Deron A. Hatton v. CSX Transportation
E2003-01831-COA-R3-CV
This is a an action for damages under FELA wherein the Plaintiff claimed that he was negligently exposed to toxic chemicals in the workplace. The Defendant pleaded, inter alia, the defense of the three-year statute of limitations, to which the discovery rule was applicable. This issue was bifurcated and tried separately, to the same jury, which found in favor of the Plaintiff. On the issues of liability, causation, and damages [the second phase of the trial] the jury found in favor of the Defendant. Plaintiff appeals, claiming that the issue of the statute of limitation should not have been bifurcated, that the court should have directed a verdict for the Plaintiff on account of OSHA violations, and the exclusion-admission of expert testimony. Finding no error, the judgment is affirmed.
Authoring Judge: Senior Judge William H. Inman
Originating Judge:Judge W. Neil Thomas, III |
Hamilton County | Court of Appeals | 06/29/04 | |
Quinton Armstrong v. Michael MaGill, Commissioner of the Tennessee Department of Labor and Workforce Development, and Piccadilly Cafeteria
W2003-00207-COA-R3-CV
This is a claim for unemployment benefits. The claimant was terminated from her employment at the defendant business. Her separation notice indicated that she was terminated for improper conduct and having a disrespectful attitude. Subsequently, the claimant filed a claim for unemployment benefits. The agency denied benefits. The claimant appealed. The appellate tribunal conducted a telephonic hearing and affirmed the denial of benefits. The claimant filed the instant petition for judicial review, claiming that the administrative proceedings were so fundamentally flawed that her procedural due process rights were violated. The trial court denied the petition and affirmed the denial of benefits. The claimant now appeals. We affirm, finding that the claimant’s due process rights were not violated, and that there is substantial and material evidence to support the denial of benefits.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Chancellor D. J. Alissandratos |
Shelby County | Court of Appeals | 06/29/04 | |
Burchell Insurance v. Western Sizzlin Steakhouse
E2003-01001-COA-R3-CV
Action by corporation for judgment on promissory notes representing loans made to partnership resulted in Judgment against defendant partner for one-half of amount of the loans plus interest and attorney's fees. On appeal we affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Judge Thomas R. Frierson, II |
Hamblen County | Court of Appeals | 06/29/04 | |
CBM Package Liquor, et al. v. City of Maryville, et al.
E2003-01220-COA-R3-CV
In this case it is argued that the Trial Court erred in approving the decision of the Appellees, the City of Maryville and the City Council for the City of Maryville, to issue certificates of compliance to three applicants as a precondition to each such applicant securing a license to operate a retail liquor store from the Tennessee Alcoholic Beverage Commission. We affirm the judgment of the Trial Court and remand
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Chancellor Telford E. Forgety, Jr. |
Blount County | Court of Appeals | 06/29/04 | |
Frank Barnard v. State of Tennessee
M2003-02809-CCA-R3-HC
The petitioner, Frank A. Barnard, was convicted in 1992 of first degree murder, aggravated robbery, and aggravated sexual battery, for which he was sentenced, respectively, to sentences of life, eight years, and ten years, with the latter sentence to be served consecutively to the first two. In a petition for writ of habeas corpus, he claimed that the trial court was without jurisdiction to impose judgment for the murder conviction. The trial court dismissed the petition, and this timely appeal followed. After review, we affirm the dismissal.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Judge Russell Heldman |
Hickman County | Court of Criminal Appeals | 06/29/04 | |
State of Tennessee v. Stephen Keith Frazier
W2003-01612-CCA-R3-CD
A Hardin County jury convicted the Defendant, Stephen Keith Frazier, of vehicular homicide and two counts of driving while under the influence of an intoxicant or drug (“DUI”). The trial court merged the two DUI convictions and sentenced the Defendant to ten years for vehicular homicide, and eleven months and twenty-nine days for the DUI conviction, with both sentences to run concurrently. On appeal, the Defendant contends that: (1) the evidence was insufficient to support the convictions; and (2) the trial court erred in sentencing the Defendant by improperly applying enhancement factor (17) to increase the length of the sentence and in not imposing alternative sentencing. Based upon our review, we affirm the conviction for vehicular homicide and vacate the conviction for DUI, this offense being merged into the conviction for vehicular homicide. Additionally, we affirm the Defendant’s sentence for his vehicular homicide conviction, and we vacate the Defendant’s sentence for his DUI conviction. We therefore remand to the trial court for the entry of a single judgment in accordance with this opinion.
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Judge C. Creed McGinley |
Hardin County | Court of Criminal Appeals | 06/29/04 | |
State of Tennessee v. Brian French
M2002-02465-CCA-R3-CD
The defendant, Brian French, appeals the revocation of his probation. We dismiss the appeal due to the untimely filing of the notice of appeal.
Authoring Judge: Judge Joe G. Riley
Originating Judge:Judge Michael R. Jones |
Montgomery County | Court of Criminal Appeals | 06/29/04 | |
State of Tennessee v. Robert Yoreck, III
M2004-01289-CCA-RM-CD
This case presents an appeal to this court after remand by order of the Tennessee Supreme Court. The Appellant, Robert James Yoreck, III, pled guilty to aggravated assault, a class C felony. Following a sentencing hearing, the trial court sentenced Yoreck, as a Range II multiple offender, to nine years in the Department of Correction. On appeal, Yoreck argues that his sentence was excessive. After a review of the record, we affirm the sentence as imposed by the Montgomery County Circuit Court
Authoring Judge: Judge David G. Hayes
Originating Judge:Judge John H. Gasaway, III |
Montgomery County | Court of Criminal Appeals | 06/29/04 | |
A.D. Doe And M.A. Doe v. May et al.
E2003-1642-COA-R3-CV
The plaintiff A.D. Doe for himself and his daughter M.A. Doe sued the Sheriff of Knox County and the County itself for damages when M.A. Doe was allegedly raped by a deputy sheriff. The complaint alleged that the sheriff was liable on his bond and on his oath of office and that Tenn. Code Ann. § 8-8-302 imposed liability on the County because the deputy was acting “by virtue of or under color of the office.” The Circuit Court of Knox County dismissed the complaint against the Sheriff and the County for the failure to state a claim. We affirm.
Authoring Judge: Retired Judge Ben H. Cantrell
Originating Judge:Judge Wheeler A. Rosenbalm |
Knox County | Court of Appeals | 06/29/04 | |
State of Tennessee v. Mario Estrada
M2004-01291-CCA-RM-CD
This case presents an appeal to this court after remand by order of the Tennessee Supreme Court. The Appellant, Mario C. Estrada, appeals the imposition of a sentence of twelve years confinement in the Department of Correction. The sentence arose from a guilty plea entered by Estrada to one count of arson, eight counts of aggravated assault, and one count of possession of a prohibited weapon. In this appeal, Estrada raises the issue of whether the trial court erred by ordering a sentence of total confinement rather than a less restrictive alternative. After review, we find no error. Accordingly, the judgment is affirmed.
Authoring Judge: Judge David G. Hayes
Originating Judge:Judge Robert L. Jones |
Maury County | Court of Criminal Appeals | 06/29/04 | |
Clayton O. Lovlace, Jr. v. Susan Verlain Irvine Lovlace
M2003-01274-COA-R3-CV
The trial court granted Mother's petition for conservatorship of the parties' disabled son; enforced MDA provision requiring Father to pay child support beyond child attaining age of majority; increased Father's child support obligation; and ordered Father to continue to maintain life and disability insurance. We affirm.
Authoring Judge: Judge David R. Farmer
Originating Judge:Judge Frank G. Clement, Jr. |
Hickman County | Court of Appeals | 06/28/04 | |
James Galloway v. Liberty Mutual Insurance Company
W2003-01628-SC-R3-CV
We granted review in this workers’ compensation appeal to determine whether an employee who was less than age 60 on the date of injury, but who reached maximum medical improvement and permanent total disability status after age 60, is entitled to a minimum of 260 weeks of benefits under Tennessee Code Annotated section 50-6-207(4)(A)(i) (Supp. 2003). The Chancellor determined that because the employee was less than 60 years of age when the injury occurred, he was entitled to permanent total disability benefits for only 232 weeks until he was eligible for full benefits under the Social Security Act. The employee’s appeal was transferred to the full Supreme Court prior to the Special Workers’ Compensation Appeals Panel hearing argument and issuing its decision. After reviewing the record and applicable authority, we conclude that the Chancellor properly construed the statute in awarding the employee 232 weeks of permanent total disability benefits pursuant to Tennessee Code Annotated section 50-6-207(4)(A)(i). We therefore affirm the Chancellor’s judgment.
Authoring Judge: Justice E. Riley Anderson
Originating Judge:Judge J. Steven Stafford |
Dyer County | Supreme Court | 06/28/04 | |
State of Tennessee v. Dennis James Varner
E2003-02223-CCA-R3-CD
The Defendant, Dennis James Varner, entered a conditional plea of guilty to driving under the influence following the trial court's denial of his motion to suppress evidence attendant upon his stop at a roadblock. The Defendant reserved for this Court's ruling a certified question of law regarding the constitutionality of his stop by law enforcement officers. Upon our review of the record and pertinent legal authority, we have determined that the trial court erred in denying the Defendant's motion to suppress. Accordingly, we reverse the trial court's judgment and dismiss the charges against the Defendant arising out of his stop at a roadblock conducted in contravention of Tennessee's constitution.
Authoring Judge: Judge David H. Welles
Originating Judge:Judge Stephen M. Bevil |
Hamilton County | Court of Criminal Appeals | 06/28/04 | |
Theresa Caldwell, et al., v. Canada Trace, Inc.
W2003-00264-COA-R3-CV
This case involves the attachment of a mobile home and its subsequent transport to a storage facility. The Appellee sued out an attachment on the Appellants’ mobile home to secure payment of past rent due on a tenancy at Appellee’s trailer park. Appellee had the mobile home transported after it was attached and Appellants sued Appellee for damages to the mobile home. The Shelby County General Sessions Court found in favor of Appellants, and Appellee appealed to the Circuit Court. The Circuit Court found in favor of Appellee, and Appellants now appeal to this Court. For the following reasons, we affirm in part, reverse in part, and remand for further proceedings.
Authoring Judge: Judge Alan E. Highers
Originating Judge:Judge Karen R. Williams |
Shelby County | Court of Appeals | 06/28/04 | |
Larry Benton v. The Vanderbilt University
M2002-00085-SC-R11-CV
We granted this appeal to determine whether a third-party beneficiary who seeks to enforce a contract between a hospital and an insurance carrier may be bound by an arbitration provision in the contract. The trial court denied the hospital’s motion to compel arbitration, finding that the thirdparty beneficiary was not a party to the contract between the hospital and the insurance carrier. The Court of Appeals reversed, concluding that the arbitration provision could be enforced against the third- party beneficiary in this case. After reviewing the record and authority, we conclude that an arbitration provision in a contract is enforceable against a third-party beneficiary who has filed a cause of action seeking to enforce the contract.
Authoring Judge: Justice E. Riley Anderson
Originating Judge:Judge Carol L. Soloman |
Davidson County | Supreme Court | 06/28/04 | |
Larry Benton v. The Vanderbilt University - Dissenting
M2002-00085-SC-R11-CV
Authoring Judge: Justice Adolpha A. Birch, Jr.
Originating Judge:Judge Carol L. Soloman |
Davidson County | Supreme Court | 06/28/04 | |
State of Tennessee v. Robert L. Stevenson
W2003-02097-CCA-R3-CD
A Shelby County Criminal Court jury convicted the defendant, Robert L. Stevenson, of burglary of a building, a Class D felony, and the trial court sentenced him as a career offender to twelve years in the Department of Correction. The defendant appeals, claiming (1) that the evidence is insufficient to support his conviction and (2) that the trial court erred by allowing the state to impeach him with prior convictions. We affirm the judgment of the trial court.
Authoring Judge: Judge Joseph M. Tipton
Originating Judge:Judge Chris B. Craft |
Shelby County | Court of Criminal Appeals | 06/28/04 | |
Michael R. Lewis v. State of Tennessee
W2003-01935-CCA-R3-PC
The petitioner, Michael R. Lewis, appeals the Lauderdale County Circuit Court’s dismissal of his petition for post-conviction relief. On appeal, he claims that ineffectiveness of trial counsel resulted in an invalid, 2001 jury conviction of reckless aggravated assault and that post-conviction relief from the conviction is warranted. Because the record supports the post-conviction court’s findings and conclusion, we affirm.
Authoring Judge: Judge J. Curwood Witt, Jr.
Originating Judge:Judge Joseph H. Walker, III |
Lauderdale County | Court of Criminal Appeals | 06/28/04 | |
John W. Smith v. State of Tennessee
M2003-00729-CCA-R3-PC
The petitioner, John W. Smith, appeals the denial of his petition for post-conviction relief. The single issue presented for review is whether the petitioner was denied the effective assistance of counsel at trial. The judgment is affirmed.
Authoring Judge: Presiding Judge Gary R Wade
Originating Judge:Judge Cheryl A. Blackburn |
Davidson County | Court of Criminal Appeals | 06/25/04 | |
Stefan Olaru v. Steven D. Brown
E2003-02875-COA-R3-CV
Stefan Olaru filed an action for malpractice against his former attorney, Steven D. Brown. The trial court dismissed the complaint based upon the defendant's plea of a discharge in bankruptcy. The plaintiff appeals. We affirm.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Judge Jacqueline E. Schulten |
Hamilton County | Court of Appeals | 06/25/04 | |
State of Tennessee v. Anthony Charles Henderson
M2003-02145-CCA-R3-CD
On August 1, 2001, Defendant, Anthony Charles Henderson, entered guilty pleas to two counts of sale of cocaine in an amount less than .5 grams, a Class C felony. See Tenn. Code Ann. § 39-17-417. Defendant received concurrent sentences of five years for his convictions with ninety days to be served in confinement and the remainder to be served on supervised probation. Defendant was also ordered to pay $2,000 in fines. On July 24, 2002, a violation of probation warrant was issued. Following an evidentiary hearing, the trial court found that Defendant violated the conditions of his probation and ordered Defendant to serve his original sentences in confinement. Defendant appeals the trial court’s revocation of probation, arguing that there was no substantial evidence to support the revocation. Defendant also argues that the sentences imposed following the revocation were excessive. After reviewing the record on appeal, we conclude that the trial court did not abuse its discretion in revoking Defendant’s probation and ordering Defendant to serve his original sentences in confinement.
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Judge Leon C. Burns, Jr. |
White County | Court of Criminal Appeals | 06/25/04 | |
State of Tennessee v. Joseph Chi-Choi Wong
M2003-00504-CCA-R3-CD
The appellant, Joseph Chi-Choi Wong, was convicted by a jury on three counts of promoting prostitution and three counts of money laundering. As a result, he was sentenced to an effective sentence of twenty-four (24) years. In this direct appeal, the appellant challenges: (1) the trial court's decision to admit certain evidence that was found in the appellant's apartment; (2) the trial court's failure to dismiss the indictment due to the asserted unconstitutionality of the Tennessee prostitution and money laundering statutes; (3) the trial court's failure to sever the prostitution counts from the money laundering counts; (4) the trial court's failure to suppress the evidence procured from the appellant's apartment as a result of the search warrant; (5) the trial court's imposition of an excessive sentence; and (6) the trial court's failure to mitigate the appellant's sentence. After a thorough review of the record, we affirm the judgments of the trial court.
Authoring Judge: Judge Jerry L. Smith
Originating Judge:Judge Cheryl A. Blackburn |
Davidson County | Court of Criminal Appeals | 06/25/04 | |
State of Tennessee v. Kewan Jackson
W2003-01917-CCA-R3-CD
The appellant, Kewan Jackson, was found guilty by a jury in the Shelby County Criminal Court of criminally negligent homicide and reckless aggravated assault. The appellant received a total effective sentence of three years in the Shelby County Workhouse. On appeal, the appellant challenges the sufficiency of the evidence supporting his convictions and the refusal of the trial court to remove a juror. Upon our review of the record and the parties’ briefs, we affirm the judgments of the trial court.
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:Judge J. C. McLin |
Shelby County | Court of Criminal Appeals | 06/25/04 | |
James Edward Dicken v. State of Tennessee
M2003-01455-CCA-R3-CD
The petitioner, James Edward Dicken, appeals the denial of his petition for post-conviction relief. He contends that he was denied the effective assistance of counsel. The judgment of the post-conviction court is affirmed.
Authoring Judge: Presiding Judge Gary R. Wade
Originating Judge:Judge Jane W. Wheatcraft |
Sumner County | Court of Criminal Appeals | 06/25/04 | |
State of Tennessee v. Daryl Eugene Fortner
M2003-00950-CCA-R3-CD
Following a jury trial, the defendant was convicted of two counts of attempted first degree murder, Class A felonies. He was also convicted of one count of aggravated burglary, a Class C felony. The defendant contends on appeal that (1) the evidence was insufficient to establish the requisite intent required for committing first degree murder, (2) the trial court erred in instructing the jury on diminished capacity, and (3) the sentence was excessive. Finding no reversible error, we affirm the judgments of the trial court.
Authoring Judge: Judge John Everett Williams
Originating Judge:Judge Michael R. Jones |
Montgomery County | Court of Criminal Appeals | 06/25/04 |