Opinions

State of Tennessee v. Robert Kern Holloway
M2002-01904-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Allen W. Wallace

A Dickson County jury convicted the defendant, Robert Kern Holloway, of second degree murder, a Class A felony, and he was sentenced to forty years to be served at 100% as a violent offender. On appeal, he argues: the evidence was insufficient to support his conviction; the trial court improperly instructed the jury regarding the mens rea element of second degree murder; and the trial court abused its discretion in ruling on his pro se motion for a new trial which alleged ineffective assistance of counsel. Upon review, we affirm the judgment of the trial court as to the defendant's conviction but vacate its ruling as to the pro se ineffective assistance of counsel claim.

W2002-03053-COA-R3-CV
W2002-03053-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: J. Steven Stafford

W2002-02633-COA-R9-CV
W2002-02633-COA-R9-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Julian P. Guinn

William B. Tanner v. John W. Harris, Jr., Trustee
W2002-02634-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: D. J. Alissandratos

W2003-00018-COA-R3-CV
W2003-00018-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: George R. Ellis

Beverly Margaret Breckenridge v. Mary Loretta
W2003-00143-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Dewey C. Whitenton

W2003-00697-COA-R3-CV
W2003-00697-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Roy B. Morgan, Jr.

Joseph Shepherd v. State of Tennessee
E2002-01455-CCA-R3-PC
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge William H. Inman

Prior to this appeal, the petitioner, Joseph Shepherd, was convicted of involuntary manslaughter in one proceeding, and, in a separate proceeding, he was convicted of felony murder and aggravated assault. He is currently serving a life sentence. The petitioner filed a petition for post-conviction relief in each case, raising several issues, including ineffective assistance of counsel. The post-conviction court denied relief in both cases and the petitioner appealed. Upon review of the record and the parties' briefs, we affirm the judgment of the post-conviction court.

Brenda King v. Danny King
M2002-01897-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: Marietta M. Shipley
Former Husband sought to accelerate former Wife's repayment of alimony overpayments that accrued between the divorce and this court's modification of the original award of alimony. Former Husband argues the trial court abused its discretion when it did not establish a reasonable repayment plan. Because we find the trial court did not abuse its discretion in fashioning a repayment plan, we affirm the trial court.

Donald Freeman v. Lynn Freeman
M2002-02558-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Muriel Robinson
This appeal involves a former husband's attempt to modify or terminate an alimony award to his former wife because of a change of circumstances. Primarily, husband asserts that he is retired, and his income and assets have been drastically reduced to the extent that he is unable to pay the alimony awarded. Wife filed a petition to hold husband in contempt for his failure to pay the alimony installments accrued. After a non-jury hearing, the trial court dismissed husband's petition and granted wife's petition holding husband in civil contempt of court. Husband appeals. We affirm.

Estelle Frame vs. Kenneth Frame Jr.
W2002-00490-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Robert L. Childers
This is a father's appeal of an order which, inter alia, increased a child support obligation based upon the finding of willful and voluntary unemployment. On mother's motion, the appeal is dismissed for failure to timely file a notice of appeal pursuant to Tenn. R. App. P. 4.

State of Tennessee v. Oscar C. Wells
W2002-01486-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge James C. Beasley, Jr.

The appellant, Oscar C. Wells, was convicted in the Shelby County Criminal Court of one count of first degree murder and one count of especially aggravated robbery. The appellant received a total effective sentence of life plus ten years. On appeal, the appellant challenges his arrest without a warrant and the trial court’s failure to suppress the appellant’s statement which was taken after his arrest. Upon review of the record and the parties’ briefs, we affirm the judgments of the trial court.

Charles Larry Honeycutt v. Ann Marie Migliaccio
W2003-00233-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Arnold B. Goldin

Anthony Phillips v. State of Tennessee
W2002-03004-CCA-R3-PC
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge Bernie Weinman

The petitioner appeals the summary dismissal of his post-conviction relief petition based upon the expiration of the statute of limitations. He argues: (1) due process required the post-conviction court to hear his petition because of his attorney’s inaction even though it was filed outside the statute of limitations; and, regardless, (2) his convictions should be set aside because they are based on void indictments. We affirm the judgment of the post-conviction court.

Cynthia Faye Davis v. Terry Reggie Davis
W2002-02998-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: George R. Ellis

W2003-01162-COA-R9-CV
W2003-01162-COA-R9-CV

Trial Court Judge: John R. Mccarroll, Jr.

Elbert M. Marable v. State of Tennessee
M2002-02122-CCA-R3-PC
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge James K. Clayton, Jr.

The Appellant, Elbert M. Marable, appeals the dismissal of his petition for post-conviction relief by the Rutherford County Circuit Court. Pursuant to a negotiated plea agreement, Marable pled guilty to aggravated assault and was sentenced to three years in the Department of Correction as a Range I offender. On appeal, Marable presents the following issues for our review: (1) whether his plea was voluntarily and intelligently entered and (2) whether he was denied the effective assistance of counsel. After consideration of the entire record, we conclude that Marable's plea was not voluntarily and intelligently entered. Accordingly, his conviction for aggravated assault is vacated and this case is remanded to the trial court.

W2002-01945-COA-R3-CV
W2002-01945-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Walter L. Evans

Dept. Children Serv. vs. Ericka Everson
W2002-01085-COA-R3-JV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Charles V. Moore
This case involves the termination of parental rights. The two children lived with their single mother in Arkansas. The mother and children stayed temporarily with the children's grandfather in Arkansas, who sexually abused one of the children. After the grandfather threatened the mother, she and the children went to Tennessee and stayed with the children's grandmother. The mother went back to Arkansas and left the children with the grandmother in Tennessee. The grandmother repeatedly sought medical attention for one of the children. A physician determined that the child was a victim of Manchausen Syndrome by Proxy, a form of child abuse in which the caretaker exaggerates or secretly induces symptoms of illness in the victim and then seeks medical attention for the victim's "illness." Both children were taken into custody by the Tennessee Department of Children's Services. A permanency plan was designed for the children's mother. The mother failed to comply with the permanency plan, provide support for the children, or visit the children on a regular basis. In addition, she abducted the children from foster care and would not protect them from the abusive grandmother. The State filed a petition to terminate the mother's parental rights. The trial court granted the petition, and the mother appeals. We affirm, finding that termination of the mother's parental rights was warranted on several grounds and that termination was in the children's best interest.

Leslie M. Buchholz v. Tennessee Farmers Life
W2002-02989-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Joe C. Morris

W2002-02221-COA-R3-CV
W2002-02221-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby

Ursula Wimpee v. Grange Mutual Casualty Company
W2002-02795-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: John R. Mccarroll, Jr.

Marion Mitchell v. Patricia Mitchell
E2002-03030-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: William E. Lantrip
This is a post-divorce proceeding. Patricia Mitchell ("Wife") filed a petition seeking to modify the parties' previously-modified judgment of divorce. She alleged a change of circumstances and sought "an increased alimony award." Some 23 months later, and at a regularly scheduled hearing on the merits, the trial court denied Wife's motion for a continuance and dismissed her petition against Marion Mitchell ("Husband"). The trial court subsequently denied Wife's motion to reconsider. Wife appeals, asserting that the trial court erred in failing to grant her motion for continuance and in failing to reconsider that decision. We affirm.

E2002-02809-COA-R3-CV
E2002-02809-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: John F. Weaver

State of Tennessee v. Latrece Jones
E2002-00893-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Rebecca J. Stern

A jury found the defendant guilty of criminally negligent homicide. The trial court sentenced her as a mitigated offender to .9 years of unsupervised probation. The defendant appeals her conviction and alleges that the trial court erroneously allowed the improper admission of evidence regarding child restraint laws and insufficient evidence to support a conviction. After careful review, we affirm the judgment of the trial court.