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| James Earl Kirk, et al. vs. State
M1999-01369-CCA-OT-CO
In this interlocutory appeal the State raises the question of whether the Maury County Circuit Court, relying on Tenn. R. Crim. P. 5(a), erred by ordering that all proceedings in a case heard in general sessions court must be heard in the court closest to the location of the offense. It is the opinion of this Court that the plain language of Tenn. R. Crim. P. 5(a) controls the outcome of this case. The controversy in this case turns on the word "nearest" as used in the statute. A cursory reading of the statute could understandably lead one to believe that the term "nearest" was intended to convey geographic proximity. However, such a narrow reading of the word does not yield the desired result the Rule was intended to have, and cannot be read within the strict confines of the plain language set forth therein. The term "nearest" is broader in scope than mere geographical distance. It is the opinion of this Court that as used in Tenn. R. Crim. P. 5(a), "nearest" was intended to be analyzed temporally.
Authoring Judge: Judge John Everett Williams
Originating Judge:Jim T. Hamilton |
Maury County | Court of Criminal Appeals | 06/20/00 | |
| Jackie William Crowe vs. State
E1998-00016-CCA-R3-PC
Authoring Judge: Judge Gary R Wade
Originating Judge:Carroll L. Ross |
McMinn County | Court of Criminal Appeals | 06/20/00 | |
| Felix Wilkey, et al vs. Rhea County, TN et al
E1999-00307-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Jeffrey F. Stewart |
Rhea County | Court of Appeals | 06/20/00 | |
| Homer Ernest Weeks, III vs. Kristina Lea Corbitt
E1999-02698-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Bill Swann |
Knox County | Court of Appeals | 06/20/00 | |
| Clark Earls vs. Shirley Earls
M1999-00035-COA-R3-CV
This extraordinary appeal involves the efforts of one party to effectuate an opinion of this court which the Tennessee Supreme Court declined to review. On the first appeal, this court reversed portions of the trial court's final decree and remanded the case with specific directions regarding the details of the order to be entered. After the Tennessee Supreme Court denied the wife's application for permission to appeal, the husband asked the trial court to enter an order consistent with the directions in this court's opinion. After conducting two hearings, the trial court declined to enter the proposed order. We have granted the husband's application for an extraordinary appeal because the trial court, by its refusal to enter a judgment consistent with this court's opinion, has so far departed from the accepted and usual course of judicial proceedings that immediate review of its actions is required. We now (1) vacate the trial court's orders filed after March 29, 2001, (2) direct the clerk of the trial court to enter this opinion and the order accompanying it as the final order in this proceeding, and (3) direct that this case be assigned to another judge in the Twenty-First Judicial District for any further proceedings.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Russell Heldman |
Williamson County | Court of Appeals | 06/20/00 | |
| John Paul Seals v. State of Tennessee
E1998-00367-SC-R11-PC
Authoring Judge: Justice E. Riley Anderson
Originating Judge:James E. Beckner |
Hamblen County | Supreme Court | 06/20/00 | |
| Design Concept Corporation vs. Ralph Phelps, et ux
E1999-00259-COA-R9-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:W. Dale Young |
Blount County | Court of Appeals | 06/20/00 | |
| State vs. Frank Tate
W1999-01068-CCA-R3-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
Originating Judge:Bernie Weinman |
Shelby County | Court of Criminal Appeals | 06/20/00 | |
| State vs. Clifford Douglas Peele
E1999-00907-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
|
Carter County | Court of Criminal Appeals | 06/20/00 | |
| State vs. Bobby Garner
M1999-01427-CCA-R3-CD
Following a Montgomery County Grand Jury indictment, Bobby Garner, the defendant and appellant, pled guilty to one count of aggravated burglary and one count of theft of property over one-thousand dollars. After a sentencing hearing, the trial court sentenced the defendant to serve five years for aggravated burglary and three years for theft. The trial court ordered the defendant to serve the sentences consecutively. On appeal, the defendant argues (1) that the sentences imposed were excessive, (2) that he should have been sentenced alternatively, and (3) that consecutive sentences were inappropriate. After a thorough review of the record, we affirm the judgment of the trial court.
Authoring Judge: Judge Jerry Smith
Originating Judge:Robert W. Wedemeyer |
Montgomery County | Court of Criminal Appeals | 06/20/00 | |
| John Paul Seals v. State of Tennessee
E1998-00367-SC-R11-PC
Authoring Judge: Justice E. Riley Anderson
Originating Judge:James E. Beckner |
Hamblen County | Supreme Court | 06/20/00 | |
| State vs. Sheila Kay Cooper
E1999-00220-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:James B. Scott, Jr. |
Anderson County | Court of Criminal Appeals | 06/20/00 | |
| State of Tennessee v. Jeffrey English
II-1298-401-A
Originating Judge:Timothy L. Easter |
Williamson County | Court of Criminal Appeals | 06/20/00 | |
| Wilson vs. Wilson
M1999-01274-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Larry G. Ross |
Warren County | Court of Appeals | 06/20/00 | |
| Bean vs. Bean
M1999-01822-COA-R3-CV
In the appeal of this divorce case, the Court dismissed the appeal for failure of appellant to substantially comply with T.R.A.P. Rule 27 and Court of Appeals Rules 6 and 15.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Robert L. Holloway |
Lawrence County | Court of Appeals | 06/19/00 | |
| State vs. Dennis Ray Gilliland
M1997-00072-SC-R11-CD
Authoring Judge: Justice William M. Barker
Originating Judge:Allen W. Wallace |
Dickson County | Supreme Court | 06/19/00 | |
| Cora B. Cantrell, et al vs. Knox County Board of Education, et al
E1999-01557-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Harold Wimberly |
Knox County | Court of Appeals | 06/19/00 | |
| Jacob E. Warren v. American Holding Company d/b/a
M1999-00012-WC-R3-CV
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 a hearing and reporting of finding of fact and conclusions of law to the SupremeCourt. The sole issue on appeal is whether the trial court's award of 4 weeks of permanent total disability benefits is contrary to Tenn. Code Ann. _ 5-6-27(4)(A)(i), which cuts off permanent total benefits when the worker reaches 65 years of age provided the compensable injury occurred before the workerreached age 6. We hold that the trial court's award of 4 weeks exceeds the number of weeks payable under Tenn. Code Ann. _ 5-6-27(4)(A)(i). For the reasons set forth below, the judgment of the trial court is modified to reflect an award of 195 weeks of permanent total disability benefits. Tenn.R.App.P. 3 Appeal as of Right; Judgment of the Trial Court Modified TOM E. GRAY, SP. J.DROWOTA, J., in which FRANK F. DROWOTA, III, J. and SAMUEL L. LEWIS, SP. J., joined. Bryan Essary, Nashville, Tennessee, for the appellant, American Holding Company d/b/a Wilson Sporting Goods, and Lumbermens Mutual Casualty Company. Ronald Thurman, Cookeville, Tennessee, for the appellee, Jacob E. Warren. OPINION 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 a -2-
Authoring Judge: Tom E. Gray, Sp. J.Drowota, J.
Originating Judge:John J. Maddux, Jr., Judge |
Warren County | Workers Compensation Panel | 06/19/00 | |
| Skinner vs. Bell
M1999-02078-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:James E. Walton |
Montgomery County | Court of Appeals | 06/16/00 | |
| Sandra Warren v. American Alliance Insurance
W1999-02695-WC-R3-CV
This is an appeal by the employer, Premier Manufacturing Corporation, and its insurer, American Alliance Insurance Company, from an award in favor of the plaintiff, Sandra Warren, based upon a finding that the plaintiff had a work-related permanent partial disability of 39 percent to the body as a whole. The trial court found that the plaintiff had pre-existing spondylolisthesis, which was asymptomatic until the work injury of April 23, 1998, and which was exacerbated and advanced to the point of making it symptomatic. The chancellor held that the two and one-half (2.5) times cap established in Tennessee Code Annotated _ 50-6-241(a)(1) applied in this case. In two issues, the defendant argues that: (1) the evidence preponderates against the trial court's finding that the plaintiff's injuries were compensable; and (2) the evidence preponderates against the trial court's holding that the plaintiff had a permanent partial vocational disability of 39 percent to the body as a whole. We find that the judgment of the trial court is affirmed as modified.
Authoring Judge: F. Lloyd Tatum, Senior Judge
Originating Judge:Joe C. Morris, Chancellor |
Warren County | Workers Compensation Panel | 06/16/00 | |
| State vs. Charles A. Dailey
M1999-01075-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Steve R. Dozier |
Davidson County | Court of Criminal Appeals | 06/16/00 | |
| Charles Clay Young vs. State
M1999-01365-CCA-R3-PC
Originating Judge:Leon C. Burns, Jr. |
White County | Court of Criminal Appeals | 06/16/00 | |
| Allen vs. Lloyd
M1999-01739-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Thomas W. Brothers |
Davidson County | Court of Appeals | 06/16/00 | |
| State vs. Alvin Tate
W1999-01224-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Originating Judge:Arthur T. Bennett |
Shelby County | Court of Criminal Appeals | 06/16/00 | |
| State vs. Fred Hegwood, Jr.
M1999-00781-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Originating Judge:Donald P. Harris |
Williamson County | Court of Criminal Appeals | 06/16/00 |