| Gweneth J. Freels vs. Evelyn Jones
E2002-00895-COA-R3-CV
Defendant demanded a jury in Answer but the trial judge ruled defendant waived right to a jury trial. On appeal, we affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Frank V. Williams, III |
Morgan County | Court of Appeals | 11/14/02 | |
| The Rogers Group vs. Anderson County
E2002-00409-COA-R9-CV
After case was tried, the Trial Judge recused and another Judge was designated who granted a new trial on all issues. On appeal, we affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Telford E. Forgerty, Jr. |
Anderson County | Court of Appeals | 11/13/02 | |
| State of Tennessee v. William Jerry Neal, aka William Jay Neal
M2001-02364-CCA-R3-CD
The defendant, William Jerry Neal, also known as William Jay Neal, appeals his jury convictions for especially aggravated burglary, a Class B felony, and vandalism under $500, a Class A misdemeanor, resulting in concurrent sentences of eleven years, three months and eleven months, twenty-nine days, respectively. On appeal, the defendant argues: (1) the evidence was insufficient to establish serious bodily injury, as required for a conviction for especially aggravated burglary; and (2) the trial court erred by failing to grant a new trial after learning that one of the jurors had once been incarcerated with the defendant. We affirm the judgment of the trial court.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Judge W. Charles Lee |
Bedford County | Court of Criminal Appeals | 11/13/02 | |
| Carrol Preston Flannary v. Joyce Ann Flannary
E2002-00869-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Originating Judge:Ben K. Wexler |
Hawkins County | Court of Appeals | 11/13/02 | |
| State of Tennessee v. George William King
M2001-02026-CCA-R3-CD
Defendant, George William King, has appealed the sentence imposed upon him by the trial court after he pled guilty to one count of statutory rape. We affirm the judgment of the trial court.
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Judge Steve R. Dozier |
Davidson County | Court of Criminal Appeals | 11/13/02 | |
| Carrol Preston Flannary v. Joyce Ann Flannary
E2002-00869-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
|
Hawkins County | Court of Appeals | 11/13/02 | |
| State of Tennessee v. Shaun Lamont Hereford
E2002-01222-CCA-R3-PC
The petitioner, Shaun Lamont Hereford, appeals the Hamilton County Criminal Court's dismissal of his petition for post-conviction relief, in which he alleged void convictions, misrepresentation by his trial attorney, and that he was entitled to DNA analysis of physical evidence. Discerning no error in the trial court's dismissal of the petition without an evidentiary hearing, we affirm.
Authoring Judge: Judge J. Curwood Witt, Jr.
Originating Judge:Judge Douglas A. Meyer |
Hamilton County | Court of Criminal Appeals | 11/13/02 | |
| Connie Lee Arnold v. State of Tennessee
E2001-02526-CCA-R3-PC
The petitioner was convicted of child rape and especially aggravated exploitation of a minor and sentenced to consecutive sentences of twenty-five years and twelve years, respectively. Following the affirmance of his convictions and sentences on direct appeal, he filed a pro se petition for post-conviction relief. Concluding that the claims consisted of conclusory allegations without necessary supporting facts, the post-conviction court dismissed the petition without affording the petitioner the opportunity to amend the petition. The petitioner timely appealed. Following our review, we affirm the dismissal of the petition.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Judge Robert E. Cupp |
Carter County | Court of Criminal Appeals | 11/13/02 | |
| Troy Buckles vs. Shira Riggs
E2002-00649-COA-R3-CV
Shira Dawn McKay Buckles Riggs ("Mother") and Troy Dale Buckles ("Father") were divorced in 1994. Mother was awarded custody of the parties' minor son. In 2001, Father first sought increased visitation and then custody. Mother claimed Father was in arrears in his child support payments. After a trial, the trial court concluded there had been no material change in circumstances and custody should, therefore, remain with Mother. The trial court determined Father was in arrears in his child support payments in the amount of $13,894. The trial court also prohibited both parties from drinking alcohol "while in possession of the child." Father appeals. We modify the judgment to require the parties to undergo counseling, and affirm as modified.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Thomas R. Frierson, II |
Hawkins County | Court of Appeals | 11/13/02 | |
| State of Tennessee v. John Briggs
E2001-01933-CCA-R3-CD
The appellant, John Briggs, a pharmacist, pled guilty in the Sullivan County Criminal Court to sixteen counts of unlawfully dispensing a controlled substance. The trial court sentenced the appellant to a total effective sentence of twenty years incarceration in the Tennessee Department of Correction, with all but eight years to be served on probation. On appeal, the appellant argues that the trial court erred in denying full probation. 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 R. Jerry Beck |
Sullivan County | Court of Criminal Appeals | 11/13/02 | |
| Connie Lee Arnold v. State of Tennessee - Dissenting
E2001-02526-CCA-R3-PC
I respectfully dissent. I believe the pro se petition sufficiently complies with the 1995 Post-Conviction Procedure Act and states a colorable claim for relief.
Authoring Judge: Judge Joseph M. Tipton
Originating Judge:Judge Robert E. Cupp |
Carter County | Court of Criminal Appeals | 11/13/02 | |
| State of Tennessee v. Kenneth R. Laws
E2001-00375-CCA-R3-CD
The Defendant was charged with aggravated child abuse, a Class A felony. Pursuant to a plea agreement, the Defendant entered a "best interest" plea to abuse of a child under six years of age, a Class D felony, and the trial court sentenced the Defendant to a three-year term with the manner of service of the sentence to be determined following a sentencing hearing. Following a hearing, the trial court ordered the Defendant to serve the three-year sentence in the Tennessee Department of Correction. The Defendant now appeals, arguing that the trial court abused its discretion in denying judicial diversion and erred in denying alternative sentencing. We conclude that the record supports the trial court's denial of judicial diversion and alternative sentencing. Therefore, we affirm the judgment of the trial court.
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Judge Robert E. Cupp |
Washington County | Court of Criminal Appeals | 11/13/02 | |
| State of Tennessee v. Venita Michelle Burchell
M2001-02153-CCA-R3-CD
Venita Michelle Burchell appeals from her aggravated child abuse and criminally negligent homicide convictions. Her convictions result from a jury trial in the Davidson County Criminal Court pertaining to fatal injuries inflicted upon Nicholas Boyd Cotton, who was sixteen months old at the time of his death. Ms. Burchell urges us to find error in the lower court's acceptance of the verdict, the admission of prior bad act evidence, and the limiting of defense expert testimony. Because no harmful error occurred, we affirm.
Authoring Judge: Judge J. Curwood Witt, Jr.
Originating Judge:Judge Seth W. Norman |
Davidson County | Court of Criminal Appeals | 11/13/02 | |
| Kanta Keith, et al vs. Gene Ervin Howerton, et al
E2002-00704-COA-R3-CV
This case is on appeal for the second time. In the first appeal, we held that the defendants violated the Tennessee Consumer Protection Act ("the Act") in certain pawn transactions with the plaintiffs. We remanded the case to the trial court for a determination of whether the plaintiffs were entitled to treble damages and attorney's fees under the Act. Following a bench trial on these issues, the court below determined that the plaintiffs were not entitled to treble damages, but that they were entitled to a slight augmentation of their compensatory awards. In addition, the trial court awarded attorney's fees and costs, in amounts which are substantially less than those claimed by counsel. The plaintiffs appeal, arguing that the trial court erred in refusing to award treble damages and in its award of fees and costs. By way of a separate issue, the defendants argue that the trial court erred in granting a declaratory judgment to the plaintiff, Kanta Keith ("Mr. Keith"), following the death of his wife, the plaintiff, Darlene Keith ("Mrs. Keith"). We affirm in part, vacate in part and remand.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Dale C. Workman |
Knox County | Court of Appeals | 11/13/02 | |
| David Lunsford v. State of Tennessee
E2002-00861-CCA-R3-PC
The petitioner appeals the denial of his post-conviction relief petition, arguing his trial counsel was ineffective for failing to locate an alibi witness for his aggravated burglary trial. We affirm the judgment of the post-conviction court, which found trial counsel made reasonable efforts to locate the potential witness, and the petitioner was not prejudiced by the inability to present the witness's testimony at trial.
Authoring Judge: Judge Joe G. Riley
Originating Judge:Judge Carroll L. Ross |
Monroe County | Court of Criminal Appeals | 11/13/02 | |
| Lon S. Walker v. State of Tennessee
M2001-01090-CCA-R3-PC
Petitioner, Lon Walker, filed a petition for post-conviction relief from his conviction for second degree murder, alleging that he was denied effective assistance of counsel. Following an evidentiary hearing, the post-conviction court denied relief. In his appeal to this court, Petitioner raises the issue of whether the trial court erred in finding that Petitioner received effective assistance of counsel at trial. After a careful review, we affirm the judgment of the post-conviction court.
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Judge Leon C. Burns, Jr. |
Putnam County | Court of Criminal Appeals | 11/13/02 | |
| James Thompson vs. Knoxville Teachers Federal Credit Union
E2002-00780-COA-R3-CV
James L. Thompson ("Plaintiff") was the principal stockholder, director, and officer of People Personnel Industrial Corporation. Plaintiff began kiting checks when the corporation started having financial difficulties. Plaintiff's actions resulted in a substantial monetary loss to Knoxville Teachers Federal Credit Union ("Credit Union"). After both the corporation and Plaintiff filed for bankruptcy, the parties entered into an agreement whereby the Credit Union agreed not to pursue or assist any other party in pursuing a cause of action against Plaintiff based on the check kiting. Thereafter, Plaintiff was prosecuted in federal court. The Credit Union supplied information to the United States Government pertaining to the amount of its financial losses. After Plaintiff pled guilty in federal court to defrauding the Credit Union, he was ordered to serve a small amount of time in prison and pay restitution of $74,417.29 to the Credit Union. Plaintiff brought this lawsuit claiming the Credit Union pursued the order of restitution in the criminal proceeding and thereby violated the terms of the settlement agreement. The Trial Court granted summary judgment to Defendants, and Plaintiff appeals. We affirm.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Daryl R. Fansler |
Knox County | Court of Appeals | 11/13/02 | |
| State of Tennessee v. Howard Duty, Jr.
E2001-03008-CCA-R3-CD
A Sullivan County Criminal Court jury convicted the defendant, Howard Duty, Jr., of stalking, a Class A misdemeanor, and the trial court sentenced him to eleven months, twenty-nine days at seventy-five percent and imposed a one thousand dollar fine. The defendant appeals, claiming (1) that the evidence is insufficient to support his conviction, (2) that his sentence is excessive, and (3) that he should have received an alternative sentence. We affirm the judgment of the trial court.
Authoring Judge: Judge Joseph M. Tipton
Originating Judge:Judge R. Jerry Beck |
Sullivan County | Court of Criminal Appeals | 11/13/02 | |
| Marisa Lovin vs. Charles Nave
E2002-00686-COA-R3-CV
Marisa R. Lovin ("Plaintiff") was involved in a one car accident on her way home from Dr. Charles E. Nave's ("Defendant") dental office. Although Plaintiff has no memory of the accident itself, she claims she suffered an adverse reaction to an anesthetic agent administered by Defendant, which caused the car accident. Plaintiff sued Defendant for dental malpractice claiming Defendant failed to warn her about potential side effects of the anesthesia and did not properly manage her treatment after administering the anesthetic agent. The Trial Court granted Defendant summary judgment. Plaintiff appeals. We affirm.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Ben W. Hooper, II |
Sevier County | Court of Appeals | 11/13/02 | |
| TZE-Pong "Raymond" Ku vs. State
E2002-01076-COA-R3-CV
Tze-Pong "Raymond" Ku ("Plaintiff") is a student at the East Tennessee State University College of Medicine ("College"). After completing his first two years of study, Plaintiff was required to take the USMLE Step 1 examination. He took this examination and failed. Thereafter, the College removed Plaintiff from his third year clerkships and eventually created a list of requirements he had to meet in order to be allowed to resume his classes. After successfully suing the College in federal court based on a procedural due process violation, Plaintiff brought the present lawsuit for damages against the State of Tennessee claiming breach of written contract, to wit: his letter of acceptance to the College and the College's student handbook. The Claims Commission concluded these documents did not constitute a written contract and dismissed the lawsuit for lack of subject matter jurisdiction. Plaintiff appeals, and we affirm.
Authoring Judge: Judge David Michael Swiney
|
Court of Appeals | 11/12/02 | ||
| Jack & Ruth Parnell vs. Delta Airlines
E2002-00589-COA-R3-CV
The Trial Court granted defendants summary judgment by finding defendants' conduct did not constitute outrageous conduct. We affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:W. Neil Thomas, III |
Hamilton County | Court of Appeals | 11/12/02 | |
| Howard R. Sullins, Jr. v. Winn's Precision, Inc., et al.
M2001-02625-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. This is a carpal tunnel syndrome complaint involving the plaintiff's right arm. He had previously suffered a ruptured biceps tendon involving his right arm, and returned to work after successful surgery. At the time of trial he was still employed and had not been treated for carpal tunnel syndrome for eighteen months. The trial judge found that the plaintiff had a vocational disability of 5 percent to his right arm. We affirm.
Authoring Judge: William H. Inman, Sr. J.
Originating Judge:C. K. Smith, Chancellor |
Wilson County | Workers Compensation Panel | 11/12/02 | |
| Tennessee Sports Complex vs. Lenoir City Beer Board
E2001-02481-COA-R3-CV
The Trial Court revoked appellant's permit to sell beer in Lenoir City. On appeal, we affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Frank V. Williams, III |
Loudon County | Court of Appeals | 11/12/02 | |
| Jimmy Rhodes v. City of Monteagle
M2001-01584-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 court found the suit barred by the statute of limitations and granted summary judgment in favor of the City of Monteagle. We affirm.
Authoring Judge: Gray, Sp.J.
Originating Judge:Hon. Buddy D. Perry, Judge |
Grundy County | Workers Compensation Panel | 11/12/02 | |
| Cathy Mccarson v. Aqua Glass Corporation
M2001-03085-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 plaintiff attributed a host of complaints to the rigors of her employment as gradually occurring or occupationally based. The medical proof was varied and indecisive leading the trial judge to conclude that she failed to carry the burden of proof. We affirm.
Authoring Judge: William H. Inman, Sr. J.
Originating Judge:Leonard W. Martin, Judge |
Humphreys County | Workers Compensation Panel | 11/12/02 |