| State of Tennessee v. Kerwin Dowell - Order
M2001-00970-CCA-R3-CD
Defendant appeals the length of his sentences on four counts of aggravated burglary. We affirm pursuant to Rule 20, Rules of the Court of Criminal Appeals
Authoring Judge: Judge Joe G. Riley
Originating Judge:Judge Michael R. Jones |
Montgomery County | Court of Criminal Appeals | 04/22/02 | |
| State of Tennessee v. Michael Wqyne Belcher
E2001-00515-CCA-R3-CD
The defendant appeals his convictions for aggravated burglary and possession of burglary tools. After a review of the record, we conclude that the defendant was not prejudiced by the State’s failure to redact an obscure reference to the defendant’s probation status from an audio taped statement that was played at trial. However, we are unable to find sufficient evidence to establish that the defendant had a hammer and screwdriver in his automobile with the intent to commit burglary. Therefore, the defendant’s conviction for possession of burglary tools, a Class A misdemeanor, is reversed and dismissed. The aggravated burglary conviction is affirmed.
Authoring Judge: Judge John Everett Williams
Originating Judge:Judge Robert E. Cupp |
Carter County | Court of Criminal Appeals | 04/22/02 | |
| Nicolaie Lucescu v. Twin City Motors, Inc.
E2001-00672-WC-R3-CV
The issue presented by this appeal is whether there is evidence to support the finding of the trial court that the hernia experienced by the employee occurred before the date of the report of the accident and is, therefore, not compensable under the Hernia Statute, T.C.A. _5-6-212. After a review of the record and the briefs and after consideration of the arguments of counsel, we find that the trial court simply chose to believe the plaintiff's treating physician rather than the plaintiff as to when the hernia occurred. We, therefore, affirm.
Authoring Judge: W. Neil Thomas, III,
Originating Judge:Telford Fogerty, Jr., Chancellor |
Knox County | Workers Compensation Panel | 04/22/02 | |
| W2002-00301-COA-R3-CV
W2002-00301-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Martha B. Brasfield |
Lauderdale County | Court of Appeals | 04/22/02 | |
| Melissa Taylor vs. Terry Taylor Jr.
W2001-02247-COA-R3-CV
Husband moved the trial court to set aside a default judgment and permanent parenting plan in this divorce action on the basis that the final decree and permanent parenting plan differed significantly from the relief sought in the complaint and temporary parenting plan filed by Wife. The trial court denied the motion and Husband appeals. We reverse the decision of the trial court insofar as it failed to grant Husband the relief sought.
Authoring Judge: Judge David R. Farmer
Originating Judge:Joe C. Morris |
Chester County | Court of Appeals | 04/22/02 | |
| Larry Littles vs. Donal Campbell
W2002-00265-COA-R3-CV
Petitioner, an inmate of the Tennessee Department of Correction, filed a petition for writ of certiorari, seeking judicial review of a disciplinary hearing at which the disciplinary board found him guilty of Conspiracy to Violate State Law and sentenced him to punitive segregation. The trial court granted respondents' motion to dismiss for, inter alia, failure to state a claim. We affirm.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Martha B. Brasfield |
Lauderdale County | Court of Appeals | 04/22/02 | |
| Richard Madkins vs. State
W2001-03002-COA-R3-CV
Plaintiff was convicted of especially aggravated robbery and attempted felony murder. The trial court sentenced Plaintiff to two consecutive sentences of sixty years for each count. In an opinion filed on March 22, 1999, the Tennessee Supreme Court reversed Plaintiff's conviction for attempted felony murder, concluding that the offense did not exist in Tennessee. On March 28, 2001, Plaintiff sued the State of Tennessee in the Division of Claims Administration. The State filed a motion to dismiss Plaintiff's action, which the Claims Commission granted. Plaintiff appeals the decision of the Claims Commission. We affirm.
Authoring Judge: Judge David R. Farmer
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Shelby County | Court of Appeals | 04/22/02 | |
| Offroad Performance vs. John Walls
W2001-02563-COA-R3-CV
This is a breach of contract case. The parties had an oral contract for the sale of goods. The plaintiff seller asserted that the parties orally agreed on a price of $23,000; the defendant buyer paid $10,000 in advance of shipment. The buyer maintained that his $10,000 payment was the entire agreed sale price. The trial court found that the sale price was $23,000. The defendant appeals, arguing that Tennessee's statute of frauds prohibited enforcement of the contract beyond the price admitted by the defendant. We affirm, finding that, once the defendant admitted the existence of an oral contract, the trial court could determine the contract's terms based on witness testimony and other relevant evidence.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Robert L. Childers |
Shelby County | Court of Appeals | 04/22/02 | |
| State of Tennessee v. Christopher Campbell
W2001-01916-CCA-R3-CD
The Appellant, Christopher Campbell, appeals the sentencing decision of the Shelby County Criminal Court following his jury conviction for aggravated robbery. At sentencing, the trial court ordered that Campbell's eight-year sentence in this case be served consecutively to three prior convictions for aggravated robbery. On appeal, Campbell argues that the trial court erred in ordering consecutive sentences. Because the trial court failed to recite any reasons for imposing consecutive sentences as required by Rule 32, Tennessee Rules of Criminal Procedure, we are unable to perform appellate review of the sentencing issue. Accordingly, the case is remanded for determination of consecutive sentencing as provided by Rule 32.
Authoring Judge: Judge David G. Hayes
Originating Judge:Judge Carolyn Wade Blackett |
Shelby County | Court of Criminal Appeals | 04/22/02 | |
| State of Tennessee v. Johnny Moffitt
W2001-00781-CCA-R3-CD
The defendant, Johnny Moffitt, entered a plea of guilt to second degree murder. The trial court imposed a Range I sentence of 10 years. By agreement, the defendant reserved a certified question of law. See Tenn. R. Crim. P. 37. The issue presented in this appeal is whether the trial court should have dismissed the charge due to the loss or destruction of evidence. The judgment is affirmed.
Authoring Judge: Presiding Judge Gary R Wade
Originating Judge:Judge Roy Morgan |
Henderson County | Court of Criminal Appeals | 04/19/02 | |
| Nakia Rumph v. State of Tennessee
W2001-02066-CCA-R3-PC
The Appellant, Nakia Rumph, appeals from the dismissal of his petition for post-conviction relief. In 2000, Rumph pled guilty to two counts of aggravated sexual battery and was sentenced to eight years imprisonment on each count. On appeal, Rumph challenges the validity of his guilty plea upon grounds of: (1) voluntariness and (2) ineffective assistance of counsel. After review, we affirm the judgment of the Madison County Circuit Court dismissing the petition.
Authoring Judge: Judge David G. Hayes
Originating Judge:Judge Clayburn L. Peeples |
Madison County | Court of Criminal Appeals | 04/19/02 | |
| State of Tennessee v. Elwood Jeffrey Barrigher
W2001-02238-CCA-R3-CD
The Appellant, Elwood Jeffrey Barrigher, appeals the judgment of the Obion County Circuit Court revoking his placement in the Community Corrections program and reinstating his original nine-year sentence in the Department of Correction. Prior to his revocation, Barrigher was serving a nine-year Community Corrections sentence, which stemmed from his 1999 class B felony conviction for delivery of a Schedule II controlled substance. Finding no abuse of discretion, we affirm the revocation.
Authoring Judge: Judge David G. Hayes
Originating Judge:Judge William B. Acree |
Obion County | Court of Criminal Appeals | 04/19/02 | |
| Sherry Hall v. Mark Hall
M2000-01788-COA-R3-CV
This is a divorce case. The wife was awarded more than half of the martial assets and alimony in futuro in amounts that would step down after three years and end when the wife reaches retirement age. In addition, the trial court awarded the wife, in lieu of attorney's fees, ownership in a life insurance policy on the husband's life. The husband now appeals the trial court's division of marital property, the award of alimony in futuro, and the award relating to attorney's fees. We affirm the trial court's division of marital property and the award relating to attorney's fees, but we reverse the trial court's award of alimony in futuro and instead award rehabilitative alimony.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Royce Taylor |
Rutherford County | Court of Appeals | 04/19/02 | |
| Ben Houston v. Michele Houston
M2001-02538-COA-R3-CV
In this post-divorce proceeding, the appellant, Ben Thomas Houston (hereinafter "Father"), filed a petition for modification of child support. The trial court increased Father's child support obligation and awarded the appellee, Michelle Houston (hereinafter "Mother"), attorney's fees. Father appeals. We affirm.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Muriel Robinson |
Davidson County | Court of Appeals | 04/19/02 | |
| Melody Knowles v. Jack Knowles
M2001-01282-COA-R3-CV
Wife sued for divorce on grounds of inappropriate marital conduct and adultery. The trial court granted Wife an absolute divorce, awarded her alimony in futuro and attorney fees, and ordered Husband to pay Wife's health insurance costs. Husband appeals. We reverse in part and affirm in part.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Russell Heldman |
Lewis County | Court of Appeals | 04/19/02 | |
| Rhea County vs. Town of Graysville
E2001-02313-COA-R3-CV
In this appeal we are called upon to determine whether the Trial Court erred in its finding that the Appellee Town of Graysville's validly annexed certain territory within the boundaries of Appellant Rhea County. We affirm the judgment of the Trial Court.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Frank V. Williams, III |
Rhea County | Court of Appeals | 04/18/02 | |
| Alexis Johnson and wife vs. Jessie Malone
E2001-02106-COA-R3-CV
Plaintiffs alleged their neighbor's chicken houses constituted a nuisance and sought abatement. The Chancellor determined the operation was not a nuisance. On appeal, we affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:W. Frank Brown, III |
Hamilton County | Court of Appeals | 04/18/02 | |
| Jack Parks ex rel. Michael Parks vs. Timothy Hopkins
E2001-00830-COA-R3-CV
Jack Parks, in his capacity as Conservator for his son, Michael Parks, sued Timothy Hopkins seeking compensatory and punitive damages based upon allegations essentially reciting that the defendant wrongfully converted funds belonging to the plaintiff's ward, who is apparently incompetent to handle his own affairs. At the conclusion of the plaintiff's proof at a bench trial, the defendant moved to dismiss the complaint pursuant to Tenn. R. Civ. P. 41.02. The trial court found that the complaint was filed outside the applicable statutes of limitations and that the plaintiff had not sustained his burden of proof "under any theory." A judgment was entered dismissing the complaint in its entirety. We affirm.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Thomas J. Seeley, Jr. |
Washington County | Court of Appeals | 04/18/02 | |
| Dept of Children's Srvcs vs R.M.M., Sr.
E2001-02678-COA-R3-JV
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Carey E. Garrett |
Knox County | Court of Appeals | 04/18/02 | |
| State of Tennessee v. Bradley R. Fulcher
M2001-01864-CCA-R3-CD
The defendant, Bradley R. Fulcher, appeals the Williamson County Circuit Court’s denial of alternative sentencing for his convictions for aggravated burglary, a Class C felony, and theft of property valued over one thousand dollars but less than ten thousand dollars, a Class D felony. We affirm the judgments of the trial court.
Authoring Judge: Judge Joseph M. Tipton
Originating Judge:Judge Timothy L. Easter |
Williamson County | Court of Criminal Appeals | 04/18/02 | |
| Charles Montague vs. Ron Street
E2001-02805-COA-R3-CV
Washington County -This is a suit by Charles Montague, an inmate of the Penal System of this State, who was convicted of first degree murder and is presently serving a life sentence. The Defendants are Ron Street, Chief of Police of the City of Johnson City and Washington County.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Jean A. Stanley |
Washington County | Court of Appeals | 04/18/02 | |
| Truan Meek vs. Earl Hall, dba Hall Realty & Auction
E2001-02474-COA-R3-CV
Sessions Court entered default judgment against defendant. Defendant attempted to appeal to Circuit Court where that Court held appeal was not timely and Court had no jurisdiction. We vacate and remand.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:W. Dale Young |
Blount County | Court of Appeals | 04/18/02 | |
| Dept of Children's Srvcs vs R.M.M., Sr.
E2001-02678-COA-R3-JV
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Carey E. Garrett |
Knox County | Court of Appeals | 04/18/02 | |
| Connie Otis vs. Lily Frye
E2001-02848-COA-R3-CV
Plaintiff claimed damages from defendant's motor vehicle sliding into plaintiff's vehicle. The jury returned a verdict for defendant. On appeal, we affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Russell E. Simmons, Jr. |
Loudon County | Court of Appeals | 04/18/02 | |
| E2001-02480-COA-R3-CV
E2001-02480-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:O. Duane Slone |
Sevier County | Court of Appeals | 04/18/02 |
