Tracy Renee Morris v. Robert Andrew Morris
M2001-02275-COA-R3-CV
This case involves a petition to change custody. The parents were divorced in July 1998. By agreement, custody of the parties' two minor children was awarded to the mother. In February 2001, while the children were staying with the father at the mother's request, he filed a petition to modify custody to make him the permanent custodial parent. In his petition, the father alleged a material change in circumstances, in that the mother had difficulty keeping a job, maintaining a home, and taking care of the children. The trial court granted the father's petition. The mother now appeals. We affirm, finding that the trial court did not err in finding a material change in circumstances and did not abuse its discretion in changing custody to the father.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Judge Muriel Robinson |
Davidson County | Court of Appeals | 09/17/02 | |
Victoria Barnes vs. David Barnes
W2002-00428-COA-R3-CV
This appeal arises from a change of custody, from the Mother to the Father, granted by the trial court. We affirm, with the modification that Father be enjoined from smoking when either child is present.
Authoring Judge: Judge David R. Farmer
Originating Judge:Robert A. Lanier |
Madison County | Court of Appeals | 09/17/02 | |
Mitch Grissim & Associates v. Blue Cross & Blue Shield of Tennessee
M2001-02170-COA-R3-CV
This appeal involves a suit by an attorney against a former client for attorney fees allegedly due when the client terminated contingency fee contracts. The trial court denied plaintiff-attorney's motion for partial summary judgment and granted defendant-client's motion for summary judgment, holding that the attorney was not entitled to recover fees for services provided to the client prior to discharge. Plaintiff has appealed. We reverse and remand.
Authoring Judge: Presiding Judge W. Frank Crawford
Originating Judge:Judge Carol L. Mccoy |
Davidson County | Court of Appeals | 09/17/02 | |
Gabriel Dryden, et al. v. The Metropolitan Government of Nashville and Davidson County
M2001-02594-COA-R3-CV
This case involves a traffic accident and the application of the Tennessee Governmental Tort Liability Act. Plaintiff's vehicle was struck after Defendant failed to yield at an intersection. Defendant contended that the Metropolitan Government of Nashville and Davidson County (Metro) was partially at fault for its failure to properly warn motorists of the upcoming intersection. After Plaintiff and Defendant settled their suit, Defendant pursued a claim against Metro. The trial court granted Metro's motion for summary judgment, ruling that Metro was entitled to governmental immunity. We vacate the trial court's award of summary judgment and remand the case for further proceedings.
Authoring Judge: Judge David R. Farmer
Originating Judge:Judge Barbara N. Haynes |
Davidson County | Court of Appeals | 09/17/02 | |
In The Matter Of: C.N.S. and C.J.S.
M2001-02544-COA-R3-JV
The trial court terminated the parental rights of the mother of two young children on multiple grounds, including the mother's inability to meet their special needs. The mother argued on appeal that the grounds for termination were not proven by clear and convincing evidence. We affirm the trial court.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Judge George L. Lovell |
Maury County | Court of Appeals | 09/17/02 | |
Felix M. Woods, et al. v. James N. Faris
M2001-02901-COA-R3-CV
This appeal arises from an action brought by the plaintiff/seller to enforce an agreement made as an addendum to a contract for sale of a home purporting to give a mortgage to the seller. We find that both parties acted with unclean hands. Judgment of the trial court is affirmed in part, reversed in part, and this case is remanded for further proceedings consistent with this opinion.
Authoring Judge: Judge David R. Farmer
Originating Judge:Judge Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 09/17/02 | |
General Construction vs. Greater St. Thomas Church
W2001-01588-COA-R3-CV
This appeal arises from a dispute over the construction of a church. Both parties alleged that the other breached the construction contract. The trial court found the Church to be in breach, awarded damages to the Contractor, and this appeal ensued. We affirm in part and reverse in part.
Authoring Judge: Judge David R. Farmer
Originating Judge:Floyd Peete, Jr. |
Shelby County | Court of Appeals | 09/17/02 | |
Patsy Mitchell vs. Dr. James Ensor
W2001-01683-COA-R3-CV
Patient brought medical malpractice action against physician and medical group, including allegations that physician failed to obtain the informed consent of female patient prior to administration of a testosterone injection. The circuit court entered judgment on a jury verdict in favor of physician and medical group. Patient appealed. We affirm and remand.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:D'Army Bailey |
Shelby County | Court of Appeals | 09/17/02 | |
State v. Richard Hale Austin
W1999-00281-SC-DDT-DD
Authoring Judge: Justice Janice M. Holder
Originating Judge:C. Creed Mcginley |
Shelby County | Supreme Court | 09/16/02 | |
State of Tennessee v. Randal Wayne Faulk
M2001-02423-CCA-R3-CD
The defendant was convicted by a Davidson County jury of driving under the influence, third offense, and driving on a revoked license. He appeals only his DUI conviction, arguing the evidence was insufficient to support a finding that he was under the influence. We affirm the judgment of the trial court.
Authoring Judge: Judge Joe G. Riley
Originating Judge:Judge Frank G. Clement, Jr. |
Davidson County | Court of Criminal Appeals | 09/16/02 | |
Policy of Insurance No. Ltc982015 v. Transcarriers Inc.,
W2001-02556-COA-R9-CV
Authoring Judge: Judge David R. Farmer
Originating Judge:Robert A. Lanier |
Shelby County | Court of Appeals | 09/16/02 | |
State of Tennessee v. Asata Lowe
E2000-01591-CCA-R3-CD
A Blount County jury convicted the Defendant of two counts of first degree premeditated murder and imposed concurrent sentences of life imprisonment without the possibility of parole. The jury also convicted the Defendant of especially aggravated robbery, and the trial court sentenced the Defendant to twenty-five years incarceration, to be served consecutive to the two sentences for first degree premeditated murder. The Defendant now appeals, raising the following issues: (1) whether the trial court properly instructed the jury on all lesser-included offenses raised by the evidence, (2) whether the trial court erred by refusing to instruct the jury on duress, necessity and accessory after the fact, (3) whether the trial court erred by allowing into evidence testimony regarding the Defendant's pending aggravated assault trial, (4) whether the trial court erred by allowing into evidence a magazine clip confiscated from the Defendant by police two months before the murders, (5) whether the trial court erred by refusing to find the sentencing provisions of the Tennessee homicide laws to be unconstitutional, (6) whether the Defendant's convictions for especially aggravated robbery and theft violated his right against double jeopardy, (7) whether the indictment was constitutionally defective on its face, and (8) whether there was sufficient evidence to convict the Defendant of the charged offenses. We affirm the judgment of the trial court, but remand for entry of a corrected judgment form in Count III of indictment number 11329.
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Judge D. Kelly Thomas, Jr. |
Blount County | Court of Criminal Appeals | 09/16/02 | |
Dept of Children's Srvcs, vs. TLC
E2002-00699-COA-R3-CV
The Trial Court terminated the mother's parental rights on statutory grounds. On appeal, we affirm the Trial Court's Judgment.
Originating Judge:Suzanne Bailey |
Hamilton County | Court of Appeals | 09/16/02 | |
State of Tennessee v. Ronnie Watson
W2001-03084-CCA-R3-CD
Convicted of aggravated robbery, Ronnie Watson appeals the Gibson County Circuit Court’s denial of his motion to suppress the statements he gave to a law enforcement officer shortly after the commission of the crime. We hold that the issue has been waived by Watson’s failure to include it in his motion for new trial.
Authoring Judge: Judge J. Curwood Witt, Jr.
Originating Judge:Judge L. Terry Lafferty |
Gibson County | Court of Criminal Appeals | 09/16/02 | |
Billy Joe Smith vs. Lisa Ricel
E2001-02436-COA-R3-CV
In this appeal from the Circuit Court for Johnson County the Appellant, Billy Joe Smith, asserts that the Circuit Court erred in denying his motion to alter or amend the Court's prior judgment dismissing his complaint for alleged violations of his civil rights upon grounds that the complaint failed to allege any causes of action other than violations of the United States Constitution. We affirm the judgment of the Circuit Court.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Thomas J. Seeley, Jr. |
Johnson County | Court of Appeals | 09/16/02 | |
John David Neblett v. State of Tennessee
M2001-02450-CCA-R3-PC
The petitioner originally pled guilty to aggravated vehicular homicide, vehicular assault, and second offense driving on a revoked license. The trial court sentenced him to an effective sentence of twenty-four years. The effective sentence was affirmed on direct appeal. The petitioner sought post-conviction relief, alleging an unknowing guilty plea and ineffective assistance of counsel. The post-conviction court denied relief. In this appeal, the petitioner contends the post-conviction court erred in summarily dismissing the petition based solely upon the guilty plea transcript. We disagree and affirm the judgment of the post-conviction court.
Authoring Judge: Judge Joe G. Riley
Originating Judge:Judge John H. Gasaway, III |
Montgomery County | Court of Criminal Appeals | 09/16/02 | |
State of Tennessee v. Jonathan Omar Echevarria
M2001-02703-CCA-R3-CD
The Appellant, Jonathan Omar Echevarria, appeals from the sentencing decision of the Davidson County Criminal Court imposing a sentence of four years incarceration. The sentence arose from a guilty plea entered by Echevarria to one count of attempted aggravated robbery. In this appeal, Echevarria raises the issue of whether the trial court erred by ordering a sentence of total confinement rather than a less restrictive alternative. After review, we find no error. Accordingly, the judgment is affirmed.
Authoring Judge: Judge David G. Hayes
Originating Judge:Judge Steve R. Dozier |
Davidson County | Court of Criminal Appeals | 09/16/02 | |
E2002-00442-COA-R3-JV
E2002-00442-COA-R3-JV
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Thomas J. Wright |
Greene County | Court of Appeals | 09/16/02 | |
State of Tennessee v.Vasile Cavopol
M2001-01034-CCA-R3-CD
Apparently serving probationary terms on judicial diversion, Vasile Cavopol attempts to appeal from the Davidson County Criminal Court. He claims (1) that the lower court should have dismissed the vandalism and resisting arrest cases against him when the state's witnesses did not appear for trial on two occasions and (2) that the evidence insufficiently supports the determinations of guilt. Because the defendant who was granted judicial diversion has no rightful appeal, we dismiss this appeal.
Authoring Judge: Judge J. Curwood Witt, Jr.
Originating Judge:Judge Cheryl A. Blackburn |
Davidson County | Court of Criminal Appeals | 09/16/02 | |
State of Tennessee v. Jason Howard Copely
E2002-00468-CCA-R3-CD
The Defendant pled guilty to facilitation of attempt to commit especially aggravated robbery. The trial court sentenced the Defendant as a Range II multiple offender to seven years in the Tennessee Department of Correction, with eleven months of the sentence to be served in the Knox County jail followed by probation for the remainder of the sentence. A probation violation warrant was subsequently issued against the Defendant, alleging that the Defendant had violated his probated sentence by leaving his residence without permission and by removing his electronic monitor. An amended probation violation warrant was later filed alleging that the Defendant had also violated his probation by committing misdemeanor theft. Following a hearing, the trial court revoked the Defendant's probation and ordered him to serve his sentence in the Tennessee Department of Correction. This appeal ensued. After reviewing the record, we affirm the judgment of the trial court.
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Judge Mary Beth Leibowitz |
Knox County | Court of Criminal Appeals | 09/16/02 | |
Michael A. Carter v. State of Tennessee
M2001-03065-CCA-R3-PC
The petitioner originally pled guilty to aggravated robbery on June 1, 2000. He sought post-conviction relief alleging he received ineffective assistance of counsel which led to an involuntary guilty plea. Following a hearing, the trial court dismissed the petition. We affirm.
Authoring Judge: Judge Joe G. Riley
Originating Judge:Judge Seth W. Norman |
Davidson County | Court of Criminal Appeals | 09/16/02 | |
State v. Richard Hale Austin
W1999-00281-SC-DDT-DD
Authoring Judge: Justice Janice M. Holder
Originating Judge:C. Creed Mcginley |
Shelby County | Supreme Court | 09/16/02 | |
State of Tennessee v. Kevin Island
W2001-02171-CCA-R3-CD
Kevin Island appeals from his Shelby County conviction of robbery. He claims that the evidence presented at trial was insufficient to sustain the conviction. We disagree and affirm.
Authoring Judge: Judge J. Curwood Witt, Jr.
Originating Judge:Judge Bernie Weinman |
Shelby County | Court of Criminal Appeals | 09/16/02 | |
Corey Lamont Radley v. State of Tennessee
M2001-03066-CCA-R3-PC
In this appeal from the denial of post-conviction relief, the sole issue is whether petitioner was deprived of the effective assistance of counsel in proceedings that led to his conviction for first degree murder with a resulting life sentence. We find no merit to his arguments and affirm the judgment of the trial court.
Authoring Judge: Judge Joe G. Riley
Originating Judge:Judge Cheryl A. Blackburn |
Davidson County | Court of Criminal Appeals | 09/16/02 | |
State of Tennessee v. Earley Story
W2001-00529-CCA-R3-CD
The appellant, Earley Story, was convicted in the Shelby County Criminal Court of one count of selling not less than one-half ounce nor more than ten pounds of marijuana, a Class E felony. The appellant was sentenced to one year of incarceration in the Shelby County Jail, which sentence was immediately probated. On appeal, the appellant raises the following issues for our review: (1) whether the trial court erred in failing to conduct a hearing on the appellant's pro se motion alleging a failure to afford him a speedy trial; (2) whether the trial court wrongly forced the appellant to trial with unwanted counsel, which counsel were appointed without any evidence that the appellant was unable to employ counsel of his choosing; and (3) whether the trial court erred in admitting purported transcripts of tape recordings. 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:Judge John P. Colton, Jr. |
Shelby County | Court of Criminal Appeals | 09/13/02 |