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| Mary Schremp vs. David Schremp
W1999-01734-COA-R3-CV
Mother, the custodial parent of minor children, desired to relocate out of state to live with her new husband. Father protested the move and filed a petition in opposition. Finding that Mother's new husband could easily move to Memphis to live with his new family and that dislocating the children was not in their best interest, the trial court granted the petition. We affirm.
Authoring Judge: Judge David R. Farmer
Originating Judge:John R. Mccarroll, Jr. |
Shelby County | Court of Appeals | 09/21/00 | |
| State vs. Deborah Clark
W1999-00893-CCA-R3-CD
The defendant, Deborah Darlene Clark, was convicted by a Madison County jury of aggravated kidnapping, aggravated robbery, and criminal impersonation. In this appeal the defendant claims the evidence is insufficient to support the verdicts. The court finds the evidence clearly sufficient to support the convictions and thus affirms the judgment of the trial court.
Authoring Judge: Judge Jerry Smith
Originating Judge:Roger A. Page |
Madison County | Court of Criminal Appeals | 09/21/00 | |
| Stephenson vs. Carlton
E1998-00202-SC-R11-CD
We granted this appeal to determine whether the appellant's sentence of life without parole for first- degree murder was an illegal sentence and, if so, whether the appellant was entitled to habeas corpus relief. The trial court dismissed the petition for habeas corpus and the Court of Criminal Appeals affirmed. We conclude, and the State concedes, that the sentence of life without parole was not a statutorily authorized punishment at the time the appellant committed the offense of first-degree murder and that the illegal sentence was properly challenged in a habeas corpus petition. We reverse the judgment of the Court of Criminal Appeals and remand the case to the trial court for further proceedings.
Authoring Judge: Justice E. Riley Anderson
Originating Judge:Lynn W. Brown |
Johnson County | Supreme Court | 09/21/00 | |
| State of Tennessee v. Jerry Wayne Southerland
W1999-01083-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:William B. Acree |
Obion County | Court of Criminal Appeals | 09/21/00 | |
| Marvin Catron v. State of Tennessee
W2007-02408-CCA-R3-PC
Authoring Judge: Judge Alan E. Glenn
Originating Judge:John T. Fowlkes, Jr. |
Shelby County | Court of Criminal Appeals | 09/21/00 | |
| State vs. Eric Young
W2000-00057-CCA-R3-PC
In this appeal from the trial court's denial of his post-conviction petition, the petitioner argues that he received ineffective assistance of counsel and that his guilty plea was unknowing and involuntarily entered. We find no error in the trial court's denial of the post-conviction petition.
Authoring Judge: Judge John Everett Williams
Originating Judge:Roy B. Morgan, Jr. |
Madison County | Court of Criminal Appeals | 09/21/00 | |
| Eric Petty, a child
W2000-00907-COA-R3-CV
This case involves an appeal regarding the lower court's determination that Eric Dylan Petty was a delinquent child. In February 2000, a petition was filed with the Juvenile Court of Obion County alleging that Eric Dylan Petty committed the delinquent acts of aggravated assault and vandalism. The juvenile court determined that Petty was delinquent and ordered him committed to the Tennessee Department of Children's Services. After a de novo hearing, the circuit court also declared Petty delinquent based on the acts of aggravated assault and vandalism and affirmed Petty's commitment to the Department of Children's Services. This appeal followed.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:William B. Acree |
Obion County | Court of Appeals | 09/21/00 | |
| Wilson Pharmacy, Inc., vs. General Computer Corp.
E2000-00733-COA-R3-CV
The origin of this appeal is a complaint filed by Plaintiff Wilson Pharmacy, Inc., against Defendant General Computer Corporation, seeking damages for allegedly furnishing defective computer hardware and software programs pursuant to contracts entered into between the parties. The Trial Court found that the provision providing suit must be brought within one year after accrual of the action barred Wilson Pharmacy's claim. Wilson Pharmacy appeals, contending the contract they entered into was one of adhesion, rendering the contract limitation period ineffective. We affirm.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Thomas J. Seeley, Jr. |
Washington County | Court of Appeals | 09/21/00 | |
| International Deli/Caterers vs. Raymond/Kimberly Shields
W2000-00269-COA-R3-CV
This is a contract case. The defendants entered into a franchise agreement with the plaintiff to own and operate a franchise. After the defendants failed to make royalty payments for two months and then failed to make a note payment, the plaintiff filed suit alleging breach of contract. The defendants counter-claimed, alleging that the plaintiff breached the contract first by not operating a marketing fund mentioned in the franchise agreement and by not furnishing a sign provided for in the purchase agreement. At trial, the trial court allowed testimony by the plaintiff as to discussions, prior and subsequent to the signing of the agreements, in which he claimed that the parties had agreed upon different terms regarding the marketing fund and sign. The trial court found that the plaintiff had not breached the agreements by not maintaining the marketing fund or furnishing the sign, and that even if it were a breach, it was not a material breach. The defendants now appeal. We affirm.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:James F. Russell |
Shelby County | Court of Appeals | 09/21/00 | |
| State vs. Billy Hancock
W1999-01746-CCA-R3-CD
The defendant, Billy Hancock, pled guilty in Shelby County Criminal Court to vehicular homicide, vehicular assault, aggravated child endangerment, three (3) counts of child endangerment, and reckless driving. The trial court sentenced the defendant to serve twelve (12) years for vehicular homicide, four (4) years for vehicular assault, four (4) years for aggravated child endangerment, nine (9) months for each of the three (3) counts of child endangerment, and six (6) months for reckless driving. The court ordered that the sentences for vehicular homicide, vehicular assault, and each of the three counts of child endangerment were to be served consecutively to each other, and that the sentences for reckless driving and aggravated child endangerment were to be served concurrently with the sentence for vehicular homicide. The total effective sentence was eighteen (18) years and three (3) months. On appeal, this court affirms the imposition of consecutive sentences because the trial court properly found that the defendant was a dangerous offender and had an extensive criminal history.
Authoring Judge: Judge Jerry Smith
Originating Judge:Chris B. Craft |
Shelby County | Court of Criminal Appeals | 09/21/00 | |
| State vs. Hooper
M1997-00031-SC-R11-CD
The single issue in this appeal is whether the proof introduced at the sentencing hearing is sufficient to support a denial of probation based solely upon the need for deterrence. The Court of Criminal Appeals initially affirmed the sentence and held that proof of deterrence was not needed because drug use and possession cases are "deterrable per se." Upon the defendant's petition to rehear, however, the intermediate court reversed itself, holding that a "per se" rule of deterrence is inconsistent with the holding of this Court in State vs. Ashby, 823 S.W.2d 166 (Tenn. 1991). The State appealed to this Court. For the reasons given herein, we hold that the proof in this case is sufficient to justify denial of probation on the sole ground of deterrence. The judgment of the Court of Criminal Appeals granting an alternative sentence is reversed, and the defendant's original term of incarceration is reinstated.
Authoring Judge: Justice William M. Barker
Originating Judge:Allen W. Wallace |
Humphreys County | Supreme Court | 09/21/00 | |
| State of Tennessee v. Demetrius Levar Mcneil
W2000-00276-CCA-R3-CD
Originating Judge:Chris B. Craft |
Shelby County | Court of Criminal Appeals | 09/21/00 | |
| Betty L. Fox vs. Food Lion, Inc., Store #539
E1911-00015-COA-R3-CV
Betty L. Fox sued Food Lion, Inc., Store #539, seeking damages for personal injuries sustained when she fell in an aisle of the defendant's store. The trial court approved the jury's verdict for the plaintiff and entered judgment in her favor for $112,000. The defendant appeals, raising three issues, which we restate as follows: (1) whether there is material evidence that the defendant had actual or constructive notice of the allegedly dangerous condition that caused the plaintiff's fall; (2) whether the defendant owed a duty of care to the plaintiff; and (3) whether there is material evidence to support the jury's allocation of fault. We affirm.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Harold Wimberly |
Knox County | Court of Appeals | 09/21/00 | |
| Jerry Wayne Killion vs. Sandra Faye Sweat
E1999-02634-COA-R3-CV
In this post-divorce proceeding, the father of Dustin Lynn Killion filed a petition seeking the child's custody. The trial court denied the father's petition. The father appeals the trial court's determination that the proof fails to demonstrate a material change of circumstances warranting a change of custody. We reverse.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Robert M. Summitt |
Campbell County | Court of Appeals | 09/21/00 | |
| Brenda D. Estes, et al vs. Sandra H. Peels, et al
E1999-00582-COA-R3-CV
This case arises out of a motor vehicle accident that occurred when a vehicle exited a manufacturing plant's parking lot and collided with the plaintiff's vehicle on a public highway. Brenda D. Estes and her husband sued the owner of the plant for negligence. The trial court granted the plant owner summary judgment. We hold that, under the circumstances of this case, the plant owner did not owe a duty of care to the plaintiff and therefore affirm the grant of summary judgment.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Ben W. Hooper, II |
Jefferson County | Court of Appeals | 09/21/00 | |
| In Re: Paul's Bonding Company, Inc.
M1999-02528-CCA-R3-CD
The appellant, Paul's Bonding Company, Inc., appeals the judgments of the Davidson County Criminal Court ordering complete forfeiture of bail bonds in the cases of criminal defendants Carlos Ramon Ruiz and Castulo Morales Vasquez and partial forfeiture of the bail bond in the case of criminal defendant Reyes Castro. Following a review of the record and the parties' briefs, we affirm the judgments of the trial court.
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:J. Randall Wyatt, Jr. |
Davidson County | Court of Criminal Appeals | 09/20/00 | |
| State of Tennessee v. Beverly K. Meeks
M2000-00435-CCA-MR3-CD
Authoring Judge: Judge David H. Welles
Originating Judge:W. Charles Lee |
Marshall County | Court of Criminal Appeals | 09/20/00 | |
| Kenneth L. Storey vs. David J. Poss
E1999-00192-COA-R3-CV
Plaintiff/Appellant is an inmate at West Tennessee High Security Prison in Hennig, Tennessee, pursuant to a conviction for aggravated rape. Defendant, a Tennessee attorney, was appointed by the General Sessions Court to represent Plaintiff at a preliminary hearing on that charge. After that hearing, Plaintiff was bound over to the grand jury for trial. Plaintiff asked the Criminal Court to dismiss Defendant as his counsel and to appoint another attorney. The Criminal Court granted Plaintiff's request and appointed new counsel on April 18, 1996. On August 29, 1997, Plaintiff filed this legal malpractice action against Defendant in Chancery Court asking for damages of $730,000. Defendant filed a Motion for Summary Judgment asserting that there are no genuine issues of material fact and that the one-year statute of limitations for attorney malpractice claims bars Plaintiff's claim. The Chancellor granted Defendant's Motion for Summary Judgment and dismissed Plaintiff's Complaint. We affirm.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Daryl R. Fansler |
Knox County | Court of Appeals | 09/20/00 | |
| State vs. Peter George Crehan
M1999-02542-CCA-R3-CD
The defendant was convicted by a Robertson County jury of driving under the influence ("DUI"), third offense, and reckless driving. Defendant claims on appeal that the trial court erred by (1) sustaining his conviction for DUI, third offense, despite the indictment's failure to allege the specific court in Davidson County where he received his two prior DUI convictions; and (2) the evidence was insufficient to sustain his conviction for reckless driving. After a through review of the record, we affirm the judgment of the trial court.
Authoring Judge: Judge Joe G. Riley
Originating Judge:Robert W. Wedemeyer |
Robertson County | Court of Criminal Appeals | 09/20/00 | |
| State vs. Melissa Stearns
M1999-1826-CCA-R3-CD
The appellant, Melissa Ann Stearns, pled guilty in the Williamson County Circuit Court to one (1) count of reckless endangerment, a Class E felony, and one (1) count of evading arrest, a Class E felony. The trial court sentenced the appellant as a Range I offender to concurrent terms of two (2) years for each offense, suspended after service of thirty (30) days in the Williamson County Jail. On appeal, the appellant contends that the trial court erred in ordering her to serve thirty (30) days in jail. After thoroughly reviewing the record before this Court, we hold that, due to the seriousness of the offenses committed by the appellant, the trial court did not err in denying full probation. Therefore, the judgment of the trial court is affirmed.
Originating Judge:Timothy L. Easter |
Williamson County | Court of Criminal Appeals | 09/20/00 | |
| Ernestyne M. Webb v. Shoe City, Inc.,
W1998-00741-WC-R3-CV
This case involves a back injury sustained in 1995 by Ernestyne M. Webb, an employee of Shoe City, Incorporated. The employee brought suit against the employer and its insurer, The Traveler's Insurance Company. The trial court found that the employee had sustained a herniated disk at the L-4 level of her spine and suffered a 15 percent anatomical impairment rating as a result. The court awarded benefits based upon 67.5 percent disability to the body as a whole. The court also found that the employee was not returned to work and declined to apply the two and one-half (2.5) times cap in Tennessee Code Annotated _ 50-6-241(a). The defendants have presented the following issues on appeal: (1) whether the evidence preponderates against the trial court's finding that the plaintiff was not returned to work as required by Tennessee Code Annotated _ 50-6-241(a); and (2) whether the evidence preponderates against the court's finding that the plaintiff suffered a 15 percent anatomical impairment to the body as a whole. We find that we must affirm the trial court's judgment as modified.
Authoring Judge: F. Lloyd Tatum, Senior Judge
Originating Judge:Karen R. Williams, Judge |
Shelby County | Workers Compensation Panel | 09/20/00 | |
| State vs. James D. Brazelton
M1999-02477-CCA-R3-CD
The appellant, James D. Brazelton, was convicted by a jury in the Davidson County Criminal Court of one count of possession of marijuana, over 10 pounds but less than 70 pounds, with the intent to deliver, a class D felony. The trial court sentenced the appellant, as a Range II offender, to seven years incarceration in the Tennessee Department of Correction. The appellant raises the following issues for our review: (1) whether the jury's verdict was supported by the evidence; and (2) whether the sentence imposed by the trial court was excessive. 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:Cheryl A. Blackburn |
Davidson County | Court of Criminal Appeals | 09/20/00 | |
| State vs. Charles Ricky Deason
M2000-00497-CCA-R3-CD
The appellant, Charles Ricky Deason, pled guilty in the Montgomery County Circuit Court to one count of driving under the influence (hereinafter "DUI"), seventh offense; one count of leaving the scene of an accident; one count of driving on a revoked license, fourth offense; one count of DUI, second offense; and two counts of misdemeanor assault. The trial court sentenced the appellant to eleven months and twenty-nine days incarceration in the Montgomery County Jail for DUI, seventh offense. The trial court also sentenced the appellant to thirty days incarceration for leaving the scene of an accident, to be served concurrently with the sentence for DUI, seventh offense. Additionally, the trial court sentenced the appellant to an eleven month and twenty-nine day suspended sentence for driving on a revoked license, fourth offense, and ordered this sentence to be served consecutively to the DUI, seventh offense, and leaving the scene of an accident. The trial court further sentenced the appellant to eleven months and twenty-nine days incarceration, with ninety days to be served in incarceration and the remainder suspended, for the DUI, second offense, and ordered this sentence to be served consecutively to the DUI, seventh offense, and leaving the scene of an accident, and consecutively to the driving on a revoked license, fourth offense. Finally, the trial court sentenced the appellant to eleven months and twenty-nine days probation for each of the assault convictions and ordered these sentences to be served concurrently with each other, but consecutively to the other sentences. Subsequently, the appellant violated his probation by driving on a revoked license, violating the Light Law, and improper vehicle registration. The trial court revoked the appellant's probation and ordered the appellant to serve the remainder of his sentence in incarceration. The appellant presents the following issue for our review: whether the judgment of the trial court compelling the appellant to serve the full balance of his sentences in confinement was supported by the evidence. 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:John H. Gasaway, III |
Montgomery County | Court of Criminal Appeals | 09/20/00 | |
| State v. Charles Ray Allen
M1999-00818-CCA-R3-CD
The Defendant was convicted by a jury of first degree premeditated murder and criminal attempt to commit voluntary manslaughter. He was sentenced to life imprisonment for the murder, and to a consecutive four year term for the attempted manslaughter. In this appeal as of right, the Defendant challenges the sufficiency of the evidence; the trial court's exclusion of proof about the victim's prior violent conduct; the trial court's instruction to the jury about the penalties for first degree murder; and his sentencing. The judgment of the trial court is affirmed.
Authoring Judge: Judge David H. Welles
Originating Judge:J. Randall Wyatt, Jr. |
Davidson County | Court of Criminal Appeals | 09/20/00 | |
| State vs. James Edward Cowan
M1999-02572-CCA-R3-CD
Defendant was convicted by a Davidson County jury of attempted first degree murder, attempted especially aggravated robbery, and especially aggravated burglary. At sentencing his conviction for especially aggravated burglary was reduced to aggravated burglary. He was sentenced as a Range II offender to thirty-six years for the Class A felony of attempted first degree murder, sixteen years for the Class B felony of attempted especially aggravated robbery, and eight years for the Class C felony of aggravated burglary. The attempted first degree murder and attempted especially aggravated robbery sentences were run consecutively to each other, and the aggravated burglary sentence ran concurrently, for an effective fifty-two year sentence. In this appeal, defendant makes the following allegations: (1) the trial court erred in refusing to suppress the bullet which was removed from defendant during surgery; (2) the evidence was insufficient to support his conviction for attempted first degree murder; (3) his separate convictions for attempted first degree murder and aggravated burglary violate due process since they were incidental to attempted especially aggravated robbery; and (4) the trial court erred in determining the length and consecutive service of his sentences. Upon our review of the record we conclude the trial court properly admitted the bullet removed from the defendant; the evidence was sufficient to sustain defendant's conviction for attempted first degree murder; there was no due process violation; and defendant was properly sentenced. Thus, the judgment of the trial court is affirmed.
Authoring Judge: Judge Joe G. Riley
Originating Judge:J. Randall Wyatt, Jr. |
Davidson County | Court of Criminal Appeals | 09/20/00 |