Marcie Allen v. Rashid Al-Qadir
M2001-03009-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: R.E. Lee Davies
This is an appeal from an Order entered on a jury verdict. Plaintiffs sued to set aside a transfer of property to Defendant-purchaser because Plaintiffs had an pre-existing contract on the same property. Plaintiffs also sued the Defendant-seller for specific performance of that pre-existing contract. The Chancery Court entered judgment on the jury verdict, finding, inter alia, that Defendant-purchaser was not a bona fide purchaser for value without notice. The court denied Defendant-purchaser's motions for new trial and to alter or amend. Defendant-purchaser appeals. We affirm.

JWT, L.P. v. Printers Press
M2001-02590-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Ellen Hobbs Lyle
Corporation sought compensatory and punitive damages for losses sustained as a result of neighboring business property owner's erection of a fence across a valid easement immediately adjacent to appellant's business. The chancery court denied corporation's claim for compensatory and punitive damages, but granted injunctive relief. Corporation appeals. We affirm.

Michael Holeman v. Donna Holeman
M2001-00622-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: Steven C. Douglas
After the trial court granted the parties a divorce, awarded them joint custody of their minor child, and granted primary physical custody of Child to Mother for the school year, Father filed a motion to reconsider the custody arrangement. The trial court denied the motion and Father appeals. We affirm the decision of the trial court.

State v. Christopher Flake
W2000-01131-SC-R11-CD
Authoring Judge: Justice Frank F. Drowota, III

Pero's Steak House v. Elizabeth Lee & 1st American Bank & 1st Tennessee Bank
E2001-00254-SC-R11-CV
Authoring Judge: Justice Frank F. Drowota, III
Trial Court Judge: Dale C. Workman
The issue in this appeal is whether the trial court and the Court of Appeals erred in refusing to apply the discovery rule to the three-year statute of limitations for conversion of negotiable instruments and in granting the defendant's motion for partial summary judgment as to checks allegedly converted more than three years before the plaintiffs filed suit on August 29 and 30, 1996. After fully and carefully considering the record and the relevant authorities, we conclude that the discovery rule does not apply to toll the statute of limitations when the claim alleged is conversion of a negotiable instrument. This conclusion applies both to the former statute of limitations, Tennessee Code Annotated section 28-3-105, and the current statute of limitations, Tennessee Code Annotated section 47-3-118(g). Therefore, in the absence of fraudulent concealment, a cause of action for conversion of a negotiable instrument accrues, and the statute of limitations begins to run, when the instrument is negotiated. With respect to the plaintiffs' claim that the defendant is guilty of fraudulent concealment, we are of the opinion that the record contains no genuine issue of material fact precluding summary judgment. Accordingly, the judgment of the Court of Appeals affirming the trial court's grant of partial summary judgment to the defendant is affirmed on the separate grounds stated herein.

Jackie Martin v. Lear Corporation
E2001-01002-SC-WCM-CV
Authoring Judge: Justice Frank F. Drowota, III
Trial Court Judge: Kindall T. Lawson
In this workers' compensation case, we are called upon to determine whether the trial court may admit a form C-32 medical report obtained by the plaintiff from the defendant's "consulting expert," a physician who made a physical examination of the plaintiff. The defendant claims that the physician it hired to make an independent medical examination of the plaintiff is protected from compelled testimony under Tennessee Rule of Civil Procedure 26.02(4)(B). However, the Tennessee's Workers' Compensation Law, specifically Tennessee Code Annotated sections 50-6-204(f) and 50-6-235(c), clearly permits the admission of testimony, including a medical report form, of an examining physician paid for by the employer in a workers' compensation case. Therefore, we hold that, pursuant to Tennessee Code Annotated sections 50-6-204(f) and 50-6-235(c), the trial court did not err by admitting the physician's medical report.

State of Tennessee v. Jason Fisher
E2002-00335-CCA-R3-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Judge D. Kelly Thomas, Jr.

The defendant pleaded guilty to six counts of forgery and was sentenced as a Range I, standard offender to an effective term of two years, which was suspended and ordered to be served on probation. Various probation violation warrants were filed, alleging that the defendant had failed to comply with the conditions of probation and, in general, was uncooperative with those in charge of supervising his sentence. Following a hearing on the fourth such warrant, the trial court revoked the defendant's probation and ordered him to serve the sentence originally imposed. The defendant appealed. Upon review of the record, we detect no abuse of the trial court's discretion and affirm the judgment.

State of Tennessee v. Kim Hickerson
M2001-02072-CCA-R3-CD
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge John W. Rollins

On December 15, 1997, a Coffee County jury convicted Appellant Kim Hickerson of selling less than 0.5 grams of cocaine, a class C felony. After a sentencing hearing on January 23, 1998, the trial court sentenced Appellant as a career offender to a term of fifteen years imprisonment. Appellant challenges both his conviction and his sentence, raising the following issues: 1) whether the evidence was sufficient to support his conviction; 2) whether the State established a proper chain of custody for the cocaine that was introduced into evidence; and 3) whether the Appellant was properly sentenced as a career offender. After a review of the record, we affirm the judgment of the trial court.

Kelvin Lee Young, Jr. v. State of Tennessee
W2001-02824-CCA-R3-PC
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Roy B. Morgan, Jr.

Petitioner was convicted by jury of one count of first degree murder and sentenced to life imprisonment with the possibility of parole. Petitioner filed for post-conviction relief, alleging ineffective assistance of counsel. Petitioner now appeals from the denial of relief from the post-conviction court. We affirm the denial of relief.

State of Tennessee v. Corrie J. Johnson
W2002-00429-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge C. Creed McGinley

The Defendant, Corrie J. Johnson, was convicted by a jury of selling cocaine, a Class C felony. The trial court sentenced the Defendant as a Range II multiple offender to eight years, to be served consecutively to two other sentences, for which the Defendant was on probation. The trial court also revoked the Defendant's probation on the two prior convictions. In this appeal as of right, the Defendant presents three issues: whether the evidence was sufficient to sustain his conviction, whether the trial court erred in its application of enhancing and mitigating factors when deciding the Defendant's sentence, and whether the trial court erred by revoking the Defendant's probation. We affirm the judgment of the trial court.

State of Tennessee v. James M. Powers
E2001-02363-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge E. Shayne Sexton

The Defendant, James M. Powers, appeals as of right from his convictions by a jury of four counts of rape of a child, a Class A felony. After a sentencing hearing, the trial court imposed a sentence of twenty years on each of the four counts and ordered that three of the sentences run consecutively, for an effective sentence of sixty years to be served in the Tennessee Department of Correction. The Defendant argues two issues on appeal: (1) that the evidence presented at trial was insufficient to support his four convictions of child rape, and (2) that the trial court erred by imposing consecutive sentences. We affirm the Defendant's convictions. We reverse the trial court's order that the sentences be served consecutively and remand for the entry of an order reflecting concurrent sentences.

State of Tennessee v. Tony Dean Morgan
E2001-02924-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge D. Kelly Thomas, Jr.

The Defendant pled "no contest" to aggravated assault and assault. Pursuant to the plea agreement, the Defendant received concurrent sentences of three years for the aggravated assault conviction and eleven months and twenty-nine days for the assault conviction, for an effective sentence of three years. The manner of service of the sentence was to be determined by the trial court. Following a sentencing hearing, the trial court ordered that the Defendant serve his entire sentence in the Tennessee Department of Correction. The Defendant now appeals, arguing that the trial court erred by ordering him to serve his sentence in confinement. Finding no error, we affirm the judgments of the trial court.

Advanced Plating, Inc. v. James A. Whitehead
M2001-01885-WC-R3-CV
Authoring Judge: Gray, Sp. J.
Trial Court Judge: Irvin H. Kilcrease, Chancellor
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel in accordance with Tenn. Code Ann. _ 5-6-225(e)(3) for hearing and reporting to the Supreme Court of Tennessee for findings of fact and conclusions of law. In this case, the employee contends (1) the trial court erred in awarding permanent partial disability benefits to a scheduled member rather than finding that the employee was and is permanently and totally disabled and (2) the trial court erred in awarding temporary total disability benefits for only 19 weeks. Appellee, Advanced Plating, Inc., counters requesting reversal and dismissal contending that the injury to the employee did not arise out of and in the course and scope of his employment. For reasons stated, the judgment of the trial court is affirmed. Tenn. Code Ann. _ 5-6-225(e)(3) Appeal as of Right; Judgment of the Chancery Court Affirmed GRAY, SP. J., in which DROWOTA, C. J., and LOSER, SP. J. joined. George Ellis Copple, Jr. and Ramona P. Desalvo, Nashville, Tennessee, for the appellant, James A. Whitehead. David J. Deming, Nashville, Tennessee, for the appellee, Advanced Plating, Inc. MEMORANDUM OPINION: James A. Whitehead ("Whitehead"), the employee-appellant, was born on the 1th day of February, 1937. He was employed by Advanced Plating, Inc. ("Advanced Plating"), the employer-appellee, as a buffer from 1988 until 1998. Whitehead alleges that on or about January 3, 1998, he injured his right knee while working at his buffing machine when a valve cover, the object he was buffing, became caught on a machine part and was thrown down toward his knee. Whitehead immediately reported the injury to Advanced Plating. Prior to this injury, the then 6-year-old Whitehead suffered from serious health problems including diabetes, hypertension, high cholesterol, and obesity. He was also a recovering stroke victim. After the injury, his knee became swollen and painful, and Whitehead could no longer work after February 16, 1998. He saw Dr. Cranfield, who believed Whitehead was experiencing pain but could not ascertain whether the knee had a fracture. Once he was approved for TennCare, Whitehead saw Dr. Bacon on June 1, 1999. Dr. Bacon found that Whitehead had pre-existing osteoarthritis in his right knee. He treated Whitehead conservatively for ten months and again in April 2. Dr. Bacon then noted that Whitehead's pre-existing osteoarthritis was aggravated by the January 3, 1998 work injury and that this condition progressed more rapidly than usual. Whitehead waited as long as he could, but he could no longer bear the pain. He underwent knee replacement surgery on May 8, 2. Whitehead achieved maximum recovery from the surgery on September 19, 2. Dr. Prachyl, a vocational rehabilitation counselor, tested Whitehead to determine his employability. Based on factors such as Whitehead's limited education, lack of special training, and long history of work as a manual laborer, Dr. Prachyl found that Whitehead qualified for less than 1% of the total jobs in Nashville prior to his injury. Post-injury, the number of jobs available to him further decreased to "essentially zero." Dr. Prachyl concluded that Whitehead was 1% occupationally disabled and unemployable.

State of Tennessee v. Randall Vertis Grainger
M2001-02178-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge Timothy L. Easter

Defendant appeals his conviction in the Williamson County Circuit Court for one count of aggravated sexual battery. Defendant raises the following issues for our review: 1) whether the evidence was sufficient to support his conviction; 2) whether the trial court erred in failing to instruct the jury on attempted aggravated sexual battery, sexual battery, attempted sexual battery, or attempted assault; 3) whether the trial court erred in approving and adopting the jury imposed fine of $10,000; and 4) whether the trial court erred in imposing a ten-year sentence. The judgment of the trial court is affirmed.

State of Tennessee v. Andre Mays and Cortez Bennett
M2001-02151-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge Steve R. Dozier

The Appellants, Andre Mays and Cortez Bennett, were convicted by a Davidson County Jury of first degree murder, attempted first degree murder, and two counts of especially aggravated robbery. Mays and Bennett were sentenced to life imprisonment plus fifty years. On appeal, Mays argues that the trial court erred in allowing a juror to remain on the panel after reading a prejudicial newspaper article during the trial. Bennett raises the following issues for review: (1) whether the trial court erred in not suppressing the photographic line-up; (2) whether the evidence was sufficient to support the verdicts; and (3) whether his sentence was proper. After a review of the record, the judgment of the trial court is affirmed.

State of Tennessee v. Richard Russell Brandt
M2001-02129-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge W. Charles Lee

The Appellant, Richard Russell Brandt, was convicted by a Bedford County jury of voluntary manslaughter and received a fifteen-year sentence, as a persistent offender. On appeal, Brandt raises the following issues for our review: (1) whether the evidence was sufficient to support the jury's verdict, and (2) whether his sentence was proper. After review, we find that Brandt's issues are without merit. Accordingly, the judgment of the Bedford County Circuit Court is affirmed.

State of Tennessee v. Keith Leranso Wells
M2002-00356-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge James K. Clayton, Jr.

The Defendant, Keith Leranso Wells, was indicted on four counts of especially aggravated robbery, one count of aggravated robbery, and one count of aggravated assault. The Defendant pled guilty to two counts of especially aggravated robbery; the remaining counts were held in abeyance pending resolution of the charges against the Defendant's co-defendants. The Defendant agreed that his sentencing would be delayed until those charges were resolved. Subsequent to entry of the judgments of conviction against the Defendant, but prior to his sentencing, the Defendant requested to withdraw his guilty plea. The trial court denied the Defendant's request and this appeal followed. We affirm the judgment of the trial court.

State of Tennessee v. Bobby L. Marshall
W2001-03106-CCA-R3-CD
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge Chris B. Craft

Shelby County Criminal Court jury convicted the defendant, Bobby L. Marshall, of sexual battery, a Class E felony. The defendant was sentenced as a Range I, standard offender to sixteen months in the workhouse and fined two thousand dollars. The defendant appeals his conviction, claiming that the trial court erred by refusing to instruct the jury on consent. We affirm the judgment of the trial court.

State of Tennessee v. Donald R. Mobbley
W2002-00202-CCA-MR3-CD
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge Joseph B. Dailey

A Shelby County Criminal Court jury convicted the defendant, Donald R. Mobbley, of burglary, a Class D felony, and the trial court sentenced him as a Range I, standard offender to two years in the workhouse. The defendant appeals, claiming that the evidence is insufficient to support his conviction and that the trial court erred by failing to instruct the jury on theft of property as a lesser included offense. We hold that the evidence is sufficient and that theft is not a lesser included offense of burglary. We affirm the judgment of the trial court.

State of Tennessee v. Kevin Island
W2002-00092-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge Bernie Weinman

The Defendant, Kevin Island, was convicted by a jury of especially aggravated kidnapping, a class A felony, and aggravated robbery, a class B felony. After a sentencing hearing, the trial court sentenced the Defendant as a Range II offender to concurrent sentences of twenty-five years and twelve years, respectively, to be served in the Department of Correction. In this appeal, the Defendant contends that the evidence is not sufficient to sustain his convictions. We affirm the judgment of the trial court.

State of Tennessee v. Jason Hamilton
M2001-00348-CCA-R3-CD
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge Steve R. Dozier

The defendant, Jason Hamilton, was convicted of first degree felony murder, second degree murder, and attempted aggravated robbery. The victim was named Thomas Spivey. The trial court merged the two murder convictions and sentenced the defendant to serve life in prison for the merged conviction. For his attempted aggravated robbery conviction, the trial court ordered the defendant to serve a four-year sentence concurrently with his life sentence. The defendant now appeals those convictions, arguing that the trial court erred by denying his motion to suppress his self-incriminating statement and that the evidence is insufficient to support his convictions. After reviewing the record, we affirm the judgment of the trial court.

State of Tennessee v. Clarence W. Carter
M2000-02230-CCA-R3-CD
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge Steve R. Dozier

On March 29, 2000, a Davidson County jury convicted the defendant on one count of conspiracy to sell three hundred grams or more of a substance containing cocaine and one count of possession with intent to deliver twenty-six grams or more of a substance containing cocaine. For the conspiracy conviction the trial court sentenced him to thirty-six years as a multiple offender, and for the possession charge the defendant received a sixteen-year sentence also as a multiple offender. In addition, the trial court fined the defendant one hundred thousand dollars on each count. The court then determined that the possession conviction should run consecutively to the conspiracy conviction resulting in an effective sentence of fifty-two years. After unsuccessfully pursuing a motion for a judgment of acquittal and a new trial motion, the defendant brings this appeal raising a variety of issues. More specifically, the defendant alleges 1) that the trial court erred by not granting him a judgment of acquittal on the amended possession count; 2) that the charge of "possession of over 26 grams of cocaine fatally varied with the conviction of possession of over 26 grams of c[o]caine with intent to sell"; 3) that the conspiracy count is void for failing "to allege an overt act in pursuit of the conspiracy"; 4) that the evidence is insufficient to support both convictions; 5) that the trial court erred in failing to provide the lesser-included instruction regarding conspiracy to sell or deliver under three hundred grams of cocaine; 6) that the trial court erred in sentencing the defendant as a multiple offender; and 7) that the trial court excessively sentenced the defendant as a result of improperly ordering that the sentences arising from this case are to be served consecutively. After considering each of these, we find that none of them merit relief and, therefore, affirm the defendant's convictions.

Frederick J. Robinson v. State of Tennessee
M2001-02018-CCA-R3-PC
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Cheryl A. Blackburn

In 1999, petitioner pled guilty to three counts of first degree pre-meditated  murder and received three concurrent life sentences without possibility of parole. Petitioner now appeals from the denial of his post-conviction relief petition, contending that his plea was not made knowingly and voluntarily and that he had been denied the effective assistance of counsel. We affirm the post-conviction court’s denial of post-conviction relief.

State of Tennessee v. Allen Lee Dotson, Sr.
M2001-01970-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Thomas A. Greer, Jr.
The defendant challenges the sufficiency of evidence, the trial court's failure to declare a mistrial, and the "knowing" jury instruction as it relates to his second degree murder conviction. We hold no reversible error occurred at trial and affirm the judgment from the trial court.

State of Tennessee v. James F. Massengale
E2000-00774-CCA-R3-CD
Authoring Judge: Presiding Judge Gary R Wade
Trial Court Judge: Judge Phyllis H. Miller

The defendant, James F. Massengale, who had been charged with eight counts of theft of property valued at greater than $10,000, three counts of theft of property valued at more than $1,000, three counts of attempted theft of property with a value greater than $10,000, and one count of burglary of an automobile, was convicted of five counts of theft over $10,000, one count of attempted theft over $10,000, and one count of burglary of a vehicle. The trial court imposed an effective sentence of eighteen years, with ten years to be served in the Department of Correction and eight years to be served on probation. In this appeal, the defendant asserts that the evidence is insufficient to support the convictions and that the trial court erred by ordering consecutive sentences. The judgments of the trial court are affirmed.