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| Taylor Mehrhoff Co.
W1999-00413-COA-R3-CV
Plaintiffs, Landowners, sued adjoining landowners, seeking a judgment determining the location of a disputed boundary line. The trial court found that Defendants had: (1) established record title to the disputed property; (2) established the boundary line in recorded deeds and trust deeds, and by the conduct, implied agreement, acquiescence and recognition of adjoining property owners; and (3) proven title by adverse possession of the disputed property. Plaintiffs-Landowners have appealed.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Dewey C. Whitenton |
Fayette County | Court of Appeals | 09/19/00 | |
| State vs. Roderick Johnson
M1999-00605-CCA-R3-CD
A Davidson County jury convicted defendant of second degree murder. In this appeal as a matter of right, defendant challenges only the sufficiency of the evidence upon which the jury based his conviction. Our review of the record reflects sufficient evidence to support the jury's finding. Accordingly, we affirm the judgment of the trial court.
Authoring Judge: Judge Joe G. Riley
Originating Judge:J. Randall Wyatt, Jr. |
Davidson County | Court of Criminal Appeals | 09/19/00 | |
| State of Tennessee v. Connie Easterly
M2000-00077-CCA-R10-CO
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:Robert Steven Bebb |
Sequatchie County | Court of Criminal Appeals | 09/19/00 | |
| James C. Barbra v. Clarendon National Insurance
E1999-00232-WC-R3-CV
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated _ 5-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The appellant, Clarendon National Insurance Company, is the workers' compensation insurance carrier for United Marine Corporation (hereafter "the employer"). The issue is whether an award of 62-1/2 percent partial disability to the body as a whole is excessive in light of the medical and vocational testimony. We affirm the judgment of the trial court.
Authoring Judge: Peoples, Sp. J.
Originating Judge:D. Kelly Thomas, Judge |
Knox County | Workers Compensation Panel | 09/19/00 | |
| Donnie Johnson vs. Centex
W2000-00072-COA-R9-CV
This appeal arises from an injury by Worker who fell through a hole in the roof while working on a construction site. Worker brought suit against the Owner, the General Contractor and Builder, who through its construction of precast concrete panels had created the hole. The trial court granted Owner and General Contractor summary judgment on the basis that both were acting in the capacity of a general contractor and were thus exempt from suit under the workers' compensation statutes. Builder, even through it no longer had control of the area where Worker was injured, was denied summary judgment on the basis that OSHA regulations created a non-delegable duty to prevent injuries. We affirm the trial court's granting of summary judgment to Owner and General Contractor. We reverse the trial court's denial of summary judgment for Builder, finding that OSHA regulations do not create a duty for Builder.
Authoring Judge: Judge David R. Farmer
Originating Judge:William B. Acree |
Obion County | Court of Appeals | 09/19/00 | |
| State vs. Samuel Wayne Loveday
E1999-01090-CCA-R3-CD
The defendant, who was convicted of attempted aggravated rape, aggravated sexual battery, and aggravated assault, appealed these convictions, presenting as issues whether the out-of-court showup identification of the defendant was impermissibly suggestive and whether the subsequent in-court identification was tainted as a result. Based upon our review, we conclude that these issues are without merit and, thus, affirm the judgment of the trial court.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Ray L. Jenkins |
Knox County | Court of Criminal Appeals | 09/18/00 | |
| Rhonda Moffitt vs. Paul Moffitt
W1999-02403-COA-R3-CV
In this divorce case, Husband appeals the trial court's final decree as it deals with the division of marital property, the division of marital debt (including crediting Wife for monies spent prior to the sale of the marital home), and child support arrearages. We affirm.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Joe C. Morris |
Henderson County | Court of Appeals | 09/18/00 | |
| W1999-01828-COA-R3-CV
W1999-01828-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Originating Judge:George R. Ellis |
Gibson County | Court of Appeals | 09/18/00 | |
| State vs. James Christopher Lewis
E1999-00802-CCA-R3-CD
The defendant entered an Alford plea to one count of attempted rape and two counts of sexual battery. He received a sentence of eight years as a Range II offender for the attempted rape and two years, as a Range I offender, for each of the sexual battery charges. All sentences were to be served concurrently. The defendant's request for a suspended sentence was denied after a lengthy hearing, and he raises that denial as the sole issue on appeal. Based upon our review, we affirm the judgment of the trial court.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:R. Jerry Beck |
Sullivan County | Court of Criminal Appeals | 09/18/00 | |
| Gratz Carden, Jr. v. The Tennessee Coal Company
E1999-01213-WC-R3-CV
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated _ 5-6-225(e)(3) for a hearing and reporting of findings of fact and conclusions of law. The appellant/defendant challenges the trial court's award of permanent and total disability benefits to the appellee/plaintiff. Also, the appellant contends that the evidence does not support the trial court's award of benefits to the body as a whole. After an in-depth review of the entire record, briefs of the parties and applicable law, we affirm the trial court's judgment. Tenn. Code Ann. _ 5-6-225(e) (1999) Appeal as of Right; Judgment of the Circuit Court is Affirmed. LAFFERTY, SR. J., in which BARKER, J., and PEOPLES, SP. J., joined. Robert W. Knolton, Oak Ridge, Tennessee, for the appellant, The Tennessee Coal Company. Roger L. Ridenour, Clinton, Tennessee, for the appellee, Gratz Carden, Jr. MEMORANDUM OPINION Trial Testimony The plaintiff, age 56, testified that he left the eighth (8th) grade to help supplement the family income. He worked in service stations, construction, and spent two years in the United States Army. In 1968, the plaintiff went to work in the coal mines of east Tennessee until his injury of November 15, 1995. The plaintiff stated that he started out as a laborer, was a boss on the job, and served as safety director. At the time of his injury, the plaintiff was a scoop operator. The plaintiff described the coal mines in the Tennessee area as low seam mines. These mines are approximately four (4) feet high. Most of the time a miner must walk bent over or be on their knees. At the time of his injury, the plaintiff was operating a head drive, which drives a belt line. This belt line removes coal from the mine. The plaintiff testified that he had the scoop of the head drive at the top of the mine when he slipped off the back of the head drive, falling about four (4) feet, striking the side of the scoop. The plaintiff was removed from the mine and taken to the Oak Ridge Hospital, where he spent three (3) days. The plaintiff was seen by Dr. John Jernigan for loss of balance, stomach sickness, and loss of hearing. The plaintiff stated that he underwent surgery but his loss of hearing did not improve. After three (3) months, his balance improved where he could walk by himself. Without Dr. Jernigan's knowledge, the plaintiff returned to work, "thinking I was going to get over this . . . I was being told the right side of my brain would block out all this damage." At work, the plaintiff would answer the telephone and occasionally grease the belt line. However, the plaintiff would become sick and have to leave work on occasion. The plaintiff testified that he was laid off after sixteen (16) months when the company closed the mine. Since the injury, the plaintiff testified that he cannot work around the home and has difficulty with walking or gardening. The plaintiff described his vision problems at night, "I'm like a drunk man trying, when I'm in the dark, I just cannot function. I can shut my eyes and go from the living room to the bedroom, if I leave my eyes open I'm bouncing off the walls." The plaintiff stated that he had always worked and provided for his family. His wife did not work outside of the home because he wanted her to stay home and take care of the children. The plaintiff testified that he had sustained two (2) past injuries on the job. The plaintiff broke his right foot, and on another occasion he broke his jaw. As a result, he only missed enough work for the doctor to treat his injuries and returned immediately to work. Since the plaintiff's lay off, he has received no income, but he and his wife have existed on his withdrawn retirement fund. The plaintiff stated that he cannot work an eight (8) hour day or a five (5) day week, due to his dizziness and balance problems. The plaintiff testified that about the time of this surgery, he took medication for his dizziness. Mrs. Bobbie Jean Carden, the plaintiff's wife, testified that her husband has been a great husband and father. She stated that she has never had to work outside the home since it was not necessary. Since the accident, she stated that her husband does not have any balance, and he must be slow in whatever he is doing. Mrs. Carden testified that she cleans houses and cooks for the elderly ladies in the neighborhood for five dollars ($5) an hour. When describing her husband's driving, Mrs. Carden stated, "he scares me to death . . . he cannot hear." Mrs. Carden testified that her husband must wear sunglasses since the sun kills his eyes and gives him a headache. She stated that her husband has a high tolerance for pain. When he broke his jaw and foot he went back to work immediately. Dr. Rodney E. Caldwell, a vocational consultant, testified that he met the plaintiff on December 8, 1998. Dr. Caldwell obtained the plaintiff's beliefs as to his ability to return to work, and he also reviewed the deposition of Dr. Jernigan. Dr. Caldwell stated that, in the interview, the plaintiff had not exaggerated his symptoms, and that they were consistent with what the plaintiff had told Dr. Jernigan. Dr. Caldwell described Dr. Jernigan's definition of "good balance function to mean normal balance function," as rather vague. Dr. Caldwell stated that one with balance problems would have difficulty lifting, climbing and bending over because one would tend to topple over. -2-
Authoring Judge: Lafferty, Sr. J.
Originating Judge:James B. Scott, Jr., Judge |
Knox County | Workers Compensation Panel | 09/18/00 | |
| Stanley Kline vs. William Benefiel
W1999-00918-COA-R3-CV
This case arises from a home construction contract entered into by the Appellants and the Appellees. The Appellants filed a complaint against the Appellees in the Circuit Court of Shelby County for breach of contract. The Appellees filed a counter-complaint for breach of contract and unjust enrichment. The Appellants filed an amended complaint for violations of the Tennessee Consumer Protection Act. The trial court dismissed the Appellees' counter-complaint and found in favor of the Appellees as to the Appellants' complaint. The Appellants appeal from the order of the Circuit Court of Shelby County, finding in favor of the Appellees. For the reasons stated herein, we affirm the trial court's decision.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Jon Kerry Blackwood |
Shelby County | Court of Appeals | 09/18/00 | |
| Elizabeth Cates vs. Herbert Cates
W1999-02359-COA-R3-CV
This is a divorce dispute. Prior to divorce, the wife left the marital home, taking some of the parties' joint cash savings. On the day of the divorce hearing, the husband stipulated as to his inappropriate marital conduct, and the divorce was granted to the wife on that ground. The wife was awarded approximately 51% of the marital estate, rehabilitative alimony, and attorney's fees. The trial court excluded from its division of marital property the money the wife took when she moved out. The husband appeals. We affirm.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Martha B. Brasfield |
Tipton County | Court of Appeals | 09/18/00 | |
| Rain/Hail Ins. vs. James Peeler
W1999-01962-COA-R3-CV
This is a suit for the recovery of an insurance premium. The Appellant brought a complaint against the Appellee in the Circuit Court of Tipton County, seeking to recover the premium it claimed was due pursuant to a clause in the insurance policy. Both the Appellant and the Appellee brought motions for summary judgment. The trial court dismissed the Appellant's complaint and granted the Appellee's motion for summary judgment. The Appellant appeals the decision of the Circuit Court of Tipton County dismissing the Appellant's complaint and granting the Appellee's motion for summary judgment. For the reasons stated herein, we affirm the trial court's decision.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Joseph H. Walker, III |
Tipton County | Court of Appeals | 09/18/00 | |
| State vs. Larry Burks
E1999-00571-CCA-R3-CD
The mobile home, which was the residence of the defendant and his wife, was searched, pursuant to a search warrant, and certain illegal substances were found. The defendant filed a motion to suppress, contesting the adequacy of the description of the place to be searched. Following a hearing on the motion and the trial court's upholding the validity of the search warrant, the defendant entered a plea of guilty to a drug offense, reserving as certified questions of law the adequacy of the portion of the search warrant describing the place to be searched and whether the search warrant sufficiently established the reliability of the confidential informant. Based upon our review, we affirm the finding of the trial court that the description of the premises was adequate. Our consideration of the second certified question of law is waived because this issue was not pursued on appeal.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:J. Curtis Smith |
Bledsoe County | Court of Criminal Appeals | 09/18/00 | |
| State vs. Wilson
E1996-00006-SC-R11-CD
This is an appeal from the Circuit Court for Blount County, where Brandon Wilson, the defendant, pleaded guilty to seven counts of delivery of cocaine and to three counts (merged by the trial court into one count) of possession of cocaine with the intent to sell or deliver. Wilson appealed to the Court of Criminal Appeals contending, inter alia, that his indictments were legally insufficient and that the trial court erred in accepting the guilty plea because it was not voluntarily entered. The Court of Criminal Appeals agreed and reversed Wilson's convictions on all counts. We hold that the seven indictments for delivery of cocaine are sufficient; Wilson's convictions on these indictments are, therefore, reinstated. Additionally, because the issue concerning the voluntariness of Wilson's plea was not properly before the intermediate appellate court, we reinstate the conviction for possession of cocaine. This reinstatement is without prejudice to Wilson's right to file a petition for post-conviction relief within the appropriate time.
Authoring Judge: Justice Adolpho A. Birch, Jr.
Originating Judge:D. Kelly Thomas, Jr. |
Blount County | Supreme Court | 09/18/00 | |
| State vs. Robert C. Copas
M1999-00841-CCA-R3-CD
The defendant, Robert C. Copas, was indicted by a Sumner County Grand Jury for one count of aggravated rape. After discovering that the recording of the defendant's preliminary hearing was inaudible, the defendant moved to dismiss the indictment and remand for a new preliminary hearing pursuant to rule 5.1 of the Rules of Criminal Procedure. Following a hearing, the trial court did not dismiss the indictment, but remanded for a new preliminary hearing. The state then moved to dismiss the indictment, arguing that case law requires dismissal of the indictment under these circumstances. The court agreed and dismissed the indictment but the state then brought this appeal. Because the trial court's dismissal of the indictment and remand for a new preliminary hearing was an appropriate remedy for a violation of the Tenn. R. Crim. P. 5.1 (a) the judgment of the trial court is affirmed.
Authoring Judge: Judge Jerry Smith
Originating Judge:Jane W. Wheatcraft |
Sumner County | Court of Criminal Appeals | 09/15/00 | |
| Michelle Baker Pisano v. Gerry Baker
W1999-02660-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:William Michael Maloan |
Weakley County | Court of Appeals | 09/15/00 | |
| State of Tennessee v. Russell E. Mills
II-199-28-A
Originating Judge:Timothy L. Easter |
Williamson County | Court of Criminal Appeals | 09/15/00 | |
| Sam Simpson vs. Addie Davis
W1999-00689-COA-R3-CV
This appeal arises from a breach of fiduciary duty and unjust enrichment action initiated by Sam Simpson against Addie Davis. Simpson alleged Davis breached her duty as trustee of her deceased mother's estate and was unjustly enriched by Simpson's construction of a residence on Davis' property. The trial court held that although Davis did not breach a fiduciary duty, she was unjustly enriched. The court ordered the sale of both the property and residence with proceeds to be allocated between the parties. Davis appeals.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Martha B. Brasfield |
Fayette County | Court of Appeals | 09/15/00 | |
| State vs. Larry E. Scales
M1998-00142-CCA-R3-CD
The defendant, Larry E. Scales, appeals his conviction of theft over $500 and his six-year sentence as a career offender. Because the trial court erroneously instructed the jury on the possible range of punishment, the judgment is reversed and the defendant is granted a new trial.
Authoring Judge: Judge Gary R Wade
Originating Judge:Charles D. Haston, Sr. |
Warren County | Court of Criminal Appeals | 09/15/00 | |
| State vs. Jerry D. Carney
M1999-01139-CCA-R3-CD
The appellant, Jerry D. Carney, appeals his conviction by a jury in the Davidson County Criminal Court of first degree murder. Pursuant to his conviction for first degree murder, the trial court sentenced the appellant to life in prison in the Tennessee Department of Correction, with the possibility of parole. The appellant raises the following issues for our review: (1) whether there was sufficient evidence of premeditation to support his conviction of first degree murder; (2) whether the State violated Brady by failing to disclose audio taped statements made by the police of witnesses the day after the shooting; and (3) whether the trial court erred in precluding the appellant's cross-examination of the police officers who were testifying at trial about their training regarding self-defense and the application of deadly force. Upon review of the record and the parties' briefs, we affirm the judgment of the trial court.
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:Cheryl A. Blackburn |
Davidson County | Court of Criminal Appeals | 09/15/00 | |
| Frank Mills vs. Luis Wong
W1999-00665-COA-R9-CV
This appeal presents a dispute over proper venue arising out of a medical malpractice suit against multiple defendants. The Shelby County Circuit Court denied the Defendant's motion to dismiss for improper venue. The case is before this court on an interlocutory appeal.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Robert A. Lanier |
Shelby County | Court of Appeals | 09/15/00 | |
| State of Tennessee v. Larry E. Scales
1998-00142-CCA-R3-CD
Originating Judge:Charles D. Haston, Sr. |
Warren County | Court of Criminal Appeals | 09/15/00 | |
| State vs. Barry Waters Rogers
M1999-01358-CCA-R3-CD
The defendant, Barry Waters Rogers, was indicted for arson, conspiracy to commit arson, and vandalism. The jury acquitted the defendant on the charge of conspiracy to commit arson but, on the arson charge, returned a guilty verdict on the lesser included offense of facilitation of arson. Although the jury also returned a guilty verdict for facilitation of vandalism, the trial court later set that aside. The trial court imposed a Range I sentence of three and one-half years in the Department of Correction, with probation to be granted after the first year of service. In this appeal of right, the defendant challenges the sufficiency of the evidence and complains that he was improperly sentenced. We find no error and affirm the judgment of the trial court.
Authoring Judge: Judge Gary R Wade
Originating Judge:Robert L. Jones |
Giles County | Court of Criminal Appeals | 09/15/00 | |
| State vs. Justin Victory
M2000-00015-CCA-R3-CD
The defendant, Justin Victory, entered a plea of guilty to the offense of aggravated burglary before the Davidson County Criminal Court. Pursuant to the plea agreement, the defendant was to receive a sentence of four (4) years, with the manner of service to be determined by the trial court. Following a sentencing hearing, the trial court denied the defendant's request for an alternative sentence and ordered the defendant to serve the sentence in the Davidson County CCA. Also, the trial court advised the defendant that upon completion of the Life Lines Substance Abuse Program, the trial court would suspend the balance of the sentence and determine proper restitution. In this appeal of right, the defendant complains that the trial court erred in denying him supervised probation. After a review of the record, the briefs of parties and applicable law, we modify the manner of the service of the defendant's sentence to 214 days incarceration with the remainder served on supervised probation.
Authoring Judge: Sr. Judge L. Terry Lafferty
Originating Judge:Steve R. Dozier |
Davidson County | Court of Criminal Appeals | 09/15/00 |