APPELLATE COURT OPINIONS

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State vs. Welcome

03C01-9709-CR-00387
Knox County Court of Criminal Appeals 07/15/98
Donoho vs. Donoho, Jr.

01A01-9802-CV-00070

Originating Judge:Bobby H. Capers
Wilson County Court of Appeals 07/15/98
Deon Braden vs. State

01C01-9708-CC-00351
Maury County Court of Criminal Appeals 07/15/98
Nashville Electric Service vs. Stone

01A01-9708-CV-00383

Originating Judge:Walter C. Kurtz
Davidson County Court of Appeals 07/15/98
Willis, et. al. vs. Franklin Co. Bd. of Education

01A01-9606-CH-00266

Originating Judge:John W. Rollins
Franklin County Court of Appeals 07/15/98
State vs. Walden

03C01-9707-CR-00317

Originating Judge:W. Lee Asbury
Campbell County Court of Criminal Appeals 07/14/98
State vs. John/Rita Adams

02C01-9707-CR-00246

Originating Judge:Chris B. Craft
Shelby County Court of Criminal Appeals 07/14/98
State vs. McDowell

03C01-9707-CR-00278
Morgan County Court of Criminal Appeals 07/14/98
State vs. Morris

03C01-9708-CR-00351
Greene County Court of Criminal Appeals 07/14/98
State vs. Hooper

03C01-9704-CR-00152

Originating Judge:E. Eugene Eblen
Court of Criminal Appeals 07/14/98
State vs. Thomas Stone

02C01-9711-CC-00433
Henry County Court of Criminal Appeals 07/14/98
State vs. Ralph Miller

02C01-9709-CC-00361
Fayette County Court of Criminal Appeals 07/14/98
Stephen W. Murphy vs. State

M2000-00014-CCA-R3-PC
The petitioner appeals as of right from the Davidson County Criminal Court's denial of post-conviction relief. The petitioner pled guilty in 1998 to two counts of theft and was sentenced as a career offender to twelve years for D felony theft and six years for an E felony theft. The sentences were statutorily required to be served consecutively. Petitioner filed a timely pro se petition seeking post-conviction relief, alleging ineffective assistance of counsel and involuntary and unknowing guilty pleas. After an evidentiary hearing, the post-conviction court denied relief. Based upon our review, we affirm the post-conviction court's denial of the petitioner's request for post-conviction relief.

Originating Judge:J. Randall Wyatt, Jr.
Davidson County Court of Criminal Appeals 07/13/98
Broderick Kelsey v. Kraft Food Service

03S01-9710-CH-00121
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. section 5-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. The appellants contend the trial court's award of benefits based on six times the medical impairment rating is excessive. The appellee contends the award is inadequate because the chancellor erred in "finding three of the four factors listed under Tenn. Code Ann. section 5-6- 242 were not proven by clear and convincing evidence" and that the award of benefits based on forty-two percent to the body as a whole is inadequate. The appellee also contends the chancellor erred in failing to award its vocational expert's fee as discretionary costs. As discussed below, the panel has concluded the judgment should be affirmed. At the time of the trial, the claimant, Kelsey was thirty-five years old and a high school graduate. Following high school graduation, he served three years in the United States Army, where he worked as a warehouseman and equipment operator. He has worked as a truck driver. He worked for the employer, Kraft Food Services, for about two years until June 27, 1995, when he suffered a compensable back injury while lifting a case of potatoes. He has not worked since. The treating physician, Dr. Seiters, diagnosed a protruding or bulging disc, provided conservative care and estimated his permanent medical impairment at seven percent to the body as a whole. The doctor further opined the claimant reached maximum medical improvement on November 15, 1995 and could return to light work. The treating physician and another doctor who had first examined the claimant were of the opinion that the claimant could be exaggerating his symptoms. At the trial, the claimant gave conflicting testimony concerning his ability to read. On direct examination, he testified that he could not read. On 2
Authoring Judge: Joe C. Loser, Jr., Special Judge
Originating Judge:Hon. Howell Peoples,
Knox County Workers Compensation Panel 07/13/98
State vs. Preston Fisher

W2000-00906-CCA-R3-CD
The defendant, Preston Fisher, was convicted of theft of property over $10,000.00. The trial court imposed a Range I, five-year sentence and required service of 120 days in jail, after which the defendant was to be placed upon intensive probation. Following a probation violation by his use of marijuana, the defendant was placed in a Community Corrections program which required one year of drug and alcohol treatment at the Synergy Foundation followed by four years of supervision. After the defendant failed to pursue treatment at Synergy, the trial court ordered that he serve his sentence in the Department of Correction. In this appeal of right, the defendant contends that the trial court erred by the revocation of the Community Corrections sentence. The judgment is affirmed.
Authoring Judge: Judge Gary R Wade
Chester County Court of Criminal Appeals 07/13/98
Frances Blanchard vs. Arlene Kellum, D.D.S.

02S01-9709-CV-00083
Supreme Court 07/13/98
State vs. Jason Kimberland

02C01-9711-CC-00447
Hardin County Court of Criminal Appeals 07/10/98
Irvin vs. Johnson

01A01-9708-CV-00427

Originating Judge:James E. Walton
Montgomery County Court of Appeals 07/10/98
Crabtree vs. Crabtree

01A01-9710-CV-00576

Originating Judge:Muriel Robinson
Davidson County Court of Appeals 07/10/98
Moore Construction Co. vs. Story Engineering

01A01-9606-CV-00267

Originating Judge:James E. Walton
Montgomery County Court of Appeals 07/10/98
Bursack vs. Wilson

01A01-9710-CV-00555

Originating Judge:Marietta M. Shipley
Davidson County Court of Appeals 07/10/98
Robertson vs. TN. Walking Horse & Breeders Assoc.

01A01-9610-CV-00456

Originating Judge:Lee Russell
Marshall County Court of Appeals 07/10/98
Bennie Day and Karen Day, v. City of Dercherd, Otis B. Smith, Jr., Mayor, Hank Weddington, Bill van Hoosier, Frank Green, and Daryl Doney, Commissioners - Concurring

01-A-01-9708-CH-00442

I concur i the resulst of the majority opinion, but would base that result on different reasoning.

Authoring Judge: Special Judge Walter R. Bussart
Court of Appeals 07/10/98
Elizabeth Davis Black, v. Michael Walter Black

01A01-9801-CV-00056

This appeal involves post-divorce petitions for change of custody and child support. The mother, Elizabeth Davis Black (Tepas), has appealed from the judgment of the Trial Court transferring custody of the eleven year old daughter, Chelsea, from the mother to the father, Michael Walter Black, and relieving him of the obligation of child support while the child was in the custody of the father by agreement of the parties.

Authoring Judge: Presiding Judge Henry F. Todd
Originating Judge:Judge J. Curtis Smith
Marion County Court of Appeals 07/10/98
Thomasson vs. Thomasson

01A01-9706-CV-00273

Originating Judge:Gerald L. Ewell, Sr.
Coffee County Court of Appeals 07/10/98