Opinions

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. 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

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.

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.

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.

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.

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

E2000-00256-COA-R3-CV
E2000-00256-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: Wheeler A. Rosenbalm

Theodore Davis v. U. S. Coal Inc.
E1999-01297-WC-R3-CV
Authoring Judge: Thayer, Sp. J.
Trial Court Judge: Billy Joe White, Chancellor
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. The appellant-employer appealed the trial court's ruling awarding appellee-employee 32% permanent partial disability to the body as a whole. Appellant argues the trial court was in error in accepting certain medical testimony when the doctor failed to follow AMA Guides in conducting examination and evaluation of employee. Judgment of the trial court is affirmed.

Clayton D. Eller v. Loram Maintenance of Way, Inc.,
E1999-00874-SC-R3-CV
Authoring Judge: L. Terry Lafferty, Senior Judge
Trial Court Judge: John Maddux, Judge
This workers' compensation appeal from the Cumberland County Circuit Court 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. The Cumberland County Circuit Court dismissed the plaintiff's claim for Tennessee workers' compensation benefits on the basis that the plaintiff affirmatively elected to seek workers' compensation benefits in the states of Maryland and Pennsylvania. After a review of the entire record, briefs of the parties and applicable law, we affirm the trial court's judgment.

Eddie Ray Harper v. Lockheed Martin Energy Systems,
E1999-01150-WC-R3-CV
Authoring Judge: Thayer, Sp. J.
Trial Court Judge: James B. Scott, Jr., Judge
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. The appellant-employee appealed the trial court's award of 12.5% permanent disability to the body as a whole which was based on a finding the employee had made a meaningful return to work resulting in capping the award at two and one-half times the medical impairment under T.C.A. _ 5-6-241(a)(1). On appeal, appellant argues he did not return to work for the "pre-injury employer" and the six times medical impairment under subsection (b) should control the award. Judgment of the trial court is affirmed as the new employer was a successor or substitute employer for the original employer by reason of a change of contractors at the U.S. government facility.

Mervin Reed v. Abb Combustion Engineering, Inc.
E1999-00589-WC-R3-CV
Authoring Judge: L. Terry Lafferty, Senior Judge
Trial Court Judge: W. Frank Brown, III, Chancellor
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated _ 5-6-225 (e)(3) for hearing and reporting of findings of fact and conclusions of law. In this appeal, the plaintiff/appellant asserts that the trial court erred in basing plaintiff's award of permanent disability benefits on a percentage of impairment other than that supported by the medical evidence at trial. After a complete review of the entire record, briefs of the parties and applicable law, we affirm the trial court's judgment.

State vs. Sandra Cooper
W2002-01036-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Roy B. Morgan, Jr.
Defendant, Sandra Hoyle Cooper, appeals the trial court's revocation of her community corrections sentence. Defendant received two community corrections sentences of eleven months and twenty-nine days each following two separate convictions for theft and for filing a false police report. While serving her community corrections sentences, Defendant was arrested for aggravated robbery. Following a revocation hearing, the trial court revoked her community corrections sentences and ordered the imposition of her original sentences. Defendant argues that the trial court improperly based its revocation on circumstantial evidence that she committed the offense for which she was arrested. After a careful review of the record, we affirm the judgment of the trial court.

State vs. Emit Keith Cody
E2000-02188-CCA-RM-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Ben W. Hooper, II
The Defendant, Emit Keith Cody, was convicted of first degree murder and sentenced to life imprisonment. He appealed, and we reversed his conviction and remanded the case for a new trial based on our conclusion that the trial court's failure to give a limiting instruction to the jury on the use of the State's main witness's prior inconsistent statement constituted plain error. See State v. Emit Keith Cody, No. E1999-00068-CCA-R3CD, 2000 WL 190227 (Tenn. Crim. App., Knoxville, Feb. 16, 2000). The State applied for permission to appeal to the supreme court, which granted permission for the purpose of remanding the case to this Court for reconsideration in light of the supreme court's recent decision in State v. Smith, 24 S.W.3d 274 (Tenn. 2000). After revisiting this issue, we remain of the opinion that the trial court committed plain error by failing to give a limiting instruction. Accordingly, the Defendant's conviction is reversed, and the case is remanded for a new trial.

Eddie Copeland vs. James A. Bowlen, Warden
E1999-01753-CCA-R3-CD
Trial Court Judge: Buddy D. Perry
The trial court dismissed the petitioner's pro se petition for habeas corpus relief. The petitioner alleges that various credits should reduce his sentence. The trial court determined that it lacked jurisdiction to address this issue or, in the alternative, that the sentence had not expired. We affirm the dismissal of the petition.

State vs. Rosalind Marie Johnson & Donna Yvette McCoy
E1999-02468-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Defendant, Rosalind Marie Johnson, appeals her convictions for facilitation of first degree felony murder and aggravated burglary, for which she received concurrent sentences of 15 years and 3 years, respectively. Defendant, Donna Yvette McCoy, appeals her convictions for first degree felony murder and aggravated burglary, for which she received concurrent sentences of life with the possibility of parole and 3 years, respectively. Both defendants raise the issue of sufficiency of the evidence to support their convictions. Defendant Johnson raises the following additional issues in her appeal: 1) whether the trial court erred in failing to sever the defendants' trials; 2) whether the trial court erred in failing to remove a juror for cause; and 3) whether the trial court erred in failing to suppress statements made by Johnson. We conclude that the issues raised by both defendants in this appeal are without merit. The judgments of the trial court are affirmed.

Peter A. Smith v. Asplundh Tree Expert Co.
E1999-01376-WC-R3-CV
Authoring Judge: John K.Byers, Sr. J.
Trial Court Judge: Howell N. Peoples, Chancellor
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated _ 5-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The defendant appeals from the judgment of the trial court which awarded the plaintiff temporary total benefits from May of 1992 until November 2, 1995, and found the plaintiff had sustained a forty percent permanent partial disability to the body as a whole. The plaintiff suffered a compensable injury, returned to work for the pre-injury employer, then left that position and obtained employment with another employer. We affirm the award of permanent partial disability, reverse the award of temporary total disability and remand the case to the trial court for a determination of the amount owed consistent with our findings.

State of Tennessee v. Shawn Dontay Beard
M1997-00114-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge Charles D. Haston, Sr.

The Defendant, Shawn Dontay Beard, appeals as of right following his conviction in the Warren County Circuit Court. Defendant was convicted by a jury for sale of a Schedule II controlled substance, cocaine, in an amount of less than point five (0.5) grams within one thousand feet of school grounds. Defendant argues there was insufficient evidence regarding his identity to support his conviction. He further challenges the length of his sentence on the grounds that the State raised the felony classification of his offense pursuant to the Drug-Free School Zone Act but failed to provide the Defendant with notice of enhancement. The judgment of the trial court is affirmed.

State of Tennessee v. Stejana Holder
M1999-02470-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge J. Randall Wyatt, Jr.

The appellant, Stejana S. Holder, was convicted of one count of aggravated assault, one count of resisting arrest, and one count of disorderly conduct. The Davidson County Criminal Court imposed an effective sentence of three years to serve sixty days in the workhouse followed by two years probation. On appeal, the appellant alleges that the trial court erred by denying total probation. Upon review, we find no error and affirm the sentence of the Davidson County Criminal Court.

Sara T. McBride v. Kenneth A. McBride
E1999-02562-COA-R3-CV
Authoring Judge: Judge Herschel P. Franks
Trial Court Judge: Chancellor John F. Weaver

Kenneth A. McBride appealed from an Order of the Chancellor confirming the Referee's Report that concluded McBride had offered no new evidence on the issue of reducing child support, which had been previously adjudicated. We affirm.

Signal Capital Corpooration, et a.,l v. Signal One, LLC, et al.
E2000-00140-COA-R3-CV
Authoring Judge: Presiding Judge Houston M. Goddard
Trial Court Judge: Chancellor W. Frank Brown, III

This appeal questions whether a forum selection clause is valid and enforceable against the Plaintiffs, Larry Wells and Signal Capital Corporation. Pursuant to the forum selection clause, Signal One LLC and NationsBanc Capital Corporation filed a motion to dismiss for improper venue. The Trial Court granted the motion to dismiss by finding the forum selection clause was valid. We affirm.

Robert B. Turner, et al v. John Louis Kinser
E1999-01201-COA-R3-CV
Authoring Judge: Presiding Judge Houston M. Goddard
Trial Court Judge: Chancellor Thomas R. Frierson, II

By this suit the Plaintiffs seek a declaration that they are entitled to four separate prescriptive easements across property owned by the Defendant. Prior to the commencement of trial the Defendant conceded that the Plaintiffs were entitled to one easement and the Plaintiffs conceded that they were not entitled to another one. The Trial Court found in favor of the Plaintiffs as to the remaining two easements, resulting in this appeal. We affirm.

Diana Lynn Stinnett v. Jack Stinnett
01210-COA-R3-CV
Authoring Judge: Judge D. Michael Swiney
Trial Court Judge: Judge Bill Swann

This is an appeal in a divorce case of the Trial Court’s denial of Wife’s Motion seeking postjudgment interest. The Judgment was satisfied three years and four months after it was entered. The Motion for post-judgment interest was filed three months after the Judgment was paid. The Trial Court denied post-judgment interest on two grounds. The first was the Trial Court’s finding of an accord and satisfaction resulting from Husband’s payment of the judgment without interest. The Trial Court also held it would be unconscionable and inequitable for Husband to pay post-judgment interest. The Trial Court then exercised its discretion to deny post-judgment interest. Wife argues that the Trial Court can not deny post judgment interest for equitable reasons, that Husband failed to prove an accord and satisfaction, and that the accord and satisfaction affirmative defense may not be raised for the first time during legal argument, cannot be established without proof, and is waived if not pleaded. We hold the Trial Court erred, reverse the Judgment of the Trial Court, and remand the case for further proceedings. To avoid the appearance of impropriety or lack of impartiality, the Trial Judge is to recuse himself from those further proceedings. Tenn. R. App. R. 3; Judgment of the Trial Court Reversed; Case Remanded
 

John W. Johnson v. Bernice Wade, et al.
W1999-01651-COA-R3-CV
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Judge Dick Jerman, Jr.

This appeal arises from an action for ejectment filed by Plaintiff John W. Johnson ("Plaintiff") against Defendant Bernice Wade ("Defendant"). Plaintiff filed suit in the Gibson County Circuit Court alleging that he was the sole owner of the tract of land where both Plaintiff's and Defendant's residences are located. Prior to Defendant's filing on an answer, Plaintiff filed a motion for default judgment. Thereafter, Defendant filed an answer, a motion to dismiss, and a motion to compel Plaintiff to appear for deposition. Following Plaintiff's failure to appear for deposition, failure to prepare an order as directed by the court, and an attempt to file a premature appeal, the trial court dismissed Plaintiff's case for failure to properly prosecute. Plaintiff appeals.