Opinions

State of Tennessee v. Rashad J. Chandler
W2001-01565-CCA-R3-CD
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge John P. Colton, Jr.

A Shelby County grand jury indicted the defendant on charges of first degree premeditated murder, felony murder, and especially aggravated robbery. A trial jury subsequently convicted him of first degree premeditated murder and acquitted him of the remaining charges. The defendant then unsuccessfully pursued a new trial motion. In this appeal the defendant asserts that the trial court erred by not suppressing his statement and that the jury's verdict is inconsistent with the evidence presented at trial. After reviewing the record and relevant authorities, we find neither of the defendant's claims meritorious. We, therefore, affirm the judgment of the trial court.

State of Tennessee v. Donald Clark
W2001-01549-CCA-R3-CD
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge Joseph B. Dailey

A Shelby County jury found the defendant, Donald Clark, guilty of especially aggravated robbery. The trial court subsequently sentenced the defendant to serve twenty-seven years as a violent offender. The defendant now appeals his conviction, (1) challenging the sufficiency of the evidence to support his conviction and (2) the trial court's failure to charge the lesser-included offense of reckless aggravated assault. After a thorough review of the record, we find that the evidence is sufficient to support the verdict, but that the trial court erred by failing to instruct the jury on the offense of reckless aggravated assault. However, we find that error to be harmless beyond a reasonable doubt. Therefore, we affirm the judgment of the trial court.

State of Tennessee v. N'Kosi Tuggle
W2002-02625-CCA-R3-CD
Authoring Judge: Presiding Judge Gary R Wade
Trial Court Judge: Judge W. Otis Higgs, Jr.

The defendant, N'Kosi Tuggle, entered a plea of guilt to aggravated robbery. The trial court imposed a Range I sentence of eight years. In this appeal of right, the defendant argues that he should have been classified as an especially mitigated offender. The judgment is affirmed.

Jarvis D. Cohen v. State of Tennessee
W2002-00828-CCA-R3-PC
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Bernie Weinman

The petitioner appeals the denial of his petition for post-conviction relief. The petitioner contends his trial counsel failed to investigate his case and meet with him regularly. He further contends his trial counsel never held a hearing on his motion to suppress his identification, thus rendering his plea involuntary. We conclude that the evidence does not preponderate against the findings of the post-conviction court. We affirm the post-conviction court's denial of post-conviction relief.

Fred Delaney v. State of Tennessee
W2002-00496-CCA-R3-PC
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Bernie Weinman

The petitioner appeals the denial of his petition for post-conviction relief. He claims ineffective assistance of counsel and that his sentence is excessive. Because this Court previously determined that the petitioner's sentence was not excessive on direct appeal, we dismiss this issue. We conclude that the evidence does not preponderate against the findings of the trial court and affirm the post-conviction court's denial of post-conviction relief.

State of Tennessee v. Darrell M. Anderson
W2002-01269-CCA-R3-CD
Authoring Judge: Presiding Judge Gary R Wade
Trial Court Judge: Judge Roy B. Morgan, Jr.

The defendant, Darrell M. Anderson, was convicted of aggravated assault and simple assault. The trial court imposed a Range III, ten-year sentence for the aggravated assault and a concurrent 11-month, 29-day sentence for the assault. In this appeal of right, the defendant argues that the evidence was insufficient to support either conviction. The judgments are affirmed.

State of Tennessee v. Jerry Lee Honey
W2002-01187-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge Jon Kerry Blackwood

The Defendant, Jerry Lee Honey, was convicted by a jury of two counts of first degree premeditated murder and sentenced to two concurrent terms of life imprisonment. The Defendant now appeals, challenging the sufficiency of the evidence. We affirm the judgments of the trial court.

Wayne Bailiff v. State
M2001-01936-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Thomas W. Brothers
In these consolidated appeals a wife appeals the order of the Tennessee Claims Commission dismissing her claim for loss of consortium because it was not brought as a part of her husband's claim, and the husband and wife appeal the Davidson County Circuit Court's denial of their motion to amend to add the wife's claim to the husband's action against the State of Tennessee and other defendants. We reverse the action of the Claims Commission and remand the wife's claim to the Circuit Court for trial.

City of Knoxville vs. Lumari Harshaw
E2002-02519-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: Dale C. Workman
While on patrol, Officer Gerald Thomas George ("the Officer") heard a "thumping bass noise" coming from a vehicle "at least 100 yards" away. The Officer stopped the vehicle and issued a citation for violation of section 18-5 of the City of Knoxville noise ordinance ("Ordinance") to the driver, Lumari Harshaw ("Defendant"). The Trial Court found Defendant violated the Ordinance. Defendant appeals claiming the City of Knoxville ("City") failed to prove an element of the charge, specifically that the noise was "audible to a person of normal hearing sensitivity more than fifty (50) feet from [the] vehicle." We affirm.

Neil Friedman vs. Lynn W. Brown
E2002-01615-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: William H. Inman

Neil Friedman vs. Lynn W. Brown
E2002-01615-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks

Michael Todd Drinnon v. State of Tennessee
E2002-00998-CCA-R3-PC
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Judge James E. Beckner

Michael Todd Drinnon appeals the dismissal of his second petition for post-conviction relief and attacks his convictions for a variety of reasons, mostly related to the claimed ineffectiveness of his trial counsel. The post-conviction court dismissed the petition as raising issues that had been previously determined and for failure to allege or establish grounds for reopening his previous petition. We affirm.

Sam Weaver vs. Knox County Board of Zoning Appeals
E2002-02000-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: John F. Weaver
Sam C. Weaver filed a petition for writ of certiorari, seeking an order of the trial court setting aside the decision of the Knox County Board of Zoning Appeals ("the BZA") granting Crown Communications, Inc., and BellSouth Personal Communications, Inc., dba Cingular Wireless, (collectively "the cellular companies") permission to construct a 195-foot cellular tower on property owned by one of Weaver's neighbors. The trial court dismissed the petition. We affirm.

Emma Johnson vs. Knox County Board of Education
E2003-00248-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: Dale C. Workman
Plaintiff Johnson slipped and fell where water was in school's hallway. Defendants were granted Judgment on ground they had no notice of condition of hallway. We reverse and remand.

New Covenant Baptist Church vs. Panther Sark
E2002-02693-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: Thomas R. Frierson, II

New Covenant Baptist Church vs. Panther Sark
E2002-02693-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard

Vickie Nash vs. Thomas Nash
E2002-01597-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: William K. Swann
This appeal of a judgment for divorce entered by the Knox County Circuit Court questions whether the Trial Court erred in its classification and division of a 401(k) retirement account and in its award of rehabilitative alimony. We affirm in part, modify in part and remand.

Victoria Henry v. Timothy Goins
M2000-02663-SC-R11-CV
Authoring Judge: Justice Janice M. Holder
Trial Court Judge: Hamilton V. Gayden, Jr.
The trial court entered an Order of Dismissal for failure to prosecute. The order was entered with prejudice and without notice to the parties. After the trial court reinstated Plaintiffs' claims pursuant to Rule 60.02 of the Tennessee Rules of Civil Procedure ("Rule 60.02"), Plaintiffs prevailed on the merits. The Court of Appeals held that the trial court erred in setting aside the Order of Dismissal and vacated the judgment in Plaintiffs' favor. We granted permission to appeal. Because Plaintiffs presented adequate grounds for relief under Rule 60.02, we hold that the trial court did not abuse its discretion in reinstating their claims. Therefore, we reverse that portion of the judgment of the Court of Appeals holding that the trial court erred in setting aside the Order of Dismissal. Accordingly, we reinstate the jury verdict, and we remand this cause to the trial court for proceedings consistent with this opinion.

Jeffrey Edmisten v. Kathy Edmisten
M2001-00081-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Wife sought separate maintenance and support. After a two year separation during the pendency of Wife's petition, Husband sought a divorce on the statutory ground of the separation. Wife opposed the divorce. The trial court dismissed Husband's counter-complaint, awarded Wife a legal separation, divided the marital property, and awarded alimony in futuro to Wife. Husband appeals, challenging not only the trial court's decision not to award a divorce, but also the division of marital property and award of alimony to Wife. We affirm in part, reverse in part, and modify the trial court's order.

Robert Davidson v. Charles Lindsey
W2000-02891-SC-R11-CV
Authoring Judge: Justice Frank F. Drowota, III
Trial Court Judge: Julian P. Guinn
In this personal injury case, we address whether the trial judge properly performed his duties as thirteenth juror in denying the appellees' motion for new trial. The Court of Appeals found that based on statements made by the trial judge during the trial, at the hearing for the motion for new trial, and at the hearing to set bond and stay execution of the judgment, there was "an appearance of bias" against two of the defendants due to their failure to reach a settlement with the plaintiffs. As a result, the Court of Appeals found that the trial judge could not have properly discharged his duty as thirteenth juror. We reverse. There is no indication that the trial judge was biased against the defendants; instead, it is clear that the trial judge believed that the ultimate outcome was obvious from the outset, and that the bad facts and poor testimony of one of the defendants should have prompted a substantial settlement offer from the defendants. The record indicates that the trial judge considered the issues in the case and explicitly approved the jury's apportionment of fault and the amount of damages awarded. Additionally, acting in our discretion under Tennessee Rule of Appellate Procedure 13(b), we address the other issues raised on appeal by the appellees, and find that they are without merit. As such, we reinstate the judgment of the trial judge approving the jury's verdict.

2002-02685-COA-R3-CV
2002-02685-COA-R3-CV
Trial Court Judge: Telford E. Forgerty, Jr.

Mitch Stooksbury vs. American National Property
E2002-02385-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: James B. Scott, Jr.
Mitch and Gina Stooksbury ("Plaintiffs") purchased homeowners insurance from American National Property and Casualty Company ("Defendant"). After Plaintiffs' home was destroyed by fire, they were informed by Defendant that their insurance policy had been cancelled prior to the date of loss because of an underwriting risk arising from missing railing on a deck. Defendant claimed to have mailed a cancellation notice and refund check to Plaintiffs in accordance with the terms of the policy. Plaintiffs denied receiving the cancellation notice or refund check. A jury concluded Defendant failed to prove by a preponderance of the evidence that it mailed the cancellation notice to Plaintiffs. The jury also concluded Defendant acted unfairly and in bad faith, and that Defendant's failure to pay the loss was through fraudulent and deceptive practices. The Trial Court entered a judgment for Plaintiffs in the amount of $92,750, for damages pursuant to the insurance contract, plus prejudgment interest on that $92,750. The Trial Court also assessed a 25% bad faith penalty and an additional 5% for punitive damages. Both parties appeal. We affirm the judgment for Plaintiffs in the amount of $92,750 and the prejudgment interest awarded on that $92,750. The bad faith penalty and award of punitive damages is reversed.

Lisa Kay Rogers vs. Richard Barrett Rogers
E2002-02300-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: Howell N. Peoples
In this divorce action, the trial court divided marital property and awarded child support and rehabilitative alimony. Both parties raise issues on appeal. We affirm, as modified.

State of Tennessee v. Tony Alan Garretson
M2002-01262-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge Lee Russell

Tony Alan Garretson, along with Harold Garretson and Tonya Garretson, sought return of numerous guns alleged to have been unlawfully seized by law enforcement when Tony Garretson was arrested for aggravated assault. The trial court found: (1) Harold Garretson and Tonya Garretson failed to establish they were the lawful owners of the guns; and (2) the guns could not be returned to Tony Garretson because he was convicted of aggravated assault and cannot lawfully possess a weapon. On appeal, the state concedes the guns were unlawfully seized and Harold Garretson and Tonya Garretson established proper ownership. We reverse the judgment of the trial court and remand for another hearing.

State of Tennessee v. Billy J. Coffelt and Lyle T. Van Ulzen
M2002-01214-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge J. Randall Wyatt, Jr.

The Defendants, Billy J. Coffelt and Lyle T. Van Ulzen, were each convicted of one count of felony escape, two counts of aggravated assault, and three counts of especially aggravated kidnapping. The trial court subsequently sentenced both Defendants to life imprisonment without the possibility of parole on each of their especially aggravated kidnapping convictions. The Defendants were each sentenced to two years for their escape convictions, and to six years for each of their aggravated assault convictions. In this direct appeal, both Defendants contend that their convictions for aggravated assault and especially aggravated kidnapping violate due process, relying on State v. Anthony, 817 S.W.2d 299 (Tenn. 1991). Both Defendants also allege error with respect to the trial court's admission of the identification of the felonies for which they were serving time when they escaped, and with respect to their sentences on the kidnapping convictions. Individually, Coffelt challenges the sufficiency of the evidence and the admission of proof concerning two weapons. Coffelt also alleges that the prosecutor's closing argument constituted reversible misconduct. We affirm the Defendants' convictions. We reverse the trial court's finding that the Defendants are repeat violent offenders subject to mandatory sentences of life imprisonment without the possibility of parole, and remand this matter for resentencing on the Defendants' convictions of especially aggravated kidnapping.