State of Tennessee v. Anthony Murff, aka Antony Muff
W2001-01459-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Joseph H. Walker, III

The defendant was convicted by a Lauderdale County Circuit Court jury of especially aggravated robbery, a Class A felony, and sentenced by the trial court as a Range III, persistent offender to sixty years, to be served at 100%, in the Tennessee Department of Correction. He raises three issues on appeal: (1) whether the evidence was sufficient to support his conviction; (2) whether the trial court erred in using his prior Illinois convictions to classify him as a persistent offender; and (3) whether the trial court erred in its application of enhancement factors. We conclude that the evidence was more than sufficient to support the defendant's conviction, and that his prior convictions in Illinois qualified him as a persistent offender. We further conclude that, although the trial court erred in applying three enhancement factors, the remaining enhancement factors justify the sixty-year sentence imposed in this case. Accordingly, the judgment of the trial court is affirmed.

State of Tennessee v. Timothy D. McGlory
M2001-01998-CCA-R3-PC
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Judge Steve R. Dozier
The petitioner appeals the Davidson County Criminal Court's denial of post-conviction relief. Because the record supports the rejection of the petitioner's claims that his guilty pleas to two counts of aggravated robbery were unknowing and the result of ineffective assistance of trial counsel, we affirm the denial of post-conviction relief.

Discount Communications, Inc., v. BellSouth Telecommunications, Inc.
M2000-02924-COA-R12-CV
Authoring Judge: Presiding Judge Ben H. Cantrell

Discount Communications, Inc. purchases telephone services from BellSouth Telecommunications, Inc. and resells the services at an increased rate to Discount's own residential and commercial customers. Some of Discount's customers qualify for a Federal Communication Commission program called Lifeline, which provides telephone services at a reduced rate through federal and state subsidies. BellSouth and Discount got into a dispute about whether their agreement required BellSouth (1) to provide directory assistance to Discount's customers and (2) to pass the $3.50 per month state subsidy through to Discount. The Tennessee Regulatory Authority decided that the agreement required BellSouth to provide directory assistance at no charge to Discount's customers and that BellSouth was not required to forward the $3.50 monthly charge to Discount. We affirm.

State of Tennessee v. Genee Hardin Snow, Sr.
M2001-01416-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge Cheryl A. Blackburn

Originally charged in an indictment with the offense of attempted first degree murder, the Defendant, Genee Hardin Snow, Sr., entered into a negotiated plea agreement wherein he pled guilty to the lesser-included offense of attempted second degree murder, with the trial court to determine the length and manner of service of his sentence following a sentencing hearing. Additional charges of aggravated assault, reckless endangerment with a deadly weapon, and possession of a weapon in a public place were dismissed pursuant to the plea agreement. Following a sentencing hearing, the trial court sentenced Defendant to serve nine (9) years in the Tennessee Department of Correction. Arguing that he should have received the minimum sentence of eight (8) years, and that he should have been ordered to serve the sentence on probation or some other form of alternative sentence, Defendant has appealed. After a thorough review of the record, we affirm the judgment of the trial court.

Victor R. Wingo v. Tennessee Department of Correction
W2002-00312-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Chancellor Martha B. Brasfield

Petitioner, an inmate in custody of the Tennessee Department of Correction, filed a petition for writ of certiorari seeking judicial review of a disciplinary hearing wherein the inmate was found guilty of assault and strong arm activity and received a deduction of one-year in good time and was upgraded to maximum security. The trial court granted respondent's motion to dismiss for failure to state a claim. We affirm.

State of Tennessee v. Haskel D. Finch
M2001-00340-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Allen W. Wallace

A Humphreys County Circuit Court jury convicted the defendant of rape, and the trial court sentenced him as a violent offender to ten years, with 100% of his sentence to be served. On appeal, the defendant argues that the trial court erred in finding sufficient evidence to convict him of rape, in admitting a statement he made to the police, in admitting evidence of the victim's mental capacity, in denying his Tennessee Rule of Evidence 412 motion, and in failing to instruct the jury as to assault. We affirm the judgment of the trial court.

Michael Baral v. George Joshua Bombard
M2000-02429-COA-R3-JV
Authoring Judge: Judge Don R. Ash
Trial Court Judge: Judge Betty Adams-Green

This appeal arises from a dispute over the custody of Austin Bombard, a minor child, and the termination of George Bombard's parental rights on a finding of abandonment. The trial court dismissed the father's Petition for Custody and granted custody of the child to Jocelyn and Michael Baral, the child's maternal aunt and uncle. Mr. Bombard challenges the termination of his parental rights and the trial court's custody order. We affirm the trial court's termination of the father's parental rights and custody order. Costs of this appeal shall be assessed to the appellant.

State of Tennessee v. Mark Lee Dale
M2001-01205-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge W. Charles Lee

The defendant was convicted by a Lincoln County Circuit Court Jury of robbery, a Class C felony, and was sentenced by the trial court as a Range II, multiple offender to nine years, three months in the Department of Correction. The sole issue he raises on appeal is whether the trial court erred in finding that the State's peremptory challenge of the only African-American member of the venire was exercised on race-neutral grounds. Based on our review, we affirm the judgment of the trial court.

Fleet One, LLC., v. John Cook, et al.
M2001-03048-COA-R3-CV
Authoring Judge: Special Judge Walter C. Kurtz
Trial Court Judge: Judge John D. Wooten

This appeal challenges the dismissal of a defendant. The circuit court granted John Cook's Tenn. R. Civ. P. 41.02 motion for involuntary dismissal and found that he did not personally guarantee the debt of Bennett Hill Spring, LLC when he signed the Credit Application as "Operations Manager." Appellant challenges the circuit court's decision to grant the motion which dismissed John Cook as an individual defendant. As discussed below, we affirm the judgment of the circuit court granting John Cook's motion for involuntary dismissal. The circuit court was correct that, from a reading of the contract as a whole, it is not apparent that John Cook personally guaranteed payment by signing the Credit Application.

State of Tennessee v. Thomas Gatewood
M2001-01871-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Seth W. Norman

The defendant, Thomas Gatewood, was indicted for first degree murder but convicted of second degree murder, for which he was sentenced as a violent offender to twenty-three years imprisonment. In his appeal, the defendant argues that the trial court erred in not granting a continuance because of a missing witness, in not instructing as to the lesser-included offenses of reckless homicide and criminally negligent homicide and that his sentence was excessive. Although issues one and three are without merit, we agree that the jury should have been instructed as to the lesser offenses of reckless homicide and criminally negligent homicide. Accordingly, we reverse the conviction and remand for a new trial.

Eric Ross Sewell v. State of Tennessee
M2001-02134-CCA-R3-PC
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Jane W. Wheatcraft

The petitioner appeals the denial of his petition for post-conviction relief. The petitioner pled guilty to two counts of aggravated sexual battery, Class B felonies, and one count of attempted aggravated sexual battery, a Class C felony. Subsequently, he filed a petition for post-conviction relief, alleging ineffective assistance of counsel as its main issue. Following a hearing, the court denied relief, and the petitioner timely appealed. On appeal, the petitioner argues that the record shows that trial counsel was ineffective and that the post-conviction court showed bias in its ruling and incorrectly limited his proof at the hearing. Following our review, we affirm the denial of post-conviction relief.

Tanya Plattenburg v. Talley, Basham & Basham, Rogers Group, & John Doe, & State Farm Insurance
M2001-01779-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: Judge John W. Rollins

The Trial Court dismissed plaintiff's action, pursuant to Tenn. R. Civ. P. 41.02, for failure to pay costs which had been assessed as a sanction. On appeal, we affirm, as modified.

State of Tennessee v. Holly Fant
W2001-02634-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge Clayburn L. Peeples

The Appellant, Holly Fant, appeals from the sentencing decision of the Gibson County Circuit Court. Fant pled guilty, under an "open" plea agreement, to aggravated assault and, following a hearing, was sentenced to a term of four years in the Tennessee Department of Correction. Fant now appeals, asserting that the trial court failed to comply with the relevant sentencing principles and, therefore, erred in not granting her a non-incarcerative sentence. Because we find that the trial court failed to place on the record discernable enhancing or mitigating factors as is statutorily required, and failed to include findings with regard to the denial of an alternative sentence, the judgment is reversed and this case is remanded for a new sentencing hearing.

Frederick Beauregard v. State of Tennessee
W2001-02546-CCA-R3-PC
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge Jon Kerry Blackwood

The Appellant, Frederick Beauregard, appeals from the Hardeman County Circuit Court's denial of his petition for post-conviction relief. In May of 1997, Beauregard was convicted of the rape and incest of his thirteen-year-old daughter. He received an effective sentence of nine years for the convictions. Beauregard's convictions and sentences were later affirmed on direct appeal. See State v. Beauregard, 32 S.W.3d 681 (Tenn. 2000). On February 13, 2001, Beauregard timely filed his pro se petition for post-conviction relief which was amended following appointment of counsel. Following a hearing on the merits, the trial court denied Beauregard's petition.

From this denial, Beauregard now appeals asserting that he received ineffective assistance of trial counsel in the following respects: (1) trial counsel was inadequately prepared for trial; (2) trial counsel failed to properly investigate, interview or call material witnesses at trial; (3) trial counsel failed to discuss trial strategy or the theory of the case with Beauregard; (4) trial counsel failed to review the jury list with Beauregard; (5) trial counsel failed to develop testimony with regard to the chain of custody of the rape kit and its reliability; and (6) trial counsel failed to provide expert proof to rebut the State's DNA expert. After review, we find no error and affirm the judgment of the post-conviction court.

State of Tennessee v. Jeffrey Douglas Stratton
E2001-00357-CCA-R3-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Judge D. Kelly Thomas, Jr.

The defendant, Jeffrey Douglas Stratton, pleaded guilty to seven counts of theft involving checks that he had forged. Pursuant to a plea agreement with the state, the defendant was sentenced to four years on each count, and two of the sentences were to be served consecutively for an effective sentence of eight years. The trial court was to determine the manner of service of the sentences. After a sentencing hearing, the trial court imposed fully incarcerative sentences to be served in the Department of Correction. The defendant appeals this sentencing determination. We affirm the judgment of the trial court.

Ricky Garrett v. State of Tennessee
M2001-00312-CCA-R3-PC
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Steve R. Dozier

The petitioner appeals the denial of his petition for post-conviction relief from a burglary conviction, arguing that the post-conviction court erred in finding that he received the effective assistance of trial counsel. He contends that trial counsel failed to provide information that was essential for him to make informed decisions in his case and failed to present an adequate defense at trial, and that the cumulative effect of the alleged deficiencies in counsel's performance was to prejudice the outcome of his case. We affirm the denial of the petition for post-conviction relief.

Ricky Garrett v. State of Tennessee
M2001-00312-CCA-R3-PC
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Steve R. Dozier

The petitioner appeals the denial of his petition for post-conviction relief from a burglary conviction, arguing that the post-conviction court erred in finding that he received the effective assistance of trial counsel. He contends that trial counsel failed to provide information that was essential for him to make informed decisions in his case and failed to present an adequate defense at trial, and that the cumulative effect of the alleged deficiencies in counsel's performance was to prejudice the outcome of his case. We affirm the denial of the petition for post-conviction relief.

Larry Patterson v. Premier Medical Group, P. C.,
M2001-01380-WC-R3-CV
Authoring Judge: Joe C. Loser, Jr., Sp. J.
Trial Court Judge: Allen Wallace, Judge
In this appeal, the appellants contend (1) the trial court erred in awarding disability benefits in light of the appellee's refusal to undergo carpal tunnel release surgery, (2) the trial judge erred in admitting into evidence and considering testimony of a vocational expert called by the appellee, and (3) the trial judge erred in awarding permanent total disability benefits for a scheduled injury. As discussed below, the panel has concluded the award of permanent partial disability benefits should be modified to one based on 1 percent to both arms.

State of Tennessee v. Jimmy L. Slatton
M2001-01529-CCA-R3-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Judge J. O. Bond

The defendant, Jimmy L. Slatton, pleaded guilty to attempted aggravated sexual battery and agreed to a six-year sentence. The plea agreement provided that the trial court would determine the manner of service of the sentence. After a sentencing hearing, the trial court denied any form of alternative sentencing and imposed incarceration in the Department of Correction. From this determination, the defendant appeals. Finding no error, we affirm the judgment of the trial court.

State of Tennessee v. Jimmy L. Slatton
M2001-01529-CCA-R3-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Judge J. O. Bond
The defendant, Jimmy L. Slatton, pleaded guilty to attempted aggravated sexual battery and agreed to a six-year sentence. The plea agreement provided that the trial court would determine the manner of service of the sentence. After a sentencing hearing, the trial court denied any form of alternative sentencing and imposed incarceration in the Department of Correction. From this determination, the defendant appeals. Finding no error, we affirm the judgment of the trial court.

Steve V. Walker v. State of Tennessee
E2001-00322-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Douglas A. Meyer

The Petitioner filed a petition for writ of habeas corpus, alleging that his sentence was illegal because: (1) he was improperly sentenced as a persistent offender; (2) his sentence was improperly enhanced because he did not receive the State's notice of intent to seek enhanced punishment; (3) the record of his prior criminal convictions relied upon to sentence him was inaccurate; and (4) his counsel was ineffective. The trial court denied the Petitioner's request for habeas corpus relief, and the Petitioner appealed. Because the Petitioner has failed to allege grounds that would warrant habeas corpus relief, the judgment of the trial court is affirmed.

Kelley McEvoy v. Kimberly Brewer
M2001-02054-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: C. L. Rogers
This appeal involves the custody of a seven-year-old girl. Her parents initially agreed to joint custody in their marital dissolution agreement that was approved by the General Sessions Court for Sumner County. Both parties later petitioned for sole custody. The general sessions court determined that the father should be the child's primary custodial parent because the mother had married a man who posed a credible threat of domestic abuse or violence toward the child and because the existing alternating custody arrangement was no longer workable. The mother asserts on this appeal that the evidence does not support the general sessions court's decision to change custody. We have determined that the evidence does not preponderate against the court's decision to modify the custody arrangement and to award the father primary physical custody of the child.

Karen Gale Engel v. Jerry Burton Young, Sr.
M2001-00734-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: Clara W. Byrd
This appeal arose after a paternity and custody proceeding was resolved by the trial court in which custody of the child was granted to Mother and visitation was granted in part to Father and in part to the child's half-siblings, Father's adult daughters. Mother appeals, arguing that the third party visitation order violates her constitutional rights as a parent and that she should have been awarded the tax deduction for the child. Because the trial court was incorrect in ordering the third party visitation, we reverse that portion of the trial court's decision which awarded visitation to the child's half-siblings. Because the trial court did not abuse its discretion in awarding the tax deduction to Father, we affirm that portion of the trial court's decision. We also decline to award Mother attorney's fees on appeal

Dan Johnson v. Department of Correction
M2001-02424-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Ellen Hobbs Lyle
This appeal involves a dispute between a prisoner and the Tennessee Department of Correction regarding historical sentencing information contained in his records. The prisoner filed a petition for writ of mandamus in the Chancery Court for Davidson County seeking an order directing the Department to remove an outmoded release eligibility date from his records and to certify him as eligible for parole. The trial court granted the Department's motion for summary judgment, and the prisoner has appealed. We affirm the judgment because the manner in which the Department maintains its records is not a ministerial function and because the prisoner does not have a legal right to require the Department to maintain his records in any particular way.

Dept. of Children's Services v. C.M.S.
M2001-02893-COA-R3-JV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: George L. Lovell
This case involves the termination of parental rights of the mother of two children, both of whom were born while the mother was a minor. At the time of the hearing the son was almost five and the daughter was almost three, and they have been in state custody since they were one year old and three months old, respectively. The trial court terminated the mother's parental rights because of the persistence of conditions which prevent the safe return of the children to the mother and because there was little likelihood the conditions would be remedied at an early date to allow a safe return in the near future. We affirm that decision.