APPELLATE COURT OPINIONS

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Schleicher vs. Founders Security Life Ins. Co.

01A01-9711-CV-00649

Originating Judge:Robert L. Jones
Maury County Court of Appeals 02/11/99
In the matter of: Kristalena Kay Smith et al

01A01-9711-JV-00662

Originating Judge:Gary W. Dodson
White County Court of Appeals 02/11/99
03C01-9709-CC-00434

03C01-9709-CC-00434

Originating Judge:Richard R. Vance
Sevier County Court of Criminal Appeals 02/11/99
State vs. Graves

03C01-9803-CC-00090

Originating Judge:Richard R. Vance
Jefferson County Court of Criminal Appeals 02/11/99
State vs. CarlosHayes

02C01-9712-CR-00483
Shelby County Court of Criminal Appeals 02/11/99
State vs. Jeff Warfield

01C01-9711-CC-00504
Maury County Court of Criminal Appeals 02/10/99
03C01-9804-CC-00145

03C01-9804-CC-00145

Originating Judge:D. Kelly Thomas, Jr.
Blount County Court of Criminal Appeals 02/10/99
Worth vs. Cumberland Mt. Property Owners

03A01-9709-CV-00442

Originating Judge:John J. Maddux
Cumberland County Court of Appeals 02/10/99
State vs. Delores Smith & David Robinson

01C01-9609-CR-00412
Putnam County Court of Criminal Appeals 02/10/99
Ricky Brown vs. State

01C01-9708-CR-00363

Originating Judge:Ann Lacy Johns
Davidson County Court of Criminal Appeals 02/10/99
State vs. Keffer

03C01-9709-CC-00413
Sevier County Court of Criminal Appeals 02/10/99
State vs. Zip Gillespie

02C01-9703-CR-00088
Shelby County Court of Criminal Appeals 02/10/99
State vs. Jeffery Holder

01C01-9801-CC-00044
Lincoln County Court of Criminal Appeals 02/10/99
D.D. Roberts, D/B/A Roberts Construction Co., et al. v.Tommy Yarbrough, et al., Thomas Lumber Co., Inc. v. Naran Patel, et al., and Tommy Yarbrough, et al.

01A01-9802-CH-00096

Two subcontractors recovered judgments for work done on a construction project in Clarksville. On appeal the general contractor and the surety on his bond allege that the appellees were not licensed contractors and that neither complied with the notice of nonpayment statute. In addition, the appellant disputes the trial court’s version of the proof and the award of prejudgment interest. We affirm the trial court.

Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Chancellor Carol A. Catalano
Montgomery County Court of Appeals 02/10/99
State vs. Jackie Ozier

W1999-01478-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Originating Judge:Roy B. Morgan, Jr.
Madison County Court of Criminal Appeals 02/10/99
State vs. David Keen

02C01-9709-CR-00365

Originating Judge:John P. Colton, Jr.
Shelby County Court of Criminal Appeals 02/10/99
Pamela L. Schenk, v. Raymond F. Lane

01A01-9804-CV-00190

Defendant Raymond D. Lane appeals a jury verdict awarding $297,000.00 to Plaintiff Pamela L. Schenk for injuries sustained as a result of an automobile accident occurring between Lane and Schenk. For the reasons set forth below, we affirm in all respects.

Authoring Judge: Judge David R. Farmer
Originating Judge:Judge Bobby H. Capers
Wilson County Court of Appeals 02/09/99
State of Tennessee vs. Mark Crites

01C01-9711-CR-00512

Mark Crites appeals from the revocation of his community corrections sentence. He challenges both the propriety of that revocation and his resentencing, arguing that: (1) the trial court abused its discretion in revoking his community corrections sentence; (2) the trial court misapplied certain enhancement factors and that his sentences are, therefore, excessive; and (3) the trial court erred in ordering consecutive sentencing. After careful review of the record and arguments of counsel, we conclude the trial court relied upon improper evidence in revoking the community corrections sentence. We remand for another revocation hearing.

Authoring Judge: Senior Judge L. T. Lafferty
Originating Judge:Judge Jane W. Wheatcraft
Sumner County Court of Criminal Appeals 02/09/99
State of Tennessee vs. Roy D. Nelson, Jr.

03C01-9710-CR-00454

The defendant, Roy D. Nelson, stands convicted of burglary, aggravated burglary, aggravated arson and possession of marijuana as a result of his efforts to blow up his ex-wife's home. Nelson received his convictions at the conclusion of a jury trial in the Washington County Criminal Court. A Range III offender, Nelson is presently serving an effective 62-year sentence in the Department of Correction for his crimes.1 In this direct appeal, Nelson claims he was improperly convicted of aggravated arson because he, rather than another person, suffered the serious bodily injury relied upon to elevate the offense from arson to aggravated arson. Having reviewed the appellate record, the arguments of the parties and the applicable law, we affirm the judgment of the trial court.

Authoring Judge: Judge James Curwood Witt, Jr.
Originating Judge:Judge Lynn W. Brown
Washington County Court of Criminal Appeals 02/09/99
Gordon Carroll and Ora Hall, v. John W. Belcher and Frankie Belcher

01A01-9802-CH-00106

This appeal involves an easement for ingress and egress. The defendants, John and Frankie Belcher (Belcher), appeal the decision of the trial court granting the plaintiffs, Gordon Carroll (Carroll) and Ora Hall (Hall), the right to widen an easement running over their property.

Authoring Judge: Presiding Judge W. Frank Crawford
Originating Judge:Chancellor C. K. Smith
Wilson County Court of Appeals 02/09/99
State of Tennessee vs. Roy D. Nelson, Jr.

03C01-9710-CR-00454

The defendant, Roy D. Nelson, stands convicted of burglary, aggravated burglary, aggravated arson and possession of marijuana as a result of his efforts to blow up his ex-wife's home. Nelson received his convictions at the conclusion of a jury trial in the Washington County Criminal Court. A Range III offender, Nelson is presently serving an effective 62-year sentence in the Department of Correction for his crimes. In this direct appeal, Nelson claims he was improperly convicted of aggravated arson because he, rather than another person, suffered the serious bodily injury relied upon to elevate the offense from arson to aggravated arson. Having reviewed the appellate record, the arguments of the parties and the applicable law, we affirm the judgment of the trial court.

Authoring Judge: Judge James Curwood Witt
Originating Judge:Judge Lynn W. Brown
Washington County Court of Criminal Appeals 02/09/99
Daniel B. Taylor v. State of Tennessee, John Doe, State Coordinator of Elections, Ms. Bobbie White, Shelby County Registrar of Voters; and Charles W. Burson, Atty General

01A01-9707-CH-00338

The only question presented in this complaint is whether a law making all felonies infamous crimes can, upon conviction, be applied to crimes committed before the date of the act. The Chancery Court of Davidson County dismissed the plaintiff’s request for a declaratory judgment. We affirm.
 

Authoring Judge: Presiding Judge Ben H. Cantrell
Originating Judge:Chancellor Carol L. McCoy
Shelby County Court of Appeals 02/09/99
Peggy Wilson v. United Parcel Service, Inc. Ohio, et al

02S01-9807-CV-00064
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 trial court found that the plaintiff, Peggy Wilson, sustained an injury resulting in a 16 percent permanent partial disability to the body as a whole. The court also ruled all medical bills and charges associated with the treatment of Dr. Rizk be paid by the defendants and that the plaintiff was entitled to temporary total benefits from September 25, 1997 to November 24, 1997, which had not been paid by the defendants. The defendants present issues attacking the judgment of the trial court on these three findings. We will first summarize the evidence. The plaintiff testified she was 51 years of age at the time of trial. She attended high school, but did not graduate and did not obtain a GED. Her employment history prior to working for United Parcel Service was manual, unskilled labor. She had worked for United Parcel Service as a package delivery driver for the past 22 years. Her employment requires her to lift packages weighing up to 7 pounds. The plaintiff testified that on July 23, 1997, when she lifted a 62-pound box, her left arm and hand went numb, causing her to lose grip. This jerked her back, causing pain in the back. She testified the pain in her back worsened and she notified her employer. She was told to go to Med Emergency where she saw Dr. Zanone. Dr. Zanone sent her to Dr. Varner, an orthopedic surgeon. She testified Dr. Varner ordered a nerve block which was done by Dr. Kraus. This helped her for a few days, but within one and one-half weeks the pain was as severe as ever. Dr. Varner sent her back to work on September 8, 1997, but the pain in her back was so severe she was not able to do the work. Her employer returned her to Dr. Varner who told her there was nothing else he could do for her. He advised her to go back to work or get another job. Since she was unable to do the work, she contacted the employer's insurance carrier who told her to see Dr. Kellett, a neurosurgeon. Dr. Kellett gave her liquid cortisone 2
Authoring Judge: F. Lloyd Tatum, Special Judge
Originating Judge:Hon. John R. Mccarroll, Jr., Judge
Wilson County Workers Compensation Panel 02/08/99
William H. Lance, Emma Lee Lance v. Larry H. Street, D/B/A Street Construction

01A01-9802-CV-00072
Authoring Judge: Presiding Judge W. Frank Crawford
Originating Judge:Judge Allen W. Wallace
Cheatham County Court of Appeals 02/08/99
State of Tennessee, Department of Childrens Services v. Tamra Leann Viar and John Fitzgeral Gross, In the Matter of Katlyn Nicole Viar

01A01-9806-JV-00275

We have reviewed the Petition to Rehear filed on behalf of the Attorney General and conclude that the Petition should be denied for the following reasons.

Authoring Judge: Senior Judge William H. Inman
Originating Judge:Judge John B. Melton, III
Cannon County Court of Appeals 02/05/99