State of Tennessee v. Kenneth Lamont Anthony
M2000-00839-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Seth W. Norman

The Defendant, Kenneth Anthony, was convicted by a Davidson County jury of first degree pre-meditated murder and attempted second degree murder. For these offenses, the Defendant received a sentence of imprisonment for life and a concurrent sentence of ten years in the Tennessee Department of Correction, respectively. On appeal, the Defendant challenges the sufficiency of the evidence with regard to the first degree premeditated murder conviction. Finding sufficient evidence in the record to support the Defendant's convictions, we affirm the judgment of the trial court.

State of Tennessee v. Lillie Fran Ferguson
W2000-01687-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge Roger A. Page

The Defendant, Lillie Fran Ferguson, pled guilty to possession with intent to sell or deliver less than .5 grams of a Schedule II controlled substance and to failure to obey a stop sign. As part of her plea agreement, she expressly reserved with the consent of the trial court and the State the right to appeal certain certified questions of law pursuant to Tennessee Rule of Criminal Procedure 37(b)(2) relating to the frisk of her person and the subsequent seizure of contraband. In this appeal, the Defendant asserts that the trial court erred by refusing to suppress the evidence obtained against her as the result of an unlawful frisk. She claims that the officer did not have reasonable suspicion that she was armed and dangerous, thereby warranting a Terry pat-down, and that the incriminating nature of the crack pipe felt by the officer during the pat-down was not immediately apparent within the meaning of the "plain feel" doctrine. However, because the Defendant failed to properly certify her issues for review, we are unable to reach the merits of her case. Accordingly, this appeal is dismissed.

Jeffery Lynn Anderson v. State of Tennessee
W2000-01782-CCA-R3-PC
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge J. Steven Stafford

The petitioner originally pled guilty to felony reckless endangerment, evading arrest in a motor vehicle, and two counts of theft over $1,000. The petitioner sought post-conviction relief, which was denied by the post-conviction court. In this appeal, the petitioner contends his trial counsel provided ineffective assistance of counsel. After a thorough review of the record, we conclude that the post-conviction court correctly denied post-conviction relief.

Cecil v. Crowson, Clerk
M2000-03060-SC-RL-RL

Travelers Indemnity Co. vs. Kenton Freeman, et al
M2001-00657-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Travelers Indemnity Company [Travelers] filed a complaint for a declaratory judgment respecting its liability to pay UM coverage for the minor child of its policyholder who was divorced from the child's mother, with joint custody having been awarded. Mother was killed in a traffic accident in Alabama; her passenger child was injured. Mother owned and was driving her automobile, and she also had UM coverage. The adverse driver had split liability coverage all of which was paid, in equal parts, to the Administrator of the mother's estate, and to the minor child. Mother's UM carrier paid its entire policy proceeds to her administrator. Travelers objected, inter alia, to the lack of allocation of the proceeds of mother's UM coverage. Travelers' insured, on behalf of his minor child, filed a counter-claim against Travelers for the entire UM coverage, notwithstanding an amount certain had never been determined. The court found that Travelers had never disputed that the value of the minor child's claim exceeded the UM coverage and rendered a summary judgment against Travelers for an amount certain. We vacate and remand.

In re: Estate of Lester Doyle and Estate of Edgar Doyle vs. William Hunt
M1997-00179-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Frank G. Clement, Jr.
The beneficiaries of the Edgar J. Doyle estate and trust petitioned the court for removal of the executor/trustee of the estates and trusts of Lester Hill Doyle and Edgar J. Doyle for, inter alia, failure to timely file the required inventories and accountings of both estates. Finding that the executor/trustee breached his fiduciary duty, the trial court removed the executor/trustee and appointed a third party not nominated in either will as the successor executor/trustee in both estates. The executor/trustee alleges error with his removal without an evidentiary hearing and the court's appointment of the successor trustee. We reverse.

Woodrow Wilson vs. Sentence Information Services, et al
M1998-00939-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Irvin H. Kilcrease, Jr.
This otherwise routine dispute over sentence reduction credits raises a seldom-considered point of procedure regarding the proper method for deciding contested facts at the preliminary motion stage. A prisoner filed suit in the Chancery Court for Davidson County against the Tennessee Department of Correction and other state and city officials asserting that he had not been awarded sentence reduction credits allegedly earned while incarcerated in the Davidson County Criminal Justice Center. After the Department filed a Tenn. R. Civ. P. 12.02(1) motion to dismiss on the ground that the prisoner had not exhausted his administrative remedies, the prisoner asserted that he had exhausted all of the remedies available to him from the Department. After considering the arguments and evidentiary materials submitted by both parties, the trial court concluded that the prisoner had not exhausted his administrative remedies and dismissed the suit. On this appeal, the prisoner asserts that the trial court erred when it concluded that he had not exhausted his administrative remedies. We have determined that the evidence regarding the prisoner's exhaustion of his administrative remedies does not preponderate against the trial court's conclusion. Accordingly, we affirm the dismissal of the suit.

State of Tennessee v. Alvin Ray Taylor - Dissenting
M1999-2566-CCA-R3-CD
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge L. Craig Johnson

I find that I must respectfully depart from Judge Hayes’s opinion. I concur in the reversal of the fine of $27,500, but I disagree that the fine provision of Code section 55-50–504(a) should be declared unconstitutional and that we should impose a fine pursuant to the provisions of Tennessee Code Annotated section 40-35-111(e)(1). I have concluded that we should hold that the particular fine in this case is excessive via our sentencing law but that we may, and should, stop short of declaring the statutory provision unconstitutional. On de novo review, we should impose a fine of $3,000, as is authorized by Code section 55-50-504(a).

State of Tennessee v. Alvin Ray Taylor
M1999-2566-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge L. Craig Johnson

Alvin Ray Taylor was convicted by a jury of driving on a revoked license, second offense. The jury fixed his fine at $27,500. Taylor argues on appeal that the fine provisions of TENN. CODE ANN. § 55-50-504(a)(2) permit the imposition of a fine with no maximum limit violating the Eighth Amendment protection against excessive fines. After review, we find the penalty provisions of the statute, as it relates to the amount of fine which may be fixed, unconstitutional and the fine imposed in this case excessive. Accordingly, that portion of the judgment imposing a fine of $27,500 is vacated. The Appellant’s fine is modified to reflect a fine of $2,500 pursuant to TENN.CODE ANN. § 40-35-111 (e)(1) ( maximum authorized fine for class A misdemeanor).

State of Tennessee v. Marcus W. Keener
M2000-00177-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Robert L. Jones

The defendant was indicted for first degree murder and convicted by a Lawrence County jury of second degree murder. In this appeal as of right, the defendant presents two issues for our review: (1) whether the evidence was sufficient to support his conviction; and (2) whether the trial court erred in failing to charge the jury on the lesser-included offenses of criminally negligent homicide and reckless homicide. The trial court charged the jury as to first degree murder, second degree murder, and voluntary manslaughter. The defendant received a sentence of twenty years to be served at 100% in the Tennessee Department of Correction. Having reviewed the entire record, we conclude that the evidence was sufficient to convict the defendant of second degree murder. We further conclude that the trial court did not err in failing to instruct on two additional lesser-included offenses. The judgment of the trial court is affirmed.

State of Tennessee v. Marcus W. Keener - Concurring
M2000-00177-CCA-R3-CD
Authoring Judge: Presiding Judge Gary R. Wade
Trial Court Judge: Judge Robert L. Jones

While I concur in the result, I write separately because I believe that the trial court erred by failing to instruct the jury on the lesser included offenses of criminally negligent homicide and reckless homicide.

State of Tennessee v. Danyelle Dewain Parker
M2000-00405-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Steve R. Dozier

The defendant was convicted by a Davidson County Criminal Court jury of aggravated burglary, aggravated assault, and kidnapping, for which he received an effective sentence of eighteen years. In this appeal as of right, he raises the following issues: 1) whether the trial court erred in allowing the victim's son to testify about the defendant's prior assault on the victim; 2) whether the convictions for aggravated assault and kidnapping should have been merged; and 3) whether the trial court erred in imposing consecutive sentencing. Based upon our review, we affirm the judgment of the trial court.

Billy Crowe, et al vs. Maury County, et al
M1999-02377-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Robert L. Holloway
This appeal arises from the purchase of part of the Appellees' property by the Appellant. The Appellees filed a complaint against the Appellant in the Circuit Court of Maury County, alleging trespass, material misrepresentation of fact or mutual mistake of fact, inverse condemnation, and unauthorized use of property. The Appellant filed a motion to dismiss. The trial court granted the motion on all counts but the inverse condemnation claim. Following a jury trial on the inverse condemnation claim, the jury found in favor of the Appellees in the amount of $12,000.00. The Appellees filed a motion for attorney's fees with the trial court, seeking $29,116.29. The trial court awarded the full amount of attorney's fees requested. The Appellant appeals the award of attorney's fees by the Circuit Court of Maury County. For the reasons stated herein, we remand this case for further findings of fact.

Eric Young v. Dept. of Corrections
M2002-01086-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Ellen Hobbs Lyle
A prison inmate was convicted of a disciplinary offense, and sentenced to punitive segregation. He filed a Petition for Writ of Certiorari, claiming there were serious procedural defects in the disciplinary proceeding. The trial court dismissed his Petition as time-barred. We affirm the trial court.

John David Terry vs. State
M1999-00191-SC-DDT-DD
Authoring Judge: Justice William M. Barker
Trial Court Judge: J. Randall Wyatt, Jr.

John David Terry vs. State
M1999-00191-SC-DDT-DD
Authoring Judge: Justice William M. Barker
Trial Court Judge: J. Randall Wyatt, Jr.

Charlotte Brown, et al vs. Birman Managed Care, Inc., et al
M1999-02551-SC-R11-CV
Authoring Judge: Justice Frank F. Drowota, III
Trial Court Judge: John A. Turnbull
The plaintiff, individually and on behalf of her daughter, sued her former husband and his employers for fraud and civil conspiracy to defraud. She alleges that these defendants successfully carried out a plan to reduce the amount of her former husband's child support payments. Part of the plaintiff's conspiracy claim is based on the testimony of her former husband in a child support hearing in which he is alleged to have falsely stated his income. The defendants moved for summary judgment on two grounds: (1) the quality of the plaintiff's evidence and (2) the defense of "testimonial privilege," which grants a witness immunity from subsequent civil liability based on testimony he gave in a judicial proceeding. The trial court granted the defendants' motion. The Court of Appeals, in an opinion authored by Judge Cantrell, reversed, holding that the defendants were not entitled to summary judgment and that the former husband's testimony comes within the "larger conspiracy" exception to the testimonial privilege. We affirm both holdings of the Court of Appeals.

Robert Spurlock, et al vs. Sumner County, et al
M1999-01486-SC-R23-CQ
Authoring Judge: Justice Adolpho A. Birch, Jr.
Trial Court Judge: Robert L. Echols
This case comes to us on a question of law certified from the United States District Court for the Middle District of Tennessee. The question for our resolution is: "Does a sheriff, when acting in a law enforcement capacity, [act] as a state [official] or [as a] county official under Tennessee law?" We accept certification and answer that a sheriff acts as a county official under Tennessee law.

Robert Wilson, Jr. vs. Martha Wilson
E2000-01181-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: William R. Brewer
In this post-divorce case, the trial court (1) denied the father's request to relocate to Georgia with the parties' minor child; (2) imposed sanctions for the father's perjury; and (3) changed the joint custody decreed at the time of the divorce to sole custody in the mother. On this appeal, the father argues (1) that the trial court erred in reversing its initial post-divorce decision pursuant to which the father had been permitted to relocate to Georgia; (2) that the trial court lacked subject matter jurisdiction under the Uniform Child Custody Jurisdiction Act to make a custody determination; (3) that the trial court should have declined to exercise jurisdiction on the ground of inconvenient forum; (4) that the trial court erred in basing its change of custody upon the father's admittedly false testimony; (5) that the trial court's reversal of its prior decision to permit the father to relocate is barred by the doctrine of laches; (6) that the trial court erred in finding that father's contemptuous behavior was a proper basis for denying him an award of child support; and (7) that the trial court abused its discretion when it imposed sanctions for criminal contempt without providing the necessary procedural safeguards. We find that the trial court erred in dismissing Father's petition for child support. In all other respects, we affirm the judgment of the trial court.

Lydia Brewster vs. Dan Brewster
M2000-01174-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Leonard W. Martin
This appeal involves the trial court's denial of the father's visitation after entry of a final decree of divorce granting the parents joint custody of the two minor children. The father filed a motion to alter and amend the final decree of divorce and for visitation. The mother opposed visitation by the father because of alleged sexual abuse of their daughter. The trial court denied father visitation. The father has appealed. We amend the final decree, affirm the denial of visitation, and remand the case for further proceedings.

Amy Blankenship vs. Carl Blankenship
M2000-01483-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Russell Heldman
Husband appeals a final decree of divorce terminating a marriage of ten years, presenting issues regarding the trial court's finding of contempt, confiscation of his guns, alimony, division of marital assets and debts, and attorneys fees. We vacate in part, modify in part, and affirm as modified.

C.R. Batts Const. v. 101 Construction Co., et al.
M2004-00322-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: J. S. Daniel
This appeal arises out of a breach of contract action filed by the plaintiff against the defendants. After a hearing, the trial court entered a judgment in favor of the plaintiff, awarding the plaintiff $24,260.11. Additionally, the trial court awarded the plaintiff pre-judgment interest in the amount of $5,579.82. The defendants have appealed to this Court. We affirm the judgment of the trial court.

Nina Noel vs. Harold Noel
W1999-02343-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: D. J. Alissandratos
This is a divorce case. The trial court granted the husband the divorce but ordered him to pay, inter alia, $8000 in child support arrearage, half of the wages owed to the former employees of the wife's new business, and court costs. The husband appealed. We reverse the trial court's holding that the husband should pay half of the wages of the wife's new business, since this is the wife's separate debt incurred after the parties separated, and affirm the remainder of the trial court's order.

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State of Tennessee v. Doug Myers
M2000-00861-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge Charles D. Haston, Sr.

Doug Myers was convicted by a Warren County Circuit Court jury of aggravated assault. The trial court sentenced Myers, as a Range I standard offender, to six years incarceration in the Department of Correction. On appeal, Myers raises the following issues for our review: (1) whether the evidence presented at trial was sufficient to support his aggravated assault conviction; (2) whether the trial court erred by allowing testimony concerning Myers' subsequent criminal conduct; and (3) whether the trial court erred in sentencing Myers to six years incarceration. After review, the judgment of the trial court is affirmed.