Opinions

Carl Scott and Alma Scott, v. Rogers Group, Inc.
M1999-00048-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Judge Barbara N. Haynes

This is a case involving breach of contract. Plaintiffs/appellants, Carl Scott and Alma Scott (referred to herein as “the Scotts”) appeal from the order of the trial court granting summary judgment to defendant/appellee, Rogers Group, Inc.

Johnnie Lamont Dalton v. State of Tennessee
M1999-00369-CCA-R3-PC
Authoring Judge: Judge L. Terry Lafferty
Trial Court Judge: Judge Seth W. Norman

The appellant, Johnnie Lamont Dalton, appeals the Davidson County Criminal Court’s dismissal of his petition for post-conviction relief. On May 5, 1997, the defendant entered a plea of guilty to murder second degree during the voir dire of a jury, wherein he was charged with the offense of murder first degree. The petitioner, collaterally, attacks his guilty plea and conviction for murder second degree upon the grounds of ineffective assistance of counsel. More specifically, he contends that trial counsel failed to (a) adequately investigate and prepare for trial; (b) failed to interview and subpoena state witnesses; and (c) failed to subpoena potential witnesses, including one witness who the defendant contends would have established that the defendant was not the murderer. The petitioner asserts that were it not for the above actions, he would not have pled guilty on the mistaken advice of counsel.  After a review of the record, we AFFIRM the trial court’s denial of post-conviction relief.

Robert Bean, Franklin Shaffer, David Autry, Mack Roberts, v. Ned Ray McWherter, Governor of the State of Tennessee, et al.
M1999-01493-COA-R3-CV
Authoring Judge: Presiding Judge Ben H. Cantrell

The appellants have asked the court to rehear this appeal because we did not address the facial conflict between the definitions of Class II and Class III wildlife, leaving the public without any guidance as to what species are in Class II. Since the possession of Class II wildlife without a permit is a crime, and no permit is required for the possession of those species in Class III, the determination of what is included in Class II is the critical determination. And a person of ordinary intelligence must be able to make it. State v. Thomas, 635 S.W.2d 114 (Tenn. 1982).

Ferris E. Watson v. Lynn Rose Watson
M1999-02527-COA-R3-CV
Authoring Judge: Judge Patricia J. Cottrell
Trial Court Judge: Judge Leonard Martin

This case involves a dispute over custody of two children upon their parents’ divorce. The trial court awarded custody to Lynn Rose Watson (“Mother”) with visitation to Ferris E. Watson (“Father”). Father appeals, claiming he is comparatively the better parent. We affirm the award of custody to Mother.

Gragg vs. Gragg
W1998-00734-SC-R11-CV
Authoring Judge: Justice Frank F. Drowota, III

State vs. Daniel
E1997-00142-SC-R11-CD
Authoring Judge: Justice Frank F. Drowota, III

State vs. Daniel
E1997-00142-SC-R11-CD
Authoring Judge: Justice Frank F. Drowota, III

Gregory James Harper vs. State
E1999-00798-CCA-R3-PC
Authoring Judge: Judge David H. Welles

E1999-02098-C)A-R3-CV
E1999-02098-C)A-R3-CV

E1999-02550-COA-R3-CV
E1999-02550-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard

State Farm Mutual Automobile Insurance vs. Brian Howard, et al
E1999-02558-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard

State vs. Danny Spradlin
E1995-00019-SC-R11-CD
Authoring Judge: Justice Adolpho A. Birch, Jr.
Trial Court Judge: D. Kelly Thomas, Jr.

Rutherford Co. Bd. of Ed. vs. Rutherford Co. Comm.
M1999-00288-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Robert E. Corlew, III
This is a declaratory judgment action on undisputed facts. The question for disposition is whether the Public Building Authorities Act of 1971 authorizes the Rutherford County Commission to direct the Rutherford County Public Buildings Authority to hire architects, select a contractor and prepare school building design plans for presentation to the Rutherford County School Board. The trial court held that it is the responsibility of the Rutherford County Board of Education to plan, locate, erect and furnish public schools in Rutherford County and that the Rutherford County Commission was without authority to direct the Rutherford County Public Buildings Authority to act in this respect. We affirm the trial court.

Brown vs. Wal-Mart
M1997-00138-SC-R11-CV
Authoring Judge: Justice E. Riley Anderson

03C01-9902-CC-00055
03C01-9902-CC-00055

State vs. Ricky Lee Turner
E1999-00919-CCA-R3-CD
Authoring Judge: Presiding Judge Joseph M. Tipton
Trial Court Judge: Buddy D. Perry

William George Baltrip vs. Roy K. Norris, et al . Carolyn Turner vs. Monroe Farmers Cooperative
E1999-02545-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard

Jeffrey L. Lawson v. University of Tennessee
E1999-02516-COA-R9-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Chancellor Sharon Bell

We granted this Rule 9, T.R.A.P., application to determine whether the defendant University of Tennessee (“the University”) can be sued for a violation of the federal Fair Labor Standards Act. We find that it cannot be sued for such violations under the current state of the law. Accordingly, we reverse the trial court’s order denying the University’s motion to dismiss.

E1999-02516-COA-R9-CV
E1999-02516-COA-R9-CV
Authoring Judge: Judge Charles D. Susano, Jr.

E1999-02518-COA-R3-CV
E1999-02518-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.

E1998-00745-COA-R3-CV
E1998-00745-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.

02525-COA-R3-CV
02525-COA-R3-CV

Rhonda Pritchett V.Brewer, Krause & Brooks & American Mining Insurance Co .
M1998-00715-SC-WCM-CV
Authoring Judge: Per Curiam
Trial Court Judge: Rhonda Pritchett
This case is before the Court upon motion for review pursuant to Tenn. Code Ann. _ 50-6-225(e)(5)(B), the entire record, including the order of referral to the Special Workers' Compensation Appeals Panel, and the Panel's Memorandum Opinion setting forth its findings of fact and conclusions of law, which are incorporated herein by reference; Whereupon, it appears to the Court that the motion for review is not well taken and should be denied; and It is, therefore, ordered that the Panel's findings of fact and conclusions of law are adopted and affirmed, and the decision of the Panel is made the judgment of the Court.

01C01-9808-CR-00325
01C01-9808-CR-00325
Trial Court Judge: Leon C. Burns, Jr.

00747-COA-R3-CV
00747-COA-R3-CV