Tennessee Administrative Office of the Courts

Appellate Court Opinions

Format: 07/02/2015
Format: 07/02/2015
State vs. Johnny Perry
02C01-9605-CR-00160
Shelby County Court of Criminal Appeals 06/10/97
03C01-9602-CC-00066
McMinn County Court of Criminal Appeals 06/10/97
Than Those Articulated By The Majority. The Majority Relies Upon State v. Marshall,
03C01-9602-CC-00066
McMinn County Court of Criminal Appeals 06/10/97
Than Those Articulated By The Majority. The Majority Relies Upon State v. Marshall,
03C01-9602-CC-00066
McMinn County Court of Appeals 06/10/97
03C01-9603-CC-00099
Sullivan County Court of Criminal Appeals 06/10/97
State vs. James Harvest
02C01-9506-CC-00167
Hardeman County Court of Criminal Appeals 06/09/97
Barry Wells vs. Ron Rickard
02C01-9610-CV-00358
Lauderdale County Court of Criminal Appeals 06/09/97
Glenda Whisenhunt vs. Gordon Whisenhunt
02A01-9506-CV-00126
Shelby County Court of Appeals 06/09/97
David Dunnehew vs. Donna Dunnehew
02A01-9604-CH-00079
Court of Appeals 06/09/97
State vs. James Harvest
02C01-9506-CC-00167
Hardeman County Court of Criminal Appeals 06/09/97
State vs. Freddie Mans
02C01-9605-CR-00147
Shelby County Court of Criminal Appeals 06/09/97
Barry Wells vs. Ron Rickard
02C01-9610-CV-00358
Lauderdale County Court of Criminal Appeals 06/09/97
State of Tennessee v. David Paul Martin
03S01-9604-CR-00040

We granted review in this case to determine whether a court-ordered mental evaluation violated the defendant’s right against self-incrimination and the right to counsel under the United States and Tennessee Constitutions.

Supreme Court 06/09/97
Pacific Properties, v. Home Federal Bank of Tennessee, v. Michael S. Stalcup
03A01-9701-CV-00020

This action for conversion was submitted to a jury which returned a general verdict for the plaintiff, thereby implicitly finding that the fact-driven principal defense of the Statute of Limitations was not well-taken. Home Federal appeals and presents for review issues which, as paraphrased, question the propriety of the submission of the case to the jury, whether the defense of Statute of Limitations was well-taken, as a matter of law, whether requested jury instructions should have been given and whether the drawer of a check adequately instructed the drawee Bank as to its disposition. Pacific Properties

Court of Appeals 06/09/97
Thelma W. Kelley, v. John E. Vance and Betty L. Vance, and Allstate Insurance Company
03A01-9701-CV-00031

In this action, plaintiff seeks uninsured motorist coverage from her insurance company, and the Trial Court, responding to motion for summary judgment, granted judgment to defendant Allstate Insurance Company (Allstate). Plaintiff has appealed.

 

Sevier County Court of Appeals 06/09/97
State of Tennessee vs. John Claude Wells, III
01C01-9505-CR-00146

The appellant, John Claude Wells, III, (defendant), was convicted of nine (9) counts of aggravated sexual battery, a Class B felony, by a jury of his peers. The trial court, finding the defendant to be a standard offender, imposed a Range I sentence consisting of confinement for ten (10) years in the Department of Correction in each of the nine counts. The sentences must be served consecutively. The effective sentence imposed was confinement for ninety (90) years in the Department of Correction.

Davidson County Court of Criminal Appeals 06/06/97
State of Tennessee vs. Eldred Reid
01C01-9511-CC-00390

The Appellant, Eldreid Reid, appeals as of right his conviction and sentence for one count of rape. He argues on appeal:

 (1) The trial court erred when it permitted the State to introduce evidence that Dorey Horton’s daughter had charged her with assault.
(2) The trial court erred in refusing to permit him to elicit certain testimony from Dorey Horton and in not allowing him to make an offer of proof regarding that testimony.
(3) The trial court erred when it prohibited him from introducing testimony that the first grand jury which considered the case returned a no true bill.
(4) His sentence is excessive.


We have reviewed the record presented in this appeal and find no reversible error. Accordingly, we affirm the Appellant’s conviction and sentence.

Rutherford County Court of Criminal Appeals 06/06/97
State of Tennessee vs. Michael Robey
01C01-9607-CR-00291

The appellant, Michael Wayne Robey, was indicted on two counts of aggravated burglary and two counts of theft. As part of a plea agreement, the two theft charges were dismissed; and he pled guilty to two counts of aggravated burglary. The appellant was classified as a Range II, multiple offender and the state recommended concurrent sentences of seven years at 35%.

Sumner County Court of Criminal Appeals 06/06/97
Aeyon Cho v. Dae-Young Jeong - Concurring
03A01-9608-CV-00257

We granted the application of Dae-Young Jeong (Husband) for an interlocutory appeal pursuant to Rule 9, T.R.A.P., to consider whether the trial court has subject matter jurisdiction to grant his wife, the plaintiff Aeyon Cho (Wife), an absolute divorce.

Knox County Court of Appeals 06/06/97
Whitney Leigh Davidson, Minor Child, by next friend, Rozan Davidson, v. Donna Wright, et al.
03A01-9702-CH-00051

The Knox County Board of Education adopted a policy against the possession of weapons on school campuses for the school year beginning in September 1995. Whitney Leigh Davidson was provided a copy of the West High School Handbook which explained the policy and the consequences of its violation. On January 23, 1996, while a junior at West High School, she was suspended for a violation of the policy. Following a series of administrative hearings the Board of Education held a plenary hearing and upheld the decision to expel Ms Davidson for one year. Judicial review resulted in a finding that the Board had not acted arbitrarily, illegally or beyond its jurisdiction in expelling Ms. Davidson.

Knox County Court of Appeals 06/06/97
Casey Lynn Burgess, v. Brenda Lea (Burgess) Welch
03A01-9703-PB-00077

By this appeal Casey Lynn Burgess insists that the Trial Court was in error in dismissing his petition for change of custody of his two children, custody of whom by the divorce decree was awarded to Ms. Welch.

Cumberland County Court of Appeals 06/06/97
Gladstone Ralph Hobbs v. Mollie Jane Hobbs - Concurring
03A01-9702-CV-00063

This is a divorce action. The defendant (wife) assertson this appeal, among other things, that the trial court abused its discretion in denying a continuance of the trial. The record reflects that there was a great deal of confusion as to the way and manner the case was set for trial because of the resignation of the former Circuit Judge. The wife's counsel claims to have had no notice of the trial date until the day the case was set for trial. On that date, he applied to the court for a continuance. The court continued the case until the following morning at 7:00 a.m. Prior to the trial, the court allowed the wife's attorney to make a motion for a continuance on the record, with a written motion, to be filed as exhibit No.1. Counsel's affidavit supporting the motion for a continuance was allowed to be filed as exhibit 2.

Greene County Court of Appeals 06/06/97
Keith Hardware, Inc. v. Douglas L. White and Carolyn L. White - Concurring
03A01-9610-CH-00339

The issue on this interlocutory appeal granted pursuant to T. R. A. P. Rule 9, is whether the lease between the parties is too broad to be enforceable, as was held by the Trial Court.

Washington County Court of Appeals 06/06/97
Corbin Dale Meador, v. Linda J. Meador
03A01-9612-CV-00405

The controversy presently on appeal attacks a judgment entered in a post-divorce petition for contempt, wherein Linda J. Meador seeks to recover property she contends was awarded he i the divorce decree and to find her fomer husband, Corbin Dale Meador in contempt of court for refusing to deliver the property to her.

 

Hamilton County Court of Appeals 06/06/97
Anthony W. Nance and Brandon Nance v. Christopher H. Strunk
03A01-9701-CV-00037

In this action arisitn grom a motor vehicle accident, the defendants were granted summary judgment and plaintiffs have appealed.

Campbell County Court of Appeals 06/06/97