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| Rhea E. Burns, Jr. vs. New York Life Ins. Co. & Robert H. Noe
E2000-00158-COA-R3-CV
Plaintiff, an insurance sales agent for New York Life Insurance Company, alleged that he entered into an oral agreement with another New York Life Insurance agent for the two agents to sell life insurance policies to a particular family and share the sales commissions. Some time later, a dispute arose between Plaintiff and the second New York Life Insurance agent over who was entitled to receive certain sales commissions. After Plaintiff did not receive a share of those sales commissions, he sought the assistance of New York Life in resolving his dispute with the second agent. New York Life accepted statements from both agents and then declined to intervene on Plaintiff's behalf. Plaintiff brought suit against the second agent and New York Life, but later non-suited the claim against the agent. Plaintiff alleged that New York Life was contractually required to make a decision in a commission dispute between its agents, and that if it had made a decision, the industry standard practice would have required the company to decide in his favor. He sought damages from New York Life for breach of contract and under a quantum meruit theory. The Trial Court granted New York Life's Motion for Summary Judgment. Plaintiff appeals. We affirm the Judgment of the Trial Court.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Harold Wimberly |
Knox County | Court of Appeals | 09/26/00 | |
| State vs. Robbie Carriger
E2000-00823-CCA-R3-CD
The state challenges the trial court's order placing the defendant, Robbie Carriger, on pretrial diversion based upon its finding that the prosecutor abused his discretion for failing to consider all the factors relevant to pretrial diversion in his written response denying diversion. The state contends that the trial court erred in refusing to consider the prosecutor's amended response to the application for pretrial diversion. We hold that the trial court properly refused to consider the prosecutor's amended response, but we reverse the trial court's automatic grant of pretrial diversion and remand the case for the trial court to consider the defendant's entitlement to pretrial diversion in light of the relevant factors.
Authoring Judge: Presiding Judge Joseph M. Tipton
Originating Judge:Robert E. Cupp |
Carter County | Court of Criminal Appeals | 09/26/00 | |
| State vs. Randall Best
E1999-00120-CCA-R3-CD
The defendant, Randall E. Best, appeals his first degree murder conviction and the resulting sentence of life without parole. He contends: (1) that the evidence is insufficient to show premeditation and deliberation, (2) that certain photographs of the victim were inadmissible at the sentencing phase of the trial, and (3) that the felony murder aggravating circumstance does not sufficiently narrow the class of death-eligible offenders when the jury convicts the defendant of both premeditated murder and felony murder. We hold that the evidence is sufficient, that the challenged photographs are admissible because they are relevant to the aggravating and mitigating circumstances, and that the jury properly based the defendant's sentence on the felony murder aggravator. We affirm the trial court's judgment of conviction.
Authoring Judge: Presiding Judge Joseph M. Tipton
Originating Judge:Carroll L. Ross |
Monroe County | Court of Criminal Appeals | 09/26/00 | |
| State vs. Roy Ray Wallace
E2000-00046-CCA-R3-CD
The defendant appeals his convictions for burglary and theft of property valued at less than five hundred dollars. He challenges the sufficiency of the evidence in light of the uncorroborated testimony of an accomplice, the admissibility of a recording of his co-defendant's testimony, and the length of his sentence. We affirm the convictions and sentences.
Authoring Judge: Presiding Judge Joseph M. Tipton
Originating Judge:O. Duane Slone |
Grainger County | Court of Criminal Appeals | 09/26/00 | |
| State vs. Wendell Lewis
W2001-03098-CCA-R3-CD
When the defendant's status on community corrections was revoked, the trial court should have given the defendant credit for the time served in the community corrections program. We, therefore, reverse and modify the judgment of the trial court.
Authoring Judge: Judge John Everett Williams
Originating Judge:James C. Beasley, Jr. |
Shelby County | Court of Criminal Appeals | 09/26/00 | |
| State vs. Almeer Nance
E2000-00170-CCA-R3-CD
Following the transfer of his case from juvenile court, a Knox County grand jury indicted the defendant on one count of premeditated murder, one count of felony murder, one count of especially aggravated robbery, two counts of especially aggravated kidnapping, three counts of aggravated robbery, one count of aggravated assault, and two counts of theft over one thousand but under ten thousand dollars. Prior to trial the defendant filed an unsuccessful motion to suppress the statement he gave to authorities. The case proceeded to trial wherein the defendant was convicted as charged on seven of the aforementioned counts: more specifically, the jury found him guilty of the felony murder, especially aggravated robbery, especially aggravated kidnapping, and aggravated robbery offenses. For these crimes he received an agreed upon effective sentence of life plus twenty-five years in prison. He then filed a "Motion for Judgment of Acquittal, or in the Alternative, Motion for New Trial" alleging the trial court erred in failing to suppress his statement. After the denial of this motion, the defendant brought the instant appeal again raising the suppression issue. However, upon reviewing the record and applicable case law, we affirm the trial court's denial of the motion to suppress the defendant's statement.
Authoring Judge: Judge Jerry Smith
Originating Judge:Ray L. Jenkins |
Knox County | Court of Criminal Appeals | 09/26/00 | |
| Steamfitters vs. Phillip Morris
W1999-01061-COA-R9-CV
Union health and welfare funds brought an action against tobacco companies and their trade associations to recover the funds' costs of treating their participants' smoking-related illnesses. The tobacco companies moved to dismiss the complaint, arguing that the funds' economic injuries were derivative of the participants' physical injuries and, consequently, too remote for recovery. The trial court granted the motion to dismiss on the funds' antitrust claim but denied the motion on the funds' claims for fraud and deceit, misrepresentation, conspiracy and violation of the Tennessee Consumer Protection Act. Permission for interlocutory appeal was granted to the tobacco companies by both the trial court and the appellate court. We affirm the trial court's dismissal of the antitrust claim and reverse the trial court's denial of the motion to dismiss on the remaining claims, finding the plaintiffs' alleged injuries are too remote, as a matter of law, to permit recovery. The cause is remanded for entry of an order dismissing the plaintiffs' complaint.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:James F. Russell |
Shelby County | Court of Appeals | 09/26/00 | |
| Slater Belcher vs. State
E1999-02287-CCA-R3-PC
Authoring Judge: Judge Jerry Smith
Originating Judge:D. Kelly Thomas, Jr. |
Blount County | Court of Criminal Appeals | 09/26/00 | |
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Supreme Court | 09/25/00 | ||
| State of Tennessee v. Terry Eugene Ballard
II-1196-344-B
Originating Judge:Donald P. Harris |
Williamson County | Court of Criminal Appeals | 09/22/00 | |
| State vs. Michael Anthony Maddox
M2000-00193-CCA-R3-CD
The defendant appeals the sentencing decision of the Marshall County Circuit Court. The defendant was convicted of two counts of sexual battery by an authority figure and sentenced to concurrent four year terms on each count. He was convicted of two counts of aggravated sexual battery and sentenced to concurrent twelve year terms on each count. Those sentences were run consecutively to the sentences for aggravated battery, for an effective sentence of sixteen (16) years. We affirm the judgment of the trial court.
Authoring Judge: Judge Cornelia A. Clark
Originating Judge:William Charles Lee |
Marshall County | Court of Criminal Appeals | 09/22/00 | |
| Writesman vs. Writesman
M1999-00726-COA-R3-CV
This appeal is from the trial court's order denying Husband's Petition for Modification and sentencing him to thirty days in jail for criminal contempt. Husband attempted to show that there had been a substantial and material change in the relative financial positions of the parties and that his court ordered alimony obligation should be terminated or modified. Wife counter-petitioned for contempt of court, and Husband was, thereafter, charged with criminal contempt and found guilty for his failure to pay alimony. We agree with the trial court that Husband failed to show a material change in circumstances sufficient to justify terminating or modifying his alimony obligation. We also agree with the trial court's finding of criminal contempt and uphold its sentence of thirty days in prison for such contempt. Therefore, the ruling of the trial court on all issues presented on appeal is affirmed.
Authoring Judge: Judge William B. Cain
Originating Judge:Muriel Robinson |
Davidson County | Court of Appeals | 09/22/00 | |
| Prentice vs. Prentice
M1999-01507-COA-R3-CV
Ronald Prentice appeals from a decision of the Davidson County Circuit Court. The appeal involves a dispute over property division arising out of a divorce.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Muriel Robinson |
Davidson County | Court of Appeals | 09/22/00 | |
| R & D Marina, Inc., et al vs. Roane County, et al
E1999-02687-COA-R3-CV
Plaintiffs, a marina and its owners, were holders of a 1996 lease from Roane County to build and manage a marina. Plaintiffs received a permit from TVA to operate the marina in 1997. Plaintiffs filed suit against Roane County and four boathouse owners, seeking a declaratory judgment that the marina was entitled to monthly rent from the individual Defendants from the date of the Roane County lease until their boathouses were removed from the leased premises. The boathouse owners were holders of prior TVA permits to moor boathouses within the same area which became the marina pursuant to the 1996 lease and 1997 permit. The Trial Court ordered the boathouse owners to pay rent to the marina and to remove their boathouses. We affirm the judgment of the Trial Court insofar as it ordered the individual Defendants to remove their boathouses. We hold the Trial Court erred in ordering the individual Defendants to pay rent starting from the date of the lease rather than the date of Plaintiffs' TVA permit. Accordingly, we modify the judgment of the Trial Court to reflect that Defendants owe rent to Plaintiffs from the date of Plaintiffs' TVA permit until the boathouses were removed. The judgment of the Trial Court is affirmed, as modified, and the case is remanded.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Frank V. Williams, III |
Roane County | Court of Appeals | 09/22/00 | |
| Taylor vs. Heldman
M1999-00729-COA-R3-CV
Daniel Benson Taylor ("Plaintiff"), a prison inmate, filed suit for damages and other relief against two judges of the 21st Judicial District and, by amended complaint, the assistant attorneys general representing the two judges because of the alleged failure of the judges to grant his petition for a writ of habeas corpus. The trial judge granted a Tennessee Rules of Civil Procedure 12.02(6) motion to dismiss for failure to state a claim upon which relief can be granted. The specially appointed trial judge sustained the motion and Plaintiff appeals. We affirm.
Authoring Judge: Judge William B. Cain
Originating Judge:Daniel Benson Taylor V Russell Heldman |
Hickman County | Court of Appeals | 09/22/00 | |
| Chambers vs. Amonette
M1999-01254-COA-R3-CV
At the time of the parties' divorce in 1992, their minor child was placed in the primary residential custody of the mother, and the father was ordered to pay child support in the amount of $300.00 per month. The mother instituted a petition to modify. The father is in the military and, at the time of trial, had a base pay of $2,888.46 per month, which included allowances for BAS, BAH, and BAQ-DIFF. The parties anticipated at the time of trial that the father would be transferred to Korea for one year of service, and then would be transferred to England. According to the father, he would continue to receive his BAQ-DIFF allowance, but, while in Korea, he would no longer receive BAS or BAH allowances. The mother sought an increase in the monthly support payments based upon a significant variation with the Tennessee Child Support Guidelines and based upon reduced visitation by the father. According to the parties' final divorce decree, the father's visitation schedule provided for an average of sixty-nine days of visitation throughout the year, as compared to the anticipated eighty days in the Guidelines. After a hearing on the matter, the trial court denied the petition and ordered the mother to pay the father's costs and attorney's fees. We reverse and remand.
Authoring Judge: Judge David R. Farmer
Originating Judge:Muriel Robinson |
Davidson County | Court of Appeals | 09/22/00 | |
| Thomas J. Williams vs. State
M2000-00506-CCA-R3-PC
Thomas J. Williams appeals from the Hickman County Circuit Court's denial of his pro se petition for post-conviction relief. After review, we find the trial court's summary dismissal proper because the petition (1) is time barred; (2) fails to state a colorable claim; and (3) raises claims which are waived as they were not raised in previous petitions. Accordingly, we affirm the trial court's denial of the petition.
Authoring Judge: Judge David G. Hayes
Originating Judge:Timothy L. Easter |
Hickman County | Court of Criminal Appeals | 09/22/00 | |
| State vs. Shirley Cooper
E1999-01810-CCA-R3-CD
The defendant was charged with violation of probation for harassment. The trial court found that the defendant had materially and repeatedly violated the terms of her probation, and that, given her history, she was not capable of successfully completing a term of supervised probation. Consequently, the trial court revoked the defendant's probation, ordering that she serve her original sentence of eleven months and twenty-nine days in jail, with credit given for the forty-one days of jail time she had already served. The defendant filed a timely appeal, presenting the sole issue of whether the trial court erred in revoking her probation. Based upon our review, we affirm the judgment of the trial court.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:D. Kelly Thomas, Jr. |
Blount County | Court of Criminal Appeals | 09/22/00 | |
| State of Tennessee v. Demetrius Levar Mcneil
W2000-00276-CCA-R3-CD
Originating Judge:Chris B. Craft |
Shelby County | Court of Criminal Appeals | 09/21/00 | |
| Betty L. Fox vs. Food Lion, Inc., Store #539
E1911-00015-COA-R3-CV
Betty L. Fox sued Food Lion, Inc., Store #539, seeking damages for personal injuries sustained when she fell in an aisle of the defendant's store. The trial court approved the jury's verdict for the plaintiff and entered judgment in her favor for $112,000. The defendant appeals, raising three issues, which we restate as follows: (1) whether there is material evidence that the defendant had actual or constructive notice of the allegedly dangerous condition that caused the plaintiff's fall; (2) whether the defendant owed a duty of care to the plaintiff; and (3) whether there is material evidence to support the jury's allocation of fault. We affirm.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Harold Wimberly |
Knox County | Court of Appeals | 09/21/00 | |
| Jerry Wayne Killion vs. Sandra Faye Sweat
E1999-02634-COA-R3-CV
In this post-divorce proceeding, the father of Dustin Lynn Killion filed a petition seeking the child's custody. The trial court denied the father's petition. The father appeals the trial court's determination that the proof fails to demonstrate a material change of circumstances warranting a change of custody. We reverse.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Robert M. Summitt |
Campbell County | Court of Appeals | 09/21/00 | |
| Brenda D. Estes, et al vs. Sandra H. Peels, et al
E1999-00582-COA-R3-CV
This case arises out of a motor vehicle accident that occurred when a vehicle exited a manufacturing plant's parking lot and collided with the plaintiff's vehicle on a public highway. Brenda D. Estes and her husband sued the owner of the plant for negligence. The trial court granted the plant owner summary judgment. We hold that, under the circumstances of this case, the plant owner did not owe a duty of care to the plaintiff and therefore affirm the grant of summary judgment.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Ben W. Hooper, II |
Jefferson County | Court of Appeals | 09/21/00 | |
| Mary Schremp vs. David Schremp
W1999-01734-COA-R3-CV
Mother, the custodial parent of minor children, desired to relocate out of state to live with her new husband. Father protested the move and filed a petition in opposition. Finding that Mother's new husband could easily move to Memphis to live with his new family and that dislocating the children was not in their best interest, the trial court granted the petition. We affirm.
Authoring Judge: Judge David R. Farmer
Originating Judge:John R. Mccarroll, Jr. |
Shelby County | Court of Appeals | 09/21/00 | |
| State vs. Deborah Clark
W1999-00893-CCA-R3-CD
The defendant, Deborah Darlene Clark, was convicted by a Madison County jury of aggravated kidnapping, aggravated robbery, and criminal impersonation. In this appeal the defendant claims the evidence is insufficient to support the verdicts. The court finds the evidence clearly sufficient to support the convictions and thus affirms the judgment of the trial court.
Authoring Judge: Judge Jerry Smith
Originating Judge:Roger A. Page |
Madison County | Court of Criminal Appeals | 09/21/00 | |
| Stephenson vs. Carlton
E1998-00202-SC-R11-CD
We granted this appeal to determine whether the appellant's sentence of life without parole for first- degree murder was an illegal sentence and, if so, whether the appellant was entitled to habeas corpus relief. The trial court dismissed the petition for habeas corpus and the Court of Criminal Appeals affirmed. We conclude, and the State concedes, that the sentence of life without parole was not a statutorily authorized punishment at the time the appellant committed the offense of first-degree murder and that the illegal sentence was properly challenged in a habeas corpus petition. We reverse the judgment of the Court of Criminal Appeals and remand the case to the trial court for further proceedings.
Authoring Judge: Justice E. Riley Anderson
Originating Judge:Lynn W. Brown |
Johnson County | Supreme Court | 09/21/00 |