Opinions

State vs. Stephen Stamps
W1999-01716-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: C. Creed Mcginley

Leighann M. Gullett v. Michael J. Hopkins
M2003-02086-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: John W. Rollins
This is a post-divorce change of custody proceeding wherein the trial court found no substantial change of circumstances and denied the Petition. The judgment of the trial court is affirmed.

Sneed (Ford) vs. Sneed
01A01-9612-CH-00542
Trial Court Judge: William B. Cain

02C01-9508-CR-00222
02C01-9508-CR-00222

State vs. Audrey Black
E1999-01391-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: D. Kelly Thomas, Jr.

DeShayne Neal v. Jerry Neal
M2003-02703-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Gerald L. Ewell, Sr.
This is an appeal from the chancery court order refusing to modify the parties' divorce decree and permanent parenting plan. Mother filed a Petition to Modify, and Father filed an Answer and Counter Petition also requesting modification. The Chancellor dismissed both the Petition and Counter Petition finding that there had not been sufficient change in circumstances since the initial entry of the divorce decree to justify modification. Upon review of the Permanent Parenting Plan and Final Decree of the Chancery Court, we find that this Permanent Parenting Plan and the judge's approval of such plan do not meet the requirements of Tennessee law. As such, the Permanent Parenting Plan is vacated, and the case is remanded to the trial court.

Eddie Dobbins vs. George Dobbins
02A01-9710-PB-00246
Trial Court Judge: Donn Southern

State vs. Frederick Sledge
W2001-02402-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: James C. Beasley, Jr.
The defendant was convicted of first degree murder and especially aggravated robbery and was originally sentenced to death and twenty years, respectively. The trial court ordered the sentences to be served consecutively. On appeal, this court affirmed both convictions but reversed the death sentence and remanded it for resentencing. On remand, the defendant was sentenced to life imprisonment after a new sentencing hearing. The life sentence was ordered to be served consecutively to the original twenty-year sentence for especially aggravated robbery. The only issue raised on this appeal is whether, on remand, the trial court erred by not reconsidering the issue of consecutive sentencing when resentencing the defendant for the murder conviction. We affirm the sentence as imposed on remand by the trial court.

State vs. Frederick Sledge
W2001-02402-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: James C. Beasley, Jr.
The defendant was convicted of first degree murder and especially aggravated robbery and was originally sentenced to death and twenty years, respectively. The trial court ordered the sentences to be served consecutively. On appeal, this court affirmed both convictions but reversed the death sentence and remanded it for resentencing. On remand, the defendant was sentenced to life imprisonment after a new sentencing hearing. The life sentence was ordered to be served consecutively to the original twenty-year sentence for especially aggravated robbery. The only issue raised on this appeal is whether, on remand, the trial court erred by not reconsidering the issue of consecutive sentencing when resentencing the defendant for the murder conviction. We affirm the sentence as imposed on remand by the trial court.

Traci Sorrells vs. Donald Lee Sorrells
E1999-01658-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: C. Van Deacon

State of Tennessee v. Robert Lee Smartt
M2005-00176-CCA-R3-CO
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: John W. Rollins

01A01-9510-CV-00454
01A01-9510-CV-00454
Trial Court Judge: Walter C. Kurtz

Tamco Supply, et al vs. Tom Pollard, et al
W1999-01725-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Lee Moore

Kline vs. Kline
03A01-9706-CV-00240

02A01-9411-CV-00265
02A01-9411-CV-00265
Trial Court Judge: Wyeth Chandler

Diana Morris v. State
M1999-02714-COA-RM-CV
Authoring Judge: Judge William C. Koch, Jr.
This appeal involves a dispute between the State of Tennessee and a former employee of the Department of Correction arising out of a work-related injury. After the Department discharged her for failing to return to work, the employee filed a retaliatory discharge claim with the Tennessee Claims Commission asserting that she had actually been fired because she had filed a workers' compensation claim. The Tennessee Court of Appeals determined that the Commission lacked subject matter jurisdiction over retaliatory discharge claims and vacated the Commission's $300,000 award to the employee. While the employee's appeal was pending before the Tennessee Supreme Court, the Tennessee General Assembly retroactively broadened the Commission's jurisdiction to include retaliatory discharge claims. The Tennessee Supreme Court reversed this court's decision and remanded the case to this court for further consideration. We have determined that the Tennessee General Assembly may enact retroactive laws waiving the State's sovereign immunity with regard to past events, and we accede to the Tennessee Supreme Court's decision in this case that the General Assembly validated the results of this proceeding. We also have concluded that the Commission had authority to award front pay damages. Accordingly, we affirm the Commission's award.

Cecil Ayers vs. Minda Ayers
W1999-01261-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby

Tony Blan D v. State of Tennessee
W2002-01784-CCA-R3-PC
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Carolyn Wade Blackett

Tony Bland v. State of Tennessee
W2002-01784-CCA-R3-PC
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Carolyn Wade Blackett

Lorri Bailey (Capps) vs. David Capps
M1999-02300-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Clara W. Byrd
This child custody case has already been the subject of one appeal before this Court. The father was awarded sole custody of the parties' only child, with the mother receiving liberal visitation rights. The mother petitioned for a change of custody. The trial court found that there was no material change in circumstances sufficient to warrant an award of sole custody to the mother. However, the original custody order was modified to provide that the parties had joint custody, with the father being the "primary residential custodian." The trial court also ordered that the mother was no longer required to pay child support and that the mother owed no arrearage in child support. The father appeals. We affirm in part and reverse in part, affirming the order of joint custody and the order that the mother is not required to pay child support, but we reverse on the issue of the mother's child support arrearage.

Arthur Ray Lepley
01C01-9903-CR-00084

Joe Utley vs. State of Tennessee
01C01-9709-CR-00428
Authoring Judge: Senior Judge L. T. Lafferty
Trial Court Judge: Judge Seth W. Norman

The appellant, Joe L. Utley, appeals as of right from a judgment of the Davidson County Criminal Court denying his petition for post-conviction relief. The petitioner alleges that trial and appellate counsel rendered ineffective assistance in several areas. After a through review of the record, we REMAND to the trial court with instructions to enter a findings of fact and conclusions of law.

In Re: Estate of Warren Glenn Brown, Candice Mathis, v. Joe Brown
01A01-9809-PB-00471
Authoring Judge: Judge Patricia J. Cottrell
Trial Court Judge: Judge Andrew Jackson

In this case, the decedent’s grand niece, Candice Mathis, the petitioner, appeals the trial court’s finding that she failed to establish, by clear and convincing evidence the lost or destroyed will of her grand uncle, Warren Brown. The trial court ordered that the administration of the estate proceed as an intestate estate. For the following reasons, we reverse.

Mina Woods and Robert Woods v. World Truck Transfer, Inc. and Edward J. Seigham
M1997-00068-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Judge Barbara N. Haynes

This appeal involves a personal injury action that was dismissed because the Clerk of the Circuit Court for Davidson County refused to accept and file a summons that had not been prepared on an original form provided by the clerk. By the time the plaintiff provided another summons acceptable to the clerk, the time for filing the complaint and the summons had elapsed. Accordingly, on motion of one of the defendants, the Circuit Court for Davidson County dismissed the personal injury claim because it was time-barred. We have determined that the clerk’s office exceeded its authority when it declined to accept and file the summons and, therefore, that the trial court erred by dismissing the complaint. Accordingly, we vacate the order dismissing the personal injury claims and remand the case for further proceedings.

Daniel B. Taylor v. Donal Campbell, et al.
M1998-00913-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Irvin H. Kilcrease, Jr.

This appeal involves a dispute between a prisoner and the Department of Correction regarding the prisoner's request for access to the Department's rules governing prisoner sentence credits. The Department responded by informing the prisoner that its policies governing prisoner sentence reduction credits could be found in the prison law library. Thereafter, the prisoner filed suit in the Chancery Court for Davidson County complaining that he had been wrongfully denied access to public records. The Commissioner of Correction moved to dismiss the complaint. Alternatively, the Commissioner sought a summary judgment and supported his motion with affidavits asserting that the prisoner had already received all the information he sought. Based on these affidavits, the trial court granted the Commissioner's summary judgment motion and dismissed the prisoner's complaint. We have determined that the Commissioner has not demonstrated that he is entitled to a judgment as a matter of law and, therefore, reverse the summary dismissal of the prisoner's complaint.