State vs. Michael Anthony Maddox
M2000-00193-CCA-R3-CD
Authoring Judge: Judge Cornelia A. Clark
Trial Court Judge: William Charles Lee
The defendant appeals the sentencing decision of the Marshall County Circuit Court. The defendant was convicted of two counts of sexual battery by an authority figure and sentenced to concurrent four year terms on each count. He was convicted of two counts of aggravated sexual battery and sentenced to concurrent twelve year terms on each count. Those sentences were run consecutively to the sentences for aggravated battery, for an effective sentence of sixteen (16) years. We affirm the judgment of the trial court.
Marshall
Court of Criminal Appeals
Thomas J. Williams vs. State
M2000-00506-CCA-R3-PC
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Timothy L. Easter
Thomas J. Williams appeals from the Hickman County Circuit Court's denial of his pro se petition for post-conviction relief. After review, we find the trial court's summary dismissal proper because the petition (1) is time barred; (2) fails to state a colorable claim; and (3) raises claims which are waived as they were not raised in previous petitions. Accordingly, we affirm the trial court's denial of the petition.
Hickman
Court of Criminal Appeals
State vs. Deborah Clark
W1999-00893-CCA-R3-CD
Authoring Judge: Judge Jerry Smith
Trial Court Judge: Roger A. Page
The defendant, Deborah Darlene Clark, was convicted by a Madison County jury of aggravated kidnapping, aggravated robbery, and criminal impersonation. In this appeal the defendant claims the evidence is insufficient to support the verdicts. The court finds the evidence clearly sufficient to support the convictions and thus affirms the judgment of the trial court.
State vs. Billy Hancock
W1999-01746-CCA-R3-CD
Authoring Judge: Judge Jerry Smith
Trial Court Judge: Chris B. Craft
The defendant, Billy Hancock, pled guilty in Shelby County Criminal Court to vehicular homicide, vehicular assault, aggravated child endangerment, three (3) counts of child endangerment, and reckless driving. The trial court sentenced the defendant to serve twelve (12) years for vehicular homicide, four (4) years for vehicular assault, four (4) years for aggravated child endangerment, nine (9) months for each of the three (3) counts of child endangerment, and six (6) months for reckless driving. The court ordered that the sentences for vehicular homicide, vehicular assault, and each of the three counts of child endangerment were to be served consecutively to each other, and that the sentences for reckless driving and aggravated child endangerment were to be served concurrently with the sentence for vehicular homicide. The total effective sentence was eighteen (18) years and three (3) months. On appeal, this court affirms the imposition of consecutive sentences because the trial court properly found that the defendant was a dangerous offender and had an extensive criminal history.
Shelby
Court of Criminal Appeals
State vs. Eric Young
W2000-00057-CCA-R3-PC
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Roy B. Morgan, Jr.
In this appeal from the trial court's denial of his post-conviction petition, the petitioner argues that he received ineffective assistance of counsel and that his guilty plea was unknowing and involuntarily entered. We find no error in the trial court's denial of the post-conviction petition.
Madison
Court of Criminal Appeals
Mary Schremp vs. David Schremp
W1999-01734-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: John R. Mccarroll, Jr.
Mother, the custodial parent of minor children, desired to relocate out of state to live with her new husband. Father protested the move and filed a petition in opposition. Finding that Mother's new husband could easily move to Memphis to live with his new family and that dislocating the children was not in their best interest, the trial court granted the petition. We affirm.
Shelby
Court of Appeals
International Deli/Caterers vs. Raymond/Kimberly Shields
W2000-00269-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: James F. Russell
This is a contract case. The defendants entered into a franchise agreement with the plaintiff to own and operate a franchise. After the defendants failed to make royalty payments for two months and then failed to make a note payment, the plaintiff filed suit alleging breach of contract. The defendants counter-claimed, alleging that the plaintiff breached the contract first by not operating a marketing fund mentioned in the franchise agreement and by not furnishing a sign provided for in the purchase agreement. At trial, the trial court allowed testimony by the plaintiff as to discussions, prior and subsequent to the signing of the agreements, in which he claimed that the parties had agreed upon different terms regarding the marketing fund and sign. The trial court found that the plaintiff had not breached the agreements by not maintaining the marketing fund or furnishing the sign, and that even if it were a breach, it was not a material breach. The defendants now appeal. We affirm.
Eric Petty, a child
W2000-00907-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: William B. Acree
This case involves an appeal regarding the lower court's determination that Eric Dylan Petty was a delinquent child. In February 2000, a petition was filed with the Juvenile Court of Obion County alleging that Eric Dylan Petty committed the delinquent acts of aggravated assault and vandalism. The juvenile court determined that Petty was delinquent and ordered him committed to the Tennessee Department of Children's Services. After a de novo hearing, the circuit court also declared Petty delinquent based on the acts of aggravated assault and vandalism and affirmed Petty's commitment to the Department of Children's Services. This appeal followed.
Obion
Court of Appeals
Jerry Wayne Killion vs. Sandra Faye Sweat
E1999-02634-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Robert M. Summitt
In this post-divorce proceeding, the father of Dustin Lynn Killion filed a petition seeking the child's custody. The trial court denied the father's petition. The father appeals the trial court's determination that the proof fails to demonstrate a material change of circumstances warranting a change of custody. We reverse.
Campbell
Court of Appeals
Stephenson vs. Carlton
E1998-00202-SC-R11-CD
Authoring Judge: Justice E. Riley Anderson
Trial Court Judge: Lynn W. Brown
We granted this appeal to determine whether the appellant's sentence of life without parole for first- degree murder was an illegal sentence and, if so, whether the appellant was entitled to habeas corpus relief. The trial court dismissed the petition for habeas corpus and the Court of Criminal Appeals affirmed. We conclude, and the State concedes, that the sentence of life without parole was not a statutorily authorized punishment at the time the appellant committed the offense of first-degree murder and that the illegal sentence was properly challenged in a habeas corpus petition. We reverse the judgment of the Court of Criminal Appeals and remand the case to the trial court for further proceedings.
Johnson
Supreme Court
Wilson Pharmacy, Inc., vs. General Computer Corp.
E2000-00733-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: Thomas J. Seeley, Jr.
The origin of this appeal is a complaint filed by Plaintiff Wilson Pharmacy, Inc., against Defendant General Computer Corporation, seeking damages for allegedly furnishing defective computer hardware and software programs pursuant to contracts entered into between the parties. The Trial Court found that the provision providing suit must be brought within one year after accrual of the action barred Wilson Pharmacy's claim. Wilson Pharmacy appeals, contending the contract they entered into was one of adhesion, rendering the contract limitation period ineffective. We affirm.
Washington
Court of Appeals
Betty L. Fox vs. Food Lion, Inc., Store #539
E1911-00015-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Harold Wimberly
Betty L. Fox sued Food Lion, Inc., Store #539, seeking damages for personal injuries sustained when she fell in an aisle of the defendant's store. The trial court approved the jury's verdict for the plaintiff and entered judgment in her favor for $112,000. The defendant appeals, raising three issues, which we restate as follows: (1) whether there is material evidence that the defendant had actual or constructive notice of the allegedly dangerous condition that caused the plaintiff's fall; (2) whether the defendant owed a duty of care to the plaintiff; and (3) whether there is material evidence to support the jury's allocation of fault. We affirm.
Knox
Court of Appeals
Brenda D. Estes, et al vs. Sandra H. Peels, et al
E1999-00582-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Ben W. Hooper, II
This case arises out of a motor vehicle accident that occurred when a vehicle exited a manufacturing plant's parking lot and collided with the plaintiff's vehicle on a public highway. Brenda D. Estes and her husband sued the owner of the plant for negligence. The trial court granted the plant owner summary judgment. We hold that, under the circumstances of this case, the plant owner did not owe a duty of care to the plaintiff and therefore affirm the grant of summary judgment.
Jefferson
Court of Appeals
State vs. Hooper
M1997-00031-SC-R11-CD
Authoring Judge: Justice William M. Barker
Trial Court Judge: Allen W. Wallace
The single issue in this appeal is whether the proof introduced at the sentencing hearing is sufficient to support a denial of probation based solely upon the need for deterrence. The Court of Criminal Appeals initially affirmed the sentence and held that proof of deterrence was not needed because drug use and possession cases are "deterrable per se." Upon the defendant's petition to rehear, however, the intermediate court reversed itself, holding that a "per se" rule of deterrence is inconsistent with the holding of this Court in State vs. Ashby, 823 S.W.2d 166 (Tenn. 1991). The State appealed to this Court. For the reasons given herein, we hold that the proof in this case is sufficient to justify denial of probation on the sole ground of deterrence. The judgment of the Court of Criminal Appeals granting an alternative sentence is reversed, and the defendant's original term of incarceration is reinstated.
American Indemnity vs. Foy Trailer
W2000-00397-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: D. J. Alissandratos
American Indemnity Company sought a declaratory judgment that its commercial general liability (CGL) policy did not cover claims made by Ms. Johnson against the Appellants in her federal court complaint and that it did not have a duty to defend Appellants in the federal action. The Chancery Court for Shelby County held that there was no coverage and no duty to defend. Appellants appealed. We affirm.
Shelby
Court of Appeals
Denley Rentals vs. Howard Etheridge
W2000-00189-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: D. J. Alissandratos
This case involves the assignability of a chose in action. The plaintiffs are two related limited liability companies and the person who was the owner/manager of both. The owner/manager contracted to purchase real property from the defendants, and later assigned his interest under the contract to one of the limited liability companies. The first limited liability company closed the transaction with the defendants. After the transaction was closed, the first company discovered a landfill located on the property that had not been disclosed by the defendants. The first company then transferred the property to the second limited liability company for de minimis consideration. The owner/manager of both companies made a "mental assignment" of the chose in action from the first company to the second company, and the second company incurred the cost of clearing the landfill debris. The plaintiffs jointly sued the defendants for breach of contract, fraud, and misrepresentation. The trial court dismissed the suit, holding that there was not a valid assignment of the chose in action, that the first company was precluded from recovery because it suffered no damages, and that the second company was precluded from recovery because it took the property with full knowledge of the defect. On appeal, we reverse and remand, finding that the chose in action was validly assigned.
Shelby
Court of Appeals
The Pointe vs. Lake Mgmt.
W2000-00211-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Walter L. Evans
This appeal arises from a declaratory judgment action to determine rights in a privately-owned lake. Plaintiffs purchased land adjacent to the artificially-created lake for the purpose of developing residential lots. Subsequent to the sale of the property, Plaintiffs' grantor conveyed title to the lake to Defendant. Defendant claims it has the right to control use of the lake and that Plaintiffs have no right to lake access without Defendant's permission. The trial court granted Defendant's motion for summary judgment on the grounds that: (1) the lake is unnavigable, and no riparian rights can therefore flow to adjoining landowners; (2) the Defendant, as owner of the land subjacent to the lake, has a right to the unimpeded use and control of the property; and (3) any use of the lake by the adjoining property owners without Defendant's consent would constitute a trespass. Plaintiffs appeal.
Shelby
Court of Appeals
Matter of Fannie Barnhill
W2000-00289-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Martha B. Brasfield
Will contestant voluntarily dismissed chancery court proceeding to contest will. Subsequently, contestant filed another notice to contest the will. The trial court, on motion, dismissed the proceeding as barred, because it had previously been dismissed, and such an action is within an exception to Tenn.R.Civ.P. 41.01 (1). Contestant has appealed.
Fayette
Court of Appeals
Cunningham vs. Cunningham
W1999-02054-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Joe C. Morris
This appeal involves a divorce after seven years of marriage. The trial court granted the wife a divorce, divided the property, awarded the wife rehabilitative alimony and alimony in solido, awarded child support for the parties' minor child, established an educational trust fund, and ordered the husband to maintain life insurance for so long as he is obligated to pay child support. On appeal, husband takes issue with all of the above and also raises the constitutionality of the child support guidelines. In addition, wife takes issue with the failure of the trial court to award her litigation expenses. We have determined that the trial court's judgment should be affirmed in part, reversed in part and remanded.
Madison
Court of Appeals
Edward F. Curtis vs. Stephen T. Nash, et al
E1999-01135-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: Dale C. Workman
This appeal arises in the Knox County Circuit Court from a grant of a motion for summary judgment. Edward F. Curtis appeals the grant of summary judgment. We affirm the judgment of the Trial Court and remand for such further proceedings as may be necessary consistent with this opinion. We adjudge costs of appeal against Mr. Curtis and his surety.
Jerry Wayne Terry vs. Donna Brazier Terry
E2000-00825-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: Steven C. Douglas
This appeal from the Cumberland County Probate and Family Court concerns whether the Trial Court erred in making an equitable division of the marital estate of Jerry Wayne Terry, the Appellant, and Donna Brazier Terry, the Appellee. We affirm the judgment of the Trial Court and remand for such further proceedings as may be necessary. We adjudge costs of appeal against Mr. Terry and his surety.
