State vs. Johnny Perry
02C01-9605-CR-00160
Trial Court Judge: L. Terry Lafferty

Shelby Court of Criminal Appeals

State vs. Jimmy Robinson
02C01-9603-CC-00079

Lake Court of Criminal Appeals

State of Tennessee v. David Paul Martin
03S01-9604-CR-00040
Authoring Judge: Justice E. Riley Anderson
Trial Court Judge: Judge Richard Baumgardner

We granted review in this case to determine whether a court-ordered mental evaluation violated the defendant’s right against self-incrimination and the right to counsel under the United States and Tennessee Constitutions.

Supreme Court

Thelma W. Kelley, v. John E. Vance and Betty L. Vance, and Allstate Insurance Company
03A01-9701-CV-00031
Authoring Judge: Justice Herschel Pickens Franks
Trial Court Judge: Judge Ben W. Hooper, II

In this action, plaintiff seeks uninsured motorist coverage from her insurance company, and the Trial Court, responding to motion for summary judgment, granted judgment to defendant Allstate Insurance Company (Allstate). Plaintiff has appealed.

 

Sevier Court of Appeals

Barry Wells vs. Ron Rickard
02C01-9610-CV-00358
Trial Court Judge: Joseph H. Walker, III

Lauderdale Court of Criminal Appeals

State vs. Freddie Mans
02C01-9605-CR-00147
Trial Court Judge: W. Fred Axley

Shelby Court of Criminal Appeals

Barry Wells vs. Ron Rickard
02C01-9610-CV-00358
Trial Court Judge: Joseph H. Walker, III

Lauderdale Court of Criminal Appeals

Pacific Properties, v. Home Federal Bank of Tennessee, v. Michael S. Stalcup
03A01-9701-CV-00020
Authoring Judge: Senior Judge William H. Inman
Trial Court Judge: Judge William R. Holt, Jr.

This action for conversion was submitted to a jury which returned a general verdict for the plaintiff, thereby implicitly finding that the fact-driven principal defense of the Statute of Limitations was not well-taken. Home Federal appeals and presents for review issues which, as paraphrased, question the propriety of the submission of the case to the jury, whether the defense of Statute of Limitations was well-taken, as a matter of law, whether requested jury instructions should have been given and whether the drawer of a check adequately instructed the drawee Bank as to its disposition. Pacific Properties

Court of Appeals

State vs. James Harvest
02C01-9506-CC-00167
Trial Court Judge: Jon Kerry Blackwood

Hardeman Court of Criminal Appeals

David Dunnehew vs. Donna Dunnehew
02A01-9604-CH-00079

Court of Appeals

Glenda Whisenhunt vs. Gordon Whisenhunt
02A01-9506-CV-00126
Trial Court Judge: James E. Swearengen

Shelby Court of Appeals

State vs. James Harvest
02C01-9506-CC-00167
Trial Court Judge: Jon Kerry Blackwood

Hardeman Court of Criminal Appeals

State of Tennessee vs. John Claude Wells, III
01C01-9505-CR-00146
Authoring Judge: Presiding Judge Joe B. Jones
Trial Court Judge: Judge Ann Lacy Johns

The appellant, John Claude Wells, III, (defendant), was convicted of nine (9) counts of aggravated sexual battery, a Class B felony, by a jury of his peers. The trial court, finding the defendant to be a standard offender, imposed a Range I sentence consisting of confinement for ten (10) years in the Department of Correction in each of the nine counts. The sentences must be served consecutively. The effective sentence imposed was confinement for ninety (90) years in the Department of Correction.

Davidson Court of Criminal Appeals

Casey Lynn Burgess, v. Brenda Lea (Burgess) Welch
03A01-9703-PB-00077
Authoring Judge: Presiding Judge Houston M. Goddard
Trial Court Judge: Judge John A. Bean

By this appeal Casey Lynn Burgess insists that the Trial Court was in error in dismissing his petition for change of custody of his two children, custody of whom by the divorce decree was awarded to Ms. Welch.

Cumberland Court of Appeals

Gladstone Ralph Hobbs v. Mollie Jane Hobbs - Concurring
03A01-9702-CV-00063
Authoring Judge: Judge Don T. McMurray
Trial Court Judge: Judge Chester Mahood

This is a divorce action. The defendant (wife) assertson this appeal, among other things, that the trial court abused its discretion in denying a continuance of the trial. The record reflects that there was a great deal of confusion as to the way and manner the case was set for trial because of the resignation of the former Circuit Judge. The wife's counsel claims to have had no notice of the trial date until the day the case was set for trial. On that date, he applied to the court for a continuance. The court continued the case until the following morning at 7:00 a.m. Prior to the trial, the court allowed the wife's attorney to make a motion for a continuance on the record, with a written motion, to be filed as exhibit No.1. Counsel's affidavit supporting the motion for a continuance was allowed to be filed as exhibit 2.

Greene Court of Appeals

Keith Hardware, Inc. v. Douglas L. White and Carolyn L. White - Concurring
03A01-9610-CH-00339
Authoring Judge: Judge Herschel P. Franks
Trial Court Judge: Chancellor Lewis W. May

The issue on this interlocutory appeal granted pursuant to T. R. A. P. Rule 9, is whether the lease between the parties is too broad to be enforceable, as was held by the Trial Court.

Washington Court of Appeals

Corbin Dale Meador, v. Linda J. Meador
03A01-9612-CV-00405
Authoring Judge: Judge Robert M. Summitt
Trial Court Judge: Presiding Judge Houston P. Goddard

The controversy presently on appeal attacks a judgment entered in a post-divorce petition for contempt, wherein Linda J. Meador seeks to recover property she contends was awarded he i the divorce decree and to find her fomer husband, Corbin Dale Meador in contempt of court for refusing to deliver the property to her.

 

Hamilton Court of Appeals

Anthony W. Nance and Brandon Nance v. Christopher H. Strunk
03A01-9701-CV-00037
Authoring Judge: Justice Herschel P. Franks
Trial Court Judge: Judge Conrad E. Troutman, Jr.

In this action arisitn grom a motor vehicle accident, the defendants were granted summary judgment and plaintiffs have appealed.

Campbell Court of Appeals

First Tennessee Bank, National Association, v. Jessi O. Quillian
03A01-9701-CH-00014
Authoring Judge: Judge Don T. McMurray
Trial Court Judge: Chancellor R. Vann Owens

This case originated as an action to collect monies due under the terms of a promissory note executed by the defendant to the plaintiff First Tennessee Bank, National Association. An answer was filed by the defendant admitting the execution of the note and that there was an outstanding balance thereon. He also filed a counterclaim in which he sought a setoff and damages for forged checks drawn on his account and paid by the bank. The trial court on motion of the plaintiff, entered a summary judgment against the defendant on the original complaint and dismissed the counterclaim. A judgment in the amount of $34,399.24 was entered against the defendant. This appeal resulted. We affirm the judgment of the trial court.

Hamilton Court of Appeals

Crystal M. Trueitt v. Alan A. McCurry and Carmen Y. Silvels, v. Alan A. McCurry
03A01-9612-CV-00399
Authoring Judge: Presiding Judge Houston P. Goddard
Trial Court Judge: Judge Samuel H. Payne

Crystal M. Trueitt and Carmen Y. Silvels, individually and as mother and next friend of Christopher M. Silvels, a minor,2 appeal jugements rendered in heir favor in the Circuit Court for Hamilton County in the amount of $1,033.36, $1,004.60, and $98.50, respectively.

 

Hamilton Court of Appeals

Aeyon Cho v. Dae-Young Jeong - Concurring
03A01-9608-CV-00257
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Judge Bill Swan

We granted the application of Dae-Young Jeong (Husband) for an interlocutory appeal pursuant to Rule 9, T.R.A.P., to consider whether the trial court has subject matter jurisdiction to grant his wife, the plaintiff Aeyon Cho (Wife), an absolute divorce.

Knox Court of Appeals

Whitney Leigh Davidson, Minor Child, by next friend, Rozan Davidson, v. Donna Wright, et al.
03A01-9702-CH-00051
Authoring Judge: Senior Judge William H. Inman
Trial Court Judge: Chancellor William Everett Lantripp

The Knox County Board of Education adopted a policy against the possession of weapons on school campuses for the school year beginning in September 1995. Whitney Leigh Davidson was provided a copy of the West High School Handbook which explained the policy and the consequences of its violation. On January 23, 1996, while a junior at West High School, she was suspended for a violation of the policy. Following a series of administrative hearings the Board of Education held a plenary hearing and upheld the decision to expel Ms Davidson for one year. Judicial review resulted in a finding that the Board had not acted arbitrarily, illegally or beyond its jurisdiction in expelling Ms. Davidson.

Knox Court of Appeals

State of Tennessee vs. Eldred Reid
01C01-9511-CC-00390
Authoring Judge: Judge William M. Barker
Trial Court Judge: Judge J. S. Daniel

The Appellant, Eldreid Reid, appeals as of right his conviction and sentence for one count of rape. He argues on appeal:

 (1) The trial court erred when it permitted the State to introduce evidence that Dorey Horton’s daughter had charged her with assault.
(2) The trial court erred in refusing to permit him to elicit certain testimony from Dorey Horton and in not allowing him to make an offer of proof regarding that testimony.
(3) The trial court erred when it prohibited him from introducing testimony that the first grand jury which considered the case returned a no true bill.
(4) His sentence is excessive.


We have reviewed the record presented in this appeal and find no reversible error. Accordingly, we affirm the Appellant’s conviction and sentence.

Rutherford Court of Criminal Appeals

State of Tennessee vs. Michael Robey
01C01-9607-CR-00291
Authoring Judge: Judge Paul G. Summers
Trial Court Judge: Judge Jane W. Wheatcraft

The appellant, Michael Wayne Robey, was indicted on two counts of aggravated burglary and two counts of theft. As part of a plea agreement, the two theft charges were dismissed; and he pled guilty to two counts of aggravated burglary. The appellant was classified as a Range II, multiple offender and the state recommended concurrent sentences of seven years at 35%.

Sumner Court of Criminal Appeals

Richard Gause D/B/A Roofworks of Tennessee, v. Anice Cole, D/B/A Riverside Shop and Jerry Ogle
03A01-9707-CH-00001
Authoring Judge: Judge Don T. McMurray
Trial Court Judge: Chancellor Chester R. Rainwater, Jr.

This case originated as an action to enforce a lien for work and materials pursuant to  T. C. A. § 66- 11- 126. The plaintiff alleged that he had furnished equipment, labor, and materials which were used for improvements on the property which the defendant, Cole occupied as lessee and the defendant, Ogle, was an owner. The defendant, Ogle, filed an answer, generally stated that he owned an interest in the subject property, but was without sufficient knowledge or information to form a belief as to the truth of the allegations set forth in the complaint.

 

.

Sevier Court of Appeals