State of Tennessee v. Dewayne Chambers
M2002-01858-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge John H. Gasaway, III

A Robertson County jury convicted the defendant, Dewayne Chambers, of kidnapping and rape. The trial court imposed concurrent sentences of three years for the kidnapping conviction and eight years for the rape conviction to be served in the Department of Correction. On appeal, the defendant contends the trial court erred in denying alternative sentencing. We affirm the judgments of the trial court.

David Forrester v. State of Tennessee
M2002-01942-CCA-R3-PC
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: judge Robert E. Burch

The petitioner appeals the denial of his petition for post-conviction relief from his conviction for aggravated sexual battery. He argues that he was denied the effective assistance of counsel because his divorce attorney, who thereafter became his initial trial attorney, failed to attend a polygraph examination and advise petitioner of the protocol, limitations, and requirements necessary to complete the examination. The petitioner further asserts that he was denied effective assistance of counsel by his second trial attorney because this attorney was unprepared to argue a motion to suppress and failed to adequately investigate factual allegations, review juvenile court records, call critical witnesses, pursue leads that would have established a conspiracy by the petitioner's wife to wrongfully prosecute him, and let the petitioner review the brief filed on direct appeal. Based upon our review, we affirm the post-conviction court's denial of the petition.

State of Tennessee v. Tommy G. Benham
M2000-02357-SC-R11-CD
Authoring Judge: Justice Adolpho A. Birch, Jr.
Trial Court Judge: Judge J. Randall Wyatt, Jr.

Tennessee Code Annotated section 40-35-202(a) requires that the State notify the defendant of its intent to seek enhanced punishment. We accepted this cause in order to decide whether the State complied with this statutory mandate. The trial court ruled that the State's response to the defendant's discovery request met the statutory requirement and therefore, permitted the State to seek enhanced punishment outside of Range I. The Court of Criminal Appeals affirmed. On consideration, we conclude that the State did not meet the notice requirement. Accordingly, we reverse the Court of Criminal Appeals and remand this case to the trial court for re-sentencing.

Steven Chance v. State of Tennessee
M2002-02991-CCA-R3-PC
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Robert E. Burch

The petitioner appeals the denial of his post-conviction relief petition following his nolo contendere pleas to aggravated burglary, aggravated assault, and evading arrest. He contends his trial counsel did not provide him with effective assistance when he entered into the plea agreement. We affirm the judgment of the post-conviction court.

State of Tennessee v. Tim Mattingly
M2002-02765-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge Robert E. Burch

The trial court found the defendant, Tim Mattingly, violated the terms of his ten-year community corrections sentence. It ordered him to serve three years "day for day" in the county jail before serving the remainder of his ten-year sentence on community corrections. In this appeal, the defendant argues the trial court acted without authority in imposing this sentence. We conclude the trial court imposed an illegal sentence and remand for further proceedings.

Steve Mason v. State of Tennessee
M2002-00414-CCA-R3-PC
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge Jim T. Hamilton

The petitioner, Steve Mason, brings the instant appeal of the post-conviction court's denial of his petition for relief. The petitioner stands convicted of first degree murder and attempted first degree murder. In this appeal, he alleges that he is entitled to post-conviction relief on the basis that the facts introduced at trial are insufficient to support his convictions and because he received ineffective assistance of trial counsel.

State of Tennessee v. Sammy Claude Wilson
W2002-02832-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge C. Creed McGinley

A Carroll County jury convicted the Defendant of manufacturing the controlled substance methamphetamine. The trial court sentenced the Defendant as a standard offender to four years and six months of incarceration. The Defendant now appeals, contending the following: (1) that insufficient evidence was presented at trial to support the conviction; and (2) that the jury’s indication on the special verdict form showed its confusion with regard to the trial court’s instructions rendering the  verdict unsustainable or, in the alternative, constituting “plain error.”  Finding no error, we affirm the judgment of the trial court.

State of Tennessee v. Edward D. Haney
E2002-02189-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Ben W. Hooper, II

The State appeals the trial court's suppression of twenty-five rocks of cocaine seized from the defendant. Because the trial court "did not feel comfortable" in elaborating the reason why the evidence should be suppressed, we remand for the trial court to make findings of fact and conclusions of law.

Shawn E. McWhorter v. Randall Bare
E2002-02896-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: W. Neil Thomas, III
Professional pilot Shawn E. McWhorter ("Plaintiff") sued Randall Barre ("Defendant") for defamation based upon a letter Defendant wrote to the Federal Aviation Administration ("FAA") containing allegations that plaintiff was medically unfit to be a pilot. The jury returned a verdict for plaintiff and awarded $25,000 in compensatory damages and $42,500 in punitive damages. The trial court entered its judgment, as later amended, in favor of plaintiff against defendant for $105,820.01, consisting of compensatory damages of $25,000, punitive damages of $42,500, and attorney fees and expenses in the amount of $38,320.01. The trial court's award of attorney fees and expenses was based upon defendant's refusal to admit liability in response to requests for admission. Defendant appeals. We affirm, in part, and reverse, in part.

In Re: Lillie Odessie Green, Decedent
M2002-01672-COA-R3-CV
Authoring Judge: Judge Royce Taylor
Trial Court Judge: Frank G. Clement, Jr.
The court is asked to construe the following language contained in a form will: "I give all my estate to my children, if any, who survive me in equal shares, per stirpes." The testatrix was survived by four of her five children. The trial court held that the two children of the testatrix's child who predeceased her did not take any of her estate. We hold likewise.

Barbara Lee Bunce Kerce v. Stephen Paul Kerce
M2002-01744-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Lee Russell
The appellant Stephen Paul Kerce challenges the divorce decree entered in Moore County Circuit Court, alleging that the court erred in its valuation and distribution of the marital estate. We affirm.

In Re: The Estate of Merle Halliburton Neal Myers v. Farmers & Merchants Bank Corp., Inc. Brooksie Byers, Douglas Myers, James Myers
M2002-00888-COA-R3-CV
Authoring Judge: Judge Patricia J. Cottrell
Trial Court Judge: Judge Robert E. Burch

After the death of their elderly mother, her sons discovered that the decedent's stepson and his wife had used a power of attorney to transfer the funds from the decedent's $20,000 CD to themselves. The decedent's son filed a petition to have the money restored to her estate. The trial court held that the CD was a valid inter vivos gift from the decedent. We reverse, because there is no evidence in the record that such a gift was ever made.

M2002-02661-COA-R3-CV
M2002-02661-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Irvin H. Kilcrease, Jr.

Department of Children's Services v. C.L. & M.T.
M2001-02729-COA-R3-JV
Trial Court Judge: Andrei E. Lee
At issue in this appeal is the petition filed by the Department of Children's Services to terminate the parental rights of Mother and Father to nine of their children. After a trial, the trial court granted the petition to terminate the parental rights of Mother and Father based on abandonment, failure to comply with the Permanency Plans, and persistence of the conditions which led to the removal. Each parent independently appeals the decision of the trial court, arguing that there was not clear and convincing evidence to support the trial court's ruling. Because we find that grounds for termination were not proved as to either parent, we reverse the judgment terminating Father's and Mother's parental rights.

State of Tennessee v. Charles Rufus Foster Sr.
W2002-00350-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge C. Creed Mcginley

The defendant appeals his conviction of rape and his ten-year sentence. The defendant contends that the evidence is insufficient to support the conviction, that the trial court erroneously allowed the victim to testify, and that expert testimony should not have been admitted into evidence. The defendant also contends that the trial court erred in sentencing. After careful review, we conclude the evidence is sufficient to support the conviction and the trial court did not err. We affirm the conviction and the judgment of the trial court.

Andrew Cole v. State of Tennessee
W2002-01432-CCA-R3-PC
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge L. Terry Lafferty

The Appellant, Andrew Cole, appeals the dismissal of his petition for post-conviction relief by the Gibson County Circuit Court. Cole is currently incarcerated as a result of his jury convictions for attempted first degree murder, attempted second degree murder, aggravated assault, and felon in possession of a firearm. On appeal, Cole raises the issues of: (1) whether he received ineffective assistance of counsel; (2) whether the trial court erred in refusing to appoint “new counsel” for him at trial; and (3) whether he was improperly sentenced as a multiple offender. After review of the issues, we affirm the dismissal of the petition.

Charles W. Cole v. State of Tennessee
E2002-02535-CCA-R3-PC
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Lynn W. Brown

The petitioner, Charles W. Cole, pled guilty on February 4, 2000, to five sexual offenses and, in January 2001, filed a petition for post-conviction relief, asserting that his trial counsel was ineffective. Following a hearing, the post-conviction court dismissed the petition, and the petitioner timely appealed. We affirm the dismissal of the petition

State of Tennessee v. Rhonda Rock
E2002-01580-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge R. Jerry Beck

The defendant appeals her sentence of four years for voluntary manslaughter. The defendant contends that the trial court erred in denying her any form of alternative sentencing. We conclude that the trial court did not err in sentencing and affirm the judgment of the trial court.

Jasmine A. Ali v. Eric N. Fisher, et al.
E2003-00255-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: John S. Mclellan, III
After an automobile accident in which she suffered serious injuries, Jasmine A. Ali ("Plaintiff") sued both the driver of the automobile, Eric N. Fisher ("Fisher"), and the owner of the automobile, Thomas Scheve ("Scheve"). The claim against Scheve was based on negligent entrustment. Prior to trial, Plaintiff and Scheve were in sharp disagreement as to whether Scheve's alleged negligent entrustment resulted in Scheve's being vicariously liable for Fisher's conduct, or whether Scheve's negligence should be apportioned by the jury pursuant to comparative fault principles. The trial court concluded Scheve's alleged negligent entrustment should be apportioned by the jury pursuant to comparative fault principles. After a trial, the jury returned a verdict for plaintiff and apportioned fault, 80% to Fisher and 20% to Scheve based on his negligent entrustment of the vehicle to Fisher. The trial court entered a judgment in accordance with the jury's verdict. Plaintiff filed a Motion to Alter or Amend Judgment asking the trial court to reverse its earlier pre-trial ruling and hold Scheve vicariously liable for Fisher's negligence because Scheve negligently entrusted the vehicle to Fisher. The trial court granted the motion and amended the judgment which, in effect, held Scheve and Fisher jointly and severally liable for the entire amount of the jury's award. Scheve appeals. We hold the trial court erred when it amended the original judgment after concluding, post- trial, that Scheve was vicariously liable for Fisher's conduct. We vacate the amended judgment and reinstate the original judgment of the trial court entered in accordance with the jury's verdict apportioning fault.

Lindsay Alford vs. Oak Ridge City Schools
E2002-03133-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: James B. Scott, Jr.
Lindsay E. Alford ("the plaintiff") and her father, David R. Alford, IV, sued The Oak Ridge City Schools ("the high school") under the Governmental Tort Liability Act ("GTLA") for injuries sustained by the plaintiff when she slipped on a hallway floor at Oak Ridge High School, where she was a student. At the conclusion of the plaintiff's proof, the trial court granted the high school's motion for an involuntary dismissal, finding that, while the plaintiff had proven the existence of water on the floor, she had failed to prove that the high school knew or should have known about the water. From this ruling, the plaintiff appeals. We affirm.

TGJ & Co. vs. Michael E. MaGill
E2003-00298-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: John F. Weaver
Margaret E. Bowers ("the Claimant") appeals the judgment of the trial court, which reversed an administrative determination of the Commissioner of the Department of Labor and Workforce Development ("the Commissioner"). The Commissioner had held that the Claimant is eligible for unemployment compensation as a result of the termination of her employment with TGJ & Co., Inc. ("the Employer"). Because we hold that the Claimant voluntarily quit her employment without good cause, we affirm the trial court.

State of Tennessee v. Ricky Thompson
E2002-02631-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge John K. Byers

The Defendant, Ricky Thompson, was convicted by a jury of first degree murder, aggravated assault, and arson. He was sentenced to death for the first degree murder. Upon the Defendant's motion for judgment of acquittal, the trial court entered an order modifying the jury's verdicts to not guilty by reason of insanity. The State raises one principal issue in this direct appeal, which it states as follows: whether the trial court erred in reversing the jury's determination of guilt and granting the Defendant a judgment of acquittal by reason of insanity on charges of first degree murder, aggravated assault, and arson. Because we find the evidence legally sufficient to support the jury's verdicts, we reverse the trial court's order, reinstate the jury's verdicts, and remand the case to the trial court for consideration of the Defendant's motion for a new trial and sentencing on the aggravated assault and arson convictions.

State of Tennessee v. Ricky Lynn Littrell
M2002-01298-CCA-R3-CD
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge Lee Russell

The defendant, Ricky Lynn Littrell, was convicted by a Bedford County Circuit Court jury of theft of property valued more than $1,000 but less than $10,000, a Class D felony, and the trial court sentenced him as a career offender to twelve years in the Department of Correction. In this delayed appeal, the defendant claims that (1) the evidence is insufficient to support his conviction; (2) the trial court erred by allowing the stolen merchandise into evidence because a chain of custody had not been established; and (3) the trial court erred by allowing a list of the stolen merchandise into evidence because the testifying witness did not properly authenticate the list pursuant to Rule 901, Tenn. R. Evid. We affirm the judgment of the trial court.

Tony Willis v. Dept of Correction
M2000-01397-SC-R11-CV
Authoring Judge: Justice William M. Barker
Trial Court Judge: Ellen Hobbs Lyle
The issue in this case is the proper standard to be applied to motions to dismiss petitions for common-law writ of certiorari in prison disciplinary proceedings. This appeal involves a prisoner who was charged with and convicted of the disciplinary violation of attempted escape. The prisoner filed a petition for a common-law writ of certiorari in the Chancery Court for Davidson County challenging the action of the disciplinary board arguing that it was illegal, arbitrary, and excessively punitive. The chancery court granted the Department of Correction's motion to dismiss for failure to state a claim because the process provided to the petitioner was commensurate with the sanctions imposed upon him, and therefore, there was no violation or deprivation of due process. The majority of the Court of Appeals affirmed the trial court's judgment, with Judge Koch dissenting. We granted Petitioner's request for permission to appeal, and after conducting our own de novo review of the record, we hold that the petitioner did state a claim for relief under the common-law writ of certiorari because his petition alleged that the disciplinary board failed to follow its own disciplinary guidelines and that the petitioner was substantially prejudiced thereby. At the same time, we agree with the Department of Correction that the petitioner did not state a claim for relief under the due process clause of the United States Constitution or the Tennessee Constitution. Accordingly, the decision of the Court of Appeals is reversed in part, affirmed in part, and the case is remanded to the trial court for further proceedings.

State of Tennessee v. Valerie Arlene Bullion
M2002-02370-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge W. Charles Lee

The appellant, Valerie Arlene Bullion, pled guilty in the Marshall County Circuit Court to operating a motor vehicle in violation of the Motor Vehicle Habitual Offenders Act, a Class E felony; driving under the influence, tenth offense, a Class E felony; driving on a revoked license, fourth offense, a Class A misdemeanor; and violation of the implied consent law. The trial court sentenced the appellant to an effective sentence of eight years incarceration in the Tennessee Department of Correction, suspended the appellant's driver's license for ten years, and imposed a three thousand dollar ($3000) fine. On appeal, the appellant complains that the sentences imposed by the trial court are excessive. Upon review of the record and the parties' briefs, we affirm the judgments of the trial court.