Opinions

Transportation Unlimited, Inc. v. Michael Gruber, et al
M1999-01540-WC-R3-CV
Authoring Judge: Loser, Sp. J.
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. By this appeal, the employer contends (1) the trial judge erred by refusing to dismiss the claim because the claimant made false representations on his application for employment and (2) the trial court erred in awarding discretionary costs. As discussed below, the panel has concluded the judgment should be affirmed. In January of 1995, the claimant was hired as a truck driver for Cassens Transport, where he worked as a car carrier, the duties of which included securing cars to the deck of a truck with chains, -2-

State vs. William Ricky Wayne Herrell
M1999-02475-CCA-R3-CD
Authoring Judge: Presiding Judge Joseph M. Tipton
Trial Court Judge: John H. Gasaway, III

Hart vs. State
W1997-00188-SC-R11-CO
Authoring Judge: Justice Adolpho A. Birch, Jr.
Trial Court Judge: J. Steven Stafford

State vs. Pierce
E1997-00053-SC-R11-CD
Authoring Judge: Justice Frank F. Drowota, III
Trial Court Judge: R. Jerry Beck

State ex rel Ledbetter vs. Godsey
M1998-00958-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: Conrad E. Troutman, Jr.

Barrett vs. Metro Gov't of Nashville
M1999-01130-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Walter C. Kurtz

Elrod vs. JCPenney Life Ins .
M1999-02195-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: John O. Wootton

Fell vs. Rambo
M1999-01039-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Lee Russell

Chase vs. Springer
M1999-01038-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Walter C. Kurtz

X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX

State vs. Dennis Daughtry
W1999-00792-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Arthur T. Bennett

State vs. Tyaneshia Turner & Johnathan Webster
W1999-00530-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Chris B. Craft

1999-00946-COA-R3-CV
1999-00946-COA-R3-CV
Trial Court Judge: Jeffrey F. Stewart

Johnny Jess Davis, et al vs. Johnnie Rex Flyn, et us
E1999-00421-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Bobby H. Capers
Apollo Shores Community & Maint. Inc., vs. Larry Alfred et ux Joy Carol Lynn

State vs. Glenda Dotson
E1999-02330-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Lynn W. Brown

State vs. Christopher Stacy Long
E1999-01205-CCA-R3-CD
Trial Court Judge: James E. Beckner

Perry H. Young v. State of Tennessee
E1999-1968-COA-R3-CV
Trial Court Judge: Samuel H. Payne

State vs. John Roy Polly
M1999-00278-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: William Charles Lee
In this direct appeal, the defendant argues that he was incorrectly sentenced as a "persistent offender." We agree that the twenty-four hour merger rule bars use of one of his previous convictions and therefore reverse and remand for resentencing as a "multiple offender" within Range II.

State vs. Andrew D. Bledsoe
M1999-00788-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: J. Randall Wyatt, Jr.
The defendant, after being convicted of reckless homicide, appeals his sentence of three and one-half years incarceration. He argues that the trial court incorrectly imposed an excessive sentence and that the trial court erred by not imposing any form of alternative sentence. We hold that a death, although unfortunate and tragic, standing alone, is insufficient to deny an alternative sentence given our legislative mandate that Range I standard offenders convicted of any Class D felony are presumed to be favorable candidates for alternative sentencing. Therefore, after careful review, we affirm the length of the sentence; however, we modify its manner of service to an alternative sentence of split confinement of one year and the remaining two and one-half years on probation.

Mark E. Oliver vs. State
M1999-02323-CCA-R3-PC
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Timothy L. Easter
The petitioner, Mark E. Oliver, appeals as of right from the dismissal of his petition for writ of habeas corpus. He contends that his original sentence of sixty years as a Range II offender for the offense of second degree murder is an illegal sentence because the trial court was without jurisdiction to sentence him under the Criminal Sentencing Reform Act of 1982. We hold that the trial court lacked jurisdiction to sentence the petitioner under the 1982 Act; therefore, the sentence imposed is an illegal sentence. We remand this case to the trial court for further proceedings consistent with this opinion.

Claude Garrett vs. State
M1999-00786-CCA-R3-PC
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Seth W. Norman
The defendant, after being convicted of first degree murder and sentenced to life imprisonment, was denied post-conviction relief by the Criminal Court of Davidson County. Defendant now appeals that denial and asserts that (1) the State withheld exculpatory evidence in violation of Brady v. Maryland, thereby undermining the confidence of the outcome of the trial; (2) the trial court erred by unconstitutionally instructing the jury; (3) the defendant was not afforded effective assistance of counsel; and (4) juror misconduct and bias violated the defendant's constitutional rights. The issue of juror misconduct was addressed by this court on direct appeal and, therefore, is not properly before this court. After review, we affirm the trial court's finding that the defendant received effective assistance of counsel; however, we reverse and remand the case for a new trial because the prosecution withheld exculpatory evidence in violation of Brady v. Maryland, thereby undermining the confidence in the outcome of the trial.

State vs. Toronda Sherelle Williams
M2000-00212-CCA-R3-CD
Authoring Judge: Judge Jerry Smith
Trial Court Judge: Seth W. Norman
Following a grand jury indictment, Toranda Williams, the defendant and appellant, was tried and convicted of first-degree murder in the Davidson County Criminal Court. On appeal, she argues (1) that the trial court erroneously admitted testimony about the results of a polygraph examination; (2) that the court erroneously admitted hearsay testimony; and (3) that the cumulative effect of these errors was substantial enough to require reversal. Because we find the trial court's error in admitting the polygraph test results was harmless, and because the issue regarding hearsay testimony has been waived for failure to include it in the motion for a new trial, we affirm the judgment of the trial court.

State vs. Jack Welch
W1999-00860-CCA-R3-PC
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: J. Steven Stafford

State vs. Frank Tate
W1999-01068-CCA-R3-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Bernie Weinman

State vs. Owens
W1997-00237-SC-R11-CD
Authoring Judge: Justice Adolpho A. Birch, Jr.
Trial Court Judge: Joseph B. Dailey