State of Tennessee vs. Michael T. Keen
01C01-9710-CR-00454
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge Jane W. Wheatcraft

Michael T. Keen, the Defendant, appeals as of right following his sentencing hearing in the Sum ner County Criminal Court. Defendant was indicted for vehicular homicide and DUI, second offense. In an agreement with the State, Defendant pled guilty to vehicular homicide, a Class B felony, and agreed to an eight (8) year sentence, with the trial court to determine the manner of service of the sente nce. Following his sentencing hearing, the trial court orde red Defendant to serve eight (8) years in the Tennessee Department of Correction. In his appeal, Defendant argues that the trial court erred in refusing to grant an alterna tive sentence. We affirm the judgment of the trial court.

O. Robert E. Mayers v. Miller Medical Group, An Affiliate of Baptist Healthcare Group; Russell D. Ward, M.D. and Michel Kuzur, M.D.
01A01-9802-CV-00101
Authoring Judge: Judge William B. Cain
Trial Court Judge: Judge Marietta M. Shipley

Plaintiff, Robert E. Mayers, acting pro se in this medical malpractice action, appeals the decision of the Circuit Court of Davidson County denying his application for relief under Tennessee Rules of Civil Procedure 60.02 from a final summary judgment rendered in favor of the defendants.

James Rowland Moore v. Karen Owen Moore
01A01-9708-CV-00444
Authoring Judge: Presiding Judge Ben H. Cantrell
Trial Court Judge: Judge Muriel Robinson

After a 1996 divorce by the Circuit Court of Davidson County the husband filed an independent damages action in the chancery court, alleging that the wife fraudulently induced him to enter into the divorce settlement. The wife filed a Rule 60.02 motion in the divorce court seeking a declaration that she was not guilty of fraud. The divorce court ruled that the chancery court was bound by the circuit court’s judgment and that the husband must pay $2500 in attorney’s fees to the wife for services in the Rule 60.02 motion. We reverse.

Permanent General Assurance Corporation, v. Gilbert Waters, et al.
01A01-9712-CV-00720
Authoring Judge: Presiding Judge Ben H. Cantrell
Trial Court Judge: Judge Hamilton V. Gayden, Jr.

This case involves an exclusion in an automobile liability policy for a person operating the automobile without a reasonable belief that that person is entitled to do so. The Circuit Court of Davidson County dismissed the insurance company’s action for a declaratory judgment. We reverse, and declare that the exclusion precluded coverage by the company.

Walden v. New Life Ministries
03S01-9709-CH-00115
Authoring Judge: Roger E. Thayer, Special Judge
Trial Court Judge: Hon. Earl H. Henley,
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. The employer, New Life Bible Church, Inc., has perfected this appeal from a ruling of the trial court in awarding the employee, William E. W alden, a judgment in the sum of $34,187.64 representing a recovery for unpaid medical expenses in the sum of $33,193.69 and for reimbursement of travel expenses in the sum of $993.95. The trial court found plaintiff's claim compensable and fixed an award of permanent partial disability at 5% to his right arm. In addition, the court allowed certain discretionary costs and fixed attorney's fees. On appeal there is no dispute concerning the 5% award, the allowance of discretionary costs or the award of attorney's fees. The sole issue relates to that portion of the judgment awarding plaintiff a monetary judgment for medical expenses incurred but remaining unpaid at the time of the trial. Defendant employer argues the judgment should have directed it to pay the various health care providers and it was error to allow the employee to recover same without having paid the medical expenses. In support of this contention, the employer cites and relies on the holdings of the Supreme Court in the case of Staggs v. National Health Corp., 924 S.W.2d 79 (Tenn. 1996); West Insurance Company v. Montgomery, 861 S.W.2d 23 (Tenn. 1993) and a Workers' Compensation Appeals Panel decision in the case of Moody v. Phelps Security, Inc., No. 2S1-959- CV- 8, filed August 3, 1996 at Jackson, and adopted and affirmed by the Supreme Court. On appeal plaintiff does not address the issue before the court in his brief but merely concedes awarding a monetary judgment for unpaid medical expenses was not proper and the brief alleges that the appeal of the case is frivolous as counsel agreed to modify the judgment conforming it to the relief sought by the appeal and that this occurred several months prior to the filing of the brief. Defendant has made no response to this allegation. 2

Patricia Jones v. Rosewood Manor, Inc.
01S01-9710-CH-00219
Authoring Judge: Per Curiam
Trial Court Judge: Hon. Jim T. Hamilton
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with

Crossett v. Babcock Inds., Faultless Caster Div. and The Ins.Co. of Pa.
01S01-9803-CV-00045
Authoring Judge: Per Curiam
Trial Court Judge: Hon. Thomas Goodall

Miller High v. Gf Office Furniture, Ltd.
01S01-9804-CH-00068
Authoring Judge: Per Curiam
Trial Court Judge: Hon. Thomas E. Gray

Jimmy Jones, Jr. vs. State of Tennessee
01C01-9804-CR-00162
Authoring Judge: Judge L. T. Lafferty
Trial Court Judge: Judge Jane W. Wheatcraft

The appellant, Jimmy Jones, Jr., appeals the dismissal of his pro se motion to reopen post-conviction petition or in the alternative a petition for habeas corpus relief by the Sumner County Criminal Court. In December, 1987, the appellant was convicted by a Sumner County jury on two counts of armed robbery and one count of burglary. The appellant received concurrent Range II sentences of forty-five years for the armed robbery convictions and fourteen years for the burglary conviction to run consecutively. On direct appeal, the appellant alleged trial errors as to (1) the sufficiency of the evidence to sustain the verdicts, (2) whether the trial court erred in limiting production of police reports, and (3) whether his effective sentence of fifty-nine years was excessive. In January, 1989, this court affirmed the judgment of the trial court in State v. Jimmy Jones, Jr., Sumner County No. 88-58-III (Tenn. Crim. App., Nashville, January 11, 1989) per. app. denied (Tenn. 1989).

Dennis T. Crouse v. Charlane Allen Crouse
02A01-9712-CV-00312
Authoring Judge: Presiding Judge W. Frank Crawford
Trial Court Judge: Judge Kay S. Robilio

This dispute concerns an award of alimony and attorney’s fees. Appellant, Dennis T. Crouse (Husband), appeals from the trial court’s order granting alimony in futuro and attorney’s fees to Appellee, Charlane Allen Crouse (Wife).

State of Tennessee v. Lorenzo Pfeifer
02A01-9811-CC-00307
Authoring Judge: Presiding Judge W. Frank Crawford
Trial Court Judge: Judge William B. Acree

This appeal involves a juvenile delinquency proceeding. Appellant, Lorenzo Carlos Pfeifer, appeals from the order of the Circuit Court in Obion County which found him a delinquent child because he was guilty of the offense of aggravated burglary and theft of property over $1,000.00. Appellant was committed to the Tennessee Department of Children’s Services for an indeterminate term. The only issue presented for review is whether the evidence is sufficient to prove beyond a reasonable doubt that Pfeifer committed the offense of aggravated burglary and theft of property over $1,000.00.

Chase Cavett Services, Inc., v. Brandon Apparel Group, Inc.
02A01-9803-CH-00055
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Chancellor Floyd Peete, Jr.

Plaintiff Chase Cavett Services, Inc. (Chase) appeals an order of the chancery court granting a motion to dismiss for lack of personal jurisdiction filed by Defendant Brandon Apparel Group, Inc. (Brandon). Because we find that the chancery court may exercise personal jurisdiction over Brandon, we reverse the ruling of the chancellor.

Edmund George Zagorski v. State of Tennessee
01S01-9711-CC-00240
Authoring Judge: Justice William M. Barker
Trial Court Judge: Judge Jane W. Wheatcraft

We granted this post-conviction appeal to determine whether there is ineffective assistance of counsel where, at the express instruction of a competent and fully informed defendant, defense counsel does not investigate or present mitigating evidence at the sentencing phase of a capital trial. For the reasons provided herein, we hold that there is not.

Billy R. Phillips v. Tennessee Technological University, State of Tennessee
01S01-9708-BC-00173
Authoring Judge: Justice Janice M. Holder
Trial Court Judge: Commissioner W.R. Baker

We granted this appeal to address whether the State may be liable for discretionary costs pursuant to Tenn. R. Civ. P. 54.04(2) in a workers' compensation case. We hold that the State may only be taxed for costs expressly permitted by either the Tennessee claims commission statute or the Workers' Compensation Act.

Billy R. Phillips v. State of Tennessee v. Tennessee Technological University, State of Tennessee
01S01-9708-BC-00173
Authoring Judge: Justice Janice M. Holder
Trial Court Judge: Commissioner W.R. Baker

We granted this appeal to address whether the State may be liable for discretionary costs pursuant to Tenn. R. Civ. P. 54.04(2) in a workers' compensation case. We hold that the State may only be taxed for costs expressly permitted by either the Tennessee claims commission statute or the Workers' Compensation Act.

Fay Thomas Nutt v. Champion International Corporation
01S01-9705-CH-00114
Authoring Judge: Justice Janice M. Holder
Trial Court Judge: Chancellor Jim T. Hamilton

We granted this appeal to determine whether an employer is entitled to an offset of long-term disability payments against a workers’ compensation award for permanent total disability. A 1996 amendment to Tenn. Code Ann. § 50-6-114 permits offsets against workers’ compensation benefits for payments made to an employee under an employer-funded disability plan. The plaintiff’s injury pre-dated the effective date of the statute. We hold that the amendment is not retroactive and the employer is not entitled to an offset in this case.
 

Fay Thomas Nutt v. Champion International Corporation
01S01-9705-CH-00114

This cause came on to be heard upon the record on appeal from the Special Worker’s Compensation Appeals Panel, and the briefs and argument of counsel; and upon consideration thereof, this Court is of the opinion that the 1996 amendment to Tenn. Code Ann. § 50-6-114 of the Workers’ Compensation Act is not retroactive and the employer is not entitled to an offset against the worker’s compensation award in this case.

Baptist Hospital, et al., v. Tennessee Department of Health and Department of Finance and Administration
01S01-9711-BC-00249
Authoring Judge: Justice Janice M. Holder
Trial Court Judge: Commissioner W. R. Baker

We granted this appeal to determine whether the Tennessee claims commission has subject matter jurisdiction over the plaintiffs’ challenge to certain Medicaid reimbursements paid to them by the State. Upon review, we hold that the Tennessee claims commission lacks subject matter jurisdiction over this case. Because the plaintiffs’ challenge is based upon an assertion that a state Medicaid regulation is invalid under federal law, the Tennessee Department of Health was the agency with subject matter jurisdiction over this case pursuant to Tenn. Code Ann. § 4-5-223 of the Uniform Administrative Procedures Act ("UAPA").

Baptist Hospital v. Tennessee Departments of Health and Finance and Administration
01S01-9711-BC-00249
Authoring Judge: Justice Janice M. Holder
Trial Court Judge: Commissioner W. R. Baker

We granted this appeal to determine whether the Tennessee claims commission has subject matter jurisdiction over the plaintiffs’ challenge to certain Medicaid reimbursements paid to them by the State. Upon review, we hold that the Tennessee claims commission lacks subject matter jurisdiction over this case. Because the plaintiffs’ challenge is based upon an assertion that a state Medicaid regulation is invalid under federal law, the Tennessee Department of Health was the agency with subject matter jurisdiction over this case pursuant to Tenn. Code Ann. § 4-5-223 of the Uniform Administrative Procedures Act ("UAPA").

State of Tennessee v. Darrell Wentzel
01C01-9705-CC-00193
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge Donald P. Harris

On December 6, 1996, a W illiamson County jury convicted Appellant, Darrell Wentzel, of two counts of aggravated robbery, one count of aggravated burglary, and one count of aggravated kidnapping. After a sentencing hearing on January 31, 1997, Appellant was sentenced to twelve years for each count of aggravated robbery, twelve years for aggravated kidnapping, and six years for aggravated burglary, with all sentenc es to be served concurrently. On February 18, 1997, Appellant filed a motion for judgment of acquittal or, in the alternative, a motion for a new trial, claiming that the evidence was insufficient for a conviction, that the aggravating kidnapping conviction should be dismissed because it was incidental to the robbery, that several of the trial court’s evidentiary rulings were erroneous, and that the trial court had misapplied enhancement factors to arrive at maximum sentences on all four convictions.  The trial court denied the motion. Appellant challenges both his convictions and his sentence, raising the following issues:

1) whether the trial court comm itted plain error by adm itting the in-court identification of the Appellant by Mary Ethel Veach;

2) whether there was sufficient evidence to corroborate the accomplice testimony of Edward Mitchem;

3) whether Appellant’s convictions for two counts of aggravated robbery constituted dou ble jeopardy;

4) whether the trial court correctly rejected Appellant’s argument that he could not be convicted of aggravated kidnapping because it was only incidental to the robbery;

5) whether the trial court correctly sentenced the Appellant.

After a review of the record, we affirm the judgment of the trial court.

Steve Makris v. Bob Kapos
02A01-9712-CH-00318
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Chancellor C. Neal Small

Steve Makris appeals the trial court’s denial of his claim for accrued and unpaid salaries in this partnership accounting and dissolution case. For the reasons stated hereafter, we reverse the trial court’s judgment.
 

Stephen P. Kopels v. Katherine Annette Bryant
01A01-9711-CV-00646
Authoring Judge: Senior Judge William H. Inman
Trial Court Judge: Judge Muriel Robinson

This is a domestic relations case. The appellant complains of the award of the residence to the appellee, and the award of the attorney’s fees. Our 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. R. APP. P., RULE 13(d); Campbell v. Florida Steel Corp., 919 S.W.2d 26 (Tenn. 1996). Where there is no conflict in the evidence as to any material fact, the question on appeal is one of law, and the scope of review is de novo with no presumption of correctness accompanying a chancellor's conclusions of law. Union Carbide Corp. v. Huddleston, 854 S.W.2d 87 (Tenn. 1993).

Gehl Corporation, v. Ruth E. Johnson, Commissioner of Revenue for the State of Tennessee
01A01-9803-CH-00165
Authoring Judge: Judge William B. Cain
Trial Court Judge: Chancellor Ellen Hobbs Lyle

Gehl Corporation filed suit in the Chancery Court of Davidson County to contest an assessment by the Commissioner of Revenue of the "Amusement Tax" imposed by Tennessee Code Annotated section 67-6-212(a)(2).

Patsy Lorean Johnson v. James Larry Johnson
02A01-9703-CH-00069
Authoring Judge: Judge Holly Kirby Lillard
Trial Court Judge: Chancellor D. J. Alissandratos

This is a divorce case. In the original divorce, years ago, the wife was awarded shares of stock from the husband’s p ension fund. Subs equently, the pension fund was distributed to the husband, with no monies going to the wife. In this action, the trial court awarded the wife a judgment for the value o f the stock at the time of the trial co urt’s order. The husband appeals. We affirm.

Todd Harmon v. Janet Harmon
02A01-9709-CH-00212
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Chancellor John Walton West

Megan Harmon (“Megan” or “Appellant”), minor child born during the marriage of Plaintiff/Appellee, Todd Harmon (“Mr. Harmon” or “Appellee”) and Defendant Janet Harmon (“Mrs. Harmon”), by and through her Guardian Ad Litem (G.A.L.), appeals the decision of the trial court which found that Appellee was not the biological father of Appellant, and incorporated into the decree of divorce the marital dissolution agreement in which the parties agreed Appellee would have no further obligation to the child.