Andrew Downs vs. Crystal Bailey/Joni Downs
W2002-01362-COA-R3-JV
This is a child custody case. The two children involved were born to the mother and father during their marriage. In 1998, the mother and father were unable to care properly for the children, so the mother's sister (the children's aunt) obtained temporary custody. The mother and father divorced in 1999. In 2000, the father filed a petition for custody, claiming that he and his common-law wife could provide a stable home for the children. The aunt sought to retain custody. The mother intervened, arguing that, if permanent custody were not granted to the aunt, then custody should be awarded to her. After a hearing, the trial court granted custody to the father. The mother and the aunt appeal, both claiming that they are entitled to custody. We affirm, finding that the father's rights are superior to those of the aunt, and that the trial court did not err awarding custody to the father rather than the mother.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:William A. Peeler |
Tipton County | Court of Appeals | 11/20/02 | |
Michael Edmondson v. State of Tennessee
W2002-00270-CCA-R3-PC
The petitioner, Michael Edmondson, appeals as of right the Shelby County Criminal Court's denial of his petition for post-conviction relief. He challenges his convictions pursuant to guilty pleas contending that he received the ineffective assistance of counsel because his trial attorney failed to investigate and prepare his case for trial. We affirm the trial court's denial of the post-conviction petition.
Authoring Judge: Judge Joseph M. Tipton
Originating Judge:Judge Joseph B. Dailey |
Shelby County | Court of Criminal Appeals | 11/20/02 | |
State of Tennessee v. Lillie Fran Ferguson
W2002-00638-CCA-R3-CD
After entering a guilty plea, the defendant reserved certified questions for review: (1) whether the Terry search was justified, and (2) whether the incriminating nature of the contraband was immediately apparent. We hold that the officer lacked reasonable suspicion to justify a Terry frisk and that the object felt was not immediately apparent as contraband. We reverse and dismiss the defendant's conviction.
Authoring Judge: Judge John Everett Williams
Originating Judge:Judge Roger A. Page |
Madison County | Court of Criminal Appeals | 11/19/02 | |
State of Tennessee v. Calvin T. Barham
W2002-00246-CCA-R3-CD
Defendant pled guilty to possession of cocaine with intent to sell, a Class C felony. Defendant's motion to suppress evidence was denied by the trial court. Defendant claimed that evidence found on him was the result of an illegal search and should have been suppressed. The suppression issue was certified for review. We affirm the trial court and hold the evidence was properly admissible.
Authoring Judge: Judge John Everett Williams
Originating Judge:Judge Roger A. Page |
Chester County | Court of Criminal Appeals | 11/19/02 | |
Hal Gerber v. Virginia Starr Segal
CH-00-0893-2
Originating Judge:Floyd Peete, Jr. |
Shelby County | Court of Appeals | 11/19/02 | |
State of Tennessee v. Michael Douglas Willis
E2002-00769-CCA-R3-CD
The defendant, Michael Douglas Willis, was charged with DUI, violating the open container law, and violating the implied consent law. A jury convicted the defendant of violating the implied consent law but acquitted him of the other charges. The trial court subsequently overturned the jury's guilty verdict but nevertheless revoked the defendant's license for one year for violating the implied consent law. The defendant now appeals the trial court's revocation of his license. We affirm the judgment of the trial court.
Authoring Judge: Judge David H. Welles
Originating Judge:Judge E. Shayne Sexton |
Campbell County | Court of Criminal Appeals | 11/19/02 | |
Hal Gerber v. Virginia Starr Segal
CH-00-0893-2
Originating Judge:Floyd Peete, Jr. |
Shelby County | Court of Appeals | 11/19/02 | |
Stella Keltner vs. Open Lake Sporting Club
W2002-00449-COA-R3-CV
This is a dispute over ownership of the Right Hand Arm portion of Open Lake. The trial court awarded summary judgment to Open Lake Sporting Club. Having determined that there are genuine issues of material facts, we reverse and remand for further proceedings.
Authoring Judge: Judge David R. Farmer
Originating Judge:Jon Kerry Blackwood |
Lauderdale County | Court of Appeals | 11/19/02 | |
John Iovinelli vs. Steadman Estes
W2001-02968-COA-R3-CV
This is an appeal of the grant of summary judgment. The Appellants contend that the trial judge granted the Appellees summary judgment, sua sponte, and that they did not have notice or an opportunity to respond to the issues decided by the judge. We disagree and, for the following reasons, we affirm.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:D'Army Bailey |
Shelby County | Court of Appeals | 11/19/02 | |
Wesley A. Clayton, Andrew v. Sellers, Jackson, For Defendants-Appellees, Joseph Scott Wadley
W2002-01994-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Donald H. Allen |
Henderson County | Court of Appeals | 11/19/02 | |
Ronald Crafton v. John Van Den Bosch, Jr.
W2002-00679-COA-R9-CV
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Donald H. Allen |
Madison County | Court of Appeals | 11/19/02 | |
Janice Evans vs. Thomas Evans
W2001-03037-COA-R3-CV
This is an appeal of a final decree of divorce involving issues of division of marital property, rehabilitative alimony, child support, and admission of evidence. Wife appeals. We affirm in part, reverse in part, and remand.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Joe C. Morris |
Henderson County | Court of Appeals | 11/19/02 | |
Gary Eugene Aldridge v. State of Tennessee
M2001-02452-CCA-R3-PC
The petitioner, Gary Eugene Aldridge, was convicted by a jury in the Circuit Court of Hickman County of one count of aggravated kidnapping, two counts of aggravated rape, one count of rape, and two counts of simple assault. The trial court sentenced the petitioner to an effective sentence of sixty years incarceration in the Tennessee Department of Correction, followed by an effective consecutive sentence of seventeen months and twenty-nine days in the local workhouse. After an unsuccessful appeal of his convictions, the petitioner timely filed a petition for post-conviction relief, alleging, among other grounds, ineffective assistance of counsel. The petitioner now brings this appeal challenging the post-conviction court's denial of his petition. After reviewing the record and the parties' briefs, we affirm the judgment of the post-conviction court.
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:Judge Timothy L. Easter |
Hickman County | Court of Criminal Appeals | 11/19/02 | |
Dept. of Transportation vs. Sammy/Yvonne Hanna
W2002-00152-COA-R3-CV
This is a condemnation case. The Tennessee Department of Transportation alleges that the trial judge committed error by allowing the landowners to discover the opinions of an appraiser not designated to testify at trial and that these errors require overturning the jury's verdict because of the prejudice they caused. We find that errors were committed in the court below, but that these errors were harmless. Therefore, we affirm the verdict of the jury.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:C. Creed Mcginley |
Hardin County | Court of Appeals | 11/19/02 | |
Milton Lee Cooper v. State of Tennessee
E2001-01527-CCA-R3-PC
A Hamilton County jury convicted the petitioner of first degree felony murder and conspiracy to commit aggravated robbery. The petitioner was sentenced to life imprisonment for the murder conviction and to eight years incarceration for the conspiracy conviction. This court affirmed the convictions, and the Tennessee Supreme Court denied permission to appeal. The petitioner then filed a petition for post-conviction relief alleging that he received ineffective assistance of counsel at trial and on direct appeal. Specifically, the petitioner alleged that counsel: (1) failed to request an alibi instruction at trial; (2) failed to raise the alibi instruction issue on direct appeal; and (3) failed to challenge an erroneous accomplice instruction at trial and on appeal. Also, the petitioner alleged that the trial court: (1) failed to instruct the jury on the defense of alibi, thus violating the petitioner's due process rights and his right to a jury trial; and (2) failed to instruct the jury on "the natural and probable consequences rule." Following a hearing, the post-conviction court denied the petition for post-conviction relief, and this appeal ensued. Finding no error, we affirm the judgment of the post-conviction court.
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Judge Stephen M. Bevil |
Hamilton County | Court of Criminal Appeals | 11/18/02 | |
Harper Enterprises vs. City of Bean Station
E2002-01734-COA-R3-CV
The City of Bean Station ("the City") denied the application of the plaintiff ("the applicant") for a permit to sell beer for off-premises consumption. The applicant filed a petition for certiorari, naming the City and seeking a writ of mandamus to compel it to issue the requested permit. On cross motions for summary judgment, the trial court granted the City summary judgment. The applicant appeals. It contends that the City, "by actions and/or inaction," has caused its beer ordinance, which limits beer permits within the municipality to two, to be invalid. In the alternative, it contends that the City "has engaged in discriminatory, arbitrary and capricious application of the ordinance." We vacate the trial court's judgment and remand for further proceedings.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Richard R. Vance |
Grainger County | Court of Appeals | 11/15/02 | |
State of Tennessee v. Jason Allen Mobley
W2001-02022-CCA-MR3-CD
The defendant, Jason Allen Mobley, appeals as of right from the Henry County Circuit Court's revoking his eight-year probation. The defendant contends that the trial court erroneously revoked his probation without sufficient proof that he was using drugs. We affirm the trial court.
Authoring Judge: Judge Joseph M. Tipton
Originating Judge:Judge Julian P. Guinn |
Henry County | Court of Criminal Appeals | 11/15/02 | |
State of Tennessee v. Joe L. Jones
W2002-00168-CCA-R3-CD
The Appellant, Joe L. Jones, appeals from the sentencing decision of the Weakley County Circuit Court. After a trial by jury, Jones was convicted of casual exchange, a class A misdemeanor. Following a sentencing hearing, Jones received a split confinement sentence of eleven months and twenty-nine days, with forty-five days to be served in the county jail followed by probation. The trial court also imposed a $500 fine. On appeal, Jones contends that the trial court erred in imposing a sentence of continuous confinement and that the fine was excessive. Finding no error, the judgment is affirmed.
Authoring Judge: Judge David G. Hayes
Originating Judge:Judge William B. Acree |
Weakley County | Court of Criminal Appeals | 11/15/02 | |
Hillsboro Plaza v. H.T. Pope Enterprises
M2001-02943-COA-R3-CV
This cause of action involves damages resulting from the breach of a commercial lease agreement. The trial court awarded judgment to the landlord, including forfeiture damages, prejudgment interest and attorney's fees. We affirm in part and reverse in part.
Authoring Judge: Judge David R. Farmer
Originating Judge:Carol L. Mccoy |
Davidson County | Court of Appeals | 11/15/02 | |
State of Tennessee v. Quawn L. Lillard
M2001-02136-CCA-R3-CD
The defendant, Quawn L. Lillard, appeals his Davidson County Criminal Court convictions for aggravated robbery and aggravated assault. On appeal, he insists that the convicting evidence is not legally sufficient to support his convictions, and he claims that the trial court should not have admitted the identification testimony of one of the victims. After review, we affirm the judgments of the trial court.
Authoring Judge: Judge J. Curwood Witt, Jr.
Originating Judge:Judge Steve R. Dozier |
Davidson County | Court of Criminal Appeals | 11/15/02 | |
Denver Waddell vs. Lawrence Ogledzinkski
E2001-03131-COA-R3-CV
Knox County -In this appeal from the Knox County Circuit Court the Appellant, Denver J. Waddell, contends that the Trial Court erred in dismissing his case by grant of summary judgment upon grounds that the cause of action against the Appellee, Lawrence M. Ogledzinkski, is precluded by T.C.A. 50-6-108(a). We affirm the judgment of the Trial Court.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Dale C. Workman |
Knox County | Court of Appeals | 11/15/02 | |
State of Tennessee v. Daniel James Cosgrove
M2001-02127-CCA-R3-CD
The defendant, Daniel James Cosgrove, pled guilty in the Bedford County Circuit Court to nineteen felonies and thirty-one misdemeanors. The trial court sentenced him to an effective sentence of twenty-one years and eleven months, twenty-nine days in confinement to be served consecutively to another sentence for which his probation was revoked. The defendant appeals, claiming that the trial court failed to apply and weigh mitigating factors properly and improperly ordered consecutive sentencing. We affirm the judgments of the trial court.
Authoring Judge: Judge Joseph M. Tipton
Originating Judge:Judge William Charles Lee |
Bedford County | Court of Criminal Appeals | 11/15/02 | |
State of Tennessee v. Samuel Lee Partin
E2002-00094-CCA-R3-CD
The defendant pled guilty to two counts of driving after being declared an habitual motor vehicle offender and one count each of "third or subsequent" offense DUI, child endangerment, and vehicular assault, and it was agreed the trial court would determine the sentences. The trial court imposed a total effective sentence of five years, eleven months, and twenty-eight days in incarceration. In this appeal, the defendant argues the trial court erred in sentencing him. We conclude the defendant was indicted for fourth offense DUI, a Class E felony; he pled guilty to the offense as charged in the indictment, yet the plea erroneously referred to the non-existent enhancement classification of "third or subsequent" offense DUI rather than fourth offense DUI; and the defendant was erroneously sentenced for a misdemeanor based upon this non-existent enhancement classification. Because the defendant's guilty plea and sentence for this offense were erroneous and his pleas to all other offenses were part of his agreement to plead guilty, we vacate all judgments of conviction and remand to the trial court for further proceedings.
Authoring Judge: Judge Joe G. Riley
Originating Judge:Judge D. Kelly Thomas, Jr. |
Blount County | Court of Criminal Appeals | 11/15/02 | |
State of Tennessee v. Felix M. Leach
M2001-02258-CCA-R3-CD
A Williamson County grand jury indicted the defendant, Felix M. Leach, for possession with intent to sell or deliver cocaine, possession of marijuana, and possession of drug paraphernalia. In a negotiated plea agreement dated June 19, 2001, the defendant pled guilty as a Range II, multiple offender to each of the three counts of the indictment. The plea agreement specified that the three sentences would run concurrently and that all remaining sentencing issues would be determined by the trial court following a sentencing hearing. After a sentencing hearing, the trial court sentenced the defendant to ten years for possession with intent to sell or deliver cocaine, eleven months and twenty-nine days for each of the other two counts, and ordered the sentences to be served consecutively to a previous sentence that he was on probation for at the time. The defendant raises two issues on appeal: (1) whether the ten-year sentence for possession with intent to sell or deliver cocaine was excessive; and (2) whether the three sentences should be concurrent or consecutive to the sentence for which he was on probation at the time. After reviewing the record, we affirm the judgment of the trial court.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Judge Timothy L. Easter |
Williamson County | Court of Criminal Appeals | 11/15/02 | |
James Killingsworth vs. Ted Russell Ford
E2002-01562-COA-R3-CV
This is an action under the Tennessee Consumer Protection Act that arises out of the sale of an SUV. James Killingsworth, and his wife, Kathy Killingsworth ("the purchasers"), sued Ted Russell Ford, Inc. ("the seller"), alleging that the seller failed to advise them about damage to the previously-unowned vehicle sold to the purchasers. At the conclusion of the trial below, the jury returned a verdict in favor of the purchasers, awarding them $2,500. The purchasers then moved for attorney's fees and discretionary costs, which the court granted, but only in the amount of $500. The purchasers appeal, arguing that the fees and expenses awarded by the trial court are unreasonably low. By way of separate issues, the seller argues that the purchasers' second reply brief should be stricken and that the trial court erred in granting any fees and costs to the purchasers. We vacate and remand.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Dale C. Workman |
Knox County | Court of Appeals | 11/15/02 |