Opinions

State vs. Charles Elsea, Jr.
03C01-9901-CR-00031

State vs. J.D. Edward Ealey
03C01-9902-CR-00075

Trial Court Judge: James E. Beckner

Momon vs. State
E1996-00007-SC-R11-PC

E1998-00176-SC-R11-CV
E1998-00176-SC-R11-CV

Momon vs. State
E1996-00007-SC-R11-PC

Shirley Clark v. Humboldt Healthcare, Inc., d/b/a Parkview Nursing and Rehabilitation Center
02S01-9903-CH-00029
Authoring Judge: J. Steven Stafford, Special Judge
Trial Court Judge: Hon. George R. Ellis,
This worker's compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. _ 50-6-225(e) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The issues presented by the defendant for our review are as follows: 1. Whether the trial court erred in awarding the plaintiff interest on a judgment for benefits not yet accrued where the award was not reduced to a lump sum award; and 2. Whether the trial court erred in awarding discretionary costs for the deposition of Dr. R.J. Barnett, for obtaining medical records, and for a filing fee and service fee.

M1997-00020-SC-R11-CD
M1997-00020-SC-R11-CD

Trial Court Judge: Ann Lacy Johns

In State v. Anthony, 817 S.W.2D 299 (Tenn. 1991) Bars The Defendant'S Separate
M1997-00019-SC-R11-CD

03C01-9812-CC-0441
03C01-9812-CC-0441

Trial Court Judge: Buddy D. Perry

State vs. David Lee Hurst
03C01-9901-CC-00011

Trial Court Judge: James B. Scott, Jr.

John Ailworth v. Roadway Express, Inc.
01S01-9808-CV-00146
Authoring Judge: Per Curiam
Trial Court Judge: Hon. Thomas Brothers,
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. The employer contends that the trial court erred in awarding compensation for temporary total disability and permanent partial disability and in

Herman Holston v. State of Tennessee
W2004-00461-CCA-R3-PC
Authoring Judge: Judge David H. Welles
Trial Court Judge: J. C. Mclin

Mark Griffis vs. State
03C01-9811-CR-00397

Trial Court Judge: E. Eugene Eblen

State vs. Marsha Trentham
03C01-9811-CC-00405

Trial Court Judge: Richard R. Vance

William Logan vs. State
03C01-9808-CR-00287

Trial Court Judge: Ben K. Wexler

Kennedy vs. Trammel
M1999-00538-COA-R3-CV

Trial Court Judge: Clara W. Byrd

M1999-00540-COA-R3-CV
M1999-00540-COA-R3-CV

Trial Court Judge: Irvin H. Kilcrease, Jr.

Merrimack Mutual Fire Ins. Co. vs. Gloria Batts
M1999-00078-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Carol L. Mccoy
This appeal involves a dispute between a homeowner and her insurance company regarding the damages to her house caused by the tornado that struck Nashville on April 16, 1998. When they could not agree on the amount of the loss, both parties invoked the insurance policy's provision for the appointment of appraisers. After the parties' two appraisers could not agree on the amount of the loss, the two appraisers selected a third appraiser who eventually agreed with the homeowner's appraiser regarding the amount of the loss. The insurance company filed suit in the Chancery Court for Davidson County, seeking a declaratory judgment that it was required to pay the homeowner less than one-half of the amount of the loss calculated by the two appraisers. Both parties filed motions for partial summary judgment. The trial court granted the insurance company's motion, concluding that the insurance policy's appraisal clause was not an agreement for binding arbitration and that the appraisers had not been empowered to determine whether parts of the claimed damage had been caused by a peril covered by the policy. The homeowner takes issue with both of the trial court's legal conclusions on this appeal. We have determined that the trial court interpreted the insurance policy correctly and, therefore, that the trial court properly concluded that the insurance company was entitled to a judgment as a matter of law.

Buford vs. TDOC
M1998-00157-COA-R3-CV

Trial Court Judge: Ellen Hobbs Lyle

Crumbley vs. Crumbley
M1998-00158-COA-R3-CV

Trial Court Judge: Jeffrey F. Stewart

Clark vs. Service Corp. Int'l.
M1998-00160-COA-R3-CV

Trial Court Judge: Irvin H. Kilcrease, Jr.

X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX

Trial Court Judge: R. Jerry Beck

X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX

Trial Court Judge: James E. Beckner

State of Tennessee Henry Circuit v. Brenda Anne Burns
W1996-00004-SC-R11-CD
Authoring Judge: Justice William M. Barker
Trial Court Judge: Judge Julian P. Guinn

Defendant/appellee Brenda Burns was tried and convicted of criminal responsibility for the commission of first-degree murder in the death of her ex-husband, Paul Burns.1 The Court of Criminal Appeals reversed the conviction on the basis that trial counsel was ineffective in failing to interview two potential defense witnesses and present the testimony of those witnesses before the jury. The State filed an Application for Permission to Appeal contesting the intermediate court’s reversal of the defendant’s conviction on that basis. The defendant filed a Cross-Application for Permission to Appeal raising, among other issues, whether the trial court had committed reversible error by failing to instruct the jury on the lesser-included offenses of facilitation of a felony (i.e., first-degree murder), Tenn. Code Ann. § 39- 11-403 (1991), and solicitation to commit a criminal offense (i.e., first-degree murder), Tenn. Code Ann. § 39-12-102 (1991). We granted both Applications in order to address these important issues.

William D. Hunley and wife, Brenda K. Hunley, and Velvac, Inc., v. Silver Furniture Mfg. Co. and Tab Service Corp. - Dissenting
03A01-9902-CV-00049
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Judge Harold Wimberly

I dissent from the majority’s holding that the workers’ compensation carrier for Mr. Hunley’s employer is subrogated, without further inquiry, to the proceeds of Mrs. Hunley’s settlement of her loss of consortium claim that arose out of the work-related injuries sustained by her husband.