State of Tennessee v. Teresa Gail Presson
M2002-03090-CCA-R3-CD
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge Robert E. Burch

The defendant, Teresa Gail Presson, appeals from the Dickson County Circuit Court's order revoking her probation that she received upon her guilty plea to theft of property valued more than $10,000 but less than $60,000. The defendant contends that although she violated her probation, the trial court erred by ordering her to serve the remainder of her sentence in confinement. We affirm the judgment of the trial court.

Dickson Court of Criminal Appeals

Thomas Moore v. Shoney's, Inc.
M2002-02635-WC-R3-CV
Authoring Judge: Joe C. Loser, Jr., Sp. J.
Trial Court Judge: Carol L. Soloman, Judge
In this appeal, the employer questions the trial court's award of disability benefits and the admissibility of a medical expert's opinion. As discussed below, the panel finds no reversible error and concludes the evidence fails to preponderate against the findings of the trial court.

Moore Workers Compensation Panel

State of Tennessee, ex.rel. Vikki Davis vs. John Davis
W2001-02565-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: George R. Ellis
This case involves a judge's sua sponte decision not to enforce a Tennessee statute. The parties divorced in 1997, and the mother was awarded custody of the parties' minor daughter. The father was required to pay child support. The father failed to pay, and the State filed a petition for contempt on the mother's behalf. The father was found in contempt for his failure to pay. Sua sponte, the trial judge refused to enforce the Tennessee statute requiring the payment of a child support processing fee, citing a perceived violation of an unspecified federal law. The State appeals. We reverse, finding that the trial judge erred in refusing to apply the statute.

Haywood Court of Appeals

In Re: J.J.C., D.M.C., S.J.B. vs. John Calabretta
W2002-01400-COA-R3-JV
Authoring Judge: Judge Holly M. Kirby
This is a termination of parental rights case. While the father was incarcerated for driving offenses, the mother was arrested for possession of drug paraphernalia. As a result, the parties' two young children were placed in state custody. When the father was released from prison, he contacted the state to enter into a plan of permanency. Subsequently, the state filed a petition to terminate the parental rights of both the mother and the father, alleging that they had failed to comply with the permanency plan, and that they abandoned the children by willfully failing to pay child support to the state. Almost a year later, the trial court conducted a trial in the matter. After the trial, the trial court entered an order terminating the parental rights of both the mother and the father. The father's parental rights were terminated based, in part, upon abandonment. Only the father has appealed from the trial court's decision. We reverse, finding that the evidence does not establish by clear and convincing evidence that the father's failure to make support payments was willful.

Shelby Court of Appeals

Ira Miles v. State of Tennessee
W2003-00784-CCA-R3-PC
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge Chris B. Craft

The Defendant, Ira Miles, brings this appeal from the trial court’s denial of post-conviction relief. The Defendant pled guilty to especially aggravated robbery and received an agreed sentence of seventeen years to be served at one hundred percent. In this appeal, he argues that he is entitled to post-conviction relief because he was denied the effective assistance of counsel during the course of his plea. We affirm the judgment of the trial court.

Shelby Court of Criminal Appeals

Terry Baker Smithson v. James Alvin Smithson, Jr.
W2003-00204-COA-R3-CV
Authoring Judge: Judge David R. Farmer

Shelby Court of Appeals

Debbie Legens v. Darin Marshall D/B/A Marshall Recovery
W2003-00005-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: William B. Acree

Weakley Court of Appeals

Richard Rehagen v. State of Tennessee
W2003-00894-CCA-R3-PC
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge John P. Colton, Jr.

The Defendant, Richard Rehagen, pled guilty to one count of first degree murder, one count of attempted first degree murder, and one count of aggravated arson. He was sentenced to life imprisonment without the possibility of parole for the murder, and to twenty-five years for each of the other two offenses, to run concurrently. The Defendant subsequently challenged his pleas by filing a petition for post-conviction relief. The trial court denied the Defendant’s petition after an evidentiary hearing, and the Defendant now appeals. We affirm the judgment of the trial court.

Shelby Court of Criminal Appeals

State of Tennessee v. Kevin D. Guffey
E2002-02527-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge Rebecca J. Stern

The appellant, Kevin D. Guffey, pled guilty in the Hamilton County Criminal Court to driving under the influence (DUI), a Class A misdemeanor. The trial court sentenced the appellant to eleven months and twenty-nine days in the county workhouse, to be suspended after serving forty-eight hours, and imposed a fine in the amount of three hundred sixty dollars ($360). The trial court also suspended the appellant's driver's license for one year and ordered the appellant to attend "DUI school." Pursuant to the plea agreement, the appellant reserved the right to appeal a certified question of law challenging the trial court's denial of his motion to suppress. Upon review of the record and the parties' briefs, we affirm the judgment of the trial court.

Hamilton Court of Criminal Appeals

State of Tennessee v. Torrance Maurice Knight
E2003-00079-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Douglas A. Meyer

The defendant pled guilty to three counts of aggravated assault, two counts of solicitation of a minor, four counts of indecent exposure, and possession of a dangerous weapon. He agreed to an effective five-year sentence, with the manner of service to be determined by the trial court. The defendant contends that the trial court erred in denying him an alternative sentence. We affirm the judgments of the trial court.

Hamilton Court of Criminal Appeals

State of Tennessee v. John Johnson
W2002-01333-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge Joseph B. Dailey

The jury convicted the defendant of especially aggravated robbery and theft over $10,000. The trial court imposed consecutive twenty-five-year and ten-year sentences, respectively. On appeal, the defendant argues: (1) there was insufficient evidence to support his conviction for especially aggravated robbery; (2) the trial court erred in not allowing him to move from the defense table to view evidence on a monitor; and (3) the trial court erred in sentencing him. We affirm the judgments of the trial court.

Shelby Court of Criminal Appeals

State of Tennessee v. Eslie L. Morgan
W2003-00172-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge W. Otis Higgs, Jr.

A Shelby County jury convicted the defendant, Eslie L. Morgan, of attempted voluntary manslaughter. The trial court sentenced him to eight years in confinement as a Range II multiple offender. On appeal, the defendant contends: (1) the evidence is insufficient to support his conviction; and (2) the trial court erred in permitting the prosecutor to ask the victim an improper question during redirect examination. Upon review of the record and the applicable law, we affirm the judgment of the trial court.

Shelby Court of Criminal Appeals

Nadia Coffer v. State of Tennessee
W2003-00529-CCA-R3-PC
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge Arthur T. Bennett

The petitioner, Nadia Coffer, appeals the lower court’s denial of her post-conviction relief petition. The petitioner originally entered guilty pleas in the Shelby County Criminal Court to especially aggravated kidnapping and attempted first degree murder and received two concurrent fifteen-year sentences, the minimum sentences for these Class A felonies. On appeal, the petitioner contends her pleas were unknowingly and involuntarily entered due to ineffective assistance of counsel. We affirm the judgment of the post-conviction court.

Shelby Court of Criminal Appeals

W2003-00461-COA-R3-CV
W2003-00461-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Karen R. Williams

Shelby Court of Appeals

Mohammad Rafieetary v. Maryam Khoshroo Rafieetary
W2003-00121-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: John R. Mccarroll, Jr.

Shelby Court of Appeals

W2003-00017-COA-R3-CV
W2003-00017-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Joseph H. Walker, III

Lauderdale Court of Appeals

W2002-03139-COA-R3-CV
W2002-03139-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Kay S. Robilio

Shelby Court of Appeals

W2002-02228-COA-R3-CV
W2002-02228-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Robert L. Childers

Shelby Court of Appeals

CH-01-1611-3
CH-01-1611-3
Trial Court Judge: D. J. Alissandratos

Shelby Court of Appeals

Charles R. Newman v. The City of Knoxville,
E2003-00841-WC-R3-CV
Authoring Judge: John K. Byers, Sr. J.
Trial Court Judge: Sharon Bell, Chancellor
In this appeal, the employee insists the trial court erred in granting summary judgment in favor of the employer. As discussed below, the panel has concluded the trial court erred in granting the employer summary judgment.

Knox Workers Compensation Panel

State of Tennessee v. Thomas Anthony Talley
W2002-02620-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Clayburn L. Peeples

The defendant was convicted of driving under the influence, fourth offense, and violation of the implied consent law. He contends on appeal that (1) there was no reasonable suspicion for the stop and (2) the evidence was insufficient because the officer used a non-standardized test. Crossing the yellow line on several occasions and almost hitting a trooper provided sufficient probable cause for the stop, and the evidence was sufficient to support the conviction. We affirm the judgments of the trial court.

Gibson Court of Criminal Appeals

W2002-02676-COA-R3-CV
W2002-02676-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Walter L. Evans

Shelby Court of Appeals

Jeanne L. Schuett v. Egon Horst Schuett, Jr.
W2003-00337-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Rita L. Stotts

Shelby Court of Appeals

Maria Louise Bernhard Kollasch Krahn v. Todd Michael
W2002-02931-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: George H. Brown

Shelby Court of Appeals

CH-00-0939-2
CH-00-0939-2
Trial Court Judge: Floyd Peete, Jr.

Shelby Court of Appeals