Jimmy R. Turner v. Travelers Insurance
01S01-9610-CV-00203
Authoring Judge: William S. Russell, Retired Judge
Trial Court Judge: Hon.

01C01-9510-CR-00347
01C01-9510-CR-00347
Trial Court Judge: Jerry Scott

State vs. Orlando Hobson
01C01-9612-CC-00527
Trial Court Judge: Jim T. Hamilton

Patrick v. Kelfalla,
01C01-9608-CR-00357
Trial Court Judge: Seth W. Norman

Evans & Arnold vs. Board of Paroles, et. al.
01S01-9610-CH-00210

Hunter vs. Brown
03S01-9607-CV-00070

Franklin Thomas Burns v. Bernice A. Burns - Concurring
01-A-01-9705-CH-00218
Authoring Judge: Judge Walter W. Bussart
Trial Court Judge: Chancellor Alex W. Darnell

This is an appeal by respondent/appellant, Bernice A. Burns (“Wife”), from the order of the trial court granting Wife and petitioner/appellee, Franklin Thomas Burns (“Husband”), a divorce, dividing the marital property, and granting temporary alimony. Wife complains the court erred when it divided the parties’ property and awarded Wife $400.00 alimony per month for six months. The facts out of which this matter arose are as follows.

International Supply Co., Inc. v. The Warner Group LTD - Concurring
01-A-01-9705-CH-00235
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Judge Tom E. Gray

This appeal involves a question of personal jurisdiction over a nonresident corporation. The Chancery Court of Sumner County dismissed the complaint. We affirm.

Vera Maureen Higgs v. Gayle Lynn Higgs
01A01-9702-CV-00057
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Judge Donald P. Harris

Each of the captioned parties filed a notice of appeal from a judgment of the Trial Court
awarding to the plaintiff-wife a divorce on grounds of adultery and inappropriate marital
conduct.

Maxine Nelson v. The Pacesetter Corporation
01A01-9703-CH-00141
Authoring Judge: Senior Judge William H. Inman
Trial Court Judge: Chancellor Ellen Hobbs Lyle

This is a suit for damages for an alleged retaliatory discharge brought pursuant to Tenn. Code Ann. § 50-1-304. As winnowed, the plaintiff alleges that she was discharged because she refused to participate in gambling activities which were illegal under Tenn. Code Ann. § 39-17-501.

James C. Tomlinson and Charles F. McKelvey, v. Edna J. Kelley and Jeanette M. Coke
01A01-9608-CV-00378
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Judge Barbara N. Haynes

This appeal involves a controversy surrounding the appointment of a local city official. The mayor and the city manager of the City of Berry Hill filed a defamation action in the Circuit Court for Davidson County against two city residents who publicly questioned the circumstances surrounding the interim appointment of a member of the Board of Commissioners. The trial court granted the residents’ motion for summary judgment and dismissed the city officials’ complaint. On this appeal, the city officials assert that the trial court should not have granted the summary judgment because the record contains evidence that the residents knew or should have known that their critical statements made to a local newspaper were false. We affirm the trial court.

Herbert Carson Branum, v. City of Maynardville, Paul Bowman, Bill P. Graves, Russell Gillenwater, Len Padgett, and H.E. Richardson
03A01-9604-CH-00127
Authoring Judge: Presiding Judge Houston M. Goddard
Trial Court Judge: Chancellor Billy Joe White

Plaintiff Herbert Carson Branum appeals dismissal of his suit against the City of Maynardville and its Commissioners, seeing reinstatement to his position as Water Commissioner and damages for his wrongful discharge, both compensatory and exemplary. He also seeks an order enjoining the Defendants "from any further ultra vires acts against the Plaintiff" based upon his contention that they had violated certain of our State Statutes.

State of Tennessee vs. Dorothy Sheldon - Concurring
01C01-9604-CC-00151
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge Leonard W. Martin

I concur in the result reached by the majority. I write separately however because I have reached the conclusion that venue is proper in this case through a somewhat different rationale than that expressed in the majority opinion.

State of Tennessee vs. Dorothy Sheldon
01C01-9604-CC-00151
Authoring Judge: Judge Paul G. Summers
Trial Court Judge: Judge Leonard W. Martin

The appellant, Dorothy Sheldon, was convicted by a jury of forgery. She was sentenced as a Range III, persistent offender to four years incarceration. She appeals raising the following issues for our review: 1. Whether the evidence is sufficient to support her conviction; 2. Whether the evidence is sufficient to establish venue in Dickson County; and 3. Whether the manner of service of her sentence is proper. Upon review, we affirm the trial court’s judgment of conviction and sentence.

State of Tennessee vs. Dorothy Sheldon - Dissenting
01C01-9604-CC-00151
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge Leonard W. Martin

The majority concludes that venue was proper in Dickson County. I respectfully disagree. In finding venue in Dickson County, the majority, relying upon Girdley v. State, 29 S.W.2d 255 (Tenn. 1930), employs an agency theory to establish the appellant's constructive presence in Dickson County. I am unable to agree with the majority's rational for two reasons. First, in Girdley, the defendant was charged with the offense of uttering or attempting to pass a forged check. Had the appellant in this case been charged with uttering or passing a forged writing, I would agree that venue would have been proper in Dickson County. See Tenn. Code Ann. § 39-14-114(b)(1)(D). However, as reflected by the indictment, the State chose to indict the appellant in Dickson County for forgery. Tenn. Code Ann. § 39-14-114(b)(1)(A).

State of Tennessee vs. Andrew R. Ewing
02C01-9604-CR-00119
Authoring Judge: Judge Paul G. Summers
Trial Court Judge: Judge W. Fred Axley

The appellant, Andrew R. Ewing, and his co-defendant, Derrick C. Brooks, were tried jointly by a jury for first degree murder. Ewing and Brooks were found guilty of felony murder for committing a murder during the perpetration of an aggravated burglary. Both men were sentenced to life in prison. Because Derrick C. Brooks’ appeal has been severed from Andrew R. Ewing’s appeal, we will address only the issues presented by Andrew Ewing in this opinion.

City of Memphis v. The Civil Service Commission of the City of Memphis and Stanley Shotwell
02A01-9512-CH-00289
Authoring Judge: Judge Holly Kirby Lillard

This case involves a chancery court review of a decision by a civil service commission. The
commission had ordered the reinstatement of a police officer. The chancery court reversed the
commission’s decision, upholding the termination of the officer’s employment. We affirm the
decision of the chancery court.

State of Tennessee vs. Steven E. Baker
01C01-9608-CR-00349
Authoring Judge: Judge Gary R. Wade
Trial Court Judge: Judge Seth W. Norman

The defendant, Steven Eugene Baker, pled guilty to one count of especially aggravated sexual exploitation of a minor and two counts of sexual battery. The trial court imposed concurrent, Range I sentences of nine years and one year, respectively. In this appeal of right, the defendant challenges the length of the sentence and the trial court's denial of alternative sentencing.

State of Tennessee vs. Woody Dozier
02C01-9610-CC-00357
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge J. Steven Stafford

The appellant, Woody J. Dozier, appeals his jury convictions for the crimes of aggravated kidnapping and aggravated rape. Following these convictions, the Circuit Court of Dyer County sentenced the appellant to concurrent sentences of eight years for the aggravated kidnapping conviction and fifteen years for the aggravated rape conviction. On appeal, the appellant raises the following issues:

I. Whether the Chancellor, sitting by interchange, had jurisdiction to try the case;
II. Whether the appellant is entitled to a new trial because ofalleged juror misconduct; and
III. Whether the evidence is sufficient to sustain his convictions foraggravated rape and aggravated kidnapping.

After reviewing the record before us, we affirm the judgment of the trial court.

Paul Farnsworth, A/K/A Ronnie Bradfield, v. Richard Kenya, et al.
02A01-9707-CV-00145
Authoring Judge: Judge David R. Farmer

The plaintiff, Paul Farnsworth a/k/a Ronnie Bradfield, sued defendants Richard Kenya,1 Stephen Dotson and two John Doe defendants. The complaint alleges that Plaintiff is an inmate at the Lake County Regional Correctional Facility (LCRCF), Richard Kenyon is identified as an employee and Stephen Dotson as the associate warden at LCRCF. The complaint alleges that Plaintiff was given permission to marry while incarcerated, wedding plans were formulated but, within less than 24 hours prior to the wedding, he was advised that the wedding was cancelled.

State of Tennessee v. Bobby Ed Begley
01S01-9607-CR-00134
Authoring Judge: Justice Adolpho A. Birch, Jr.
Trial Court Judge: Judge J. Wyatt Randall, Jr.

We granted the defendant’s application for permission to appeal in order to determine whether the trial court abused its discretion1 in admitting testimony concerning the results of a certain method of DNA analysis. While we have previously considered the admission of the results of DNA analysis using the “restriction fragment length polymorphism” (RFLP) method, we address for the first time the admission of testimony regarding DNA analysis using the “polymerase chain reaction” (PCR) method. PCR is to be distinguished from RFLP, the method more statistically precise and firmly established in both the scientific and legal community. After a jury-out hearing, the trial court admitted expert testimony about the results of the PCR analysis performed on the defendant’s clothing, and the Court of Criminal Appeals upheld the trial court’s determination.

State of Tennessee v. Roger Dale Hill, Sr.
01S01-9701-CC-00005
Authoring Judge: Justice Adolpho A. Birch, Jr.
Trial Court Judge: Judge James L. Weatherford

We accepted the State’s application for review in this cause in order to determine the validity of an indictment which charged aggravated rape.1 The Court of Criminal Appeals held the indictment void and the subsequent conviction invalid because the language of the indictment failed to allege a culpable mental state.

State of Tennessee v. Larry Wayne Stokes
01S01-9701-CC-00006
Authoring Judge: Justice Adolpho A. Birch, Jr.
Trial Court Judge: Judge Henry Denmark Bell

 Larry Wayne Stokes, the appellant, was convicted in the Circuit Court of Williamson County of rape of a child, in violation of Tenn. Code Ann. § 39-13-522 (Supp. 1995). He currently serves a fifteen-year sentence in the Department of Correction.

Cody Glasner, a minor, by next friend and parents, Deryl and Polly Glasner, and Deryl and Polly Glasner individually, v. John Howick, M.D., Humana of Tennessee Inc., John A Shull, M.D., Jane L. Rohrer, M.D. and William D. Crawley, M.D.
03A01-9612-CV-00401
Authoring Judge: Senior Judge William H. Inman
Trial Court Judge: Judge Robert M. Summitt

This is a medical malpractice action brought by Deryl and Polly Glasner individually and as parents and next friend of Cody Glasner, who was born October 6, 1991.1 As winnowed by pleadings, the surviving claim is on behalf of Cody, who was born brain dead. The parents of Cody conceded that their individual claims were time-barred.  This condition is known as a prolapsed cord. His resuscitation is alleged to have been contrary to the prevailing standard of care in this jurisdiction, since he had no reasonable prospect for a qualitative life.

State of Tennessee Department of Children's Services v. Yvonne Bardin - Concurring
03A01-9705-JV-00152
Authoring Judge: Judge William H. Inman
Trial Court Judge: Judge Suzanne Bailey

The parental rights of Yvonne Bardin were terminated by the Juvenile Court of Hamilton County and she appeals. Four (4) children are involved. The issue presented for review is whether the evidence is clear and convincing. We find that it is and affirm.