Midwestern Gas Transmission Company v. Rufus Reese et al.
M2005-00805-COA-R3-CV
This appeal is one of twenty-seven similar appeals arising from a dispute between a natural gas company that has the power of eminent domain and the owners of twenty-seven properties who are resisting the company’s efforts to construct an extension of an existing pipeline. After these property owners refused to permit the company to conduct preliminary examinations and surveys on their properties, the company filed separate complaints against the owners of each tract in the Circuit Court for Sumner County seeking orders authorizing it to conduct the preliminary examinations and surveys necessary for the siting of the project pursuant to Tenn. Code Ann. § 29-16-121 (2000). The trial court conducted an expedited joint hearing and entered an order dismissing the company’s complaints. The company appealed, and we consolidated the cases for oral argument. We have concluded that Tenn. Code Ann. § 29-16-121 is not preempted by the Natural Gas Act and that the company is entitled to the orders of preliminary entry it sought. Accordingly, we have determined that the trial court erred by dismissing the company’s complaints.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Judge C. L. Rogers |
Sumner County | Court of Appeals | 02/24/06 | |
Midwestern Gas Transmission Company v. Charles A. Deshler and Martha A. Deshler Joint Caring Trust et al.
M2005-00831-COA-R3-CV
This appeal is one of twenty-seven similar appeals arising from a dispute between a natural gas
Authoring Judge: Presiding Judge William C. Koch, Jr.
Originating Judge:Judge C. L. Rogers |
Sumner County | Court of Appeals | 02/24/06 | |
Midwestern Gas Transmission Company v. Patricia G. Green
M2005-00796-COA-R3-CV
This appeal is one of twenty-seven similar appeals arising from a dispute between a natural gas company that has the power of eminent domain and the owners of twenty-seven properties who are resisting the company’s efforts to construct an extension of an existing pipeline. After these property owners refused to permit the company to conduct preliminary examinations and surveys on their properties, the company filed separate complaints against the owners of each tract in the Circuit Court for Sumner County seeking orders authorizing it to conduct the preliminary examinations and surveys necessary for the siting of the project pursuant to Tenn. Code Ann. § 29-16-121 (2000). The trial court conducted an expedited joint hearing and entered an order dismissing the company’s complaints. The company appealed, and we consolidated the cases for oral argument. We have concluded that Tenn. Code Ann. § 29-16-121 is not preempted by the Natural Gas Act and that the company is entitled to the orders of preliminary entry it sought. Accordingly, we have determined that the trial court erred by dismissing the company’s complaints.
Authoring Judge: Presiding Judge William C. Koch, Jr.
Originating Judge:Judge C. L. Rogers |
Sumner County | Court of Appeals | 02/24/06 | |
Midwestern Gas Transmission Company v. Charles Carter, et al.
M2005-00825-COA-R3-CV
This appeal is one of twenty-seven similar appeals arising from a dispute between a natural gas company that has the power of eminent domain and the owners of twenty-seven properties who are resisting the company’s efforts to construct an extension of an existing pipeline. After these property owners refused to permit the company to conduct preliminary examinations and surveys on their properties, the company filed separate complaints against the owners of each tract in the Circuit Court for Sumner County seeking orders authorizing it to conduct the preliminary examinations and surveys necessary for the siting of the project pursuant to Tenn. Code Ann. § 29-16-121 (2000). The trial court conducted an expedited joint hearing and entered an order dismissing the company’s complaints. The company appealed, and we consolidated the cases for oral argument. We have concluded that Tenn. Code Ann. § 29-16-121 is not preempted by the Natural Gas Act and that the company is entitled to the orders of preliminary entry it sought. Accordingly, we have determined that the trial court erred by dismissing the company’s complaints.
Authoring Judge: Presiding Judge William C. Koch, Jr.
Originating Judge:Judge C. L. Rogers |
Sumner County | Court of Appeals | 02/24/06 | |
Midwestern Gas Transmission Company v. Camilla Jean Palmer Revocable Trust
M2005-00789-COA-R3-CV
This appeal is one of twenty-seven similar appeals arising from a dispute between a natural gas company that has the power of eminent domain and the owners of twenty-seven properties who are resisting the company’s efforts to construct an extension of an existing pipeline. After these property owners refused to permit the company to conduct preliminary examinations and surveys on their properties, the company filed separate complaints against the owners of each tract in the Circuit Court for Sumner County seeking orders authorizing it to conduct the preliminary examinations and surveys necessary for the siting of the project pursuant to Tenn. Code Ann. § 29-16-121 (2000). The trial court conducted an expedited joint hearing and entered an order dismissing the company’s complaints. The company appealed, and we consolidated the cases for oral argument. We have concluded that Tenn. Code Ann. § 29-16-121 is not preempted by the Natural Gas Act and that the company is entitled to the orders of preliminary entry it sought. Accordingly, we have determined that the trial court erred by dismissing the company’s complaints.
Authoring Judge: Presiding Judge William C. Koch, Jr.
Originating Judge:Judge C. L. Rogers |
Sumner County | Court of Appeals | 02/24/06 | |
Midwestern Gas Transmission Company v. Linda Scott Webster
M2005-00818-COA-R3-CV
This appeal is one of twenty-seven similar appeals arising from a dispute between a natural gas company that has the power of eminent domain and the owners of twenty-seven properties who are resisting the company’s efforts to construct an extension of an existing pipeline. After these property owners refused to permit the company to conduct preliminary examinations and surveys on their properties, the company filed separate complaints against the owners of each tract in the Circuit Court for Sumner County seeking orders authorizing it to conduct the preliminary examinations and surveys necessary for the siting of the project pursuant to Tenn. Code Ann. § 29-16-121 (2000). The trial court conducted an expedited joint hearing and entered an order dismissing the company’s complaints. The company appealed, and we consolidated the cases for oral argument. We have concluded that Tenn. Code Ann. § 29-16-121 is not preempted by the Natural Gas Act and that the company is entitled to the orders of preliminary entry it sought. Accordingly, we have determined that the trial court erred by dismissing the company’s complaints.
Authoring Judge: Presiding Judge William C. Koch, Jr.
Originating Judge:Judge C. L. Rogers |
Sumner County | Court of Appeals | 02/24/06 | |
Midwestern Gas Transmission Company v. David Smith et al.
M2005-00799-COA-R3-CV
This appeal is one of twenty-seven similar appeals arising from a dispute between a natural gas company that has the power of eminent domain and the owners of twenty-seven properties who are resisting the company’s efforts to construct an extension of an existing pipeline. After these property owners refused to permit the company to conduct preliminary examinations and surveys on their properties, the company filed separate complaints against the owners of each tract in the Circuit Court for Sumner County seeking orders authorizing it to conduct the preliminary examinations and surveys necessary for the siting of the project pursuant to Tenn. Code Ann. § 29-16-121 (2000). The trial court conducted an expedited joint hearing and entered an order dismissing the company’s complaints. The company appealed, and we consolidated the cases for oral argument. We have concluded that Tenn. Code Ann. § 29-16-121 is not preempted by the Natural Gas Act and that the company is entitled to the orders of preliminary entry it sought. Accordingly, we have determined that the trial court erred by dismissing the company’s complaints.
Authoring Judge: Presiding Judge William C. Koch, Jr.
Originating Judge:Judge C. L. Rogers |
Sumner County | Court of Appeals | 02/24/06 | |
Midwestern Gas Transmission Company v. James R. Stephenson, et al.
M2005-00826-COA-R3-CV
This appeal is one of twenty-seven similar appeals arising from a dispute between a natural gas
Authoring Judge: Presiding Judge William C. Koch, Jr.
Originating Judge:Judge C. L. Rogers |
Sumner County | Court of Appeals | 02/24/06 | |
Midwestern Gas Transmission Company v. Larry Law et al.
M2005-00790-COA-R3-CV
This appeal is one of twenty-seven similar appeals arising from a dispute between a natural gas company that has the power of eminent domain and the owners of twenty-seven properties who are resisting the company’s efforts to construct an extension of an existing pipeline. After these property owners refused to permit the company to conduct preliminary examinations and surveys on their properties, the company filed separate complaints against the owners of each tract in the Circuit Court for Sumner County seeking orders authorizing it to conduct the preliminary examinations and surveys necessary for the siting of the project pursuant to Tenn. Code Ann. § 29-16-121 (2000). The trial court conducted an expedited joint hearing and entered an order dismissing the company’s complaints. The company appealed, and we consolidated the cases for oral argument. We have concluded that Tenn. Code Ann. § 29-16-121 is not preempted by the Natural Gas Act and that the company is entitled to the orders of preliminary entry it sought. Accordingly, we have determined that the trial court erred by dismissing the company’s complaints.
Authoring Judge: Presiding Judge William C. Koch, Jr.
Originating Judge:Judge C. L. Rogers |
Sumner County | Court of Appeals | 02/24/06 | |
Midwestern Gas Transmission Company v. Nikki Wallace et al.
M2005-00819-COA-R3-CV
This appeal is one of twenty-seven similar appeals arising from a dispute between a natural gas company that has the power of eminent domain and the owners of twenty-seven properties who are resisting the company’s efforts to construct an extension of an existing pipeline. After these property owners refused to permit the company to conduct preliminary examinations and surveys on their properties, the company filed separate complaints against the owners of each tract in the Circuit Court for Sumner County seeking orders authorizing it to conduct the preliminary examinations and surveys necessary for the siting of the project pursuant to Tenn. Code Ann. § 29-16-121 (2000). The trial court conducted an expedited joint hearing and entered an order dismissing the company’s complaints. The company appealed, and we consolidated the cases for oral argument. We have concluded that Tenn. Code Ann. § 29-16-121 is not preempted by the Natural Gas Act and that the company is entitled to the orders of preliminary entry it sought. Accordingly, we have determined that the trial court erred by dismissing the company’s complaints.
Authoring Judge: Presiding Judge William C. Koch, Jr.
Originating Judge:Judge C. L. Rogers |
Sumner County | Court of Appeals | 02/24/06 | |
Midwestern Gas Transmission Company v. William Sherron et al.
M2005-00800-COA-R3-CV
This appeal is one of twenty-seven similar appeals arising from a dispute between a natural gas company that has the power of eminent domain and the owners of twenty-seven properties who are resisting the company’s efforts to construct an extension of an existing pipeline. After these property owners refused to permit the company to conduct preliminary examinations and surveys on their properties, the company filed separate complaints against the owners of each tract in the Circuit Court for Sumner County seeking orders authorizing it to conduct the preliminary examinations and surveys necessary for the siting of the project pursuant to Tenn. Code Ann. § 29-16-121 (2000). The trial court conducted an expedited joint hearing and entered an order dismissing the company’s complaints. The company appealed, and we consolidated the cases for oral argument. We have concluded that Tenn. Code Ann. § 29-16-121 is not preempted by the Natural Gas Act and that the company is entitled to the orders of preliminary entry it sought. Accordingly, we have determined that the trial court erred by dismissing the company’s complaints.
Authoring Judge: Presiding Judge William C. Koch, Jr.
Originating Judge:Judge C. L. Rogers |
Sumner County | Court of Appeals | 02/24/06 | |
Midwestern Gas Transmission Company v. Robert G. Ingrum et al.
M2005-00827-COA-R3-CV
This appeal is one of twenty-seven similar appeals arising from a dispute between a natural gas
Authoring Judge: Presiding Judge William C. Koch, Jr.
Originating Judge:Judge C. L. Rogers |
Sumner County | Court of Appeals | 02/24/06 | |
Midwestern Gas Transmission Company v. Harold B. Knight et al.
M2005-00791-COA-R3-CV
This appeal is one of twenty-seven similar appeals arising from a dispute between a natural gas company that has the power of eminent domain and the owners of twenty-seven properties who are resisting the company’s efforts to construct an extension of an existing pipeline. After these property owners refused to permit the company to conduct preliminary examinations and surveys on their properties, the company filed separate complaints against the owners of each tract in the Circuit Court for Sumner County seeking orders authorizing it to conduct the preliminary examinations and surveys necessary for the siting of the project pursuant to Tenn. Code Ann. § 29-16-121 (2000). The trial court conducted an expedited joint hearing and entered an order dismissing the company’s complaints. The company appealed, and we consolidated the cases for oral argument. We have concluded that Tenn. Code Ann. § 29-16-121 is not preempted by the Natural Gas Act and that the company is entitled to the orders of preliminary entry it sought. Accordingly, we have determined that the trial court erred by dismissing the company’s complaints.
Authoring Judge: Presiding Judge William C. Koch, Jr.
Originating Judge:Judge C. L. Rogers |
Sumner County | Court of Appeals | 02/24/06 | |
Midwestern Gas Transmission Company v. Berton Gregory et al.
M2005-00820-COA-R3-CV
This appeal is one of twenty-seven similar appeals arising from a dispute between a natural gas company that has the power of eminent domain and the owners of twenty-seven properties who are resisting the company’s efforts to construct an extension of an existing pipeline. After these property owners refused to permit the company to conduct preliminary examinations and surveys on their properties, the company filed separate complaints against the owners of each tract in the Circuit Court for Sumner County seeking orders authorizing it to conduct the preliminary examinations and surveys necessary for the siting of the project pursuant to Tenn. Code Ann. § 29-16-121 (2000). The trial court conducted an expedited joint hearing and entered an order dismissing the company’s complaints. The company appealed, and we consolidated the cases for oral argument. We have concluded that Tenn. Code Ann. § 29-16-121 is not preempted by the Natural Gas Act and that the company is entitled to the orders of preliminary entry it sought. Accordingly, we have determined that the trial court erred by dismissing the company’s complaints.
Authoring Judge: Presiding Judge William C. Koch, Jr.
Originating Judge:Judge C. L. Rogers |
Sumner County | Court of Appeals | 02/24/06 | |
Midwestern Gas Transmission Company v. Frank A. Bass et al.
M2005-00801-COA-R3-CV
This appeal is one of twenty-seven similar appeals arising from a dispute between a natural gas company that has the power of eminent domain and the owners of twenty-seven properties who are resisting the company’s efforts to construct an extension of an existing pipeline. After these property owners refused to permit the company to conduct preliminary examinations and surveys on their properties, the company filed separate complaints against the owners of each tract in the Circuit Court for Sumner County seeking orders authorizing it to conduct the preliminary examinations and surveys necessary for the siting of the project pursuant to Tenn. Code Ann. § 29-16-121 (2000). The trial court conducted an expedited joint hearing and entered an order dismissing the company’s complaints. The company appealed, and we consolidated the cases for oral argument. We have concluded that Tenn. Code Ann. § 29-16-121 is not preempted by the Natural Gas Act and that the company is entitled to the orders of preliminary entry it sought. Accordingly, we have determined that the trial court erred by dismissing the company’s complaints.
Authoring Judge: Presiding Judge William C. Koch, Jr.
Originating Judge:Judge C. L. Rogers |
Sumner County | Court of Appeals | 02/24/06 | |
Midwestern Gas Transmission Company v. Michael Rippy et al.
M2005-00828-COA-R3-CV
This appeal is one of twenty-seven similar appeals arising from a dispute between a natural gas
Authoring Judge: Presiding Judge William C. Koch, Jr.
Originating Judge:Judge C. L. Rogers |
Sumner County | Court of Appeals | 02/24/06 | |
Midwestern Gas Transmission Company v. Ruth W. Briley
M2005-00792-COA-R3-CV
This appeal is one of twenty-seven similar appeals arising from a dispute between a natural gas company that has the power of eminent domain and the owners of twenty-seven properties who are resisting the company’s efforts to construct an extension of an existing pipeline. After these property owners refused to permit the company to conduct preliminary examinations and surveys on their properties, the company filed separate complaints against the owners of each tract in the Circuit Court for Sumner County seeking orders authorizing it to conduct the preliminary examinations and surveys necessary for the siting of the project pursuant to Tenn. Code Ann. § 29-16-121 (2000). The trial court conducted an expedited joint hearing and entered an order dismissing the company’s complaints. The company appealed, and we consolidated the cases for oral argument. We have concluded that Tenn. Code Ann. § 29-16-121 is not preempted by the Natural Gas Act and that the company is entitled to the orders of preliminary entry it sought. Accordingly, we have determined that the trial court erred by dismissing the company’s complaints.
Authoring Judge: Presiding Judge William C. Koch, Jr.
Originating Judge:Judge C. L. Rogers |
Sumner County | Court of Appeals | 02/24/06 | |
Grover L. Dunigan v. State of Tennessee
E2005-01574-CCA-R3-PC
Petitioner, Grover L. Dunigan, filed a pro se petition for post-conviction relief, alleging that he received the ineffective assistance of counsel regarding his conviction for second degree murder. The post-conviction court dismissed the petition without a hearing on the grounds that the petition was time-barred. In this appeal, Petitioner argues that due process requires tolling the statute of limitations because his trial attorney never told him that the supreme court had denied his Rule 11 application. After a thorough review of the record, we find that the lower court properly dismissed the petition. Therefore, the judgment of the post-conviction court is affirmed.
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Judge Jon Kerry Blackwood |
Hamilton County | Court of Criminal Appeals | 02/23/06 | |
Carlos L. Rice v. David Mills, Warden
W2005-01800-CCA-R3-HC
The Petitioner, Carlos L. Rice, appeals the lower court’s denial of his petition for habeas corpus relief. The State has filed a motion requesting that this Court affirm the trial court pursuant to Rule 20, Rules of the Court of Criminal Appeals. The Petitioner has failed to allege any ground that would render the judgment of conviction void. Accordingly, we affirm the trial court’s dismissal.
Authoring Judge: Judge David G. Hayes
Originating Judge:Judge Joseph H. Walker, III |
Lauderdale County | Court of Criminal Appeals | 02/23/06 | |
Robin Kuykendall v. Margaret Harper
E2005-01756-COA-R3-CV
Plaintiff sued for attorney's fees under contract of employment with defendant. The Trial Court awarded Judgment for fees. Both parties appealed. We affirm.
Authoring Judge: Presiding Judge Herschel Pickens Franks
Originating Judge:Judge Dale C. Workman |
Knox County | Court of Appeals | 02/22/06 | |
Donald Jamison v. Harrell Ulrich, et al.
E2005-01153-COA-R3-CV
The issue presented in this case is whether the policemen and firemen's rule applies to an animal control officer who was bitten by a Doberman pinscher while performing the duties of his employment. The plaintiff, an animal control officer for the Chattanooga Police Department, was bitten when, in the course and scope of his employment, he attempted to take possession of the defendants' dog at their home. The plaintiff sued the defendants for compensatory damages, claiming that they were negligent in failing to warn him about the dangerous nature of the dog. The trial court granted the defendants' motion for summary judgment upon its determination that the dog's owners owed no duty to the plaintiff under the circumstances pursuant to the policemen and firemen's rule which precludes police officers and firefighters from recovering for injuries arising out of risks peculiar to their employment. Upon review, we find that the dog's owners owed no duty of ordinary care to the animal control officer and therefore, we affirm the judgment of the trial court.
Authoring Judge: Judge Sharon G. Lee
Originating Judge:Judge W. Neil Thomas, III |
Hamilton County | Court of Appeals | 02/22/06 | |
State of Tennessee v. Edna Phelps
W2005-00943-CCA-R3-CD
The defendant, Edna Phelps, was found guilty by a Madison County jury of aggravated assault, a Class C felony, and was sentenced as a Range I, standard offender to four years, all suspended except for eleven months and twenty-nine days with the balance to be served on intensive probation. On appeal, she argues the trial court erred in overruling her objections to certain questions asked by the State. Following our review, we affirm the judgment of the trial court.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Judge Roger A. Page |
Madison County | Court of Criminal Appeals | 02/22/06 | |
State of Tennessee v. Steven Murphy
W2004-02899-CCA-R3-CD
The defendant, Steven Murphy, was convicted by a Shelby County Criminal Court jury of first degree premeditated murder, first degree felony murder, and two counts of theft of property over $1000, a Class D felony. The trial court merged the first degree felony murder conviction into the premeditated murder conviction, for which the defendant was sentenced to life without the possibility of parole, merged the two theft convictions, and sentenced the defendant to two years for the theft conviction, to be served concurrently with the life sentence without parole. On appeal, the defendant contends that the trial court erred in denying his motion in limine to allow hearsay statements of the victim into evidence, in denying his motion to suppress his statements to police, and in not instructing the jury on the adverse inference that could be drawn from the State’s failure to preserve the tape recording of the defendant’s statements. Having reviewed the record and found no error, we affirm the judgments of the trial court but remand for entry of a corrected judgment in Case No. 01-02751 to reflect the defendant’s conviction offense which was omitted.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Judge Joseph B. Dailey |
Shelby County | Court of Criminal Appeals | 02/22/06 | |
State of Tennessee v. Charles Rice - Concurring and Dissenting
W2002-00471-SC-DDT-DD
Authoring Judge: Justice Adolopho A. Birch, Jr.
Originating Judge:Judge Joseph B. Dailey |
Shelby County | Supreme Court | 02/22/06 | |
State of Tennessee v. Charles Rice
W2002-00471-SC-DDT-DD
A jury convicted the defendant, Charles Rice, of first degree murder. Following a capital sentencing hearing, the jury found three aggravating circumstances: (1) the defendant was previously convicted of one or more felonies, the statutory elements of which involve the use of violence to the person; (2) the murder was especially heinous, atrocious, or cruel in that it involved torture or serious physical abuse beyond that necessary to produce death; and (3) the murder was knowingly committed by the defendant while the defendant had a substantial role in committing, or was fleeing after having a substantial role in committing or attempting to commit a rape. Tenn. Code Ann. § 39-13- 204(i)(2), (5), (7) (1997). The jury also found that these aggravating circumstances outweighed the mitigating circumstances beyond a reasonable doubt. Accordingly, the jury imposed a sentence of death. The Court of Criminal Appeals affirmed both the conviction and sentence. Upon automatic appeal pursuant to Tennessee Code Annotated section 39-13-206 (2003), this Court entered an order specifying seven issues for oral argument,1 including (1) whether the evidence is sufficient to support the conviction; (2) whether the evidence is sufficient to support the aggravating circumstances found by the jury; (3) whether the trial court’s instruction to the jury that aggravated assault was a felony whose statutory elements involve violence to the person violated the Sixth and Fourteenth Amendments to the United States Constitution; (4) whether the trial court’s restriction of the defendant’s cross-examination regarding Tony Evans’ prior conviction was harmless error; (5) whether the trial court erred in refusing to allow the defendant to sit at the defense counsel table; (6) whether the trial court erred in not instructing the jury on the lesser-included offense of facilitation; and (7) whether the death sentence is comparatively proportionate and valid under the mandatory review provisions of Tennessee Code Annotated section 39-13-206(c)(1)(A)- (D) (2003). After a careful review of the record and relevant legal authority, we affirm the judgment of the Court of Criminal Appeals.
Authoring Judge: Chief Justice William M. Barker
Originating Judge:Judge Joseph B. Dailey |
Shelby County | Supreme Court | 02/22/06 |