify. After a thorough review of the record, we affirm the judgment of the trial court.

Thomas Anderson, Jr. v. State of Tennessee
M2000-01737-CCA-R3-PC
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge Timothy L. Easter

The petitioner appeals the denial of post-conviction relief from his conviction for theft of property valued less than $1000 but greater than $500, a Class E felony, arguing that the post-conviction court erred in finding that he received effective assistance of trial counsel. After a careful review of the record, we conclude that the petitioner failed to meet his burden of demonstrating ineffective assistance of counsel. Accordingly, we affirm the judgment of the post-conviction court.

Jon Hall v. Bill McLesky, et al.
M2000-01857-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Carol L. Mccoy
A death row inmate filed a Petition for Declaratory Judgment, claiming that employees of the Department of Correction had caused his attorney's phone number to be removed from an approved calling list, and had refused to restore the number to the list in a timely way. The inmate named seven employees of the Department and a private telephone company as defendants, and demanded monetary damages. The trial court dismissed the action, because the petitioner failed to comply with the mandatory requirements of the Uniform Administrative Procedures Act. Because we do not believe the petitioner was entitled to relief under any of the theories he advanced, we affirm the trial court.

State of Tennessee v. Lonnie Jones
W2001-00741-CCA-R3-PC
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge Bernie Weinman

Petitioner appeals from the denial of his petition for post-conviction relief following his guilty plea to second degree murder for which he received a sentence of 15 years. He contends his guilty plea was not knowingly and voluntarily entered, and he received ineffective assistance of trial counsel. The state contends the petition was barred by the statute of limitations. We conclude the petition was barred by the statute of limitations and is otherwise without merit. We affirm the judgment of the trial court.

State of Tennessee v. Tony Williams
W2001-00788-CCA-R9-CD
Authoring Judge: Presiding Judge Gary R Wade
Trial Court Judge: Judge Bernie Weinman

The defendant, Tony Williams, appeals the trial court's denial of pretrial diversion after a petition for certiorari from the decision of the district attorney. In this discretionary appeal under Rule 9 of the Tennessee Rules of Appellate Procedure, the single issue presented for review is whether the denial of pretrial diversion qualified as an abuse of prosecutorial discretion. The judgment denying relief is affirmed.

State vs. Florence Harrell
E2001-01710-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
In this appeal from the Chancery Court for Union County the Petitioner/Appellant, the State of Tennessee ex rel. Thomas J. Harrell, contends that the Chancery Court erred in denying the State a judgment against the Respondent/Appellee, Florence E. Harrell, for retroactive child support and for reimbursement of AFDC benefits paid by the State on behalf of Mr. Harrell and his and Ms. Harrell's two minor children. We affirm the judgment of the Chancery Court.

State of Tennessee v. Jimmy Joe Rittenberry
E2000-02722-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge James B. Scott, Jr.

The defendant was convicted by a jury on one count of sale of marijuana, a Class E felony, and one count of possession of cocaine, a Class A misdemeanor. In this appeal, the defendant contends (1) the evidence is insufficient to sustain the sale of marijuana conviction; (2) the trial court erroneously admitted rebuttal testimony regarding an undisclosed, out-of-court statement made by the defendant; and (3) the trial court failed to instruct the jury on simple possession of marijuana as a lesser-included offense. After a thorough review of the record, we conclude (1) the evidence is sufficient to sustain the convictions; (2) the failure of the state to disclose the out-of-court statement made during the defendant's interrogation violated Tenn. R. Crim. P. 16(a)(1)(A); and (3) the trial court erroneously failed to instruct the jury on simple possession of marijuana as a lesser-included offense. The conviction for sale of marijuana is reversed; the conviction for possession of cocaine is affirmed; and this matter is remanded for a new trial on the sale of marijuana.

Charles Mitchell v. State of Tennessee
E2000-03153-CCA-R3-PC
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge James E. Beckner

The petitioner, Charles Mitchell, appeals the trial court's denial of his petition for post-conviction relief from his conviction for first degree murder and resulting sentence of life without parole. First, he contends that his mental condition prevented him from knowingly and intelligently entering his guilty plea. Second, he contends that he received the ineffective assistance of counsel because his defense attorneys (1) did not seek to suppress statements that the petitioner gave to police soon after he murdered his wife; (2) did not use diminished mental capacity in his defense; (3) induced him to plead guilty by telling him that the state had filed a notice to seek the death penalty when no such notice had been filed; and (4) failed to request a more detailed mental evaluation of him. We affirm the trial court's denial of the petition.