APPELLATE COURT OPINIONS

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Henson vs. Carte r

03A01-9706-CV-00230
Court of Appeals 01/13/98
State vs. Gregory Simmons

02C01-9611-CR-00432

Originating Judge:Carolyn Wade Blackett
Shelby County Court of Criminal Appeals 01/13/98
Graves vs. Grady's

03A01-9708-CV-00336
Court of Appeals 01/13/98
State vs. Donald Spicer

02C01-9610-CR-00369
Shelby County Court of Criminal Appeals 01/13/98
01C01-9611-CC-00473

01C01-9611-CC-00473

Originating Judge:J. S. Daniel
Rutherford County Court of Criminal Appeals 01/13/98
Deroyal vs. Johnson

03A01-9708-CH-00328
Claiborne County Court of Appeals 01/13/98
Of This Case Are Analogous To The Facts In State v. Hoyt, 928 S.W.2D 935 (Tenn.

02C01-9610-CR-00369Cecil

Originating Judge:Arthur T. Bennett
Shelby County Court of Criminal Appeals 01/13/98
01C01-9612-CR-00516

01C01-9612-CR-00516
Overton County Court of Criminal Appeals 01/13/98
Ridley vs. Ridley

03A01-9708-GS-00350
Court of Appeals 01/13/98
State vs. Danny Anderson

02C01-9707-CC-00241
Crockett County Court of Criminal Appeals 01/13/98
03C01-9703-CR-00098

03C01-9703-CR-00098

Originating Judge:R. Jerry Beck
Sullivan County Court of Criminal Appeals 01/12/98
State vs. Cavious Watkins

02C01-9701-CR-00031

Originating Judge:James C. Beasley, Jr.
Shelby County Court of Criminal Appeals 01/12/98
McDonald vs. State

03C01-9703-CC-00103

Originating Judge:Steve R. Bebb
Bradley County Court of Criminal Appeals 01/12/98
M & M vs. Maples

03A01-9705-CH-00171
Court of Appeals 01/12/98
State vs. Roger Kimmel

02C01-9701-CR-00006

Originating Judge:Joseph B. Dailey
Shelby County Court of Criminal Appeals 01/12/98
Logan vs. State

03C01-9610-CR-00387
Hawkins County Court of Criminal Appeals 01/12/98
Mitchell vs. State

03C01-9704-CR-00125

Originating Judge:Lynn W. Brown
Johnson County Court of Criminal Appeals 01/12/98
State vs. Roger Kimmel

02C01-9701-CR-00006

Originating Judge:Joseph B. Dailey
Shelby County Court of Criminal Appeals 01/12/98
State vs. John Thomas

02C01-9611-CR-00436

Originating Judge:Joseph B. Dailey
Shelby County Court of Criminal Appeals 01/12/98
State vs. Myron Garmon

02C01-9611-CR-00437

Originating Judge:James C. Beasley, Jr.
Shelby County Court of Criminal Appeals 01/12/98
State vs. John Roe

02C01-9702-CR-00054

Originating Judge:Jon Kerry Blackwood
Shelby County Court of Criminal Appeals 01/12/98
Smith v. Lauren

03S01-9701-CH-00003
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. _________________________________ Irvin H. Kilcrease, Jr., Special Judge CONCUR: ________________________________ John K. Byers, Senior Judge ________________________________ Adolpho A. Birch, Jr., Justice 2
Authoring Judge: Irvin H. Kilcrease, Jr., Special Judge
Originating Judge:Hon. G. Richard Johnson,
Smith County Workers Compensation Panel 01/12/98
Tennessee Department of Health, Division of Health Related Boards and The Board of Medical Examiners, v. W. Dwight Frisbee, M.D.

01A01-9511-CH-00540

This appeal presents an issue of first impression concerning the evidentiary standards applicable to disciplinary proceedings involving licensed physicians. The Tennessee Department of Health perfected an interlocutory appeal to the Chancery Court for Davidson County after an administrative law judge disqualified its expert witness for failing to satisfy the locality rule generally applicable in medical malpractice cases. The trial court reversed the administrative law judge’s decision after concluding that a physician’s conduct should be measured by a statewide standard of minimum competency rather than a particularized local standard of care. While the administrative law judge’s decision was correct with regard to two of thecharges, we affirm the trial court’s decision in part because several of the charges in this proceeding only require proof that a physician has failed to meet statewide, minimal competency standards.

Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Chancellor Robert S. Brandt
Davidson County Court of Appeals 01/09/98
Demetra Lyree Parker, v. Warren County Utility District

01A01-9704-CH-00175

Plaintiff Demetra Lyree Parker appeals the trial court’s order granting the motion for summary judgment filed by Defendant/Appellee W arren County Utility District. We reverse the trial court’s judgment based on our conclusion that a genuine issue of material fact exists as to whether the Utility District responded promptly, adequately, and effectively to Parker’s allegations of sexual harassment against the Utility District’s general manager.

Authoring Judge: Judge Alan E. Highers
Originating Judge:Chancellor John W. Rollins
Warren County Court of Appeals 01/09/98
State of Tennessee vs. Venson Earl Woodard

01C01-9511-CC-00379

A Bedford County Circuit Court jury found Appellant Venson Woodard guilty of two counts of aggravated assault. As a Range II multiple offender, he received a sentence of nine years and eight months in the Tennessee Department of Correction. The trial court ordered the sentence to be served consecutive to a sente nce for which Appellant was on parole at the tim e of the offense. In this appeal, Appellant presents the following issue for review: whether the trial court violated its duty to act as a thirteenth juror by refusing to grant Appellant’s motion for a new trial. Specifically Appellant maintains the weight of the evidence shows he was acting in self-defense.
 

After a review of the record, we affirm the judgment of the trial co urt.

Authoring Judge: Judge Jerry L. Smith
Originating Judge:Judge Charles Lee
Bedford County Court of Criminal Appeals 01/09/98