Bobbie Jo Coker v. Modern Mold Internationa, Inc. d/b/a M1999-01521-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. The employee or claimant, Coker, began working for National Pen in 1995 and worked at several different jobs, all requiring repetitive use of the hands and arms. In early 1997, she began to experience pain in her right wrist and elbow, but did not report it to the employer or seek medical care. She did report two other injuries in 1997, for which she sought and received medical benefits and had her name placed on the bulletin board. Having one's name placed on the bulletin board had a negative effect on bonuses at National Pen. At about the same time, in June of 1997, the claimant purchased a computer and began taking -2-
Bedford
Workers Compensation Panel
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 ex rel Ledbetter vs. Godsey M1998-00958-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: Conrad E. Troutman, Jr.
Fentress
Court of Appeals
Chase vs. Springer M1999-01038-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Walter C. Kurtz
Davidson
Court of Appeals
Fell vs. Rambo M1999-01039-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Lee Russell
Marshall
Court of Appeals
Elrod vs. JCPenney Life Ins . M1999-02195-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: John O. Wootton
Jackson
Court of Appeals
Hart vs. State W1997-00188-SC-R11-CO
Authoring Judge: Justice Adolpho A. Birch, Jr.
Trial Court Judge: J. Steven Stafford
Lake
Supreme Court
State vs. Pierce E1997-00053-SC-R11-CD
Authoring Judge: Justice Frank F. Drowota, III
Trial Court Judge: R. Jerry Beck
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.
Davidson
Court of Criminal Appeals
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.
Davidson
Court of Criminal Appeals
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.
Marshall
Court of Criminal Appeals
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.
Hickman
Court of Criminal Appeals
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.
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
