APPELLATE COURT OPINIONS

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State of Tennessee v. George Mears

M2000-01663-CCA-R3-CD

Following a jury trial, Defendant, George Mears, was found guilty of theft of property of not less than $1,000 nor more than $10,000, a Class D felony. In his motion for a new trial, Defendant raised one issue, alleging that he received ineffective assistance of counsel at trial. Defendant contended that his counsel failed to adequately investigate and develop all available defense strategies and failed to adequately prepare for trial. Following an evidentiary hearing, the trial court denied Defendant's motion for a new trial. The trial court concluded that Defendant's counsel should have interviewed two witnesses prior to the day of trial but that Defendant failed to show that he was prejudiced by counsel's delayed interviews. As to all other claims of ineffective assistance of counsel, the trial court found that Defendant failed to show that his counsel's performance was deficient. After a thorough review of the record, we affirm the judgment of the trial court.

Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Judge J. S. Daniel
Cannon County Court of Criminal Appeals 04/29/03
State of Tennessee v. Darryl Lee Elkins

E2001-01245-SC-R11-CD
Authoring Judge: Justice William M. Barker
Originating Judge:R. Jerry Beck
Sullivan County Supreme Court 04/29/03
Susan Green v. Leon Moore

M2002-00889-SC-R11-CV
The sole issue in this appeal is whether the thirty (30)-day notice of appeal period, articulated in Tennessee Rule of Appellate Procedure 4(a) ("Rule 4(a)"), began to run when the appellees filed a notice of voluntary dismissal of the final claim between all parties in this action, or when the trial court entered an order confirming that all claims between all parties in this action had been adjudicated. The Court of Appeals held that the thirty-day period commenced on the date the appellees filed the notice of voluntary dismissal and concluded that the appellant's notice of appeal was untimely filed. We granted permission to appeal and hold that the thirty-day notice of appeal period commenced on the date that the trial court entered an order confirming that all claims between all the parties had been adjudicated. Accordingly, the judgment of the Court of Appeals is reversed, and this case is remanded to the intermediate court for consideration of the merits of the appeal.
Authoring Judge: Justice William M. Barker
Originating Judge:Robert E. Lee Davies
Williamson County Supreme Court 04/29/03
State of Tennessee v. Darryl Lee Elkins

E2001-01245-SC-R11-CD
Authoring Judge: Justice William M. Barker
Originating Judge:R. Jerry Beck
Sullivan County Supreme Court 04/29/03
State of Tennessee v. Edward Clay and Timothy B. Clay

M2002-01319-CCA-R3-CD

The co-defendants pled guilty to conspiracy to sell "ecstasy," a Schedule I controlled substance. After a sentencing hearing, each received a sentence of eight years to be served in split confinement, with all but eight months on probation. The co-defendants contend that the trial court erred in not granting them full probation. We affirm the judgments of the trial court.

Authoring Judge: Judge John Everett Williams
Originating Judge:Judge Don R. Ash
Rutherford County Court of Criminal Appeals 04/29/03
State of Tennessee v. Dwayne A. Williams

W2002-00829-CCA-R3-CD

The defendant was convicted by a jury of possession of more than 300 grams of cocaine with the intent to deliver. The trial court sentenced the defendant as a Range I standard offender to twenty years incarceration. The defendant contends the evidence is insufficient to sustain his conviction. We conclude the evidence is sufficient to sustain the defendant's conviction and affirm the judgment of the trial court.

Authoring Judge: Judge John Everett Williams
Originating Judge:Judge Bernie Weinman
Shelby County Court of Criminal Appeals 04/29/03
State of Tennessee v. Darryl Lee Elkins

E2001-01245-SC-R11-CD
Authoring Judge: Justice William M. Barker
Originating Judge:R. Jerry Beck
Sullivan County Supreme Court 04/29/03
State of Tennessee v. Cleophis King

W2001-01151-CCA-R3-PC

The petitioner appeals the denial of his petition for post-conviction relief, arguing that the post-conviction court erred in finding that his guilty pleas were knowing and voluntary and that he received the effective assistance of counsel. Following our review, we affirm the judgment of the post-conviction court.

Authoring Judge: Judge Alan E. Glenn
Originating Judge:Judge John P. Colton, Jr.
Shelby County Court of Criminal Appeals 04/29/03
State of Tennessee v. Maurice Whitlock

E2002-01388-CCA-R3-CD

Pursuant to a plea agreement, the defendant pled guilty to aggravated assault, a Class C felony and received a three-year sentence with the manner of service to be determined by the trial court. Following a sentencing hearing, the trial court ordered that the defendant serve his three-year sentence in the Tennessee Department of Correction. The defendant now appeals, arguing that the trial court erred by failing to grant the defendant probation or alternative sentencing. Finding no error, we affirm the judgment of the trial court.

Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Judge Stephen M. Bevil
Hamilton County Court of Criminal Appeals 04/29/03
In Re: Crystal Michelle Moats

E2002-01635-COA-R3-JV
This is a paternity case. Following DNA testing, the parties agreed that Randy L. Garner ("Father") is the biological father of Crystal Michelle Moats (DOB: August 13, 1985) ("the child"). The issues remaining before the trial court were "current support, past due support, and medical payments." Following a bench trial, the court addressed these issues. As pertinent to this appeal, the trial court awarded Mother $1,000 as support for the child from her date of birth to the date of filing of the paternity petition, i.e., September 18, 2000. Mother appeals, contending that the trial court erred in setting the amount of retroactive support for the period prior to the filing of the petition. We vacate the trial court's award of $1,000 and remand for further proceedings.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:William T. Denton
Blount County Court of Appeals 04/29/03
Dock Walker v. State of Tennessee

E2002-02162-CCA-R3-PC

Dock Walker appeals from the Knox County Criminal Court's dismissal of his petition for post-conviction relief. He claims that the court should not have dismissed the petition without appointing counsel and affording him the opportunity to amend the petition. He also claims that based upon due process principles, his petition should not be barred by the statute of limitations. Because the lower court properly discerned that the petitioner had not presented a timely claim for relief, we affirm.

Authoring Judge: Judge J. Curwood Witt, Jr.
Originating Judge:Judge Ray L. Jenkins
Knox County Court of Criminal Appeals 04/28/03
State of Tennessee v. Katrina A. Callahan

E2002-00926-CCA-R3-CD

The defendant appeals her Sullivan County conviction, pursuant to a bench trial, of tampering with or fabricating evidence. On appeal, the defendant challenges only the sufficiency of the convicting evidence. Because we conclude that the evidence was insufficient to support the conviction, we reverse the conviction and dismiss the charge.

Authoring Judge: Judge J. Curwood Witt, Jr.
Originating Judge:Judge R. Jerry Beck
Sullivan County Court of Criminal Appeals 04/28/03
State of Tennessee v. Marcus Tramane Green

M2002-01810-CCA-R3-CD

The defendant, Marcus Tramane Green, appeals the sentence imposed by the Montgomery County Circuit Court following his guilty pleas to especially aggravated robbery, a Class A felony, and aggravated burglary, a Class C felony. The trial court sentenced him to respective concurrent terms of seventeen years as a Range I, violent offender and four and one-half years as a Range I, standard offender to be served in the Department of Correction. The defendant contends that his sentences are excessive, arguing that the trial court misapplied enhancement factors and failed to apply certain mitigating factors. We affirm the effective seventeen-year sentence imposed by the trial court.

Authoring Judge: Judge Joseph M. Tipton
Originating Judge:Judge John H. Gasaway, III
Montgomery County Court of Criminal Appeals 04/28/03
State of Tennessee v. Gregory Lance

M2001-02507-CCA-R3-CD

Defendant, Gregory Lance, appeals his convictions in the Putnam County Criminal Court for two counts of first degree premeditated murder, especially aggravated burglary, and arson. For the first degree murder convictions, the trial court imposed two concurrent sentences of life imprisonment. For the especially aggravated burglary conviction and arson conviction, defendant was sentenced to serve eight years and three years respectively, to be served concurrently with his life sentences. In this direct appeal, defendant argues: (1) he received ineffective assistance of counsel at trial; (2) the trial court erred in denying his requested jury instruction regarding circumstantial evidence; and (3) there was insufficient evidence to support his convictions. After a careful review of the record, we affirm the judgment of the trial court.

Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Judge W. Charles Lee
Putnam County Court of Criminal Appeals 04/28/03
In Re: Estate of James H. Williams

M2000-02434-COA-R3-CV
This case began as four separate cases which were consolidated. All four cases arose from the divorce of James Hollister Williams and Kathyrn L. H. Williams, his untimely death, and the probate and distribution of assets in his sizeable estate. The trial court upheld the validity of the divorce by denying Ms. Williams relief under Tenn. R. Civ. P. 60.02, awarded several annuities to Ms. Williams based on her status as the named beneficiary, ordered her to pay the estate taxes resulting from those annuities, and approved part of a claim filed by Ms. Williams against the Estate, but denied part. We affirm the decisions of the trial court upholding the validity of the divorce and awarding the annuities to Ms. Williams, but vacate the order granting the Estate a judgment against Ms. Williams for the estate taxes on the annuities. We also affirm in part and reverse in part the decision of the trial court with respect to the claim against the Estate, and hold that the entire claim should have been denied.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Jeffrey S. Bivins
Williamson County Court of Appeals 04/28/03
State of Tennessee v. Kevin Lee Pennell

M2001-01863-CCA-R3-CD
The defendant was found in criminal contempt of court for violating a court order by operating a motor vehicle after his driving privileges had been lost for one year, and received a ten-day jail sentence. He raises two issues on appeal: (1) whether a trial judge can revoke a Tennessee driver’s license; and (2) whether he was in contempt for driving his vehicle the same day and after he had lost his license. Finding no error, we affirm the judgment of the trial court.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Judge Steve R. Dozier
Davidson County Court of Criminal Appeals 04/28/03
State of Tennessee v. Kevin Lee Pennell - Dissenting

M2001-01863-CCA-R3-CD
I respectfully dissent from the majority’s holding that the Defendant’s conviction for criminal contempt of court should be affirmed. While I agree that the trial court did have the authority to suspend the Defendant’s driver’s license, I do not believe that the Defendant was sufficiently placed on notice that his conduct of driving a car could result in his being held in contempt.
Authoring Judge: Judge David H. Welles
Originating Judge:Judge Steve R. Dozier
Davidson County Court of Criminal Appeals 04/28/03
State of Tennessee v. Sammie Don Logue

M2001-02497-CCA-R3-CD

The Maury County Grand Jury indicted the defendant for selling less than 0.5 grams of cocaine, and following a trial, a Maury County jury convicted the defendant of the casual exchange of a controlled substance. The trial court sentenced him to eleven months, twenty-nine days' incarceration and suspended all but forty-five days of the sentence. On appeal, the defendant argues that the trial court erred by refusing to allow him to introduce evidence concerning the source of the cocaine and by denying him full probation. We find no error by the trial court and therefore affirm the defendant's conviction and sentence.

Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Judge Stella L. Hargrove
Maury County Court of Criminal Appeals 04/28/03
Nannie Sneed v. The Estate of Marie Bright Witherspoon, Deceased, James Morton, Senior, et al.

M2002-00237-COA-R3-CV
This appeal involves a claim filed against an estate for personal services rendered to a decedent. The lower court granted the estate's motion to dismiss, finding that the claim was time barred, the claimant had received compensation for her services, and there was no evidence of "fraud, tort, deceit, or concealment." The parties raise multiple issues on appeal. For the following reasons, we affirm
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:David Loughry
Rutherford County Court of Appeals 04/28/03
Property of Katie Mae High v. Champion Roofing &Amp;

W2002-01941-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Originating Judge:D. J. Alissandratos
Shelby County Court of Appeals 04/25/03
Brenda Hicks v. John E. Hicks

W2001-02931-COA-R3-CV
This is a divorce case. At the time the wife filed for divorce, the parties had been married for eight months. The trial judge awarded the divorce to the wife on the grounds of adultery. The trial court also granted the wife a monetary award for "alimony in solido and as a division of the marital estate." The husband appeals. We affirm and modify. The proof at trial did not support awarding the wife the divorce on grounds of adultery, nor did it support the amount of the monetary award to the wife. The judgment of the trial court is affirmed but modified to reflect that the wife is granted the divorce on grounds of inappropriate marital conduct, and the monetary award is modified as well.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Joe C. Morris
Madison County Court of Appeals 04/25/03
Harold Jackson v. Shelby County, Tennessee

W2002-02627-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Originating Judge:Walter L. Evans
Shelby County Court of Appeals 04/25/03
Sarah High vs. James High

W2001-01558-COA-R3-CV
This case involves an appeal from the trial court's determination of Appellant's child support and alimony arrearages, as well as the denial of a request to modify a previous award of alimony and child support. We affirm in part, reverse in part, and remand for further proceedings.
Authoring Judge: Judge David R. Farmer
Originating Judge:Joe C. Morris
Madison County Court of Appeals 04/25/03
Phineas Dorris v. American Limestone Company, Inc.

M2002-00741-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. In this appeal, the employer questions the trial court's findings as to notice, compensability and extent of vocational disability. As discussed below, the panel has concluded the evidence fails to preponderate against the findings of the trial court. Tenn. Code Ann. _ 5-6-225(e) (22 Supp.) Appeal as of Right; Judgment of the Circuit Court Affirmed JOE C. LOSER, JR., SP. J., in which FRANK F. DROWOTA, III, C. J., and JOHN K. BYERS, SR. J., joined. W. Randall Wilson and Lynda Motes Hill, Chattanooga, Tennessee, for the appellant, American Limestone Company, Inc. C. Michael Lawson, Nashville, Tennessee, for the appellee, Phineas Dorris MEMORANDUM OPINION The employee or claimant, Dorris, initiated this civil action to recover workers' compensation benefits. The trial court awarded permanent vocational disability benefits based on 75 percent to the body as a whole. The employer, American Limestone, has appealed. Appellate review is de novo upon the record of the trial court, accompanied by a presumption of correctness of the findings of fact, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. _ 5-6-225(e)(2) (22 Supp.). The reviewing court is required to conduct an independent examination of the record to determine where the preponderance of the evidence lies.
Authoring Judge: Joe C. Loser, Jr., Sp. J.
Originating Judge:John H. Gasaway, III, Judge
Robertson County Workers Compensation Panel 04/25/03
Ken Randall Allmon v. Wolf Tree Experts, Inc.,

M2002-00366-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 trial judge found the plaintiff suffered an injury to both arms which resulted in a permanent partial impairment of 5 percent to both. The defendant says the trial court erred in finding the plaintiff suffered any injury to his right arm and that the award of 5 percent to the left arm is excessive. We modify and affirm the judgment of the trial court. Tenn. Code Ann. _ 5-6-225(e) (1999) Appeal as of Right; Judgment of the Circuit Court Affirmed as Modified JOHN K. BYERS, SR. J., in which FRANK F. DROWOTA, III, C.J., and JOE C. LOSER, SP. J., joined. Patrick A. Ruth, Nashville, Tennessee, for the appellants, Wolf Tree Experts, Inc. and Great American Insurance Company. D. Russell Thomas, Murfreesboro, Tennessee, for the appellee, Ken Randall Allmon. MEMORANDUM OPINION Facts At the time of trial the plaintiff was forty-five years of age. He had a high school education and a varied and interesting work history which encompasses such things as working on shrimp boats and being a high rise window washer. The facts surrounding the accident in this case are simple. The plaintiff was in a tree cutting branches with a chain saw on March 21, 2. When the saw cut through a branch, his left arm, which was holding the saw, dropped and he heard a pop in his left elbow. The plaintiff testified he felt intense pain in this elbow after hearing the pop. The plaintiff was taken to the emergency room for medical care and was later treated or seen by Vanderbilt medical personnel. The plaintiff never returned to work for the defendant. He was offered a light duty job by the defendant but was of the opinion he could not do the work based upon his restrictions. Medical Evidence Dr. Douglas B. Haynes, an orthopedic surgeon, saw the plaintiff on March 21, 2. The plaintiff reported he had injured his left arm. Dr. Haynes found some tenderness on both of the plaintiff's elbows. He treated the plaintiff for some time and referred him to Dr. Callahan for a determination of whether surgery was warranted. Dr. Haynes saw the plaintiff for some time and ultimately determined he had a 5 percent impairment to the left arm. He based this on weight lifting restrictions placed by Dr. Callahan. Dr. Haynes found the plaintiff suffered no impairment to the right arm. Dr. David Gaw, an orthopedic surgeon, filed a C 32 form in which he found the plaintiff had a 5 percent impairment to the left arm and zero impairment to the right arm. Dr. David Callahan, an orthopedic surgeon, testified the plaintiff had a degenerative condition in his elbow and that the work he did exacerbated the pain. Gordon Doss, a vocational expert, testified the plaintiff suffered a 5 percent vocational loss as a result of the injury to his arms. Discussion We find from the evidence that the plaintiff suffered a definable traumatic injury to his left arm on March 21, 2. We further find from the testimony of Dr. Gaw and Dr. Haynes that the plaintiff sustained a five percent permanent partial medical impairment to his left arm and no impairment to his right arm. The evidence shows Dr. Callahan found the plaintiff sustained a one percent impairment to both the left and right arms. He found this was as a result of exacerbation of an underlying degenerative condition of the plaintiff's arm but that the only result was that this caused pain. All of the physicians found the plaintiff had zero impairment when the AMA Guideline was used. -2-
Authoring Judge: John K. Byers, Sr. J.
Originating Judge:Royce Taylor, Judge
Cannon County Workers Compensation Panel 04/25/03