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| John Paul Seals v. State of Tennessee
E1998-00367-SC-R11-PC
Authoring Judge: Justice E. Riley Anderson
Originating Judge:James E. Beckner |
Hamblen County | Supreme Court | 06/20/00 | |
| Design Concept Corporation vs. Ralph Phelps, et ux
E1999-00259-COA-R9-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:W. Dale Young |
Blount County | Court of Appeals | 06/20/00 | |
| Clark Earls vs. Shirley Earls
M1999-00035-COA-R3-CV
This extraordinary appeal involves the efforts of one party to effectuate an opinion of this court which the Tennessee Supreme Court declined to review. On the first appeal, this court reversed portions of the trial court's final decree and remanded the case with specific directions regarding the details of the order to be entered. After the Tennessee Supreme Court denied the wife's application for permission to appeal, the husband asked the trial court to enter an order consistent with the directions in this court's opinion. After conducting two hearings, the trial court declined to enter the proposed order. We have granted the husband's application for an extraordinary appeal because the trial court, by its refusal to enter a judgment consistent with this court's opinion, has so far departed from the accepted and usual course of judicial proceedings that immediate review of its actions is required. We now (1) vacate the trial court's orders filed after March 29, 2001, (2) direct the clerk of the trial court to enter this opinion and the order accompanying it as the final order in this proceeding, and (3) direct that this case be assigned to another judge in the Twenty-First Judicial District for any further proceedings.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Russell Heldman |
Williamson County | Court of Appeals | 06/20/00 | |
| State vs. Frank Tate
W1999-01068-CCA-R3-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
Originating Judge:Bernie Weinman |
Shelby County | Court of Criminal Appeals | 06/20/00 | |
| State vs. Clifford Douglas Peele
E1999-00907-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
|
Carter County | Court of Criminal Appeals | 06/20/00 | |
| State vs. Bobby Garner
M1999-01427-CCA-R3-CD
Following a Montgomery County Grand Jury indictment, Bobby Garner, the defendant and appellant, pled guilty to one count of aggravated burglary and one count of theft of property over one-thousand dollars. After a sentencing hearing, the trial court sentenced the defendant to serve five years for aggravated burglary and three years for theft. The trial court ordered the defendant to serve the sentences consecutively. On appeal, the defendant argues (1) that the sentences imposed were excessive, (2) that he should have been sentenced alternatively, and (3) that consecutive sentences were inappropriate. After a thorough review of the record, we affirm the judgment of the trial court.
Authoring Judge: Judge Jerry Smith
Originating Judge:Robert W. Wedemeyer |
Montgomery County | Court of Criminal Appeals | 06/20/00 | |
| John Paul Seals v. State of Tennessee
E1998-00367-SC-R11-PC
Authoring Judge: Justice E. Riley Anderson
Originating Judge:James E. Beckner |
Hamblen County | Supreme Court | 06/20/00 | |
| State vs. Sheila Kay Cooper
E1999-00220-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:James B. Scott, Jr. |
Anderson County | Court of Criminal Appeals | 06/20/00 | |
| State of Tennessee v. Jeffrey English
II-1298-401-A
Originating Judge:Timothy L. Easter |
Williamson County | Court of Criminal Appeals | 06/20/00 | |
| Wilson vs. Wilson
M1999-01274-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Larry G. Ross |
Warren County | Court of Appeals | 06/20/00 | |
| State vs. Charles S. Jones
M1999-02335-CCA-R3-CD
On October 30, 1997, the defendant offered guilty pleas to six counts of aggravated burglary, five counts of theft over one thousand dollars, one count of theft under one thousand dollars, and one count of possession of an illegal weapon. After a December sentencing hearing, the trial court ordered the defendant placed on probation and granted him post-trial diversion for a period of six years during which he was to comply with a variety of requirements. Subsequently, separate affidavits were filed in July and September of 1998 alleging that the defendant had violated the terms of his probation. Following a March 1999 hearing concerning these allegations, the trial court entered judgment on the defendant's aforementioned twelve guilty pleas and sentenced him as a Range I Standard Offender to serve an effective sentence of four years for the burglary and theft charges consecutively to eighteen months for the possession of an illegal weapon offense. On appeal, the defendant claims that the trial court erred by (1) failing to consider him for alternative sentencing; (2) improperly enhancing his possession of an illegal weapon sentence and one of his aggravated burglary sentences; and (3) ordering the possession of an illegal weapon charge to run consecutively. After having reviewed the record and applicable authorities, we find these issues to be without merit and, therefore, affirm the trial court's sentence.
Authoring Judge: Judge Jerry Smith
Originating Judge:John H. Gasaway, III |
Montgomery County | Court of Criminal Appeals | 06/20/00 | |
| State vs. Rhonda Jennings
M1999-01093-CCA-R3-CD
On October 28, 1998, at the conclusion of a bench trial, Rhonda Jennings, the defendant and appellant, was found guilty of one count of theft over five-hundred dollars and one count of theft under five-hundred dollars. Following a sentencing hearing on February 26, 1999, the trial court ordered the defendant to serve two years on community corrections after serving twenty days in jail. On April 29, 1999, a warrant was filed against the defendant alleging that she had violated a condition of her community corrections sentence. After an evidentiary hearing on July 12, 1999, the trial court revoked the defendant's community corrections sentence and re-sentenced her to eighteen months incarceration. On appeal, the appellant claims that her sentence is excessive. After a thorough review of the record, we affirm the judgment of the trial court.
Authoring Judge: Judge Jerry Smith
Originating Judge:Timothy L. Easter |
Williamson County | Court of Criminal Appeals | 06/20/00 | |
| State vs. Frank Michael Vukelich
M1999-00618-CCA-R3-CD
On December 8 through December 17, 1998, Frank Vukelich, the defendant and appellant, was tried in the Davidson County Criminal Court for one count of conspiracy to deliver 700 pounds or more of marijuana, three counts of conspiracy to commit money laundering, and five counts of money laundering. The jury found the defendant not guilty of one count of conspiracy to commit money laundering, but guilty on all other counts. Following a subsequent sentencing hearing, the court effectively sentenced the defendant to thirty-four years of incarceration and ordered the defendant to pay fines totaling $180,000. After a hearing regarding the defendant's motion for new trial, however, the trial court dismissed four money laundering counts. The defendant appeals here, arguing; (1) that the trial court erroneously allowed the consolidation of indictments; (2) that although the trial court correctly dismissed four money-laundering counts, the trial court erred by refusing to dismiss the counts prior to trial, thus prejudicing the defendant; (3) that the trial court erroneously denied the defendant's motion to suppress the fruits of two search warrants executed at the defendant's home; (4) that the defendant's confrontation rights were violated by the introduction of hearsay at trial; (5) that the trial court erroneously refused to grant a mistrial; (6) that the trial court erroneously allowed the introduction of prior acts of the defendant at trial; and (7) that his sentence is excessive. The State also appeals here, arguing that the trial court's dismissal of the four money-laundering counts was erroneous. After a review of the record, we hold that the trial court erroneously dismissed the four money laundering counts, and those counts must be reinstated. As to the defendant's claims, we find no merit. Accordingly, the judgment of the trial court is affirmed in part and reversed in part.
Authoring Judge: Judge Jerry Smith
Originating Judge:Walter C. Kurtz |
Davidson County | Court of Criminal Appeals | 06/20/00 | |
| State vs. Jack Welch
W1999-00860-CCA-R3-PC
Authoring Judge: Judge J. Curwood Witt, Jr.
Originating Judge:J. Steven Stafford |
Dyer County | Court of Criminal Appeals | 06/20/00 | |
| Bean vs. Bean
M1999-01822-COA-R3-CV
In the appeal of this divorce case, the Court dismissed the appeal for failure of appellant to substantially comply with T.R.A.P. Rule 27 and Court of Appeals Rules 6 and 15.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Robert L. Holloway |
Lawrence County | Court of Appeals | 06/19/00 | |
| State vs. Dennis Ray Gilliland
M1997-00072-SC-R11-CD
Authoring Judge: Justice William M. Barker
Originating Judge:Allen W. Wallace |
Dickson County | Supreme Court | 06/19/00 | |
| Cora B. Cantrell, et al vs. Knox County Board of Education, et al
E1999-01557-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Harold Wimberly |
Knox County | Court of Appeals | 06/19/00 | |
| Jacob E. Warren v. American Holding Company d/b/a
M1999-00012-WC-R3-CV
This Workers' Compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. _ 5-6- 225(e)(3) for a hearing and reporting of finding of fact and conclusions of law to the SupremeCourt. The sole issue on appeal is whether the trial court's award of 4 weeks of permanent total disability benefits is contrary to Tenn. Code Ann. _ 5-6-27(4)(A)(i), which cuts off permanent total benefits when the worker reaches 65 years of age provided the compensable injury occurred before the workerreached age 6. We hold that the trial court's award of 4 weeks exceeds the number of weeks payable under Tenn. Code Ann. _ 5-6-27(4)(A)(i). For the reasons set forth below, the judgment of the trial court is modified to reflect an award of 195 weeks of permanent total disability benefits. Tenn.R.App.P. 3 Appeal as of Right; Judgment of the Trial Court Modified TOM E. GRAY, SP. J.DROWOTA, J., in which FRANK F. DROWOTA, III, J. and SAMUEL L. LEWIS, SP. J., joined. Bryan Essary, Nashville, Tennessee, for the appellant, American Holding Company d/b/a Wilson Sporting Goods, and Lumbermens Mutual Casualty Company. Ronald Thurman, Cookeville, Tennessee, for the appellee, Jacob E. Warren. OPINION This Workers' Compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. _ 5-6- 225(e)(3) for a -2-
Authoring Judge: Tom E. Gray, Sp. J.Drowota, J.
Originating Judge:John J. Maddux, Jr., Judge |
Warren County | Workers Compensation Panel | 06/19/00 | |
| State vs. Alvin Tate
W1999-01224-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Originating Judge:Arthur T. Bennett |
Shelby County | Court of Criminal Appeals | 06/16/00 | |
| Allen vs. Lloyd
M1999-01739-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Thomas W. Brothers |
Davidson County | Court of Appeals | 06/16/00 | |
| State vs. Fred Hegwood, Jr.
M1999-00781-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Originating Judge:Donald P. Harris |
Williamson County | Court of Criminal Appeals | 06/16/00 | |
| Kelley vs. Tomlinson
M1999-01176-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Barbara N. Haynes |
Davidson County | Court of Appeals | 06/16/00 | |
| Knox Loudon Corporation vs. Town of Farragut
E2000-00174-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Dale C. Workman |
Knox County | Court of Appeals | 06/16/00 | |
| State vs. Lawrence Ralph, Jr.
M1999-01635-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Originating Judge:Charles D. Haston, Sr. |
Warren County | Court of Criminal Appeals | 06/16/00 | |
| State vs. Charles William Young
M1999-01240-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Originating Judge:W. Charles Lee |
Marshall County | Court of Criminal Appeals | 06/16/00 |