Opinions

State of Tennessee v. Jeremy M. Batey
M1999-00245-CCA-R3-CD
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge J. Randall Wyatt, Jr.

A Davidson County jury convicted the appellant, Jeremy M. Batey, of one count of reckless homicide, a Class D felony. The trial court sentenced the appellant as a Range I offender to three years incarceration in the local workhouse. On appeal the appellant contends that the trial court erred in denying him an alternative sentence solely on the basis that the crime involved a death. We hold that where the legislature has provided for alternative sentencing in certain homicide offenses, the denial of an alternative sentence solely on the basis of the victim’s death is erroneous. However, in the instant case the circumstances of the offense, including illegal drug and alcohol use which contributed to the offense, and the appellant’s history of alcohol and drug abuse, including the use of marijuana 2 ½ years after the offense and approximately four months prior to his trial justify the denial of alternative sentencing.

Cecilia Nault v. Mootz, Inc., d/b/a Seasons Restaurant & Ohio Casualty Group
03S01-9903-CH-0003O
Authoring Judge: John K. Byers, Senior Judge
Trial Court Judge: Hon. Frank Brown,
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated _ 5-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. Review of the findings of fact made by the trial court is de novo upon the record of the trial court, accompanied by a presumption of the correctness of the finding, unless the preponderance of the evidence is otherwise. TENN. CODE ANN. _ 5-6-225(e)(2); Stone v. City of McMinnville, 896 S.W.2d 548, 55 (Tenn. 1995). The application of this standard requires this Court to weigh in more depth the factual findings and conclusions of the trial courts in workers' compensation cases. See Corcoran v. Foster Auto GMC, Inc., 746 S.W.2d 452, 456 (Tenn. 1988). The trial court denied the plaintiff's claim for workers' compensation benefits and dismissed the complaint. We affirm the judgment of the trial court.

Federated Insurance Company v. Francis I. Lethcoe, et al.
E1997-00048-SC-WCM-CV
Authoring Judge: Justice William M. Barker
Trial Court Judge: Judge Earl H. Henley

This is an appeal from the Chancery Court for McMinn County which, pursuant to Tennessee Rule
of Civil Procedure 60.02(5), modified a judgment that was previously entered in accord with a
settlement agreement between the parties. The appellants appealed and contended that the trial court improperly modified the judgment and reduced the benefits they were to receive according to the agreement. The Special Workers’ Compensation Appeals Panel affirmed the judgment of the trial court, and the appellants filed a motion for full review by this Court to determine whether a party can seek modification of a workers’ compensation judgment for a fixed sum to be paid periodically almost two years after entry of judgment. We hold that where a party agrees to settle a workers’ compensation claim, and the trial court approves the settlement, the settling party is generally not entitled to relief pursuant to Rule 60.02(5). Accordingly, we reverse the judgments of the trial court and the Special Workers’ Compensation Appeals panel and remand this case to the trial court for further proceedings.

State of Tennessee v. Eric Flemming
M1997-0073-SC-R11-CD
Authoring Judge: Justice William M. Barker
Trial Court Judge: Judge Seth W. Norman

We granted the appeal in this case to decide (1) whether fists and feet are deadly weapons
under Tennessee Code Annotated section 39-11-106(a)(5)(B); and (2) whether the trial court’s failure to instruct the jury on criminal responsibility for facilitation of especially aggravated robbery and aggravated robbery was reversible error. We conclude that fists and feet are not deadly weapons under Tennessee Code Annotated section 39-11-106(a)(5)(B). In addition, we conclude that the trial court committed reversible error in failing to instruct the jury on facilitation of aggravated robbery and especially aggravated robbery. Accordingly, we affirm the judgment of the Court of Criminal Appeals and remand this case to the trial court for a new trial. Tenn. R. App. P. 11 Permission to Appeal; Judgment of the Court of Criminal Appeals Affirmed
 

Venessa Lynn Totty v. Michael Alan Totty - Concurring
W1999-02426-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Judge Kay S. Robilio

I concur with the results reached by the majority in this case. With respect to the issue of counseling, I agree with the majority that the statute has become inapplicable in the present case due to the child having reached majority. I write separately because of my concern that the majority
opinion might be interpreted as limiting a trial court’s discretion to order counseling to that specifically set forth in T.C.A. § 36-6-101(e)(1), the text of which is set forth in the majority opinion. I interpret the statute to be permissive rather than prohibitive. For example, I can envision a trial court ordering a non-custodial parent to undergo counseling for anger management as a condition of exercising visitation rights. I do not believe the aforementioned statute prohibits this.

Peggy Shephard vs. Wal-Mart
W1998-00903-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: C. Creed Mcginley

Louise Holder vs. First TN Bank
W1998-00890-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Robert S. Benham

Jean Straub vs. Jason Roberts
W1998-00854-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Kay S. Robilio

Robbie Allen vs. Piggly Wiggly
w1999-00478-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Robert A. Lanier

W1999-00247-COA-R3-CV
W1999-00247-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Ron E. Harmon

Wendy Byrne vs. Steven Byrne
W1999-01492-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford

R. E. Sharp, Jr. vs. Campbell Co. Bd. of Education & Campbell Co., TN
E1999-00397-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard

State vs. Daniel Phillips, Jr.
E1999-01104-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley

State vs. Fred Edmond Dean
E1998-00135-CCA-R3-PC
Authoring Judge: Judge David H. Welles

John Constantine, II et al vs. Miller Ind., Inc. et al
E1999-01575-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: W. Frank Brown, III

State ex rel Jerry N. Estes vs. Johnny Dewayne Hicks
E1999-01603-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks

E1999-02107-COA-R3-CV
E1999-02107-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard

Robert Bowman, et al vs. Gatlinburg Condo Mgt.
E1999-02096-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard

E1999-1531-COA-R3-CV
E1999-1531-COA-R3-CV

E1999-2339-COA-R3-CV
E1999-2339-COA-R3-CV

F. G.Sutton vs. J.W. Sutton
E1999-00302-COA-R3-CV
Authoring Judge: Judge David Michael Swiney

William A. Harvey vs. Lenoir City Utilities Board
E1999-00601-COA-R3-CV
Authoring Judge: Sr. Judge William H. Inman

Deborah Ann Holland vs. Jason Keith Holland
E1999-00586-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
In Re: Estate of Homer Haskell Mills, deceased Ronald Dean Mills vs. Peggy Sue Posey, et al

01C01-9905-CC-00180
01C01-9905-CC-00180
Trial Court Judge: Donald P. Harris

Basily vs. Rain, Inc., et al
M1998-00917-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Thomas W. Brothers