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Howard H. Vogel
ANTHONY ADAMS v. TENNESSEE DEPARTMENT OF CORRECTIONS
Anthony Adams, Mountain City, Tennessee, Pro Se.
Robert E. Cooper, Jr., Attorney General and Reporter, Michael E. Moore, Solicitor General, Bradley
W. Flippin, Assistant Attorney General, for the appellee, Tennessee Department of Corrections.
A prisoner filed a petition for certiorari in the Davidson County Chancery Court, seeking review of
the actions of the prison disciplinary board. The court found that the action had been filed in an
improper venue and transferred the matter to the Hickman County Circuit Court, pursuant to
Hawkins v. Tenn. Department of Correction, 127 S.W.3d 749 (Tenn. Ct. App. 2002). The Hickman
County Circuit Court dismissed the petition on several grounds, including the petitioner's failure to
file an affidavit with the court listing every lawsuit or claim previously filed by the inmate, together
with specific information about each of those filings, as is required by Tenn. Code Ann. Section 41-21-805.
We affirm the trial court.
ELONIA CANTRELL v. MICHAEL M. WILLIAMS
Michael Montel Williams, Gruetli-Laager, Tennessee, Pro Se.
Norman B. Feaster, II, Tullahoma, Tennessee, for the appellee, Elonia Myiah Cantrell.
The trial court found the defendant guilty of contempt "by the preponderance of the evidence" for
violating a protective order and sentenced him to five days in jail. We reverse because the trial court
applied the wrong standard of proof.
JENNIFER (CRUM) JONES v. JOHNNY L. CRUM
Edward L. Kershaw, Greeneville, Tennessee, for the Appellant, Jennifer (Crum) Jones.
Todd A. Shelton, Greeneville, Tennessee, for the Appellee, Johnny L. Crum.
Mother and Father were divorced in 2001, at which time they agreed to share custody of their two
children on an alternating week basis. In 2006, Mother filed a petition to modify the decree by
naming her primary residential parent and increasing her parenting time. Following mediation, the
parties submitted a mediated agreement and Temporary Parenting Plan, which substantially increased
Mother's parenting time, to the trial court for approval. The trial court refused to enter the
agreement, primarily because it did not provide for child support in accordance with this state's
Child Support Guidelines. Following a hearing, the trial court denied Mother's petition, finding that
there was no material change in circumstance that would justify a change in custody. Mother
appeals. After careful review, we find no error and affirm.
NANCI I. HOLDEN v. PAUL D. HOLDEN
Cara C. Welsh, Chattanooga, Tennessee, for the appellant, Paul D. Holden.
John M. Higgason, Jr., Chattanooga, Tennessee, for the appellee, Nanci I. Holden.
This is a post-divorce case. Paul D. Holden ("Husband") filed a petition against his former spouse,
Nanci I. Holden ("Wife"), seeking to modify the parties' residential parenting plan pertaining to their
minor children. Around the same time, the Department of Children's Services ("DCS") received an
anonymous referral regarding the children's "safety and possible sexual abuse" at Wife's residence.
The trial court subsequently appointed a guardian ad litem for the children. The court found, as was
recommended by the guardian ad litem, that Husband was entitled to more parenting time with the
children. The court also found that there was no foundation for the complaint made to DCS
regarding the children. The court ordered Husband to pay the fees of the guardian ad litem.
Husband appeals that order. We affirm.
ALLEN HUGHES v. TENNESSEE DEPARTMENT OF CORRECTION
Allen W. Hughes, pro se.
Robert Cooper, Attorney General and Reporter; Michael E. Moore, Solicitor General; Jennifer L.
Brenner, Assistant Attorney General, for the appellee, Tennessee Department of Correction.
Inmate filed petition for declaratory judgment under the Uniform Administrative Procedures Act
(UAPA) challenging the legality of the Tennessee Department of Correction's policy for conducting
urinalysis testing of inmates. The chancery court dismissed Inmate's petition determining that the
challenged policy was not subject to declaratory action under the UAPA. The judgment of the
chancery court is affirmed.
JAMES H. KELLEY, SURVIVING SPOUSE OF LILLIE DONNETTE KELLEY, DECEASED, ET AL., v. MIDDLE TENNESSEE EMERGENCY PHYSICIANS, P.C., ET AL.
This is a corrected opinion.
Daniel L. Clayton, Nashville, Tennessee, and Steven R. Walker, Memphis, Tennessee, for the
appellants, James H. Kelley, Surviving Spouse of Lillie Donnette Kelley, Deceased; Joshlane
Rachel Ware, Surviving Minor Daughter of Lillie Donnette Kelley, By and Through Her Next
Friend, Jackie White; and Joseph Lovell Ware, Surviving Adult Child of Lillie Donnette Kelley,
C. J. Gideon, Jr., and Brian Cummings, Nashville, Tennessee, for the appellees, John Cage,
M.D., and Mid-State Cardiology Associates, P.C.
The appeal arises from the summary dismissal of a medical malpractice action against a
cardiologist and his cardiology group. The decedent's surviving family alleges the decedent's
death was the result of medical malpractice. The trial court dismissed the claim finding the
plaintiff failed to prove the element of causation as required by Tenn. Code Ann. Section 29-26-115
(a)(3) . The plaintiff contends the evidence was sufficient to survive summary dismissal.
Finding no error, we affirm.
MARK A. NOBLIN v. CHAD P. CHRISTIANSEN, ET AL.
Frank M. Fly, James Bryan Moseley, Murfreesboro, Tennessee, for the appellant, Chad P.
Christiansen, d/b/a Chadwick Homes, a/k/a Chadwick Prater Homes.
D. Russell Thomas, Herbert M. Schaltegger, Murfreesboro, Tennessee, for the appellee, Mark A.
Defendant appeals the trial court's finding that he breached an oral contract to develop a residential
project and committed fraud. The parties presented different versions of their arrangement, and the
trial court found the defendant lacked credibility. The evidence supports the trial court's
determination that the parties had an oral agreement to build a house on a residential lot and split the
profits. The trial court's holding that the defendant committed fraudulent acts to deprive the plaintiff
of his interest in the property is also supported by the evidence. We affirm.
UPPER NORRIS CONSERVATION CLUB, INC. v. TOWN OF CUMBERLAND GAP
Jon G. Roach, Knoxville, Tennessee, for the Appellant, Town of Cumberland Gap.
David H. Stanifer, Tazewell, Tennessee, for the Appellee, Upper Norris Conservation Club, Inc.
Upper Norris Conservation Club, Inc. ("the Club"), a private club in Cumberland Gap, Tennessee
(the "Town"), applied to the Town's beer board for a permit to sell beer in its restaurant. The board
denied the Club's application on the ground that the Town's beer ordinance limited the number of
active beer permits to three and that no permits were then available. The Club appealed to the
Chancery Court for Claiborne County, which, in a de novo hearing, ordered the issuance of the beer
permit, finding that there was one beer permit available and that Cumberland Gap had shown no
reason why the permit should not be issued to the Club. The Town appealed the Chancery Court's
order. After careful review, we affirm.
CHERIE D. BAIRD TEAGUE v. STEVEN PAUL TEAGUE
Johnny V. Dunaway, LaFollette, Tennessee, for the appellant, Steven Paul Teague.
Mandy M. Hancock, Knoxville, Tennessee, for the appellee, Cherie D. Baird Teague.
At an earlier time, the trial court granted Cherie D. Baird Teague ("Wife") a legal separation from
Steven Paul Teague ("Husband"). Five years later, Husband filed an "Answer and [Counterclaim]"
in the legal separation proceeding seeking an absolute divorce. Wife filed a motion to dismiss the
counterclaim predicated upon her assertion that both of the parties were then living in a different
county. The trial court granted the motion. Husband appeals. We affirm.
JOHN WAYNE WEBB v. BRANDON O. CANADA, ET AL.
James Y. (Bo) Reed, Knoxville, Tennessee, for the Appellant, Brandon O. Canada.
Billy J. Stokes, Knoxville, Tennessee, for the Appellee, John Wayne Webb.
Linda J. Hamilton Mowles, Knoxville, Tennessee, for the Appellee, Douglas D. Townsend.
John Wayne Webb was injured in a car wreck and filed suit against two other drivers. A jury
found defendant Brandon O. Canada to be solely at fault and awarded Mr. Webb $723,426.27 in
compensatory damages against Mr. Canada. An order was entered awarding Mr. Webb judgment
against Mr. Canada in the amount of $723,426.27 and dismissing the case as to the other driver,
Douglas P. Townsend. Mr. Canada filed a motion seeking a new trial or in the alternative, a
remittitur. Following a hearing, the trial court suggested a remittitur in the amount of $125,000.
Final judgment was entered on July 24, 2006, referencing the remittitur and reducing the amount
of the judgment to $598,426.27. On appeal, Mr. Canada argues that he is entitled to a new trial
because Mr. Webb never accepted the remittitur, the verdict was excessive, and the remittitur
was inadequate. After review, we find no error and affirm.
STEVEN LAMONT ANDERSON v. GLEN TURNER, WARDEN AND STATE OF TENNESSEE
Steven L. Anderson, Whiteville, Tennessee, Pro Se.
Robert E. Cooper, Jr., Attorney General and Reporter; Cameron L. Hyder, Assistant Attorney
General; and James Pentecost, Jackson, Tennessee, for the appellee, State of Tennessee.
The petitioner, Steven L. Anderson, appeals from the summary dismissal of his pro se petition for
writ of habeas corpus. On appeal, he contends: the trial court did not follow the proper procedures
for processing his petition for writ of habeas corpus; the court improperly dismissed his petition;
and his right against double jeopardy was violated. After careful review, we conclude that no error
exists and affirm the dismissal of the petition.
STATE OF TENNESSEE v. MARCUS L. BRANNER
J. Liddell Kirk, Knoxville, Tennessee, for the appellant, Marcus L. Branner.
Robert E. Cooper, Jr., Attorney General and Reporter; Elizabeth B. Marney, Assistant Attorney
General; Randall E. Nichols, District Attorney General; and G. Scott Green and Deborah Herston,
Assistant District Attorneys General, for the appellee, State of Tennessee.
The defendant, Marcus L. Branner, was convicted by a Knox County Criminal Court jury of second
degree murder of Michael Gardner, a Class A felony, attempted second degree murder of Richard
Cagle, a Class B felony, and attempted second degree murder of Charles McGinnis, a Class B felony.
He was sentenced to twenty-four years as a violent offender for the murder and eleven years as a
Range I offender for each of the two attempted murders, and the sentences were imposed
concurrently. In this attempt at a delayed appeal, he argues that the evidence was insufficient to
support his convictions. We do not reach the merits of the defendant's appeal because we are
without jurisdiction to do so. Thus, we dismiss the appeal.
STATE OF TENNESSEE v. LARRY FRAZIER
Leslie S. Hale, Blountville, Tennessee, for the appellant, Larry Frazier.
Robert E. Cooper, Jr., Attorney General and Reporter; Rachel West Harmon, Assistant Attorney
General; Randall Nichols, District Attorney General; and Brandon Haren, Assistant District Attorney
General, for the appellee, State of Tennessee.
The Defendant, Larry Frazier, was charged by presentment from a Sullivan County grand jury with
violating an habitual traffic offender order, driving under the influence (ninth offense), and reckless
aggravated assault arising from an automobile collision. Following a jury trial, the Defendant was
convicted of violating the habitual traffic offender order, driving under the influence (sixth offense),
and reckless aggravated assault. The Defendant was sentenced as a Range II, multiple offender to
serve consecutive sentences, with an effective sentence of sixteen years in the Department of
Correction. The Defendant filed a timely motion for a new trial, which was denied. On appeal, the
Defendant argues that (1) the identification evidence was insufficient to support his convictions
beyond a reasonable doubt, (2) the trial court erred in ordering his sentences to be served
consecutively, (3) the trial court erred in sentencing the Defendant to the maximum sentence for each
of his three convictions, (4) the trial court erred in denying the Defendant's motion to waive all or
part of his fines, and (5) the trial court erred in denying the Defendant probation or other alternative
sentencing. Finding no reversible error, we affirm the judgments of the trial court.
STATE OF TENNESSEE V. TRISHA PLEMMONS
Stacey Nordquist (at hearing), Maryville, Tennessee, and J. Liddell Kirk (on appeal), Knoxville,
Tennessee, for the Appellant, Trisha Plemmons.
Robert E. Cooper, Jr., Attorney General and Reporter; Jennifer L. Bledsoe, Assistant Attorney
General; Mike Flynn, District Attorney General; and Mike Gallegos, Assistant District Attorney
General, for the Appellee, the State of Tennessee.
The Defendant, Trisha Plemmons, appeals the revocation of her community corrections sentence.
Finding no error on the part of the trial court, we affirm.
STATE OF TENNESSEE v. ROY ERNEST RUSSELL
Richard L. Burnett (on appeal) and Bryan E. Delius (at trial), Sevierville, Tennessee, for the
appellant, Roy Ernest Russell.
Michael E. Moore, Acting Attorney General and Reporter; Leslie E. Price, Assistant Attorney
General; James B. (Jimmy) Dunn, District Attorney General; and Johnnie D. Sellars, Assistant
District Attorney General, for the appellee, State of Tennessee.
The defendant, Roy Ernest Russell, appeals pursuant to Rule 37 of the Tennessee Rules of Criminal
Procedure. The certified question of law for review is whether the defendant's stop was
constitutionally permissible. We conclude, based on the staleness of the information, no reasonable
suspicion, supported with specific and articulable facts, existed that permitted a constitutional stop
of the defendant's vehicle. We further conclude that all evidence gathered from this constitutionally
impermissible stop must be suppressed, and the evidence is dispositive to the case at hand. We
reverse the judgment from the trial court and dismiss this case.
STATE OF TENNESSEE v. ALTON TAPPAN
C. Anne Tipton, Memphis, Tennessee, for the Appellant, Alton Tappan.
Robert E. Cooper, Jr., Attorney General & Reporter; Brent C. Cherry, Assistant Attorney General;
William L. Gibbons, District Attorney General; and Chris West, Assistant District Attorney General,
for the Appellee, State of Tennessee.
A Shelby County jury convicted the defendant, Alton Tappan, of aggravated burglary and theft of
property valued at $1,000 or more but less than $10,000. The trial court imposed an effective
incarcerative sentence of 14 years. On appeal, the defendant challenges the sufficiency of the
convicting evidence and complains that his sentence is excessive because the State failed to prove
an offender range above Range I. Our review assures us that the evidence is sufficient and that the
defendant was properly sentenced. We therefore affirm the convictions and sentence.
STATE OF TENNESSEE v. LEAH JOY WARD
Robert Wilson Jones, District Public Defender; Tony N. Brayton (on appeal), Mary Kathryn Kent
and Harry E. Sayle, III (at trial), Assistant District Public Defenders, for the appellant, Leah Joy
Robert E. Cooper, Jr., Attorney General and Reporter; Sophia S. Lee, Assistant Attorney General;
William L. Gibbons, District Attorney General; and Patience R. Branham and Pamela Fleming,
Assistant District Attorneys General, for the appellee, State of Tennessee.
The defendant, Leah Joy Ward, was found guilty by a jury of first degree premeditated murder. She
was sentenced to life imprisonment. The only issue presented on appeal is whether the evidence
supports the element of premeditation. After review, we conclude the evidence was sufficient and
affirm the conviction.
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