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| Timothy P. Hancock, et al vs. The Chattanooga- Hamilton Cty Hospital Authority , d/b/a T.C. Thompson Children's Hospital, et al
E1999-00169-COA-R9-CV
The issues in this medical malpractice case turn on whether the holding of the Supreme Court in the case of Jordan vs. Baptist Three Rivers Hospital, 984 S.W.2d 593 (Tenn. 1999) applies to the facts now before us. Because the cause of action in the instant case accrued prior to the release of the Supreme Court's opinion in Jordan, we conclude that the holding in that case cannot be retrospectively applied to the instant case. Accordingly, we affirm the trial court's judgment dismissing that portion of the amended complaint seeking loss of consortium damages.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Samuel H. Payne |
Hamilton County | Court of Appeals | 07/27/00 | |
| The Shelby Ins. Co. and The Anthem Cas.Ins. Group vs. Henry Mathes , Joann Mathes and Jerry Stewart
E2000-00186-COA-R3-CV
In this declaratory judgment action the insurance company sought a declaration that an incident giving rise to a suit by Stewart against the insurance company's insured Mathes, was not covered due to an exclusion in the policy. The Trial Judge ruled the exclusion did not apply, and the insurance company appealed. We affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Jean A. Stanley |
Washington County | Court of Appeals | 07/27/00 | |
| Wyatt vs. State
E1998-00097-SC-R11-CO
This is an appeal from the judgment of the Bledsoe County Criminal Court, which denied the defendant's petition for habeas corpus relief. The Court of Criminal Appeals affirmed the trial court's denial of the petition, rejecting the defendant's argument that his original indictment, which charged attempted first-degree murder by an "attempt to kill," was insufficient for failing to allege an overt act and thus failed to confer jurisdiction on the trial court. We granted the defendant's application for permission to appeal. We hold that the indictment in this case sufficiently alleges an act as required by the criminal attempt statute in stating that the defendant "did . . . attempt to kill" and that habeas corpus relief was thus properly denied. Accordingly, we affirm the lower courts' judgments.
Authoring Judge: Justice E. Riley Anderson
Originating Judge:Thomas W. Graham |
Bledsoe County | Supreme Court | 07/27/00 | |
| Roane County, TN vs. Christmas Lumber Co.
E1999-00370-COA-R9-CV
This is a condemnation case. The trial court entered an order finding that Roane County ("the County") has the right to condemn the respondents' property for use as an industrial park. We granted the respondents' application for an interlocutory appeal to review the trial court's determination that the County has the right to condemn the subject property. Finding that the County's petition is legally deficient, we vacate the trial court's order and remand for further proceedings.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Russell E. Simmons, Jr. |
Roane County | Court of Appeals | 07/27/00 | |
| Monceret vs. The Board of Professional Responsibility
E1999-00545-SC-R3-CV
This is an appeal from the Knox County Chancery Court, which affirmed a hearing panel's ruling that the appellant violated Tenn. R. Sup. Ct. 8, DR 7-104(A)(1) by deposing a witness that he knew to be represented by counsel. We hold that the chancery court correctly determined that the term "party" used in DR 7-104(A)(1) is not limited to the named plaintiff or defendant in a lawsuit and may also include a witness who is represented by counsel. We further hold that the protection of the Rule cannot be waived by the party but only by the party's lawyer. Accordingly, we affirm the judgment.
Authoring Judge: Justice E. Riley Anderson
Originating Judge:Irvin H. Kilcrease, Jr. |
Knox County | Supreme Court | 07/27/00 | |
| Shirley B. Rodgers v. Guys & Gals, Inc.,
M1999-01538-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:Tom E. Gray, Chancellor |
Sumner County | Workers Compensation Panel | 07/27/00 | |
| Boles vs. TN Farmers Mutual Ins. Co.
M1999-00727-COA-R3-CV
In this action for breach of insurance contract, Plaintiffs Dorothy Calatrello Boles and her husband, Marty Boles, appeal the trial court's final judgment dismissing their complaint against Defendants/Appellees Tennessee Farmers Mutual Insurance Company and Lee Brooks, individually and as agent for Tennessee Farmers. Contrary to the trial court's ruling, we conclude that the Plaintiffs adequately complied with the service of process requirements set forth in rule 4.04 of the Tennessee Rules of Civil Procedure. Accordingly, we reverse the trial court's judgment of dismissal, and we remand this cause for further proceedings consistent with this opinion.
Authoring Judge: Judge David R. Farmer
Originating Judge:John W. Rollins |
Coffee County | Court of Appeals | 07/27/00 | |
| Blake Industries, Inc. vs. General Agents Ins. Co. of America
M1999-01891-COA-R3-CV
In this declaratory judgment action, the appellant has appealed to the Court from the order of dismissal entered in the trial court. Specifically, the trial court found that the insurance contract between the plaintiff/appellant and the defendant/appellee, a commercial insurance company, excluded from coverage liability for damage sustained as a result of the plaintiff/appellant's workmanship. For the reasons stated herein, we affirm the trial court's order.
Authoring Judge: Judge David R. Farmer
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 07/27/00 | |
| Alfred Dowdy v. Willie Joe Alexander,
W1999-00222-COA-R10-CV
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Walter L. Evans |
Shelby County | Court of Appeals | 07/27/00 | |
| State vs. Lawrence Sherrill
W1999-01488-CCA-R3-CD
This appeal results from the defendant's conviction by a Carroll County jury for introducing contraband into a penal institution. He was sentenced to six years incarceration and fined $2,500. On appeal, the defendant asserts that the trial court erred in not granting his motion for a new trial based on the lack of evidence to corroborate the testimony of his accomplice required for a conviction. After careful review of the record, we affirm the judgment of the trial court.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:C. Creed Mcginley |
Carroll County | Court of Criminal Appeals | 07/27/00 | |
| Michael A. Rhodes vs. State
M2000-00369-CCA-R3-PC
This is an appeal arising from the summary dismissal of a petition for post-conviction relief. The trial court's dismissal was based upon the failure to file the petition within the one-year statute of limitations. Upon review of the record, we reverse and remand for further proceedings since the petition was filed within one year of the date of the final action of the Tennessee Supreme Court in the direct appeal.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:James K. Clayton, Jr. |
Rutherford County | Court of Criminal Appeals | 07/27/00 | |
| State vs. Ralph Dewayne Moore
E1999-02743-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Originating Judge:E. Eugene Eblen |
Roane County | Court of Criminal Appeals | 07/26/00 | |
| Joseph Lebron Derrick vs. State
E1999-02646-CCA-R3-PC
The Defendant was convicted by a Hamilton County jury of second degree murder and was sentenced to twenty-years incarceration. On direct appeal, this Court affirmed his conviction and sentence, and the Tennessee Supreme Court denied permission to appeal. The Defendant subsequently filed a post-conviction petition, alleging that he was denied his right to effective assistance of counsel and his right to a fair trial. The post-conviction court denied post-conviction relief. We conclude that the Defendant was denied neither his right to effective assistance of counsel at trial nor his right to a fair trial. Accordingly, we affirm the judgment of trial court denying post-conviction relief.
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Stephen M. Bevil |
Hamilton County | Court of Criminal Appeals | 07/26/00 | |
| State vs. John Clark Garrison
E1999-00121-CCA-R3-CD
On August 3, 1992, the defendant pled guilty to two counts of theft under Tennessee Code Annotated sections 39-14-103, -105(4). The defendant was sentenced to two consecutive nine-year sentences and ordered to pay restitution in the amount of $51,000. On June 8, 1999, the defendant filed a Motion to Correct Illegal Sentence. It was denied. In this appeal, the defendant contends that 1) the trial court erred in its finding that the defendant's sentence of incarceration and restitution was legal as a matter of law; and 2) the trial court erred by finding that the defendant knowingly and voluntarily entered into a plea agreement involving an illegal sentence. After a careful review, we find no merit in these issues, and find that the defendant's sentence is legal. The defendant's sentence of incarceration and the court's imposition of restitution is affirmed.
Authoring Judge: Judge John Everett Williams
Originating Judge:Lynn W. Brown |
Knox County | Court of Criminal Appeals | 07/26/00 | |
| State vs. Gary Anthony Burns
E1999-02610-CCA-R3-CD
The Defendant, Gary Anthony Burns, pleaded guilty to two counts of theft over $500.00. The trial court sentenced the Defendant as a Range I standard offender to two years on each theft count and ordered the sentences to be served concurrently. The trial court then suspended the two-year sentence and ordered the Defendant to be placed on six years probation after service of ninety days in the Sullivan County jail, day for day. The Defendant now appeals, arguing that the trial court unlawfully denied him alternative sentencing. We conclude that the Defendant's sentence is proper and therefore affirm the judgment of the trial court.
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Phyllis H. Miller |
Sullivan County | Court of Criminal Appeals | 07/26/00 | |
| State vs. Doyle Stevens
E1999-02097-CCA-R3-CD
In July 1999, the defendant entered a plea of nolo contendre on two counts of vehicular homicide and one count of aggravated assault. The defendant contends that the trial court erred by not granting judicial diversion. We conclude that the defendant was not a "qualified defendant" for judicial diversion. His 1992 conviction for driving while under the influence of an intoxicant qualifies as a Class A misdemeanor, and therefore he is not "qualified" for judicial diversion. Accordingly, we affirm the judgment of the trial court.
Authoring Judge: Judge John Everett Williams
|
Blount County | Court of Criminal Appeals | 07/26/00 | |
| M1999-00299-SC-OT-RL
M1999-00299-SC-OT-RL
|
Supreme Court | 07/26/00 | ||
| State vs. Allen Bowers, Jr.
E1999-00882-CCA-R3-CD
A Bledsoe County jury convicted the Defendant of rape of a child, and the trial court sentenced the Defendant to eighteen years in the Tennessee Department of Correction. The Defendant now appeals, arguing (1) that his conviction should be reversed because a prospective juror for this case stated in the presence of other prospective jurors that he had been a prospective juror in a previous criminal case in which the Defendant was on trial; (2) that the trial court erred by not ordering a new trial for the Defendant based on a letter that the Defendant's mother received from the victim subsequent to the Defendant's trial in which the victim stated that "nothing happened" between the Defendant and the victim; (3) that the trial court erred by not granting the Defendant a new trial based on evidence presented during the hearing on the Defendant's motion for new trial that a document introduced into evidence at trial as a filed divorce complaint had actually not been filed and contained prejudicial and improper statements about the Defendant; (4) that the State, during its closing argument, improperly mentioned facts not in the record; (5) that the trial court erroneously instructed the jury concerning a "deadlock" in a supplemental instruction; and (6) that the trial court erred by giving the jury the dictionary definition of "captious" and by sending the definition in writing to the jury room without reading it to the jury. After a thorough review of the record, we find no reversible error and therefore affirm the judgment of the trial court.
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Thomas W. Graham |
Bledsoe County | Court of Criminal Appeals | 07/26/00 | |
| State vs. Robert Wayman
E1999-02042-CCA-R3-CD
The defendant pled guilty to reckless vehicular homicide, simple possession of marijuana, and sale of a Schedule VI controlled substance. The trial court sentenced the defendant to four years incarceration in the Tennessee Department of Correction (DOC), and the defendant appeals from this sentence, requesting probation. We affirm the sentence of incarceration from the trial court.
Authoring Judge: Judge John Everett Williams
Originating Judge:E. Eugene Eblen |
Loudon County | Court of Criminal Appeals | 07/26/00 | |
| M1999-00299-SC-OT-RL
M1999-00299-SC-OT-RL
|
Supreme Court | 07/26/00 | ||
| Tatum Carter v. Wal-Mart Stores, Inc.
M1999-01520-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. As discussed below, the panel has concluded the judgment of the trial court granting the appellee summary judgment should be reversed.
Authoring Judge: Kurtz, Walter C., Sp. J.
Originating Judge:Hon. Don R. Ash, Judge |
Carter County | Workers Compensation Panel | 07/26/00 | |
| State vs. Robert Bentley Miller
E1999-00970-CCA-R3-CD
The Defendant, pursuant to a plea agreement, pleaded guilty as a Range II multiple offender to two counts of facilitation of the sale of a Schedule IV drug (a Class E felony) and three counts of facilitation of the sale of a Schedule VI drug (a Class A misdemeanor). The Defendant received sentences of three years for each of the felonies and eleven months, twenty-nine days for each of the misdemeanors. All five sentences were to be served concurrently, for an effective sentence of three years. The manner of service of the sentence was not part of the plea agreement but was to be decided by the trial court after a sentencing hearing. At the sentencing hearing, the trial court determined that the sentence should be served in the Department of Correction. In this appeal, the Defendant argues that he was wrongfully denied probation or alternative sentencing. Finding no merit to the Defendant's argument, we affirm the ruling of the trial court.
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:R. Jerry Beck |
Sullivan County | Court of Criminal Appeals | 07/26/00 | |
| State vs. William Blaine Campbell
E1999-02208-CCA-R3-CD
The defendant appeals the sentence imposed for the offense of furnishing alcohol to a minor. The defendant contends that he should have been granted judicial diversion and full probation. We affirm the trial court.
Authoring Judge: Presiding Judge Joseph M. Tipton
Originating Judge:Lynn W. Brown |
Washington County | Court of Criminal Appeals | 07/26/00 | |
| Morgan Lewis Ray vs. State
M1999-00531-CCA-R3-CD
Morgan Lewis Ray appeals his conviction by a jury in the Bedford County Circuit Court of one count of driving under the influence, fifth offense, a class A misdemeanor, and one count of driving on a revoked license, second or subsequent offense, a class A misdemeanor. The trial court imposed a sentence of eleven months and twenty-nine days incarceration in the Bedford County Jail for driving under the influence, requiring service of one hundred percent of the sentence. The trial court also imposed a sentence of eleven months and twenty-nine days incarceration for driving on a revoked license, requiring service of seventy-five percent of the sentence. On appeal, the appellant presents the following issue for review: whether the evidence produced at trial was sufficient to support both convictions. Following a review of the record and parties' briefs, we affirm the judgment of the trial court.
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:W. Charles Lee |
Bedford County | Court of Criminal Appeals | 07/25/00 | |
| State vs. Marilyn Skaggs
M1999-00428-CCA-R3-CD
The Defendant pleaded guilty to one count of aggravated burglary, one count of theft, and three counts of forgery. The Defendant was sentenced to serve sixty days in jail followed by six years of supervised probation. Subsequently, the Defendant's probation officer alleged that the Defendant violated the terms of her probation for numerous reasons. Following a hearing, the Defendant's probation was revoked. The Defendant now argues the following: (1) that the trial court erred in admitting as an exhibit a computer printout of summary notes, (2) that the trial court erred in admitting as an exhibit a faxed copy of an affidavit in lieu of the actual affidavit, and (3) that the court erred in revoking the Defendant's probation. After a review of the record and applicable law, we find no merit to the Defendant's contentions and thus affirm the judgment of the trial court.
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Stella L. Hargrove |
Wayne County | Court of Criminal Appeals | 07/25/00 |