Kwan & Han-Lee vs. John Doe & Allstate Ins. Co.
M2000-03208-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Walter C. Kurtz
This is a lawsuit against an uninsured motorist insurance carrier arising from a cat jumping out of a car. The plaintiffs were injured in a car accident allegedly caused when a cat leapt from a vehicle and into the plaintiffs' lane of traffic. The plaintiffs filed suit against several parties, including the plaintiffs' uninsured motorist carrier. The uninsured motorist carrier moved for summary judgment, asserting that the negligent actions of the unidentified driver did not arise "out of the ownership, maintenance, or use of a motor vehicle." The motion was granted. The plaintiffs then sought to amend their complaint, and this motion was also denied. A trial was then held on the claims against the remaining defendants and the jury apportioned fifty percent of the fault to the unidentified driver. The plaintiffs now appeal the grant of summary judgment to the uninsured motorist carrier and the denial of the plaintiffs' motion to amend their complaint. We affirm.

David Nevills vs. South Central Correctional Disciplinary Board
M2000-02324-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Robert L. Holloway
This appeal involves the denial of a petition for writ of certiorari brought in chancery court by a state prisoner. The prisoner requested review of actions allegedly in violation of due process taken by a prison disciplinary review board. The chancery court granted a motion for summary judgment in favor of the disciplinary review board and for the following reasons, we affirm.

Michael Pine vs. Dept. of Correction
M2000-02410-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Irvin H. Kilcrease, Jr.
This is a declaratory judgment action by an inmate regarding his eligibility for sentence reduction credits. The inmate pled guilty to raping a child. A Tennessee statute requires that anyone convicted of the rape of a child must serve his entire sentence. Notwithstanding this, the inmate was sentenced as an especially mitigated offender eligible for parole after serving twenty percent of his sentence. The inmate filed a petition for declaratory judgment, arguing that he should be eligible to earn sentence reduction credits because he was sentenced as a mitigated offender. The trial court held that the inmate was not eligible for sentence reduction credits. We affirm, finding that the inmate's sentencing as a mitigated offender did not alter the statutory requirement that he serve his entire sentence.

Fred Hodges vs. Virginia Lewis, Warden
M2000-02309-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Irvin H. Kilcrease, Jr.
Inmates of Tennessee Department of Correction filed in the chancery court a petition for writ of habeas corpus pursuant to 28 U.S.C. 2254. The chancery court dismissed the inmates' petition for lack of subject matter jurisdiction. Inmates have appealed. We affirm.

Dept. of Children's Svcs. vs. S.S.S., J.S., and K.S.
M2000-01248-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: John P. Hudson
This case involves the termination of parental rights. The trial court terminated the parental rights of the mother in her son and daughter, and those of the children's two separate fathers. The mother and father of the daughter had been convicted of aggravated child abuse in criminal court. The mother filed a petition for post-conviction relief, which was denied, and she appealed to the Court of Criminal Appeals. Both the mother and the father of the daughter appeal the termination of their parental rights. The mother argues that her conviction for child abuse was not sufficient to satisfy the statutory grounds for termination of parental rights because it was on appeal, and the father argues that there was no direct evidence presented that he abused the children. We affirm, finding ample evidence to support the termination of both parents' rights.

Gerald Hopper vs. Patricia Hopper
M2000-01444-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Marietta M. Shipley
Wife appeals final decree of divorce as it pertains to a division of marital property and alimony in futuro award. The trial court charged Wife with entire amount of advance from house-sale proceeds and failed to award Wife one-half of Husband's retirement. Wife appeals. We modify the division of marital property and affirm as modified.

Johnny Conaway vs. Semiko L. Lewis (Conaway)
M2000-00617-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Muriel Robinson
This is a suit by an incarcerated prisoner seeking a divorce from his unincarcerated wife. The complaint alleges that the parties have no children and seeks divorce on the grounds of adultery and desertion. The defendant was before the court by personal service of process and did not answer the complaint. The prisoner sought default judgment which motion was never acted upon by the trial court. The circuit court clerk served a notice on the parties in this case on January 7, 2000, that since the case had been filed since December 9, 1998 and not prosecuted, it was subject to dismissal for failure to prosecute. On February 29, 2000, the case was dismissed for failure to prosecute. The prisoner/plaintiff timely appealed and we reverse the action of the trial court.

Pamela Jean Anness vs. Michael Mario Chapdelaine, Sr.
M2000-01792-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Russell Heldman
This appeal arises from the appellee's filing of a Petition to Change Custody in the Chancery Court of Williamson County. Following a hearing, the trial court entered an Order granting custody of the parties' minor children to the appellee. The trial court ordered the appellant to pay child support in the amount of $1,480.00 per month. The appellant appeals the amount of child support set by the trial court. For the reasons stated herein, we affirm in part, reverse in part, and remand the trial court's decision.

Darrell Cannon vs. Dept. of Correction, et al
M2000-01950-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Irvin H. Kilcrease, Jr.
The petitioner sought a declaratory judgment regarding the computation of his prison sentence by the Department of Correction. The Department made a correction, essentially consistent with the petitioner's request, and filed documents demonstrating that all but two of the petitioner's sentences have expired. We affirm the trial court's dismissal of the claims remaining in the petition because the petitioner has failed to demonstrate his entitlement to additional sentence reduction credits for a sentence imposed in 1983 which has expired or to pretrial jail credits for a sentence imposed in 1983 but to be served consecutively to four other sentences.

Delois Armstrong vs. James Coleman
W2000-01122-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Robert W. Newell
In two cases consolidated for appeal, the petitioners, mothers that are provided child support enforcement and paternity establishment services by the State of Tennessee pursuant to federal and state law, appeal the orders of the trial court setting periodic child support and establishing child support arrearages. The trial court failed to follow the child support guidelines, stating that the guidelines are an unconstitutional violation of the equal protection clause of both the state and federal constitutions insofar as the guidelines do not allow credit to a payor-parent for obligations imposed by child support orders concerning children born to the payor-parent subsequent to the subject child. We reverse and remand.

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Franklin County, TN vs. The Town of Monteagle, TN, et al
M2000-02453-COA-R3-CV
Authoring Judge: Sr. Judge William H. Inman
Trial Court Judge: Jeffrey F. Stewart
This is an annexation by referendum case. Monteagle is located in Grundy County. Its corporate limits extend to Franklin County. Interested residents of the area sought to be annexed in Franklin County petitioned Monteagle to be annexed. Monteagle adopted a Resolution for the referendum. Nineteen out of twenty eligible voters favored annexation. Franklin County filed a complaint for injunctive relief, which was granted upon a finding that the Resolution was not properly published. Monteagle appealed, but in the interim, adopted another Resolution for a referendum. The voters again favored annexation. The County challenged the second referendum by a Rule 52 motion alleging that Monteagle repealed the Resolution for the second referendum thus making it a nullity.

Melissa Jane (Nichols) Steen vs. Evans Harrington Steen
M2000-00313-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Robert P. Hamilton
In this custody case the General Sessions Court of Wilson County changed its custody order from joint care and control with primary custody in the father to exclusive custody in the father and standard visitation to the mother. The record shows, however, that the mother has had primary custody of the children since the divorce and that both parties are fit parents. They each love the children and take good care of them. Under those circumstances, we hold that there is a presumption in favor of continuity of placement. Therefore, we reverse the lower court's order and grant primary custody to the mother.

State of Tennessee v. Darryl A. Larkins
M2000-00249-CCA-MR3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge J. Randall Wyatt, Jr.

A Davidson County jury convicted the defendant, Darryl A. Larkins, of two counts of aggravated rape, two counts of especially aggravated kidnapping, one count of attempted aggravated rape, and one count of aggravated burglary. The trial court sentenced the Defendant as a Range I offender to serve an effective sentence of fifty-years of incarceration. On appeal, the Defendant raises the following issues for our review: 1) whether the evidence was sufficient to convict the Defendant of aggravated rape and attempted aggravated rape; 2) whether the especially aggravated kidnapping convictions were obtained contrary to Tennessee law in State v. Anthony, 817 S.W.2d 299 (Tenn. 1991); and 3) whether the Defendant was denied his constitutional rights to a fair trial and a fair and impartial jury, regardingthe aggravated burglary conviction. The judgment of the trial court is hereby affirmed in part and reversed in part, and remanded to the trial court for re-sentencing on the offense of attempted aggravated rape.

Alan Hall v. State of Tennessee
E2000-01522-CCA-R3-PC
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge R. Jerry Beck

On April 30, 1996, the petitioner, Alan Hall, pled guilty in the Sullivan County Criminal Court to first degree murder, especially aggravated robbery, especially aggravated burglary, aggravated burglary, theft over $1000, and possession of burglary tools. The petitioner received a total effective sentence of life plus twelve years. Subsequently, on September 15, 1999, the trial court entered an order correcting the petitioner's judgment of conviction for especially aggravated robbery to reflect that the petitioner would serve one hundred percent (100%) of his sentence in confinement instead of thirty percent (30%) as was erroneously reflected on the original judgment. Within a year after the entry of the corrected judgment, the petitioner filed a pro se petition for post-conviction relief. The post-conviction court dismissed the petition as being barred by the statute of limitations. On appeal, the petitioner contests the dismissal of his petition for post-conviction relief. Upon review of the record and the parties' briefs, we affirm the judgment of the post-conviction court.

State of Tennessee v. Judy K. Caruso
M2000-01265-CCA-R3-CD
Authoring Judge: Presiding Judge Gary R Wade
Trial Court Judge: Judge Timothy L. Easter

The defendant, Judy K. Caruso, entered pleas of guilt to two counts of aggravated burglary and two counts of theft of property over $1,000. As a part of the plea agreement, the state agreed to dismiss two charges of possession of stolen property and one charge of misdemeanor vandalism. The defendant negotiated concurrent sentences of four years on the burglary convictions and two years on the theft convictions. The trial court denied a request for probation, ordered a 200-day jail sentence to be served day for day, and required the balance of the four-year sentence to be served in a Community Corrections program. In this appeal of right, the defendant claims that she should have been granted an alternative sentence involving immediate release. The judgment is affirmed.

Steffone McClendon vs. Dr. Elaine Bunick
E1999-02814-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Dale C. Workman
In this medical malpractice action, Plaintiff appeals the trial court's entry of summary judgment in favor of the Defendant, Dr. Bunick. For the reasons set forth below, we affirm the trial court in all respects.

M2000-02334-COA-R3-CV
M2000-02334-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Leonard W. Martin

John David Terry vs. State
M1999-00191-SC-DDT-DD
Authoring Judge: Justice William M. Barker

John Clinard, et al vs. Roger Blackwood, et al
M1998-00555-SC-R11-CV
Authoring Judge: Justice Janice M. Holder
Trial Court Judge: Walter C. Kurtz

John Clinard, et al vs. Roger Blackwood, et al
M1998-00555-SC-R11-CV
Authoring Judge: Justice Janice M. Holder
Trial Court Judge: Walter C. Kurtz

John Clinard, et al vs. Roger Blackwood, et al
M1998-00555-SC-R11-CV
Authoring Judge: Justice Janice M. Holder
Trial Court Judge: Walter C. Kurtz

State of Tennessee v. Henry Ford Williams, Jr.
M2000-01495-CCA-R3-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Judge John H. Gasaway, III

The defendant, Henry Ford Williams, appeals the Robertson County Circuit Court's revocation of his community corrections sentence. The trial court accepted the defendant's guilty pleas to Class B felony possession of cocaine for resale and to Class C felony possession of cocaine. On September 16, 1993, the trial court imposed an effective sentence of ten years, with eleven months and 29 days to be served in local confinement and the balance to be served in community corrections. On February 18, 2000, the state filed a community corrections revocation warrant. The trial court conducted an evidentiary hearing and revoked the defendant's community corrections placement. From that order, the defendant has appealed to this court. Upon our review of the record, the briefs of the parties, and the applicable law, we affirm the action of the trial court..

Antwan Lamar Patton v. State of Tennessee
M2000-00370-CCA-R3-PC
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge Seth W. Norman

A Davidson County jury convicted the petitioner of two counts of child rape. For each of these offenses, he received a sentence of eighteen years, and the trial court ordered the sentences to be run consecutively. On direct appeal this Court modified the petitioner's sentences to sixteen and one half years each, resulting in an effective sentence of thirty-three years, but otherwise found the petitioner's claims merited no relief. Subsequently the petitioner filed a pro se post-conviction petition alleging ineffective assistance of counsel. Determining that the petitioner had raised a colorable claim, the trial court appointed counsel to represent him and later conducted an evidentiary hearing on the petition. After taking the matter under advisement, the trial court filed an opinion denying the petition. From this denial the petitioner brings the instant appeal alleging that trial counsel provided ineffective assistance by inadequately advising the petitioner of the potential sentence he could receive should he elect to go to trial. However, following our review of the record, we find that the trial court correctly denied the petition, and we, therefore, affirm the lower court's decision.

Carolyn Marie Leasure White, et al vs. Timothy Wade Moody
M2000-01778-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: Carol A. Catalano
This is a suit wherein the Plaintiffs seek a termination of the Defendant father's parental rights and an adoption by the mother's present husband. The Trial Court terminated the father's rights and granted the adoption. We vacate and remand for a determination of the best interest of the child as required by T.C.A. 36-1-113(c)(2).