| James Crawford vs. Ray Thomason, et al
M1998-00926-COA-R3-CV
This appeal stems from a hostile work environment claim involving the Department of Streets and Signs of the City of Murfreesboro. After enduring approximately three years of racial harassment by his immediate supervisors, an employee of the Department of Streets and Signs filed suit in the Chancery Court for Rutherford County against the City of Murfreesboro, the city manager, and his two supervisors seeking damages and injunctive relief under the Tennessee Human Rights Act. The City moved for summary judgment, pointing out that the offending supervisors had been terminated less than one month after the employee brought their conduct to the attention of the public works director. The trial court granted the summary judgment and dismissed the complaint. The employee has appealed. After reviewing the record in light of the principles announced in Parker v. Warren County Util. Dist., 2 S.W.3d 170 (Tenn. 1999), we have determined that the City is entitled to a judgment as a matter of law. Accordingly, we affirm the summary judgment.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Robert E. Corlew, III |
Rutherford County | Court of Appeals | 03/28/01 | |
| City of Knoxville, et al vs. Robert J. Taylor, et al
E2000-02329-COA-R3-CV
This is an appeal from a judgment entered in the Chancery Court for Knox County imposing certain punishment as to two members of the Knoxville Police Force, Officer Robert J. Taylor and his father, Sergeant Dick Taylor. The Administrative Hearing Officer at the initial hearing found no misconduct on the part of the Taylors which would justify any penalty. The Taylors appeal contending the Chancellor was in error and there was substantial and material evidence to support the Hearing Officer's determination. As to Sergeant Taylor we reverse the Chancellor's determination and as to Officer Taylor we affirm.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Sharon J. Bell |
Knox County | Court of Appeals | 03/28/01 | |
| State of Tennessee v. Donald Johnson, Jr.
W2000-00875-CCA-R3-CD
Defendant was convicted by a Shelby County jury of felony murder and received a life sentence. In this appeal, defendant alleges: (1) the trial court erred in failing to suppress both his oral and written statements given to authorities; and (2) the state improperly exercised its peremptory challenges based upon race and gender. Upon our review, we are unable to resolve the suppression issue due to inadequate findings of fact and, therefore, remand for further findings regarding the oral and written statements. We conclude the trial court correctly ruled that there were legitimate race and gender-neutral reasons for the peremptory challenges. The judgment of the trial court is vacated, and the case is remanded for further findings and/or proceedings.
Authoring Judge: Judge Joe G. Riley
Originating Judge:Judge Bernie Weinman |
Shelby County | Court of Criminal Appeals | 03/28/01 | |
| Robert M. Sneed v. State of Tennessee
E2000-02213-CCA-R3-PC
The Defendant was convicted of DUI, second offense, and driving on a revoked license, second offense. His convictions were affirmed on direct appeal, and he subsequently filed for post-conviction relief, which was denied. In this appeal, the Defendant contends that the post-conviction court erred in denying his request for post-conviction relief, arguing that he was denied the effective assistance of counsel at trial; that he was denied a fair trial because the trial judge refused to recuse himself; and that the post-conviction court erred in refusing to admit certain evidence. We affirm the denial of the Defendant's request for post-conviction relief.
Authoring Judge: Judge David H. Welles
Originating Judge:Judge R. Jerry Beck |
Sullivan County | Court of Criminal Appeals | 03/28/01 | |
| State of Tennessee v. Tyrone Pierce
W2000-00571-CCA-R3-CD
The defendant pled guilty to criminal attempt to commit aggravated sexual battery, a Class C felony. Pursuant to a plea agreement he agreed to a three-year sentence as a Range I Standard Offender, with the manner of service to be determined after a hearing by the trial court. The trial court sentenced the defendant to serve 270 days in the workhouse on weekends ("day for day") from 7:00 p.m. on Fridays to 7:00 p.m. on Sundays and five years probation with a 10:00 p.m. curfew on weekdays. The defendant contends he should have received full probation or some other less restrictive form of alternative sentencing. We affirm the trial court's denial of full probation but modify the time of service in the workhouse on weekends to 104 days.
Authoring Judge: Judge John Everett Williams
Originating Judge:Judge Bernie Weinman |
Shelby County | Court of Criminal Appeals | 03/27/01 | |
| Kristin Huntley vs. William Huntley
E2000-01718-COA-R3-CV
In this child support modification action, the Trial Court held that a significant variance existed between William Sidney Huntley's ("Defendant") child support obligation set by the parties' Marital Dissolution Agreement ("MDA") and the amount mandated by the Child Support Guidelines ("Guidelines"). The Trial Court ordered an increase in child support consistent with the Guidelines. Because the Guidelines' flat percentage amount of child support totaled approximately $6,600 per month, the Trial Court ordered it be divided between child support payments of $3,100 and payments to a non-educational trust ("Trust") in the amount of $3,500. Defendant appeals and primarily contends that his child support obligation should not be increased to the Guidelines' flat percentage amount because that amount exceeds a reasonable amount of child support and because the MDA controls his child support obligation despite any increases in his income. Kristin B. Huntley ("Plaintiff") also raises issues on appeal, primarily regarding the Trust. We affirm.
Authoring Judge: Judge David Michael Swiney
Originating Judge:W. Neil Thomas, III |
Hamilton County | Court of Appeals | 03/27/01 | |
| Craig Tatman vsl. Fort Sanders Medical Center
E2000-02163-COA-R3-CV
Craig Tatman ("Plaintiff"), a devout Jehovah's Witness, underwent heart surgery at Fort Sanders Regional Medical Center ("Defendant"). Prior to the surgery, the attending physician and Defendant were specifically informed that Plaintiff was not to receive any blood or blood products. While Plaintiff was recovering from the surgery, he experienced a dramatic decrease in blood pressure. The attending critical care nurse forgot that Plaintiff was a Jehovah's Witness and administered Protenate, a protein fraction derived from human plasma. This was contrary to Plaintiff's religious tenets. At trial, Defendant admitted that a medical battery had taken place. The only issue presented to the jury was compensatory damages resulting from the medical battery. No jury instruction was requested or given regarding nominal damages. The jury awarded no compensatory damages. Plaintiff filed a motion requesting an additur or a new trial. Plaintiff's motion was denied, and Plaintiff appeals. We affirm.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Wheeler A. Rosenbalm |
Knox County | Court of Appeals | 03/27/01 | |
| Leon William G.C. vs. D.F. Shoffner Inc.
E2000-01877-COA-R3-CV
This is a suit by a general contractor against a sub-contractor for breach of contract and negligence in installing heating, ventilation and air conditioning equipment. The Trial Court granted summary judgment in favor of the sub-contractor, resulting in this appeal. We find in light of the Supreme Court case of Harris v. Chern, which was delivered after the Trial Court ruled on the motion to alter or amend, that the order overruling the motion should be vacated and the Trial Court should reconsider it in light of Harris. We accordingly vacate the order overruling the motion to alter or amend, and remand.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:W. Dale Young |
Blount County | Court of Appeals | 03/27/01 | |
| Milburn L. Edwards v. State of Tennessee
W2000-00043-CCA-R3-PC
In 1982, the Petitioner pled guilty in Shelby County to two counts of rape, three counts of robbery, one count of robbery with a deadly weapon, four counts of burglary, one count of attempted burglary, one count of first degree criminal sexual conduct, one count of assault with intent to commit criminal sexual conduct, and one count of a crime against nature. The Petitioner received an effective sentence of ten years. In 1991, the Petitioner was convicted in Davidson County of twenty-one counts of rape, one count of aggravated rape, two counts of first-degree burglary, one count of second-degree burglary, two counts of aggravated burglary, one count of robbery, and one count of assault with intent to commit rape. In 1997, the Petitioner filed a post-conviction petition challenging his 1982 convictions and sentence. Following an evidentiary hearing, the trial court concluded that the Petitioner's petition for post-conviction relief was barred by the statute of limitations. The Petitioner now appeals the trial court's ruling. We affirm the judgment of the trial court.
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Judge Arthur T. Bennett |
Shelby County | Court of Criminal Appeals | 03/27/01 | |
| Kenneth Weston vs. State
E1998-02620-SC-R11-PC
We granted review in this cause to determine whether the trial court exceeded the authority granted upon remand when it permitted Kenneth Lee Weston to amend his post-conviction petition and when it ruled on the amended petition. Because we find that the trial court was without authority to allow the amendment, we vacate all orders pertaining to the amended petition and remand the cause to the Court of Criminal Appeals for a first-tier review of the trial court's denial of the original unamended petition for post-conviction relief.
Authoring Judge: Justice Adolpho A. Birch, Jr.
Originating Judge:Richard R. Baumgartner |
Knox County | Supreme Court | 03/27/01 | |
| Deborah Davis vs. Jerry Davis
E1999-02737-COA-R3-CV
This appeal from the Hamilton County Circuit Court questions whether the Trial Court erred in failing to approve Ms. Davis's Statement of the Evidence, in retroactively modifying child support, in determining the amount of Mr. Davis's mortgage obligation to Ms. Davis, and in determining the amount of attorney's fees Mr. Davis was ordered to pay Ms. Davis. We affirm the judgment of the Trial Court as modified and remand with directions.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Samuel H. Payne |
Hamilton County | Court of Appeals | 03/27/01 | |
| Margaret Akins vs. Pauline Clark, et al
E2000-02337-COA-R3-CV
Margaret Akins ("Plaintiff") stood to inherit a farm and stock from her close friend, Josephine A. Notgrass ("Notgrass"), through specific bequests ("Bequests") in Notgrass' will. After Notgrass' will ("Will") was executed, Notgrass and Plaintiff formed a limited partnership ("Limited Partnership") in an effort to save estate taxes. Notgrass held a substantially higher interest in the Limited Partnership than Plaintiff and was the sole general partner. Notgrass transferred to the Limited Partnership the farm and stock which were the subject of the Bequests. After Notgrass' death, Plaintiff, who also is the personal representative of Notgrass' estate, filed a declaratory judgment action, seeking an order from the Trial Court regarding how to distribute the assets of the Limited Partnership. The Trial Court held that the transfer of the farm and stock to the Limited Partnership did not materially change or alter those assets, and, therefore, the transfer did not result in an ademption by extinction of the Bequests. As a result, the Trial Court held that Plaintiff was entitled to inherit the farm and stock pursuant to the Bequests. Fourteen of the twenty one named residuary beneficiaries ("Defendants") appeal. We reverse.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Lawrence H. Puckett |
Monroe County | Court of Appeals | 03/26/01 | |
| William H. Davis vs. Daira F. Davis
E2000-02678-COA-R3-CV
This appeal from the Cocke County Circuit Court questions whether the trial court erred in dividing the marital estate. Mr. Davis appeals the trial court's valuation of his closely held corporation, the payment of some debt by Mr. Davis, and the award of permanent periodic alimony to Ms. Davis. We affirm the decision of the trial court as modified and remand for such further proceedings, if any, consistent with this opinion. We adjudge costs of the appeal against the Appellant, William H. Davis and his surety.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Ben W. Hooper, II |
Cocke County | Court of Appeals | 03/26/01 | |
| Gaf Building Materials v. Bobby R. George
M2000-00951-WC-R3-CV
In this appeal, the employer insists the trial court erred in the finding that the employee's carpal tunnel syndrome is causally related to the employment and that the award of permanent partial disability benefits is excessive. The employee insists the trial court erred in not awarding medical expenses. As discussed below, the panel has concluded the judgment should be modified and, as modified, affirmed.
Authoring Judge: Joe C. Loser, Sp. J.
Originating Judge:Carol L. Mccoy, Chancellor |
Davidson County | Workers Compensation Panel | 03/26/01 | |
| 2000-02174-COA-R3-CV
2000-02174-COA-R3-CV
Originating Judge:Thomas J. Seeley, Jr. |
Washington County | Court of Appeals | 03/26/01 | |
| In Re: Estate of Martha Woodard
E2000-02219-COA-R3-CV
This declaratory judgment action focuses on a dispute among three adult children concerning the ownership of certain funds in their mother's estate. In earlier litigation relating to the administration of the estate of the children's father, a chancellor found the same funds had been owned by the children's parents as tenants by the entireties and directed that the funds be transferred out of the father's estate, and "deposited to [the mother's] account." The children's mother died approximately four months after the entry of the chancellor's order. At the time of her death, the funds were still in the father's estate due to the fact that the executrix of his estate, who was also the mother's attorney-in-fact, had failed to transfer the funds into her mother's name. The mother's will made several specific bequests, including a bequest, to the petitioner in the instant case, of "all of [sic] money deposited in the First Tennessee Bank." The petitioner filed this suit seeking a declaration that the funds should be treated as constructively having been placed in the mother's checking account at First Tennessee Bank. The trial court granted such relief, and the respondents, the other two children, now appeal. We reverse.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Robert G. Lincoln |
Washington County | Court of Appeals | 03/26/01 | |
| Daniel Lowe vs. Faytella Lowe
E2000-01456-COA-R3-CV
In this divorce case, the trial court dissolved a childless marriage of 5 1/2 years. Daniel Ed Lowe ("Husband") appeals, arguing that the trial court erred (1) in declaring the parties' antenuptial agreement void and (2) in granting Faytella D. Lowe ("Wife") half of the increase in value of Husband's retirement benefits accrued during the marriage. We affirm.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Lawrence H. Puckett |
Bradley County | Court of Appeals | 03/26/01 | |
| Roy Schrimsher vs. Sherry Schrimsher
E2000-02169-COA-R3-CV
This is a post divorce custody dispute. Mother seeks custody of the two minor children because she believes the children are dependent and neglected. Father seeks an increase in child support for the children. Mother requested the Trial Judge to hear the testimony of the children who were 12 and 11 at the time. The children were the witnesses to the acts complained of in the petition to change custody. Mother could only present hearsay evidence from the children. The Trial Judge refused to hear the testimony of the children and continued custody with Father and increased Mother's child support. Mother then filed this appeal. We vacate the decision of the trial court and remand for the purpose hereinafter set out.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:John B. Hagler, Jr. |
Monroe County | Court of Appeals | 03/26/01 | |
| Brenda Tipton vs. Richard Jones, et al
E2000-01860-COA-R3-CV
Brenda L. Tipton ("Plaintiff") filed this lawsuit seeking damages for personal injury. Allstate Insurance Company ("Allstate"), Plaintiff's uninsured motorist carrier, filed a motion in limine seeking to exclude portions of the testimony of Plaintiff's treating physician because it was not based upon a reasonable degree of medical certainty. Allstate also claimed that the jury verdict was excessive and it was entitled to a remittitur or a new trial. We affirm the Trial Court's evidentiary rulings and its refusal to grant a remittitur or new trial.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Samuel H. Payne |
Hamilton County | Court of Appeals | 03/26/01 | |
| George Thurman Haynie, Jr. v. State of Tennessee
M2001-01522-CCA-R3-PC
Petitioner, George Thurman Haynie, Jr., filed a petition for post-conviction relief attacking a felony conviction for passing a worthless check and a misdemeanor conviction for passing a worthless check. The Circuit Court of Williamson County dismissed the petition and Petitioner now appeals. After a thorough review of the record, the pro se brief filed by the Appellant, the brief filed by the State, and the applicable law, we affirm the judgment of the trial court.
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Judge Timothy L. Easter |
Williamson County | Court of Criminal Appeals | 03/26/01 | |
| State of Tennessee v. Pharez N. Price
M2000-01227-CCA-R3-CD
The defendant was convicted by a Lewis County jury of criminal responsibility for facilitation of a felony and possession of drug paraphernalia. The underlying felony conviction was for possession of cocaine in an amount of .5 gram or more with intent to sell or deliver. The defendant's brother pled guilty to this felony, a Class B felony. The defendant was sentenced as a Range II, multiple offender to nine years in continuous confinement on the facilitation conviction and eleven months and twenty-nine days in the workhouse on the drug paraphernalia conviction, with the sentences to be served concurrently for an effective sentence of nine years. In this appeal as of right, the defendant contends that his sentence on the facilitation conviction was inappropriate both as to length and manner of service. Having reviewed the limited record, we conclude that the sentence is appropriate and therefore affirm the decision of the trial court.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Judge Timothy L. Easter |
Lewis County | Court of Criminal Appeals | 03/22/01 | |
| Donnie Wheeler, et al. v. State of Tennessee - Concurring
M1999-02453-CCA-R3-PC
I concur in the results reached by the majority on all of the issues and in the rationales employed to reach the results in all but one issue, that being the ineffectiveness of counsel regarding the failure to instruct the jury on the lesser offense of facilitation. I respectfully would have taken a different approach in resolving this issue.
Authoring Judge: Judge James Curwood Witt, Jr.
Originating Judge:Judge Leon C. Burns, Jr. |
DeKalb County | Court of Criminal Appeals | 03/22/01 | |
| George Milton Brooks v. State of Tennessee
W2000-00214-CCA-R3-PC
The petitioner, George Milton Brooks, appeals as of right from the Dyer County Circuit Court's denial of his petition for post-conviction relief. Petitioner contends that he received ineffective assistance of counsel during his pre-trial proceedings when counsel: (1) failed to investigate all apparent substantial defenses on Petitioner's behalf; (2) failed to assert certain Fourth Amendment violations during the hearing on Petitioner's motion to suppress; and (3) incorrectly advised Petitioner whether he could properly reserve two questions of law for appellate review. After a review of the record, we affirm the judgment of the post-conviction court.
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Judge Lee Moore |
Dyer County | Court of Criminal Appeals | 03/22/01 | |
| State vs. Gerald H. Shaffer
E1998-00106-SC-R11-CD
The Criminal Court for Knox County found that Gerald H. Shaffer had violated the terms of his probation and, on this finding, revoked it. Shaffer appealed and contended that the trial court did not have the authority to revoke probation and that the trial court abused its discretion by basing revocation on new grounds alleged in an amendment to the revocation warrant. The Court of Criminal Appeals affirmed and held that the trial court had the authority to revoke probation and did not abuse its discretion. Because we conclude that the trial court had the authority to revoke Shaffer's probation and did not abuse its discretion in basing the probation revocation on additional grounds alleged in the amendment, we affirm the judgment of the Court of Criminal Appeals.
Authoring Judge: Justice Adolpho A. Birch, Jr.
Originating Judge:Richard R. Baumgartner |
Knox County | Supreme Court | 03/22/01 | |
| Donnie Wheeler, et al. v. State of Tennessee
M1999-02453-CCA-R3-PC
ThePetitioners filed pro-se petitions for post-conviction relief on September 25, 1997, in accordance with the Post Conviction Relief Act. Tenn. Code Ann. § 40-30-101. Amended petitions were subsequently filed by court appointed counsel on November 14, 1997. The Petitioners’ petitions were later dismissed and this appeal followed. In this appeal, the Petitioners set forth several grounds upon which they claim that post-conviction relief should have been granted. Specifically, the Petitioners allege ineffective assistance of counsel, claiming that counsel: failed to file a motion for judgment of acquittal; failed to appeal the judgment of conviction for second degree murder; failed to dismiss two jurors who were alleged to be biased against the Petitioners, which resulted in a denial of their right to a fair and impartial jury; failed to interview and cross-examine a witness of the State’s; and failed to file a motion to suppress photographs that were entered into evidence. Petitioner Donnie Wheeler also contends that post-conviction relief should have been granted because counsel failed to request an instruction on the lesser-included offense of criminal responsibility for the facilitation of a felony, and because the trial court failed to charge the jury with the same lesser-included offense. After careful examination of the issues set forth herein, we affirm the post-conviction court’s denial of post-conviction relief to the Petitioners.
Authoring Judge: Judge John Everett Williams
Originating Judge:Judge Leon C. Burns, Jr. |
DeKalb County | Court of Criminal Appeals | 03/22/01 |
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