Opinions

State of Tennessee vs. Gaile K. Owens
02C01-9806-CR-00182
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge Chris B. Craft

In this capital case, the appellant, Gaile K. Owens, appeals as of right the judgment of the Criminal Court of Shelby County denying her petition for postconviction relief. In 1986, the appellant was convicted of accessory before the fact to first degree murder. In a joint trial, the appellant’s co-defendant, Sidney Porterfield, was also convicted of first degree murder and following a separate sentencing hearing, both were sentenced to death by electrocution. The appellant’s conviction and sentence were affirmed on direct appeal by the Tennessee Supreme Court. See State v. Porterfield, 746 S.W.2d 441 (Tenn.), reh’g denied, (1988), cert. denied, 486 U.S. 1017, 108 S.Ct. 1756 (1988).

State vs. Terrell Jackson
W2001-00901-CCA-R3-PC
Authoring Judge: Judge Gary R Wade
Trial Court Judge: Arthur T. Bennett
The petitioner, Terrell E. Jackson, appeals the trial court's denial of post-conviction relief. The issues presented for review are whether the petitioner was denied the effective assistance of counsel and whether he entered a knowing and voluntary guilty plea. The judgment is affirmed.

State vs. Jerry Darrell Duncan
03C01-9808-CR-00300

State vs. Harrison Pearson
03C01-9802-CR-00076
Trial Court Judge: Stephen M. Bevil

State vs. Roger Vance
03C01-9808-CC-00317

Hathaway vs. First Family Financial Svcs.
01S01-9811-FD-00203
Trial Court Judge: John T. Nixon

Concrete Spaces vs. Sender
01S01-9812-CH-00224
Trial Court Judge: Cecil Crowson

Hawkins vs. Hart
01S01-9811-CV-00199

Edwin Elam vs. Martha Elam
02A01-9812-CH-00362
Trial Court Judge: Dewey C. Whitenton

02A01-9908-CH-00237
02A01-9908-CH-00237

03C01-9809-CC-00316
03C01-9809-CC-00316

Imogene Dixon v. State
03S01-9810-BC-00111
Authoring Judge: Howell N. Peoples, Special Judge
Trial Court Judge: The Honorable

Rita L. England v. Cigna Insurance Co.
01S01-9804-CH-00082
Authoring Judge: Per Curiam
Trial Court Judge: Hon. Irvin H. Kilcrease

Tire Shredders vs. ERM
02A01-9803-CV-00058
Trial Court Judge: James F. Russell

Schering Plough Healthcare vs. State Bd. of Equalization
02S01-9810-CH-00096

Abdullah Morrison v. State of Tennessee
W2006-02480-CCA-R3-PC
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Arthur T. Bennett

State vs. Johnny Shields
W2001-01554-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Donald H. Allen
Appellant, Johnny Shields, was convicted of two counts of aggravated sexual battery, a class B felony, following a jury trial. The trial court sentenced Shields, as a Range I offender, to concurrent eleven year sentences in the Department of Correction. On appeal, Shields raises the following issues: (1) whether the evidence was sufficient to support the verdicts, and (2) whether his sentences were proper. After a review of the record, we affirm Shields' convictions but modify his sentences due to misapplication of enhancing and mitigating factors.

Lee Simmons vs. City of Lexington
02A01-9810-CH-00282
Trial Court Judge: Joe C. Morris

James Cozart vs. Lynn Cozart
02A01-9810-CV-00285
Trial Court Judge: James F. Russell

State vs. Tracy Lebron Vick
03C01-9803-CR-00100
Trial Court Judge: Stephen M. Bevil

State vs. Tracy Lebron Vick
03C01-9803-CR-00100
Trial Court Judge: Stephen M. Bevil

State vs. Robin Dehart
03C01-9807-CC-00234
Trial Court Judge: D. Kelly Thomas, Jr.

Edward T. Kendricks vs. State
03C01-9806-CR-00205

State vs. Melvin Jerome Anderson
03C01-9808-CC-00293
Trial Court Judge: James B. Scott, Jr.

M. S. Carriers, Inc. v. William Oringe
02S01-9804-CV-00042
Authoring Judge: L. Terry Lafferty, Senior Judge
Trial Court Judge: Hon. James F. Russell, Judge
This workers' compensation appeal was referred to the Special W orkers' Compensation Appeals Panel of the Supreme Court pursuant to Tenn. Code Ann. _ 5-6- 225(e)(3) (Supp. 1998) for a hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The plaintiff/counter-defendant employer in this case, M.S. Carriers, Inc., originally filed a petition against the defendant/counter-plaintiffemployee, William Oringe, requesting a dismissal of Mr. Oringe's workers' compensation claim for an injury that the company alleged was not work-related. Mr. Oringe filed an answer and counter-complaint for benefits against the company. To avoid confusion on appeal, we will refer to Mr. Oringe as "the claimant" and to M.S. Carriers, Inc., as "the employer." The case was tried on March 9, 1998. The trial judge found that the claimant failed to prove that his injury arose out of and in the course of employment with M.S. Carriers, Inc., on January 16, 1997. The claimant presents several issues on appeal that can be summarized as follows: (1) Whether the trial court erred in allowing a computer printout surrounding the date in question to be used in the testimony of David Work, the claimant's supervisor at the time of the accident; and (2) whether the trial court erred in finding that the claimant did not sustain a work-related injury. After a careful review of the record, we find that the judgment of the trial court must be affirmed. At the time of trial, the claimant testified that he was a 33-year-old high school graduate with some vocational training in welding and truck driving, as well as experience as a supply clerk in the National Guard. He worked for the employer, M.S. Carriers, Inc., as an over-the-road truck driver from October of 1991 until January of 1997. In addition to driving a truck, the claimant was responsible for loading and unloading various types of cargo at their destinations. He testified that he had sustained two previous injuries to his back while working for the employer. The first injury occurred in 1993 or 1994 and healed normally. The second injury occurred on October 18, 1996, while the claimant was unloading a refrigerator from a truck with a two-wheeler, and his back "popped." He was treated by his family physician, Dr. James R. Jacobs, who referred him to a neurosurgeon, Dr. Gregory F. Ricca. An MRI revealed a bulging disc, and the claimant was released from 2