James E. Martin vs. State of Tennessee
03C01-9807-CR-00253
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge Lynn W. Brown

The Petitioner, James E. Martin, appeals as of right the trial court’s dismissal of his petition fo r writ of habeas corpus relief. After a careful review of the record, we affirm the judgm ent of the trial court.

Donald Sweeney and Vickie Sweeney Moulton, et al., v. Eric Erwin
01A01-9807-CH-00387
Authoring Judge: Presiding Judge Ben H. Cantrell
Trial Court Judge: Chancellor Allen W. Wallace

This is an appeal from a chancery decree awardingspecific performance to the purchasers of a tract of real estate and denying a counterclaim for rent. The lower court rendered the decree after a full evidentiary hearing on the merits. The appellant has not furnished this court with a transcript of the evidence heard at the trial.

Mary Jean Brewer, v. Edward Lelon Brewer, Jr.
01A01-9710-CH-00611
Authoring Judge: Presiding Judge Ben H. Cantrell
Trial Court Judge: Chancellor Robert E. Corlew, III

This case tests the power of the trial court to order an adult, slightly handicapped child to visit his father. The Chancery Court of Rutherford County held that it was the duty of the court to require the visitation. We hold that under the circumstances of this case the court exceeded its jurisdiction.

State of Tennessee vs. John C. Cone
01C01-9805-CR-00227
Authoring Judge: Judge John H. Peay
Trial Court Judge: Judge Seth Norman

The defendant was charged with vandalism, three counts of aggravated assault, and two counts of assault. Pursuant to a plea agreement, he pled guilty to vandalism and two counts of aggravated assault, receiving a sentence of one year on the vandalism count and four years on each aggravated assault count, to be served concurrently. Following a sentencing hearing to determine the manner of service, the trial court denied probation. The defendant now appeals, arguing that the trial court erred in denying probation because it perceived inconsistencies in the defendant’s statements and did not allow the defendant to clarify the evidence through his statutory right of allocution prior to sentencing. Finding no error, we affirm.

Peggy Ann Bouchillon Brasfield v. Jimmy Carroll Brasfield - Concurring
03A01-9804-CH-00144
Authoring Judge: Judge Herschel P. Franks
Trial Court Judge: Chancellor Jerry Beck

This is an appeal from a reduction in ordered child support.

State of Tennessee v. Otis J. Wickfall
02C01-9711-CR-00442
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge W. Fred Axley

The Defendant, Otis J. Wickfall, ap peals as of right his conviction for first degree murder in the Shelby County Crimina l Court. Defendant was sentenced to life imprisonment. In this appeal, Defendant raises the following issues:  I. Whether the trial court erred in denying Defendant’s Motion for Judgment of Acquittal based on the evidence presented by the State;  II. Whether the trial court erred in allowing the introduction of the victim’s blood-staine d shirt to show the trajectory and angle of the bullet;  III. Whether the trial court erred in allowing the introduction of a photograph of a recording label depicting the slang term for murder;  IV. Whether the trial court erred in taking judicial notice of California Penal Code section 187 defining murder; and V. Whether the trial court erred in its jury ins tructions.  After a careful review of the reco rd, we affirm the judgm ent of the trial court.

Greg Williams v. Suburban Manufacturing
03S01-9806-CH-00062
Authoring Judge: Joe C. Loser, Jr., Special Judge
Trial Court Judge: Hon. Jeffrey F. Stewart,
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel in accordance with Tenn. Code Ann. section 5-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. In this appeal, the employee or claimant, Williams, insists the evidence preponderates against the trial court's denial of medical benefits and temporary total disability benefits. The employer, Suburban, insists the evidence preponderance against the trial court's finding that the employee suffered an injury by accident and that the claim should be disallowed because the employee failed to give notice of his claim as required by Tenn. Code Ann. section 5-6-21. As discussed below, the panel has concluded the judgment should be affirmed. The employee initiated this civil action seeking workers' compensation benefits for an injury which occurred when he slipped and fell on ice on his way to work at the employer's plant. The defendant, in its responsive pleading, admitted the employee gave "notification of an occurrence," but denied that the employee "gave proper notice" of an injury. After a trial on the merits, the trial court awarded permanent partial disability benefits, but denied any recovery for temporary total disability benefits and medical expenses for treatment not authorized by the employer. This panel has reviewed the case de novo upon the record of the trial court, accompanied by a presumption of correctness of the findings of fact, unless the preponderance of the evidence is otherwise, pursuant to Tenn. Code Ann. section 5-6-225(e)(2). On February 1, 1996, the claimant slipped on ice as he was entering the employer's plant to begin the day's work. He promptly informed his supervisor of the accident and said he did not know if he would be able to complete the shift or not. The employer did not make a written record of the occurrence or investigate it because the claimant did not request medical care. Four months later, the employer received written notice of the accident from the claimant's attorney. Without consulting the employer, the claimant sought treatment from a chiropractor, Jeffrey C. Hamilton. Dr. Hamilton opined that the February 1st accident caused a new injury superimposed on preexisting back problems, including degenerative disc disease. He referred the claimant to his family physician, who prescribed physical therapy. Dr. Richard B. Donaldson examined and evaluated the claimant. Dr. Donaldson diagnosed low back and knee sprains and chronic pain syndrome. 2

Janet G. Seals v. Jefferson City, Tennessee and Jefferson County, Tennessee
03A01-9808-CV-00269
Authoring Judge: Presiding Judge Houston M. Goddard
Trial Court Judge: Judge Rex Henry Ogle

The issue presented by this appeal is whether an amendment to T.C. A.50 -1-304, (commonly knownn as the Whistle Blower Statute), which brough employees of the State of Tennessee within its purview, should be given retrospective effect.

Bill Jennings v. Lawler-Wood, Inc.
03A01-9803-CV-00111
Authoring Judge: Presiding Judge Houston M. Goddard
Trial Court Judge: Judge Richard E. Ladd

The controversy giving rise to this appeal had its genesis in a service contract for washers and dryers entered into between Plaintiff Bill Jennings and Defendant Lawler-Wood, Inc., which manageg Maple Oak apartments for the owners. 

City of Lafayette v. Mark and Ruby Hammock
01A01-9901-CV-00056
Authoring Judge: Judge Herschel P. Franks
Trial Court Judge: Judge Bobby H. Capers

In its eminent domain proceeding, the City of Lafayette (City) took a small strip of Mark and Ruby Hammock’s land along the City’s right-of-way for an existing street.

Stone Fort Land Company v. The Tennessee Petroleum Underground Storage Tank Board, et al. - Concurring
01A01-9707-CH-00370
Authoring Judge: Judge Holly Kirby Lillard
Trial Court Judge: Chancellor Ellen Hobbs Lyle

This case involves eligibility for environmental cleanup funds. The plaintiff landowner appeals the decision of the Tennessee Petroleum Underground Tank Board finding the plaintiff ineligible to receive reimbursement from the petroleum underground storage tank fund established in Tennessee Code Annotated § 68-215-110. Upon initial review in chancery court, the Board’s decision was reversed. The trial court subsequently reconsidered its decision and, based on recent Tennessee appellate decisions, affirmed the Board’s decision to deny assistance. We affirm.

Pearl Nixon, v. Shoney's, Inc.
01A01-9711-CV-00629
Authoring Judge: Judge Holly Kirby Lillard
Trial Court Judge: Judge Bobby H. Capers

This is a personal injury slip and fall case. The plaintiff was injured when she fell in the defendant’s restaurant due to a tray negligently left on the floor. The defendant restaurant admits liability but asserts that the evidence does not support the amount of the trial court’s award and seeks a remittitur. We affirm the trial court’s decision as modified.

Mitchell L. Darnall, v. A+ Homecare, Inc., and James Bradley Smith, et al. - Concurring
01A01-9807-CV-00347
Authoring Judge: Judge William C. Koch, Jr.

The court has correctly affirmed the summary judgment dismissing Mr. Darnall’s Tenn. Code Ann. § 50-1-304 (Supp. 1998) claim. Even though I concur with the court’s decision, I have prepared this separate opinion to state my understanding of the elements of a Tenn. Code Ann. § 50-1-304 claim. I find this restatement necessary because of the Western Section’s reliance on Johnson v. St. Francis Hosp., Inc., 759 S.W.2d 925 (Tenn. Ct. App. 1988) in Merryman v. Central Parking Sys., Inc., No. 01A01-9203-CH-00076, 1992 WL 330404 (Tenn. Ct. App. Nov. 13, 1992) (No Tenn. R. App. P. 11 application filed).

Theresa G. Jenkins v. Lionel R. Barrett, Jr., and John G. Oliva - Concurring
01A01-9809-CV-00514
Authoring Judge: Judge Herschel P. Franks
Trial Court Judge: Judge Lee Russell

The appellant states the issue before this Court thus:

A single, narrow issue is presented for consideration in this appeal: Does material evidence within the meaning of Rule 13d, appear in the record which suports the jury’s verdict of $140 ,000.00 in compensatory damages, and, if so, did the trial court erroneously grant a new trial?

The case history demonstrates that this issue is not properly before the Court for consideration.

Mitchell L. Darnall v. A+ Homecare, Inc. and James D. Smith
01A01-9807-CV-00347
Authoring Judge: Judge William B. Cain
Trial Court Judge: Judge Cornelia A. Clark

This is an appeal by the plaintiff from summary judgment granted to the Defendants in a complaint asserting retaliatory discharge with the action based solely upon Tennessee Code Annotated section 50-1-304.

State of Tennessee v. James Clay Romines
03C01-9804-CC-00140
Authoring Judge: Senior Judge L.T. Lafferty
Trial Court Judge: Judge D. Kelly Thomas, Jr.

The defendant, James Clay Romines, appeals as of right from a ruling of the Blount County Criminal Court revoking his probation. The defendant presents one issue for appellate review: whether the trial court erred by ordering the defendant to serve eleven days in jail as punishment for a second violation of probation. After a review of the record, briefs of the parties, and appropriate law, the trial court’s judgment is affirmed.

State of Tennessee v. Charles R. Brown
03C01-9806-CC-00213
Authoring Judge: Senior Judge L.T. Lafferty
Trial Court Judge: Judge D. Kelly Thomas, Jr.

The appellant, Charles R. Brown, appeals as of right from his conviction for driving under the influence of an intoxicant (DUI) by a Blount County jury. The defendant was sentenced to eleven months and twenty-nine days. He was ordered to serve forty-eight hours in the county jail before being placed on supervised probation for eleven months and twenty-seven days. The defendant was also fined $350. In this direct appeal, the defendant presents two issues: (1) whether the evidence was sufficient to support the finding of guilt beyond a reasonable doubt; and (2) whether the trial court erred in charging the jury.

State of Tennessee v. Ray L. Taylor - Concurring
02S01-9809-CR-00089
Authoring Judge: Justice Janice M. Holder
Trial Court Judge: Judge James C. Beasley, Jr.

We granted this appeal to decide whether a defendant’s credibility may be impeached by reference to a prior conviction for a “felony involving dishonesty.” We hold that the trial court erred in ruling that the State could impeach the defendant by asking him whether he had been convicted of any “felonies involving dishonesty.” We hold, however, that the error was harmless.¹

State of Tennessee vs. George Langford - Concurring
02S01-9806-CR-00061
Authoring Judge: Justice Janice M. Holder
Trial Court Judge: Judge Arthur T. Bennett

We granted this appeal to decide whether: (1) the evidence was sufficient to convict the defendant of aggravated burglary and felony murder committed during the perpetration of an aggravated burglary; and (2) the trial court erred in failing to instruct the jury as to criminal trespass. We hold that the evidence was sufficient to convict the defendant and that the trial court did not err in failing to instruct the jury on criminal trespass.  Accordingly, the judgment of the Court of Criminal Appeals affirming the defendant’s convictions is affirmed.

State of Tennessee vs. Barry Waddell
01C01-9801-CR-00016
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge Cheryl Blackburn

The Defendant, Barry Waddell, appeals as of right from his conviction in the Davidson County Crimina l Court. After a jury trial, Defendant was convicted of two (2) counts of rape of a child (Counts 1 and 2) and two (2) counts of aggravated sexual battery (Counts 3 and 4). Defendant was sentenced to twenty-five (25) years for each count of rape of a child and ten (10) years for each count of aggravated sexual battery, with all sentences to be served consecutively, for an effective sentence of seventy (70) years. Defendant argues that the trial court improperly sentenced him to the maximum period of incarceration for his rape of a child convictions and erred in ordering his sentences to be served consecutively. We affirm in pa rt, and reverse and modify in part.

State of Tennessee vs. Paul Carr Moss, Jr.
01C01-9803-CC-00118
Authoring Judge: Judge Gary R. Wade
Trial Court Judge: Judge John H. Gasaway, III

The defendant, Paul Carr Moss, Jr., was indicted for the first degree murder of his wife, Peggy Ann Moss. He was convicted of second degree murder, a Class A felony. Tenn. Code Ann. § 39-13-210. The trial court imposed a Range I sentence of twenty-five years. The defendant was fined $50,000.00.

Deborah Lorraine Brooks v. Rickey Lemar Brooks
03S01-9804-CV-00034
Authoring Judge: Justice William M. Barker
Trial Court Judge: Judge Earl G. Murphy

We granted this appeal to determine whether the Court of Appeals and the trial court erred in their determinations of the amount of child support to be paid by the child’s father. Although both the trial court and the Court of Appeals determined that the total monthly payment should be increased from four hundred dollars ($400.00) to six hundred fifty dollars ($650.00), each court reached its conclusion upon different reasons. We conclude that both courts erred and that the base amount of child support should have been $1,241.00 per month. In addition, Mr. Brooks shall pay the child's private education expenses per the parties agreement.
 

James Alford v. Bruce Hardwood Floors
02S01-9808-CH-00083
Authoring Judge: J. Steven Stafford, Special Judge
Trial Court Judge: Hon. Joe C. Morris,

Catherine Mayo v. Lumbermens Mutual Casualty Co.
02S01-9807-CH-00076
Authoring Judge: L. Terry Lafferty, Senior Judge
Trial Court Judge: Hon. Joe C. Morris, 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. On or about August 24, 1993, the plaintiff, Catherine Mayo, was engaged in her regular employment duties as manager for Pizza Hut, when she suffered total permanent disabling injuries. An armed robber inflicted a massive shotgun blast to the plaintiff's entire abdomen. On August 11, 1997, the plaintiff filed a Petition for Approval of Final and Lump Sum Settlement under the Workers' Compensation Law. The trial court entered an order approving the final and cash lump sum settlement, awarding total permanent disability benefits at the maximum rate of recovery through age 65 pursuant to Tenn. Code Ann. _ 5-6-27, and lifetime future medical expenses. However, judgment was reserved for a later determination by the trial court on the issue of the medical provision of a heated hydrotherapy pool to be installed at the plaintiff's residence. Prior to May 11, 1998, the plaintiff submitted to the trial court medical reports of two physicians in support of her request for an in-home hydrotherapy pool. On May 11, 1998, the trial court considered the merits of plaintiff's motion. On June 29, 1998, the trial court entered an order denying the request for the medical apparatus, more specifically described as the in-ground heated hydrotherapy pool. Since the plaintiff is making a most unusual request that the defendant install an in- ground hydrotherapy pool at her residence as a medical apparatus that is medically necessary, it is beneficial to set forth the underlying facts of this request. At the time of this unfortunate event, the plaintiff, age 47, was a resident of Jackson, Tennessee, but now resides in Buffalo, New York, where she has family support. The shotgun blast injured the plaintiff's chest, solar plexus, abdomen, abdominal wall, and side. Dr. Joseph Spychalski, the treating physician, found that the plaintiff sustained a complete obliteration of the anterior abdominal musculature, and that, as a consequence, she lacks the ability to efficiently sit, transfer, ambulate, bend, or lift. The plaintiff will require lifelong physical therapy to maintain her back muscles and range of motion. Due to the shotgun blast, the 2

02A01-9712-GS-00298
02A01-9712-GS-00298
Trial Court Judge: John Franklin Murchison