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| State vs. Daniel Joe James
M1999-1423-CCA-R3-CD
On September 9, 1998, the Defendant, Daniel Joe James, was charged with possession of a controlled substance with intent to deliver. The Defendant was convicted by a jury of simple possession of a controlled substance. He received a sentence of eleven months and twenty-nine days probation and was fined $2,500.00. The Defendant now challenges the sufficiency of the convicting evidence. On appeal, the State has conceded that the evidence is insufficient to support a conviction. After a careful examination of the record, we agree that there is insufficient evidence against the Defendant to support a conviction. Therefore, we reverse the judgment of the trial court.
Originating Judge:Buddy D. Perry |
Franklin County | Court of Criminal Appeals | 07/28/00 | |
| Blankinship vs. TDOC
M1999-02381-COA-R3-CV
A prisoner filed a petition to compel the Department of Correction to establish a mandatory parole date for his benefit. The trial court dismissed the petition for failure to state a claim upon which relief can be granted. We affirm the trial court.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 07/28/00 | |
| State vs. Edward T. Flye
M1999-01183-CCA-R3-CD
The defendant, Edward T. Flye, challenges the sufficiency of the evidence used to convict him of aggravated burglary and evading arrest. Because the evidence is adequate to support the convictions, the judgment of the trial court is affirmed.
Authoring Judge: Judge Gary R Wade
|
Davidson County | Court of Criminal Appeals | 07/28/00 | |
| State of Tennessee v. Christopher Kevin Padgett
M2000-00038-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Leon C. Burns, Jr. |
Putnam County | Court of Criminal Appeals | 07/28/00 | |
| Abbott vs. Gateway
M1999-00653-COA-R3-CV
The General Sessions Court of Davidson County awarded a judgment against the defendant below, Nationwide Insurance Company, in a case involving a car accident. Nationwide filed an appeal to the Davidson County Circuit court but failed to secure a trial date within 45 days as required by Davidson County Local Rule of Practice 20(b) (1999). The circuit court dismissed the case due to Nationwide's failure, and Nationwide filed a Tennessee Rule of Civil Procedure 60.02 motion to set aside the circuit court dismissal due to its attorney's excusable neglect. When the circuit court denied Rule 60.02 relief Nationwide appealed to this court. On appeal, we reverse the decision of the circuit court finding that it should have granted Nationwide's request for Rule 60.02 relief and set aside the dismissal of Nationwide's circuit court appeal.
Authoring Judge: Judge William B. Cain
Originating Judge:Carol L. Soloman |
Davidson County | Court of Appeals | 07/28/00 | |
| William Lavern Davis vs. State
M2000-00341-CCA-R3-PC
The petitioner argues that in finding that his trial counsel was not ineffective and denying his post-conviction petition, the petitioner appeals from the trial court's denial of his post-conviction petition. He argues that the trial court erred by finding that his trial counsel was not ineffective. The trial court's order is affirmed.
Authoring Judge: Judge John Everett Williams
Originating Judge:William Charles Lee |
Marshall County | Court of Criminal Appeals | 07/28/00 | |
| Green vs. Innovative Recovery Services, Inc.
M1999-02227-COA-R3-CV
The attorney for a woman who had been injured in an auto accident claimed that his services entitled him to a portion of the subrogation interest asserted by TennCare against the settlement proceeds. The trial court dismissed his claim. We affirm the trial court.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Carol L. Mccoy |
Davidson County | Court of Appeals | 07/28/00 | |
| Clark vs. Crow
M1999-00916-COA-R9-CV
We grant this interlocutory appeal to consider a question of first impression regarding whether there is a right to jury trial prior to the issuance of an order of protection pursuant to Tennessee Code Annotated section 36-3-605, (hereinafter "order of protection"). Specifically, we are asked to determine whether a party against whom an order of protection is sought is entitled to a jury trial as a matter of right before this order is issued. After reviewing Tennessee's constitutional and statutory guarantees to a jury trial, we have determined that there is no right to a jury trial prior to the issuance of an order of protection. The circuit court's decision is affirmed and remanded for further proceedings.
Authoring Judge: Judge William B. Cain
Originating Judge:Marietta M. Shipley |
Davidson County | Court of Appeals | 07/28/00 | |
| George Todd vs. State
M1999-00976-CCA-R3-PC
The Defendant appeals from the trial court's dismissal of his petition for post-conviction relief. The trial court found that the petition was barred by the statute of limitations. We affirm the judgment of the trial court.
Authoring Judge: Judge David H. Welles
Originating Judge:L. Craig Johnson |
Coffee County | Court of Criminal Appeals | 07/28/00 | |
| George Todd vs. State
M1999-00976-CCA-R3-PC
The Defendant appeals from the trial court's dismissal of his petition for post-conviction relief. The trial court found that the petition was barred by the statute of limitations. We affirm the judgment of the trial court.
Authoring Judge: Judge David H. Welles
Originating Judge:L. Craig Johnson |
Coffee County | Court of Criminal Appeals | 07/28/00 | |
| Thomas Rodgers, v. Tennessee Department of Corrections
M1999-02585-COA-R3-CV
In this Declaratory Judgment plaintiff sought statutory credits on his prison sentences. The Trial court granted the State summary judgment. On appeal, we affirm.
Authoring Judge: Herschel Pickens Franks, J.
Originating Judge:Hon. Carol L. Mccoy, Chancellor |
Davidson County | Workers Compensation Panel | 07/28/00 | |
| Mary Zelek v. Flagstar System,
M1999-00269-WC-R3-CV
The employer contends the trial judge erred by accrediting the expert medical testimony of a non-approved physician chosen by the employee, or her attorney, and that the award of permanent partial disability benefits is excessive.
Authoring Judge: Loser, Sp. J.
Originating Judge:J. O. Bond, Judge |
Wilson County | Workers Compensation Panel | 07/28/00 | |
| Barbara Madison, etc. vs Marie Love, et al
E2000-01692-COA-RM-CV
Upon remand from the Supreme Court and upon further consideration, we reverse ourselves and conclude that the trial court erred in granting the defendants summary judgment on the plaintiff's claim of negligent failure to render aid to another in peril. Accordingly, we vacate the trial court's judgment and remand for further proceedings.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:G. Richard Johnson |
Washington County | Court of Appeals | 07/28/00 | |
| Roger Harris vs. State
E1999-02056-CCA-R3-PC
The petitioner, convicted of first degree murder and reckless endangerment, filed a pro se petition for post-conviction relief in March 1995. The petition was amended several times, first by the petitioner, then by the public defender, and ultimately by private counsel. The trial court summarily dismissed the petition by order because it was not "verified by any oath or affirmation." We reverse and remand, holding that the original petition was filed under a statute that did not require verification by oath or affirmation and, in the alternative, that the affirmation executed by the private counsel is sufficient under the current law.
Authoring Judge: Judge John Everett Williams
Originating Judge:Lynn W. Brown |
Unicoi County | Court of Criminal Appeals | 07/28/00 | |
| State vs. Carl Couch
W1999-00645-CCA-R3-CD
The defendant appeals his split sentence of 60 days confinement plus 1 year and 4 months of probation for the offense of reckless endangerment with a deadly weapon. The defendant contends in this appeal that the trial court erred in denying him total probation. We affirm the judgment of the trial court.
Authoring Judge: Judge Joe G. Riley
Originating Judge:C. Creed Mcginley |
Hardin County | Court of Criminal Appeals | 07/28/00 | |
| Mona Koja vs. Abed Koja
W1999-00993-COA-R3-CV
Wife was granted a divorce and received a division of marital property and alimony in futuro. The trial court denied Wife attorney fees and expenses. Wife has appeal. The trial court's order denying an award of attorney fees and expenses is reversed. The case is remanded for entry of an order awarding one-half of the attorney fees and expenses.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Karen R. Williams |
Shelby County | Court of Appeals | 07/28/00 | |
| TN Farmers vs. Roger Hostetler, et al
W1999-00368-COA-R3-CV
This appeal arises from a declaratory judgment action filed in the Lauderdale County Circuit Court by Tennessee Farmers Mutual Insurance Company. The complaint sought a declaration that Tennessee Farmers was not obligated to defend or indemnify its insureds against a wrongful death lawsuit filed by James Drake, executor of the estate of Mattie Lee Drake. After both sides filed motions for summary judgment, the trial court ruled that coverage did not exist under the Personal Liability Insurance Policy and entered summary judgment in favor of Tennessee Farmers Mutual Insurance Company.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Joseph H. Walker, III |
Lauderdale County | Court of Appeals | 07/28/00 | |
| State vs. Selina Harrelson
W1999-00521-CCA-R3-CD
The defendant, Selina G. Harrelson, was convicted of possession of one-half gram or more of cocaine with intent to sell. She contends that the officer did not have probable cause to search the truck with the drug detection dog; that the evidence is insufficient to show that she possessed crack cocaine; and that the trial court should have imposed a sentence alternative to incarceration. We hold that the defendant lacked a reasonable expectation of privacy in the truck to contest the search and that, in any event, the officer had probable cause. We hold that the evidence is sufficient to support the conviction and that the trial court properly sentenced the defendant to incarceration. We affirm the judgment of conviction.
Authoring Judge: Presiding Judge Joseph M. Tipton
Originating Judge:C. Creed Mcginley |
Hardin County | Court of Criminal Appeals | 07/28/00 | |
| Jeffrey Harris vs. Percy Pitzer
W2000-00187-COA-R3-CV
This case involves the incarceration of the Appellant in the state of Tennessee pursuant to a contract between the Wisconsin Department of Corrections and Corrections Corporation of America. The Appellant filed a Petition for Habeas Corpus Relief in the Circuit Court of Hardeman County. The trial court entered an order granting the Appellee's Motion to Dismiss for failure to state a claim upon which relief could be granted. The Appellant appeals from the dismissal of his Petition filed in the Circuit Court of Hardeman County. For the reasons stated herein, we affirm the trial court's decision.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Jon Kerry Blackwood |
Hardeman County | Court of Appeals | 07/28/00 | |
| State vs. Robin Vanhoose
W1999-00708-CCA-R3-CD
The defendant was convicted by a Hardin County jury of aggravated assault and received an eight-year sentence as a Range II multiple offender. He now appeals his conviction alleging (1) the indictment does not state an offense; and (2) the evidence is insufficient to support aggravated assault. We conclude the indictment adequately informed the defendant of the offense charged, and the evidence presented at trial was sufficient for the jury to conclude he was guilty of aggravated assault. Thus, the judgment of the trial court is affirmed.
Authoring Judge: Judge Joe G. Riley
Originating Judge:C. Creed Mcginley |
Hardin County | Court of Criminal Appeals | 07/28/00 | |
| Glenda Tate vs. Baptist Memorial
W1999-00553-COA-R3-CV
Hospital employee was accused of negotiating payroll checks of other employees and was discharged. Employee filed defamation suit, and trial court granted summary judgment because the pleadings and affidavits established that there was no publication of the alleged defamatory words since all communication thereof was to hospital employees.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Kay S. Robilio |
Shelby County | Court of Appeals | 07/28/00 | |
| Glenda Tate vs. Baptist Memorial
W1999-00553-COA-R3-CV
Hospital employee was accused of negotiating payroll checks of other employees and was discharged. Employee filed defamation suit, and trial court granted summary judgment because the pleadings and affidavits established that there was no publication of the alleged defamatory words since all communication thereof was to hospital employees.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Kay S. Robilio |
Shelby County | Court of Appeals | 07/28/00 | |
| State vs. Bobby Perkins
W1999-01368-CCA-R3-CD
The defendant, Bobby Earl Perkins, appeals his conviction for especially aggravated robbery, contending that the trial court erred (1) by allowing a witness to testify about the defendant's statement a year before the robbery that he planned to rob the victim, (2) by allowing a police officer to testify to statements the victim made regarding the defendant, and (3) by sentencing the defendant to twenty-one years. We affirm the conviction, but we modify the sentence to twenty years.
Authoring Judge: Presiding Judge Joseph M. Tipton
Originating Judge:J. Steven Stafford |
Haywood County | Court of Criminal Appeals | 07/28/00 | |
| Alfred Dowdy v. Willie Joe Alexander,
W1999-00222-COA-R10-CV
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Walter L. Evans |
Shelby County | Court of Appeals | 07/27/00 | |
| State vs. Lawrence Sherrill
W1999-01488-CCA-R3-CD
This appeal results from the defendant's conviction by a Carroll County jury for introducing contraband into a penal institution. He was sentenced to six years incarceration and fined $2,500. On appeal, the defendant asserts that the trial court erred in not granting his motion for a new trial based on the lack of evidence to corroborate the testimony of his accomplice required for a conviction. After careful review of the record, we affirm the judgment of the trial court.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:C. Creed Mcginley |
Carroll County | Court of Criminal Appeals | 07/27/00 |