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| First Utility District of Knox County vs. Eleanor Jo Jarnigan-Bodden
E1999-01674-COA-R3-CV
The property owner objected to service of process and asserted due process violations relating to a utility district easement condemnation. Service of process by publication was proper notice to the non-resident Cayman Islands resident, there was no showing that the condemnation for public purpose was not necessary, and there was no right for the property owner to demand a jury of view to determine the proper easement for a water line. Judgment of the Trial Court is affirmed and the case remanded for determination of the compensation due the property owner for the taking.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Harold Wimberly |
Knox County | Court of Appeals | 07/19/00 | |
| Watauga Industries, Inc. vs. Harry W. Greenwell, et al
E1999-00699-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Originating Judge:G. Richard Johnson |
Carter County | Court of Appeals | 07/19/00 | |
| Frazier vs. Whisman
M1997-00225-COA-R3-CV
This appeal arises from the efforts of an inmate of the Tennessee Department of Correction to have his sentence recalculated. The prisoner initially wrote to an employee of the department requesting the recalculation. Ten months after receiving the department's letter denying his request, the prisoner filed a petition for a declaratory judgment in the Chancery Court for Davidson County. The trial court dismissed the petition, and the prisoner appeals. We affirm the trial court because the prisoner did not file his petition within sixty days of the department's decision.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Carol L. Mccoy |
Davidson County | Court of Appeals | 07/19/00 | |
| Donna Martin vs. Mary Coleman, et al
M1999-02238-COA-R3-CV
This is a dispute over real property which was the subject of an installment land sales contract between the parties and over the proceeds of an insurance policy after the dwelling on the property burned. The trial court ordered that the title to the property be divested from the Seller and be vested in the Buyer and that the remaining proceeds of the insurance policy be awarded to Buyer after all overdue payments of taxes and insurance and the incurred clean up costs were deducted. The Seller appeals on the grounds that the evidence was contrary to the judgment and that the plaintiff had breached the contract and is entitled to neither the property nor the insurance proceeds. For the reasons below, we affirm the judgment as modified.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Allen W. Wallace |
Humphreys County | Court of Appeals | 07/19/00 | |
| State vs. Michael N. Grey
M1999-01428-CCA-R3-CD
The appellant, Michael N. Grey, was convicted by a jury in the Dickson County Circuit Court of two counts of aggravated robbery, a class B felony, and two counts of theft under $500, a class A misdemeanor. The trial court sentenced the appellant to ten years incarceration in the Tennessee Department of Correction for the aggravated robbery convictions. The trial court also sentenced the appellant to eleven months and twenty-nine days incarceration in the Dickson County Jail for the theft convictions.The trial court further ordered that the appellant's sentences be served concurrently. The appellant raises the following issue for review: whether the appellant was denied due process because the State failed to provide him with proper pre-trial exculpatory evidence. Upon review of the record and the parties' briefs, we affirm in part and reverse in part the judgments of the trial court.
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:Allen W. Wallace |
Dickson County | Court of Criminal Appeals | 07/19/00 | |
| Michael Youmans vs. Samuel Coleman
W2000-00150-COA-R3-CV
This is a construction case. The general contractor sued the homeowner for failing to make payment under the contract and for failing to pay for "extras" not contained in the original contract. The homeowner asserted that the general contractor failed to make certain corrections to the home, and that he did not agree to pay for "extras." After a bench trial, the trial court held for the homeowner. The general contractor appeals. We affirm, finding that the trial court's decision was based on its determination of the credibility of the witnesses.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Julian P. Guinn |
Carroll County | Court of Appeals | 07/19/00 | |
| First Utility District of Knox County, Tennessee v. Eleanor Jo Jarnigan-Bodden
E1999-01674-COA-R3-CV
The property owner objected to service of process and asserted due process violations relating to a utility district easement condemnation. Service of process by publication was proper notice to the non-resident Cayman Islands resident, there was no showing that the condemnation for public purpose was not necessary, and there was no right for the property owner to demand a jury of view to determine the proper easement for a water line. Judgment of the Trial Court is affirmed and the case remanded for determination of the compensation due the property owner for the taking.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Judge Harold Wimberly, Jr. |
Knox County | Court of Appeals | 07/19/00 | |
| State vs. Jeffery Leon Medley
M1998-00439-CCA-R3-CD
The appellant, Jeffrey Leon Medley, appeals his sentence of eleven months and twenty-nine days incarceration imposed by the Warren County Circuit Court pursuant to the appellant's conviction of improper influence of a juror. Following a review of the record and the parties' briefs, we dismiss this appeal.
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:Charles D. Haston, Sr. |
Warren County | Court of Criminal Appeals | 07/19/00 | |
| State of Tennessee v. Arnold L. Jones
II-1-98-353
Originating Judge:Timothy L. Easter |
Williamson County | Court of Criminal Appeals | 07/19/00 | |
| Travis Plummer vs. State
M1999-01406-CCA-R3-PC
The petitioner, Travis Plummer, was convicted by a jury in the Criminal Court of Davidson County of one count of rape of a child, and subsequently also pled guilty to one count of rape. The trial court sentenced the petitioner to twenty years incarceration in the Tennessee Department of Correction for rape of a child and to twelve years incarceration for rape. The trial court further ordered that the petitioner's sentences be served consecutively. In this post conviction proceeding, the petitioner raises the following issue(s) for review: whether the petitioner was denied his constitutional rights at trial and at the plea proceeding when his counsel(s) failed to investigate and evaluate his competency to stand trial and to plead guilty. Upon review of the record and the parties' briefs, we affirm the judgment of the post-conviction court.
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:Seth W. Norman |
Davidson County | Court of Criminal Appeals | 07/19/00 | |
| State vs. Jere Joseph
W1999-00651-CCA-R3-PC
The petitioner, Jere Lowell Joseph, Jr., appeals two post-conviction cases, claiming that the trial court erred in holding that the petitioner received the effective assistance of counsel in both cases. We affirm the trial court.
Authoring Judge: Presiding Judge Joseph M. Tipton
Originating Judge:J. Steven Stafford |
Dyer County | Court of Criminal Appeals | 07/19/00 | |
| State vs. Barry Waters Rogers
M1999-01389-CCA-R3-CD
The appellant, Barry Waters Rogers, appeals his conviction by a jury in the Giles County Circuit Court of driving under the influence of an intoxicant. On appeal, the appellant challenges the sufficiency of the underlying indictment. Following a review of the record and the parties' briefs, we affirm the judgment of the trial court.
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:Robert L. Jones |
Giles County | Court of Criminal Appeals | 07/19/00 | |
| State ex rel Graham vs. Cherry
M1999-01623-COA-R3-CV
669. The trial court granted child support from the time of the filing of the petition. However, the court denied retroactive support on the basis of the delay of the State of Tennessee in filing the petition finding that such a judgment would be burdensome to the respondent, David R. Cherry, Jr., the father of the children. The State of Tennessee appeals, and we reverse and remand on the issue of retroactive child support.
Authoring Judge: Judge William B. Cain
Originating Judge:Muriel Robinson |
Davidson County | Court of Appeals | 07/19/00 | |
| State vs. James Eric Alder
M1999-02544-CCA-R3-CD
The appellant, James Eric Alder, was convicted by a jury in the Criminal Court for Sequatchie County of one count of aggravated robbery, a class B felony. The trial court sentenced the appellant, as a Range I offender, to ten years incarceration in the Tennessee Department of Correction and assessed a fine of $25,000. The appellant raises the following issue(s) for review: whether the trial court erred in refusing to charge the jury as to aggravated assault, assault, and theft as lesser-included offenses of aggravated robbery. Upon review of the record and the parties' briefs, we affirm the judgment of the trial court.
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:Thomas W. Graham |
Sequatchie County | Court of Criminal Appeals | 07/19/00 | |
| State of Tennessee v. James E. Mathis
II-1098-328-C
Originating Judge:Timothy L. Easter |
Williamson County | Court of Criminal Appeals | 07/19/00 | |
| Tarif vs. Bullion, et al
M1999-00475-COA-R3-CV
Petitioner, a state prisoner, appeals the action of the trial court in dismissing under Tennessee Rule of Civil Procedure 12.02(6) his civil rights complaint. We affirm.
Authoring Judge: Judge William B. Cain
Originating Judge:Donald P. Harris |
Hickman County | Court of Appeals | 07/19/00 | |
| Hope Cobb v. Advantage Manufacturing Corporation
W1999-01147-WC-R3-CV
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court pursuant to 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 employee, Hope Cobb, insists that the trial court erred in dismissing her claim at the conclusion of a bench trial on the grounds that she failed to carry the burden of proof that she had given proper notice of her injury to her employer, Advantage Manufacturing Corporation. The employer moves that we find this appeal to be frivolous and grant attorney fees and expenses incurred as a result of this appeal. For the reasons stated in this opinion, We affirm the judgment of the trial court.
Authoring Judge: Weatherford, Sr. J.
Originating Judge:George R. Ellis, Chancellor |
Crockett County | Workers Compensation Panel | 07/19/00 | |
| Beech vs. Hibbett
M1997-00239-COA-R3-CV
This appeal involves a dispute over the proceeds from the Department of Transportation's condemnation of a portion of a tract of real property on Harding Road in Davidson County. When the condemnation took place, a life tenant was occupying the property with a vested remainder interest being held by the life tenant's stepdaughter. Following a disagreement over who should receive the condemnation proceeds, the life tenant's stepdaughter filed suit in the Chancery Court for Davidson County. After the State paid the proceeds into court, the trial court awarded the proceeds to the stepdaughter on the condition that she invest them and share the investment income equally with her stepmother for the duration of the life tenancy. The life tenant has appealed. We have determined that the trial court erred by awarding the condemnation proceeds to the life tenant's stepdaughter and, therefore, reverse the judgment.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Carol L. Mccoy |
Davidson County | Court of Appeals | 07/19/00 | |
| Davis vs. TN Bd. of Paroles
M2000-00668-COA-R3-CV
This is another in a series of cases filed by a certain prison inmate, Ronald L. Davis, this time seeking the issuance of a common law writ of certiorari on the basis that the Tennessee Board of Probation and Parole improperly refused to grant him early release. The board cited the seriousness of the offense for which he was convicted as the basis for its decision and moved for dismissal of the petition or alternatively for summary judgment. The trial court held this suit to be barred by Tennessee Code Annotated section 41-21-812 which prohibits the filing of subsequent lawsuits by inmates who have unpaid costs related to previous suits. The trial court dismissed this case under Tennessee Code Annotated section 41-21-812 and on the basis that the Petition for Writ of Certiorari failed to state a claim upon which relief could be granted. We affirm.
Authoring Judge: Judge William B. Cain
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 07/19/00 | |
| Karen Garrett Humphries v. David Alison Humphries
E1999-02694-R3-CV
Originating Judge:Jean A. Stanley |
Washington County | Court of Appeals | 07/18/00 | |
| William Andrew Dixon vs. Flora J. Holland, Warden
M1999-02494-CCA-R3-PC
William Andrew Dixon was convicted of kidnapping for ransom in violation of Tennessee Code Annotated section 39-2603 in April 1981 in the Circuit Court of Dickson County. The offense was committed in April 1978. Between the time of the offense in 1978, and the time of trial in 1981, kidnapping for ransom was redesignated by the legislature as the offense of aggravated kidnapping; the maximum punishment was reduced by the legislature from life imprisonment without parole to life imprisonment with the possibility of parole. The Tennessee Department of Correction maintains that it is incarcerating Petitioner under a sentence of life imprisonment without the possibility of parole. Petitioner filed a Petition for Writ of Habeas Corpus in the Criminal Court of Davidson County, asserting the judgment is illegal and void. The petition was denied. The judgment is affirmed.
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Seth W. Norman |
Davidson County | Court of Criminal Appeals | 07/18/00 | |
| Henry Eugene Hodges vs. State
M1999-00516-CCA-R3-PD
The appellant, Henry Eugene Hodges, seeks post-conviction relief from his 1992 first degree murder conviction and sentence of death. The Davidson County Criminal Court denied the appellant's petition and this appeal was taken. This court is presented with the following issues: (1) the effectiveness of trial counsel; (2) the post-conviction court's failure to provide funds for expert services; and (3) the post-conviction court's denial of a continuance and refusal to bifurcate the post-conviction evidentiary hearing. Following review of the record, we conclude (1) the appellant was not denied the effective assistance of counsel; (2) the post-conviction court properly denied the appellant's request for funds for additional expert services; and (3) the post-conviction court properly denied the appellant's request for a continuance of the evidentiary hearing. Accordingly, we affirm the post-conviction court's finding that the appellant is not entitled to post-conviction relief.
Authoring Judge: Judge David G. Hayes
Originating Judge:Walter C. Kurtz |
Davidson County | Court of Criminal Appeals | 07/18/00 | |
| Robert B. Clark v. State of Tennessee
W2007-01440-CCA-R3-PC
Authoring Judge: Judge David G. Hayes
Originating Judge:Lee V. Coffee |
Shelby County | Court of Criminal Appeals | 07/18/00 | |
| Ronald Bradford Waller vs. State
E1999-02034-CCA-R3-PC
The petitioner was convicted in the Hamilton County Criminal Court in 1992 of first degree murder, especially aggravated robbery, and theft over $1,000, receiving an effective sentence of life plus twenty-three years. The convictions and sentences were affirmed on direct appeal in 1993; and the petitioner subsequently filed a petition for post-conviction relief, presenting as issues, whether there was a variance between the indictment and the proof, whether he was improperly compelled to participate in a courtroom demonstration, whether he received ineffective assistance of counsel at trial and on direct appeal, whether his convictions constitute double jeopardy, whether the trial court erred in evidentiary rulings, whether he was improperly convicted because of prosecutorial misconduct or cumulative errors at the trial, and whether his convictions amount to a miscarriage of justice. Finding no error, we affirm the judgment of the trial court denying the petition for post-conviction relief.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Douglas A. Meyer |
Hamilton County | Court of Criminal Appeals | 07/18/00 | |
| Ann Phillips v. Marvin Windows
W1999-02243-WC-R3-CV
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, Marvin Windows (Marvin), appeals the judgment of the Lauderdale Chancery Court awarding the plaintiff, Ann Phillips (Phillips), permanent partial disability of seventeen percent (17%) to the body as a whole.
Authoring Judge: William Michael Maloan, Special Judge
Originating Judge:Martha B. Brasfield, Chancellor |
Lauderdale County | Workers Compensation Panel | 07/18/00 |