Opinions

State vs. James E. Frazier
01C01-9801-CC-00036
Trial Court Judge: J. S. Daniel

Richard Waline vs. State
01C01-9805-CR-00199
Trial Court Judge: Seth W. Norman

State vs. Jason Kennedy Frazier
01C01-9812-CC-00484

01C01-9808-CR-00322
01C01-9808-CR-00322
Trial Court Judge: Steve R. Dozier

Alvin L. Smith, Jr. vs. State
01C01-9808-CC-00343
Trial Court Judge: W. Charles Lee

State vs. David E. Hancock
03C01-9808-CR-00278
Trial Court Judge: James E. Beckner

State vs. Michael Cardenas
W2001-01123-CCA-R3-PC
Authoring Judge: Judge David G. Hayes
The appellant, Michael Brian Cardenas, appeals from the order of the Chester County Circuit Court denying his petition for post-conviction relief. On appeal, the appellant argues that his guilty plea was involuntary because "he was denied the effective assistance of counsel at the trial level." In the appellant's brief, he raises four general areas of ineffectiveness: (1) his attorney failed to investigate, prepare or present a defense to charges against him; (2) counsel failed to file a motion to suppress the statement that appellant had provided to arresting authorities; (3) counsel failed to file a motion for change of venue; and (4) potential character witnesses were never interviewed to determine whether their testimony could be used during the trial. We find this argument without merit. The judgment of the post-conviction court is affirmed pursuant to Rule 20 of the Rules of the Tennessee Court of Criminal Appeals.

State v. Erica Hartwell
W2001-03116-CCA-R3-CO
Authoring Judge: Judge Jerry Smith
Trial Court Judge: Joseph H. Walker, III
In this appeal the appellant, Erica J. Hartwell, contends that the Circuit Court of Tipton County, Tennessee, erred in denying her a writ of certiorari to review and vacate the orders of the Tipton County General Sessions Court revoking the appellant's probation. She maintains that the general sessions court conducted the probation revocation hearing without proper notice and without informing her of her right to an attorney at the hearing and her right to appeal. We hold that under the circumstances the writ of certiorari is not available. The judgment of the circuit court is therefore affirmed.

Timothy Gene Green v. Lumbermen's Underwriting Alliance & Fleetwood
01S01-9806-CV-00113
Authoring Judge: Henry Denmark Bell, Retired Judge
Trial Court Judge: Hon. Bobb Y Capers

Allen Dale Jarvis v. Nissan Motor Mfg Corp.
01S01-9810-CH-00186
Authoring Judge: Henry Denmark Bell, Retired Judge
Trial Court Judge: Hon. James L . Weatherford

Roger Lee Dailey v. Ez Loader Boat Trailers, et al
01S01-9805-CH-00101
Authoring Judge: Per Curiam
Trial Court Judge: Hon. Jeffrey Stewart

Jody Maynard Falk v. Saturn Corp.
01S01-9805-CH-00105
Authoring Judge: Per Curiam
Trial Court Judge: Hon. William B. Cain

Ricky Myers v. Carrier Corporation
01S01-9810-CH-00183
Authoring Judge: Hamilton V. Gayden, Jr., Special Judge
Trial Court Judge: Hon. Jefferey Stewart

Monika Pelis v. Precision Printing & Packaging
01S01-9809-CH-00160
Authoring Judge: Henry Denmark Bell, Retired Judge
Trial Court Judge: Hon. Robert W. Wedemeyer

John Darren Welker v. Bridgestone/Firestone
01S01-9810-CH-00192
Authoring Judge: Hamilton V. Gayden, Jr., Special Judge
Trial Court Judge: Hon. Robert E. Corlew

James E. Rainey v. Micro Craft, Inc., et al
01S01-9805-CH-00106
Authoring Judge: Henry Denmark Bell, Retired Judge

Betty Jo Reeves v. Henry I. Siegel Co., Inc., et al
01S01-9806-CH-00115
Authoring Judge: Thomas W. Brothers, Special Judge
Trial Court Judge: Hon. Donald P. Harris

State of Tennessee v. Albert Dewaynn Porter - Concurring
02S01-9803-CC-000205
Authoring Judge: Justice Janice M. Holder
Trial Court Judge: Judge C. Creed McGinley

We granted this appeal to determine whether the common law "procuring agent defense" has been abolished by statute. We hold that the procuring agent defense was abolished by Tenn. Code Ann. §39-11-203 (e)(2) which expressly states that "[d]efenses available under common law are here by abolished." The trial court appropriately declined to instruct the jury on the procuring agent defense, and the defendant's conviction for selling a controlled substance was supported by the evidence.

State vs. David Proffitt
03C01-9901-CR-00026
Trial Court Judge: Leon C. Burns, Jr.

State vs. Danny Lynn Porter
03C01-9811-CR-00393
Trial Court Judge: E. Eugene Eblen

Don Brunetti v. Board of Zoning Appeals of Williamson County, et al. - Concurring
01A01-9803-CV-00120
Authoring Judge: Judge Patricia J. Cottrell
Trial Court Judge: Judge Henry Denmark Bell

This is an appeal of the trial court’s affirmance, in a writ of certiorari action, of a decision of the Williamson County Board of Zoning Appeals interpreting and applying provisions of the Williamson County Zoning Ordinance. The Appellant, Mr. Brunetti, is a neighbor of Mr. Brian Sanders, and objects to the operation of two grain bins (sometimes referred to as silos) on Mr. Sanders’s 5-acre parcel in Williamson County, which is zoned “Estate.” The Board of Zoning Appeals interpreted state statute and local  ordinance to allow this “agricultural” use. We affirm.

William Jones v. Jeff Reynolds, Commissioner, Tennessee Department of Correction
01A01-9809-CH-00499
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Chancellor Carol L. McCoy

Plaintiff William Jones appeals the trial court’s order granting the motion for summary judgment filed by the Commissioner of the Tennessee Department of Correction in this dispute over the Department’s calculation of Jones’ sentence reduction credits. We affirm the trial court’s judgment.

Joanne Thompson Barrett v. Marilyn Young Hill - Concurring
01A01-9806-CV-00295
Authoring Judge: Judge Patricia J. Cottrell
Trial Court Judge: Judge Robert E. Corlew

This case involves a dispute between neighbors over a sewer line. The Defendant, Marilyn Hill, appeals the trial court’s finding of an easement by  implication in favor of the Plaintiff, Joanne Barrett, across Ms. Hill’s property for the purpose of connecting Ms. Barrett’s property to the city sewer line. We affirm the trial court.

Kevin Kathleen Stacey v. Donald Ray Stacey
02A01-9802-CV-00050
Authoring Judge: Senior Judge F. Lloyd Tatum
Trial Court Judge: Judge D'Army Bailey

Donald Ray Stacey (Husband) appeals an order modifying the terms of the parties’ final decree of divorce. After almost twenty-eight years of marriage, the parties were divorced on July 6, 1995. The final decree was subsequently amended on July 14, 1995, to require Husband to pay attorney’s fees to Kevin Kathleen Stacey (Wife). Three children were born during the course of the marriage, but only one child, Zachary, was still a minor at the time of the couple’s divorce. Pursuant to the Amended Final Decree of Divorce (amended final decree), Wife was granted sole custody of the minor child with Husband having reasonable visitation. Husband was ordered to pay $1,300.00 in child support per month plus the Child Support Guidelines amount of 21% of his annual bonus up to a total gross income of $9,900.00 (bonus and base salary).

Charles O. Mix and wife, Marilyn V. Mix, and Charles Alan Mix, v. Ray Miller and wife, Cleao Miller, Sandra Miller Scott, and Sherrell Mille Cole v. Ray Miller
02A01-9804-CH-00104
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Chancellor J. Walton West

The Mixes and the Millers are owners of adjacent pieces of real property. In this boundary line dispute, the trial court (1) determined the boundary line that divides the parties’ properties, (2) awarded damages to the Millers for certain timber that had been removed from the disputed property by the Mixes, (3) denied the parties’ motions to alter, modify, or amend its judgment or, in the alternative, for a new trial, (4) denied the Millers’ motion for discretionary costs, and (5) denied the Mixes’ motion to re-open the proof. For the reasons set forth below, we affirm in part, reverse in part, and remand the cause for further proceedings consistent with this opinion