Ingram Industries, Inc. v. Carless Dyke Keller
E1999-00703-WC-R3-CV
Authoring Judge: Lafferty, Sr. J.
Trial Court Judge: Telford E. Forgety, Jr., 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 to the Supreme Court of findings of fact and conclusions of law. The trial court awarded the plaintiff 24 percent vocational disability to the body as a whole. The defendant contends that the preponderance of the evidence does not support thetrial court's award. We affirm.

State vs. Nichols
M1997-00260-SC-R11-CD
Authoring Judge: Justice Adolpho A. Birch, Jr.
Trial Court Judge: Thomas H. Shriver

State vs. Jeffrey L. Hammons
M1999-00756-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: J. O. Bond

State vs. Jayson Soriano
M1999-00999-CCA-R3-PC
Authoring Judge: Judge David H. Welles
Trial Court Judge: Seth W. Norman

State vs. Glenn A. Saddler
M1999-00934-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: James O. Bond

State vs. DeJuan Jacques Scott
M1999-01672-CCA-R3-CD
Authoring Judge: Presiding Judge Joseph M. Tipton
Trial Court Judge: Cheryl A. Blackburn

Durroccus D. Harris vs. State
M1999-02171-CCA-R3-PC
Authoring Judge: Judge Gary R Wade
Trial Court Judge: James K. Clayton, Jr.

State of Tennessee v. Christopher D. Thacker
M1999-01426-CCA-R3-CD
Authoring Judge: Judge Gary R Wade
Trial Court Judge: J. Curtis Smith

State vs. James Malcolm Davis
M2000-00089-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Stella L. Hargrove

State vs. David Barron
W1999-01134-CCA-R3-PC
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: C. Creed Mcginley

State vs. Sonny Yarbro
W1999-01469-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Carolyn Wade Blackett

State vs. Adams
W1997-00190-SC-R11-CD
Authoring Judge: Justice William M. Barker
Trial Court Judge: Chris B. Craft

State vs. Smith
W1998-00156-SC-R11-CD
Authoring Judge: Justice William M. Barker
Trial Court Judge: Julian P. Guinn

In this appeal, we address whether prior inconsistent statements can be used substantively to corroborate a confession when the prior statements are admitted into evidence without objection. We also consider whether the failure of the trial court to instruct the jury as to the limited use of the prior statements constitutes plain error. The Court of Criminal Appeals held that prior inconsistent statements could not be used as substantive evidence and that the failure of the trial court in this case to give a limiting instruction amounted to plain error. For the reasons stated herein, we hold that by not objecting to the admission of the statements, the appellee waived any objection to their use by the jury as substantive evidence to corroborate the appellee’s two confessions. Consequently, we hold that the evidence in this case is sufficient to support a finding of guilt beyond a reasonable doubt. Finally, because the decision to forgo any objection to the hearsay testimony was a deliberate, tactical decision by trial counsel, we are precluded from considering admission of the evidence under a plain error analysis. We reverse the judgment of the Court of Criminal Appeals and reinstate the appellee’s conviction and sentence for aggravated sexual battery.

State of Tennessee v. Sonny Yarbro
W1999-00770-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: C. Creed Mcginley

State vs. Lawrence White
W1999-00735-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: C. Creed Mcginley

State vs. Scotty Murphy
W1999-00728-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: C. Creed Mcginley

Graves vs. Cocke
E1999-01387-SC-R3-CV
Authoring Judge: Justice Frank F. Drowota, III
Trial Court Judge: Richard R. Vance

Morris Slutsky, et ux vs. City of Chattanooga, et al
E1999-00196-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: W. Neil Thomas, III

State vs. Mark Steven Marlowe
E1998-00873-CCA-R3-CD
Authoring Judge: Judge Gary R Wade
Trial Court Judge: W. Lee Asbury

State vs. John Farner
E1999-00491-CCA-R3-CD
Authoring Judge: Presiding Judge Joseph M. Tipton
Trial Court Judge: R. Jerry Beck

Raymond Hicks v. Wilbert Vault Company.
W1999-00182-WC-R3-CV
Authoring Judge: F. Lloyd Tatum, Senior Judge
Trial Court Judge: Joe C. Morris, Chancellor
This is an appeal by the employer, Wilbert Vault Company, from a judgment awarding worker's compensation benefits to the employee, Raymond Hicks, based upon a finding that the employee sustained 40 percent permanent partial disability to the body as a whole. On this appeal, the defendant/employer presents issues alleging that the trial court erred in finding that the plaintiff/employee sustained any permanent disability as a result of the work-related injury and that the award of 40 percent permanent partial disability to the body as whole was excessive and not supported by a preponderance of the evidence. Upon our de novo review, we find that the award should be based upon permanent partial disability of 30 percent to the body and modify the judgment accordingly.

Jones vs. H.G. Hill Realty Co.
M1999-00633-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Russell Heldman

Whiteaker vs. City of Cookeville
M1999-00732-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: John A. Turnbull

Newton, et al vs. Ceasar, et al
M2000-01117-COA-R10-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Jim T. Hamilton

Terry Howard vs. Jack Morgan, et al
M2000-00548-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: Jeffrey S. Bivins
In this case, a prisoner appeals from dismissal of his lawsuit on the basis that the allegation of poverty in his affidavit of indigency was false. Because the record includes a certified copy of the prisoner's trust account statement showing a balance from $1,100 to over $1,200, we affirm.