State vs. Kenneth Sisco
M2000-00036-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Steve R. Dozier
The Defendant pleaded guilty to the offense of robbery. His plea agreement provided that he would be sentenced as a Range II multiple offender, with the length of the sentence to be determined by the trial judge. Following a sentencing hearing, the judge sentenced him to ten years in the Department of Correction. On appeal, the Defendant argues that the trial judge erred by setting his sentence at ten years. We affirm the judgment of the trial court.

State vs. Melissa Stearns
M1999-1826-CCA-R3-CD
Trial Court Judge: Timothy L. Easter
The appellant, Melissa Ann Stearns, pled guilty in the Williamson County Circuit Court to one (1) count of reckless endangerment, a Class E felony, and one (1) count of evading arrest, a Class E felony. The trial court sentenced the appellant as a Range I offender to concurrent terms of two (2) years for each offense, suspended after service of thirty (30) days in the Williamson County Jail. On appeal, the appellant contends that the trial court erred in ordering her to serve thirty (30) days in jail. After thoroughly reviewing the record before this Court, we hold that, due to the seriousness of the offenses committed by the appellant, the trial court did not err in denying full probation. Therefore, the judgment of the trial court is affirmed.

Shanta Fonton McKay vs. State
M2000-00016-CCA-R3-PC
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Cheryl A. Blackburn
After his transfer from juvenile court, appellant pled guilty to second degree murder and, pursuant to a negotiated plea agreement, received a sentence of 19 years. Appellant sought post-conviction relief, which was denied by the trial court. In this appeal as a matter of right, appellant seeks relief alleging a double jeopardy violation, an involuntary guilty plea, and ineffective assistance of counsel. After a thorough review of the record, we affirm the denial of post-conviction relief.

In Re: Paul's Bonding Company, Inc.
M1999-02528-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: J. Randall Wyatt, Jr.
The appellant, Paul's Bonding Company, Inc., appeals the judgments of the Davidson County Criminal Court ordering complete forfeiture of bail bonds in the cases of criminal defendants Carlos Ramon Ruiz and Castulo Morales Vasquez and partial forfeiture of the bail bond in the case of criminal defendant Reyes Castro. Following a review of the record and the parties' briefs, we affirm the judgments of the trial court.

State vs. Brentol Calvin James
M1999-02533-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Seth W. Norman
The appellant, Brentol Calvin James, was convicted by a jury in the Davidson County Criminal Court of one count of possession of a weapon during the commission of an offense, a class E felony. The trial court sentenced the appellant, as a Range I offender, to a one- year sentence of incarceration in the Davidson County Workhouse. The appellant raises the following issue for our review: whether the trial court erred in allowing a verdict to stand when there was insufficient evidence, as a matter of law, to support the conviction. Upon review of the record and the parties' briefs, we reverse the judgment of the trial court.

State vs. Peter George Crehan
M1999-02542-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Robert W. Wedemeyer
The defendant was convicted by a Robertson County jury of driving under the influence ("DUI"), third offense, and reckless driving. Defendant claims on appeal that the trial court erred by (1) sustaining his conviction for DUI, third offense, despite the indictment's failure to allege the specific court in Davidson County where he received his two prior DUI convictions; and (2) the evidence was insufficient to sustain his conviction for reckless driving. After a through review of the record, we affirm the judgment of the trial court.

State vs. James D. Brazelton
M1999-02477-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Cheryl A. Blackburn
The appellant, James D. Brazelton, was convicted by a jury in the Davidson County Criminal Court of one count of possession of marijuana, over 10 pounds but less than 70 pounds, with the intent to deliver, a class D felony. The trial court sentenced the appellant, as a Range II offender, to seven years incarceration in the Tennessee Department of Correction. The appellant raises the following issues for our review: (1) whether the jury's verdict was supported by the evidence; and (2) whether the sentence imposed by the trial court was excessive. Upon review of the record and the parties' briefs, we affirm the judgment of the trial court.

State vs. Jerry Belew
M1999-02143-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Robert L. Jones
The defendant was convicted by a Maury County jury of attempted second degree murder and aggravated assault. The trial court sentenced defendant to consecutive sentences of nine years for attempted second degree murder and three years for aggravated assault. In this appeal defendant alleges that the trial court: (1) improperly limited defense counsel's closing argument; (2) improperly denied his requested jury charges; and (3) improperly sentenced him to consecutive sentences. After a thorough review of the record, we affirm the judgment of the trial court.

Cunningham vs. Cunningham
W1999-02054-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Joe C. Morris
This appeal involves a divorce after seven years of marriage. The trial court granted the wife a divorce, divided the property, awarded the wife rehabilitative alimony and alimony in solido, awarded child support for the parties' minor child, established an educational trust fund, and ordered the husband to maintain life insurance for so long as he is obligated to pay child support. On appeal, husband takes issue with all of the above and also raises the constitutionality of the child support guidelines. In addition, wife takes issue with the failure of the trial court to award her litigation expenses. We have determined that the trial court's judgment should be affirmed in part, reversed in part and remanded.

The Pointe vs. Lake Mgmt.
W2000-00211-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Walter L. Evans
This appeal arises from a declaratory judgment action to determine rights in a privately-owned lake. Plaintiffs purchased land adjacent to the artificially-created lake for the purpose of developing residential lots. Subsequent to the sale of the property, Plaintiffs' grantor conveyed title to the lake to Defendant. Defendant claims it has the right to control use of the lake and that Plaintiffs have no right to lake access without Defendant's permission. The trial court granted Defendant's motion for summary judgment on the grounds that: (1) the lake is unnavigable, and no riparian rights can therefore flow to adjoining landowners; (2) the Defendant, as owner of the land subjacent to the lake, has a right to the unimpeded use and control of the property; and (3) any use of the lake by the adjoining property owners without Defendant's consent would constitute a trespass. Plaintiffs appeal.

Matter of Fannie Barnhill
W2000-00289-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Martha B. Brasfield
Will contestant voluntarily dismissed chancery court proceeding to contest will. Subsequently, contestant filed another notice to contest the will. The trial court, on motion, dismissed the proceeding as barred, because it had previously been dismissed, and such an action is within an exception to Tenn.R.Civ.P. 41.01 (1). Contestant has appealed.

Denley Rentals vs. Howard Etheridge
W2000-00189-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: D. J. Alissandratos
This case involves the assignability of a chose in action. The plaintiffs are two related limited liability companies and the person who was the owner/manager of both. The owner/manager contracted to purchase real property from the defendants, and later assigned his interest under the contract to one of the limited liability companies. The first limited liability company closed the transaction with the defendants. After the transaction was closed, the first company discovered a landfill located on the property that had not been disclosed by the defendants. The first company then transferred the property to the second limited liability company for de minimis consideration. The owner/manager of both companies made a "mental assignment" of the chose in action from the first company to the second company, and the second company incurred the cost of clearing the landfill debris. The plaintiffs jointly sued the defendants for breach of contract, fraud, and misrepresentation. The trial court dismissed the suit, holding that there was not a valid assignment of the chose in action, that the first company was precluded from recovery because it suffered no damages, and that the second company was precluded from recovery because it took the property with full knowledge of the defect. On appeal, we reverse and remand, finding that the chose in action was validly assigned.

American Indemnity vs. Foy Trailer
W2000-00397-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: D. J. Alissandratos
American Indemnity Company sought a declaratory judgment that its commercial general liability (CGL) policy did not cover claims made by Ms. Johnson against the Appellants in her federal court complaint and that it did not have a duty to defend Appellants in the federal action. The Chancery Court for Shelby County held that there was no coverage and no duty to defend. Appellants appealed. We affirm.

Jerry Wayne Terry vs. Donna Brazier Terry
E2000-00825-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: Steven C. Douglas
This appeal from the Cumberland County Probate and Family Court concerns whether the Trial Court erred in making an equitable division of the marital estate of Jerry Wayne Terry, the Appellant, and Donna Brazier Terry, the Appellee. We affirm the judgment of the Trial Court and remand for such further proceedings as may be necessary. We adjudge costs of appeal against Mr. Terry and his surety.

Scott Yother vs. Laine Yother
E2000-01046-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Jacqueline E. Schulten
In this post-divorce case, Elaine Hines Yother ("Mother") appeals from an order awarding primary residential custody of the parties' minor child, Avery Raechelle Yother (DOB: April 2, 1995), to the child's father, Scott Christopher Yother ("Father"). Mother argues (1) that the trial court lacked subject matter jurisdiction to modify the custodial arrangement decreed in the parties' divorce judgment; and, alternatively, (2) that the evidence preponderates against the trial court's judgment changing custody. Because we find that the trial court lacked subject matter jurisdiction to address the issue of custody, we reverse the judgment below.

E1999-01909-R3-CV
E1999-01909-R3-CV
Trial Court Judge: James B. Scott, Jr.

Whittington-Barrett vs. Johnson
E2000-00700-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: Jean A. Stanley
This is a suit between two inmates of the State of Tennessee. The Plaintiff, a transsexual, seeks a declaratory judgment "to establish the rights of the Plaintiff," and damages, attorney fees and costs against the Defendant because of sexual harassment. The cause of action alleges violation of various sections of the Constitutions of the State of Tennessee and the United States of America and of the Civil Rights Act of 1964. The Trial Judge dismissed the complaint because there was "no claim of state action in Plaintiff's complaint, nor is this an employer/employee situation." We affirm.

Edward F. Curtis vs. Stephen T. Nash, et al
E1999-01135-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: Dale C. Workman
This appeal arises in the Knox County Circuit Court from a grant of a motion for summary judgment. Edward F. Curtis appeals the grant of summary judgment. We affirm the judgment of the Trial Court and remand for such further proceedings as may be necessary consistent with this opinion. We adjudge costs of appeal against Mr. Curtis and his surety.

Kenneth L. Storey vs. David J. Poss
E1999-00192-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: Daryl R. Fansler
Plaintiff/Appellant is an inmate at West Tennessee High Security Prison in Hennig, Tennessee, pursuant to a conviction for aggravated rape. Defendant, a Tennessee attorney, was appointed by the General Sessions Court to represent Plaintiff at a preliminary hearing on that charge. After that hearing, Plaintiff was bound over to the grand jury for trial. Plaintiff asked the Criminal Court to dismiss Defendant as his counsel and to appoint another attorney. The Criminal Court granted Plaintiff's request and appointed new counsel on April 18, 1996. On August 29, 1997, Plaintiff filed this legal malpractice action against Defendant in Chancery Court asking for damages of $730,000. Defendant filed a Motion for Summary Judgment asserting that there are no genuine issues of material fact and that the one-year statute of limitations for attorney malpractice claims bars Plaintiff's claim. The Chancellor granted Defendant's Motion for Summary Judgment and dismissed Plaintiff's Complaint. We affirm.

X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
Trial Court Judge: William Charles Lee

Ernestyne M. Webb v. Shoe City, Inc.,
W1998-00741-WC-R3-CV
Authoring Judge: F. Lloyd Tatum, Senior Judge
Trial Court Judge: Karen R. Williams, Judge
This case involves a back injury sustained in 1995 by Ernestyne M. Webb, an employee of Shoe City, Incorporated. The employee brought suit against the employer and its insurer, The Traveler's Insurance Company. The trial court found that the employee had sustained a herniated disk at the L-4 level of her spine and suffered a 15 percent anatomical impairment rating as a result. The court awarded benefits based upon 67.5 percent disability to the body as a whole. The court also found that the employee was not returned to work and declined to apply the two and one-half (2.5) times cap in Tennessee Code Annotated _ 50-6-241(a). The defendants have presented the following issues on appeal: (1) whether the evidence preponderates against the trial court's finding that the plaintiff was not returned to work as required by Tennessee Code Annotated _ 50-6-241(a); and (2) whether the evidence preponderates against the court's finding that the plaintiff suffered a 15 percent anatomical impairment to the body as a whole. We find that we must affirm the trial court's judgment as modified.

Antonia Regina Rose v. Emerson Motor Company
W1999-02705-SC-WCM-CV
Authoring Judge: J. Steven Stafford, Special Judge
Trial Court Judge: George R. Ellis, Chancellor
This is an appeal by the defendant/employer. The only issue presented is whether the evidence preponderates against the trial court's award of 35% permanent partial disability to each of the plaintiff's arms. We find it does not and affirm the judgment of the trial court.

State vs. William Lewis Houston
M1999-01430-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Jim T. Hamilton
Defendant was convicted by a Giles County jury of eight drug offenses and one count of aggravated assault. He received an effective sentence of seventy-two years. In this appeal, the defendant makes the following allegations: (1) the evidence was insufficient to support his convictions; (2) the trial court committed plain error by consolidating all nine indictments for trial; (3) the process of selecting the jury venire was unconstitutional; (4) the trial court improperly limited the defendant's cross-examination of the undercover agent; (5) the trial court erred by admitting into evidence transcripts of certain tape recorded conversations and failed to properly instruct the jury concerning the transcripts; and (6) the trial court erred in its sentencing determinations. We conclude the trial court improperly sentenced the defendant and reduce the sentences to an effective term of forty-six years. The judgments of the trial court are affirmed in all other respects.

State vs. Warner Powell and Charlie Stokes
M1999-00661-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Robert W. Wedemeyer
This is an appeal as of right by the State of Tennessee, which argues that the trial court erred by suppressing the evidence obtained against the Defendants pursuant to a search warrant. The State asserts that the trial court incorrectly concluded that the search warrant was invalid because the agent who provided the information in the affidavit establishing probable cause to search did not have the authority to execute the warrant or arrest the Defendants. In response, the Defendants assert that the State's notice of appeal was not timely filed, and they argue that the evidence was properly suppressed because the agent did not have the authority to obtain or execute the search warrant and because the affidavit did not establish the veracity of the confidential informant. We conclude that the State's notice of appeal was not timely filed, but we will consider the appeal in the interest of justice. We further conclude that the search warrant was valid; thus the trial court erred by suppressing the evidence obtained pursuant to the warrant. Accordingly, the trial court's order suppressing the evidence is reversed, and this case is remanded for further proceedings consistent with this opinion.

State vs. Roderick Johnson
M1999-00605-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: J. Randall Wyatt, Jr.
A Davidson County jury convicted defendant of second degree murder. In this appeal as a matter of right, defendant challenges only the sufficiency of the evidence upon which the jury based his conviction. Our review of the record reflects sufficient evidence to support the jury's finding. Accordingly, we affirm the judgment of the trial court.