James Karls vs. Percy Pitzer, et al
W1999-01107-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Jon Kerry Blackwood
This is an appeal from the trial court's order dismissing a petition for writ of habeas corpus for failure to state a claim upon which relief can be granted. We affirm the ruling of the trial court.

State vs. Jack North
W1999-01301-CCA-R3-PC
Authoring Judge: Judge David G. Hayes
Trial Court Judge: C. Creed Mcginley
The appellant, Jack Jay North, Jr., was convicted of first degree murder by a Hardin County jury and was sentenced to life imprisonment without the possibility of parole. On appeal, he asserts that the post-conviction court erred in finding trial counsel's performance to be effective during the sentencing phase of trial. Specifically, the appellant contends that trial counsel was ineffective for (1) failing to offer mitigating proof at the sentencing phase; (2) for failing to request funds for a mitigation specialist; and (3) for not objecting to comments made by the State during closing arguments of the sentencing phase. After review, we affirm the judgment of the Circuit Court of Hardin County.

State vs. Julius Parker
W1999-01327-CCA-R3-PC
Authoring Judge: Judge Gary R Wade
Trial Court Judge: Joseph B. Brown
Because the petitioner, Julius Parker, who was convicted of aggravated robbery and felony murder, received the effective assistance of counsel at trial, he is not entitled to post-conviction relief.

State vs. Mark Williams
W1999-01456-CCA-R3-CD
Authoring Judge: Judge Gary R Wade
Trial Court Judge: Chris B. Craft
The defendant, Mark Williams, was indicted for attempted first degree murder. After being convicted for attempted second degree murder, he was sentenced, as a Range I offender, to 12 years in the Tennessee Department of Correction. In this appeal of right, the defendant contends that because the indictment did not allege an overt act, the conviction is void. He further asserts that the jury charge on attempted second degree murder was erroneous in that it did not require the jury to find that he intended to kill the victim. The judgment of the trial court is affirmed.

State vs. Billy Thompson
W1999-01001-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: James C. Beasley, Jr.
In 1995, Billy Thompson, a Mississippi resident, was convicted in Shelby County of driving under the influence, resulting in suspension of his driving privileges in this state for one year. Fifteen months later, Thompson was again charged and convicted of driving under the influence, sixth offense, reckless driving and driving while revoked, being the instant offenses before this court. On the date of the latter offenses, Thompson possessed a valid Mississippi driver's license, however, he had not complied with the statutory requirements for reinstatement of his driving privileges in this state. Thompson appeals his convictions contending the trial court erred (1) by failing to sever the charge of driving while license revoked from the remaining counts and (2) by failing to grant his motion for judgment of acquittal as to the charge of driving while license revoked. We conclude that all charges were properly joined pursuant to Tenn. R. Crim. P. 8(a). Moreover, we hold that a nonresident motorist, although possessing a valid out-of-state license, may not operate a motor vehicle in this state following this state's revocation of his driving privileges until the motorist complies with Tennessee's reinstatement procedures. Because we find the proof sufficient to support the challenged conviction, the judgment of the trial court is affirmed.

State vs. John Hampton
W1999-00983-CCA-R3-CD
Authoring Judge: Judge Gary R Wade
Trial Court Judge: Jon Kerry Blackwood
The defendant, John Lee Hampton, who was charged with two counts of rape, was convicted of two counts of statutory rape. The trial court imposed two concurrent one-year sentences, with all but sixty days suspended. In this appeal as of right, the defendant asserts that the evidence was insufficient. He also argues that the trial court erred by admitting certain photographs into evidence, by rehabilitating a juror, by denying his motion in limine to exclude evidence of uncharged sexual offenses involving the victim, by permitting the victim to testify in rebuttal regarding an uncharged sexual offense, and by refusing to suspend his entire sentence. We affirm the judgment of the trial court.

State vs. Michael Addison
W1999-00432-CCA-R3-PC
Authoring Judge: Judge Gary R Wade
Trial Court Judge: Bernie Weinman
Because the evidence does not preponderate against the trial court's determination that the petitioner received the effective assistance of counsel at trial and on direct appeal, the order denying post-conviction relief is affirmed.

State vs. Jenniefer Oakley
W1999-00850-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Bernie Weinman
Jennifer E. Oakley entered guilty pleas to three counts of misdemeanor possession of a controlled substance and one count of possession of drug paraphernalia. The manner of service, including the request for judicial diversion, was submitted to the trial court. The trial court denied a grant of judicial diversion based upon the circumstances of the offenses and the inherent dangerous effect of drugs to our communities. After review, we conclude that the record supports the trial court's denial of diversion. The judgment, accordingly, is affirmed.

State vs. Michael Upshaw
W1999-00777-CCA-R3-CD
Authoring Judge: Judge Gary R Wade
Trial Court Judge: James C. Beasley, Jr.

State vs. Gilford Williams
W1999-01556-CCA-R3-CD
Authoring Judge: Judge Gary R Wade
Trial Court Judge: John Franklin Murchison

State vs. Gilford Williams
W1999-01556-CCA-R3-CD
Authoring Judge: Judge Gary R Wade
Trial Court Judge: John Franklin Murchison

Clementine Newman vs. Allstate Insurance Co.
W1999-02064-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Robert L. Childers
Automobile owner sued body shop and her insurance company for alleged faulty repairs to vehicle after it was involved in a collision. The body shop repaired what the insurance company authorized, but owner initially claimed other damages which the insurance company and body shop determined were not a result of the collision. During attempts to resolve the dispute, body shop was willing to repair anything authorized by the insurance company, but requested the owner to pay the deductible and retrieve her automobile from their facility. Owner refused to take the automobile, and the body shop, after notification to her, started charging storage charges. In the suit that was initially tried in general sessions court, then de novo in the circuit court, owner sought to recover storage charges paid an additional award for other damage to her vehicle and for relief under the Tennessee Consumer Protection Act. The trial court awarded owner a judgment against the insurance company for additional damages and denied her claims under the Tennessee Consumer Protection Act and for repayment of the storage charges. Owner has appealed.

State vs. Jackie Gooch
W2000-00032-CCA-R3-PC
Authoring Judge: Judge David G. Hayes
Trial Court Judge: R. Lee Moore Jr.
The appellant, Jackie L. Gooch, appeals from the trial court's denial of his petition for post-conviction relief. Pursuant to a plea agreement, the appellant entered a "best interest" plea to the charge of voluntary manslaughter. On appeal, the appellant contends: (1) that his guilty plea was coerced and, thus, involuntarily entered; and (2) that trial counsel was ineffective. After review, we affirm the judgment of the post-conviction court.

State vs. Ronald Ballard
W2000-00033-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Roy Morgan
The appellant, Ballard, was found guilty by a jury of facilitating first degree murder. Following a sentencing hearing, the trial court imposed a sentence of twenty-five years, the maximum sentence permitted for a class A felony. Ballard now appeals the sentencing decision of the lower court, arguing that the court erred in its application of two enhancing factors and failed to apply a mitigating factor. Finding the record incomplete for review of these issues, the trial court's sentencing determination is afforded the presumption of correctness and the sentence is affirmed.

State vs. Darron Lenon
W1999-01951-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Dick Jerman, Jr.
In this case the Defendant, Darron Lenon, was found guilty of unlawful delivery of a Schedule II controlled substance, a Class B felony, following a jury trial. The trial court imposed a maximum Range I sentence of twelve years. In this appeal, the Defendant, in three issues, argues that the trial court erroneously applied an enhancement factor; failed to apply a mitigating factor; and failed to follow the mandates of the Tennessee Criminal Sentencing Reform Act of 1989. The Defendant asks this court to reverse the trial court and impose the minimum sentence of eight years. We decline to do so, and therefore affirm the judgment of the trial court.

Jimmy Lee Pierce v. State of Tennessee
W2000-00630-CCA-R3-CD
Trial Court Judge: Jon Kerry Blackwood

State vs. Dereke Fitzgerald
W2000-01279-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Julian P. Guinn
The appellant, Dereke Emont Fitzgerald, was convicted by a jury of aggravated assault and was sentenced to six years incarceration in the Tennessee Department of Correction. On appeal, the appellant raises one issue: Whether the trial court erred in refusing to instruct the jury on the issue of self-defense. Finding no error, we affirm the judgment.

State vs. Johnny Jones
W2000-01241-CCA-R3-PC
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Jon Kerry Blackwood
This appeal follows dismissal of the Appellant's petition for post-conviction relief. The Appellant, Jones, was convicted by a Fayette County jury of possession of cocaine (over 26 grams) with intent to sell and possession of marijuana. On direct appeal, his convictions and sentences were affirmed. The Appellant filed this post-conviction petition asserting the following errors: (1) the trial court erred in not granting the Appellant's motion to sever; (2) the trial court erred in sentencing the Appellant; and (3) deficient representation by defense counsel including failing to timely file a Rule 11 application to the supreme court from this court's decision. We find that Appellant's defense counsel was ineffective with respect to his failure to timely file a Rule 11 application. Accordingly, the Appellant is granted the right to seek a delayed appeal to the Tennessee Supreme Court. Denial of post-conviction relief is affirmed as to the remaining issues.

State vs. Michael Upshaw
W1999-00777-CCA-R3-CD
Authoring Judge: Judge Gary R Wade
Trial Court Judge: James C. Beasley, Jr.

State vs. Jerry Elliott
W1999-00361-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: John Franklin Murchison
The Defendant, Jerry Wayne Elliott, pled guilty to three counts of aggravated assault, reserving his right to appeal a certified question of law, pursuant to Tenn. R. Crim. P. 37(b)(2)(i). Defendant had filed a Motion to Suppress evidence obtained from an allegedly unconstitutional search and seizure of Defendant, which the trial court denied following an evidentiary hearing. The denial of this Motion to Suppress is the basis of the certified question of law. After review of the record and the briefs we affirm the judgment of the trial court.

State vs. Shannon Corley
E2000-00382-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: D. Kelly Thomas, Jr.
The defendant seeks full probation after pleading guilty to aggravated burglary and theft. She claims the trial court erred in requiring her to be incarcerated for ninety days of her four-year sentence. We affirm the sentence as imposed.

William Collins vs. State
E1999-02759-CCA-R3-PC
Authoring Judge: Judge Gary R Wade
Trial Court Judge: Lynn W. Brown
Because the trial court properly treated a habeas corpus petition as one for post-conviction relief and because the statute of limitations barred any review of constitutional issues, the petition was properly dismissed.

E1999-02594-COA-R3-CV
E1999-02594-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: William R. Brewer

State vs. Myra L. Smith
E1999-02196-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Mary Beth Leibowitz
Myra L. Smith appeals the sentencing decision of the Knox County Criminal Court revoking her non-incarcerative sentence and ordering service of the sentence in the TDOC. In September 1998, Smith pled guilty to the class C felony of facilitating aggravated robbery and was placed under the supervision of the Knox County Community Alternative to Prison Program (CAPP). Four months later, a violation warrant issued. On appeal, Smith argues that the trial court acted arbitrarily in revoking her suspended sentence by failing to consider her extreme drug addiction, her history of mental illness, and her lack of intent to violate the conditions of probation. Finding that the trial court did not abuse its discretion, we affirm.

State vs. Joe C. Anderson a/k/a Uncle Tom
E1999-02485-CCA-R3-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: E. Eugene Eblen
Raising issues of sufficiency of the evidence and improper sentencing, Joe C. Anderson appeals from his conviction of second degree murder in the Loudon County Criminal Court. Because we discern no error requiring reversal, we affirm.