Stephen W. Murphy vs. State
M2000-00014-CCA-R3-PC
Trial Court Judge: J. Randall Wyatt, Jr.
The petitioner appeals as of right from the Davidson County Criminal Court's denial of post-conviction relief. The petitioner pled guilty in 1998 to two counts of theft and was sentenced as a career offender to twelve years for D felony theft and six years for an E felony theft. The sentences were statutorily required to be served consecutively. Petitioner filed a timely pro se petition seeking post-conviction relief, alleging ineffective assistance of counsel and involuntary and unknowing guilty pleas. After an evidentiary hearing, the post-conviction court denied relief. Based upon our review, we affirm the post-conviction court's denial of the petitioner's request for post-conviction relief.

Davidson Court of Criminal Appeals

Frances Blanchard vs. Arlene Kellum, D.D.S.
02S01-9709-CV-00083

Supreme Court

State vs. Preston Fisher
W2000-00906-CCA-R3-CD
Authoring Judge: Judge Gary R Wade
The defendant, Preston Fisher, was convicted of theft of property over $10,000.00. The trial court imposed a Range I, five-year sentence and required service of 120 days in jail, after which the defendant was to be placed upon intensive probation. Following a probation violation by his use of marijuana, the defendant was placed in a Community Corrections program which required one year of drug and alcohol treatment at the Synergy Foundation followed by four years of supervision. After the defendant failed to pursue treatment at Synergy, the trial court ordered that he serve his sentence in the Department of Correction. In this appeal of right, the defendant contends that the trial court erred by the revocation of the Community Corrections sentence. The judgment is affirmed.

Chester Court of Criminal Appeals

Southern Corp. vs. Mark Hiller, et al
02A01-9709-CH-00234
Trial Court Judge: D. J. Alissandratos

Shelby Court of Appeals

State vs. Jason Kimberland
02C01-9711-CC-00447

Hardin Court of Criminal Appeals

Crabtree vs. Crabtree
01A01-9710-CV-00576
Trial Court Judge: Muriel Robinson

Davidson Court of Appeals

Robertson vs. TN. Walking Horse & Breeders Assoc.
01A01-9610-CV-00456
Trial Court Judge: Lee Russell

Marshall Court of Appeals

Ford Consumer Finance Co. vs. Clay
01A01-9610-CH-00481
Trial Court Judge: Irvin H. Kilcrease, Jr.

Davidson Court of Appeals

Bess & Cummins vs. Associated Brokers
01A01-9707-CH-00319
Trial Court Judge: Carol L. Mccoy

Davidson Court of Appeals

Elizabeth Davis Black, v. Michael Walter Black
01A01-9801-CV-00056
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Judge J. Curtis Smith

This appeal involves post-divorce petitions for change of custody and child support. The mother, Elizabeth Davis Black (Tepas), has appealed from the judgment of the Trial Court transferring custody of the eleven year old daughter, Chelsea, from the mother to the father, Michael Walter Black, and relieving him of the obligation of child support while the child was in the custody of the father by agreement of the parties.

Marion Court of Appeals

Greene vs. TN. Dept of Correction
01A01-9608-CH-00370
Trial Court Judge: Irvin H. Kilcrease, Jr.

Davidson Court of Appeals

Thomasson vs. Thomasson
01A01-9706-CV-00273
Trial Court Judge: Gerald L. Ewell, Sr.

Coffee Court of Appeals

Reinhart vs. Parks
01A01-9708-CH-00412
Trial Court Judge: James L. Weatherford

Rutherford Court of Appeals

Irvin vs. Johnson
01A01-9708-CV-00427
Trial Court Judge: James E. Walton

Montgomery Court of Appeals

Bursack vs. Wilson
01A01-9710-CV-00555
Trial Court Judge: Marietta M. Shipley

Davidson Court of Appeals

Moore Construction Co. vs. Story Engineering
01A01-9606-CV-00267
Trial Court Judge: James E. Walton

Montgomery Court of Appeals

Bennie Day and Karen Day, v. City of Dercherd, Otis B. Smith, Jr., Mayor, Hank Weddington, Bill van Hoosier, Frank Green, and Daryl Doney, Commissioners - Concurring
01-A-01-9708-CH-00442
Authoring Judge: Special Judge Walter R. Bussart

I concur i the resulst of the majority opinion, but would base that result on different reasoning.

Court of Appeals

Phyllis Ann Frazier Hamby v. Joseph Dewight Hamby and Anthony Hamby - Concurring
03A01-9708-CV-00346
Authoring Judge: Judge Herschel P. Franks
Trial Court Judge: Judge John B. Hagler

In this divorce action, the wife appeals from the Trial Court’s Order of child support and the evaluation of the marital estate and its distribution.

Polk Court of Appeals

State of Tennessee vs. Melvin Lewis Peacock
01C01-9704-CR-00118
Authoring Judge: Judge John M. Tipton
Trial Court Judge: Judge J. Randall Wyatt, Jr.

The defendant, Melvin Lewis Peacock, appeals as of right from his jury convictions in Davidson County for possession with intent to sell three hundred grams or more of a substance containing cocaine, a Class A felony, and for the unlawful possession of a weapon, a Class E felony. The trial court sentenced the defendant as a Range I, standard offender to twenty years in the custody of the Department of Correction for the cocaine possession conviction and to a concurrent two-year sentence in the custody of the Department of Correction for the weapon possession conviction. The trial court ordered the defendant to serve the twenty-year sentence consecutively
to an earlier sentence. The defendant presents the following issues for our review:


(1) the trial court erred when it denied the defendant’s motion to suppress the evidence seized by the police pursuant to a search warrant on the basis that an exact copy of the warrant was not left with the defendant;
 

(2) the trial court erred in denying the defendant’s motion in limine to preclude the state from introducing into evidence five car titles found in a safe; and
 

(3) the trial court erred in permitting the state to recall Curtis Peacock as a witness during its case-in-chief.
 

We affirm the trial court’s judgment of conviction.

Davidson Court of Criminal Appeals

Billy Joe Bourff v. State of Tennessee
03C01-9705-CR-00189
Authoring Judge: Judge William M. Barker
Trial Court Judge: Judge Lee Asbury

The appellant, Billy Joe Bourff, appeals as of right the Campbell County Criminal Court’s dismissal of his petition for post-conviction relief. We affirm the judgment of the trial court.

Campbell Court of Criminal Appeals

State of Tennessee vs. Johnny Akins
02C01-9711-CR-00451
Authoring Judge: Judge Paul G. Summers
Trial Court Judge: Judge Joseph B. Dailey

Johnny Akins was found guilty by a jury of aggravated burglary. He was sentenced to fifteen years in Tennessee Department of Correction. The trial court denied his motion for a new trial. He appeals. The sole issue is whether the evidence is sufficient to support his conviction. We affirm the judgment of
conviction.

Shelby Court of Criminal Appeals

State of Tennessee vs. Anderson D. Curry
02C01-9711-CR-00452
Authoring Judge: Judge John H. Peay
Trial Court Judge: Judge Bernie Weinman

The defendant was indicted in December 1996 for rape of a child. A Shelby County jury found him guilty and the trial court sentenced him to twenty years in the Tennessee Department of Correction. In this appeal as of right, the defendant argues that the evidence is insufficient to support his conviction and that the trial court erred when it admitted into evidence a chart depicting the victim’s injuries. The defendant also argues that his sentence is excessive. After a review of the record and applicable law, we affirm the judgment of the court below.

Shelby Court of Criminal Appeals

Etta Mechelle Parks, v. Craig DeWayne Parks
03A01-9711-GS-00519
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Judge Rocky H. Young

In this divorce case, the appellant Etta Mechelle Parks argues that the trial court erred in awarding her former husband, Craig Dewayne Parks, custody of their two boys, ages seven and almost four. We do not find that the evidence preponderates against the trial court’s custody decree. See Rule 13(d), T.R.A.P.; Hass v. Knighton, 676 S.W.2d 554, 555 (Tenn. 1984). Accordingly, we cannot say that the trial court abused its discretion in placing the children’s sole custody with Mr. Parks. See Grant v. Grant, 286 S.W.2d 349, 350 (Tenn.App. 1954).

Campbell Court of Appeals

Patrick Alan Wolfe v. Terri Lee Wolfe
03A01-9801-CV-00003
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Judge Earle G. Murphy

In this post-divorce case, the trial court denied the petition of Terri Lee Wooten, formerly Wolfe (“Mother”), seeking sole custody of the parties’ daughter, Kelsea Wolfe, age five and a half. In the same order, the court granted the counterclaim of Patrick Alan Wolfe (“Father”) by modifying Mother’s visitation rights. Mother appealed, arguing that the trial court abused its discretion in failing to change the child’s custody. She also claims that the court erred in modifying the visitation schedule set forth in the divorce judgment.

Monroe Court of Appeals

Johnny T. Brown v. State of Tennessee
2A01-9701-BC-0001
Authoring Judge: Robert L. Childers, Special Judge
Trial Court Judge: Hon. Martha B. Brasfield
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. In this case the Commissioner of Claims found that the claimant/appellee was entitled to total disability payments from August 9, 1994 through November 9, 1994, in the amount of $3,617.57. The Commissioner also found that the claimant sustained a permanent partial impairment of 5% to the body as a whole in the amount of $55,5. Further, the Commissioner found that the State was not liable for payment of any medical expenses incurred for the services of Jackson-Madison County General associated with the claimant's August 9, 1994 surgery or for any deposition fees or medical bills of Dr. George Copple, Dr. Ray Hester or Dr. Joseph P. Rowland. Attorney's fees in the amount of $11,733.51 (2%) were awarded to the claimant. Because the evidence preponderates in favor of the decision of the Claims Commissioner, we affirm. The State admits in November 1991 that the claimant, Johnny T. Brown, then a 4-year-old male, sustained a back injury while pushing a two-hundred pound tent out of the back of a truck, a duty within the scope of his employment as a maintenance supervisor at Paris Landing State Park. Mr. Brown is a high school graduate with extensive experience in construction, maintenance and electrical work. He also has experience in tobacco farming and in computer applications. When the injury occurred, the claimant did not go directly to the emergency room, but later saw his family physician Dr. Charles Tucker. Dr. Tucker ordered a CT scan and an MRI and, in his Attending Physician's Report of November 21, 1991, diagnosed the claimant with a "lumbar strain from lifting heavy objects." Dr. Tucker then referred the claimant to Dr. Robert Merriweather, a neurosurgeon. Dr. Merriweather treated the claimant conservatively with physical therapy and anti-inflammatory and pain medications. During the course of treatment, Dr. Merriweather conducted a physical examination and reviewed the MRI ordered by Dr. Tucker. In addition, Dr. Merriweather ordered a myelogram and post-myelogram CT 2

Madison Workers Compensation Panel