Opinions

State of Tennessee v. Johnny Moffitt
W2001-00781-CCA-R3-CD
Authoring Judge: Presiding Judge Gary R Wade
Trial Court Judge: Judge Roy Morgan

The defendant, Johnny Moffitt, entered a plea of guilt to second degree murder. The trial court imposed a Range I sentence of 10 years. By agreement, the defendant reserved a certified question of law. See Tenn. R. Crim. P. 37. The issue presented in this appeal is whether the trial court should have dismissed the charge due to the loss or destruction of evidence. The judgment is affirmed.

Nakia Rumph v. State of Tennessee
W2001-02066-CCA-R3-PC
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge Clayburn L. Peeples

The Appellant, Nakia Rumph, appeals from the dismissal of his petition for post-conviction relief. In 2000, Rumph pled guilty to two counts of aggravated sexual battery and was sentenced to eight years imprisonment on each count. On appeal, Rumph challenges the validity of his guilty plea upon grounds of: (1) voluntariness and (2) ineffective assistance of counsel. After review, we affirm the judgment of the Madison County Circuit Court dismissing the petition.

State of Tennessee v. Elwood Jeffrey Barrigher
W2001-02238-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge William B. Acree

The Appellant, Elwood Jeffrey Barrigher, appeals the judgment of the Obion County Circuit Court revoking his placement in the Community Corrections program and reinstating his original nine-year sentence in the Department of Correction. Prior to his revocation, Barrigher was serving a nine-year Community Corrections sentence, which stemmed from his 1999 class B felony conviction for delivery of a Schedule II controlled substance. Finding no abuse of discretion, we affirm the revocation.

State of Tennessee v. Bradley R. Fulcher
M2001-01864-CCA-R3-CD
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge Timothy L. Easter
The defendant, Bradley R. Fulcher, appeals the Williamson County Circuit Court’s denial of alternative sentencing for his convictions for aggravated burglary, a Class C felony, and theft of property valued over one thousand dollars but less than ten thousand dollars, a Class D felony. We affirm the judgments of the trial court.

State of Tennessee v. Stephen Greene
E2000-02616-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge D. Kelly Thomas, Jr.

The defendant appeals his convictions of rape of a child and incest. We conclude that the State did not improperly bolster the victim's testimony on direct examination. In addition, the defendant was not denied his constitutional right to confront witnesses against him or to an impartial jury when the trial court denied his request to question a non-witness about an alleged statement made out-of-court. Furthermore, the State was not obligated to disclose the contents of a Department of Human Services file requested by the defendant under Brady v. Maryland or Rule 16 of the Tennessee Rules of Criminal Procedure. We must, however, reverse the defendant's conviction of incest and remand for a new trial on Count Two based upon the State's failure to make a proper election for the offense. We, therefore, affirm the rape of a child conviction, reverse the conviction of incest, and remand for a new trial.

State of Tennessee v. Jacky E. Jones
E2001-00430-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge D. Kelly Thomas, Jr.

The appellant, Jacky E. Jones, was found guilty by a jury in the Blount County Circuit Court of one count of obtaining a controlled substance by fraud and was sentenced to three years incarceration in the Blount County Jail. The trial court later granted the appellant probation. Months into the service of his probationary sentence, the appellant stopped reporting to his probation officer. Subsequently, the trial court revoked the appellant's probation and sentenced him to serve his original sentence in confinement. On appeal, the appellant contends that the trial court erred in failing to sentence him to community corrections after revoking his probation. Upon review of the record and the parties' briefs, we affirm the judgment of the trial court.

Jack Parks ex rel. Michael Parks vs. Timothy Hopkins
E2001-00830-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Thomas J. Seeley, Jr.
Jack Parks, in his capacity as Conservator for his son, Michael Parks, sued Timothy Hopkins seeking compensatory and punitive damages based upon allegations essentially reciting that the defendant wrongfully converted funds belonging to the plaintiff's ward, who is apparently incompetent to handle his own affairs. At the conclusion of the plaintiff's proof at a bench trial, the defendant moved to dismiss the complaint pursuant to Tenn. R. Civ. P. 41.02. The trial court found that the complaint was filed outside the applicable statutes of limitations and that the plaintiff had not sustained his burden of proof "under any theory." A judgment was entered dismissing the complaint in its entirety. We affirm.

Alexis Johnson and wife vs. Jessie Malone
E2001-02106-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: W. Frank Brown, III
Plaintiffs alleged their neighbor's chicken houses constituted a nuisance and sought abatement. The Chancellor determined the operation was not a nuisance. On appeal, we affirm.

Connie Otis vs. Lily Frye
E2001-02848-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: Russell E. Simmons, Jr.
Plaintiff claimed damages from defendant's motor vehicle sliding into plaintiff's vehicle. The jury returned a verdict for defendant. On appeal, we affirm.

Truan Meek vs. Earl Hall, dba Hall Realty & Auction
E2001-02474-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: W. Dale Young
Sessions Court entered default judgment against defendant. Defendant attempted to appeal to Circuit Court where that Court held appeal was not timely and Court had no jurisdiction. We vacate and remand.

E2001-02480-COA-R3-CV
E2001-02480-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: O. Duane Slone

Dept of Children's Srvcs vs R.M.M., Sr.
E2001-02678-COA-R3-JV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: Carey E. Garrett

Charles Montague vs. Ron Street
E2001-02805-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: Jean A. Stanley
Washington County -This is a suit by Charles Montague, an inmate of the Penal System of this State, who was convicted of first degree murder and is presently serving a life sentence. The Defendants are Ron Street, Chief of Police of the City of Johnson City and Washington County.

Dept of Children's Srvcs vs R.M.M., Sr.
E2001-02678-COA-R3-JV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: Carey E. Garrett

Rhea County vs. Town of Graysville
E2001-02313-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: Frank V. Williams, III
In this appeal we are called upon to determine whether the Trial Court erred in its finding that the Appellee Town of Graysville's validly annexed certain territory within the boundaries of Appellant Rhea County. We affirm the judgment of the Trial Court.

2001-02062-COA-R3-CV
2001-02062-COA-R3-CV
Trial Court Judge: Billy Joe White

State of Tennessee v. Charles R. Deason
M2001-00315-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Robert E. Burch

The defendant was convicted by a jury of DUI. After stipulating to two prior DUI convictions, he was sentenced for third offense DUI to eleven months and twenty-nine days, to be served in the county jail. We conclude that there is sufficient evidence to establish that the defendant was driving while intoxicated as charged in the indictment. Furthermore, the trial court permissibly ordered the defendant to serve eleven months and twenty-nine days in jail. The judgment of the trial court is affirmed.

Ronnie Bradfield vs. James Dukes
W2001-02067-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Martha B. Brasfield
Appellant is an inmate housed in the custody of the Tennessee Department of Corrections (TDOC). Appellant filed a writ of certiorari with the trial court asserting that the TDOC violated his rights under the Americans with Disabilities Act and section 1983 of the U.S. Code. Appellant also claimed that the parole board refused to provide scheduled parole hearings in 1994 and 1995. The trial court dismissed the case ruling that a writ of certiorari was not proper in this case, that Appellant did not exhaust his administrative claims, and that the petition was not timely. For the reasons below, we affirm the trial court's dismissal of the case.

State of Tennessee v. Tavarus Williams
W2000-03114-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Bernie Weinman

The Defendant was convicted in 1991 of first degree murder and sentenced to life imprisonment. After his conviction was affirmed on direct appeal, the Defendant filed a post-conviction petition, and the trial court denied relief. However, on post-conviction appeal, this Court determined that the Defendant received ineffective assistance of counsel at trial and therefore reversed the trial court's decision, vacated the Defendant's conviction, and remanded the case for a new trial. The Defendant was tried a second time in 2000 before a Shelby County jury, and on this occasion, the jury found the Defendant guilty of second degree murder. The trial court sentenced him to twenty years incarceration. The Defendant now appeals his conviction and sentence, arguing (1) that insufficient evidence was presented at trial to support his conviction, and (2) that he was improperly sentenced. We conclude that sufficient evidence supports the jury's verdict and thus affirm the Defendant's conviction. However, we conclude that the trial court erred in sentencing the Defendant and therefore we remand for re-sentencing in accordance with this opinion.

El Paso Pitts v. State of Tennessee
W2001-01563-CCA-R3-PC
Authoring Judge: Presiding Judge Gary R Wade
Trial Court Judge: Judge Chris B. Craft

The petitioner, El Paso Pitts, appeals the trial court's denial of post-conviction relief. In this appeal of right, the petitioner contends that he was denied the effective assistance of counsel and argues that the trial court erred by allowing his trial counsel to be present during the evidentiary hearing. The judgment of the trial court is affirmed.

Andre Wilson v. State of Tennessee
W2001-02442-CCA-R3-PC
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Chris B. Craft
On November 27, 1995, the Petitioner, pursuant to a negotiated plea agreement, pleaded guilty to six counts of aggravated robbery. The trial court sentenced the Petitioner to eighteen years incarceration for each count, to be served concurrently with each other and with a 1993 federal sentence of 137 months for armed bank robbery. On July 19, 2001, the Petitioner filed a petition for post-conviction relief and/or a writ of coram nobis based on the decision of federal authorities not to award him credit for the time he served in state custody. The post-conviction court denied relief based on the statute of limitations. The Petitioner now appeals, arguing that the post-conviction court erred in denying him post-conviction relief. Finding no error, we affirm the judgment of the post-conviction court.

Andre Wilson v. State of Tennessee - Dissenting
W2001-02442-CCA-R3-PC
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge Chris B. Craft

I am unable to join with the majority in affirming dismissal of the petition upon grounds that it was time-barred.

State of Tennessee v. Sylvester Ford
W2000-01175-CCA-R3-CD
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge Roy Morgan

The defendant, Sylvester Ford, was tried by jury and found guilty of one count of rape of a child and one count of aggravated sexual battery. The trial court sentenced the defendant to serve twenty years as a Range I offender. The defendant filed a timely motion for new trial, which the trial court denied. The defendant now brings this appeal, alleging that he should receive a new trial because the trial court committed plain error by failing to require the state to elect which acts the jury should consider to support the defendant's indicted offenses. The defendant subsequently filed a writ of error coram nobis, and the trial court denied the defendant's petition, finding that the petition was untimely filed and did not allege information that would warrant a new trial. After reviewing the record, we find that the defendant's direct appeal claim has merit and warrants a new trial, and, therefore, we need not address the merits of the defendant's coram nobis petition.

State of Tennessee v. Brandy McQueen
E2001-00033-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge Lynn W. Brown
The appellant, Brandy McQueen, pled guilty in the Washington County Criminal Court to one count of facilitation of aggravated robbery, one count of contributing to the delinquency of a minor, and one count of driving on a suspended license. The appellant received a total effective sentence of four years incarceration in the Tennessee Department of Correction. On appeal, the appellant asserts that the trial court erred by denying her request to be placed in the community corrections program. Upon review of the record and the parties' briefs, we affirm the judgments of the trial court.

State of Tennessee v. Christopher Glenn Bell
E2001-01243-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge James B. Scott, Jr.

In 1992, pursuant to a plea agreement, the Defendant pleaded guilty to possession with intent to sell a Schedule I controlled substance, received an eight-year sentence, and was granted full probation. In 1998, the trial court revoked the Defendant's probation and ordered the Defendant to serve the eight-year sentence in the Tennessee Department of Correction. The Tennessee Department of Correction subsequently placed the Defendant in the special alternative incarceration unit program, and upon the Defendant's successful completion of the boot camp program, released the Defendant on supervision. A warrant was issued on September 6, 2000, alleging that the Defendant had violated the terms of his release. The trial court revoked the Defendant's release and ordered the Defendant to serve the remainder of his sentence in the Tennessee Department of Correction. The Defendant now appeals, arguing that because more than eight calendar years had passed from the date of his original sentence on July 10, 1992 to the date of the violation of probation warrant that was filed on September 6, 2000, the original eight-year probated sentence had expired. We conclude that because the service of the Defendant's eight-year sentence began on April 3, 1998, when his probation was revoked and he was ordered to serve the sentence, the sentence had not expired, and the September 6 warrant was thus timely. Therefore, we affirm the judgment of the trial court.