State of Tennessee v. Rickie Reed
W2001-02076-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge James C. Beasley, Jr.

The appellant, Rickie Reed, was convicted by a jury in the Shelby County Criminal Court of one count of second degree murder, one count of attempted second degree murder, and one count of reckless aggravated assault. The trial court merged the reckless aggravated assault conviction into the attempted second degree murder conviction. Following a sentencing hearing, the trial court imposed a sentence of twenty-three years incarceration in the Tennessee Department of Correction for the second degree murder conviction and a sentence of twelve years incarceration for the attempted second degree murder conviction, with the sentences to be served consecutively. In this appeal of right, the appellant alleges that the evidence was not sufficient to support his convictions of second degree murder and attempted second degree murder. We affirm the judgments of the trial court.

In the Matter of: T.K.C., T.J.C., C.B.W., T.S.W., T.S.C.
W2001-03017-COA-R3-JV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Harold W. Horne
This is a termination of parental rights case. The mother, Tonza Williams, appeals the order of the juvenile court terminating parental rights to her five children. For the reasons hereinafter stated, we affirm the juvenile court order.

Reiko Nolen v. State of Tennessee
W2001-03003-CCA-R3-CD
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge Lee Moore

The petitioner, Reiko Nolen, appeals as of right the Dyer County Circuit Court's denial of his petition for acquittal and removal of his guilty plea. He pled guilty to possession of over .5 grams of cocaine with intent to sell, a Class B felony, and was sentenced to six months in the county jail and eight years on probation. The petitioner contends that (1) the state breached the plea agreement by not allowing him to serve a subsequent twenty-year sentence before his probationary sentence in this case and (2) his sentence is illegal because the trial court lacked jurisdiction to sentence him to a term of probation to be followed by a term of incarceration. We hold that the petitioner's sentence is legal and that he has no basis for an appeal. Therefore, we are constrained to dismiss the appeal because of the lack of jurisdiction.

In the matter of S.M.S.
W2001-02999-COA-R3-JV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Harold W. Horne
This appeal arises from a child custody proceeding. The juvenile court granted custody to the mother. This appeal ensued. For the following reasons, we remand for further findings of fact.

Jerry Hunter vs. MTD Products
W2002-00005-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Clayburn L. Peeples
Plaintiff sued Defendant alleging a conspiracy. The Defendant filed a motion for summary judgment which the trial court granted. Plaintiff appeals and we affirm.

State of Tennessee v. Woodson Carter Criner
W2001-01940-CCA-R3-CD
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge Joseph H. Walker, III

The defendant, Woodson Carter Criner, was convicted in the Lauderdale County Circuit Court of driving under the influence (DUI) and received a sentence of eleven months, twenty-nine days to be suspended after serving one hundred twenty days in jail and a fine of one thousand one hundred dollars. The state appeals, claiming that the defendant's DUI sentence is illegal because the defendant was convicted of felony DUI. Although we hold that the trial court could sentence the defendant to less than one year for a Class E felony, we remand the case to the trial court to clarify whether the defendant was convicted of felony or misdemeanor DUI, review the defendant's sentence, and reenter the judgment.

James Clark vs. Jim Rose
W2002-01245-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Martha B. Brasfield
This case involves a prisoner's allegations that correctional personnel failed to follow internal policies and procedures concerning administrative segregation of prisoners, thus denying him his due process rights. As we are unable to determine from the record if Appellant's continued presence in administrative segregation is actually non-punitive in nature, we reverse the trial court's dismissal of Appellant's petition.

State ex rel. Quinn Johnson vs. Mike Holm
W2002-00965-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Jon Kerry Blackwood
This is an appeal of a denial of a petition for a common law writ of certiorari. The petition was filed by a prisoner seeking review of two decisions against him by the prison disciplinary board. Because the petition was filed more than sixty days after the first decision, we have no jurisdiction to address the issues presented regarding that decision. The petition was timely filed in regards to the second decision against Appellant, but we find no merit in Appellant's contentions and affirm the ruling of the trial court.

James Carter v. Fred J. Raney, Warden
W2002-00879-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge R. Lee Moore Jr.

Petitioner was denied habeas corpus relief by the trial court. He now appeals, claiming the trial court erred in failing to hold an evidentiary hearing and in failing to appoint counsel to assist him with his habeas corpus claim. We affirm the denial of habeas corpus relief.

W2002-01754-COA-R3-CV
W2002-01754-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: George R. Ellis

State of Tennessee v. Mark Allen Haskett
E2001-00600-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Douglas A. Meyer

The Defendant pled guilty to aggravated burglary and assault. The Defendant received a sentence of six years for the aggravated burglary conviction and a sentence of eleven months and twenty-nine days for the assault conviction. The trial court ordered that the six-year sentence for aggravated burglary be served concurrently with the sentence for assault, but consecutively to a sentence for evading arrest from another case. The Defendant's effective sentence in this case is six years in the Tennessee Department of Correction. On appeal, the Defendant challenges the length of his sentence for aggravated burglary and the manner of service of his sentences. Although the trial court misapplied certain enhancement factors, we conclude that the sentences imposed are appropriate and affirm the judgments of the trial court.

Nancy Martin vs. Charles Martin
E2001-01569-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: Telford E. Forgerty, Jr.
Charles Howard Martin appeals a judgment of the Trial Court which awarded Nancy Barnard Martin a divorce and certain other relief. We affirm.

Eddie Williams vs. Dept of Corrections
E2002-00306-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: Frank V. Williams, III
In this appeal from the Chancery Court for Morgan County the Petitioner/Appellant, Eddie Williams, Jr., contends that the Trial Court erred in dismissing his petition for writ of certiorari for failure to appear and prosecute. We vacate the judgment of the Trial Court and remand.

Hansen vs. Steven W. Bultman, et al
E2001-02664-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Dale C. Workman
In this jury case, the trial court remitted to $200,000 the jury's award of $350,000 to Albert Joseph Hansen ("Father"). The trial court's action was based upon its determination that Father had only sued for $200,000. Father appeals, contending that the trial court erred in remitting the jury's award. We affirm.

Hickman vs. Lynn Brown
E2002-02020-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: Thomas J. Seeley, Jr.
Plaintiff charged a Trial Judge with violating Plaintiff's civil rights by assessing him with court costs in another case. The Trial Judge dismissed the action. We Affirm.

Kevin Mcnamara v. Marshall Monroe
E2002-00407-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: Wheeler A. Rosenbalm

Phillip Stevenson v. State of Tennessee
M2001-02522-WC-R3-CV
Authoring Judge: Special Judge Joe C. Loser, Jr.
Trial Court Judge: Commissioner W. R. Baker

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 appeal, the employee insists the commission erred in dismissing his claim for failure to state a claim for which relief can be granted. As discussed below, the panel has concluded the judgment should be vacated and the cause remanded for further proceedings.

In the Matter of: A.W. & J.W.
M2002-01665-COA-R3-JV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Barry Tatum
The Juvenile Court of Wilson County terminated the parental rights of both parents to two young daughters. The mother appeals, asserting that the court erred in finding: (1) that the Department of Children's Services made reasonable efforts to reunite the family, (2) that she failed to substantially comply with the goals in the permanency plans, (3) that she failed to remedy the conditions that prevented the children's return to her, and (4) that the best interests of the children required the termination of her parental rights. We affirm the judgment of the juvenile court.

Lakewood Park Trusteeship v. Ramsey Johnson
M2002-00244-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: John Wiley Rollins
The trustees of a residential/recreational development sued the owner of a number of lots in the development for failure to pay assessments for several years. The owner appeals arguing there was insufficient proof he received the notices for the years in question. We affirm the trial court's judgment in favor of the trustees.

John A. Higginbotham v. Anne Cleve
M2002-00899-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: J. B. Cox
Anne Cleve appeals, pro se, the action of the trial judge in refusing to set aside a judgment entered against her enforcing a foreign judgment entered in the Circuit Court of Madison County, Alabama. We affirm the action of the trial judge.

Kenneth P. Bondurant and Hugh Peter Bondurant v. State of Tennessee
M2000-02287-CCA-R3-PC
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge Stella L. Hargrove

The appellants, Kenneth P. Bondurant and Hugh Peter Bondurant, appeal from the dismissal of their post-conviction petitions following a hearing on the question of whether the petitions were filed within the time prescribed under Tennessee Code Annotated section 40-30-202(a). The trial court found from the evidence presented that the petitions were filed more than one year from the final action of the highest appellate court to which an appeal was taken and that the petitions were time barred. As a result the petitions were dismissed.

In this appeal the appellants present two issues for our consideration. First, the appellants challenge whether the trial court erred in finding that the first post-conviction petitions filed by the appellants from prison were mailed beyond the applicable statute of limitations. Second, the appellants ask us to interpret Tennessee Code Annotated section 40-30-202(a) so as to begin the running of the statute of limitations from the date the highest appellate court's mandate is filed on direct appeal. We find no error in the findings of the trial court, and we decline to interpret Tennessee Code Annotated section 40-30-202(a) in the manner urged by the appellants. Accordingly, the judgment of the trial court is affirmed.

Christopher Pope v. Dept of Correction
M2001-02937-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Carol L. Mccoy
A prisoner in the custody of the Department of Correction was found guilty of a disciplinary offense and sentenced to punitive segregation. He subsequently filed a Petition for Writ of Certiorari, claiming that he was not afforded due process during the disciplinary hearing at which he was convicted. The trial court dismissed his Petition for failure to state a claim. We affirm the trial court.

Penny Taylor v. Christy Sowell
M2002-00535-COA-R3-JV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Betty K. Adams
Christy Sowell appeals an Order terminating her parental rights as to her child, S.P.S. The trial court, finding abandonment by willful failure to support and willful failure to visit the minor child, entered an Order terminating her parental rights. We affirm the action of the trial court.

08-99-0024-CC
08-99-0024-CC
Trial Court Judge: A. Andrew Jackson

Antonio Young v. State of Tennessee
E2001-00761-CCA-R3-PC
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Judge Douglas A. Meyer

Antonio Young appeals the Hamilton County Criminal Court's denial of his petition for post-conviction relief. The lower court found his allegations of ineffective assistance of counsel unsupported by the evidence and denied relief. Because we are unpersuaded of error, we affirm.