Please enter some keywords to search.
| Thomas Dyer v. TDOC
M2001-01446-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:William C. Koch |
Davidson County | Court of Appeals | 02/22/02 | |
| Nicole Keeler v. Michael Keeler
M2001-00684-COA-R3-CV
In this divorce case, the trial court awarded the parties joint custody of their minor children, with primary physical custody awarded to the father. The mother contends on appeal that she is the more fit parent and should have been given primary custody. We affirm the trial court.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Carol A. Catalano |
Montgomery County | Court of Appeals | 02/22/02 | |
| James Emmett Moses, Jr. v. State of Tennessee
W2001-01394-CCA-R3-PC
The Petitioner pleaded guilty to one count of aggravated burglary, two counts of robbery and one count of theft under $500.00. Following a sentencing hearing, the trial court sentenced the Petitioner as a Range III persistent offender to twelve years for the aggravated burglary conviction, thirteen years for each of the robbery convictions, and eleven months and twenty-nine days for the misdemeanor theft conviction. The sentencing court imposed consecutive sentences for the robbery convictions, resulting in an effective sentence of twenty-six years in the Tennessee Department of Correction. This Court affirmed the sentences on appeal, and the Tennessee Supreme Court denied the Petitioner's application for permission to appeal. The Petitioner subsequently filed for post-conviction relief, claiming that his plea was constitutionally defective because he was inadequately represented and that his plea was not voluntarily, knowingly, and intelligently entered. The trial court denied relief. After review, we affirm the judgment of the trial court.
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Judge Joseph H. Walker, III |
Lauderdale County | Court of Criminal Appeals | 02/22/02 | |
| Harrison M.X. Pearison v. Donal Campbell,
M2000-01105-COA-R3-CV
Originating Judge:Carol L. Soloman |
Davidson County | Court of Appeals | 02/22/02 | |
| Tony Makoka v. Howard Cook
M2001-01013-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 02/22/02 | |
| Estate of Theresa Cunningham
M2001-01965-COA-R3-CV
The plaintiff filed a claim against the estate of the deceased more than eighteen months after the first publication of notice to creditors and twenty months after her death. The trial court granted him a judgment against the estate for the full amount of his claim. We reverse.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Floyd Don Davis |
Franklin County | Court of Appeals | 02/22/02 | |
| Lisa Davis v. Charles Jensen
M2001-00973-COA-R3-CV
Appellant, an incarcerated prisoner in the Department of Corrections of California, appeals the action of the Juvenile Court of Williamson County in terminating his parental rights to his biological child. He refused to participate in the termination hearing by means of telephonic communication as authorized by the trial court demanding, instead, that the trial court either continue the case until after his release from confinement, or have him transported from California to Williamson County for personal participation. The trial court held that he waived his right to participation in the termination proceedings and terminated his parental rights. We affirm the trial court.
Originating Judge:Alfred L. Nations |
Williamson County | Court of Appeals | 02/22/02 | |
| William Steele v. Richard Berkman
M2001-02250-COA-R10-CV
This appeal arises from a medical malpractice complaint filed by the Appellees in the Circuit Court of Davidson County against the Appellant, six other doctors, and two hospitals. The Appellant filed a motion for summary judgment. The trial court denied the Appellant's motion for summary judgment. The Appellant filed an application for extraordinary appeal with this Court pursuant to Rule 10 of the Tennessee Rules of Appellate Procedure. This Court granted the application for extraordinary appeal. For the reasons stated herein, we reverse the trial court's denial of summary judgment against the Appellant.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Hamilton V. Gayden, Jr. |
Davidson County | Court of Appeals | 02/22/02 | |
| Tony Makoka v. Howard Cook
M2001-01013-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 02/22/02 | |
| Christy Bauer vs. William Bauer
M2001-00266-COA-R3-CV
In this divorce case, the Trial Court awarded custody of the child of the parties to the mother, and awarded attorney fees to the mother. Father has appealed these awards. We affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Russell Heldman |
Williamson County | Court of Appeals | 02/22/02 | |
| W2001-01941-COA-R3-JV
W2001-01941-COA-R3-JV
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Christy R. Little |
Madison County | Court of Appeals | 02/22/02 | |
| Jack Charles Blankenship v. Donal Campbell, et al
M2001-01014-COA-R3-CV
This appeal involves a dispute between a prisoner and the Tennessee Department of Correction regarding the prisoner's sentence credits and eligibility for parole. The prisoner filed a petition for declaratory judgment in the Chancery Court for Davidson County requesting the correction of his sentence and an immediate parole hearing. The Department filed a motion for summary judgment based on laches. When the prisoner failed to respond to the motion, the trial court granted the summary judgment in accordance with Davidson County Local R. 26.04(c), (f). Thereafter, the trial court denied the prisoner's motion to set aside the summary judgment, and the prisoner has appealed. We have determined that the summary judgment must be vacated because the Department's motion and supporting affidavit do not demonstrate that it is entitled to a judgment on its laches defense as a matter of law.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Carol L. Mccoy |
Davidson County | Court of Appeals | 02/22/02 | |
| Paul Ivy v. Tennessee Department of Correction
M2001-01219-COA-R3-CV
This appeal involves a dispute between a prisoner and the Department of Correction regarding a disciplinary proceeding at the Deberry Special Needs Facility in Davidson County. The prisoner filed a petition for writ of certiorari in the Chancery Court for Davidson County alleging the disciplinary board acted illegally, arbitrarily, and vindictively by violating the Department's Uniform Disciplinary Procedures when it disciplined him for attempted escape. The Department filed a Tenn. R. Civ. P. 12.02(6) motion to dismiss, and the trial court, citing Sandin v. Conner, 512 U.S. 472, 115 S.Ct. 2293 (1995), dismissed the petition. The prisoner has appealed. We have determined that the order dismissing the prisoner's petition should be reversed in part and that the case should be remanded for further consideration in light of Willis v. Tennessee Dep't of Corr., 113 S.W.3d 706 (Tenn. 2003).
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Carol L. Mccoy |
Davidson County | Court of Appeals | 02/22/02 | |
| State of Tennessee v. Jeret Phillips
E2001-00987-CCA-R3-CD
Defendant, Jeret Phillips, appeals from the order of the Sullivan County Criminal Court which revoked Defendant's probation and required him to serve his sentence in the Tennessee Department of Correction. After a thorough review of the record, we affirm the judgment of the trial court.
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Judge Phyllis H. Miller |
Sullivan County | Court of Criminal Appeals | 02/22/02 | |
| State of Tennessee v. Billy Harold Arnold
E2000-03157-CCA-R3-CD
The defendant, Billy Harold Arnold, appeals his misdemeanor theft conviction for which the Sullivan County Criminal Court sentenced him to eleven months twenty-nine days, all suspended except for thirty days confinement, "day for day." He contests the sufficiency of the evidence, the admission into evidence of prior similar conduct, and his sentence. We affirm the trial court, although we also note that a "day for day" term of confinement does not bar application of relevant good conduct credit statutes.
Authoring Judge: Judge Joseph M. Tipton
Originating Judge:Judge Phyllis H. Miller |
Sullivan County | Court of Criminal Appeals | 02/22/02 | |
| State vs. Walter Lee Allen
E1998-00416-SC-R11-CD
Authoring Judge: Justice Janice M. Holder
Originating Judge:Ben W. Hooper, II |
Jefferson County | Supreme Court | 02/22/02 | |
| Mark Tinsley v. Suzanne Tinsley
M2001-02319-COA-R3-CV
Mother sought modification of child support and a judgment against Father for contempt in the form of retroactive child support due to his failure to supply her with a yearly statement of his income as required by the final divorce decree. The trial court ordered a modification of the prospective child support, determining the amount of the obligation by averaging Father's fluctuating income for the three years prior to the hearing and awarded Mother a $54,192.00 judgment for retroactive child support during the five years that Father failed to provide his income statements to Mother. Because the trial court correctly calculated the prospective child support obligation, we affirm the amount of Father's monthly obligation in the amount of $1,300.00 from the date the petition was filed. However, because the trial court has no authority to award retroactive child support modification, we vacate the $54,192.00 judgment for retroactive child support. We remand the case for further proceedings to set reasonable attorney fees.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Robert E. Burch |
Cheatham County | Court of Appeals | 02/22/02 | |
| State of Tennessee v. Timothy S. Oglesby
M2000-02134-CCA-R3-CD
The appellant, Timothy S. Oglesby, pled guilty to the offense of felonious possession of a weapon. He received a two (2)-year sentence. Contemporaneously with the entry of the guilty plea the appellant and the State entered an agreed order purporting to reserve a certified question of law for appeal pursuant to Tennessee Rule of Criminal Procedure 37(b)(2)(i). The certified question of law alleged to be dispositive of the case is stated in the agreed order as “the denial of his suppression motion.” We hold that the absence in the judgment of the certified question of law or of a statement incorporating the agreed order into the judgment compels a dismissal of this appeal. In addition, the failure of the agreed order to set forth the certified question with sufficient specificity compels the dismissal of this appeal even if the agreed order had been incorporated by reference into the judgment.
Authoring Judge: Judge Jerry L. Smith
Originating Judge:Judge L. Craig Johnson |
Coffee County | Court of Criminal Appeals | 02/21/02 | |
| Omawali Shabazz, aka Fred Edmond Dean vs. Greeley Wells
E2001-02315-COA-R3-CV
In this suit, wherein Omawali Ashanti Shabazz, a/k/a, Fred Edmond Dean, seeks to acquire certain materials held in the office of the District Attorney General. The Trial Court denied the relief he sought because, under Tenn.R.Crim. P. 16, he was not entitled to the material while a post-conviction proceeding was pending. We affirm.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:R. Jerry Beck |
Sullivan County | Court of Appeals | 02/21/02 | |
| Omawali Shabazz, aka Fred Edmond Dean vs. Greeley Wells
E2001-02315-COA-R3-CV
In this suit, wherein Omawali Ashanti Shabazz, a/k/a, Fred Edmond Dean, seeks to acquire certain materials held in the office of the District Attorney General. The Trial Court denied the relief he sought because, under Tenn.R.Crim. P. 16, he was not entitled to the material while a post-conviction proceeding was pending. We affirm.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:R. Jerry Beck |
Sullivan County | Court of Appeals | 02/21/02 | |
| State/Mae Clark vs. Charles Clark
W2001-01896-COA-R3-CV
This appeal involves an obligor parent's failure to comply with court ordered child support obligations. The State of Tennessee, on behalf of a custodial parent, sought to reduce arrearage in the obligations to judgment. The State was successful and the custodial parent was awarded $14,000.00 in arrearage. The obligor parent appealed and, for the following reasons, we affirm the lower court's decision.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Clayburn L. Peeples |
Haywood County | Court of Appeals | 02/20/02 | |
| Eagle Vision vs. Odyssey Medical
W2001-01772-COA-R3-CV
This is an action for misappropriation of trade secrets in which the manufacturer of a surgical product allegedly misappropriated the product design and marketed a competing product after the developer discontinued its relationship with manufacturer. Trial court granted summary judgment in favor of manufacturer on all claims. We reverse and remand.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:D. J. Alissandratos |
Shelby County | Court of Appeals | 02/20/02 | |
| Angela Lem Mons v. P & P Enterpr Ises, Llc
M2001-00616-WC-R3-CV
The employee appeals the finding of the trial court that she failed to carry her burden of proof that her injuries arose out of and in the course of her employment. We affirm the judgment of the trial court.
Authoring Judge: Howell N. Peoples, Special Judge
Originating Judge:James E. Walton, Judge |
Robertson County | Workers Compensation Panel | 02/20/02 | |
| State of Tennessee v. Gonzalo Moran Garcia
M2000-01760-CCA-R3-CD
The appellant, Gonzalo Moran Garcia, appeals his conviction by a jury in the Davidson County Criminal Court of one count of possession of one thousand grams or more of methamphetamine with intent to deliver, a class A felony. He raises the following issues for our review: (1) whether the trial court erred in denying his pre-trial motion to suppress; (2) whether the trial court erred in admitting at trial the testimony of Daniel A. Rosales, an officer employed by the Houston Police Department in Texas; (3) whether the evidence underlying the appellant’s conviction is sufficient; and (4) whether the trial court erred in rejecting his proposed jury instructions. Following a thorough review f the record and the parties’ briefs, we reverse the judgment of the trial court and remand this case
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:Judge Steve R. Dozier |
Davidson County | Court of Criminal Appeals | 02/20/02 | |
| Marilyn Yount v. Bruce Yount
M2001-01335-COA-R3-CV
The trial court granted a divorce to the wife, and awarded her alimony in futuro of $2,000 per month. The husband argues on appeal that the wife does not need any alimony, and that he himself does not have the ability to pay the alimony. The proof shows that he does indeed have the ability to pay, but that the wife's needs are more appropriately served by an award of rehabilitative alimony. We modify the alimony award accordingly.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Carol A. Catalano |
Montgomery County | Court of Appeals | 02/20/02 |