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| State vs. Brentol Calvin James
M1999-02533-CCA-R3-CD
The appellant, Brentol Calvin James, was convicted by a jury in the Davidson County Criminal Court of one count of possession of a weapon during the commission of an offense, a class E felony. The trial court sentenced the appellant, as a Range I offender, to a one- year sentence of incarceration in the Davidson County Workhouse. The appellant raises the following issue for our review: whether the trial court erred in allowing a verdict to stand when there was insufficient evidence, as a matter of law, to support the conviction. Upon review of the record and the parties' briefs, we reverse the judgment of the trial court.
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:Seth W. Norman |
Davidson County | Court of Criminal Appeals | 09/20/00 | |
| American Indemnity vs. Foy Trailer
W2000-00397-COA-R3-CV
American Indemnity Company sought a declaratory judgment that its commercial general liability (CGL) policy did not cover claims made by Ms. Johnson against the Appellants in her federal court complaint and that it did not have a duty to defend Appellants in the federal action. The Chancery Court for Shelby County held that there was no coverage and no duty to defend. Appellants appealed. We affirm.
Authoring Judge: Judge David R. Farmer
Originating Judge:D. J. Alissandratos |
Shelby County | Court of Appeals | 09/20/00 | |
| State of Tennessee v. Anthony Layne
M1997-00025-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:Gerald L. Ewell, Sr. |
Coffee County | Court of Criminal Appeals | 09/20/00 | |
| Whittington-Barrett vs. Johnson
E2000-00700-COA-R3-CV
This is a suit between two inmates of the State of Tennessee. The Plaintiff, a transsexual, seeks a declaratory judgment "to establish the rights of the Plaintiff," and damages, attorney fees and costs against the Defendant because of sexual harassment. The cause of action alleges violation of various sections of the Constitutions of the State of Tennessee and the United States of America and of the Civil Rights Act of 1964. The Trial Judge dismissed the complaint because there was "no claim of state action in Plaintiff's complaint, nor is this an employer/employee situation." We affirm.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Jean A. Stanley |
Johnson County | Court of Appeals | 09/20/00 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
Originating Judge:William Charles Lee |
Bedford County | Court of Criminal Appeals | 09/20/00 | |
| State vs. Elizabeth Davis
E1999-00373-CCA-R3-CD
The appellee, Elizabeth Davis, was indicted by a Unicoi County Grand Jury on November 20, 1995, for four counts of theft of property. On March 2, 1999, the State submitted a motion to the trial court to amend the indictment to correct the dates of the offenses set forth in all counts of the indictment and to reduce the value of the money alleged stolen in Count Four of the indictment. Following a hearing, the trial court denied the State's motion, whereupon the State requested the entry of an order of nolle prosequi as to all counts of the indictment. Instead, at the appellee's request, the trial court dismissed the indictment with prejudice pursuant to Tenn. R. Crim. P. 48(b). The State now brings this appeal as of right challenging both the trial court's dismissal of the indictment with prejudice and the trial court's denial of its motion to amend the indictment. Following a review of the record and the parties' briefs, we reverse the order of dismissal and remand this case for proceedings consistent with this opinion.
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:Robert E. Cupp |
Unicoi County | Court of Criminal Appeals | 09/19/00 | |
| State vs. Warner Powell and Charlie Stokes
M1999-00661-CCA-R3-CD
This is an appeal as of right by the State of Tennessee, which argues that the trial court erred by suppressing the evidence obtained against the Defendants pursuant to a search warrant. The State asserts that the trial court incorrectly concluded that the search warrant was invalid because the agent who provided the information in the affidavit establishing probable cause to search did not have the authority to execute the warrant or arrest the Defendants. In response, the Defendants assert that the State's notice of appeal was not timely filed, and they argue that the evidence was properly suppressed because the agent did not have the authority to obtain or execute the search warrant and because the affidavit did not establish the veracity of the confidential informant. We conclude that the State's notice of appeal was not timely filed, but we will consider the appeal in the interest of justice. We further conclude that the search warrant was valid; thus the trial court erred by suppressing the evidence obtained pursuant to the warrant. Accordingly, the trial court's order suppressing the evidence is reversed, and this case is remanded for further proceedings consistent with this opinion.
Authoring Judge: Judge David H. Welles
Originating Judge:Robert W. Wedemeyer |
Montgomery County | Court of Criminal Appeals | 09/19/00 | |
| State vs. Scarlett Rose Bender
M2000-1070-CCA-R3-CD
The Defendant pleaded nolo contendere to possessing with the intent to sell or deliver over one hundred pounds of marijuana, which is a Class B felony. Sentencing was left to the discretion of the trial court. Following a sentencing hearing, the trial judge sentenced the Defendant to eight years in the Department of Correction. On appeal, the Defendant argues that she should have been sentenced as an especially mitigated offender and that she should have been allowed to serve her sentence on probation. We affirm the judgment of the trial court.
Originating Judge:Allen W. Wallace |
Dickson County | Court of Criminal Appeals | 09/19/00 | |
| State vs. Richard C. Silk
M1999-02526-CCA-R3-CD
The appellant, Richard C. Silk, was convicted by a jury in the Rutherford County Circuit Court of one count of resisting arrest, a class B misdemeanor. The trial court sentenced him to six (6) months incarceration in the Rutherford County Jail, assigning a service percentage of seventy-five percent (75%). The appellant now presents the following issues for our review: (1) whether the evidence adduced at trial is sufficient to support the appellant's conviction of resisting arrest; (2) whether the trial court erred in sustaining certain objections by the State to the appellant's testimony concerning a statement made to him by an arresting officer; and (3) whether the trial court erred in sentencing the appellant. Following a thorough review of the record and the parties' briefs, we affirm the judgment of the trial court.
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:J. Steve Daniel |
Rutherford County | Court of Criminal Appeals | 09/19/00 | |
| James C. Barbra v. Clarendon National Insurance
E1999-00232-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 appellant, Clarendon National Insurance Company, is the workers' compensation insurance carrier for United Marine Corporation (hereafter "the employer"). The issue is whether an award of 62-1/2 percent partial disability to the body as a whole is excessive in light of the medical and vocational testimony. We affirm the judgment of the trial court.
Authoring Judge: Peoples, Sp. J.
Originating Judge:D. Kelly Thomas, Judge |
Knox County | Workers Compensation Panel | 09/19/00 | |
| Taylor Mehrhoff Co.
W1999-00413-COA-R3-CV
Plaintiffs, Landowners, sued adjoining landowners, seeking a judgment determining the location of a disputed boundary line. The trial court found that Defendants had: (1) established record title to the disputed property; (2) established the boundary line in recorded deeds and trust deeds, and by the conduct, implied agreement, acquiescence and recognition of adjoining property owners; and (3) proven title by adverse possession of the disputed property. Plaintiffs-Landowners have appealed.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Dewey C. Whitenton |
Fayette County | Court of Appeals | 09/19/00 | |
| Meredith Warren vs. John Warren
W1999-02108-COA-R3-CV
In this child custody case, the Appellant and the Appellee agreed to joint custody of their child with the Appellee being the primary custodial parent. After learning of the Appellee's plans to move out of state with the child, the Appellant filed a Petition for Opposition of Minor Child's Move from the State of Tennessee and/or Petition for Change of Custody. The trial court granted temporary custody to the Appellant pending a reevaluation of the matter. After a hearing, the trial court ordered joint custody of the child to the Appellant and the Appellee and decreed that the child live primarily with the Appellee out of state.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Walter L. Evans |
Shelby County | Court of Appeals | 09/19/00 | |
| James Rainey vs. Leslie Head
W2000-00504-COA-R3-CV
This is a case involving termination of parental rights. The Appellant executed a consent order terminating his parental rights to his child. Asserting that he executed the order under influence and duress by the Appellee and her family, the Appellant then filed a Petition to Vacate Order Terminating Parental Rights. The Juvenile Court of Shelby County dismissed the Appellant's Petition.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:George E. Blancett |
Shelby County | Court of Appeals | 09/19/00 | |
| State vs. Roderick Johnson
M1999-00605-CCA-R3-CD
A Davidson County jury convicted defendant of second degree murder. In this appeal as a matter of right, defendant challenges only the sufficiency of the evidence upon which the jury based his conviction. Our review of the record reflects sufficient evidence to support the jury's finding. Accordingly, we affirm the judgment of the trial court.
Authoring Judge: Judge Joe G. Riley
Originating Judge:J. Randall Wyatt, Jr. |
Davidson County | Court of Criminal Appeals | 09/19/00 | |
| State of Tennessee v. Connie Easterly
M2000-00077-CCA-R10-CO
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:Robert Steven Bebb |
Sequatchie County | Court of Criminal Appeals | 09/19/00 | |
| Donnie Johnson vs. Centex
W2000-00072-COA-R9-CV
This appeal arises from an injury by Worker who fell through a hole in the roof while working on a construction site. Worker brought suit against the Owner, the General Contractor and Builder, who through its construction of precast concrete panels had created the hole. The trial court granted Owner and General Contractor summary judgment on the basis that both were acting in the capacity of a general contractor and were thus exempt from suit under the workers' compensation statutes. Builder, even through it no longer had control of the area where Worker was injured, was denied summary judgment on the basis that OSHA regulations created a non-delegable duty to prevent injuries. We affirm the trial court's granting of summary judgment to Owner and General Contractor. We reverse the trial court's denial of summary judgment for Builder, finding that OSHA regulations do not create a duty for Builder.
Authoring Judge: Judge David R. Farmer
Originating Judge:William B. Acree |
Obion County | Court of Appeals | 09/19/00 | |
| State vs. William Lewis Houston
M1999-01430-CCA-R3-CD
Defendant was convicted by a Giles County jury of eight drug offenses and one count of aggravated assault. He received an effective sentence of seventy-two years. In this appeal, the defendant makes the following allegations: (1) the evidence was insufficient to support his convictions; (2) the trial court committed plain error by consolidating all nine indictments for trial; (3) the process of selecting the jury venire was unconstitutional; (4) the trial court improperly limited the defendant's cross-examination of the undercover agent; (5) the trial court erred by admitting into evidence transcripts of certain tape recorded conversations and failed to properly instruct the jury concerning the transcripts; and (6) the trial court erred in its sentencing determinations. We conclude the trial court improperly sentenced the defendant and reduce the sentences to an effective term of forty-six years. The judgments of the trial court are affirmed in all other respects.
Authoring Judge: Judge Joe G. Riley
Originating Judge:Jim T. Hamilton |
Giles County | Court of Criminal Appeals | 09/19/00 | |
| State vs. Lori A. Little
M1999-0858-CCA-R3-CD
The Defendant, Lori A. Little, was convicted of two counts of forgery, both Class E felonies. In this appeal as of right, she argues (1) that the trial court improperly denied her the court's subpoena power prior to trial; (2) that the evidence was insufficient to support her convictions; (3) that the trial court improperly instructed the jury regarding NationsBank's obligations under the Uniform Commercial Code to reimburse customers for forgeries paid out of customers' accounts; (4) that the trial court improperly limited cross-examination of a prosecution witness regarding his bias; (5) that the jury was improperly tainted or biased by contact between a witness and a juror who were acquaintances; and (6) that the trial court intimidated the Defendant in a jury-out hearing during her direct examination at trial. We find no reversible error; thus, we affirm the judgment of the trial court.
Originating Judge:Walter C. Kurtz |
Davidson County | Court of Criminal Appeals | 09/19/00 | |
| Trau-Med vs. Allstate
W1999-01524-COA-R3-CV
Plaintiff medical clinic filed a complaint against an insurance company and several of its employees alleging, inter alia, that the defendants tortiously interfered with their business relationship, that the attorneys supplied by the insurance company to represent its insured were guilty of abuse of process and that the defendants conspired to destroy plaintiff's reputation in business. The trial court dismissed the complaint for failure to state a claim upon which relief can be granted. Plaintiff has appealed.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Robert L. Childers |
Shelby County | Court of Appeals | 09/19/00 | |
| State vs.Robert Lewis Herrin
M1999-00856-CCA-R3-CD
The appellant, Robert Lewis Herrin, pled guilty in the Marshall County Circuit Court to one count of theft of property worth one thousand dollars ($1,000) or more but less than ten thousand dollars ($10,000), a class D felony. The trial court sentenced the appellant as a Range I offender to three years incarceration in the Tennessee Department of Correction, suspending all but 120 days of the appellant's sentence and granting him supervised probation for a term of ten years. As a special condition of probation, the trial court prohibited the appellant from engaging in "any type [of] construction business or solicitation for business." In this appeal, the appellant argues that the trial court erred in imposing this special condition of probation. Following a review of the record and the parties' briefs, we affirm the judgment of the trial court as modified.
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:W. Charles Lee |
Marshall County | Court of Criminal Appeals | 09/19/00 | |
| State vs. Elizabeth Davis
E1999-00373-CCA-R3-CD
The appellee, Elizabeth Davis, was indicted by a Unicoi County Grand Jury on November 20, 1995, for four counts of theft of property. On March 2, 1999, the State submitted a motion to the trial court to amend the indictment to correct the dates of the offenses set forth in all counts of the indictment and to reduce the value of the money alleged stolen in Count Four of the indictment. Following a hearing, the trial court denied the State's motion, whereupon the State requested the entry of an order of nolle prosequi as to all counts of the indictment. Instead, at the appellee's request, the trial court dismissed the indictment with prejudice pursuant to Tenn. R. Crim. P. 48(b). The State now brings this appeal as of right challenging both the trial court's dismissal of the indictment with prejudice and the trial court's denial of its motion to amend the indictment. Following a review of the record and the parties' briefs, we reverse the order of dismissal and remand this case for proceedings consistent with this opinion.
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:Robert E. Cupp |
Unicoi County | Court of Criminal Appeals | 09/19/00 | |
| State vs. Bobbie Joe Rollins
M1999-02457-CCA-R3-CD
The defendant was convicted by a Marshall County jury of reckless aggravated assault and sentenced by the trial court to ten years imprisonment as a Range III offender. In this appeal as a matter of right, the defendant claims the conflict between the trial court's erroneous written jury instruction requiring proof of venue in "Lincoln County," and the oral instruction requiring proof of venue in "Marshall County," requires reversal. After a through review of the record, we conclude that the issue has been waived. Furthermore, regardless of waiver, any error in the written jury instruction was clearly harmless. Therefore, we affirm the judgment of the trial court.
Authoring Judge: Judge Joe G. Riley
Originating Judge:W. Charles Lee |
Marshall County | Court of Criminal Appeals | 09/19/00 | |
| State vs. Bernard Jerome Jones
M2000-00018-CCA-R3-CD
The defendant was convicted by a Davidson County jury of possession with intent to sell or deliver 0.5 grams or more of cocaine. The trial court sentenced defendant to 16 years incarceration as a Range II multiple offender. In this appeal as a matter of right, defendant makes the following allegations of error: (1) the evidence was insufficient to support a finding of guilt; (2) the trial court erred by ruling that if defendant testified, the state could impeach his credibility by introducing defendant's prior drug convictions; and (3) the trial court erred in sentencing defendant to 16 years incarceration. After a thorough review of the record, we affirm the judgment of the trial court.
Authoring Judge: Judge Joe G. Riley
Originating Judge:Cheryl A. Blackburn |
Davidson County | Court of Criminal Appeals | 09/19/00 | |
| Stanley Kline vs. William Benefiel
W1999-00918-COA-R3-CV
This case arises from a home construction contract entered into by the Appellants and the Appellees. The Appellants filed a complaint against the Appellees in the Circuit Court of Shelby County for breach of contract. The Appellees filed a counter-complaint for breach of contract and unjust enrichment. The Appellants filed an amended complaint for violations of the Tennessee Consumer Protection Act. The trial court dismissed the Appellees' counter-complaint and found in favor of the Appellees as to the Appellants' complaint. The Appellants appeal from the order of the Circuit Court of Shelby County, finding in favor of the Appellees. For the reasons stated herein, we affirm the trial court's decision.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Jon Kerry Blackwood |
Shelby County | Court of Appeals | 09/18/00 | |
| State vs. Larry Burks
E1999-00571-CCA-R3-CD
The mobile home, which was the residence of the defendant and his wife, was searched, pursuant to a search warrant, and certain illegal substances were found. The defendant filed a motion to suppress, contesting the adequacy of the description of the place to be searched. Following a hearing on the motion and the trial court's upholding the validity of the search warrant, the defendant entered a plea of guilty to a drug offense, reserving as certified questions of law the adequacy of the portion of the search warrant describing the place to be searched and whether the search warrant sufficiently established the reliability of the confidential informant. Based upon our review, we affirm the finding of the trial court that the description of the premises was adequate. Our consideration of the second certified question of law is waived because this issue was not pursued on appeal.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:J. Curtis Smith |
Bledsoe County | Court of Criminal Appeals | 09/18/00 |