Opinions

Deadrick M. Pigg v. State of Tennessee
M2000-03233-CCA-R3-CD
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge Cheryl A. Blackburn

A Davidson County grand jury indicted the defendant on one count of felonious unlawful possession of a weapon and one count of misdemeanor evading arrest. Following a jury trial, the defendant was acquitted of the weapons offense but convicted of evading arrest. At the conclusion of a sentencing hearing, the trial court sentenced the defendant to eleven months and twenty-nine days for this conviction. The court also ordered this sentence to run consecutively to another sentence stemming from a separate arrest. The defendant next unsuccessfully filed a motion for a judgment of acquittal or, in the alternative, a new trial. Through this appeal he continues to assert that the evidence is insufficient to support his conviction. However, after reviewing the record, we find that this issue lacks merit and, therefore, affirm the defendant's conviction for evading arrest.

Robert Chagrasulis v. Board of Medical Examiners
M2001-01595-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Irvin H. Kilcrease, Jr.
Appellant lost his license to practice medicine in the State of Maine. He later relocated to Tennessee and filed an application for a license to practice medicine. The Tennessee Board of Medical Examiners (the "Board") denied his application based on the disciplinary action taken against him in the State of Maine. The Davidson County Chancery Court affirmed the Board's decision. Appellant now appeals the Davidson County Chancery Court's decision to this court and asserts that the Board's decision was arbitrary and capricious or an abuse of discretion. We affirm the trial court's decision.

State of Tennessee v. Delaney E. Marcum
M2001-02257-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge Donald P. Harris

The Appellant, Delaney E. Marcum, appeals from the sentencing decision of the Williamson County Circuit Court. Marcum entered guilty pleas to one count of aggravated burglary, a class C felony, and one count of theft of property over $1,000.00, a class D felony. Under the terms of the agreement, Marcum received concurrent sentences of five years for aggravated burglary and four years for theft. Following a sentencing hearing, the trial court ordered that Marcum's sentences be served in the Department of Correction and, additionally, he was ordered to pay restitution on both counts. On appeal, Marcum contends that the trial court erred in (1) not sentencing him to probation or any other alternative to incarceration, and (2) ordering restitution in conjunction with total confinement. Finding no error, the judgment of the Williamson County Circuit Court is affirmed.

State of Tennessee v. Debra Kay Thomas
W2001-02039-CCA-R3-CD
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge Julian P. Guinn

The defendant, Debra Kay Thomas, appeals the Henry County Circuit Court's resentencing her upon revocation of her community corrections sentence. She claims that the trial court erred in failing to give her credit for the time she served in confinement and in the community corrections program under her original sentence. The state agrees. We hold that the defendant was improperly sentenced and remand the case for resentencing.

State of Tennessee v. Jack Roger Norton - Concurring
E2001-01903-CCA-R3-CD
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge Roger E. Cupp
Although based on the narrow issue presented in this appeal, I agree fully with the decision reached by the Court in this appeal, I am compelled to write separately in order to express my astonishment and dismay over the manner in which the Washington County SWAT team treated the innocent patrons of the tavern searched in this case. While the actions of the SWAT team do not mandate the suppression of evidence seized from the defendant, those actions as they relate to the bar patrons do merit the condemnation of anyone who believes that this country is not, at least for the moment, a police state.

State of Tennessee v. Jack Roger Norton
E2001-01903-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge Robert E. Cupp
The State has appealed from the trial court’s order granting the Motion to Suppress filed by Defendant, Jack Roger Norton. Defendant is the owner of a tavern in Washington County, which was the subject of a valid search warrant. It is undisputed that the officers did not “knock and announce” prior to their entry into the building to execute the warrant. This failure was the basis of the trial court’s ruling. After a thorough review of the record, the applicable law, and based upon the specific, narrow issue presented, we reverse the judgment of the trial court.

Eva M. Lemeh, Trustee v. Emc Mortgage Corporation
2002-00223-SC-R23-CQ
Trial Court Judge: Keith M. Lundin

Lewis Yunker v. Travelers Insurance
E2001-02089-WC-R3-CV
Authoring Judge: Howell N. Peoples, Special Judge
Trial Court Judge: D. Kelly Thomas, Judge
The employer's carrier appeals awards of temporary total disability benefits, 5 percent permanent partial disability to the body as a whole, and medical expenses. We affirm.

Earnest Peeler v. Tempro Services, Inc.
W2001-00922-SC-WCM-CV
Authoring Judge: L. Terry Lafferty, Senior Judge
Trial Court Judge: Martha Brasfield, Chancellor
Appellant/Defendant asserts that trial court erred in awarding permanent partial disability for seventy percent (7%) of plaintiff's right hand and forty-five percent (45%) of his left hand. As discussed below, this Panel affirms the trial court's judgment.

State of Tennessee v. Ricky Lee Hall
M2001-01874-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Frank G. Clement, Jr.

The defendant contests the trial court's revocation of his probation, more specifically its failure to dismiss the probation revocation warrant. We conclude the trial court did not err in not dismissing the warrant. We affirm the judgment of the trial court with instructions to enter a formal order revoking probation.

State of Tennessee v. Wade P. Tucker
M2001-02298-CCA-R3-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Judge J. Curtis Smith
The defendant, Wade P. Tucker, appeals from his Franklin County Circuit Court convictions of especially aggravated robbery and aggravated burglary. These convictions resulted from a bench trial in which the facts were stipulated by the defendant and the state. On appeal, the defendant challenges the sufficiency of the convicting evidence. We conclude that sufficient evidence supports the conviction of especially aggravated robbery; however, we hold that the conviction of aggravated burglary is infirm because the defendant, as an owner of the property, effectively consented to his entry into the house where the crime took place. Accordingly, we reverse and vacate the conviction of aggravated burglary but affirm the conviction of especially aggravated robbery.

State of Tennessee v. Daryl Keith Holton
M2000-00766-CCA-R3-DD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge William Charles Lee

The appellant, Daryl Keith Holton, was convicted by a jury in the Bedford County Circuit Court of four counts of first degree premeditated murder. The same jury imposed a sentence of death for each count of murder. The appellant now appeals both his convictions and sentences, presenting the following issues for our review: (1) whether the evidence adduced at trial is sufficient to support the jury's verdicts; (2) whether the statute setting forth the defense of insanity in Tennessee is violative of the United States Constitution in the context of a prosecution for first degree premeditated murder; (3) whether under the United States Constitution inadequate acoustics in the courtroom during his trial denied the appellant his right to a fair trial; (4) whether under the United States and Tennessee Constitutions the imposition of a sentence of death violates a criminal defendant's fundamental right to life; (5) whether the evidence adduced during the guilt/innocence and sentencing phases of the appellant's trial supports the jury's imposition of sentences of death; and (6) whether the appellant's sentences of death are comparatively disproportionate. Following a thorough review of the record and the parties' briefs, we affirm the judgments of the trial court.

State of Tennessee v. George T. Wiebe, in re: Paul's Bonding Company, Inc.
M2001-00350-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Steve R. Dozier

Bonding company for absconded defendant appeals final forfeiture of bond and alleges that its agents were without authority to issue an alleged illegal bond. Concluding that bonding company's employee had authority to act, we affirm the judgment of the trial court.

State of Tennessee v. Jeffrey B. Johnson
M2001-02494-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge R.E. Lee Davies
The defendant appeals the trial court's order rejecting his request for additional pretrial jail credits. We dismiss the appeal.

Adrian Wilkerson v. State of Tennessee
M2001-02295-CCA-R3-PC
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge J. Randall Wyatt, Jr.
This is an appeal from the denial of post-conviction relief. A Davidson County jury originally convicted the petitioner and a co-defendant of first degree felony murder, especially aggravated robbery, and theft over $1,000. The petitioner is serving an effective sentence of life imprisonment plus 25 years. In this appeal, the petitioner contends he received ineffective assistance of counsel due to counsel's failure to interview witnesses and failure to raise on direct appeal the trial court's denial of severance from his co-defendant. After a review of the record, we affirm the judgment of the post-conviction court.

Jerry Seymour v. Tomisa Sierra
M2001-02278-COA-R9-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Buddy D. Perry
The only question involved in this appeal is whether an insured may proceed directly against its uninsured motorist carrier when the tortfeasor is in fact insured but service of process is returned "not to be found." The Circuit Court of Franklin County allowed the suit to proceed and we granted the insurance company's motion for an interlocutory appeal under Rule 9, Tenn. R. App. P. After briefing and oral argument, we affirm the trial court.

State of Tennessee v. Howard C. Covington in re: Memphis Bonding Company
W2001-01575-CCA-R3-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Judge Carolyn Wade Blackett

Memphis Bonding Company appeals the Shelby County Criminal Court's order denying its petitions for exoneration of liability for the defendant Howard C. Covington's bail bonds for various offenses. Because the record fails to reflect that this case is properly before us as a rightful appeal, we dismiss the appeal.

Joe Hibbler, III v. State of Tennessee
W2001-00449-CCA-R3-PC
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Judge John P. Colton, Jr.

The petitioner, Joe Hibbler, III's petition for post-conviction relief was denied by the Shelby County Criminal Court following an evidentiary hearing. Because the record supports the lower court's determination that the petitioner did not demonstrate the ineffective assistance of counsel by clear and convincing evidence, we affirm.

State of Tennessee v. Larry Douglas
E2001-01945-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Rebecca J. Stern

After failing to report to his arrest house and failing a drug screen, defendant's sentence in the Community Corrections Program was revoked, and defendant appealed the revocation. The record contains substantial evidence to support the revocation. We affirm the judgment.

State of Tennessee v. Mark Walker
M2001-00341-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Carol L. Soloman

The defendant was convicted of one count of theft of property, one count of aggravated assault, two counts of criminal simulation, one count of evading arrest, and one count of possession of drug paraphernalia. The criminal simulation convictions were merged by the trial court, and the defendant was sentenced as follows: four years for theft of property, four years for criminal simulation, ten years for aggravated assault, and eleven months and twenty nine days for both evading arrest and possession of drug paraphernalia. On appeal, the defendant challenges the sufficiency of the evidence to support his convictions for theft, criminal simulation, and evading arrest. He also alleges that the trial court failed to exclude from evidence hearsay testimony and statements to law enforcement in violation of his Fifth Amendment rights. Further, the defendant asserts that the trial court erred by failing to instruct the jury on the lesser-included offense of attempted criminal simulation. Finally, the defendant challenges the length and manner of service of his sentences. After a review of the record, we reverse and dismiss the defendant's conviction of criminal simulation. The remaining judgments of the trial court are affirmed.

State of Tennessee v. Clyde Randall Scivally
M2001-02261-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge J. Curtis Smith
The defendant and co-defendant were indicted for possession of over .5 grams of cocaine with intent to sell and possession of drug paraphernalia. A Franklin County jury convicted the defendant of the lesser-included offense of simple possession of cocaine and acquitted him of possession of drug paraphernalia. The co-defendant was convicted of both indicted offenses. In this appeal, the defendant contends the evidence was insufficient to sustain his conviction. We affirm the judgment of the trial court.

Mary Kelley v. Mahlon Johns
M1998-00912-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Robert L. Jones
This appeal involves an intra-family dispute over the validity of an 88-year-old decedent's will leaving his farm to one of his nine children. After the will was admitted to probate in the Maury County Probate Court, six of the decedent's children filed suit in the Circuit Court for Maury County asserting that their father lacked testamentary capacity when he executed the will and that the will had been procured by undue influence by the child who received the farm. A jury determined that a confidential relationship existed between the decedent and his son when the disputed will was executed and that the will was procured by undue influence. Accordingly, the trial court entered an order invalidating the will and setting aside the pending probate proceeding. On this appeal, the child who received the farm from his father insists that the evidence does not support the jury's findings that he had a confidential relationship with his father and that he exerted undue influence over his father with regard to the substance of the will. We have determined that the record contains material evidence to support the jury's verdict and, therefore, affirm the judgment.

Robert Powell, Jr. v. Blalock Plumbing
M2001-00204-WC-WCM-CV
Trial Court Judge: Jeffrey F. Stewart

Robert Powell, Jr. v. Blalock Plumbing
M2001-00204-WC-WCM-CV
Trial Court Judge: Jeffrey F. Stewart

Robert Powell, Jr. v. Blalock Plumbing
M2001-00204-WC-WCM-CV
Trial Court Judge: Jeffrey F. Stewart