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| Margaret Elizabeth Butler v. Txas Boot,
M1999-00674-WC-R3-CV
The appellant contends the trial judge erred (1) in determining the employee's condition arose out of the employment and (2) in applying Tenn. Code Ann. _ 5-6-242, and (3) that the award is excessive.
Authoring Judge: Loser, Sp. J.
Originating Judge:John D. Wooten, Jr., Judge |
Smith County | Workers Compensation Panel | 08/14/00 | |
| Daniel Ray Stanfill vs. Karen Elaine Wright Stanfill
E1999-01878-COA-R3-CV
In this post-divorce proceeding, the trial court modified the judgment of divorce by changing the custody of Christopher Stanfill (DOB: February 12, 1993) from Karen Elaine Wright Stanfill ("Mother") to Daniel Ray Stanfill ("Father"). The trial court also established Mother's visitation rights with her son. We affirm.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Bill Swann |
Knox County | Court of Appeals | 08/14/00 | |
| James David Ramsey, Jr. v. Crockett-Phillips Construction, et al
M1999-01008-WC-R3-CV
The employer and its insurer have appealed, contending the trial court's award of permanent disability benefits based on the functional equivalent of one hundred percent to both legs is excessive.
Authoring Judge: Loser, Sp. J.
Originating Judge:J. O. Bond, Judge |
Crockett County | Workers Compensation Panel | 08/14/00 | |
| Samuel D. Nunley v. Carrier Corporation
M1999-01640-WC-R3-CV
The sole issue in this workers' compensation appeal is whether the chancellor erred in finding that the plaintiff's injury arose out of his employment with Carrier Corporation. This panel affirms the decision of the trial judge.
Authoring Judge: Kurtz, Sp.J.
Originating Judge:Jeffrey F. Stewart, Chancellor |
Grundy County | Workers Compensation Panel | 08/11/00 | |
| Fred Petitt v. Associated General Contractors Self-
E1999-00367-WC-R3-CV
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. _ 5-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The appellant-insurance fund appealed the trial court's award of 35% disability to the body as a whole under T.C.A. _ 5-6-241(a)(2) after a reconsideration hearing. On appeal, appellant argues the award was improper because it was not established that the loss of employment was causally related to his injury and that the increased award was excessive. Judgment of the trial court is affirmed as recent ruling in Niziol v. Lockheed Martin Energy Systems, Inc. by the Supreme Court controls the reconsideration issue and award was reasonable and not excessive.
Authoring Judge: Thayer, Sp. J.
Originating Judge:W. Frank Brown III, Chancellor |
Knox County | Workers Compensation Panel | 08/11/00 | |
| State vs. Ronald Jerome Butler
M1999-01034-CCA-R3-CD
Ronald Jerome Butler was convicted by a jury in the Davidson County Criminal Court of one count of aggravated kidnapping and one count of aggravated robbery, both class B felonies. For the offense of aggravated kidnapping, the trial court sentenced the appellant as a Range I offender to ten years incarceration in the Tennessee Department of Correction, requiring him to serve one hundred percent of his sentence in confinement. For the offense of aggravated robbery, the trial court sentenced the appellant to ten years incarceration in the Tennessee Department of Correction, requiring him to serve thirty percent of his sentence in confinement. The trial court further ordered that the sentences be served consecutively. On appeal, the appellant raises the following issues for review: (1) whether his conviction of aggravated kidnapping violates principles of due process; and (2) whether the trial court erred in sentencing him. Upon review of the record and the parties' briefs, we affirm the judgments of the trial court.
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:Seth W. Norman |
Davidson County | Court of Criminal Appeals | 08/11/00 | |
| William P. Henderson, et al vs. Henry Clay Hart, Jr.
E1999-01446-COA-R3-CV
This appeal arises from an executory contract for the sale of real property. Henry Clay Hart, Jr., the Appellant, appeals the judgment from the Knox County Circuit Court in favor of William P. Henderson and Lillian R. Henderson, the Appellees. Mr. Hart raises the issues of whether the Trial Court had proper subject matter jurisdiction to hear the case and whether the Court erred in finding that the executory sales contract was no longer in effect. We affirm the judgment of the Trial Court and remand for such further proceedings as may be necessary consistent with this opinion. We adjudge costs of appeal against Henry Clay Hart, Jr. and his surety.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Harold Wimberly |
Knox County | Court of Appeals | 08/11/00 | |
| Massengill v. Liberty Mutual Ins. Co.
E1999-01180-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-employer appealed the trial court's ruling awarding appellee-employee 75 percent permanent disability benefits to his right arm. On appeal, appellant argues the award should have been fixed to the body as a whole since the injury was mainly to the employee's right shoulder. Judgment is modified to fix the award at 12 percent disability to the body as a whole as an injury to an extremity or shoulder is not a scheduled member.
Authoring Judge: Thayer, Sp. J.
Originating Judge:James B. Scott, Jr., Circuit Judge |
Knox County | Workers Compensation Panel | 08/11/00 | |
| James Meyers v. Continental Casualty Company
E1999-01593-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-employer appealed the trial court's ruling finding the appellee-employee was entitled to an award of permanent disability benefits at 6 percent to the left hand. On appeal, appellant argues the award should have been confined to a scheduled member, the left thumb. The employee insists the appeal is frivolous. Judgment of the trial court is affirmed as the injury to the left thumb causes an unusual and extraordinary condition affecting the hand. The appeal is not found to be frivolous.
Authoring Judge: Thayer, Sp. J.
Originating Judge:Howell N. Peoples, Chancellor |
Knox County | Workers Compensation Panel | 08/11/00 | |
| State vs. Frederick Gonzalez
M1999-00165-CCA-R3-CD
The Defendant appeals as of right from his conviction of simple possession of cocaine. He argues that the trial court erred in failing to suppress the evidence used to convict him because the evidence was the fruit of an unlawful seizure. We agree; accordingly, we reverse the Defendant's conviction and dismiss the case against him.
Authoring Judge: Judge David H. Welles
Originating Judge:Henry Denmark Bell |
Williamson County | Court of Criminal Appeals | 08/10/00 | |
| Tommy Ray Warren vs. State
M1999-1319-CCA-R3-PC
On April 12, 1993, the petitioner, Tommy Ray Warren, pled guilty in the Wayne County Circuit Court to two counts of first degree murder. The trial court imposed a life sentence for each count of murder and further ordered consecutive service of the life sentences. The petitioner subsequently filed a petition for post-conviction relief, alleging that his guilty pleas were not knowing and voluntary because he was not aware that his possible mental retardation could render him ineligible for the death penalty. The petitioner also alleged that trial counsel's failure to pursue a mental retardation hearing constituted ineffective assistance of counsel. The post-conviction court dismissed the petition, finding that the petitioner's pleas were knowing and voluntary and that the petitioner had received effective assistance of counsel. The petitioner now appeals the court's denial of relief. Following a review of the record and the parties' briefs, we affirm the judgment of the post-conviction court.
Originating Judge:Jim T. Hamilton |
Wayne County | Court of Criminal Appeals | 08/10/00 | |
| Judd's Inc. vs. Dors L. Muir, et al
E1999-01836-COA-R3-CV
In this appeal Doris and Allan Muir insist that the Chancellor was in error in not allowing their homestead exemption as to certain funds realized from the sale of real estate to satisfy a judgment previously entered against them. Their attorney, W. Richard Baker, Jr., insists that the Chancellor was in error in not enforcing a lien for his attorney fees that he claimed was properly perfected as to the same funds. We affirm.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Telford E. Forgerty, Jr. |
Cocke County | Court of Appeals | 08/10/00 | |
| State vs. Letivias Prince
M1998-00005-CCA-R3-CD
The defendant, Letivias Prince, was convicted of first degree murder and was sentenced to life imprisonment. On appeal, the defendant argues that the jury pool did not adequately represent the racial makeup of the community; that pre-trial publicity deprived him of a fair trial; that the trial court erred by permitting eight peremptory challenges in jury selection; that the trial court erred by allowing the state to either call a rebuttal witness or receive a missing witness instruction; that the trial court erred by instructing the jury regarding the order of consideration of offenses; and that the evidence was insufficient to sustain his conviction. The judgment of the trial court is affirmed.
Authoring Judge: Judge Jerry Smith
Originating Judge:Donald P. Harris |
Williamson County | Court of Criminal Appeals | 08/10/00 | |
| In Re: Estate of Bernie Riggs
W1999-01905-COA-R3-CV
This appeal arises from a dispute over the disposition of the assets of Bernie F. Riggs ("Husband"). Plaintiff Julia Mae Riggs ("Wife") filed suit, alleging that Defendant Campbell ("Daughter") had used undue influence and had improperly disposed of Husband's assets through a power of attorney. The trial court found in favor of Daughter, holding that all transactions were valid and in accordance with Husband's wishes. Wife appeals.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Lee Moore |
Dyer County | Court of Appeals | 08/10/00 | |
| Jerry Hardcastle v. State of Tennessee
M1999-00598-CCA-R3-PC
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:Jane W. Wheatcraft |
Sumner County | Court of Criminal Appeals | 08/10/00 | |
| State vs. Anthony David Tapp
M1999-00414-CCA-R3-CD
The defendant, Anthony David Tapp, was convicted of vehicular homicide as a result of intoxication. The trial court imposed a Range I sentence of 10 years. In this appeal of right, the defendant contends that the trial court erred by allowing into evidence pretrial statements which had been made by him but which had not been provided by the state in advance of the trial. The judgment is affirmed. Instructions by the defendant to witnesses of an accident not to speak to police did not qualify as discoverable material within the terms of Rule 16 of the Tennessee Rules of Criminal Procedure. In consequence, the defendant is not entitled to a new trial.
Authoring Judge: Judge Gary R Wade
Originating Judge:James K. Clayton, Jr. |
Rutherford County | Court of Criminal Appeals | 08/10/00 | |
| LeCroy-Schemel vs. John Cupp, Sheriff
E2000-00024-COA-R3-CV
An attorney was found in contempt by the Chattanooga City Court Judge during proceedings relating to the attorney's client's conviction for violation of a municipal ordinance. The Judge ordered a ten-day jail sentence for the attorney, who was taken into custody and locked in a holding cell. The attorney was able to secure a writ of habeas corpus from the Hamilton County Criminal Court. After the attorney was released, the City Court Judge filed an Order to Appear and Show Cause why the attorney should not be jailed for contempt. The Criminal Court held a hearing at which it heard testimony of the attorney and another witness, and found that the City Court had exceeded its statutory authority by confining the attorney for contempt, that the City Court had not followed procedural requirements for punishing contempt, declared a section of the Chattanooga City Charter null and void, and dismissed the City Court's Order to Appear and Show Cause. The City of Chattanooga appealed the orders of the Criminal Court. We affirm the actions of the Criminal Court relating to the writ of habeas corpus, affirm the finding that the City Court was without authority to punish criminal contempt by confinement or fine in excess of ten dollars, and modify the judgment to reflect the holding of this Court in Poole v. City of Chattanooga.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Douglas A. Meyer |
Hamilton County | Court of Appeals | 08/10/00 | |
| State vs. James Ellison Rouse
M1999-01807-CCA-R3-CD
The defendant was convicted of two counts of first degree murder and two counts of attempted first degree murder as the result of a shooting spree at Richland High School. The defendant, then seventeen, was tried and convicted as an adult, and sentenced to two consecutive life without the possibility of parole terms plus fifty years. The additional fifty-year term is modified to forty-two years. We affirm the two consecutive life without the possibility of parole terms holding that if a jury unanimously finds the existence of at least one aggravating circumstance beyond a reasonable doubt, then in its considered discretion, the jury may sentence the defendant to either life imprisonment or life without the possibility of parole absent a showing of "gross abuse of discretion."
Authoring Judge: Judge John Everett Williams
Originating Judge:Jim Travis Hamilton |
Maury County | Court of Criminal Appeals | 08/10/00 | |
| State vs. Kevin Washington
W2000-02736-CCA-R3-PC
The Appellant, Kevin Washington, appeals from the dismissal of his petition for post-conviction relief by the Madison County Circuit Court. On appeal, the Appellant contends that trial counsel never informed him that his "packaged" plea agreement included a plea of guilty to Class C theft of property and, therefore, his plea was involuntarily entered. We find this contention 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.
Authoring Judge: Judge David G. Hayes
|
Madison County | Court of Criminal Appeals | 08/10/00 | |
| State vs. Cecil L. Groomes, et al
M1998-00122-CCA-R3-CD
The defendants were convicted in Williamson County of especially aggravated robbery from an incident occurring at the Cool Springs Mall. Defendant Akins was sentenced to twenty years and fined $1,000, while defendant Groomes was sentenced to twenty-two years and fined $4,000. Both timely appealed, raising as issues whether Akins should have been transferred from juvenile court and tried as an adult, whether the prosecutor improperly excused a potential juror and made prejudicial statements in closing argument, whether the court properly instructed the jury, whether the evidence was sufficient, whether the victim's family and friends had improper contact with the jurors, and whether the defendants received appropriate sentences. Based upon our review, we affirm the judgments of the trial court.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Donald P. Harris |
Williamson County | Court of Criminal Appeals | 08/10/00 | |
| State vs. David B. Gardner
M1999-02337-CCA-R3-CD
The Defendant was indicted for seven counts of forgery. He was subsequently tried by a Robertson County jury and found guilty of all counts, and the trial court sentenced him as a career offender to an effective sentence of twenty-four years. In this appeal as of right, the Defendant argues that the trial court erred by concluding that the evidence establishing venue was sufficient to support his convictions and by sentencing him improperly. We hold that the State carried its burden of proving venue by a preponderance of the evidence and that the trial court properly sentenced the Defendant. Accordingly, we affirm the conviction.
Authoring Judge: Judge David H. Welles
Originating Judge:John H. Gasaway, III |
Robertson County | Court of Criminal Appeals | 08/10/00 | |
| Willie Perry v. Cold Creek Correctional Facility Disciplinary Board, et al.
M1999-01898-COA-R3-CV
This case arises from the decision of the Cold Creek Correctional Facility Disciplinary Board finding the Appellant guilty of attempting to intimidate an employee and being under the influence of alcohol. The Appellant filed a Petition for Common Law and Statutory Writ of Certiorari with the Chancery Court of Davidson County challenging the Disciplinary Board's decision. The trial court affirmed the decision of the Board and dismissed the Appellant's claim.
Authoring Judge: Judge Alan E. Highers
Originating Judge:Chancellor Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 08/09/00 | |
| South Central Tennessee Railroad Authority, et al., v. Andre Harakas, et al.
M1999-00567-COA -R3-CV
Plaintiffs, the owner and lessee of property on which a railroad track was located, obtained a temporary injunction prohibiting Defendants, owners of adjacent property, from building a house on what Plaintiffs alleged was their right-of-way. After Defendants presented evidence that Plaintiffs possessed only an easement as needed for railroad operations, rather than a right of-way, the court dissolved the temporary injunction and denied a permanent injunction. Defendants then filed a motion to assess damages and enforce liability of surety on injunction bond pursuant to Tenn.R. Civ. P. 65.05, seeking recovery for the losses resulting from the issuance of the temporary injunction. Defendants appeal the trial court's denial of their motion. We reverse. Tenn. R. App. P. 13 Appeal as of Right; Judgment of the Chancery Court Reversed and Remanded.
Authoring Judge: Judge Patricia J. Cottrell
Originating Judge:Chancellor Donald P. Harris |
Hickman County | Court of Appeals | 08/09/00 | |
| JoeTrammell and Karen Trammell v. George W. Pope, Jr., Individually and d/b/a Achieva Homes
M1999-00886-COA-R3-CV
This appeal arises out of a default judgment rendered against the Appellant. The underlying cause of action was for the breach of a construction contract. After the Appellant did not answer the complaint or otherwise defend the action, the Chancery Court of Williamson County granted the plaintiffs’ motion for default and entered judgment accordingly. A subsequent damage hearing was held at which the Appellant did not appear. The Appellees obtained a judgment for $918,073.15. The Appellant filed an application to set aside the default judgment which was denied by the trial court.
Authoring Judge: Judge Alan E. Highers
Originating Judge:Chancelor Russ Heldman |
Franklin County | Court of Appeals | 08/09/00 | |
| Dickson County, Tennessee, v. H. Clyde Jennette, et al.
M1999-00054-COA-R3-CV
This case involves the use of certain property in Dickson County in light of a 1988 zoning ordinance which provides that mining and quarrying on this property are permitted as a special exception only. When the county attempted to enjoin the property owners from mining or quarrying their property, the property owners argued that their property was being used as a quarrying operation prior to October 1988 when the city passed the zoning ordinance. Thus, it is the property owners' position that their quarrying operation constitutes a pre-existing nonconforming use and may continue pursuant to both the Dickson County zoning ordinance and Tennessee Code Annotated section 13-7-208(b). In addition, the county enjoined the property owners from hauling rock in violation of a fifteen-ton weight limit on local roads. The property owners argued below that the enforcement of this local rule against them constitutes selective enforcement. The trial court found that the property owners had failed to show a nonconforming use, and it dismissed their claim for selective enforcement. On appeal, we find that the trial court was correct in its conclusion that the property owners' operation was not a nonconforming use at the time of the adoption of the zoning ordinance. In light of that finding, the temporary injunction regarding the fifteen-ton weight limit is dissolved, and the selective enforcement issue does not need to be addressed.
Authoring Judge: Judge William B. Cain
Originating Judge:Judge Allen W. Wallace |
Dickson County | Court of Appeals | 08/09/00 |