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| State vs. Dana Louise Solomon
E1999-01108-CCA-R3-CD
The appellant, Dana Louise Solomon, was convicted by a jury in the Knox County Criminal Court of first degree murder and received a sentence of life imprisonment in the Tennessee Department of Correction. On appeal, she raises several issues for our review. However, because the appellant failed to timely file her motion for new trial, she has waived all issues with the exception of her challenge to the sufficiency of the evidence underlying her conviction. Moreover, the appellant failed to timely file her notice of appeal. Nevertheless, in the interest of justice, we address the sufficiency of the evidence. Upon 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:Mary Beth Leibowitz |
Knox County | Court of Criminal Appeals | 08/18/00 | |
| State vs. Derrick Williams
W1999-01231-CCA-R3-CD
This appeal arises from the defendant's challenge to his sentence of twelve years plus a $10,000 fine for vehicular homicide, four years for reckless aggravated assault, one year for leaving the scene of an accident, and eleven months and twenty-nine days plus a $350 fine for driving under the influence. The sentences are to be served concurrently. The defendant disputes the trial court's application of three of four enhancement factors and refusal to apply a mitigating factor in reaching the sentence. Based upon our review, we affirm the convictions for vehicular homicide, reckless aggravated assault, and leaving the scene of an accident, and reverse and dismiss the conviction for driving under the influence, this offense being merged into the conviction for vehicular homicide. Additionally, we conclude that the trial court incorrectly applied certain enhancement factors. According, we reduce the sentence for vehicular homicide to ten years and the sentence for reckless aggravated assault to three years. All sentences are to be served concurrently, as ordered by the trial court.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Dick Jerman, Jr. |
Crockett County | Court of Criminal Appeals | 08/18/00 | |
| Ella Pruett vs. Wal-Mart
W1999-01026-COA-R3-CV
Plaintiff sued employer under Americans With Disabilities Act and case was tried before a jury. After a jury verdict for plaintiff, defendant moved for judgment notwithstanding the verdict which the court granted. Plaintiff has appealed. The record reflects that defendant failed to move for a directed verdict at the conclusion of all of the evidence and also reflects that no judgment was entered on the jury verdict. Appeal dismissed.
Authoring Judge: Judge W. Frank Crawford
|
Madison County | Court of Appeals | 08/17/00 | |
| Walter Taylor, Jr. v. Athens Paper Company, Inc., et al.
M1999-00853-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 hearing and reporting of findings of fact and conclusions of law. The employer contends the trial court erred in finding the employee did not intentionally misrepresent his physical condition to the employer, and in finding a causal connection between the June 1998 accident and the October 1998 surgery and permanent impairment, and in finding employer responsible for "unauthorized" medical benefits. The panel has concluded that the judgment of the trial court should be affirmed on all issues.
Authoring Judge: Turnbull, Sp. J.
Originating Judge:Hon. Ellen Hobbs Lyle, Judge |
Davidson County | Workers Compensation Panel | 08/17/00 | |
| Claudean Edwards Hulsey v. Peterbilt Motors
M1999-00350-WC-R3-CV
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel in accordance with Tenn. Code Ann. _ 5-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. In this case, the employer contends that the award of permanent partial disability benefits is excessive. The employee asserts that the appeal is frivolous. The panel has concluded the award should be affirmed and no damages should be awarded for a frivolous appeal.
Authoring Judge: Turnbull, Sp. J.
Originating Judge:Hon. James Walton, Judge |
Robertson County | Workers Compensation Panel | 08/17/00 | |
| Construction Company, Appellee v. Pennsylvania National
M1999-01917-WC-R3-CV
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel in accordance with the Tenn. Code Ann. _5-6-225(e)(3) for hearing and reporting findings of fact and conclusions of law. In this case, a temporary employer and its insurance company contend the trial court erred in finding a deceased employee to be a loaned servant. The panel has concluded that the judgment of the trial court should be affirmed because the deceased employee was a loaned servant.
Authoring Judge: Turnbull, Sp.J.
Originating Judge:Hon. Carol Mccoy, Chancellor |
Davidson County | Workers Compensation Panel | 08/17/00 | |
| Byron Lowell Mitts vs. Virginia Ann Jones Mitts
E2000-00374-COA-R3-CV
The trial court dissolved a marriage of over 26 years. Wife appeals, arguing (1) that the increase in value of Husband's separate property interest in two stock holdings is, in each instance, marital property; (2) that the trial court erred in its award of alimony; (3) that the trial court erred in calculating Husband's child support obligation; and (4) that she is entitled to an award of attorney's fees, both at the trial level and on appeal. We affirm the trial court's classification of the increase in value of Husband's Rivermont stock as his separate property. We also affirm the trial court's finding that no portion of the value of the Coca-Cola stock is marital property. We modify the award of rehabilitative alimony so as to provide for a monthly payment of $2,000 for a period of four years beginning with the first full month after the entry of the divorce judgment below. We find that Wife is entitled to her attorney's fees at both stages of this proceeding. We remand this case for the trial court to determine if the child support obligation should be increased due to Husband's lack of standard visitation.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:W. Neil Thomas, III |
Hamilton County | Court of Appeals | 08/16/00 | |
| Richardson vs. Miller
M1997-00205-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Marietta M. Shipley |
Davidson County | Court of Appeals | 08/16/00 | |
| Walter Jefferson vs. Captain D's et al
W1999-00574-COA-R3-CV
In this personal injury action, plaintiff timely filed suit, which was subsequently dismissed for failure to prosecute. Another suit was commenced within one year of the first dismissal. This suit was voluntarily nonsuited at a later date. A third suit was commenced within one year of the voluntarily nonsuit, but more than one year from the date of the first dismissal. The trial court granted summary judgment on the ground that the suit was barred by the statute of limitations. Plaintiff has appealed.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:George H. Brown |
Shelby County | Court of Appeals | 08/16/00 | |
| Huffer vs. State
M1999-01278-COA-R3-CV
The claimants sought to hold the State liable for the personal injuries and deaths caused in an automobile accident on U.S. Highway 64 in Franklin County. After first holding that the State's negligence was the cause of twenty-five percent of the damages, the Claims Commissioner modified his findings and concluded that the State had a discretionary function immunity and that the sole proximate cause of the accident was the negligence of the driver of the automobile in which the injured persons were riding. We affirm on the proximate cause issue.
Authoring Judge: Judge Ben H. Cantrell
|
Franklin County | Court of Appeals | 08/16/00 | |
| State vs. Elpidio Valdez
M1999-00791-CCA-R3-CD
Authoring Judge: Judge Jerry Smith
Originating Judge:J. Randall Wyatt, Jr. |
Davidson County | Court of Criminal Appeals | 08/16/00 | |
| Carl O. Koella, Jr. vs. Fred McHargue, et al
E1999-02752-COA-R3-CV
This is the second time that this case has been before us on appeal. On the first appeal, which was filed with respect to an order entered pursuant to Tenn. R. Civ. P. 54.02, we affirmed the trial court's grant of partial summary judgment to the plaintiff on the primary issue raised by the original complaint for declaratory judgment. While that case was pending on appeal, the original plaintiff, Carl O. Koella, Jr., died, and, on motion of his counsel, we entered an order substituting his widow, Maribel Koella, in his place. On remand, the plaintiff -- not otherwise identified in the pleading -- filed a motion in the trial court to dismiss the defendants' still-pending counterclaim. That motion was based on the failure of the defendants, in their capacity as counter-plaintiffs, to file a motion "to substitute the proper party for [Mr. Koella] in the trial court." The trial court granted the motion. We reverse.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:C. K. Smith |
Blount County | Court of Appeals | 08/16/00 | |
| State vs. Arnold K. Ward
M1999-00357-CCA-R3-CD
The appellant/defendant, Arnold K. Ward, Jr., appeals as of right from a judgment of conviction and sentencing imposed by the Williamson County Circuit Court. Upon jury conviction for attempted murder second degree and assault, the trial court imposed sentences of eleven (11) years for attempted murder second degree and eleven (11) months and twenty-nine (29) days for assault. The trial court ordered the sentences to be served concurrently. In his appellate issues, the defendant asserts that: (1) the indictment for count one is defective; (2) the defendant was denied his right to compulsory process; (3) extra-judicial communication during the trial between a witness and a juror contaminated the proceedings; (4) there was insufficient evidence for which a rational trier of fact could find the defendant guilty; (5) the defendant was convicted of a charge that does not exist under Tennessee law; and (6) the defendant's sentence is excessive. After a review of the entire record, we find the appellate issues without merit and affirm the trial court's judgment.
Authoring Judge: Sr. Judge L. Terry Lafferty
Originating Judge:Timothy L. Easter |
Williamson County | Court of Criminal Appeals | 08/16/00 | |
| Ross vs. Campbell
M1999-01805-COA-R3-CV
An inmate in custody of the Tennessee Department of Correction brought an action for declaratory judgment contending that the Department failed to give him all sentence credits due. The trial court granted the respondent's motion for summary judgment and we affirm on the basis that no genuine issue of material fact was shown.
Authoring Judge: Judge David R. Farmer
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 08/16/00 | |
| Heathman-Wood vs. Wood
M1999-00341-COA-R3-CV
This is a post-divorce child custody case. When the mother and father divorced, by agreed order, they gave custody of their minor child to the child's maternal aunt and uncle. The aunt and uncle later petitioned the trial court to allow them to move with the child to another state. The father then sought custody of the child. The trial court found that the father had failed to prove a change in circumstances warranting a change in custody from the aunt and uncle. Consequently, the father's petition for custody was dismissed and the aunt and uncle's petition to move to another state was granted. We reverse, finding that an erroneous legal standard was used. The cause is remanded for a determination of whether granting the father's petition for custody would result in substantial harm to the child.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Leonard W. Martin |
Cheatham County | Court of Appeals | 08/16/00 | |
| State vs. Elpidio Valdez
M1999-00791-CCA-R3-CD
Authoring Judge: Judge Jerry Smith
Originating Judge:J. Randall Wyatt, Jr. |
Davidson County | Court of Criminal Appeals | 08/16/00 | |
| Johnson vs. Allstate
M1999-01639-COA-R3-CV
Insured sued his insurer to recover policy coverage due on a fire loss to his automobile after the insurer denied coverage under the fraud provision of the policy. Judgment was entered on a jury verdict for the insured, and the insurer has appealed.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Buddy D. Perry |
Grundy County | Court of Appeals | 08/16/00 | |
| State vs. William Dozier
W1999-00243-CCA-R3-CD
The defendant entered guilty pleas to three charges of sale of more than .5 grams of cocaine. The trial court sentenced the defendant as a Range I, standard offender to eight years in the Tennessee Department of Correction on each charge. The court ordered that the sentences be served concurrently for an effective sentence of eight years and fined the defendant $2,000. In this appeal as of right, the defendant challenges the sentence imposed by the trial court, arguing that the court erred by denying him an alternative method of punishment. We conclude that the trial court considered all relevant factors needed to reach an appropriate sentence and that its findings are adequately supported by the record. The defendant has failed to meet his burden of showing that the sentence was improper, and, accordingly, the judgment of the trial court is affirmed.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:William B. Acree |
Obion County | Court of Criminal Appeals | 08/16/00 | |
| State vs. Wayne Michael Fuller
E1999-01676-CCA-R3-CD
The defendant appeals from his sentence imposed for seven counts of statutory rape, a Class E felony, in the Knox County Criminal Court. The trial court imposed a sentence of two years for each count to be served in the Department of Correction. The trial court imposed consecutive sentencing on five counts and concurrent sentencing was imposed on two counts, for an effective sentence of ten years. In this direct appeal, the defendant challenges the length of the sentence and consecutive sentencing. We affirm the judgment of the trial court.
Originating Judge:Ray L. Jenkins |
Knox County | Court of Criminal Appeals | 08/16/00 | |
| Wright vs. Hull
M1999-02307-COA-R3-CV
Plaintiff/Appellee, Bill D. Wright, sued to set aside a 1986 deed whereby he conveyed a certain tract of land to Defendant/Appellant, Bonnie S. Hull. He charged failure of consideration and fraud. Defendant, Ms. Hull, asserted that she and Mr. Wright cohabited without marriage for twelve years until their separation in 1998. She asserted that the property conveyance was a gift and was also conveyed to her by Mr. Wright to put the property out of the reach of his creditors. The trial court held the parties to be equal tenants in common and ordered the property sold. We reverse the trial court and dismiss the case.
Authoring Judge: Judge William B. Cain
Originating Judge:Billy Joe White |
Fentress County | Court of Appeals | 08/16/00 | |
| State of Tennessee, Department of Children Services, v. MR
E1999-02703-COA-R3-CV
The Trial Judge granted the Department's petition to terminate parental rights of the mother to her ten year old child on numerous grounds. The mother has appealed, and we affirm termination.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Judge David Schulty |
Greene County | Court of Appeals | 08/16/00 | |
| Paul Wallace vs. Rhonda Mitchell
W1999-01487-COA-R3-CV
Tenured teacher was discharged after an evidentiary hearing before the school board upon finding that the teacher inappropriately touched students and failed to discontinue the practice after warnings. The teacher filed a petition for writ of certiorari for review by the chancery court and after the chancery court's review of the record of the school board hearing, the action of the board dismissing the teacher was affirmed. The teacher has appealed to this Court.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Ron E. Harmon |
Decatur County | Court of Appeals | 08/16/00 | |
| Mills vs. Solomon
M1998-00393-COA-R3-CV
These proceedings began when David Mills filed a complaint seeking to condemn an easement across Linda Solomon's property. In bifurcated proceedings, the jury first determined the location of Mills' easement across Solomon's property and, later, found that Solomon was entitled to an award of damages totaling $11,908 for the easement, including $9900 in incidental damages. On appeal from the trial court's judgment entered on the jury's verdict, Mills challenges only the award of $9900 in incidental damages. We agree with Mills' contention that the record fails to contain material evidence to support the award of incidental damages, and we reverse that portion of the trial court's judgment.
Authoring Judge: Judge David R. Farmer
Originating Judge:Robert E. Corlew, III |
Cannon County | Court of Appeals | 08/16/00 | |
| State vs. Jerry W. Yancey, Jr.
M1999-02131-CCA-R3-CD
The appellant/defendant, Jerry W. Yancey, Jr., was convicted by the Williamson County Jury on four counts, two counts of aggravated assault and two counts of felony reckless endangerment. In count five, the defendant was found not guilty of felony reckless endangerment. Upon the defendant's conviction for aggravated assault, the trial court imposed sentences of three and one-half (3-_) years in the Department of Correction. However, the trial court placed the defendant on probation for four (4) years with certain special conditions, mainly that the defendant serve sixty (60) days, day for day, in the Williamson County Jail. In his appeal, the defendant challenges: (1) Whether the trial court erred in finding that the District Attorney General did not abuse his discretion in denying the defendant pre-trial diversion?; and (2) Whether the trial court erred in denying the defendant full probation? Upon our review of the entire record, we find no reversible error and affirm the judgment of the trial court.
Authoring Judge: Sr. Judge L. Terry Lafferty
Originating Judge:Timothy L. Easter |
Williamson County | Court of Criminal Appeals | 08/16/00 | |
| Thomas H. Caffey vs. Kevin Myers, Warden
M2000-00200-CCA-R3-PC
Petitioner challenges the trial court's summary dismissal of his petition for writ of habeas corpus. Petitioner was convicted in Davidson County in 1985 of two counts of armed robbery and felonious use of a motor vehicle. He was sentenced to two terms of life imprisonment and an additional four years, to be served consecutively to one another and consecutively to a prior Oklahoma sentence. Petitioner does not challenge the legality of the convictions underlying his current sentences, but rather asserts that equitable estoppel and a due process violation mandate that he not be required to serve his Tennessee sentences. Upon our review of the record, we affirm the dismissal of the petition for writ of habeas corpus.
Authoring Judge: Sr. Judge L. Terry Lafferty
Originating Judge:Jim T. Hamilton |
Wayne County | Court of Criminal Appeals | 08/16/00 |