APPELLATE COURT OPINIONS

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Cole vs. Campbell, Comm., et. al.

01S01-9705-CH-00104
Supreme Court 04/13/98
State vs. Perry A. Cribbs

02S01-9703-CR-00014
Supreme Court 04/13/98
State vs. Perry A. Cribbs

02S01-9703-CR-00014
Shelby County Supreme Court 04/13/98
State vs. Perry A. Cribbs

02S01-9703-CR-00014

Originating Judge:W. Fred Axley
Shelby County Supreme Court 04/13/98
State vs. Perry A. Cribbs

02S01-9703-CR-00014

Originating Judge:W. Fred Axley
Shelby County Supreme Court 04/13/98
01S01-9702-CH-00026

01S01-9702-CH-00026

Originating Judge:C. K. Smith
Wilson County Supreme Court 04/13/98
Rebecca Fay Woods, Harry B. Woods, Jr. and Shirley Ann Woods, et. al. v. Harry B. Woods Plumbing Co., Inc., Harpeth Construction Co. and Travelers Insurance Co.

01S01-9606-CH-00124

We granted this workers' compensation appeal to address two issues: (1) whether the decedent's death arose out of and in the course of employment; and (2) whether the decedent was the initial aggressor; and if so, whether the aggressor doctrine precluded recovery. We find that the decedent's death arose out of and in the course of employment. As to the second issue, we hold the common law aggressor defense as it relates to workers' compensation claims under the Act is abolished in Tennessee and does not bar the decedent's recovery

Authoring Judge: Justice Janice M. Holder
Originating Judge:Chancellor Irvin H. Gilcrease
Supreme Court 04/06/98
Juanita Mitchell, Personal Representative of the Estate of Billy Mitchell v. Sam Cole, Jr., Substitute Trustee, Estate of Prudence Reynolds and Gerald W. Pickens, Administrator

02S01-9703-CH-00020

This case presents for review the decision of the Court of Appeals that a debtor cannot collateraliy attack in state court an adjudication made in a Chapter 11 bankruptcy proceeding regarding the balance due on a deb owed by the debtor-bankrupt. The judgment of the Court of appeals is affirmed as modified.

 

Authoring Judge: Justice Lyle Reid
Originating Judge:Special Chancellor Russell Fowler
Supreme Court 04/06/98
Robert Jones v. Vick Idles

E2001-02833-SC-S09-CV
We granted this appeal to determine whether the chancellor correctly granted a new trial after finding that the jury's allocation of ninety percent of the fault to the plaintiffs and ten percent of the fault to the defendant was against the weight of the evidence and that the evidence supported "a defense verdict for both sides." A majority of the Court of Appeals concluded that the chancellor correctly granted a new trial on both the plaintiffs' claim and the defendant's counterclaim and affirmed the judgment of the trial court. After reviewing the record and applicable authority, we agree with the Court of Appeals and hold that the chancellor properly granted a new trial after finding that the jury's allocation of fault was against the weight of the evidence in his role as the thirteenth juror. Accordingly, we affirm the judgment.
Authoring Judge: Justice E. Riley Anderson
Originating Judge:William E. Lantrip
Anderson County Supreme Court 03/31/98
TN. Consumer Advocate vs. TN. Regulatory Authority

01S01-9706-BC-00141
Supreme Court 03/30/98
Hazel Coln and Carl Coln vs. City of Savannah, TN

02S01-9702-CV-00008

Originating Judge:Julian P. Guinn
Supreme Court 03/30/98
Coleman Enterprises, Inc. vs. Huddleston

01S01-9706-CH-00143
Supreme Court 03/30/98
Evans vs. Steelman

01S01-9701-JV-00019

Originating Judge:Shookhoff
Davidson County Supreme Court 03/30/98
03S01-9704-PB-00042

03S01-9704-PB-00042
Supreme Court 03/30/98
State vs. Ronnie Michael Cauthern

02S01-9612-CC-00108

Originating Judge:Dick Jerman, Jr.
Supreme Court 03/23/98
State vs. Ronnie Michael Cauthern

02S01-9612-CC-00108
Supreme Court 03/23/98
Shoffner vs. Tuttle

03S01-9610-CH-00105

Originating Judge:Billy Ray White
Supreme Court 03/23/98
Swafford, M.D., vs. Harris, et. al.

01S01-9612-FD-00248
Supreme Court 03/16/98
03S01-9704-CV-00037

03S01-9704-CV-00037
Supreme Court 03/16/98
In re: Francis E. Dichtel

01S01-9506-BP-00101
Supreme Court 03/16/98
Northland Ins. Co. vs. State

M1998-00307-SC-R11-CV
The issue in this case is whether the Tennessee Claims Commission has subject matter jurisdiction over a claim against the State of Tennessee for contribution and indemnity. The jurisdiction of the Claims Commission is set forth in Tennessee Code Annotated section 9-8-307. That statute allows for suits against the State in the Claims Commission alleging that state employees have maintained a dangerous condition on a state maintained highway. The statute, however, does not mention contribution and indemnity suits as part of the Commission's jurisdiction. Because of the principle that a waiver of sovereign immunity must be clear and unmistakable, we conclude that the State has not consented to hear contribution and indemnity claims. We therefore affirm the Court of Appeals' decision dismissing the appellant's claim.
Authoring Judge: Justice Frank F. Drowota, III
Davidson County Supreme Court 03/14/98
State of Tennessee v. Thomas Dee Huskey

03S01-9610-CR-00096

We granted interlocutory review in this death penalty case to
determine whether the trial court’s orders compelling the defendant to undergo a
mental examination in accordance with Tenn. R. Crim. P. 12.2(c), and requiring
disclosure to the prosecution of material related to the examination, violated the
right to counsel or the right against self-incrimination under the United States or
Tennessee Constitutions.

Authoring Judge: Chief Justice E. Riley Anderson
Originating Judge:Judge Richard Baumgardner
Knox County Supreme Court 03/09/98
State of Tennessee v. Henry Lee Martin

01S01-9611-CR-00225

A jury convicted the defendant, Henry Lee Martin, of especially aggravated robbery. He was sentenced to twenty-two years imprisonment and fined five thousand dollars. The Court of Criminal Appeals affirmed both his conviction and his sentence. We granted review to determine whether Tenn. R. Evid., Rule 613(b) mandates that a foundation be laid prior to the introduction of extrinsic evidence of a witness' prior inconsistent statement. We hold that extrinsic evidence remains inadmissible until: (1) the witness is asked whether the witness made the prior inconsistent statement; and (2) the witness denies or equivocates as to having made the prior inconsistent statement.

Authoring Judge: Justice Janice M. Holder
Originating Judge:Judge Seth W. Norman
Davidson County Supreme Court 03/09/98
Sandra Sanders v. David W. Lanier and State of Tennessee - Concurring

02S01-9706-CH-00060

The issue with which we are confronted is whether the State may be liable to a county employee for employment discrimination under the Tennessee Human Rights Act ("THRA") when the county employee is under the  supervision of a state judge who commits quid pro quo sexual harassment against the county employee. The trial court answered the question in the negative holding that the State was not the plaintiff's employer under the THRA. The Court of Appeals reversed and held that the THRA imposed liability on the State under an economic realities test. For the reasons set forth in this opinion, we affirm as modified the appellate court's reversal of the trial court's judgment.

Authoring Judge: Justice Janice M. Holder
Originating Judge:Judge William H. Inman
Dyer County Supreme Court 03/02/98
Page G. Stuart v. State of Tennessee, Dept. of Safety

01-S-01-9612-CH-00239

During a wide-ranging investigation, law enforcement officers located and seized several items of property thought to be used in the conduct of an illegal drug enterprise. Criminal charges followed the several seizures, and Page Stuart, the appellant, pleaded guilty to offenses involving delivery and conspiracy to deliver large quantities of marijuana. The State thereafter instituted administrative proceedings under Tenn. Code Ann. § 53-11-201 et seq. (1991 & Supp. 1992) for the forfeiture of the property seized. Although Stuart challenged the forfeiture of some of the property,1 he was not successful, and both the Chancery Court and the Court of Appeals upheld the forfeiture. We granted Stuart’s application for review under Rule 11

Authoring Judge: Justice Adolpho A. Birch, Jr.
Originating Judge:Chancellor Irvin H. Gilcrease, Jr.
Davidson County Supreme Court 03/02/98