APPELLATE COURT OPINIONS

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01C01-9811-CC-00471

01C01-9811-CC-00471

Originating Judge:Robert L. Holloway
Wayne County Court of Criminal Appeals 12/01/10
Entitled To Relief Based on Our Supreme Court'S Opinions In State v. Hill, 954 S.W.2D 725

01C01-9811-CC-00472
Wayne County Court of Criminal Appeals 12/01/10
02C01-9509-CC-00260

02C01-9509-CC-00260

Originating Judge:Jon Kerry Blackwood
Lauderdale County Court of Criminal Appeals 12/01/10
State vs. Jerome P. Lyons

01C01-9812-CC-00485
Bedford County Court of Criminal Appeals 12/01/10
State vs. Toussaint Turner

01C01-9901-CC-00007
Marion County Court of Criminal Appeals 12/01/10
01C01-9902-CC-00034

01C01-9902-CC-00034
Williamson County Court of Criminal Appeals 12/01/10
01C01-9902-CR-00025

01C01-9902-CR-00025
Davidson County Court of Criminal Appeals 12/01/10
Calvin Oliver vs. State

01C01-9902-CR-00049
Court of Criminal Appeals 12/01/10
01C01-9903-CC-00074

01C01-9903-CC-00074
Williamson County Court of Criminal Appeals 12/01/10
01C01-9904-CC-00133

01C01-9904-CC-00133
Humphreys County Court of Criminal Appeals 12/01/10
02C01-9503-CC-00093

02C01-9503-CC-00093

Originating Judge:Dick Jerman, Jr.
Gibson County Court of Criminal Appeals 12/01/10
02C01-9501-CR-00312

02C01-9501-CR-00312

Originating Judge:William H. Williams
Shelby County Court of Criminal Appeals 12/01/10
Knight vs. Knight

01A01-9710-CV-00609
Court of Criminal Appeals
Steven Totty v. The Tennessee Department of Correction and the State of Tennessee

01A01-9504-CV-00139

This appeal involves a state prisoner’s efforts to enforce a plea bargain agreement. The prisoner filed a petition for a common-law writ of certiorari in theCircuit Court for Davidson County after the Department of Correction refused to release him in accordance with his understanding of the agreement. The trial court granted the department’s motion to dismiss for lack of subject matter jurisdiction, and the prisoner has appealed. We affirm the dismissal of the petition because it fails to state a claim upon which relief pursuant to a common-law writ of certiorari can be granted.1

Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Judge Walter C. Kurtz
Davidson County Court of Appeals
Alton F. Dixon v. Nike, Inc.

02A01-9702-CH-00049

Plaintiff, Alton F. Dixon, appeals the order of the trial court granting summary judgment to defendant, Nike, Inc. Nike is a manufacturer of sporting goods, footwear, and apparel, and Dixon was an at-will employee of Nike. Nike encourages its employees to actively participate in improving their work environment and in implementing ideas for new products on the market 2 through a program called “I Got It.” The program invites Nike’s employees to submit ideas that “eliminate waste, improve the way we work, increase productivity, prevent accidents, save time, money, or energy.” Employees can also submit ideas for new products or inventions. In a weekly bulletin for employees, Nike stated, “If what you are suggesting is an idea for a new product or invention, to protect you and NIKE, a letter of understanding will be sent for your signature stating, in essence, that NIKE will not use your product idea until a written contract is negotiated and signed.”

Authoring Judge: Presiding Judge W. Frank Crawford
Originating Judge:Chancellor Neal Small
Shelby County Court of Appeals
James Gant v. Kenneth Broadway, County Executive and Chmn of the Decatur County Commission, et al.

02A01-9701-CH-00007

Petitioner, James Edward Gant, appeals the judgment of the chancery court denying his application for a beer permit.

Authoring Judge: Presiding Judge W. Frank Crawford
Originating Judge:Chancellor J. Walton West
Decatur County Court of Appeals
Robert L. Delaney v. Brook Thompson, et al.

01S01-9808-CH-00144

This Court has been appointed by the Governor to decide the case of Delaney v. Thompson, et al., in which the plaintiff challenges the constitutionality of the uniquely statutory merit selection system for appellate judges called the Tennessee Plan. Rather than contend with the constitutional issues, the majority, deciding this case by statutory construction, utilizes a construction which reflects neither the meaning of the statute nor the positions of the parties. In doing so, the majority opinion neither clarifies issues of importance to the electorate and judiciary, nor discourages future litigation on the same issues.

Authoring Judge: Special Supreme Court Justice Robert D. Arnold
Originating Judge:Chancellor Ellen Hobbs Lyle
Supreme Court
Johnny L. Butler, v. State of Tennessee

02C01-9509-CR-00289

The petitioner, who is serving a sentence for a federal court conviction, has filed two petitions attacking prior state convictions which were used to enhance the sentence for the federal conviction. These two petitions, called petitions for the writ of coram nobis or for habeas corpus, were dismissed by the trial court without a hearing on the basis that they were actually petitions for post-conviction relief and barred by the statute of limitations. We agree with the trial court.

Authoring Judge: Judge John H. Peay
Originating Judge:Judge W. Fred Axley
Shelby County Court of Appeals
Lesa Johnson v. South Central Human Resource Agency, Roy Tipps, Executive Director, and John Ed Underwood, Jr., Deputy Director

01A01-9503-CH-00104

This is an action pursued by the appellant, Lesa Johnson (Johnson), for the alleged wrongful termination of her employment with South Central Human Resource Agency (SCHRA). The Chancery Court for Bedford County dismissed the complaint upon motion of the appellees, SCHRA, and its executive and deputy directors, Roy Tipps and John Ed Underwood, Jr., respectively.

Authoring Judge: Judge David R. Farmer
Originating Judge:Chancellor Tyrus H. Cobb
Bedford County Court of Appeals
David John Erdly v. Janene Marie Erdly - Concurring

01A01-9706-CH-00269

The plaintiff, David John Erdly, has appealed from the judgment of the Trial Court dismissing his suit for divorce, dividing the marital estate, awarding plaintiff child custody and support and awarding the defendant, Janene Marie Erdly, alimony for the remainder of her life.


Originating Judge:H. Denmark Bell
Williamson County Court of Appeals
01C01-9508-CC-00257

01C01-9508-CC-00257

Originating Judge:J. S. Daniel
Rutherford County Court of Criminal Appeals


The Williamson County Grand Jury indicted Tony Dale Crass, Defendant, with driving under the influence (DUI), DUI per se, and possession of a firearm while under the influence. Defendant moved to suppress the evidence, arguing that the State did not have probable cause or reasonable suspicion for the traffic stop and that video evidence of Defendant’s driving was erased and deleted as a result of a malfunctioning recording system in Tennessee Highway Patrol (THP) Trooper Joey Story’s patrol car. The trial court concluded that the loss of video evidence constituted a violation of the State’s duty to preserve potentially exculpatory evidence recognized in State v. Ferguson, 2 S.W.3d 912 (Tenn. 1999), and deprived Defendant of the right to a fair trial. The trial court granted the motion to suppress and dismissed the indictment, and the State appealed. We conclude that the video was not lost or destroyed by the State, (2) that a Ferguson violation is not applicable to a suppression hearing based on reasonable suspicion or probable cause for a traffic stop, (3) that the trial court misapplied the “degree of negligence” Ferguson factor by equating perceived public policy decisions on the part of the State to negligence, and (4) that Defendant’s right to a fair trial can be protected without dismissal of the indictment. We reverse the judgment of the trial court, reinstate the indictment, and remand for further proceedings.

WELFT, LLC v. Larry Elrod Et Al.

M2024-00489-COA-R3-CV

This appeal arises out of a dispute over commercial real property. The appellees have moved to dismiss the appeal as untimely. Because the appellants did not file their notice of appeal within the time permitted by Tennessee Rule of Appellate Procedure 4, we dismiss the appeal.

Authoring Judge: Per Curiam
Originating Judge:Chancellor J. B. Cox
Rutherford County Court of Appeals
Jaselyn Grant v. State of Tennessee

W2022-01453-CCA-R3-PC

The petitioner, Jaselyn Grant, appeals the denial of her petition for post-conviction relief,
which petition challenged her convictions of second degree murder, reckless
endangerment, and aggravated assault, alleging that she was deprived of effective
assistance of counsel at trial. Because the petitioner has failed to establish that she is
entitled to post-conviction relief, we affirm the judgment of the post-conviction court.

Authoring Judge: Judge James Curwood Witt, Jr.
Originating Judge:Judge Chris Craft
Shelby County Court of Criminal Appeals
In Re Klowii W., Et Al.

E2022-01789-COA-R3-PT

This is a parental rights termination case. The Tennessee Department of Children’s
Services (“DCS”) filed a petition in the Juvenile Court for Knox County (“the Juvenile
Court”) seeking to terminate the parental rights of Trent W. (“Father”) to his minor children
Klowii W. and Mariah W. (collectively, “the Children”). After a hearing, the Juvenile
Court entered an order terminating Father’s parental rights to the Children. The Juvenile
Court found by clear and convincing evidence that DCS had proven the grounds of
abandonment by failure to provide a suitable home, substantial noncompliance with the
permanency plans, persistent conditions, and failure to manifest an ability and willingness
to assume custody. The Juvenile Court also found by clear and convincing evidence that
termination of Father’s parental rights is in the Children’s best interest. Father appeals,
arguing that DCS failed to prove either grounds or best interest. We find that all four
grounds found by the Juvenile Court were proven by the requisite clear and convincing
evidence. We further find by clear and convincing evidence, as did the Juvenile Court, that
termination of Father’s parental rights is in the Children’s best interest. We affirm.

Authoring Judge: Judge D. Michael Swiney, C.J.
Originating Judge:Judge Timothy E. Irwin
Knox County Court of Appeals