| State vs. Jimmy Harber Jr.
W2000-00462-CCA-R3-CD
While driving under the influence of alcohol, the defendant lost control of his pickup truck and crashed into a road embankment, causing the death of one of his five teenaged passengers. He pled guilty to vehicular homicide by intoxication as to the passenger who died, and to reckless endangerment with a deadly weapon as to all other passengers, agreeing to allow the trial court to set his sentences. Applying enhancement factors (10) and (16), the trial court sentenced the defendant as a Range I, standard offender to ten years for the vehicular homicide conviction, and two years for the reckless endangerment conviction, with the sentences to be served concurrently. The defendant appeals the sentencing, arguing that the trial court erred in its application of enhancement and mitigating factors, and that he should have been granted probation. Based upon our review of the record and of applicable law, we conclude that the enhanced sentences are supported by the record, and that the trial court, therefore, committed no error in its failure to grant probation. Accordingly, we affirm the judgment of the trial court.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Mark Agee |
Crockett County | Court of Criminal Appeals | 12/27/00 | |
| Castleman vs. Castleman
M2000-00270-COA-R3-CV
Mother appeals the trial court's denial of her motion to set aside a default judgment awarding divorce to Father, distributing marital property, and awarding custody of the minor child to Father. Because no evidence was heard regarding factors which must be considered by a court in making these determinations, we reverse the trial court's denial of her motion to set aside the default judgment and remand this matter for a trial on the merits.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Jeffrey S. Bivins |
Williamson County | Court of Appeals | 12/21/00 | |
| Seibers vs. Pepsi-Cola Bottling Co.
M1999-02559-COA-R3-CV
This case involves a dispute between a lawyer and his former client over a fee in a personal injury case. The client discharged the lawyer before the case was concluded and agreed to give the lawyer a lien on the potential recovery for the work the lawyer had already performed. When the lawyer attempted to collect his fee after the case was settled by another lawyer, the former client asserted that the lawyer should forfeit his fee because he engaged in unethical conduct. Following a bench trial, the trial court found that the lawyer had "technically" violated Tenn. S. Ct. R. 8, DR 5-105(A) but that the lawyer's conduct had not prejudiced the client and that the client had waived his conflict-of-interest claims. Accordingly, the trial court awarded the lawyer $69,525.83 in legal fees and expenses. We affirm the trial court's judgment.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:J. Curtis Smith |
Putnam County | Court of Appeals | 12/21/00 | |
| Leslie vs. State
M1998-00585-SC-R11-PC
We granted review in this post-conviction case to determine whether the trial court erred by allowing the appellant's appointed attorneys to withdraw and refusing to appoint new counsel. A majority of the Court of Criminal Appeals held that the trial court did not err either by allowing the appointed attorneys to withdraw or by refusing to appoint new counsel because the appellant had abused the post-conviction process. We conclude, and the State concedes, that the trial court erred by allowing counsel to withdraw without a hearing and failing to appoint new counsel. We therefore reverse the Court of Criminal Appeals' judgment and remand the case to the trial court for the appointment of counsel and proceedings consistent with this opinion.
Authoring Judge: Justice E. Riley Anderson
Originating Judge:Seth W. Norman |
Davidson County | Supreme Court | 12/21/00 | |
| Stewart vs. State
M1998-00304-SC-R11-CV
In this case, we determine whether the Tennessee Claims Commission properly asserted jurisdiction pursuant to Tennessee Code Annotated sections 9-8-307(a)(1)(E) and -307(a)(1)(F) for the alleged negligence of a state highway patrol officer in failing to properly control county police authorities at an arrest scene. The Court of Appeals affirmed the Commission's exercise of jurisdiction, and the State requested permission to appeal on the issue of whether the Claims Commission properly asserted jurisdiction and whether the plaintiff, who stepped into the road before being hit by the truck, was fifty percent (50%) or more at fault for his accident. We hold that the Claims Commission lacked jurisdiction in this case under either section 9-8-307(a)(1)(E) or section 9-8-307(a)(1)(F), and because the Claims Commission possessed no jurisdiction to hear the plaintiff's claims, we decline to reach the issue of whether the plaintiff was more than fifty percent (50%) at fault for his accident. Accordingly, the judgment of the Court of Appeals finding proper jurisdiction is reversed, and the plaintiff's claim against the State is dismissed.
Authoring Judge: Justice William M. Barker
|
Supreme Court | 12/20/00 | ||
| Stan Wallace Mosley vs. Carrie Lynn Mosley
E2000-01445-COA-R3-CV
This appeal arises from a bifurcated trial in a divorce action. After hearing the parties' proof in the second phase regarding alimony, child support and division of property, the Trial Court entered a Judgment which the Trial Court designated as "final." The Judgment, however, does not satisfy the requirements of Rule 54.02 of the Tennessee Rules of Civil Procedure. The Trial Court did not decide the issue of whether excess retained earnings of Telescan, Inc., a company in which Stan Wallace Mosley ("Husband") is a 90% shareholder, should be imputed as income to Husband. The Judgment states that this issue will be considered by the Trial Court in the future. Husband appeals the Judgment but does not raise the issue of Telescan's excess retained earnings. Carrie Lynn Mosley ("Wife") contends that the Trial Court erred by failing to impute the excess retained earnings of Telescan to Husband's personal income for purposes of calculating his child support obligation. We dismiss this appeal because the Judgment is not a final judgment from which an appeal lies.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Jean A. Stanley |
Washington County | Court of Appeals | 12/20/00 | |
| State vs. Clarence Braddock Jr.
W2000-00383-CCA-R3-CD
The Defendant, Clarence Braddock, Jr., entered a guilty plea to the offense of introduction of contraband into a penal institution, a Class C felony. After a sentencing hearing, he was denied alternative sentencing and was sentenced to three years incarceration. In this appeal as of right, the Defendant asserts that the trial court erred by denying him alternative sentencing. We hold that the Defendant was properly denied alternative sentencing; thus, we affirm the judgment of the trial court.
Authoring Judge: Judge David H. Welles
Originating Judge:Jon Kerry Blackwood |
Hardeman County | Court of Criminal Appeals | 12/20/00 | |
| State vs. James Cole
W2000-00056-CCA-R3-CD
The Defendant, James L. Cole, appeals as of right from his first degree felony murder conviction. On appeal, he asserts that the evidence was insufficient to support his conviction. We hold that the evidence was sufficient to support the Defendant's conviction; accordingly, we affirm the judgment of the trial court.
Authoring Judge: Judge David H. Welles
Originating Judge:Chris B. Craft |
Shelby County | Court of Criminal Appeals | 12/20/00 | |
| In Re: The Matter of John Adams, Deceased v. City of Lebanon v. The Tennessean
M2001-00662-COA-R3-CV
This appeal challenges the jurisdiction of the trial court to issue a protective order sealing a settlement agreement between the City of Lebanon, Tennessee, and a private citizen, Mrs. Lorrine Adams. The trial court issued the protective order in response to the City's motion, a motion which followed a request by The Tennessean, a daily newspaper, for information regarding the settlement. The protective order was issued ex parte, despite the fact that no action had been filed against the City by Mrs. Adams or by The Tennessean. We hold that the circuit court lacked jurisdiction to enter the protective order. The order is therefore void and vacated.
Authoring Judge: Judge David R. Farmer
Originating Judge:Clara W. Byrd |
Wilson County | Court of Appeals | 12/16/00 | |
| Mary Hall, et al vs. Mary Rose Pippin, et al
M2001-00387-COA-OT-CV
This is an original contempt proceeding filed by the appellants against the Clerk and Master of the Chancery Court for Putnam County in a now-concluded appeal. The appellants assert that the clerk and master knowingly and willfully violated our September 3, 1998 order directing her to file a supplemental record containing seven exhibits that had not been previously transmitted to this court. We have determined that we no longer have jurisdiction to consider the contempt motion because it was not filed until after our jurisdiction over the appeal had ended.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Vernon Neal |
Putnam County | Court of Appeals | 12/15/00 | |
| John Morgan, etc. vs. Cherokee Children & Family Services, Inc.
M2000-02382-COA-R3-CV
The State Comptroller sued Cherokee Children & Family Services, Inc. seeking access to Cherokee's records for an audit of the company's affairs. The Chancery Court of Davidson County held that the company's contract with the State, and Chapter 960 of the Public Acts of 2000, gave the State the right to conduct the audit. Based on our opinion in Memphis Publishing Company, et al. v. Cherokee Children & Family Services, et al., released simultaneously with this opinion, we hold that the company's contracts with the State do not make all their records public records. We also hold that to apply Chapter 960 retroactively would violate the constitutional prohibition against retrospective legislation. We therefore reverse the lower court's judgment.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Carol L. Mccoy |
Davidson County | Court of Appeals | 12/15/00 | |
| Memphis Publishing Co., et al vs. Cherokee Children & Family Svcs, Inc., et al
M2000-01705-COA-R3-CV
The publisher and assistant managing editor of The Commercial Appeal, a Memphis newspaper, sued a non-profit corporation seeking access to the corporation's books and records under the Tennessee Public Records Act. The Circuit Court of Shelby County held that the corporation's contract with the State made virtually all of its records State property. We reverse the judgment of the trial court and reject the appellee's alternative argument that the corporation is a State agency. Therefore the appellee is not entitled to free access to the corporation's records.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:John R. Mccarroll, Jr. |
Shelby County | Court of Appeals | 12/15/00 | |
| Jo Frances Luedtke v. Travelers Insurance Company
M1999-01717-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) for hearing and reporting findings of fact and conclusions of law. In this case, the plaintiff sued for benefits following the death of her husband, the employee. The employee died of a heart attack while at work. The trial court found that the employee was exerting himself, but that there wasno causal connection between the exertion and his death. This Panel has concluded that the trial judge was incorrect in finding that the exertion was not linked to the employee's death. We find that death or disability arises out of and in the course of employment when the exertion of the employee's work causes the heart attack, or aggravates a preexisting condition. It makes no difference that the employee suffered from a preexisting heart disease or that the attack resulted from ordinary exertion of the employee's work. Tenn. Code Ann. _ 5-6-225(e)Appeal as of Right; Judgment of the Chancery Court Reversed Drowota, J., in which John A.Turnbull, Sp. J. and Frank G. Clement, Jr., Sp.J., joined. Joseph M. Dalton and Catherine S. Hughes, Nashville, TN, for the Applicant, Jo Frances Leudtke. Sean Antone Hunt, Spicer, Flynn, & Rudstrom, PLLC Nashville, TN, for the Respondent, Travelers Insurance Company. OPINION The deceased employee, Richard Luedtke, worked as a professional painter for Harold Moore and Sons Painting. Harold Moore and Sons worked as the painting subcontractor for renovations to the Massey Auditorium at Belmont University in Nashville. The project was to be completed by the latest on August 6, 1997, as that date was scheduled for an important campus event. Due to the 1 deadline, the job was stressful for everyone involved. Because the renovations were behind schedule, Luedtke worked overtime to complete the job on time. In fact, Luedtke had worked fifteen of the sixteen days prior to his death. On the morning of September 24, 1997, Luedtke was sanding the auditorium doors and had been doing so for about an hour and a half. A co-worker, Doug Russell, was working next to Luedtke at the time. Russell turned and noticed that Luedtke was "laying on the floor." Attempts to resuscitate Luedtke were unsuccessful. Luedtke was pronounced dead at Vanderbilt University Medical Center of a heart attack. Luedtke first became aware of possible heart problems when he was hospitalized for another ailment in May 1996. Throughout 1996, Luedtke's heart condition was asymptomatic. However, in the two months prior to his death, Luedtke began to show symptoms of possible heart failure. The symptoms included fainting twice, coughing up fluid, and fatigue. From the time he discovered heart problems until his death, Luedtke was reluctant to seek treatment. Two months had passed between the time that Luedtke's symptoms began to appear and the date of an appointment for treatment with Dr. John Ververis, September 24, 1997. Luedtke did not make this afternoon appointment, because he died that morning. Luedtke's wife, Jo Frances Luedtke (hereinafter "the plaintiff"), brought this suit for workers' compensation benefits. At trial, the parties introduced the depositions of three doctors into evidence. Two of the doctors, Robert B. Gaston, M.D. and John Ververis, M.D., were Luedtke's treating physicians. The other, Leon H. Ensalada, M.D., never examined Luedtke. Dr. Ensalada based his diagnosis on the medical records and on the transcript of Dr. Ververis's deposition. Dr. Gaston was Luedtke's primary care physician and first saw Luedtke in April 1996. Dr. Gaston reported that upon examination Luedtke's lungs and heart appeared normal and that Luedtke did not complain of any symptoms associated with heart problems. Dr. Gaston diagnosed a perirectal abscess and suggested surgery. Dr. Gaston sent Luedtke to a general surgeon, Dr. LeNeve, who detected Luedtke's irregular heartbeat. Dr. Gaston saw Luedtke again in June 1997. According to Dr. Gaston's records, nothing suggested that Luedtke suffered from any discomfort or symptoms indicative of heart problems. During preparation for the April 1996 surgery with Dr. LeNeve, tests revealed that Luedtke suffered premature ventricle contractions or an irregular heartbeat. Dr. Ververis, Luedtke's cardiologist, cleared Luedtke for surgery but scheduled an appointment to follow up treatment on May 8, 1996. At the examination, Dr. Ververis performed an arteriogram and diagnosed severe dilated cardiomyopathy or a weak heart. Luedtke received no other treatment for his heart and died on September 24, 1997. Testifying about Luedtke's condition at the time of his death, Dr. Ververis felt that Luedtke's condition was so severe that any activity, including walking or sleeping could have contributed to congestive heart 2
Authoring Judge: Drowota, J.
Originating Judge:Hon. Ellen Lyle Hobbs, Chancellor |
Davidson County | Workers Compensation Panel | 12/15/00 | |
| Lindsey, Bradley & Maloy vs. Media Marketing Systems, Inc., et al
E2000-00678-COA-R3-CV
This appeal involves a grant of summary judgment to Defendant Sam Cooper, the sole shareholder, president and CEO of his co-defendant, Media Marketing Systems, Inc. Lindsey, Bradley & Maloy ("Plaintiff") brought suit against Sam Cooper and Media Marketing for breach of contract stemming from an agreement between Plaintiff and Media Marketing. Plaintiff sought to pierce Media Marketing's corporate veil so as to render Defendant personally liable for the debt owed under the agreement. Plaintiff also made claims against Defendant for his alleged individual tortious conduct related to the agreement. Both Plaintiff and Defendant filed motions for summary judgment. The Trial Court denied Plaintiff's motion but granted Defendant's motion. Plaintiff appeals and argues that it is entitled to summary judgment on the issue of whether Media Marketing's corporate veil should be pierced due to Defendant's conduct. Plaintiff also contends that Defendant should not have been granted summary judgment because there are genuine issues of material fact. We reverse in part and affirm in part.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Samuel H. Payne |
Hamilton County | Court of Appeals | 12/15/00 | |
| Peggy Boles vs. Dept. of Correction
M2000-00893-COA-R3-CV
The wife of an incarcerated person brought an action seeking to have a policy of the Department of Correction declared invalid. The policy involved a visitor's responsibility to control children while visiting an inmate in a state prison. The trial court dismissed the petition. We affirm.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 12/14/00 | |
| Derrick Jackson v. Dept of Correction
M2000-02065-COA-R3-CV
This appeal involves a dispute between a prisoner and the Department of Correction over the prisoner's loss of sentence credits as punishment for a disciplinary offense. Failing to obtain redress from the Department, the prisoner filed a petition in the Chancery Court for Williamson County alleging that he was being held unlawfully because his sentence had expired. The trial court dismissed the petition, and the prisoner appealed. We have determined that this appeal is now moot because the prisoner has been released from custody. Therefore, we vacate the trial court's order and remand the case with directions to dismiss the prisoner's petition.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Jeffrey S. Bivins |
Williamson County | Court of Appeals | 12/14/00 | |
| Herman Majors, Jr. vs. Detective James Smith
M2000-01430-COA-R3-CV
A man indicted for robbing a convenience store was ultimately acquitted of the crime. He subsequently filed a malicious prosecution suit against the detective who arrested him. The trial court granted summary judgment to the defendant detective. We affirm.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:James E. Walton |
Montgomery County | Court of Appeals | 12/14/00 | |
| Peter Greer v. Dept of Correction
M2000-00222-COA-R3-CV
This appeal involves a dispute between a prisoner and the Tennessee Department of Correction regarding a change in the way the Department reports pre-trial sentence credits. Believing that the change increased the length of his sentence, the prisoner filed suit in the Chancery Court for Davidson County to rescind the change. The trial court concluded that the change had not altered the prisoner's sentence expiration date and dismissed the petition. We affirm.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 12/14/00 | |
| Ronald L. Davis vs. Hershell D. Koger
M2000-01598-COA-R3-CV
This appeal involves a dispute between a convicted felon and the lawyer appointed to represent him in his efforts to reopen his post-conviction challenge to his conviction. After the efforts to set aside his conviction proved unsuccessful, the prisoner sued the lawyer in the Chancery Court for Maury County arguing that his civil rights had been violated because his lawyer had conspired with the prosecutor and the trial judge to prevent him from obtaining the post-conviction relief to which he believed he was entitled. The lawyer denied these allegations, and the prisoner moved for a summary judgment. On June 15, 2000, the trial court summarily dismissed the prisoner's complaint on two grounds. First, the court concluded that it did not have subject matter jurisdiction to consider claims regarding the denial of the prisoner's request for post-judgment relief. Second, the trial court concluded that the prisoner had failed to state a claim upon which relief can be granted. We affirm the dismissal of the prisoner's complaint.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Stella L. Hargrove |
Maury County | Court of Appeals | 12/14/00 | |
| Mitchell Tarver vs. Dept. of Correction
M2000-01622-COA-R3-CV
A prison inmate filed a petition seeking a declaratory judgment that he was entitled to parole consideration in accordance with his plea bargain. The trial court dismissed the petition on summary judgment. We affirm.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 12/14/00 | |
| Charles Bobo v. Dept. of Corrections
M2000-00517-COA-R3-CV
Appellant, a prison inmate, filed, in the Chancery Court of Davidson County, a Petition for Writ of Certiorari questioning disciplinary actions against him by the Department of Corrections. The petition was dismissed by the Chancellor with costs assessed against Appellant. Appellant then sought exemption of his inmate trust account from execution for costs asserting that Tennessee Code Annotated Section 26-2-103 rendered his trust account and personal property to a value of $4,000 exempt from execution for court costs. The Chancellor held Tennessee Code Annotated Section 26-2-103 to be inapplicable, and we affirm the Chancellor.
Authoring Judge: Judge William B. Cain
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 12/14/00 | |
| Kenneth Lewis vs. Dept. of Correction
M2000-00675-COA-R3-CV
Appellant, a Department of Corrections inmate, appeals the dismissal of his petition for a writ of certiorari relative to disciplinary action by the TDOC resulting from a positive drug screen. We affirm the trial judge.
Authoring Judge: Judge William B. Cain
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 12/14/00 | |
| Jeff Utley, et al vs. Jim Rose, et al
M2000-00941-COA-R3-CV
Two prison inmates sued the Assistant Commissioner of Correction and four other correctional employees for failing to release them from maximum security. The trial court dismissed the suit for failure to state a claim upon which relief can be granted. We affirm.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Carol L. Mccoy |
Davidson County | Court of Appeals | 12/14/00 | |
| Frankie White, et al vs. Ronnie Gault, et al
M2000-00534-COA-R3-CV
The plaintiff filed a Tenn. R. Civ. P. 60.02 motion, seeking to reinstate his claim after the Supreme Court reversed a decision cited by this court when dismissing his appeal. The trial court denied the motion. We affirm.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:L. Craig Johnson |
Coffee County | Court of Appeals | 12/14/00 | |
| Frances Wolfe vs. Kroger Co.
W2000-00281-COA-R3-CV
Plaintiff sued Defendant to recover for injures she received from a fall inside Defendant's store. The trial court granted Defendant's motion for summary judgment. We affirm based on Plaintiff's failure to counter Defendant's evidence that it neither caused the condition which caused the fall nor did it have notice of that condition.
Authoring Judge: Judge David R. Farmer
Originating Judge:James F. Russell |
Shelby County | Court of Appeals | 12/14/00 |
