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| Nancy Bloom vs. Douglas Bloom
W1998-00365-COA-R3-CV
This is a divorce case. The parties were married for eighteen years and had a fifteen year old son. The wife was granted the divorce. The wife was awarded, inter alia, the marital home and the equity in it, 60% of the value of various financial assets, her automobile, and various household furnishings. Custody of the parties' son was awarded to the wife, and the husband was granted supervised visitation. The husband was ordered to pay child support. The wife was awarded 60 months of rehabilitative alimony, with the rate of rehabilitative alimony to increase when the husband's child support obligation ends. The wife's request for attorney's fees was denied. The husband appeals the division of the marital property and the amount of rehabilitative alimony awarded. The wife appeals the denial of her request for attorney's fees. We affirm, finding that the preponderance of the evidence supports the trial court's division of the marital property, the award of alimony, and the denial of the wife's request for attorney's fees.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Kay S. Robilio |
Shelby County | Court of Appeals | 09/14/00 | |
| Levenhagen vs. Levenhagen
M1998-00967-COA-R3-CV
Husband appeals the trial court's refusal to vacate its order divorcing the parties, claiming the order is void because it failed to include an affirmative finding that the parties made adequate provision by written agreement for the custody and maintenance of their children. In addition, Husband contends that the trial court violated his due process rights by suspending his visitation with the couple's children until he received counseling, and then ordering supervised visitation. He also maintains that the trial court improperly based its finding that he was guilty of criminal contempt for failure to pay child support on insufficient evidence. Husband claims he was entitled to a jury trial on the contempt issue. We affirm the trial court in all respects.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Lee Russell |
Lincoln County | Court of Appeals | 09/14/00 | |
| State vs. Retha Smith
W1999-00607-CCA-R3-CD
The defendant appeals her jury conviction and sentence for possession of a Schedule II controlled substance with the intent to manufacture, sell or deliver. She received a sentence of three years with one year to be served in confinement and the remainder to be served on community corrections. The defendant raises the following issues for review: (1) whether the evidence is insufficient to sustain her conviction; (2) whether the prosecuting attorney made improper remarks during his closing argument; and (3) whether her sentence is excessive. Upon a review of the record, we affirm the judgment of the trial court but remand for the assessment of the fine.
Authoring Judge: Judge Joe G. Riley
Originating Judge:Julian P. Guinn |
Henry County | Court of Criminal Appeals | 09/14/00 | |
| Edgar/Mary Mulrooney vs. Town of Collierville
W1999-01474-COA-R3-CV
This appeal arises from a quo warranto action filed by the Mulrooneys ("Property Owners") on behalf of residents of subdivisions annexed by Collierville ("Town"). Property Owners claimed that Town did not meet the statutory requirements needed to annex the subdivisions. The jury returned a verdict on behalf of Town, finding that the annexation was proper. Thereafter, Property Owners filed a motion for new trial which was denied by the court. Property Owners appeal.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Walter L. Evans |
Shelby County | Court of Appeals | 09/14/00 | |
| Henderson vs. Henderson
M1999-00912-COA-R3-CV
This appeal involves a dispute over the Trial Court's valuation and division of marital property in this divorce action. Mrs. Henderson contends that the Trial Court undervalued the marital business, Quality Systems, Inc. Additionally, Mrs. Henderson asserts the Trial Court erred in dividing the marital assets and liabilities, denying alimony and attorney's fees and in ordering her to refund alimony pendente lite payments. We affirm the Trial Court's order, except for the denial of alimony. We vacate the Trial Court's determination on the issue of alimony and remand for a determination of the proper type and amount of alimony to be awarded to Mrs. Henderson.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Donald P. Harris |
Williamson County | Court of Appeals | 09/14/00 | |
| State of Tennessee v. Marcus Askew
98-07544-45-46
Originating Judge:Joseph B. Dailey |
Shelby County | Court of Criminal Appeals | 09/14/00 | |
| State vs. James Starnes
W1999-01854-CCA-R3-PC
The petitioner appeals from a denial of post-conviction relief, claiming his trial counsel rendered ineffective assistance. We conclude the record is insufficient for proper appellate review. Thus, we remand to the trial court for an additional hearing.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Julian P. Guinn |
Henry County | Court of Criminal Appeals | 09/14/00 | |
| Henderson vs. Henderson
M1999-00912-COA-R3-CV
This appeal involves a dispute over the Trial Court's valuation and division of marital property in this divorce action. Mrs. Henderson contends that the Trial Court undervalued the marital business, Quality Systems, Inc. Additionally, Mrs. Henderson asserts the Trial Court erred in dividing the marital assets and liabilities, denying alimony and attorney's fees and in ordering her to refund alimony pendente lite payments. We affirm the Trial Court's order, except for the denial of alimony. We vacate the Trial Court's determination on the issue of alimony and remand for a determination of the proper type and amount of alimony to be awarded to Mrs. Henderson.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Donald P. Harris |
Williamson County | Court of Appeals | 09/14/00 | |
| State vs. Matthew Leonard & Bernie Evans
E1999-02724-CCA-R3-CD
The appellants, Matthew W. Leonard and Bernie J. Evans, each pled guilty in the Criminal Court for Washington County to three counts of kidnapping, a class C felony, three counts of aggravated assault, a class C felony, one count of escape, a class E felony, and one count of theft over $10,000, a class C felony. The appellants requested that the trial court grant them full probation. After a probation hearing, the trial court denied the appellants' request. The appellants present the following issue for our review: whether the trial court erred in denying the appellants full probation. After 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:Lynn W. Brown |
Washington County | Court of Criminal Appeals | 09/14/00 | |
| State vs. Donaven Brown
W1999-00629-CCA-R3-CD
The defendant and the victim were both maximum security inmates at the Corrections Corporation of America facility in Clifton, Tennessee. After the victim, his hands and feet restrained, had been released from his cell to use a telephone, the defendant asked to be released from his cell take a shower. After his hands, but not his feet had been restrained, he pushed a correctional officer aside and ran from his cell, confronting the victim near the telephones. "Bad blood" had existed between the victim and the defendant, both of whom had armed themselves that day with shanks, or homemade prison knives. The victim received six knife stab wounds, two of which were potentially fatal. The defendant was then charged with first degree murder and felony possession of a weapon in a penal institution and, following his convictions of both offenses, sentenced to life without parole and three years, respectively, the sentences to be served concurrently. He timely appealed, presenting as issues whether the trial court erred in allowing proof that he had asserted his right to remain silent and requested an attorney and whether the evidence was sufficient to sustain the conviction for first degree murder. Based upon our review, we affirm the judgment of the trial court.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Joseph H. Walker, III |
Tipton County | Court of Criminal Appeals | 09/14/00 | |
| State vs. Edward Mitchell
W1999-01314-CCA-R3-CD
The defendant, Edward Mitchell, appeals as of right from his conviction by a jury in the Shelby County Criminal Court for two counts of aggravated assault, a Class C felony. His sole issue on appeal is whether the trial court erred by denying him a continuance because of the unavailability of a witness. After a review of the record, we reverse the judgment of the trial court and remand for a new trial.
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Carolyn Wade Blackett |
Shelby County | Court of Criminal Appeals | 09/13/00 | |
| State vs. Ronnie Bradfield
W1999-02344-CCA-R3-PC
Petitioner, Ronnie Bradfield, was convicted by a jury in the Shelby County Criminal Court of three counts of attempt to commit second degree murder, which this Court affirmed on direct appeal. Petitioner subsequently filed a pro se petition together with an amended and supplemental petition for post-conviction relief alleging, primarily, ineffective assistance of counsel. The post-conviction judge denied relief following an evidentiary hearing which took place over numerous days. Petitioner now appeals the judgment of the post-conviction court denying his petition. We affirm.
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:James C. Beasley, Jr. |
Shelby County | Court of Criminal Appeals | 09/13/00 | |
| State vs. Willie Boyland
W1999-00634-CCA-R3-CD
Following a jury trial in the Hardeman County Circuit Court, Defendant was convicted of the offense of casual exchange of marijuana. On appeal, Defendant challenges the sufficiency of the evidence to sustain the conviction. He also asserts that the trial court erred by prohibiting Defendant from questioning a state witness about a civil warrant and judgment against the witness and that the trial court erred by overruling his objection to the State eliciting testimony from its primary witness regarding the witness' employment. We have reviewed the record on appeal and the briefs of the parties and find no reversible error. Accordingly, the judgment of the trial court is affirmed.
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Jon K. Blackwood |
Hardeman County | Court of Criminal Appeals | 09/13/00 | |
| State vs. Henry Marshall Jr.
W1999-01159-CCA-R3-CD
Defendant Henry Marshall, Jr. was convicted of reckless aggravated assault following a jury trial in the Madison County Circuit Court. After a sentencing hearing, the trial court sentenced Defendant as a Range I Standard Offender to a term of two years, with the Defendant to serve eleven months and twenty-nine days in the local jail, and the remaining one year and one day on supervised probation. The Defendant challenges his conviction and his sentence, raising the following issues: (1) whether the trial court erred in denying Defendant's request for an instruction on self-defense, (2) whether the trial court erred in denying Defendant's request for an instruction on the lesser-included offense of simple assault and (3) whether the trial court correctly sentenced the defendant. After a review of the record, we affirm the judgment of the trial court as modified herein.
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Roy B. Morgan, Jr. |
Madison County | Court of Criminal Appeals | 09/13/00 | |
| State vs. James M. Loveday
E1999-02072-CCA-R3-CD
Following a jury trial, Defendant, James M. Loveday, was convicted of one count of attempted first degree murder, four counts of aggravated assault, and two counts of reckless endangerment. The trial court sentenced him to twenty-five (25) years for the attempted first degree murder conviction, six (6) years for each of the four aggravated assault convictions, and two (2) years for each of the reckless endangerment convictions. The sentences were ordered to be served consecutively to each other for a total sentence of fifty-three (53) years. On appeal, he challenges the sufficiency of the evidence to sustain the convictions of attempted first degree murder and aggravated assault, and argues that the trial court erroneously admitted testimony of prior bad acts, improperly considered victim impact letters in the presentence report, and argues that the sentences are excessive and that the trial court erred by ordering consecutive sentencing. After a review of the record, we affirm the judgment of the trial court as modified herein.
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Richard R. Vance |
Sevier County | Court of Criminal Appeals | 09/13/00 | |
| State vs. John Palmer
W1999-01310-CCA-R3-CD
Defendant, John David Palmer, was convicted of voluntary manslaughter and especially aggravated robbery following a jury trial in Gibson County Circuit Court. He was sentenced to serve three years for voluntary manslaughter and twenty years for especially aggravated robbery with the sentences to be served concurrent with each other. He does not appeal the voluntary manslaughter conviction or sentence. However, regarding the conviction for especially aggravated robbery, Defendant challenges the sufficiency of the evidence to support the conviction and argues that the trial court committed reversible error by not instructing the jury on the lesser-included offense of theft and unauthorized use of a vehicle, i.e., joyriding. After review, we reverse and remand for a new trial on the offense of especially aggravated robbery.
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Dick Jerman, Jr. |
Gibson County | Court of Criminal Appeals | 09/13/00 | |
| Johnny L. Frye v. Athens Products
03S01-9904-CV-00043
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. Review of the findings of fact made by the trial court is de novo upon the record of the trial court, accompanied by a presumption of the correctness of the finding, unless the preponderance of the evidence is otherwise. TENN. CODE ANN. _ 5-6-225(e)(2); Stone v. City of McMinnville, 896 S.W.2d 548, 55 (Tenn. 1995). The application of this standard requires this Court to weigh in more depth the factual findings and conclusions of the trial courts in workers' compensation cases. See Corcoran v. Foster Auto GMC, Inc., 746 S.W.2d 452, 456 (Tenn. 1988). The plaintiff appeals from the trial court finding that he had failed to show by a preponderance of the evidence that he had sustained an injury arising out of and in the course of his work. We affirm the judgment of the trial court. There is little need to go into significant detail concerning the facts in this case. There are significant discrepancies between the testimony of the plaintiff at trial and in the statements he made to medical providers concerning whether he sustained an injury on June 1, 1998, or whether he experienced pain on the prior Sunday while walking in the mall, or whether he sustained an injury at work on June 2nd. The plaintiff gave the only evidence concerning an alleged accidental injury. The determination of the trial judge was, by necessity, based upon his assessment of the evidence and his ruling based upon the testimony of the plaintiff. The trial court found that the plaintiff did not tell the defendant of any work- related accident until June 28th but found that he did notify the physician and especially the nurse practitioner on June 2nd that he sustained a work-related injury on June 1. The court found this unusual and ruled that the two histories cancelled out each other, thus causing the plaintiff to fail in carrying his burden of proof. 2
Authoring Judge: John K. Byers, Senior Judge
Originating Judge:Hon. John B. Hagler |
Knox County | Workers Compensation Panel | 09/13/00 | |
| Michael Alger vs. Corrections Corp.
W2000-00500-COA-R3-CV
An inmate sued Corrections Corporation of America and various individuals alleging failure to provide dental and medical care. The trial court dismissed the complaint for failure to state a claim upon which relief can be granted. The judgment of the trial court is reversed in part and affirmed in part.
Authoring Judge: Judge David R. Farmer
Originating Judge:Jon Kerry Blackwood |
Hardeman County | Court of Appeals | 09/13/00 | |
| State vs. Joshua Dailey
E1999-01342-CCA-R3-CD
The Defendant, Joshua Dailey, pled guilty to two counts of the Class E felony offense of violation of the Habitual Motor Vehicle Offender Act. The trial court sentenced Defendant to two years for each conviction, to be served consecutively. Furthermore, the trial court ordered the first sentence to be served in split confinement, with 300 days incarceration in the county jail followed by placement in Community Corrections. The Defendant appeals, challenging the length of the total effective sentence and arguing that he should serve the entire sentence in Community Corrections. We affirm the judgment of the trial court.
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:D. Kelly Thomas, Jr. |
Blount County | Court of Criminal Appeals | 09/13/00 | |
| State vs. Gilford Williams
W1999-01556-CCA-R3-CD
Authoring Judge: Judge Gary R Wade
Originating Judge:John Franklin Murchison |
Madison County | Court of Criminal Appeals | 09/12/00 | |
| Eddie Ray Harper v. Lockheed Martin Energy Systems,
E1999-01150-WC-R3-CV
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.
Authoring Judge: Thayer, Sp. J.
Originating Judge:James B. Scott, Jr., Judge |
Knox County | Workers Compensation Panel | 09/12/00 | |
| State vs. Mark Williams
W1999-01456-CCA-R3-CD
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.
Authoring Judge: Judge Gary R Wade
Originating Judge:Chris B. Craft |
Shelby County | Court of Criminal Appeals | 09/12/00 | |
| Jimmy Lee Pierce v. State of Tennessee
W2000-00630-CCA-R3-CD
Originating Judge:Jon Kerry Blackwood |
Fayette County | Court of Criminal Appeals | 09/12/00 | |
| State vs. Jack North
W1999-01301-CCA-R3-PC
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.
Authoring Judge: Judge David G. Hayes
Originating Judge:C. Creed Mcginley |
Hardin County | Court of Criminal Appeals | 09/12/00 | |
| State vs. Jenniefer Oakley
W1999-00850-CCA-R3-CD
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.
Authoring Judge: Judge David G. Hayes
Originating Judge:Bernie Weinman |
Shelby County | Court of Criminal Appeals | 09/12/00 |