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| State vs. James Transou
02C01-9703-CC-00125
Originating Judge:John Franklin Murchison |
Madison County | Court of Criminal Appeals | 04/21/98 | |
| State vs. Robert Howell
02C01-9705-CR-00194
|
Shelby County | Court of Criminal Appeals | 04/21/98 | |
| State vs. Max Martin
01C01-9609-CR-00415
|
Putnam County | Court of Criminal Appeals | 04/20/98 | |
| Howard Woods vs. MTC Mgt. & Solomon Mgt.
02S01-9706-CH-00061
|
Supreme Court | 04/20/98 | ||
| Teresa M. Mccarley Johnson v. Maury Regional Hospital,
M1999-00291-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 should be affirmed. The employee or claimant, Johnson, filed this civil action on April 2, 1998 to recover benefits for injuries which she alleged resulted from an injury by accident arising out of and in the course of her employment by the employer. By its answer, the employer denied the occurrence of a compensable work related injury. Following a trial, the trial judge found that the claimant suffered a ruptured disc arising out of and in the course of employment and awarded, among other things, permanent partial disability benefits based on fifty-four percent to the bodyas a whole. As discussed below, this tribunal has concluded the judgment should be affirmed. Appellate review is de novo upon the record of the trial court, accompanied by a presumption of correctness of the findings of fact, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. _ 5-6-225(e)(2). This standard requires the panel to examine in depth a trial court's factual findings and conclusions. We are not bound by the trial court's factual findings, but must instead conduct an independent examination to determine where the preponderance of the evidence lies.
Authoring Judge: Loser, Sp. J.
Originating Judge:Jim T. Hamilton, Judge |
Johnson County | Workers Compensation Panel | 04/20/98 | |
| Gregory Jones vs. State
01C01-9706-CR-00226
|
Davidson County | Court of Criminal Appeals | 04/16/98 | |
| Provencher vs. State
03C01-9704-CR-00147
Originating Judge:William M. Barker |
Washington County | Court of Criminal Appeals | 04/15/98 | |
| Pardue, Jr. vs. Metro Gov't
01A01-9707-CH-00312
Originating Judge:Carol L. Mccoy |
Davidson County | Court of Appeals | 04/15/98 | |
| Moser vs. Dept. of Transp., et. al .
01A01-9707-CH-00317
Originating Judge:Carol L. Mccoy |
Davidson County | Court of Appeals | 04/15/98 | |
| State vs. Charles Allen
M2002-03144-CCA-R3-PC
The Defendant, Charles Ray Allen, was convicted by a jury of first degree premeditated murder and attempted voluntary manslaughter. The Defendant subsequently filed for post-conviction relief alleging, among other things, ineffective assistance of counsel at trial. After an evidentiary hearing, the trial court denied relief, and the Defendant now appeals. We affirm the judgment of the trial court.
Authoring Judge: Judge David H. Welles
Originating Judge:J. Randall Wyatt, Jr. |
Davidson County | Court of Criminal Appeals | 04/15/98 | |
| William Kirk Riley, Pro Se vs. State
M2002-02302-CCA-OT-CO
The Petitioner, William Kirk Riley, appeals the trial court's denial of his petition for habeas corpus relief. The State has filed a motion requesting that this Court affirm the trial court's denial of relief pursuant to Rule 20, Rules of the Court of Criminal Appeals. The Petitioner fails to assert a cognizable claim for which habeas corpus relief may be granted. Accordingly, the State's motion is granted and the judgment of the trial court is affirmed.
Authoring Judge: Judge David H. Welles
Originating Judge:Cheryl A. Blackburn |
Davidson County | Court of Criminal Appeals | 04/15/98 | |
| Robert Moore vs.State
01C01-9712-CC-00580
|
Maury County | Court of Criminal Appeals | 04/15/98 | |
| Erwin, et. ux. vs. Lovell, et. al.
01A01-9706-CV-00248
Originating Judge:William B. Cain |
Maury County | Court of Appeals | 04/15/98 | |
| State vs. James Pinkerton
01C01-9706-CC-00220
|
Cannon County | Court of Criminal Appeals | 04/15/98 | |
| Holt vs. Lewis
01A01-9707-PB-00314
Originating Judge:Frank G. Clement, Jr. |
Davidson County | Court of Appeals | 04/15/98 | |
| 03C01-9709-CR-00342
03C01-9709-CR-00342
Originating Judge:James E. Beckner |
Court of Criminal Appeals | 04/15/98 | ||
| State vs. Friedman
03C01-9704-CR-00140
Originating Judge:Lynn W. Brown |
Carter County | Court of Criminal Appeals | 04/14/98 | |
| Quarles vs. Shoemaker
03A01-9708-CH-00370
|
Hamilton County | Court of Appeals | 04/14/98 | |
| Friar vs. Kroger
03A01-9710-CV-00470
|
Anderson County | Court of Appeals | 04/14/98 | |
| William R. Cross v. Mahle, Inc.
03S01-9704-CV-00038
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 employee contends the evidence preponderates against the trial court's finding that his heart attack was not a compensable injury by accident under the workers' compensation laws of Tennessee. As discussed below, the panel has concluded the judgment should be affirmed. The employee or claimant, Cross, was injured in an automobile accident in 1994 and left with a partial disability. In order to accommodate that disability, the employer placed him in a light duty position as a security guard, where he worked in an air conditioned guard shack. He would leave the shack from time to time to check the identity of a vehicle driver, a distance of twenty to twenty-five feet from the shack. In July of 1995, he was prescribed nitroglycerin for chest pain. On the evening of August 17, 1995, he experienced slight chest pain at home. The next day, a very hot one, he felt chest pain at work. The pain gradually increased in severity and did not subside for several hours, although he did not engage in any unusual physical exertion or stress. He left work and went home, then to the hospital, accompanied by his wife. Dr. Kenneth Allum treated the claimant. He testified that the claimant had suffered a minor heart attack and that going in and out of the guard shack in hot weather could have been the cause. Dr. Alfred Beasley disagreed on both counts, from medical records. Both doctors are board certified in internal medicine. Dr. Beasley is also a cardiologist. The medical records reflect the claimant as having poorly controlled diabetes, as being overweight and a heavy smoker and having a family history of coronary artery disease. The trial judge prepared and filed an exhaustive opinion in which he found that the claimant had failed to carry the burden of proof as to causation, and dismissed the claim. Appellate review is de novo upon the record 2
Authoring Judge: Joe C. Loser, Jr., Special Judge
Originating Judge:Hon. Ben K. |
Knox County | Workers Compensation Panel | 04/14/98 | |
| Howard F. Stanley v. South Central Bell
03S01-9705-CH-00048
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with T.C.A. _ 5-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The plaintiff filed a "Petition to Reopen" a workers' compensation case wherein the judgment was affirmed by the Supreme Court on March 26, 199. In the initial case, the Chancellor awarded the plaintiff benefits for a knee injury, a psychological disability, and vision loss. This Petition was filed November 27, 1995. The plaintiff alleged that he continues to suffer from "depression and other psychological problems," for which he seeks additional benefits. He amended the petition to allege that a management plan instituted in the "mid-197's" caused "stress and depression," which have gradually worsened. The defendant answered generally, and specifically pleaded the bar of the Statute of Limitations presented by T.C.A. _ 5-6-23 and T.C.A. _ 5-6- 224. Thereafter, the defendant filed a motion for summary judgment, alleging that the plaintiff's claim for workers' compensation benefits had been fully and finally adjudicated; that the plaintiff retired from Bell South on August 25, 1985, and thus was no longer an employee as defined by T.C.A. _ 5-6-12(3); and that the benefits owing to the plaintiff as a consequence of his initial action were paid in a lump sum which, by statute, forecloses the issue pursuant to T.C.A. _ 5-6-231. The motion for summary judgment was granted and the plaintiff appeals. The issue is whether the case should have been resolved summarily. We need not belabor the point. The plaintiff seeks benefits for some kind of incident that occurred five (5) years before the knee injury (then alleged 2
Authoring Judge: William H. Inman, Senior Judge
Originating Judge:Hon. H. David Cate, |
Knox County | Workers Compensation Panel | 04/14/98 | |
| State vs. Johnny Clark
02C01-9708-CR-00307
Originating Judge:W. Fred Axley |
Shelby County | Court of Criminal Appeals | 04/14/98 | |
| State vs.Collins
03C01-9704-CR-00127
Originating Judge:James E. Beckner |
Hamblen County | Court of Criminal Appeals | 04/14/98 | |
| State vs. Perry A. Cribbs
02S01-9703-CR-00014
|
Supreme Court | 04/13/98 | ||
| Carol Douglas v. Graves Gold Leaf Gallery of West Tennessee, Inc., et al
02S01-9801-CH-00011
Authoring Judge: J. Steven Stafford, Special Judge
Originating Judge:Hon. Joe C. Morris, |
Madison County | Workers Compensation Panel | 04/13/98 |