State vs. Christopher Karvey
M1999-02590-CCA-R3-CD
Authoring Judge: Judge Jerry Smith
Trial Court Judge: Seth W. Norman
The defendant entered a plea of guilty to DUI, and attempted to reserve a certified question of law pursuant to Tenn. R. Crim. P. 37(b)(2)(i). The defendant contends that the stop of his vehicle by police was illegal and that all evidence obtained as a result thereof must be suppressed. Because the defendant failed to properly reserve the certified question, the appeal is dismissed.

Union Planters vs. Island Management
W1999-00541-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: D. J. Alissandratos
This is a dispute regarding the repayment of a $350,000.00 loan that Union Planters National Bank ("Union Planters") made to Island Management Authority, Inc. ("Island Management") in 1989. The trial court found that Mr. Criss, Mr. Tigrett, and Mr. Richards, each of whom had executed a guaranty in favor of Union Planters, are jointly and severally liable to Union Planters for the outstanding balance of this loan. For the reasons set forth below, we affirm the ruling of the trial court.

Emmanuel Page vs. Doctor R. Crants
W1999-02127-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Jon Kerry Blackwood
An inmate sentenced in Wisconsin and transferred to Tennessee, where he is presently incarcerated, appeals from the trial court's order dismissing his petition for writ of habeas corpus. We affirm.

Lisa Alfaro Munday vs. William Mark Munday
E1999-02605-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Daryl R. Fansler
In this post-divorce proceeding, the trial court designated William Mark Munday ("Father") as the primary residential custodian of two of the parties' children. He had been awarded primary residential custody of the parties' third child at an earlier time. Lisa Alfaro Munday ("Mother") appeals, arguing (1) that the trial court lacked subject matter jurisdiction to modify the custodial arrangement and (2) that there had not been a material change of circumstances to warrant a change in custody. We affirm.

James David Ramsey, Jr. v. Crockett-Phillips Construction, et al
M1999-01008-WC-R3-CV
Authoring Judge: Loser, Sp. J.
Trial Court Judge: J. O. Bond, Judge
The employer and its insurer have appealed, contending the trial court's award of permanent disability benefits based on the functional equivalent of one hundred percent to both legs is excessive.

Margaret Elizabeth Butler v. Txas Boot,
M1999-00674-WC-R3-CV
Authoring Judge: Loser, Sp. J.
Trial Court Judge: John D. Wooten, Jr., Judge
The appellant contends the trial judge erred (1) in determining the employee's condition arose out of the employment and (2) in applying Tenn. Code Ann. _ 5-6-242, and (3) that the award is excessive.

J.C.Bradford vs. Southern Realty
W1999-01617-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: D. J. Alissandratos
This cause came to be considered by the Court upon a claim for misrepresentation arising from a real estate transaction. This is the second occasion that the Court has had to address this case. Initially, this cause was set for trial, and following opening statements, the Chancellor ruled from the bench in the defendants' favor. On appeal, this Court remanded the cause to the trial court for further proceedings consistent with the opinion. On remand, the defendants filed a motion for summary judgment, renewed a previously filed motion to dismiss and filed a counterclaim for attorneys fees. The trial court granted the defendants the requested relief. This appeal followed. Upon consideration of the record, the Court finds that the trial court's orders granting summary judgment, dismissing the complaint and awarding attorneys' fees should be vacated and that the cause should be remanded to the trial court for further proceedings consistent with this opinion.

Alvin Herring vs. Interstate Hotels
W1999-01055-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: John R. Mccarroll, Jr.
This is a dispute between Plaintiff Alvin O. Herring, Jr. and Defendant Interstate Hotels, Inc. d/b/a Memphis Marriott ("Memphis Marriott") regarding the theft of Mr. Herring's property from the Memphis Marriott's premises. The Memphis Marriott argues on appeal that the trial court erred in denying its motion for an extension of time to file an answer to Mr. Herring's complaint, in granting Mr. Herring's motion for a default judgment, and in denying its motion to set aside the default judgment. For the reasons set forth below, we affirm the ruling of the trial court.

Daniel Ray Stanfill vs. Karen Elaine Wright Stanfill
E1999-01878-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Bill Swann
In this post-divorce proceeding, the trial court modified the judgment of divorce by changing the custody of Christopher Stanfill (DOB: February 12, 1993) from Karen Elaine Wright Stanfill ("Mother") to Daniel Ray Stanfill ("Father"). The trial court also established Mother's visitation rights with her son. We affirm.

Kenneth L. Storey vs. Randall Nichols, et al
E1998-00851-COA-R3-CV
Authoring Judge: Justice Janice M. Holder
Trial Court Judge: David H. Cate
An accused awaiting trial on a charge of aggravated rape filed an action in the Chancery Court of Knox County against the district attorney general and two of his assistants. The complaint sought an injunction preventing the defendants from proceeding with his prosecution, a money judgment to compensate him for his mental and physical suffering, and the loss of over two years of valuable time. The complaint also sought to disbar the defendants. The Chancery Court granted summary judgment to the defendants. We affirm.

Fred Petitt v. Associated General Contractors Self-
E1999-00367-WC-R3-CV
Authoring Judge: Thayer, Sp. J.
Trial Court Judge: W. Frank Brown III, Chancellor
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. _ 5-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The appellant-insurance fund appealed the trial court's award of 35% disability to the body as a whole under T.C.A. _ 5-6-241(a)(2) after a reconsideration hearing. On appeal, appellant argues the award was improper because it was not established that the loss of employment was causally related to his injury and that the increased award was excessive. Judgment of the trial court is affirmed as recent ruling in Niziol v. Lockheed Martin Energy Systems, Inc. by the Supreme Court controls the reconsideration issue and award was reasonable and not excessive.

Massengill v. Liberty Mutual Ins. Co.
E1999-01180-WC-R3-CV
Authoring Judge: Thayer, Sp. J.
Trial Court Judge: James B. Scott, Jr., Circuit Judge
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated _ 5-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The appellant-employer appealed the trial court's ruling awarding appellee-employee 75 percent permanent disability benefits to his right arm. On appeal, appellant argues the award should have been fixed to the body as a whole since the injury was mainly to the employee's right shoulder. Judgment is modified to fix the award at 12 percent disability to the body as a whole as an injury to an extremity or shoulder is not a scheduled member.

James Meyers v. Continental Casualty Company
E1999-01593-WC-R3-CV
Authoring Judge: Thayer, Sp. J.
Trial Court Judge: Howell N. Peoples, Chancellor
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated _ 5-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The appellant-employer appealed the trial court's ruling finding the appellee-employee was entitled to an award of permanent disability benefits at 6 percent to the left hand. On appeal, appellant argues the award should have been confined to a scheduled member, the left thumb. The employee insists the appeal is frivolous. Judgment of the trial court is affirmed as the injury to the left thumb causes an unusual and extraordinary condition affecting the hand. The appeal is not found to be frivolous.

Samuel D. Nunley v. Carrier Corporation
M1999-01640-WC-R3-CV
Authoring Judge: Kurtz, Sp.J.
Trial Court Judge: Jeffrey F. Stewart, Chancellor
The sole issue in this workers' compensation appeal is whether the chancellor erred in finding that the plaintiff's injury arose out of his employment with Carrier Corporation. This panel affirms the decision of the trial judge.

State vs. Ronald Jerome Butler
M1999-01034-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Seth W. Norman
Ronald Jerome Butler was convicted by a jury in the Davidson County Criminal Court of one count of aggravated kidnapping and one count of aggravated robbery, both class B felonies. For the offense of aggravated kidnapping, the trial court sentenced the appellant as a Range I offender to ten years incarceration in the Tennessee Department of Correction, requiring him to serve one hundred percent of his sentence in confinement. For the offense of aggravated robbery, the trial court sentenced the appellant to ten years incarceration in the Tennessee Department of Correction, requiring him to serve thirty percent of his sentence in confinement. The trial court further ordered that the sentences be served consecutively. On appeal, the appellant raises the following issues for review: (1) whether his conviction of aggravated kidnapping violates principles of due process; and (2) whether the trial court erred in sentencing him. Upon review of the record and the parties' briefs, we affirm the judgments of the trial court.

William P. Henderson, et al vs. Henry Clay Hart, Jr.
E1999-01446-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: Harold Wimberly
This appeal arises from an executory contract for the sale of real property. Henry Clay Hart, Jr., the Appellant, appeals the judgment from the Knox County Circuit Court in favor of William P. Henderson and Lillian R. Henderson, the Appellees. Mr. Hart raises the issues of whether the Trial Court had proper subject matter jurisdiction to hear the case and whether the Court erred in finding that the executory sales contract was no longer in effect. 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 Henry Clay Hart, Jr. and his surety.

State vs. Letivias Prince
M1998-00005-CCA-R3-CD
Authoring Judge: Judge Jerry Smith
Trial Court Judge: Donald P. Harris
The defendant, Letivias Prince, was convicted of first degree murder and was sentenced to life imprisonment. On appeal, the defendant argues that the jury pool did not adequately represent the racial makeup of the community; that pre-trial publicity deprived him of a fair trial; that the trial court erred by permitting eight peremptory challenges in jury selection; that the trial court erred by allowing the state to either call a rebuttal witness or receive a missing witness instruction; that the trial court erred by instructing the jury regarding the order of consideration of offenses; and that the evidence was insufficient to sustain his conviction. The judgment of the trial court is affirmed.

State vs. Cecil L. Groomes, et al
M1998-00122-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Donald P. Harris
The defendants were convicted in Williamson County of especially aggravated robbery from an incident occurring at the Cool Springs Mall. Defendant Akins was sentenced to twenty years and fined $1,000, while defendant Groomes was sentenced to twenty-two years and fined $4,000. Both timely appealed, raising as issues whether Akins should have been transferred from juvenile court and tried as an adult, whether the prosecutor improperly excused a potential juror and made prejudicial statements in closing argument, whether the court properly instructed the jury, whether the evidence was sufficient, whether the victim's family and friends had improper contact with the jurors, and whether the defendants received appropriate sentences. Based upon our review, we affirm the judgments of the trial court.

Jerry Hardcastle v. State of Tennessee
M1999-00598-CCA-R3-PC
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Jane W. Wheatcraft

State vs. Frederick Gonzalez
M1999-00165-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Henry Denmark Bell
The Defendant appeals as of right from his conviction of simple possession of cocaine. He argues that the trial court erred in failing to suppress the evidence used to convict him because the evidence was the fruit of an unlawful seizure. We agree; accordingly, we reverse the Defendant's conviction and dismiss the case against him.

State vs. Anthony David Tapp
M1999-00414-CCA-R3-CD
Authoring Judge: Judge Gary R Wade
Trial Court Judge: James K. Clayton, Jr.
The defendant, Anthony David Tapp, was convicted of vehicular homicide as a result of intoxication. The trial court imposed a Range I sentence of 10 years. In this appeal of right, the defendant contends that the trial court erred by allowing into evidence pretrial statements which had been made by him but which had not been provided by the state in advance of the trial. The judgment is affirmed. Instructions by the defendant to witnesses of an accident not to speak to police did not qualify as discoverable material within the terms of Rule 16 of the Tennessee Rules of Criminal Procedure. In consequence, the defendant is not entitled to a new trial.

State vs. David B. Gardner
M1999-02337-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: John H. Gasaway, III
The Defendant was indicted for seven counts of forgery. He was subsequently tried by a Robertson County jury and found guilty of all counts, and the trial court sentenced him as a career offender to an effective sentence of twenty-four years. In this appeal as of right, the Defendant argues that the trial court erred by concluding that the evidence establishing venue was sufficient to support his convictions and by sentencing him improperly. We hold that the State carried its burden of proving venue by a preponderance of the evidence and that the trial court properly sentenced the Defendant. Accordingly, we affirm the conviction.

State vs. James Ellison Rouse
M1999-01807-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Jim Travis Hamilton
The defendant was convicted of two counts of first degree murder and two counts of attempted first degree murder as the result of a shooting spree at Richland High School. The defendant, then seventeen, was tried and convicted as an adult, and sentenced to two consecutive life without the possibility of parole terms plus fifty years. The additional fifty-year term is modified to forty-two years. We affirm the two consecutive life without the possibility of parole terms holding that if a jury unanimously finds the existence of at least one aggravating circumstance beyond a reasonable doubt, then in its considered discretion, the jury may sentence the defendant to either life imprisonment or life without the possibility of parole absent a showing of "gross abuse of discretion."

Tommy Ray Warren vs. State
M1999-1319-CCA-R3-PC
Trial Court Judge: Jim T. Hamilton
On April 12, 1993, the petitioner, Tommy Ray Warren, pled guilty in the Wayne County Circuit Court to two counts of first degree murder. The trial court imposed a life sentence for each count of murder and further ordered consecutive service of the life sentences. The petitioner subsequently filed a petition for post-conviction relief, alleging that his guilty pleas were not knowing and voluntary because he was not aware that his possible mental retardation could render him ineligible for the death penalty. The petitioner also alleged that trial counsel's failure to pursue a mental retardation hearing constituted ineffective assistance of counsel. The post-conviction court dismissed the petition, finding that the petitioner's pleas were knowing and voluntary and that the petitioner had received effective assistance of counsel. The petitioner now appeals the court's denial of relief. Following a review of the record and the parties' briefs, we affirm the judgment of the post-conviction court.

In Re: Estate of Bernie Riggs
W1999-01905-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Lee Moore
This appeal arises from a dispute over the disposition of the assets of Bernie F. Riggs ("Husband"). Plaintiff Julia Mae Riggs ("Wife") filed suit, alleging that Defendant Campbell ("Daughter") had used undue influence and had improperly disposed of Husband's assets through a power of attorney. The trial court found in favor of Daughter, holding that all transactions were valid and in accordance with Husband's wishes. Wife appeals.