APPELLATE COURT OPINIONS

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Stanley Powell vs. State

01C01-9804-CC-00169

Originating Judge:William B. Cain
Giles County Court of Criminal Appeals 05/21/99
State vs. Richard M. & Edith L. Parrott

03C01-9709-CR-00408

Originating Judge:Edgar P. Calhoun
Sullivan County Court of Criminal Appeals 05/21/99
State vs. Mason Thomas Wilbanks and Steve A. Williams

01C01-9804-CR-00184

Originating Judge:Jane W. Wheatcraft
Sumner County Court of Criminal Appeals 05/21/99
Winfree vs. Winfree

01A01-9805-CH-00264

Originating Judge:Charles D. Haston, Sr.
Warren County Court of Appeals 05/21/99
State vs. Frankie Lee Lunsford

03C01-9804-CR-00152

Originating Judge:R. Jerry Beck
Sullivan County Court of Criminal Appeals 05/21/99
State vs. George Matthews

01C01-9805-CR-00234

Originating Judge:Jane W. Wheatcraft
Sumner County Court of Criminal Appeals 05/21/99
Harvey vs. Ford Motor Credit

03A01-9807-CV-00235
Court of Appeals 05/21/99
Harjes vs. Russell

03A01-9810-CH-00321
Hamilton County Court of Appeals 05/21/99
Creswell vs. Creswell

03A01-9804-CH-00151
Court of Appeals 05/21/99
Nancy Knight vs. Henry Knight

02A01-9804-CH-00094
Carroll County Court of Appeals 05/21/99
Pait vs. City of Gatlinburg

03A01-9808-CH-00274
Court of Appeals 05/21/99
Haynes vs. Harris

01A01-9810-CV-00518
Hickman County Court of Appeals 05/21/99
Debyl vs. Graham

03A01-9901-GS-00015
Court of Appeals 05/21/99
State vs. Brian Faulkens

02C01-9809-CR-00283

Originating Judge:Carolyn Wade Blackett
Shelby County Court of Criminal Appeals 05/20/99
State vs. Robert Crisp

02C01-9810-CC-00311

Originating Judge:Jon Kerry Blackwood
Hardeman County Court of Criminal Appeals 05/20/99
State vs. Ronald McCray

02C01-9809-CC-00292
Fayette County Court of Criminal Appeals 05/20/99
Carden v. Roane Co.

03S01-9712-CH-00151
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 plaintiff was injured in July 1993 while driving a truck during the course and within the scope of his job. The occurrence of the accident is not questioned; neither does the defendant question that the plaintiff suffered a back injury as a result of the accident. The plaintiff continued his employment with intermittent medical treatment for his back complaints. On September 1, 1995, at his residence, he stooped to pick up an object and suffered another onset of pain. The complaint was filed November 2, 1995, alleging the occurrence of the traffic accident (as a result of which periodic payments of compensation were made to the plaintiff through November 15, 1995), and subsequent physical impairment. The thrust of the defense is directed to the incident of September 3, 1995, when the plaintiff allegedly suffered the non-job-related accident at home, from which his present impairment is derived. The Chancellor found a 4 percent impairment, holding that the incident at his residence was not an intervening cause, but was merely a manifestation of problems which began in 1993. The issue is whether the evidence preponderates against the finding of the Chancellor.1 1The appellant states that the Chancellor found that "the injury sustained by the plaintiff while working at home in 1995 was causally related to a work-related injury the plaintiff had suffered two years previously." As observed, the Chancellor referred to the September 1995 event as a non-intervening incident which was merely a natural progression of the plaintiff's back problems. 2
Authoring Judge: William H. Inman, Senior Judge
Originating Judge:Hon. Frank V. Williams, III,
Knox County Workers Compensation Panel 05/20/99
State vs. Thomas Lewis

02C01-9707-CR-00254

Originating Judge:Joseph B. Dailey
Shelby County Court of Criminal Appeals 05/20/99
State vs. Chris Eugene Etters

03C01-9801-CC-00034

Originating Judge:Phyllis H. Miller
Sullivan County Court of Criminal Appeals 05/20/99
Seymour Hayes, III. vs. State

03C01-9902-CR-00066
Hamilton County Court of Criminal Appeals 05/20/99
State vs. Eddie Pittman

W2000-01582-CCA-R3-CD
The defendant appeals his convictions for attempted second degree murder and felony possession of a weapon, arguing that he was denied his right to a unanimous jury verdict by the trial court's failure to require the prosecution to make an election of facts supporting the attempted murder. After a thorough review of the record, we conclude that neither an election nor enhanced unanimity instruction was required. Thus, we affirm the judgment of the trial court.
Authoring Judge: Judge Joe G. Riley
Originating Judge:Roger A. Page
Madison County Court of Criminal Appeals 05/20/99
Bethany Christian Services vs. Jackson

03A01-9810-JV-00345
Court of Appeals 05/19/99
Lee P. Fite, Individually and Derivatively on behalf of H & M Construction Co., Inc. v. Richard L. Fite, C. David Fite, Larry P. Becker, et al

02A01-9710-CH-00266

This case involves allegations of breach of fiduciary duty, fraud in the inducement of a contract, and violation of the Tennessee Securities Act. The plaintiff asserts that the defendants, his two brothers who are majority shareholders in the family corporation, the corporation, as an alter ego or veil of the majority shareholders, and an officer and director of the corporation, used fraudulent expense and contract-kickback schemes to lower the book value of the corporation’s stock when plaintiff executed an option to sell agreement. The trial court granted summary judgment to the defendants. We reverse and remand.

Authoring Judge: Judge Holly Kirby Lillard
Originating Judge:Chancellor Joe C. Morris
Madison County Court of Appeals 05/19/99
Jonathan Stephenson vs. State

03C01-9807-CR-00255

Originating Judge:Lynn W. Brown
Johnson County Court of Criminal Appeals 05/19/99
Bobby Allen Joyner vs. State

03C01-9807-CR-00260

Originating Judge:Lynn W. Brown
Sullivan County Court of Criminal Appeals 05/19/99