Barbara Gaskins vs. Roger Gaskins
E2000-02915-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: Ben K. Wexler
This appeal from the Circuit Court of Greene County questions whether the Trial Court erred in awarding Ms. Gaskins alimony for a seven year period. Mr. Gaskins appeals the decision of the Circuit Court of Greene County. We affirm the decision of the Trial Court as modified and remand for further proceedings consistent with this opinion. We adjudge costs of the appeal against the Appellant, Roger Arthur Gaskins, and his surety.

Jeanne Alice Gabel vs. Todd Edward Gabel
E2000-02585-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: Richard R. Vance
The trial court entered a default judgment against the defendant in this divorce case even though the defendant had filed an answer within the time frame set forth in Rule 12.01. We conclude that entry of the default judgment was not appropriate when the defendant timely filed an answer, and, therefore, vacate the judgment of the trial court.

In re: Estate of J. Crawford Murphy vs. Robert A. Murphy, et al.
E2001-01112-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: Jeffrey D. Rader
In this case the Probate Court held that the personal representative of the Estate of Mae Thompson Murphy did not have authority to dissent from the will of her husband, J. Crawford Murphy, and thereby take an elective share of his estate. We find that T.C.A. 31-4-105 gives the personal representative this right and reverse the judgment of the trial court.

Philip Owens vs Bristol Motor Speedway, Inc.
E2000-02667-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Richard E. Ladd
In this putative class action suit, the plaintiff, Philip Owens, alleges that the defendant, Bristol Motor Speedway, Inc. ("Bristol Speedway"), engaged in a conspiracy to fix the prices of souvenirs sold at its racetrack. The trial court denied certification of the alleged class and granted Bristol Speedway's motion for summary judgment as to the plaintiff's individual claims. We affirm.

Howard Zoldessy vs. Ingrid Davis, et al
E2000-02526-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: William E. Lantrip
Upon the application of Howard Zoldessy, a temporary injunction was issued by the trial court against the defendants, Ingrid Davis and Arthur Davis. The Davises are the parents of Zoldessy's deceased wife and the grandparents of Zoldessy's daughter, Rachel. The injunction in question prohibits the defendants "from coming about [Howard Zoldessy] and his daughter, Rachel Zoldessy, or contacting him in any manner whatsoever." Following a bench trial, the trial court found that both defendants had committed willful criminal contempt by "coming about [Zoldessy's] residence on October 4, 1999." Each defendant was sentenced to 48 hours imprisonment for their contempt. Mr. Davis was also found in contempt for sending letters to Zoldessy and was sentenced to an additional term of imprisonment of 48 hours. The defendants appeal the trial court's findings of contempt, as well as the sentences imposed. We affirm the finding of contempt as to the letters sent to Zoldessy; however, we reverse the finding of contempt for the defendants' purported "coming about" Zoldessy and his daughter.

State of Tennessee v. George E. Ratliff
E1999-01214-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge Lynn W. Brown

The defendant, George E. Ratliff, was convicted by a jury of rape of a child. In this consolidated appeal, Defendant alleges various errors by the trial court, challenges his sentence, and appeals the dismissal of his petition for writ of error coram nobis on the ground of untimely filing. After a review of the record and applicable law, we reverse the trial court's summary dismissal of the petition for writ of error coram nobis based on the recent decision of our supreme court in Workman v. State, 41 S.W.3d 100 (Tenn. 2001). We remand this matter to the trial court for a hearing on the merits of the petition for writ of error coram nobis. Pursuant to State v. Mixon, 983 S.W.2d 661 (Tenn. 1999), appellate proceedings on Defendant's appeal as of right from his conviction are stayed, pending the trial court's ruling on the error coram nobis petition.

United States Pipe & Foundry Company v. Steven L. Camp
E2000-01198-WC-R3-CV
Authoring Judge: Thayer, Sp. J.
Trial Court Judge: L. Marie Williams, Circuit Judge
The trial court found the employee had sustained a temporary injury to his back and awarded medical benefits to treat his symptoms. On appeal the employee insists his injury was of a permanent nature. Judgment of the trial court is affirmed.

Of The Evidence Is Otherwise. T
E1997-00276-WC-R3-CV
Authoring Judge: John K. Byers, Sr. J.
Trial Court Judge: Billy J. White, Chancellor
The trial court found the plaintiff sustained a 4 percent vocational disability to the body as a whole as a result of exposure to formaldehyde which caused permanent respiratory injury. The trial judge found the plaintiff failed to show by a preponderance of the evidence that he sustained any psychiatric injury as a result of the accident. We affirm the judgment of the trial court.

Ronald Scott Revis v. Roane County, Tennessee,
E2000-01709-WC-R3-CV
Authoring Judge: Thayer, Sp. J.
Trial Court Judge: Russell E. Simmons, Jr., Circuit Judge
The trial court dismissed the complaint finding the injury did not arise out of and in the course of employment. On appeal it was determined the injury arose out of employment but did not occur in the course of employment. Judgment of the trial court is affirmed.

Ryder Driver Leasing, Inc. v. Wilson
E2000-00905-WC-R3-CV
Authoring Judge: John K. Byers, Sr. J.
Trial Court Judge: Dale Workman, Circuit Court Judge
The trial court found the plaintiff had a compensable psychiatric injury. We affirm the findings of the trial court.

James Fristoe v. Citizens Utilities Company,
M2000-01736-WC-R3-CV
Authoring Judge: James L. Weatherford, Sr.J.,
Trial Court Judge: John A. Turnbull, Judge
The defendants appeal the judgment of the trial court awarding the employee, a telephone lineman, 95% vocational disability for injuries he sustained falling off a telephone pole. The defendants assert that the trial court erred in determining Mr. Fristoe's vocational disability rating by failing to give appropriate consideration to the findings of the treating physician in this case. For the reasons set out in this opinion, We affirm the judgment of the trial court.

State of Tennessee v. Charles R. Blackstock
E2000-01546-CCA-R3-CD
Authoring Judge: Presiding Judge Gary R. Wade
Trial Court Judge: Judge Douglas A. Meyer

The defendant, Charles R. Blackstock, pled guilty to especially aggravated kidnapping and two counts of rape of a child. See Tenn. Code Ann. §§ 39-13-305, 39-13-522. The trial court imposed 25-year sentences on each offense. The sentences were ordered to be served consecutively, for an effective sentence of 75 years. The sentence for especially aggravated kidnapping and the consecutive sentencing order are affirmed. Because the trial court erroneously applied certain enhancement factors to each of the sentences for rape of a child, the terms are modified to 23 years.

Shepard Barbash vs. Monty Bruell & Anthony Smith
E2005-00387-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: Howell N. Peoples

Emmett Dunlap vs. Nancy Davis
W2001-00894-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Jon Kerry Blackwood
Plaintiff-inmate, acting pro se, filed a petition for writ of certiorari to review a judgment of the general sessions court dismissing his case. The trial court denied plaintiff's petition and he appeals. We affirm.

Elizabeth Hickman vs. Celia Jordan
W2000-03070-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Roger A. Page
This dispute stems from an accident in a restaurant parking lot in which a pedestrian, the plaintiff, was struck by a vehicle driven by the defendant, who was backing-up through the parking lot. The jury in this case found the defendant driver not at fault. We affirm.

Ricky Brown Sr. vs. C.O.I. Majors
W2001-00536-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Dewey C. Whitenton
This appeal arises from the dismissal of the Appellant's petition for writ of certiorari seeking review of disciplinary action and the confiscation of property. The Circuit Court of Hardeman County dismissed the Appellant's petition for writ of certiorari for the Appellant's failure to comply with section 41-21-801, et seq. of the Tennessee Code, for lack of subject matter jurisdiction, and for failure to state a claim upon which relief can be granted. The Appellant appeals the dismissal of his petition for writ of certiorari. For the reasons stated herein, we affirm the trial court's decision.

Charles Shelton v. State of Tennessee
E2000-02805-CCA-R3-PC
Authoring Judge: Judge Jerry Smith
Trial Court Judge: Judge Lynn W. Brown

The appellant, Charles Shelton, appeals the dismissal of his habeas corpus petition by the Johnson County, Tennessee, Criminal Court. Following a review of the petition and the record herein we find that the judgment of the trial court should be AFFIRMED.

State of Tennessee v. Kelly A. Hancock - Order
M2000-02436-CCA-R3-CD
Authoring Judge: Judge Jerry L. Smith

The appellant, Kelly A. Hancock appeals as a matter of right from her conviction for driving under the influence. She contends the evidence is insufficient to support the jury's verdict of guilt. After a review of the evidence we affirm the conviction pursuant to Rule 20 of the Rules of the Court of Criminal Appeals.

Charles Hayes v. State of Tennessee
M2000-02360-CCA-R3PC
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge W. Charles Lee

A Marshall County grand jury indicted the petitioner on two counts of aggravated burglary, two counts of theft, and one count of evading arrest. On October 29, 1997, the petitioner entered an open plea of guilt, reserving the determination of the length and manner of sentencing for the trial court.  Following a sentencing hearing, the trial court sentenced the petitioner to a total of thirty-four years as a Range III persistent offender. In making its sentencing determination, the trial court ran several of the offenses consecutively. On direct appeal, the petitioner challenged his sentence as excessive.  State v. Hayes, No. 01C01-9804-CC-00176, 1999 WL 126650 at *1 (Tenn. Crim. App. at Nashville, March 11, 1999). Finding that the record supported the trial court’s sentence determination, this Court affirmed the trial court’s judgment. Id. at *2. The petitioner then unsuccessfully applied for
permission to appeal the trial court’s sentence determination to the Tennessee Supreme Court.  Thereafter, the petitioner filed a pro se petition for post-conviction relief, alleging that he received ineffective assistance of counsel and that the trial court judge who imposed his sentence should have recused himself due to his personal knowledge of the facts of and victims in the case. The court
appointed counsel for the petitioner, and the petitioner’s newly appointed counsel then filed an amendment to the earlier petition, alleging ineffective assistance of counsel by both trial and appellate counsel. The trial court conducted an evidentiary hearing on the petition and dismissed the petition for post-conviction relief. The petitioner now appeals the trial court’s dismissal of his petition, alleging that he received both ineffective assistance of trial and appellate counsel and that the trial judge erred in denying his motion for recusal. After the reviewing the record and applicable case law, we find these issues to be without merit and therefore affirm the trial court’s denial of the petition for post-conviction relief.

State of Tennessee v. Patrick Kossow
M2000-01871-CCA-R3-CD
Authoring Judge: Judge L. Terry Lafferty
Trial Court Judge: Judge Charles D. Haston, Sr.

Defendant entered pleas of guilty to the rape of a child in Counts 1, 6, and 7 of the indictment and in Count 3, a plea of guilty to aggravated sexual battery. At the conclusion of a sentencing hearing, the trial court imposed sentences of 24 years for each count of rape of a child and 12 years for the offense of aggravated sexual battery. The trial court ordered that the sentences be served consecutively, resulting in a sentence of 84 years. On direct appeal, Defendant asserts that the trial court erred in imposing an inappropriate sentence on each count and erred in imposing consecutive sentencing on all charges. After a review of the record, we affirm the trial court's judgment.

State of Tennessee v. Sheron Lampton
W2000-01583-CCA-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Roger A. Page

The Defendant was convicted of second offense driving under the influence and violation of the open container law. The trial court sentenced her to eleven months, twenty-nine days incarceration for the DUI conviction, suspended after service of ninety days, and to thirty days incarceration, suspended, for violation of the open container law. In this appeal as of right, the Defendant argues that the evidence presented at trial was insufficient to support her convictions. Having reviewed the record, we conclude that sufficient evidence was presented to support the jury’s findings of guilt and therefore affirm the judgment of the trial court.

State of Tennessee v. Bobby Gene Tucker
E2001-00017-CCA-R3-CD
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge Lillie Ann Sells

The defendant, Bobby Gene Tucker, appeals from the revocation of his probation received for his conviction for driving under the influence of an intoxicant (DUI) after having served fifteen days in confinement. He contends (1) that the revocation warrant and affidavit are void, thereby voiding his probation revocation and (2) that the trial court abused its discretion in sentencing him to serve the maximum term of eleven months, twenty-nine days with credit for time served. We affirm the trial court.

State of Tennessee v. Stella Rodifer
E2001-00034-CCA-R3-CD
Authoring Judge: Presiding Judge Gary R Wade
Trial Court Judge: Judge Robert E. Cupp

The defendant, Stella Rodifer, was convicted of forgery, a felony; six counts of worthless checks under $500.00, misdemeanors; and one count of worthless checks over $1,000.00, a felony. The defendant was sentenced to consecutive terms of two and four years, respectively, on each of the felonies. The trial court imposed concurrent sentences of 11 months and 29 days on each misdemeanor, two of which were ordered to be served consecutively for an effective sentence of seven years, 11 months, and 27 days. The trial court granted probation on the misdemeanors and sentenced the defendant to a Community Corrections program on the felonies. Four months later, the trial court revoked the alternative sentences and ordered the defendant to serve four years for forgery; eight years for felony worthless checks; and 11 months and 29 days (two consecutive) for each of the six counts of worthless checks, for an effective sentence of 13 years, 11 months, and 27 days. In this appeal of right, the defendant argues that the trial court erred by revoking her alternative sentences and by imposing lengthier, consecutive sentences. The judgments are affirmed.

Charles Edward Mitchell v. State of Tennessee
E2001-00373-CCA-R3-PC
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Ray L. Jenkins

The petitioner appeals the denial of post-conviction relief on his second degree murder conviction, arguing that the post-conviction court erred in finding that he had effective assistance of trial counsel. Following his entry of a plea of guilty to second degree murder, the petitioner filed a petition for post-conviction relief, alleging ineffective assistance of counsel. Specifically, he alleged that trial counsel was ineffective for failing to thoroughly investigate and prepare his case, and that were it not for the deficiencies in counsel's representation, he would not have entered his plea of guilty. At the conclusion of an evidentiary hearing, the post-conviction court dismissed the petition, finding that the petitioner had failed to offer any proof to support his allegations. After a careful review, we affirm the judgment of the post-conviction court.

Mattie L. Scales v. City of Oak Ridge, Et Al.
E2000-00499-WCM-CV
Trial Court Judge: James B. Scott, Jr.