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| Peter Greer v. Dept of Correction
M2000-00222-COA-R3-CV
This appeal involves a dispute between a prisoner and the Tennessee Department of Correction regarding a change in the way the Department reports pre-trial sentence credits. Believing that the change increased the length of his sentence, the prisoner filed suit in the Chancery Court for Davidson County to rescind the change. The trial court concluded that the change had not altered the prisoner's sentence expiration date and dismissed the petition. We affirm.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 12/14/00 | |
| Frances Wolfe vs. Kroger Co.
W2000-00281-COA-R3-CV
Plaintiff sued Defendant to recover for injures she received from a fall inside Defendant's store. The trial court granted Defendant's motion for summary judgment. We affirm based on Plaintiff's failure to counter Defendant's evidence that it neither caused the condition which caused the fall nor did it have notice of that condition.
Authoring Judge: Judge David R. Farmer
Originating Judge:James F. Russell |
Shelby County | Court of Appeals | 12/14/00 | |
| Emanuel Johnson vs. Doctor Crans, et al
W2000-01587-COA-R3-CV
Inmate, a State of Wisconsin prisoner in custody at a private correctional facility in Tennessee pursuant to a contract between the State of Wisconsin and the facility, filed a petition for writ of habeas corpus against respondent, the chief executive officer of the private correctional facility and the warden of the private facility. The petition alleges, in substance, that the act of the State of Wisconsin in sending the prisoner to a private correctional facility out of the state waived its jurisdiction over the inmate, voided his sentence, and released him from custody. The trial court dismissed the petition for failure to state a claim upon which relief can be granted, and inmate has appealed. We affirm.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Jon Kerry Blackwood |
Hardeman County | Court of Appeals | 12/14/00 | |
| Jeff Utley, et al vs. Jim Rose, et al
M2000-00941-COA-R3-CV
Two prison inmates sued the Assistant Commissioner of Correction and four other correctional employees for failing to release them from maximum security. The trial court dismissed the suit for failure to state a claim upon which relief can be granted. We affirm.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Carol L. Mccoy |
Davidson County | Court of Appeals | 12/14/00 | |
| Michael Love vs. Dr. Crants
W2000-01518-COA-R3-CV
This case involves the incarceration of the Appellant in the State of Tennessee pursuant to a contract between the Wisconsin Department of Corrections and Corrections Corporation of America. The Appellant filed a petition for habeas corpus relief in the Circuit Court of Hardeman County. The trial court entered an order dismissing the Appellant's for failure to state a claim upon which relief can be granted.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Jon Kerry Blackwood |
Hardeman County | Court of Appeals | 12/14/00 | |
| Brenda Woods vs. Howard Hayden
W2000-02362-COA-R3-CV
The cases on appeal are three actions that were consolidated by Order of the court below. The Defendants in all cases are practicing attorneys. While Appellant's brief is difficult to follow and contains no citations to the record, it appears that she was dissatisfied with the outcome of two cases which were pending in the Chancery Courts of Shelby County, Tennessee. As a result, she sued the attorneys who worked on her behalf as well as her adversaries' counsel.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Joe C. Morris |
Shelby County | Court of Appeals | 12/14/00 | |
| Frankie White, et al vs. Ronnie Gault, et al
M2000-00534-COA-R3-CV
The plaintiff filed a Tenn. R. Civ. P. 60.02 motion, seeking to reinstate his claim after the Supreme Court reversed a decision cited by this court when dismissing his appeal. The trial court denied the motion. We affirm.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:L. Craig Johnson |
Coffee County | Court of Appeals | 12/14/00 | |
| Derrick Jackson v. Dept of Correction
M2000-02065-COA-R3-CV
This appeal involves a dispute between a prisoner and the Department of Correction over the prisoner's loss of sentence credits as punishment for a disciplinary offense. Failing to obtain redress from the Department, the prisoner filed a petition in the Chancery Court for Williamson County alleging that he was being held unlawfully because his sentence had expired. The trial court dismissed the petition, and the prisoner appealed. We have determined that this appeal is now moot because the prisoner has been released from custody. Therefore, we vacate the trial court's order and remand the case with directions to dismiss the prisoner's petition.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Jeffrey S. Bivins |
Williamson County | Court of Appeals | 12/14/00 | |
| Herman Majors, Jr. vs. Detective James Smith
M2000-01430-COA-R3-CV
A man indicted for robbing a convenience store was ultimately acquitted of the crime. He subsequently filed a malicious prosecution suit against the detective who arrested him. The trial court granted summary judgment to the defendant detective. We affirm.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:James E. Walton |
Montgomery County | Court of Appeals | 12/14/00 | |
| Kenneth Lewis vs. Dept. of Correction
M2000-00675-COA-R3-CV
Appellant, a Department of Corrections inmate, appeals the dismissal of his petition for a writ of certiorari relative to disciplinary action by the TDOC resulting from a positive drug screen. We affirm the trial judge.
Authoring Judge: Judge William B. Cain
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 12/14/00 | |
| Ronald L. Davis vs. Hershell D. Koger
M2000-01598-COA-R3-CV
This appeal involves a dispute between a convicted felon and the lawyer appointed to represent him in his efforts to reopen his post-conviction challenge to his conviction. After the efforts to set aside his conviction proved unsuccessful, the prisoner sued the lawyer in the Chancery Court for Maury County arguing that his civil rights had been violated because his lawyer had conspired with the prosecutor and the trial judge to prevent him from obtaining the post-conviction relief to which he believed he was entitled. The lawyer denied these allegations, and the prisoner moved for a summary judgment. On June 15, 2000, the trial court summarily dismissed the prisoner's complaint on two grounds. First, the court concluded that it did not have subject matter jurisdiction to consider claims regarding the denial of the prisoner's request for post-judgment relief. Second, the trial court concluded that the prisoner had failed to state a claim upon which relief can be granted. We affirm the dismissal of the prisoner's complaint.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Stella L. Hargrove |
Maury County | Court of Appeals | 12/14/00 | |
| State vs. Alexander Lee
W1999-01804-CCA-R3-CD
The Appellant, Alexander A. Lee, pled guilty to one count of felony possession of cocaine, a class C felony. The Shelby County Criminal Court sentenced the Appellant to three years, suspended, with nine months to serve in the county workhouse. On appeal, the Appellant contends that the trial judge erred in denying his request for total probation. After review, we find no error. Therefore, the judgment is affirmed.
Authoring Judge: Judge David G. Hayes
Originating Judge:Chris B. Craft |
Shelby County | Court of Criminal Appeals | 12/14/00 | |
| State vs. Terry Johnson
W2000-00749-CCA-R3-CD
A Lauderdale County jury convicted the defendant of felony reckless endangerment, and in this appeal, the defendant claims two errors: (1) The trial court erroneously determined that the eight-year-old victim was competent to testify, and (2) the defendant was denied his right to a unanimous verdict. We find no error requiring reversal and affirm the conviction.
Authoring Judge: Judge J. Curwood Witt, Jr.
Originating Judge:Joseph H. Walker, III |
Lauderdale County | Court of Criminal Appeals | 12/14/00 | |
| Charles Bobo v. Dept. of Corrections
M2000-00517-COA-R3-CV
Appellant, a prison inmate, filed, in the Chancery Court of Davidson County, a Petition for Writ of Certiorari questioning disciplinary actions against him by the Department of Corrections. The petition was dismissed by the Chancellor with costs assessed against Appellant. Appellant then sought exemption of his inmate trust account from execution for costs asserting that Tennessee Code Annotated Section 26-2-103 rendered his trust account and personal property to a value of $4,000 exempt from execution for court costs. The Chancellor held Tennessee Code Annotated Section 26-2-103 to be inapplicable, and we affirm the Chancellor.
Authoring Judge: Judge William B. Cain
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 12/14/00 | |
| Rita M. Russell v. Modine Manufacturing Company, Inc.
E2000-00176-WC-R3-CV
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated _ 5-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. Review of the findings of fact made by the trial court is de novo upon the record of the trial court, accompanied by a presumption of the correctness of the finding, unless the preponderance of the evidence is otherwise. TENN. CODE ANN. _ 5-6-225(e)(2). Stone v. City of McMinnville, 896 S.W.2d 548, 55 (Tenn. 1995).
Authoring Judge: John K. Byers, Sr. J.
Originating Judge:James B. Scott, Jr., Judge |
Knox County | Workers Compensation Panel | 12/14/00 | |
| Sheucraft vs. Roberts
M1999-01645-COA-R3-CV
This is a custody dispute between the maternal grandparents, Petitioners, and the biological father, Respondent. The child, Lexie, was born to Dewey and Lisa Roberts in October of 1991 and was seven years of age at the June 1999 trial. In 1995, Dewey Roberts and Lisa Sheucraft Roberts separated, and Lisa Roberts and Lexie moved in with the Petitioners. Ms. Roberts and the child continued to reside with the Petitioners until her unexpected death in 1998 from a brain aneurysm related to a cocaine overdose. The Respondent has a history of drug and alcohol abuse and, at the time of trial, was involved in an abusive relationship with a female companion. The trial court, applying the "substantial harm" test of Bond v. McKenzie, 896 S.W.2d 546 (Tenn. 1995), found that to change the residential arrangements from the grandparents' home to the father's home would be devastating to the child and would result in substantial harm to her. The trial court further found that it is in the child's best interests to spend the majority of her time with the maternal grandparents. Respondent appeals and we affirm the judgment of the trial court.
Authoring Judge: Judge William B. Cain
Originating Judge:Marietta M. Shipley |
Davidson County | Court of Appeals | 12/13/00 | |
| State vs. Michael Nevens
M2000-00815-CCA-R3-CD
The defendant appeals from his conviction for theft of a bottle of tea, contesting the jury instructions, the effectiveness of his trial counsel, the state's cross-examination of defense witnesses, the state's closing argument and the trial court's failure to rule upon a subsequent objection, and his sentence. Because the trial court erred in instructing the jury, we reverse the defendant's conviction and remand the case to the trial court.
Authoring Judge: Presiding Judge Joseph M. Tipton
Originating Judge:Timothy L. Easter |
Williamson County | Court of Criminal Appeals | 12/13/00 | |
| State vs. Danielle Walker
E2000-00578-CCA-R3-CD
The appellant, Danielle L. Walker, pled guilty in the Blount County Circuit Court to one count of theft of property over $1000, a class D felony. The trial court sentenced the appellant as a standard Range I offender to two years incarceration in the Tennessee Department of Correction. The trial court ordered the appellant to serve twenty days of her sentence in periodic confinement and to serve the balance of her sentence on supervised probation. The trial court also ordered the appellant to make restitution to the victim in the amount of $2,928.56. On appeal, the appellant raises the following issues for our review: (1) whether the trial court erred by refusing to grant the appellant judicial diversion; and (2) whether the trial court erred by refusing to grant the appellant 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:D. Kelly Thomas, Jr. |
Blount County | Court of Criminal Appeals | 12/13/00 | |
| State vs. Carlos L. Batey
M2000-00759-CCA-R3-CD
The defendant appeals a certified question from the trial court's denial of his motion to suppress cocaine seized incident to his warrantless arrest. He contends that the police lacked probable cause to arrest him because the state failed to prove the basis of knowledge and the reliability of the informant who arranged the drug transaction which led to his arrest. We affirm the trial court's denial of the motion to suppress.
Authoring Judge: Presiding Judge Joseph M. Tipton
Originating Judge:Seth W. Norman |
Davidson County | Court of Criminal Appeals | 12/13/00 | |
| State vs. Walter Jackson
E1999-02186-CCA-R3-CD
Walter Jackson appeals the judgment of the Knox County Criminal Court revoking his placement in the community corrections program and reinstating his original eight-year Department of Correction sentence. Prior to his revocation, Jackson was serving an eight-year community corrections sentence resulting from his 1991 guilty pleas to two counts of sale of cocaine. Jackson challenges the revocation of his community corrections sentence and the redesignation of his confinement with the Department of Correction. Finding that the trial court did not abuse its discretion, we affirm.
Authoring Judge: Judge David G. Hayes
Originating Judge:Mary Beth Leibowitz |
Knox County | Court of Criminal Appeals | 12/13/00 | |
| State vs. David Mitchell
E1999-02761-CCA-R3-CD
The defendant, David Calvin Mitchell, appeals the manner of service of his sentence for second offense DUI. Notwithstanding Anderson County's lack of a work release program for jail inmates, he claims that he is statutorily and constitutionally entitled to work release during the mandatory, 45-day period of jail confinement for his crime. Because we hold that the defendant was not statutorily entitled to work release consideration and that there was no equal protection violation, we affirm the judgment of the trial court.
Authoring Judge: Judge J. Curwood Witt, Jr.
Originating Judge:James B. Scott, Jr. |
Anderson County | Court of Criminal Appeals | 12/13/00 | |
| Isbell vs. Travis Electric Co., et al
M1999-00052-COA-R3-CV
After Plaintiff resigned from his job and attempted to start his own competing business, his former manager informed a mutual client of the circumstances surrounding his resignation. Plaintiff sued his former employer and its service manager, alleging slander, libel, defamation, and tortious interference with contract. The trial court directed a verdict for Defendants, and Plaintiff appeals, arguing that the trial court misapplied the substantial truth doctrine, failed to apply the doctrine of implication, and was incorrect in its finding that no contract existed between Plaintiff and his new company's main client. Plaintiff also insists that, by failing to grant a new trial so that he could add an allegation of invasion of privacy, the court ignored the proper legal consequences arising from the disclosure of a confidential drug test. For the following reasons, we affirm the decision of the trial court.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Hamilton V. Gayden, Jr. |
Davidson County | Court of Appeals | 12/13/00 | |
| State vs. Juliann Whitehead
E2000-00031-CCA-R3-CD
The appellant, Juliann Lynn Whitehead, pled guilty in the Blount County Circuit Court to one count of burglary, a class D felony, and one count of theft under $500, a class A misdemeanor. The trial court sentenced the appellant to four years incarceration in the Tennessee Department of Correction for the burglary conviction and to eleven months and twenty-nine days incarceration in the Blount County Jail for the theft conviction. The trial court ordered that these sentences run concurrently, and allowed the appellant to serve her sentences on intensive probation. During a random drug screen conducted by the appellant's probation officer approximately three months after sentencing, the appellant tested positive for cocaine. Additionally, the appellant admitted to her probation officer that she had left the state without permission. Pursuant to a probation revocation hearing, the trial court revoked the appellant's probation and ordered her to serve the balance of her sentences in the Tennessee Department of Correction and recommended that she be placed into a Special Needs Facility to assist with her substance abuse and mental health problems. On appeal, the appellant raises the following issue for our review: whether the trial court erred in sentencing the appellant to serve the balance of her sentences in the Tennessee Department of Correction after revoking her 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:D. Kelly Thomas, Jr. |
Blount County | Court of Criminal Appeals | 12/13/00 | |
| Moore vs. Moore
M1999-02301-COA-R3-CV
In this divorce case, the husband argues that the trial court erred in the way it classified and distributed the parties' marital property. We agree that the trial court's implied classification of the parties' home on Pleasant Cove Road was erroneous as a matter of law, but we find that its disposition of the property was nonetheless within the court's authority and discretion. We accordingly modify the final decree to reflect our view of its correct classification, but otherwise affirm the trial court.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Charles D. Haston, Sr. |
Warren County | Court of Appeals | 12/13/00 | |
| State vs. Jeffrey Coffey
M2000-00770-CCA-R3-CD
The defendant was convicted by a Maury County jury of aggravated child abuse of a child six years of age or less, a Class A felony, and was sentenced to twenty-five years in confinement, the maximum sentence for a Range I, standard offender. In this appeal as of right, the defendant presents two issues for our review: (1) whether the evidence was sufficient to support the conviction; and (2) whether the sentence was excessive. We conclude that the convicting evidence was sufficient. We further conclude that, although the trial court erred in applying enhancement factors (5) and (6), two other statutory enhancement factors were appropriately applied. Additionally, we conclude that, although the trial court erred in not applying mitigating factors (6) and (13), the defendant was appropriately sentenced. The judgment of the trial court is affirmed.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Jim T. Hamilton |
Maury County | Court of Criminal Appeals | 12/13/00 |