APPELLATE COURT OPINIONS

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Mildred Louise McCollum vs. Kliff Andrew McCollum

02A01-9604-CH-00067

This case involves a petition to change child custody1 and modify child support. 2 Wife is employed by the State of Tennessee as a secretary in the District Attorney’s Office and earns a gross monthly salary of $1507.00. Husband is employed by Electric Motor Service and earns a gross monthly salary of $2,456.84. Respondent-appellant, Mildred Louise McCollum (Wife), appeals the trial court’s order reducing the amount of the future child support obligation of petitioner-appellee, Kliff Andrew McCollum (Husband), to reflect the change in the custody of one of the parties’ children.

Authoring Judge: Presiding Judge W. Frank Crawford
Originating Judge:Judge Joe G. Riley. Jr.
Lake County Court of Appeals 04/07/97
Phillip Mark Nunley v. State of Tennessee

01C01-9602-CC-00066

Appellant Philip Mark Nunley appeals from the dismissal of his petition for post-conviction relief. On March 23, 1993, Appellant pled guilty to seconddegree murder and especially aggravated robbery. Appellant received a sentence of twenty-five years imprisonment for second-degree murder and twenty years imprisonment for especially aggravated robbery. The sentences were ordered to be served concurrently for an effective sentence of twenty-five years. On July 10, 1993, Appellant filed a petition for post-conviction relief, alleging ineffective assistance of counsel and that he involuntarily entered his guilty plea. The post-conviction court dismissed his petition, finding Appellant’s petition without merit. On appeal, Appellant argues that his guilty plea was involuntarily entered. For the reasons discussed below, we reject Appellant’s claim and affirm the decision of the post-conviction court.

Authoring Judge: Judge Jerry L. Smith
Originating Judge:Judge Buddy D. Perry
Grundy County Court of Criminal Appeals 04/03/97
State of Tennessee vs. Billy Joe Baggett

01C01-9604-CC-00160

The appellant, Billy Joe Baggett, was convicted by a jury of aggravated burglary. The trial court sentenced him to fifteen (15) years as a Range III, Persistent Offender. On appeal, he presents ten (10) issues for our review: (1) whether the evidence was sufficient to support a finding of guilt beyond a reasonable doubt for aggravated burglary; (2) whether the trial court erred in allowing the state to introduce tape recordings of four (4) telephone conversations between Baggett and a state informant; (3) whether the trial court erred in allowing the state to introduce a prybar into evidence; (4) whether the trial court erred in allowing the state to use prior convictions for impeachment purposes; (5) whether the trial court erred in allowing the state to present evidence of Baggett’s escape from jail; (6) whether the trial court erred in not granting a mistrial following a state witness’ prejudicial remarks; (7) whether the trial court erred in allowing evidence of Baggett’s preferential treatment while in jail; (8) whether the charge to the jury as to reasonable doubt was unconstitutional; (9) whether the trial court erred in sentencing Baggett; and (10)  whether the delay in hearing the motion for new trial violated his right to a speedy appeal. We affirm the judgment of the trial court.

Authoring Judge: Judge Joe G. Riley
Originating Judge:Judge Robert E. Burch
Dickson County Court of Criminal Appeals 04/03/97
Everlyn Hicks v. Tennessee Dept. of Labor, et al

02S01-9607-CH-00067
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court inaccordance with Tenn. Code Ann. section 5-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. The employee, Hicks, contends the evidence preponderates against the trial court's finding that she is less than permanently and totally disabled from her work-related accident and that the trial court erred in not applying Tenn. Code Ann. section 5-6-28(a). As discussed below, this panel concludes the trial court should be affirmed in both respects The employee or claimant is sixty-two years old and has an eighth grade education. She has worked for the employer, Harmon Automotive, since 1973. In 1983, she injured her hand at work and received an award of permanent partial disability benefits. Her present claim grows out of a second injury suffered by her on May 6, 1993, when she injured her back while lifting a box of mirror bases. As a result of this injury, she received back surgery and was released to return to light duty work in January of 1994. She did return to work in May of the same year, when light duty work became available. In the same month, she again injured her back. She testified that she is no longer able to work. She has settled with her employer and that settlement is not involved in this appeal. The chancellor found the claimant to be less than permanently and totally disabled and dismissed her claim against the Second Injury Fund. 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. section 5-6-225(e)(2). Conclusions of law are subject to de novo review on appeal without any presumption of correctness. Presley v. Bennett, 86 S.W.2d 857 (Tenn. 1993). Where the trial judge has seen and heard the witnesses, especially if issues of credibility and weight to be given oral testimony are involved, considerable deference must be accorded those circumstances on review. Humphrey v. David Witherspoon, Inc., 734 S.W.2d 315 (Tenn. 1987). An employee who has previously become disabled from any cause and who, as a result of a later compensable injury, becomes permanently and totally disabled, may receive disability benefits from his or her employer only for the disability that would have resulted from the subsequent injury. Tenn. Code 5-6-28, Cameron v. Kite Painting Co., 86 S.W.2d 41 (Tenn. 1993). However, such employee may be entitled to recover the remainder of the benefits allowable for permanent total disability from the Second Injury Fund. Id. 2
Authoring Judge: Joe C. Loser, Jr., Special Judge
Originating Judge:Hon. Dewey C. Whitenton,
Hardeman County Workers Compensation Panel 04/01/97
Michael Eugene Smith v. Goodyear Tire & Rubber Co With Order

02S01-9603-CH-00037
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court inaccordance with Tenn. Code Ann. section 5-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. In this appeal, the employer contends the award of permanent partial disability benefits is excessive and, particularly, that the award exceeds the limitation contained in Tenn. Code Ann. section 5-6- 241(a)(1). As discussed below, the panel has concluded the award should be affirmed. The employee or claimant, Smith, is forty-seven and a high school graduate. He has worked for Goodyear since 1969, at several different jobs, all involving manual labor. On May 13, 1994, he injured his back lifting. The claimant was referred to an orthopedic surgeon, who diagnosed a central disc herniation at L5-S1, which was surgically repaired bilaterally. As a result of the injury and surgery, he can lift only 3 pounds frequently and 5 pounds occasionally. He is further limited in his bodily activities and has a permanent medical impairment of ten percent to the whole body. The operating surgeon testified that the claimant is medically disqualified from returning to his pre-injury job or any other one which would require heavy lifting or painful activity. When the claimant returned to work after a period of recuperation, he was offered a choice of jobs. The one he accepted was within his limitations, but he receives a lower hourly wage than he was earning before the injury. He continues to have pain and stiffness from working. The chancellor awarded permanent partial disability benefits on the basis of forty percent to the body as a whole. 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. section 5-6-225(e)(2). For injuries occurring after August 1, 1992, in cases where and injured worker is entitled to permanent partial disability benefits to the body as a whole and the pre-injury employer returns the employee to employment at a wage equal to or greater than the wage the employee was receiving at the time of the injury, the maximum permanent partial disability award the employee may receive is two and one-half times the medical impairment rating. Tenn. Code Ann. section 5-6-241(a)(1). If the offer of return employment is not reasonable in light of the circumstances of the employee's physical disability to 2
Authoring Judge: Joe C. Loser, Jr., Special Judge
Originating Judge:Hon. William Michael Malone,
Smith County Workers Compensation Panel 04/01/97
Michael Eugene Smith v. Goodyear Tire and Rubber Company

02S01-9603-CH-00037
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. In this appeal, the employer contends the award of permanent partial disability benefits is excessive and, particularly, that the award exceeds the limitation contained in Tenn. Code Ann. section 5-6- 241(a)(1). As discussed below, the panel has concluded the award should be affirmed.
Authoring Judge: Joe C. Loser, Jr., Special Judge
Originating Judge:Hon. William Michael Maloan,
Smith County Workers Compensation Panel 04/01/97
02A01-9604-CH-00071

02A01-9604-CH-00071

Originating Judge:Crowson
Court of Appeals 03/31/97
02A01-9605-CV-00105

02A01-9605-CV-00105

Originating Judge:George H. Brown
Shelby County Court of Appeals 03/31/97
02A01-9606-CH-00134

02A01-9606-CH-00134

Originating Judge:John Walton West
Decatur County Court of Appeals 03/31/97
02C01-9508-CR-00224

02C01-9508-CR-00224
Shelby County Court of Criminal Appeals 03/31/97
X2010-0000-XX-X00-XX

X2010-0000-XX-X00-XX
Sullivan County Court of Appeals 03/31/97
El Rayford vs. Stephen Leffler (Order)

02A01-9607-CV-00162

Originating Judge:D'Army Bailey
Shelby County Court of Appeals 03/31/97
02C01-9603-CR-00070

02C01-9603-CR-00070
Shelby County Court of Criminal Appeals 03/27/97
02A01-9507-CH-00144

02A01-9507-CH-00144

Originating Judge:Floyd Peete, Jr.
Shelby County Court of Appeals 03/27/97
03C01-9512-CC-00401

03C01-9512-CC-00401

Originating Judge:James E. Beckner
Hamblen County Court of Criminal Appeals 03/27/97
02C01-9510-CR-00330

02C01-9510-CR-00330
Shelby County Court of Criminal Appeals 03/27/97
01A01-9603-CH-00138

01A01-9603-CH-00138
Court of Appeals 03/27/97
01C01-9602-CC-00057

01C01-9602-CC-00057
Overton County Court of Criminal Appeals 03/27/97
03C01-9509-CC-00277

03C01-9509-CC-00277

Originating Judge:Mary Beth Leibowitz
Knox County Court of Criminal Appeals 03/27/97
Harmon vs. Dunn

01A01-9607-CH-00344

Originating Judge:Jim T. Hamilton
Maury County Court of Appeals 03/27/97
01C01-9509-CR-00309

01C01-9509-CR-00309

Originating Judge:Jane W. Wheatcraft
Sumner County Court of Criminal Appeals 03/27/97
01C01-9603-CC-00109

01C01-9603-CC-00109
Bedford County Court of Criminal Appeals 03/27/97
03C01-9603-CC-00094

03C01-9603-CC-00094

Originating Judge:Rex Henry Ogle
Cocke County Court of Criminal Appeals 03/27/97
02C01-9601-CC-00006

02C01-9601-CC-00006

Originating Judge:Joe G. Riley. Jr.
Dyer County Court of Criminal Appeals 03/27/97
Mallard vs. Tompkins

M2000-00162-COA-R3-CV
The trial court entered judgment on a jury verdict for the defendant. The plaintiff argues on appeal that the trial court committed reversible error by failing to exclude from the jury a woman who revealed that she knew some members of the defense attorney's family. We affirm the trial court.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Thomas W. Brothers
Davidson County Court of Appeals 03/27/97