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| Logan vs. Winstead
E1999-01056-SC-R11-CV
This appeal arises from a prisoner's pro se action for legal malpractice against the attorney who represented him in criminal court on the charges underlying his sentence. The attorney filed a motion for summary judgment supported by an expert affidavit. The prisoner, relying upon Whisnant v. Byrd, 525 S.W.2d 152 (Tenn. 1975), filed a motion to hold the proceedings in abeyance until he was released from prison and able to appear in court. The trial court failed to rule on the motion for abeyance. The trial court entered summary judgment in favor of the attorney on the grounds that the prisoner had not offered an expert affidavit to rebut the attorney's proof. The Court of Appeals upheld the judgment. We granted review to determine under what circumstances an incarcerated plaintiff is entitled to have a civil action held in abeyance until he or she is released from custody.
Authoring Judge: Justice Frank F. Drowota, III
Originating Judge:John K. Wilson |
Hawkins County | Supreme Court | 07/21/00 | |
| Metropolitan Development & Housing Agency vs. Trinity Marine Nashville, Inc .
M1999-02162-COA-R3-CV
In this eminent domain condemnation proceeding, the Trial Court granted partial summary judgment to the condemnor on the amount of relocation expenses to be awarded the property owner as incidental damages based upon deposition testimony of an officer of the property owner. The property owner argues on appeal that summary judgment is improper in condemnation proceedings, and that the Trial Court erred in excluding from incidental damages amounts for a "burden rate" the property owner added to its actual hourly labor costs incurred in relocating from the condemned property. As the issue is a question of law and there are no questions of disputed material fact, summary judgment is appropriate. As the "burden rate" claimed by the property owner is not recoverable under the applicable statute, the judgment of the Trial Court is affirmed.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Barbara N. Haynes |
Davidson County | Court of Appeals | 07/21/00 | |
| Vowell Ventures vs. City of Martin
W1999-01445-COA-R3-CV
Vowell Ventures, a partnership, sued the City of Martin alleging that the City denied Vowell Ventures' application for a building permit due to the fact that there was a sewer line and storm drain crossing the property. The complaint alleged that the denial of the application for the building permit constituted a taking of property without just compensation and sought judgment against the City for the taking. The trial court granted the City of Martin's Motion To Dismiss Or For Summary Judgment and we affirm.
Authoring Judge: Judge David R. Farmer
Originating Judge:William B. Acree |
Weakley County | Court of Appeals | 07/21/00 | |
| R. David Ashley and E. Diana Ashley vs. Thomas A. Snapp
E1999-00908-COA-R3-CV
This appeal arises from a grant of summary judgment in the Knox County Circuit Court. On appeal, R. David Ashley and E. Diana Ashley, the Appellants, argue that there are genuine issues of material fact with respect to their suit for malicious prosecution and abuse of process against Thomas A. Snapp and Robin Gratigny, the Appellees, and thus, the Trial Court erred in granting summary judgment. We vacate the Circuit Court's grant of summary judgment on the issue of malicious prosecution and remand to the Trial Court on that issue, and we affirm the Trial Court's grant of summary judgment on the issue of abuse of process.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Harold Wimberly |
Knox County | Court of Appeals | 07/21/00 | |
| In re: K.A.H.
M1999-02079-COA-R3-CV
This case involves the termination of parental rights regarding a child who was removed from the mother's home by the Department of Children's Services in 1996 and placed in foster care. DCS devised a Plan of Care for the mother, which, among other things, required her to address her drug and alcohol addictions. During the two years between the removal from the home and the filing by DCS of the petition to terminate parental rights, the mother made some efforts to improve her situation, but her substance abuse continued. The trial court terminated the mother's parental rights on grounds (1) that the conditions that led to the child's removal continued to persist with little likelihood of remedy and (2) that the mother failed to comply with the Statement of Responsibilities as provided in the Plan of Care. Because DCS has established grounds for termination and has established that termination is in the best interest of the child, we affirm.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Wayne C. Shelton |
Montgomery County | Court of Appeals | 07/21/00 | |
| State of Tennessee v. James Admeral Yandal
W2002-01521-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Originating Judge:William B. Acree |
Obion County | Court of Criminal Appeals | 07/21/00 | |
| Bobby Ray Carper v. Ramer Wood Products
W1999-02147-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) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The defendant, Ramer Wood Products (Ramer), appeals the judgment of the McNairy Chancery Court awarding permanent partial disability of thirty percent (3%) to the right arm and twenty-five percent (25%) to the left arm. For the reasons stated in this opinion, we affirm the judgment of the trial court as modified to a single award of twenty-seven and one-half percent (27-1/2%) permanent partial disability to both arms.
Authoring Judge: William Michael Maloan, Special Judge
Originating Judge:Dewey C. Whitenton, Chancellor |
McNairy County | Workers Compensation Panel | 07/21/00 | |
| Dempsey vs. Dempsey
M1998-00972-COA-R3-CV
This appeal involves the award of alimony and the division of one particular piece of marital property at the dissolution of a nineteen year marriage. Mr. Dempsey appeals the award of alimony in futuro rather than rehabilitative alimony, the amount of alimony as beyond his ability to pay, and the award of a tax refund for the year of the divorce to Ms. Dempsey. We modify the award of alimony in futuro to an award of rehabilitative alimony and affirm the distribution of marital property.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Henry Denmark Bell |
Williamson County | Court of Appeals | 07/21/00 | |
| Larry Simpson vs. Donal Campbell, Commissioner, et al
M2000-00218-COA-R3-CV
Larry Simpson, a prison inmate, appeals the dismissal by the trial court of his Petition for Declaratory Judgment asserting that he was entitled to mandatory parole under former Tennessee Code Annotated Section 40-3614 and Tennessee Code Annotated Section 40-20-115. We affirm the trial court.
Authoring Judge: Judge William B. Cain
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 07/20/00 | |
| Joe H. Walker v. Sidney Gilreath &Amp; Associates,
E1999-01012-COA-R3-CV-
Originating Judge:Dale C. Workman |
Knox County | Court of Appeals | 07/20/00 | |
| State vs. Wayne Joseph Burgess, Jr.
M1999-02040-CCA-R3-CD
The appellant, Wayne Joseph Burgess, Jr., was convicted by a jury in the Giles County Circuit Court of one count of first degree felony murder, with the underlying felony being aggravated child abuse. The trial court sentenced the appellant to life in the Tennessee Department of Correction. The appellant raises the following issues for our review: (1) whether the trial court erred in overruling the appellant's motion to strike the jury panel because the appellant's race was substantially under- represented on the venire from which the petit jury was selected under a practice providing "the opportunity for discrimination;" (2) whether the trial court erred in overruling the appellant's motion to suppress a confession that was obtained by the use of intimidation, threat, and coercion by the Pulaski Police Department; (3) whether the trial court erred in overruling the appellant's objection to allowing the prior inconsistent statement of Rickey Sikes to be entered into the record as substantive evidence; (4) whether the evidence was sufficient to support the appellant's conviction of first degree murder in the perpetration of aggravated child abuse as the State failed to prove the requisite mental status of "knowing" to commit that offense. 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:Jim T. Hamilton |
Giles County | Court of Criminal Appeals | 07/19/00 | |
| Watauga Industries, Inc. vs. Harry W. Greenwell, et al
E1999-00699-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Originating Judge:G. Richard Johnson |
Carter County | Court of Appeals | 07/19/00 | |
| Thomas W. Yelton vs. State
M1999-00597-CCA-R3-PC
The petitioner, Thomas W. Yelton, appeals the denial by the Bedford County Circuit Court of his petition for post-conviction relief from his 1992 convictions of fabricating evidence, theft of property worth more than one thousand dollars ($1,000), coercion of a witness, and harassment. Specifically, he alleges that he is entitled to relief from his convictions because he received ineffective assistance of counsel during trial proceedings. The petitioner predicates his claim of ineffective assistance of counsel upon the following grounds: (1) trial counsel failed to submit to the trial court a motion requesting the severance of his offenses; (2) trial counsel maintained inadequate contact with the petitioner during trial proceedings; (3) trial counsel failed to adequately investigate his case; and (4) trial counsel failed to adequately advise the petitioner concerning the waiver of his right to appeal his convictions. Following a review of the record and the parties' briefs, we affirm the judgment of the post-conviction court.
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:William Charles Lee |
Bedford County | Court of Criminal Appeals | 07/19/00 | |
| Kelly vs. So. Central Corr. Facility Disciplinary Bd.
M1999-02083-COA-R3-CV
Petitioner, Henderson Kelly, appeals the action of the trial court in granting a Tennessee Rule of Civil Procedure 12.02(6) motion to dismiss his petition for a writ of certiorari requesting review of an agency decision. We affirm the action of the trial judge.
Authoring Judge: Judge William B. Cain
Originating Judge:Robert L. Jones |
Wayne County | Court of Appeals | 07/19/00 | |
| State vs. Christina L. Howard
M1999-02473-CCA-R3-CD
Defendant Christina L. Howard was found guilty by a Williamson County jury of possession with intent to sell or deliver cocaine in an amount greater than 300 grams, possession with intent to sell or deliver marijuana, and possession of drug paraphernalia. After a sentencing hearing, the trial court sentenced Defendant as a Range I standard offender to concurrent terms of twenty years for cocaine possession, one year for marijuana possession, and one day for possession of drug paraphernalia. Defendant raises the following issues in this appeal: (1) whether the trial court erred when it did not instruct the jury on the lesser-included offense of facilitation of a felony; (2) whether the trial court erred when it sentenced Defendant as a standard offender; and (3) whether the trial court erred when it denied Defendant alternative sentencing. The judgment of the trial court is affirmed.
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Henry D. Bell |
Williamson County | Court of Criminal Appeals | 07/19/00 | |
| State vs. Barry Speck
W1999-00436-CCA-R3-PC
The petitioner, Barry L. Speck, appeals the trial court's denial of his petition for post-conviction relief. The state contends that the petition should have been dismissed because of the statute of limitations. The petitioner contends that he received the ineffective assistance of counsel because his attorney failed to use documents provided by the petitioner to impeach the state's witnesses and to provide an alibi for dates listed in the bill of particulars. We hold that the petition was properly considered on its merits, but we affirm the trial court's denial of post-conviction relief.
Authoring Judge: Presiding Judge Joseph M. Tipton
Originating Judge:John P. Colton, Jr. |
Shelby County | Court of Criminal Appeals | 07/19/00 | |
| Beech vs. Hibbett
M1997-00239-COA-R3-CV
This appeal involves a dispute over the proceeds from the Department of Transportation's condemnation of a portion of a tract of real property on Harding Road in Davidson County. When the condemnation took place, a life tenant was occupying the property with a vested remainder interest being held by the life tenant's stepdaughter. Following a disagreement over who should receive the condemnation proceeds, the life tenant's stepdaughter filed suit in the Chancery Court for Davidson County. After the State paid the proceeds into court, the trial court awarded the proceeds to the stepdaughter on the condition that she invest them and share the investment income equally with her stepmother for the duration of the life tenancy. The life tenant has appealed. We have determined that the trial court erred by awarding the condemnation proceeds to the life tenant's stepdaughter and, therefore, reverse the judgment.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Carol L. Mccoy |
Davidson County | Court of Appeals | 07/19/00 | |
| First Utility District of Knox County, Tennessee v. Eleanor Jo Jarnigan-Bodden
E1999-01674-COA-R3-CV
The property owner objected to service of process and asserted due process violations relating to a utility district easement condemnation. Service of process by publication was proper notice to the non-resident Cayman Islands resident, there was no showing that the condemnation for public purpose was not necessary, and there was no right for the property owner to demand a jury of view to determine the proper easement for a water line. Judgment of the Trial Court is affirmed and the case remanded for determination of the compensation due the property owner for the taking.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Judge Harold Wimberly, Jr. |
Knox County | Court of Appeals | 07/19/00 | |
| Hope Cobb v. Advantage Manufacturing Corporation
W1999-01147-WC-R3-CV
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court pursuant to Tennessee Code Annotated _5-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The employee, Hope Cobb, insists that the trial court erred in dismissing her claim at the conclusion of a bench trial on the grounds that she failed to carry the burden of proof that she had given proper notice of her injury to her employer, Advantage Manufacturing Corporation. The employer moves that we find this appeal to be frivolous and grant attorney fees and expenses incurred as a result of this appeal. For the reasons stated in this opinion, We affirm the judgment of the trial court.
Authoring Judge: Weatherford, Sr. J.
Originating Judge:George R. Ellis, Chancellor |
Crockett County | Workers Compensation Panel | 07/19/00 | |
| Michael Youmans vs. Samuel Coleman
W2000-00150-COA-R3-CV
This is a construction case. The general contractor sued the homeowner for failing to make payment under the contract and for failing to pay for "extras" not contained in the original contract. The homeowner asserted that the general contractor failed to make certain corrections to the home, and that he did not agree to pay for "extras." After a bench trial, the trial court held for the homeowner. The general contractor appeals. We affirm, finding that the trial court's decision was based on its determination of the credibility of the witnesses.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Julian P. Guinn |
Carroll County | Court of Appeals | 07/19/00 | |
| Donna Martin vs. Mary Coleman, et al
M1999-02238-COA-R3-CV
This is a dispute over real property which was the subject of an installment land sales contract between the parties and over the proceeds of an insurance policy after the dwelling on the property burned. The trial court ordered that the title to the property be divested from the Seller and be vested in the Buyer and that the remaining proceeds of the insurance policy be awarded to Buyer after all overdue payments of taxes and insurance and the incurred clean up costs were deducted. The Seller appeals on the grounds that the evidence was contrary to the judgment and that the plaintiff had breached the contract and is entitled to neither the property nor the insurance proceeds. For the reasons below, we affirm the judgment as modified.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Allen W. Wallace |
Humphreys County | Court of Appeals | 07/19/00 | |
| State vs. Michael N. Grey
M1999-01428-CCA-R3-CD
The appellant, Michael N. Grey, was convicted by a jury in the Dickson County Circuit Court of two counts of aggravated robbery, a class B felony, and two counts of theft under $500, a class A misdemeanor. The trial court sentenced the appellant to ten years incarceration in the Tennessee Department of Correction for the aggravated robbery convictions. The trial court also sentenced the appellant to eleven months and twenty-nine days incarceration in the Dickson County Jail for the theft convictions.The trial court further ordered that the appellant's sentences be served concurrently. The appellant raises the following issue for review: whether the appellant was denied due process because the State failed to provide him with proper pre-trial exculpatory evidence. Upon review of the record and the parties' briefs, we affirm in part and reverse in part the judgments of the trial court.
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:Allen W. Wallace |
Dickson County | Court of Criminal Appeals | 07/19/00 | |
| State vs. Jere Joseph
W1999-00651-CCA-R3-PC
The petitioner, Jere Lowell Joseph, Jr., appeals two post-conviction cases, claiming that the trial court erred in holding that the petitioner received the effective assistance of counsel in both cases. We affirm the trial court.
Authoring Judge: Presiding Judge Joseph M. Tipton
Originating Judge:J. Steven Stafford |
Dyer County | Court of Criminal Appeals | 07/19/00 | |
| State vs. Jeffery Leon Medley
M1998-00439-CCA-R3-CD
The appellant, Jeffrey Leon Medley, appeals his sentence of eleven months and twenty-nine days incarceration imposed by the Warren County Circuit Court pursuant to the appellant's conviction of improper influence of a juror. Following a review of the record and the parties' briefs, we dismiss this appeal.
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:Charles D. Haston, Sr. |
Warren County | Court of Criminal Appeals | 07/19/00 | |
| Frazier vs. Whisman
M1997-00225-COA-R3-CV
This appeal arises from the efforts of an inmate of the Tennessee Department of Correction to have his sentence recalculated. The prisoner initially wrote to an employee of the department requesting the recalculation. Ten months after receiving the department's letter denying his request, the prisoner filed a petition for a declaratory judgment in the Chancery Court for Davidson County. The trial court dismissed the petition, and the prisoner appeals. We affirm the trial court because the prisoner did not file his petition within sixty days of the department's decision.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Carol L. Mccoy |
Davidson County | Court of Appeals | 07/19/00 |