APPELLATE COURT OPINIONS

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02S01-9804-CH-00041

02S01-9804-CH-00041
Obion County Court of Criminal Appeals 02/12/99
Dennis Smith v. Walker-J-Walker, Inc.

02S01-9807-CV-00062
Authoring Judge: J. Steven Stafford, Special Judge
Originating Judge:Hon. James E. Swearengen
Smith County Workers Compensation Panel 02/12/99
Joleen Creson vs. Tammy Creson

02A01-9801-CH-00002

Originating Judge:C. Neal Small
Shelby County Court of Appeals 02/12/99
McNairy Co. vs. John Sellers

02A01-9808-CV-00234

Originating Judge:Jon Kerry Blackwood
McNairy County Court of Appeals 02/12/99
James Judd vs. State

01C01-9805-CR-00204
Davidson County Court of Criminal Appeals 02/12/99
In the matter of: Kristalena Kay Smith et al

01A01-9711-JV-00662

Originating Judge:Gary W. Dodson
White County Court of Appeals 02/11/99
Schleicher vs. Founders Security Life Ins. Co.

01A01-9711-CV-00649

Originating Judge:Robert L. Jones
Maury County Court of Appeals 02/11/99
03C01-9709-CC-00434

03C01-9709-CC-00434

Originating Judge:Richard R. Vance
Sevier County Court of Criminal Appeals 02/11/99
State vs. Graves

03C01-9803-CC-00090

Originating Judge:Richard R. Vance
Jefferson County Court of Criminal Appeals 02/11/99
State vs. CarlosHayes

02C01-9712-CR-00483
Shelby County Court of Criminal Appeals 02/11/99
State vs. David Keen

02C01-9709-CR-00365

Originating Judge:John P. Colton, Jr.
Shelby County Court of Criminal Appeals 02/10/99
State vs. Keffer

03C01-9709-CC-00413
Sevier County Court of Criminal Appeals 02/10/99
Worth vs. Cumberland Mt. Property Owners

03A01-9709-CV-00442

Originating Judge:John J. Maddux
Cumberland County Court of Appeals 02/10/99
03C01-9804-CC-00145

03C01-9804-CC-00145

Originating Judge:D. Kelly Thomas, Jr.
Blount County Court of Criminal Appeals 02/10/99
D.D. Roberts, D/B/A Roberts Construction Co., et al. v.Tommy Yarbrough, et al., Thomas Lumber Co., Inc. v. Naran Patel, et al., and Tommy Yarbrough, et al.

01A01-9802-CH-00096

Two subcontractors recovered judgments for work done on a construction project in Clarksville. On appeal the general contractor and the surety on his bond allege that the appellees were not licensed contractors and that neither complied with the notice of nonpayment statute. In addition, the appellant disputes the trial court’s version of the proof and the award of prejudgment interest. We affirm the trial court.

Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Chancellor Carol A. Catalano
Montgomery County Court of Appeals 02/10/99
State vs. Delores Smith & David Robinson

01C01-9609-CR-00412
Putnam County Court of Criminal Appeals 02/10/99
Ricky Brown vs. State

01C01-9708-CR-00363

Originating Judge:Ann Lacy Johns
Davidson County Court of Criminal Appeals 02/10/99
State vs. Zip Gillespie

02C01-9703-CR-00088
Shelby County Court of Criminal Appeals 02/10/99
State vs. Jeff Warfield

01C01-9711-CC-00504
Maury County Court of Criminal Appeals 02/10/99
State vs. Jeffery Holder

01C01-9801-CC-00044
Lincoln County Court of Criminal Appeals 02/10/99
State vs. Jackie Ozier

W1999-01478-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Originating Judge:Roy B. Morgan, Jr.
Madison County Court of Criminal Appeals 02/10/99
State of Tennessee vs. Roy D. Nelson, Jr.

03C01-9710-CR-00454

The defendant, Roy D. Nelson, stands convicted of burglary, aggravated burglary, aggravated arson and possession of marijuana as a result of his efforts to blow up his ex-wife's home. Nelson received his convictions at the conclusion of a jury trial in the Washington County Criminal Court. A Range III offender, Nelson is presently serving an effective 62-year sentence in the Department of Correction for his crimes. In this direct appeal, Nelson claims he was improperly convicted of aggravated arson because he, rather than another person, suffered the serious bodily injury relied upon to elevate the offense from arson to aggravated arson. Having reviewed the appellate record, the arguments of the parties and the applicable law, we affirm the judgment of the trial court.

Authoring Judge: Judge James Curwood Witt
Originating Judge:Judge Lynn W. Brown
Washington County Court of Criminal Appeals 02/09/99
State of Tennessee vs. Roy D. Nelson, Jr.

03C01-9710-CR-00454

The defendant, Roy D. Nelson, stands convicted of burglary, aggravated burglary, aggravated arson and possession of marijuana as a result of his efforts to blow up his ex-wife's home. Nelson received his convictions at the conclusion of a jury trial in the Washington County Criminal Court. A Range III offender, Nelson is presently serving an effective 62-year sentence in the Department of Correction for his crimes.1 In this direct appeal, Nelson claims he was improperly convicted of aggravated arson because he, rather than another person, suffered the serious bodily injury relied upon to elevate the offense from arson to aggravated arson. Having reviewed the appellate record, the arguments of the parties and the applicable law, we affirm the judgment of the trial court.

Authoring Judge: Judge James Curwood Witt, Jr.
Originating Judge:Judge Lynn W. Brown
Washington County Court of Criminal Appeals 02/09/99
State of Tennessee vs. Mark Crites

01C01-9711-CR-00512

Mark Crites appeals from the revocation of his community corrections sentence. He challenges both the propriety of that revocation and his resentencing, arguing that: (1) the trial court abused its discretion in revoking his community corrections sentence; (2) the trial court misapplied certain enhancement factors and that his sentences are, therefore, excessive; and (3) the trial court erred in ordering consecutive sentencing. After careful review of the record and arguments of counsel, we conclude the trial court relied upon improper evidence in revoking the community corrections sentence. We remand for another revocation hearing.

Authoring Judge: Senior Judge L. T. Lafferty
Originating Judge:Judge Jane W. Wheatcraft
Sumner County Court of Criminal Appeals 02/09/99
Daniel B. Taylor v. State of Tennessee, John Doe, State Coordinator of Elections, Ms. Bobbie White, Shelby County Registrar of Voters; and Charles W. Burson, Atty General

01A01-9707-CH-00338

The only question presented in this complaint is whether a law making all felonies infamous crimes can, upon conviction, be applied to crimes committed before the date of the act. The Chancery Court of Davidson County dismissed the plaintiff’s request for a declaratory judgment. We affirm.
 

Authoring Judge: Presiding Judge Ben H. Cantrell
Originating Judge:Chancellor Carol L. McCoy
Shelby County Court of Appeals 02/09/99