State of Tennessee v. Charles Damien Darden
W2001-01833-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge R. Lee Moore Jr.
The Appellant, Charles Damien Darden, proceeding pro se, appeals as of right from an order of the Lake County Circuit Court denying his petition for the writ of habeas corpus. After a review of the record, we reverse the judgment of the trial court and remand for the appointment of counsel.

Mark Graham vs. Michael J. Mohr
E2001-00824-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: L. Marie Williams
These consolidated cases arise out of a two-vehicle accident. The jury returned a verdict in favor of Mark Graham, assigning 51% of the fault to Michael J. Mohr and 49% to Graham. Mohr appeals, raising issues pertaining to the propriety of the trial court's ruling excluding the testimony of the police officer who investigated the accident. We affirm.

Lynn Hall, et al vs. Mark Bookout
E2001-01172-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: Samuel H. Payne
Lynn and Lillian Hall, the maternal grandparents ("Grandparents") of the minor child ("Child"), filed a Petition for Custody seeking permanent custody of the Child, naming the Child's biological father ("Father"), Mark Bookout, as the defendant. The Grandparents had temporary custody of the Child pursuant to an ex parte order. At the close of proof at trial, the Trial Court found that the Father was not unfit. In its Order, however, the Trial Court made no specific finding regarding the risk of substantial harm if the Child was placed in Father's custody. The Trial Court denied the Grandparents' petition but did not order the Child returned to Father's custody by any set date but instead provided only that the "ultimate goal" was for the Child to be returned to Father. Father appeals. We affirm, in part, and modify, in part, and remand.

Judith Silvey vs. Darrel Silvey
E2001-02007-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: W. Frank Brown, III
In this divorce action the Trial Court granted divorce ordered rehabilitative alimony, child support and divided the marital property. Issues on appeal include the valuation, classification and division of marital property and the award of alimony. We affirm in part, vacate in part and remand.

Barry Dunham v. State of Tennessee
M2000-02557-CCA-R3-PC
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge J. O. Bond

On October 5, 1998, the defendant, Barry Dunham, pled guilty in the Macon County Criminal Court to one count of second degree murder and received a sentence of twenty-five years incarceration in the Tennessee Department of Correction. The defendant filed for post-conviction relief which was granted by the post-conviction court. The State now appeals. Upon review of the record and the parties' briefs, we affirm the judgment of the post-conviction court and remand for new trial.

State of Tennessee v. Kenneth Herring
M2001-00751-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Stella L. Hargrove

The Defendant was convicted in Wayne County Circuit Court of five counts of rape of a child and two counts of aggravated sexual battery. The Defendant received an effective sentence of seventy-five years incarceration. This Court subsequently reversed the five rape of a child convictions and remanded the case to the trial court to determine whether the remaining two twelve-year sentences for aggravated sexual battery should be served consecutively or concurrently. The trial court determined that the sentences should be served consecutively for an effective sentence of twenty-four years incarceration. The Defendant now appeals, arguing that the trial court erred in ordering that the Defendant's sentences for aggravated sexual battery run consecutively. Finding no error, we affirm the judgment of the trial court.

State of Tennessee v. Timothy Johnson
M2001-01362-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Seth W. Norman

Pursuant to a plea agreement, the Defendant pleaded guilty to one count of possessing with intent to sell less than 0.5 grams of a substance containing cocaine, and the trial court sentenced him as a Range I standard offender to five years incarceration in the workhouse. The trial court suspended the sentence and placed the Defendant on probation for five years. Approximately four months later, a warrant was issued against the Defendant alleging that he had violated the terms and conditions of his probation. The warrant alleged that the Defendant had been arrested for evading arrest and aggravated assault, that the Defendant had failed to report these arrests to his probation officer, and that the Defendant had failed to report to his probation officer after being released from jail. Following a hearing on the warrant, the trial court revoked the Defendant's probation and ordered him to serve the remainder of his sentence in confinement. The Defendant now brings this appeal, in which he challenges the trial court's order requiring him to serve the remainder of his sentence in confinement. Because we conclude that the trial court did not abuse its discretion, we affirm the judgment of the trial court.

State of Tennessee v. Reginald Merriweather
W1999-02050-CCA-R3-CD
Authoring Judge: Special Judge Cornelia A. Clark
Trial Court Judge: Judge John Franklin Murchison

This case returns to this court after remand by order of the Tennessee Supreme Court. The defendant appeals his jury convictions of attempted second degree murder, aggravated assault, and especially
aggravated robbery. He raises the following issues: (1) whether the trial judge erred in denying defendant’s request for a mistrial based on a juror’s response during voir dire; (2) whether the trial court erred in directing a witness to answer questions on cross-examination; (3) whether the evidence was sufficient to support his convictions; and (4) whether the trial court erred in failing to instruct the jury as to certain lesser-included offenses. This court initially reversed the appellant’s
conviction for aggravated assault, based on double jeopardy considerations, and affirmed the judgment of the trial court on all other issues. See State v. Reginald Merriweather, No. W1999-
2050-CCA-R3-CD, 2001 WL 242570 (Tenn. Crim. App., Jackson, March 6, 2001) (perm. to appeal granted). On June 5, 2001, the Supreme Court released its decision in the case of State v. Curtis
Jason Ely and State v. Laconia Lamar Bowers, 48 S.W.3d 710 (Tenn. 2001). In Ely and Bowers, the Court announced new standards regarding the duty to instruct on lesser-included offenses. In
light of the decision in Ely and Bowers, the Supreme Court remanded the case to this court to determine whether error in not instructing facilitation was harmless. See State v. Reginald Merriweather, No. W2001-02206-CCA-RM-CD, Madison County (Tenn., September 10, 2001).  After revisiting this issue under the standards announced in Ely and Bowers, we reverse the defendant’s convictions and remand this matter for a new trial. 

Because Ely and Bowers involve the issue of lesser-included offenses only, the remand does not alter the analyses in our original opinion as to other issues. However, the necessity of a new trial does render premature our earlier determination to dismiss the conviction for aggravated assault. So as to avoid confusion, sections I and II from our original opinion will be restated in their entirety.  Sections III and IV, dealing with the conviction for aggravated assault and the issue of lesser-included offenses, have been changed.

State of Tennessee v. Anthony Leon Moore
W2000-02862-CCA-R3-CD
Authoring Judge: Presiding Judge Joseph M. Tipton
Trial Court Judge: Judge Donald H. Allen
A Madison County Circuit Court jury convicted the defendant, Anthony Leon Moore, of aggravated robbery, a Class B felony, and aggravated burglary, a Class C felony. The trial court sentenced him as a Range II, multiple offender to consecutive sentences of fifteen years in the Tennessee Department of Correction for the aggravated robbery conviction and ten years for the aggravated burglary conviction. The defendant appeals, claiming that (1) the evidence is insufficient to support his aggravated robbery conviction; (2) the trial court improperly enhanced his sentence for aggravated burglary; and (3) the trial court improperly found him to be a dangerous offender and ordered consecutive sentencing. We affirm the judgments of the trial court.

State of Tennessee v. Yevette Somerville
W2001-00902-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Julian P. Guinn

The defendant, Yevette Somerville, was convicted of theft of property valued under $500, a Class A misdemeanor, and was sentenced to eleven months, twenty-nine days in the county jail. As her sole issue on appeal, the defendant argues that the State’s failure to inquire about and preserve potentially exculpatory evidence violated her due process rights under the United States and Tennessee Constitutions. Having reviewed the entire record, we conclude that the loss of the evidence did not unfairly prejudice the defendant’s case. Accordingly, we affirm the judgment of the trial court.

State of Tennessee v. Harold D. Arnold
W2001-01450-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge Donald H. Allen

The Defendant, Harold D. Arnold, pled guilty to driving under the influence of an intoxicant and failure to maintain an accurate log book after the trial court denied his motion to suppress the results of a breath analysis test. The Defendant properly reserved a certified question of law for this Court to determine whether the trial court erred in denying the Defendant's motion to suppress. We reverse the judgment of the trial court.

State of Tennessee v. Mark A. Caldwell
E2001-00321-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Gary D. Gerbitz

The defendant was convicted of first degree premeditated murder, first degree felony murder, and especially aggravated robbery, with the murder convictions merged into a single conviction for first degree murder following the jury's verdict. The jury sentenced him to life imprisonment on the murder conviction, and the trial court sentenced him to twenty-two years on the especially aggravated robbery conviction, to be served concurrently to the life sentence. Following the denial of his motion for a new trial, the defendant filed a timely appeal to this court, raising four issues: (1) whether the evidence was sufficient to support his convictions; (2) whether the trial court erred in allowing testimony about a statement of denial he made to police; (3) whether the trial court erred in allowing a photograph of the victim's body to be introduced into evidence; and (4) whether the jury should have been instructed that the State had taken the position, in a dismissed conspiracy indictment, that the defendant's accomplice was the shooter. After a careful review, we affirm the judgment of the trial court but remand for entry of corrected judgments.

Magdalene Miller vs. Mt. Laurel Chalets
E2001-00863-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Richard R. Vance
Magdalene A. Miller fell down a flight of stairs at a rental chalet in Gatlinburg. She and her husband, Robert Miller, sued Bob Light, the owner of the chalet, and Mt. Laurel Chalets, Inc., the rental agent for the chalet. Both defendants filed a motion for summary judgment. Both motions were granted. We affirm.

Barry Teague vs. Barbara Teague
E2001-01413-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: L. Marie Williams
This is a divorce case. The trial court granted the parties a divorce on stipulated grounds; divided their marital property; and awarded Barbara Ann Chadwick Teague ("Wife") alimony in futuro of $1,800 per month, plus attorney's fees of $2,500. Barry Lynn Teague ("Husband") appeals the nature and amount of the alimony award, the division of property, and the award of attorney's fees. We vacate the language in the trial court's judgment projecting into the future as to Wife's needs when her mortgage obligation has been paid in full. In all other respects, the judgment of the trial court is affirmed.

Situated, And Kita Swandi And Toby Silvers v. Timothy
E2001-01504-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks

Fifth Third Leasing Co. vs. Cherokee Pontiac
E2001-01628-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: John K. Wilson
The Trial Court entered summary judgment for lessor against dealer under contract to purchase vehicles from dealer. Dealer's counter-complaint for damages was dismissed. Dealer appeals dismissal, contending claim sounds in tort and/or limitation of liability in contract is unenforceable. We affirm.

Gary Aumaugher vs. Deborah Aumaugher
E2001-01786-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: John O. Gibson
The Petitioner, Deborah Jo Aumaugher, appeals a judgment of the General Sessions Court of Loudon County, contending, among other things, the Trial Court was prejudiced against her and also committed a number of other errors. Because we have no transcript of the hearing which resulted in the order she assails, we are unable to address the merits of this appeal. We accordingly affirm the judgment of the Trial Court.

Sharon Stinnett vs. David Ferguson
E2001-02031-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: William R. Brewer
In this divorce action, the issue on appeal is whether the Trial Court placed the correct value on the marital equity in wife's motel property. We affirm the value determined by the Trial Court.

2001-02669-COA-R3-CV
2001-02669-COA-R3-CV
Trial Court Judge: Dale C. Workman

2001-00665-COA-R3-CV
2001-00665-COA-R3-CV
Trial Court Judge: W. Dale Young

Jack Colboch v. Quality Ford, Inc.,
2001-01220-COA-R3-CV
Trial Court Judge: Kindall T. Lawson

Helen Ashe vs. Thomas McDonald, M.D.
E2000-03151-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: Dale C. Workman
Jury returned verdict for plaintiff in medical malpractice action. Defendant has appealed, raising issues of Judge's conduct, admission in evidence of depositions, failure of Court to direct verdict, failure to charge comparative fault and excessiveness of costs awarded. We affirm.

Jim Reagan,
E2001-00121-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Telford E. Forgerty, Jr.

Alan Dale Bailey v. State of Tennessee
M2001-01018-CCA-R3-PC
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Judge L. Craig Johnson

The petitioner, Alan Dale Bailey, appeals the Coffee County Circuit Court's denial of post-conviction relief. The petitioner sought relief from his 1999 Coffee County convictions of aggravated burglary and sexual battery on the basis that his guilty pleas to those charges were unknowing and involuntary and were prompted by ineffective assistance of counsel. The petitioner's primary complaints focus upon trial counsel's failure to inform the petitioner about the impact of a conviction of a sexual offense, including the risk that parole might not be granted. The trial court denied relief after an evidentiary hearing, and we affirm.

Marvin Anthony Mathews v. State of Tennessee
W2000-01893-CCA-R3-PC
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge L. Terry Lafferty

The petitioner, Marvin Anthony Mathews, is currently serving a life sentence as an habitual criminal as a result of a larceny conviction. He filed for post-conviction relief, which petition the post-conviction court dismissed because of its untimeliness. The petitioner now appeals this ruling, arguing that the post-conviction court erred in finding the petition to be time-barred because the petitioner is serving an illegal sentence. Upon review of the record and the parties’ briefs, we affirm
the judgment of the post-conviction court.