State of Tennessee vs. Dorothy Sheldon - Dissenting
01C01-9604-CC-00151
The majority concludes that venue was proper in Dickson County. I respectfully disagree. In finding venue in Dickson County, the majority, relying upon Girdley v. State, 29 S.W.2d 255 (Tenn. 1930), employs an agency theory to establish the appellant's constructive presence in Dickson County. I am unable to agree with the majority's rational for two reasons. First, in Girdley, the defendant was charged with the offense of uttering or attempting to pass a forged check. Had the appellant in this case been charged with uttering or passing a forged writing, I would agree that venue would have been proper in Dickson County. See Tenn. Code Ann. § 39-14-114(b)(1)(D). However, as reflected by the indictment, the State chose to indict the appellant in Dickson County for forgery. Tenn. Code Ann. § 39-14-114(b)(1)(A).
Authoring Judge: Judge David G. Hayes
Originating Judge:Judge Leonard W. Martin |
Dickson County | Court of Criminal Appeals | 11/06/97 | |
Herbert Carson Branum, v. City of Maynardville, Paul Bowman, Bill P. Graves, Russell Gillenwater, Len Padgett, and H.E. Richardson
03A01-9604-CH-00127
Plaintiff Herbert Carson Branum appeals dismissal of his suit against the City of Maynardville and its Commissioners, seeing reinstatement to his position as Water Commissioner and damages for his wrongful discharge, both compensatory and exemplary. He also seeks an order enjoining the Defendants "from any further ultra vires acts against the Plaintiff" based upon his contention that they had violated certain of our State Statutes.
Authoring Judge: Presiding Judge Houston M. Goddard
Originating Judge:Chancellor Billy Joe White |
Union County | Court of Appeals | 11/06/97 | |
State of Tennessee vs. Andrew R. Ewing
02C01-9604-CR-00119
The appellant, Andrew R. Ewing, and his co-defendant, Derrick C. Brooks, were tried jointly by a jury for first degree murder. Ewing and Brooks were found guilty of felony murder for committing a murder during the perpetration of an aggravated burglary. Both men were sentenced to life in prison. Because Derrick C. Brooks’ appeal has been severed from Andrew R. Ewing’s appeal, we will address only the issues presented by Andrew Ewing in this opinion.
Authoring Judge: Judge Paul G. Summers
Originating Judge:Judge W. Fred Axley |
Shelby County | Court of Criminal Appeals | 11/05/97 | |
City of Memphis v. The Civil Service Commission of the City of Memphis and Stanley Shotwell
02A01-9512-CH-00289
This case involves a chancery court review of a decision by a civil service commission. The
Authoring Judge: Judge Holly Kirby Lillard
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Shelby County | Court of Appeals | 11/04/97 | |
Paul Farnsworth, A/K/A Ronnie Bradfield, v. Richard Kenya, et al.
02A01-9707-CV-00145
The plaintiff, Paul Farnsworth a/k/a Ronnie Bradfield, sued defendants Richard Kenya,1 Stephen Dotson and two John Doe defendants. The complaint alleges that Plaintiff is an inmate at the Lake County Regional Correctional Facility (LCRCF), Richard Kenyon is identified as an employee and Stephen Dotson as the associate warden at LCRCF. The complaint alleges that Plaintiff was given permission to marry while incarcerated, wedding plans were formulated but, within less than 24 hours prior to the wedding, he was advised that the wedding was cancelled.
Authoring Judge: Judge David R. Farmer
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Lake County | Court of Appeals | 11/04/97 | |
State of Tennessee vs. Woody Dozier
02C01-9610-CC-00357
The appellant, Woody J. Dozier, appeals his jury convictions for the crimes of aggravated kidnapping and aggravated rape. Following these convictions, the Circuit Court of Dyer County sentenced the appellant to concurrent sentences of eight years for the aggravated kidnapping conviction and fifteen years for the aggravated rape conviction. On appeal, the appellant raises the following issues:
Authoring Judge: Judge David G. Hayes
Originating Judge:Judge J. Steven Stafford |
Dyer County | Court of Criminal Appeals | 11/04/97 | |
State of Tennessee vs. Steven E. Baker
01C01-9608-CR-00349
The defendant, Steven Eugene Baker, pled guilty to one count of especially aggravated sexual exploitation of a minor and two counts of sexual battery. The trial court imposed concurrent, Range I sentences of nine years and one year, respectively. In this appeal of right, the defendant challenges the length of the sentence and the trial court's denial of alternative sentencing.
Authoring Judge: Judge Gary R. Wade
Originating Judge:Judge Seth W. Norman |
Davidson County | Court of Criminal Appeals | 11/04/97 | |
State of Tennessee Department of Children's Services v. Yvonne Bardin - Concurring
03A01-9705-JV-00152
The parental rights of Yvonne Bardin were terminated by the Juvenile Court of Hamilton County and she appeals. Four (4) children are involved. The issue presented for review is whether the evidence is clear and convincing. We find that it is and affirm.
Authoring Judge: Judge William H. Inman
Originating Judge:Judge Suzanne Bailey |
Hamilton County | Court of Appeals | 11/03/97 | |
Cody Glasner, a minor, by next friend and parents, Deryl and Polly Glasner, and Deryl and Polly Glasner individually, v. John Howick, M.D., Humana of Tennessee Inc., John A Shull, M.D., Jane L. Rohrer, M.D. and William D. Crawley, M.D.
03A01-9612-CV-00401
This is a medical malpractice action brought by Deryl and Polly Glasner individually and as parents and next friend of Cody Glasner, who was born October 6, 1991.1 As winnowed by pleadings, the surviving claim is on behalf of Cody, who was born brain dead. The parents of Cody conceded that their individual claims were time-barred. This condition is known as a prolapsed cord. His resuscitation is alleged to have been contrary to the prevailing standard of care in this jurisdiction, since he had no reasonable prospect for a qualitative life.
Authoring Judge: Senior Judge William H. Inman
Originating Judge:Judge Robert M. Summitt |
Hamilton County | Court of Appeals | 11/03/97 | |
State of Tennessee v. Roger Dale Hill, Sr.
01S01-9701-CC-00005
We accepted the State’s application for review in this cause in order to determine the validity of an indictment which charged aggravated rape.1 The Court of Criminal Appeals held the indictment void and the subsequent conviction invalid because the language of the indictment failed to allege a culpable mental state.
Authoring Judge: Justice Adolpho A. Birch, Jr.
Originating Judge:Judge James L. Weatherford |
Wayne County | Supreme Court | 11/03/97 | |
State of Tennessee v. Larry Wayne Stokes
01S01-9701-CC-00006
Larry Wayne Stokes, the appellant, was convicted in the Circuit Court of Williamson County of rape of a child, in violation of Tenn. Code Ann. § 39-13-522 (Supp. 1995). He currently serves a fifteen-year sentence in the Department of Correction.
Authoring Judge: Justice Adolpho A. Birch, Jr.
Originating Judge:Judge Henry Denmark Bell |
Williamson County | Supreme Court | 11/03/97 | |
Kenneth F. Taggart and wife, Toni Corwin, v. Bart Richards and Blue Cross Blue Shield of Tennessee
03A01-9707-CV-00262
This is an action for damages for personal injuries allegedly occurring on April 9, 1993 in the early evening, when the vehicle operated by the plaintiff was struck by a vehicle operated by the defendant. Upon trial, a jury returned a verdict for the plaintiff establishing damages at $8,445.00 and further determined that defendant was 51% at fault for the accident. The Trial Judge approved the verdict and plaintiffs have appealed.
Authoring Judge: Judge Herschel Pickens Franks
Originating Judge:Judge Richard E. Ladd |
Sullivan County | Court of Appeals | 11/03/97 | |
First Tennessee Bank National Association, v. C.T. Resorts Company, Inc., C. Gary Triggs, and James C. Childers
03A01-9704-CH-00134
This appeal is from a summary judgment granted to plaintiff against defendants by the Trial Judge. Essentially, defendants insist that the record contains evidence of misrepresentations of the value of the property by plaintiff’s agents, which was 1Triggs’ and Childers’ earlier affidavits apparently claim that Stooksbury showed them both Smith appraisals. Their later affidavits, however, refer only to the second Smith appraisal. 2 purchased by defendants, and that these representations are actionable under their counter-claims.
Authoring Judge: Judge Herschel Pickens Franks
Originating Judge:Chancellor Sharon Bell |
Knox County | Court of Appeals | 11/03/97 | |
State of Tennessee v. Bobby Ed Begley
01S01-9607-CR-00134
We granted the defendant’s application for permission to appeal in order to determine whether the trial court abused its discretion1 in admitting testimony concerning the results of a certain method of DNA analysis. While we have previously considered the admission of the results of DNA analysis using the “restriction fragment length polymorphism” (RFLP) method, we address for the first time the admission of testimony regarding DNA analysis using the “polymerase chain reaction” (PCR) method. PCR is to be distinguished from RFLP, the method more statistically precise and firmly established in both the scientific and legal community. After a jury-out hearing, the trial court admitted expert testimony about the results of the PCR analysis performed on the defendant’s clothing, and the Court of Criminal Appeals upheld the trial court’s determination.
Authoring Judge: Justice Adolpho A. Birch, Jr.
Originating Judge:Judge J. Wyatt Randall, Jr. |
Davidson County | Supreme Court | 11/03/97 | |
Donald D'Amico vs. James Davenport, et al
02A01-9705-CH-00097
Originating Judge:Joe C. Morris |
Court of Appeals | 10/31/97 | ||
Fortunes vs. Watson
03A01-9705-CV-00164
Originating Judge:James B. Scott, Jr. |
Anderson County | Court of Appeals | 10/31/97 | |
Miller vs. State
03C01-9608-CC-00323
Originating Judge:James B. Scott, Jr. |
Anderson County | Court of Criminal Appeals | 10/31/97 | |
03C01-9612-CR-00453
03C01-9612-CR-00453
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Johnson County | Court of Criminal Appeals | 10/31/97 | |
John Tigrett vs. Union Planters Bank
02A01-9703-CV-00057
Originating Judge:Robert L. Childers |
Shelby County | Court of Appeals | 10/31/97 | |
State vs. Ball
03C01-9512-CC-00387
Originating Judge:Rex Henry Ogle |
Cocke County | Court of Criminal Appeals | 10/31/97 | |
Courtner vs. State
03C01-9701-CR-00005
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Johnson County | Court of Criminal Appeals | 10/31/97 | |
Roxie Moorehead v. Lincoln & Donalson Care Center
01S01-9703-CV-00049
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. The issue is this case is whether the replacement of the plaintiff's right knee was causally related to a compensable accident within the purview of applicable law. The trial judge found the issue in favor of the plaintiff and awarded benefits based upon a determination that she had an 85 percent permanent partial disability to her right leg. The employer appeals, insisting that the judgment is contrary to the preponderance of the evidence. Our review of the findings of fact made by the trial court is de novo upon the record of the trial court, accompanied by a presumption of the correctness of the finding, unless the preponderance of the evidence is otherwise. TENN. CODE ANN. _ 5-6-225(e)(2); Stone v. City of McMinnville, 896 S.W.2d 584 (Tenn. 1991). The plaintiff is a 62 year old woman of limited education and skills. She was employed as a nursing technician1 at the Care Center where she began work in 1991. On April 17, 1994, a patient whom she was attending kicked her right knee, which caused momentary pain. She continued to work for three weeks during which time her knee became stiff and painful. She was seen by Dr. Michael Siaw, an orthopedic specialist who recommended conservative treatment. She did not respond, and Dr. Siaw scheduled her for a MRI which revealed an oblique tear of the lateral meniscus. Dr. Siaw believed this injury was consonant with the history the plaintiff gave him of having been kicked on the knee by a patient at the nursing home. Eventually, it became necessary to correct the tear arthroscopically. This procedure was performed on July 5, 1994, and successfully so, although pre- existing osteoarthritis continued to cause the plaintiff considerable pain. The plaintiff returned to work, and the arthritic condition worsened, according to her. Dr. Siaw saw her on June 21, 1996 and discovered that she had a total knee replacement 1 Being a nursing technician involves lifting, bathing, feeding, and dressing patients. 2
Authoring Judge: William H. Inman, Senior Judge
Originating Judge:Hon. Lee Russell, |
Moore County | Workers Compensation Panel | 10/31/97 | |
McBee/Dunlap vs. State
03C01-9509-CR-00276
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Knox County | Court of Criminal Appeals | 10/31/97 | |
Cook vs. Brookside
03A01-9706-CV-00212
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Court of Appeals | 10/31/97 | ||
State vs. Harris
03C01-9611-CR-00428
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Anderson County | Court of Criminal Appeals | 10/31/97 |