Please enter some keywords to search.
| Stanley Kline vs. William Benefiel
W1999-00918-COA-R3-CV
This case arises from a home construction contract entered into by the Appellants and the Appellees. The Appellants filed a complaint against the Appellees in the Circuit Court of Shelby County for breach of contract. The Appellees filed a counter-complaint for breach of contract and unjust enrichment. The Appellants filed an amended complaint for violations of the Tennessee Consumer Protection Act. The trial court dismissed the Appellees' counter-complaint and found in favor of the Appellees as to the Appellants' complaint. The Appellants appeal from the order of the Circuit Court of Shelby County, finding in favor of the Appellees. For the reasons stated herein, we affirm the trial court's decision.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Jon Kerry Blackwood |
Shelby County | Court of Appeals | 09/18/00 | |
| State vs. Larry Burks
E1999-00571-CCA-R3-CD
The mobile home, which was the residence of the defendant and his wife, was searched, pursuant to a search warrant, and certain illegal substances were found. The defendant filed a motion to suppress, contesting the adequacy of the description of the place to be searched. Following a hearing on the motion and the trial court's upholding the validity of the search warrant, the defendant entered a plea of guilty to a drug offense, reserving as certified questions of law the adequacy of the portion of the search warrant describing the place to be searched and whether the search warrant sufficiently established the reliability of the confidential informant. Based upon our review, we affirm the finding of the trial court that the description of the premises was adequate. Our consideration of the second certified question of law is waived because this issue was not pursued on appeal.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:J. Curtis Smith |
Bledsoe County | Court of Criminal Appeals | 09/18/00 | |
| Elizabeth Cates vs. Herbert Cates
W1999-02359-COA-R3-CV
This is a divorce dispute. Prior to divorce, the wife left the marital home, taking some of the parties' joint cash savings. On the day of the divorce hearing, the husband stipulated as to his inappropriate marital conduct, and the divorce was granted to the wife on that ground. The wife was awarded approximately 51% of the marital estate, rehabilitative alimony, and attorney's fees. The trial court excluded from its division of marital property the money the wife took when she moved out. The husband appeals. We affirm.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Martha B. Brasfield |
Tipton County | Court of Appeals | 09/18/00 | |
| Rain/Hail Ins. vs. James Peeler
W1999-01962-COA-R3-CV
This is a suit for the recovery of an insurance premium. The Appellant brought a complaint against the Appellee in the Circuit Court of Tipton County, seeking to recover the premium it claimed was due pursuant to a clause in the insurance policy. Both the Appellant and the Appellee brought motions for summary judgment. The trial court dismissed the Appellant's complaint and granted the Appellee's motion for summary judgment. The Appellant appeals the decision of the Circuit Court of Tipton County dismissing the Appellant's complaint and granting the Appellee's motion for summary judgment. For the reasons stated herein, we affirm the trial court's decision.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Joseph H. Walker, III |
Tipton County | Court of Appeals | 09/18/00 | |
| State vs. Wilson
E1996-00006-SC-R11-CD
This is an appeal from the Circuit Court for Blount County, where Brandon Wilson, the defendant, pleaded guilty to seven counts of delivery of cocaine and to three counts (merged by the trial court into one count) of possession of cocaine with the intent to sell or deliver. Wilson appealed to the Court of Criminal Appeals contending, inter alia, that his indictments were legally insufficient and that the trial court erred in accepting the guilty plea because it was not voluntarily entered. The Court of Criminal Appeals agreed and reversed Wilson's convictions on all counts. We hold that the seven indictments for delivery of cocaine are sufficient; Wilson's convictions on these indictments are, therefore, reinstated. Additionally, because the issue concerning the voluntariness of Wilson's plea was not properly before the intermediate appellate court, we reinstate the conviction for possession of cocaine. This reinstatement is without prejudice to Wilson's right to file a petition for post-conviction relief within the appropriate time.
Authoring Judge: Justice Adolpho A. Birch, Jr.
Originating Judge:D. Kelly Thomas, Jr. |
Blount County | Supreme Court | 09/18/00 | |
| State vs. Samuel Wayne Loveday
E1999-01090-CCA-R3-CD
The defendant, who was convicted of attempted aggravated rape, aggravated sexual battery, and aggravated assault, appealed these convictions, presenting as issues whether the out-of-court showup identification of the defendant was impermissibly suggestive and whether the subsequent in-court identification was tainted as a result. Based upon our review, we conclude that these issues are without merit and, thus, affirm the judgment of the trial court.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Ray L. Jenkins |
Knox County | Court of Criminal Appeals | 09/18/00 | |
| State of Tennessee v. Russell E. Mills
II-199-28-A
Originating Judge:Timothy L. Easter |
Williamson County | Court of Criminal Appeals | 09/15/00 | |
| Sam Simpson vs. Addie Davis
W1999-00689-COA-R3-CV
This appeal arises from a breach of fiduciary duty and unjust enrichment action initiated by Sam Simpson against Addie Davis. Simpson alleged Davis breached her duty as trustee of her deceased mother's estate and was unjustly enriched by Simpson's construction of a residence on Davis' property. The trial court held that although Davis did not breach a fiduciary duty, she was unjustly enriched. The court ordered the sale of both the property and residence with proceeds to be allocated between the parties. Davis appeals.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Martha B. Brasfield |
Fayette County | Court of Appeals | 09/15/00 | |
| State vs. Larry E. Scales
M1998-00142-CCA-R3-CD
The defendant, Larry E. Scales, appeals his conviction of theft over $500 and his six-year sentence as a career offender. Because the trial court erroneously instructed the jury on the possible range of punishment, the judgment is reversed and the defendant is granted a new trial.
Authoring Judge: Judge Gary R Wade
Originating Judge:Charles D. Haston, Sr. |
Warren County | Court of Criminal Appeals | 09/15/00 | |
| State vs. Jerry D. Carney
M1999-01139-CCA-R3-CD
The appellant, Jerry D. Carney, appeals his conviction by a jury in the Davidson County Criminal Court of first degree murder. Pursuant to his conviction for first degree murder, the trial court sentenced the appellant to life in prison in the Tennessee Department of Correction, with the possibility of parole. The appellant raises the following issues for our review: (1) whether there was sufficient evidence of premeditation to support his conviction of first degree murder; (2) whether the State violated Brady by failing to disclose audio taped statements made by the police of witnesses the day after the shooting; and (3) whether the trial court erred in precluding the appellant's cross-examination of the police officers who were testifying at trial about their training regarding self-defense and the application of deadly force. 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:Cheryl A. Blackburn |
Davidson County | Court of Criminal Appeals | 09/15/00 | |
| Frank Mills vs. Luis Wong
W1999-00665-COA-R9-CV
This appeal presents a dispute over proper venue arising out of a medical malpractice suit against multiple defendants. The Shelby County Circuit Court denied the Defendant's motion to dismiss for improper venue. The case is before this court on an interlocutory appeal.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Robert A. Lanier |
Shelby County | Court of Appeals | 09/15/00 | |
| State of Tennessee v. Larry E. Scales
1998-00142-CCA-R3-CD
Originating Judge:Charles D. Haston, Sr. |
Warren County | Court of Criminal Appeals | 09/15/00 | |
| State vs. Barry Waters Rogers
M1999-01358-CCA-R3-CD
The defendant, Barry Waters Rogers, was indicted for arson, conspiracy to commit arson, and vandalism. The jury acquitted the defendant on the charge of conspiracy to commit arson but, on the arson charge, returned a guilty verdict on the lesser included offense of facilitation of arson. Although the jury also returned a guilty verdict for facilitation of vandalism, the trial court later set that aside. The trial court imposed a Range I sentence of three and one-half years in the Department of Correction, with probation to be granted after the first year of service. In this appeal of right, the defendant challenges the sufficiency of the evidence and complains that he was improperly sentenced. We find no error and affirm the judgment of the trial court.
Authoring Judge: Judge Gary R Wade
Originating Judge:Robert L. Jones |
Giles County | Court of Criminal Appeals | 09/15/00 | |
| Michelle Baker Pisano v. Gerry Baker
W1999-02660-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:William Michael Maloan |
Weakley County | Court of Appeals | 09/15/00 | |
| State vs. Justin Victory
M2000-00015-CCA-R3-CD
The defendant, Justin Victory, entered a plea of guilty to the offense of aggravated burglary before the Davidson County Criminal Court. Pursuant to the plea agreement, the defendant was to receive a sentence of four (4) years, with the manner of service to be determined by the trial court. Following a sentencing hearing, the trial court denied the defendant's request for an alternative sentence and ordered the defendant to serve the sentence in the Davidson County CCA. Also, the trial court advised the defendant that upon completion of the Life Lines Substance Abuse Program, the trial court would suspend the balance of the sentence and determine proper restitution. In this appeal of right, the defendant complains that the trial court erred in denying him supervised probation. After a review of the record, the briefs of parties and applicable law, we modify the manner of the service of the defendant's sentence to 214 days incarceration with the remainder served on supervised probation.
Authoring Judge: Sr. Judge L. Terry Lafferty
Originating Judge:Steve R. Dozier |
Davidson County | Court of Criminal Appeals | 09/15/00 | |
| State vs. Robert C. Copas
M1999-00841-CCA-R3-CD
The defendant, Robert C. Copas, was indicted by a Sumner County Grand Jury for one count of aggravated rape. After discovering that the recording of the defendant's preliminary hearing was inaudible, the defendant moved to dismiss the indictment and remand for a new preliminary hearing pursuant to rule 5.1 of the Rules of Criminal Procedure. Following a hearing, the trial court did not dismiss the indictment, but remanded for a new preliminary hearing. The state then moved to dismiss the indictment, arguing that case law requires dismissal of the indictment under these circumstances. The court agreed and dismissed the indictment but the state then brought this appeal. Because the trial court's dismissal of the indictment and remand for a new preliminary hearing was an appropriate remedy for a violation of the Tenn. R. Crim. P. 5.1 (a) the judgment of the trial court is affirmed.
Authoring Judge: Judge Jerry Smith
Originating Judge:Jane W. Wheatcraft |
Sumner County | Court of Criminal Appeals | 09/15/00 | |
| Edgar/Mary Mulrooney vs. Town of Collierville
W1999-01474-COA-R3-CV
This appeal arises from a quo warranto action filed by the Mulrooneys ("Property Owners") on behalf of residents of subdivisions annexed by Collierville ("Town"). Property Owners claimed that Town did not meet the statutory requirements needed to annex the subdivisions. The jury returned a verdict on behalf of Town, finding that the annexation was proper. Thereafter, Property Owners filed a motion for new trial which was denied by the court. Property Owners appeal.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Walter L. Evans |
Shelby County | Court of Appeals | 09/14/00 | |
| Henderson vs. Henderson
M1999-00912-COA-R3-CV
This appeal involves a dispute over the Trial Court's valuation and division of marital property in this divorce action. Mrs. Henderson contends that the Trial Court undervalued the marital business, Quality Systems, Inc. Additionally, Mrs. Henderson asserts the Trial Court erred in dividing the marital assets and liabilities, denying alimony and attorney's fees and in ordering her to refund alimony pendente lite payments. We affirm the Trial Court's order, except for the denial of alimony. We vacate the Trial Court's determination on the issue of alimony and remand for a determination of the proper type and amount of alimony to be awarded to Mrs. Henderson.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Donald P. Harris |
Williamson County | Court of Appeals | 09/14/00 | |
| State of Tennessee v. Marcus Askew
98-07544-45-46
Originating Judge:Joseph B. Dailey |
Shelby County | Court of Criminal Appeals | 09/14/00 | |
| State vs. James Starnes
W1999-01854-CCA-R3-PC
The petitioner appeals from a denial of post-conviction relief, claiming his trial counsel rendered ineffective assistance. We conclude the record is insufficient for proper appellate review. Thus, we remand to the trial court for an additional hearing.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Julian P. Guinn |
Henry County | Court of Criminal Appeals | 09/14/00 | |
| Henderson vs. Henderson
M1999-00912-COA-R3-CV
This appeal involves a dispute over the Trial Court's valuation and division of marital property in this divorce action. Mrs. Henderson contends that the Trial Court undervalued the marital business, Quality Systems, Inc. Additionally, Mrs. Henderson asserts the Trial Court erred in dividing the marital assets and liabilities, denying alimony and attorney's fees and in ordering her to refund alimony pendente lite payments. We affirm the Trial Court's order, except for the denial of alimony. We vacate the Trial Court's determination on the issue of alimony and remand for a determination of the proper type and amount of alimony to be awarded to Mrs. Henderson.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Donald P. Harris |
Williamson County | Court of Appeals | 09/14/00 | |
| State vs. Matthew Leonard & Bernie Evans
E1999-02724-CCA-R3-CD
The appellants, Matthew W. Leonard and Bernie J. Evans, each pled guilty in the Criminal Court for Washington County to three counts of kidnapping, a class C felony, three counts of aggravated assault, a class C felony, one count of escape, a class E felony, and one count of theft over $10,000, a class C felony. The appellants requested that the trial court grant them full probation. After a probation hearing, the trial court denied the appellants' request. The appellants present the following issue for our review: whether the trial court erred in denying the appellants full probation. After a review of the record and the parties' briefs, we affirm the judgment of the trial court.
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:Lynn W. Brown |
Washington County | Court of Criminal Appeals | 09/14/00 | |
| State vs. Donaven Brown
W1999-00629-CCA-R3-CD
The defendant and the victim were both maximum security inmates at the Corrections Corporation of America facility in Clifton, Tennessee. After the victim, his hands and feet restrained, had been released from his cell to use a telephone, the defendant asked to be released from his cell take a shower. After his hands, but not his feet had been restrained, he pushed a correctional officer aside and ran from his cell, confronting the victim near the telephones. "Bad blood" had existed between the victim and the defendant, both of whom had armed themselves that day with shanks, or homemade prison knives. The victim received six knife stab wounds, two of which were potentially fatal. The defendant was then charged with first degree murder and felony possession of a weapon in a penal institution and, following his convictions of both offenses, sentenced to life without parole and three years, respectively, the sentences to be served concurrently. He timely appealed, presenting as issues whether the trial court erred in allowing proof that he had asserted his right to remain silent and requested an attorney and whether the evidence was sufficient to sustain the conviction for first degree murder. Based upon our review, we affirm the judgment of the trial court.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Joseph H. Walker, III |
Tipton County | Court of Criminal Appeals | 09/14/00 | |
| Ofman vs. Woodford
M1999-00736-COA-R3-CV
This is a suit by an attorney for breach of an oral contract relative to the professional services of an expert witness. Suit was instituted by civil warrant in the general sessions court. Following a default judgment in favor of the plaintiff, an appeal was perfected by the defendant to the circuit court where the case was tried de novo, non-jury and resulted in a judgment for the plaintiff in the amount of $2,500.00. The defendant appealed, and we affirm the judgment of the trial court.
Authoring Judge: Judge William B. Cain
Originating Judge:Timothy L. Easter |
Williamson County | Court of Appeals | 09/14/00 | |
| Blaylock vs. Nash
M1999-00568-COA-R3-CV
This negligence action arises out of a collision between a cow and a car driven by the plaintiff. The trial court granted summary judgment to the defendant, the alleged owner and operator of a stockyard from which the cow supposedly escaped. We affirm the trial court's decision finding that the plaintiff presented no evidence that the defendant breached his duty of care. However, we do not find that the plaintiff's appeal of the trial court's decision was frivolous.
Authoring Judge: Judge William B. Cain
Originating Judge:John A. Turnbull |
Putnam County | Court of Appeals | 09/14/00 |