APPELLATE COURT OPINIONS

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Sharon Wyatt v. Rainey Brothers Construction, et al

02S01-9804-CV-00043
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. In this workers' compensation case, the trial court rendered judgment in favor of the plaintiff/appellee, Sharon Wyatt, and against the defendants/appellants, Frayser Manor, Inc. and Whitney Dawncrest, Inc. The defendant, Frayser Manor, Inc. was made a party by amendment. Whitney Dawncrest, Inc. was doing business as Frayser Manor Apartments. The court dismissed the suit with respect to Rainey Brothers Construction Company, Inc. The trial court's judgment included a finding that the plaintiff's average weekly wage was $192.91, the plaintiff was entitled to temporary total disability benefits for 26 weeks, and the plaintiff sustained 84 percent permanent partial disability to the right leg. The issues presented attack the trial court's judgment on these three findings. At trial, all defendants vigorously contested whether they were subject to the workers' compensation law, claiming they did not have five employees. On this appeal, they present no issue concerning the trial court's finding in favor of plaintiff on this issue. In our review, we must be mindful of several fundamentals. Appellate review is de novo upon the record of the trial court, accompanied by a presumption of correctness of the trial court's finding of fact, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. _ 5-6-225(e)(2). This tribunal is required to conduct an independent examination of the evidence to determine where the preponderance of the evidence lies.
Authoring Judge: F. Lloyd Tatum, Special Judge
Originating Judge:Hon. James F. Russell, Judge
Shelby County Workers Compensation Panel 01/26/99
State vs. Lawrence Webb

01C01-9711-CR-00519
Putnam County Court of Criminal Appeals 01/26/99
James Clarence Bennett v. Snap-On Incorporated

03S01-9712-CH-00144
Authoring Judge: John S. Mclellan, III
Originating Judge:Hon. G. Richard Johnson, Chancellor
Knox County Workers Compensation Panel 01/26/99
Zebedee Johnson vs. Metro Gov't for Nashville Davidson County

M2000-01626-COA-R3-CV
This appeal arises from the dismissal of Employee from Hospital operated by Government. Employee filed complaint requesting declaration that he had not been properly dismissed. Trial court dismissed action on the basis that Government was exempt from liability under the Tennessee Governmental Tort Liability Act. We affirm the ruling on the basis that Employee failed to file a writ of certiorari within the sixty days allotted by statute.
Authoring Judge: Judge David R. Farmer
Originating Judge:Carol L. Soloman
Davidson County Court of Appeals 01/26/99
State vs. Quincy Bledsoe

02C01-9712-CC-00491

Originating Judge:Jon Kerry Blackwood
Fayette County Court of Criminal Appeals 01/26/99
Helms vs. Dept. of Safety

01S01-9709-CH-00185

Originating Judge:Irvin H. Kilcrease, Jr.
Supreme Court 01/25/99
Jordan vs. Baptist Three Rivers Hospital

01S01-9706-CV-00142
Supreme Court 01/25/99
State vs. Pettus

01S01-9709-CC-00202

Originating Judge:John H. Gasaway, III
Montgomery County Supreme Court 01/25/99
Sammie Hall v. Shoney's, Inc. & Alexsis, Inc.

01S01-9803-CH-00041
Authoring Judge: William H. Inman, Senior Judge
Originating Judge:Hon. Tom E. Gray
Sumner County Workers Compensation Panel 01/25/99
Anderson vs. Moran Foods

02S01-9610-CH-00093
Shelby County Supreme Court 01/25/99
State vs. El Paso Pitts

02C01-9803-CR-00091
Shelby County Court of Criminal Appeals 01/22/99
State vs. Parks Bryan

01C01-9711-CC-00521

Originating Judge:Gerald L. Ewell, Sr.
Coffee County Court of Criminal Appeals 01/22/99
State vs. Calvin Scott

W2002-01324-CCA-R3-CD
The Appellant, Calvin Scott, was found guilty by a Shelby County jury of aggravated robbery, two counts of especially aggravated robbery, and two counts of first degree murder. The trial court sentenced Scott to an effective sentence of life plus twenty-two years. In this appeal as of right, Scott raises the following issues for our review: (1) whether the State asserted sufficient race-neutral explanations to support its exercise of peremptory challenges against four African-American jurors; and (2) whether the trial court, after concluding that the State's exercise of a peremptory challenge was improper, should have dismissed the entire panel rather than reseating the juror. We conclude that the State's use of its peremptory challenges was proper, and the trial court did not err by reseating the challenged juror. Accordingly, the judgment of the trial court is affirmed.
Authoring Judge: Judge David G. Hayes
Originating Judge:J. C. Mclin
Shelby County Court of Criminal Appeals 01/22/99
Bell vs. TN Farmers Mutual

01A01-9802-CV-00079

Originating Judge:Charles D. Haston, Sr.
Warren County Court of Appeals 01/22/99
State vs. Anthony Brasfield

02C01-9808-CC-00257
Weakley County Court of Criminal Appeals 01/22/99
Terrance Burnett v. State of Tennessee

W2006-01063-CCA-R3-PC
Authoring Judge: Judge David G. Hayes
Originating Judge:Joseph H. Walker, III
Lauderdale County Court of Criminal Appeals 01/22/99
State vs. Charjoray P. Weir

M2000-0459-CCA-R3-PC
The Defendant appeals as of right from the trial court's order dismissing his petition for post-conviction relief upon its finding that the petition was barred by the statute of limitations. We reverse the judgment of the trial court and remand the case for further proceedings.

Originating Judge:J. O. Bond
Wilson County Court of Criminal Appeals 01/22/99
Hall vs. Hall

01A01-9805-CH-00263
Sumner County Court of Appeals 01/22/99
In Re: Conservatorship of Edward Leo Gray

01A01-9802-CH-00061

Originating Judge:Carol A. Catalano
Robertson County Court of Appeals 01/22/99
State vs. Parks Bryan

01C01-9711-CC-00521

Originating Judge:Gerald L. Ewell, Sr.
Coffee County Court of Criminal Appeals 01/22/99
Hogan et al vs. Coyne International Enterprises Corp.

01A01-9712-CH-00733
Court of Appeals 01/21/99
Hawkins vs. Sundquist

01A01-9803-CH-00164

Originating Judge:Carol L. Mccoy
Davidson County Court of Appeals 01/21/99
State vs. Erik Jackson

01C01-9707-CR-00293
Davidson County Court of Criminal Appeals 01/21/99
Peck vs. Mills et al

01A01-9806-CH-00279

Originating Judge:Irvin H. Kilcrease, Jr.
Davidson County Court of Appeals 01/21/99
Williams vs. TDOC

01A01-9801-CH-00010

Originating Judge:Irvin H. Kilcrease, Jr.
Davidson County Court of Appeals 01/21/99