R.G. Burnett vs. James Swafford & Rhonda Swafford
M1999-01648-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Billy Joe White
This appeal arises from an oral contract between a landlord and tenant. The plaintiff operated a grocery and leased a grocery store to the defendant for a period of ten years, pursuant to a written lease. The parties had a separate oral agreement in which the defendant agreed to buy the plaintiff's business. When the defendant vacated the property at the end of the lease, the parties disagreed as to whether the oral agreement included a purchase of the store equipment. The trial court found that the plaintiff had converted certain items belonging to the defendant, and entered a judgment in favor of the defendant for $5,000. We find that the trial court's decision is based on its determinations of credibility, and affirm.

Randall Jordan vs. CSX Transportation, Inc.
M1999-01415-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Hamilton V. Gayden, Jr.
This is a suit by an employee against his employer, a railroad operator, under the Federal Employers' Liability Act. The employee alleged that he suffered injuries caused by chemical solvents used by the employer. Prior to trial, the employer made an offer of judgment under Rule 68 of the Tennessee Rules of Civil Procedure. This offer was refused. After the trial, the jury found that the employee failed to prove that his injuries were caused by the chemical solvents. The employer moved for an award of costs not included in the court clerk's bill of costs, under Rules 68 and 54.04 of the Tennessee Rules of Civil Procedure. The employee moved for a new trial. The trial court denied both parties' motions, and both parties appealed. We affirm the trial court's denial of both parties' motions.

Marvin Matthews v. State of Tennessee
W1999-00833-CCA-R3-PC
Authoring Judge: Presiding Judge Gary R Wade
Trial Court Judge: Judge Carolyn Wade Blackett

The petitioner, Marvin Matthews, appeals the trial court's dismissal of his petition for post-conviction relief. Because the petition is barred by the statute of limitations, among other reasons, the judgment of the trial court is affirmed.

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Jerry L. Cox v. State of Tennessee
E2000-02044-CCA-R3-PC
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Judge R. Jerry Beck

Jerry L. Cox appeals from the Sullivan County Criminal Court's denial of motions in which he raised various claims related to sentence calculation and sentence validity. In part, Cox seeks the benefit of various sentence credits for the sentence he is presently serving in the Department of Correction. He also alleges that one of his sentences is void or has expired. Because there is no appeal as of right from the denial of Cox's motions challenging his sentences, we dismiss the appeal.

Charles Frank Griffin v. State of Tennessee
E2000-00584-CCA-R3-PC
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Judge Douglas A. Meyer

The Hamilton County Criminal Court dismissed Charles Griffin's petition for post-conviction relief. Asserting claims of ineffective assistance of counsel, he appeals. Finding no error, we affirm.

State of Tennessee v. Jeffrey T. Siler
E2000-01570-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge Mary Beth Leibowitz

Defendant was convicted by a Knox County jury of the offense of felony murder and received a life sentence. He raises the following two issues on appeal: (1) whether the trial court erred in denying his motion to suppress his confession; and (2) whether the trial court erred in disallowing certain expert testimony. We affirm the judgment of the trial court.

State of Tennessee v. Thomas Faulkner, Jr.
E2000-00309-CCA-R3-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Judge Rex Henry Ogle

Thomas J. Faulkner, Jr. stands convicted of four counts of attempted first degree murder and one count of theft over $1,000. He received his sentence at the conclusion of a jury trial in the Grainger County Circuit Court and is presently serving an effective 73-year sentence for these crimes. In this direct appeal, he raises numerous issues related to admission of evidence, release of a juror, sufficiency of the evidence, severance, jury instructions and sentencing. Upon review, we are unpersuaded of error and therefore affirm the judgment of the trial court.

State of Tennessee v. Thomas J. Faulkner, Jr. - Concurring
E2000-00309-CCA-R3-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Judge Rex Henry Ogle

I concur in the results and most of the reasoning in the majority opinion. However, I respectfully disagree with the view indicated in section VII of the majority opinion that the law is split regarding the need for supplemental post-trial instructions to be submitted in writing pursuant to Rule 30(c), Tenn. R. Crim. P. I believe that the Rule and binding precedent require such to be in writing.

Stephan LaJuan Beasley v. State of Tennessee
E2000-01336-CCA-R3-PC
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge Douglas A. Meyer

The petitioner was originally convicted by a Hamilton County jury of first degree murder and received a sentence of life imprisonment without the possibility of parole. The conviction was affirmed on direct appeal. The petitioner sought post-conviction relief, which was denied. In this appeal, the petitioner contends (1) his trial counsel provided ineffective assistance of counsel, and (2) he was denied the right to testify at trial and at sentencing. After a thorough review of the record, we conclude that the post-conviction court correctly denied post-conviction relief.

Michelle Estes v. Toshiba America Consumer Products,
M2000-00546-WC-R3-CV
Authoring Judge: Weatherford, Sr. J.
Trial Court Judge: J. O. Bond, Judge
The defendants, Toshiba America Consumer Products, Inc. and Travelers Insurance Co. appeal the judgment of the Criminal Court of Wilson County, where the trial court found: (1) the plaintiff, Mrs. Michelle Estes, had sustained a five percent (5%) permanent partial disability to the body as a whole due to her work-related injuries; (2) Mrs. Estes had a twelve and one-half percent (12_ %) vocational disability and was limited to a recovery of two and one-half (2 _) times her impairment rating pursuant to Tennessee Code Annotated _ 5-6-241(a)(1); and (3) defendants liable for payment of $1,286. for chiropractic treatment rendered to Mrs. Estes by Dr. Frank C. Etlinger, D.C.. The defendants submit that the trial court erred in determining that Mrs. Estes is vocationally impaired as a result of her work-related injury and in determining that the defendants were liable for payment for the unauthorized treatment of Dr. Etlinger. For the reasons discussed in this opinion we find that the judgment of the trial court should be reversed and the cause dismissed.

James R. Davidson v. Montgomery County
M1999-02066-WC-R3-CV
Authoring Judge: Lee Russell, Sp. J.
Trial Court Judge: Robert Wedemeyer, Circuit Court Judge
The Appellant appeals from the dismissal of his claim and seeks an award for permanent partial disability benefits, temporary total disability benefits, and specified medical expenses. After a complete review of the entire record, the briefs of the parties, and the applicable law, we affirm the dismissal of the claim by the trial court.

Carl Wayne Griffin v. Consolidated Freightways
M1999-02213-WC-R3-CV
Authoring Judge: Lee Russell, Sp. J.
Trial Court Judge: James O. Bond, Criminal Court Judge
The sole issue raised on appeal is whether the trial court's award of sixty percent permanent partial disability to each lower extremity is excessive. After a complete review of the entire record, the briefs of the parties, and the applicable law, We affirm the judgment of the trial court.

Joe W. Dillard v. Textron Aerostructures, A Division of Avco
M2000-01558-WC-R3-CV
Authoring Judge: John K. Byers, Sr. J.
Trial Court Judge: Ellen Hobbs Lyle, Chancellor
The trial court found the plaintiff sustained a 75 percent permanent partial vocational disability to the body as a whole. The defendant says the record does not support the finding that the plaintiff experienced a permanent anatomical change or a permanent aggravation of his pre-existing condition as a result of an incident on October 18, 1995, and January 2, 1996. The defendant also says the award, if any, should be limited to two and one-half times the medical impairment rating. We affirm the judgment of the trial court.

Shirley Alexander v. Bridgestone/Firestone, Inc.
M2000-00632-WC-R3-CV
Authoring Judge: John K. Byers, Sr. J.
Trial Court Judge: Robert E. Corlew, III, Chancellor
The plaintiff filed two suits against the plaintiff. One of the suits was for an alleged injury to or aggravation of a pre-existing injury to her right leg. The case was assigned the trial court number of 98-WC-1614. The other suit, filed on the same day was for an alleged injury to the plaintiff's left knee or leg and was assigned number 98-WC-1615. The cases were consolidated for trial and are consolidated for the appeal. The trial judge found the plaintiff did not show any injury to her right knee or leg or any compensable aggravation thereof. The trial judge found the plaintiff had sustained a compensable injury to her left knee and awarded her seventy percent permanent partial disability for the injury. We affirm the judgment of the trial court.

Boyd Adams v. Galaxy Logistics,
M2000-01552-WC-R3-CV
Authoring Judge: Joe C. Loser, Jr., Sp. J.
Trial Court Judge: James E. Walton, Judge
In this appeal, the employer insists (1) the trial court erred in finding that the worker's injury to his left leg was caused by a work-related injury to the right leg, (2) that the award of permanent partial disability benefits based on 8 percent to both legs is excessive, and (3) the trial court erred in commuting the award to a lump sum. As discussed below, the panel has concluded the judgment should be affirmed.

Loews Vanderbilt Plaza Hotel v. Stephanie Keaton Simon
M1999-02576-WC-R3-CV
Authoring Judge: Carol Catalano, Sp. J.
Trial Court Judge: Ellen Hobbs Lyle, Chancellor
The defendant employee, Stephanie Keaton Simon, raises two issues, arguing that the trial judge erred in (1) failing, in the face of reasonable doubt regarding causation, to grant all inferences to Simon, and (2) finding that Simon's injury did not arise in the course of her employment. The Panel concludes that the evidence does not preponderate against the finding that Simon's injury arose outside the course of her employment. Furthermore, we do not find error in the trial court's asserted failure to resolve all reasonable doubt in Simon's favor regarding causation. Therefore, we affirm the judgment of the Chancery Court for Davidson County.

Richard Dan Moorehead v. Ryder Integrated Logistics,
M2000-00425-WC-R3-CV
Authoring Judge: Weatherford, Sr. J.
Trial Court Judge: Carol Soloman, Judge
The defendant, Ryder Integrated Logistics, Inc., appeals the judgment of the Circuit Court of Davidson County, where the trial court allowed reconsideration of the plaintiff's industrial disability under Tennessee Code Annotated _ 5-6-241(a)(2) and awarded a sixty percent (6%) disability to the body as a whole with a credit for earlier payments made pursuant to the original settlement order between the parties filed in the Chancery Court of Davidson County. The defendant submits that the trial court erred: (1) by allowing the plaintiff a reconsideration of his earlier award when he had received in excess of the two and one-half (2 _) cap upon advice of former counsel; (2) by awarding additional disability benefits when the employee failed to establish disability to the extent of thirty-two and one-half (32.5%) percent he had already received; and (3) by awarding disability benefits of five (5) times the impairment rating without making specific findings of fact required by Tennessee Code Annotated _ 5-6-241(c). Under the recent ruling of the Tennessee Supreme Court in Freeman v. Marco Transportation Co., 27 S.W.3d 99 (Tenn. 2), in which the Court held that a request for reconsideration brought pursuant to Tennessee Code Annotated _ 5-6-241(a)(2) must be filed in the same court that exercised jurisdiction over the original workers' compensation claim, we do not reach the issues raised by the defendant and find that the judgment of the trial court should be reversed and the cause dismissed without prejudice. Under the savings statute, the plaintiff can refile his request for reconsideration in the Chancery Court of Davidson County within one year of the date of judgment that is the final deposition in this case.

Timothy Sipe v. Aquatech, Inc. and Travelers Insurance Cos.
M1999-02030-WC-R3-CV
Authoring Judge: Lee Russell, Sp. J.
Trial Court Judge: Vernon Neal, Chancellor
The Appellant appeals from the amount of the award of permanent partial disability benefits. After a complete review of the entire record, the briefs of the parties, and the applicable law, we affirm the award made by the trial court.

Ric Ky S Hor T v. D Ietz Mo Bile Hom E Tr Ans Por T,
M1999-01460-WC-R3-CV
Authoring Judge: Lee Russell, Sp.J
Trial Court Judge: John A. Turnbull, Circuit Judge
The Appellants, Dietz Mobile Home Transport (hereinafter called the "Employer") and ITT Hartford Insurance Company (hereinafter the "Carrier") contest the amount of the trial court's award of permanent partial disability benefits on three grounds: (1) that the trial judge established and relied upon an anatomical impairment that was not a rating given by any of the three doctors who testified and that the impairment rating was too high under all of the facts in the case; (2) that the trial judge erroneously found that Ricky Short (hereinafter the "Claimant") did not have a meaningful return to work and therefore erroneously failed to cap the award at two and a half times the anatomical rating; and (3) that the trial judge's award of sixty percent permanent partial disability to the body as a whole was excessive. After a complete review of the entire record, the briefs of the parties, and the applicable law, we affirm the judgment of the trial court on all of the issues raised.

State of Tennessee v. Steven T. Wall
M2000-01059-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge John H. Gasaway, III

The defendant was convicted by a Montgomery County jury of driving under the influence of an intoxicant (DUI) and vehicular assault. In this appeal as of right, the defendant raises two issues for our review: (1) whether the evidence was sufficient to support his convictions; and (2) whether both convictions can stand without violating his right to be protected against double jeopardy. Having reviewed the entire record, we conclude that the evidence is sufficient to support convictions for DUI and vehicular assault, but that both convictions cannot stand without violating principles of double jeopardy. The conviction for DUI is, therefore, vacated. The remaining conviction for vehicular assault and the sentence imposed by the trial court are affirmed.

State of Tennessee v. Brian Russell Webb
M2000-00743-CCA-R9-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge John H. Gasaway, III

The Defendant, Brian Russell Webb, was charged with driving under the influence (DUI), reckless driving, violation of the implied consent law, speeding, evading arrest, theft of property valued at more than $10,000 and vandalism. He pled guilty to the DUI, and upon motion of the State, the trial court dismissed the charges for reckless driving and violation of the implied consent law. The Defendant filed an application for pretrial diversion for the remaining charges, which the prosecutor subsequently denied. The Defendant then filed a petition for a writ of certiorari, seeking review of the prosecutor's denial of his application for diversion. After a hearing, the trial court found that the State had abused its discretion and ordered the Defendant placed on pretrial diversion. In this appeal, pursuant to Tenn. R. App. P. 9, the State contends the trial court erred in finding that the prosecutor abused his discretion in denying pretrial diversion. We reverse the judgment of the trial court and remand this matter for further proceedings consistent with this opinion.

State of Tennessee v. Marvin D. Brown, a/k/a Melvin Taylor
M2000-00388-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge Steve R. Dozier

The defendant, Marvin D. Brown, a/k/a/ Melvin Leroy Taylor, was convicted by a jury in the Davidson County Criminal Court of theft of property, a Class D felony. The trial court sentenced Defendant as a career offender to twelve years and ordered that it be served consecutive to a previously imposed sentence, for which parole had been revoked. In this appeal, Defendant contends that the evidence was insufficient to convict him for theft but, rather, the proof supported a conviction of joyriding, a Class A misdemeanor. Based upon applicable law and a review of the record, we affirm the judgment of the trial court.

Douglas Williams v. Walden Security
M2000-01273-WC-R3-CV
Authoring Judge: Loser, Sp. J.
Trial Court Judge: Irving H. Kilcrease, Chancellor
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 of findings of fact and conclusions of law. In this appeal, the employer, Walden Security, insists (1) the injured employee was not a covered employee at the time of his accidental injury, (2) the award of permanent partial disability benefits is excessive, (3) the trial court erred in assessing statutory penalties, and (4) the trial court erred in commuting the award of permanent disability benefits to a lump sum. As discussed below, the panel has concluded the judgment should be affirmed.

State of Tennessee v. Ammon B. Anderson
M2000-01183-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Allen W. Wallace

The defendant was indicted for aggravated sexual battery for engaging in sexual contact with a ten-year-old girl with Down's Syndrome. He filed a motion to dismiss the indictment, based on the loss of the tape recording of his interview with a Department of Children's Services caseworker and a police officer, and a motion to suppress his one paragraph statement of admission, consisting of the officer's summary of the interview. Following the trial court's denial of the motions, the defendant entered a plea of nolo contendere to attempt to commit aggravated sexual battery, reserving as a certified question of law, pursuant to Rule 37(b)(2)(i) of the Tennessee Rules of Criminal Procedure, whether the trial court erred in denying his motion to dismiss based on the loss of the tape recording of the interview. Arguing that the statement of admission is subject to misinterpretation when taken out of the context of the entire interview, the defendant contends that his right to a fair trial was compromised by the loss or destruction of the tape recording. After a thorough review of the record and of applicable law, we conclude that the loss of the tape recording did not unfairly prejudice the defendant's case. Accordingly, we affirm the defendant's conviction of attempt to commit aggravated sexual battery.