State of Tennessee v. Michael Allen Conrad
E2001-02799-CCA-R3-CD
The defendant, Michael Allen Conrad, appeals as of right the Knox County Criminal Court's denial of his motion to withdraw his guilty pleas to three counts of attempted statutory rape, a Class A misdemeanor. He received the agreed sentences of two consecutive and one concurrent eleven-month-twenty-nine-day terms on probation. The defendant contends that his guilty pleas were involuntary because his attorney erroneously advised him that he would not have to register with Tennessee's sexual offender registry. He argues that had he known that he was subject to the registry, he would not have pled guilty but would have gone to trial. We conclude that the defendant should be allowed to withdraw his guilty pleas to prevent manifest injustice.
Authoring Judge: Judge Joseph M. Tipton
Originating Judge:Judge Mary Beth Leibowitz |
Knox County | Court of Criminal Appeals | 05/15/03 | |
Jarvis D. Cohen v. State of Tennessee
W2002-00828-CCA-R3-PC
The petitioner appeals the denial of his petition for post-conviction relief. The petitioner contends his trial counsel failed to investigate his case and meet with him regularly. He further contends his trial counsel never held a hearing on his motion to suppress his identification, thus rendering his plea involuntary. We conclude that the evidence does not preponderate against the findings of the post-conviction court. We affirm the post-conviction court's denial of post-conviction relief.
Authoring Judge: Judge John Everett Williams
Originating Judge:Judge Bernie Weinman |
Shelby County | Court of Criminal Appeals | 05/15/03 | |
State of Tennessee v. Donald Clark
W2001-01549-CCA-R3-CD
A Shelby County jury found the defendant, Donald Clark, guilty of especially aggravated robbery. The trial court subsequently sentenced the defendant to serve twenty-seven years as a violent offender. The defendant now appeals his conviction, (1) challenging the sufficiency of the evidence to support his conviction and (2) the trial court's failure to charge the lesser-included offense of reckless aggravated assault. After a thorough review of the record, we find that the evidence is sufficient to support the verdict, but that the trial court erred by failing to instruct the jury on the offense of reckless aggravated assault. However, we find that error to be harmless beyond a reasonable doubt. Therefore, we affirm the judgment of the trial court.
Authoring Judge: Judge Jerry L. Smith
Originating Judge:Judge Joseph B. Dailey |
Shelby County | Court of Criminal Appeals | 05/15/03 | |
Randy Selby v. Highways, Inc.
M2002-00340-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 hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The defendant appeals the trial court's decision on the grounds that it argues that the medical testimony preponderates against the trial court's finding that the August 22, 1998, incident was the cause of the plaintiff's psychological injury, that the trial court erroneously allowed Dr. John Averitt, a clinical psychologist, to testify on the issue of permanency and causation, that the trial court erroneously relied upon the testimony of Dr. Averitt in weighing the medical expert evidence, and that the trial court erroneously allowed Dr. Averitt to testify on the issue of maximum medical improvement. We affirm the decision of the trial court but modify the judgment as to the date of the plaintiff's maximum medical improvement. Tenn. Code Ann. _ 5-6-225(e) (1999) Appeal as of Right; Judgment of the Putnam County Circuit Court is Affirmed as Modified BYERS, SR.J., in which DROWOTA, C.J., and LOSER, SP.J., joined. John W. Barringer, Jr., of Nashville, Tennessee, for the Appellant, Highways, Inc. James P. Smith, of Crossville, Tennessee, for the Appellee, Randy Selby. MEMORANDUM OPINION 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 548, 55 (Tenn. 1995). The application of this standard requires this Court to weigh in more depth the factual findings and conclusions of the trial courts in workers' compensation cases. See Corcoran v. Foster Auto GMC, Inc., 746 S.W.2d 452, 456 (Tenn. 1988). Facts The plaintiff (employee) was thirty-eight years of age at the time of trial. He testified that he left high school in the ninth grade and began working on a tobacco farm where he worked for approximately two years. He then worked on another farm, in a garment factory, and in a foam rubber factory. He then got married, obtained his graduate equivalency degree, and attended a communications vocational school in the state of Washington. He did not obtain a degree from this school, despite his having thought he did. His final job before working for the defendant was at a paving company where he ran machinery. The plaintiff testified that he began working for the defendant company in approximately 1993. He alleges that he received psychological injuries from an incident that occurred on August 22, 1998, in the course and scope of his employment with Townsend Tree Service. Specifically, the plaintiff alleges that while he was working on a sand crusher at a sand plant, he was "hit on the side of the head with a coke can which caused him to become psychologically unstable." The plaintiff testified that over the course of the years he worked for the defendant there were several "incidents that made him feel bad," and he felt he was abused, harassed, teased, and outright tortured by his co- workers. The testimony at trial showed that this harassment included the plaintiff being shot with a BB gun, being pushed into a lake, getting caught in flume box and drenched with thousands of gallons of water, having lit cigarettes placed in his pockets, having starter fluid sprayed down his pants, and having a rope tied around his neck and pulled by a loader. The plaintiff testified that following the can-throwing incident of August 22, 1998, he went to the emergency room after his eye began to swell and his mother could tell that something was wrong with him. In the emergency room, medical personnel determined that the plaintiff indeed had an injury to the right side of his face. Following his visit to the emergency room, the plaintiff was treated for symptoms of anxiety and panic. He testified that these symptoms manifested themselves in anxiety, hypersensitivity, difficulty focusing, difficulty sleeping, and delusions, including the delusion that his co-workers are trying to kill him. He was treated by Dr. Kirby Pate and examined by several doctors and psychiatrists who testified at trial. Pursuant to the testimony of these doctors, the trial court held that the plaintiff was permanently and totally disabled as a result of the injury of August 22, 1998, to his mental faculties. Medical Evidence The medical evidence for the purposes of the issues raised in this trial was presented by the depositions of Dr. Kirby Pate, Dr. James W. Varner, Dr. Ben Bursten, and Dr. Susan K. Vaught, and by the live testimony of Dr. John Averitt. Dr. Pate, a licensed psychiatrist in Nashville, Tennessee, testified by deposition that he first -2-
Authoring Judge: Byers, Sr.J.
Originating Judge:John A. Turnbull, Judge |
Putnam County | Workers Compensation Panel | 05/15/03 | |
State of Tennessee v. George Glenn King, Jr.
W2001-02823-CCA-R3-CD
The defendant, George Glenn King, Jr., appeals his convictions by a Gibson County Circuit Court jury for first degree murder for which he received an effective sentence of life in prison. He was also convicted of especially aggravated burglary, a Class B felony, for which he received a concurrent sentence of eight years. He contends that he is entitled to a new trial because the state's eliciting expert testimony on the ultimate issue of his insanity and prosecutorial misconduct in closing argument constitute plain error. He also argues that the trial court should have merged his convictions for premeditated and felony murder arising from a single killing. We agree that the defendant's first degree murder convictions should be merged, but we otherwise discern no plain error and affirm the judgments of conviction as modified.
Authoring Judge: Judge Joseph M. Tipton
Originating Judge:Judge L. Terry Lafferty |
Gibson County | Court of Criminal Appeals | 05/15/03 | |
State of Tennessee v. Rashad J. Chandler
W2001-01565-CCA-R3-CD
A Shelby County grand jury indicted the defendant on charges of first degree premeditated murder, felony murder, and especially aggravated robbery. A trial jury subsequently convicted him of first degree premeditated murder and acquitted him of the remaining charges. The defendant then unsuccessfully pursued a new trial motion. In this appeal the defendant asserts that the trial court erred by not suppressing his statement and that the jury's verdict is inconsistent with the evidence presented at trial. After reviewing the record and relevant authorities, we find neither of the defendant's claims meritorious. We, therefore, affirm the judgment of the trial court.
Authoring Judge: Judge Jerry L. Smith
Originating Judge:Judge John P. Colton, Jr. |
Shelby County | Court of Criminal Appeals | 05/15/03 | |
State of Tennessee v. Jerry Lee Honey
W2002-01187-CCA-R3-CD
The Defendant, Jerry Lee Honey, was convicted by a jury of two counts of first degree premeditated murder and sentenced to two concurrent terms of life imprisonment. The Defendant now appeals, challenging the sufficiency of the evidence. We affirm the judgments of the trial court.
Authoring Judge: Judge David H. Welles
Originating Judge:Judge Jon Kerry Blackwood |
Hardeman County | Court of Criminal Appeals | 05/15/03 | |
State of Tennessee v. Ronald W. Jenkins, II
E2002-02437-CCA-R3-CD
The Defendant, Ronald W. Jenkins, II, pled guilty to reckless homicide, felony reckless endangerment, and DUI, second offense. The Defendant was thereafter sentenced to two years for the homicide, one year for the reckless endangerment, to be served concurrently, and eleven months, twenty-nine days for the DUI, to be served consecutively. The Defendant's driver's license was also suspended for a period of two years. The Defendant's sentences were suspended after service of 150 days, and he was placed on three years of probation. Within a few months of beginning his probationary period, the Defendant was arrested and convicted of driving on a revoked license. A probation violation warrant was filed, a hearing conducted, and the trial court revoked the Defendant's probation. The Defendant now appeals, complaining that the trial court erred in revoking his probation. We affirm the judgment of the trial court.
Authoring Judge: Judge David H. Welles
Originating Judge:Judge Phyllis H. Miller |
Washington County | Court of Criminal Appeals | 05/15/03 | |
Fred Delaney v. State of Tennessee
W2002-00496-CCA-R3-PC
The petitioner appeals the denial of his petition for post-conviction relief. He claims ineffective assistance of counsel and that his sentence is excessive. Because this Court previously determined that the petitioner's sentence was not excessive on direct appeal, we dismiss this issue. We conclude that the evidence does not preponderate against the findings of the trial court and affirm the post-conviction court's denial of post-conviction relief.
Authoring Judge: Judge John Everett Williams
Originating Judge:Judge Bernie Weinman |
Shelby County | Court of Criminal Appeals | 05/15/03 | |
State of Tennessee v. N'Kosi Tuggle
W2002-02625-CCA-R3-CD
The defendant, N'Kosi Tuggle, entered a plea of guilt to aggravated robbery. The trial court imposed a Range I sentence of eight years. In this appeal of right, the defendant argues that he should have been classified as an especially mitigated offender. The judgment is affirmed.
Authoring Judge: Presiding Judge Gary R Wade
Originating Judge:Judge W. Otis Higgs, Jr. |
Shelby County | Court of Criminal Appeals | 05/15/03 | |
Neil Friedman vs. Lynn W. Brown
E2002-01615-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:William H. Inman |
Carter County | Court of Appeals | 05/14/03 | |
Neil Friedman vs. Lynn W. Brown
E2002-01615-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
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Carter County | Court of Appeals | 05/14/03 | |
Michael Todd Drinnon v. State of Tennessee
E2002-00998-CCA-R3-PC
Michael Todd Drinnon appeals the dismissal of his second petition for post-conviction relief and attacks his convictions for a variety of reasons, mostly related to the claimed ineffectiveness of his trial counsel. The post-conviction court dismissed the petition as raising issues that had been previously determined and for failure to allege or establish grounds for reopening his previous petition. We affirm.
Authoring Judge: Judge J. Curwood Witt, Jr.
Originating Judge:Judge James E. Beckner |
Hamblen County | Court of Criminal Appeals | 05/14/03 | |
Wayne Bailiff v. State
M2001-01936-COA-R3-CV
In these consolidated appeals a wife appeals the order of the Tennessee Claims Commission dismissing her claim for loss of consortium because it was not brought as a part of her husband's claim, and the husband and wife appeal the Davidson County Circuit Court's denial of their motion to amend to add the wife's claim to the husband's action against the State of Tennessee and other defendants. We reverse the action of the Claims Commission and remand the wife's claim to the Circuit Court for trial.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Thomas W. Brothers |
Davidson County | Court of Appeals | 05/14/03 | |
City of Knoxville vs. Lumari Harshaw
E2002-02519-COA-R3-CV
While on patrol, Officer Gerald Thomas George ("the Officer") heard a "thumping bass noise" coming from a vehicle "at least 100 yards" away. The Officer stopped the vehicle and issued a citation for violation of section 18-5 of the City of Knoxville noise ordinance ("Ordinance") to the driver, Lumari Harshaw ("Defendant"). The Trial Court found Defendant violated the Ordinance. Defendant appeals claiming the City of Knoxville ("City") failed to prove an element of the charge, specifically that the noise was "audible to a person of normal hearing sensitivity more than fifty (50) feet from [the] vehicle." We affirm.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Dale C. Workman |
Knox County | Court of Appeals | 05/14/03 | |
Robert Davidson v. Charles Lindsey
W2000-02891-SC-R11-CV
In this personal injury case, we address whether the trial judge properly performed his duties as thirteenth juror in denying the appellees' motion for new trial. The Court of Appeals found that based on statements made by the trial judge during the trial, at the hearing for the motion for new trial, and at the hearing to set bond and stay execution of the judgment, there was "an appearance of bias" against two of the defendants due to their failure to reach a settlement with the plaintiffs. As a result, the Court of Appeals found that the trial judge could not have properly discharged his duty as thirteenth juror. We reverse. There is no indication that the trial judge was biased against the defendants; instead, it is clear that the trial judge believed that the ultimate outcome was obvious from the outset, and that the bad facts and poor testimony of one of the defendants should have prompted a substantial settlement offer from the defendants. The record indicates that the trial judge considered the issues in the case and explicitly approved the jury's apportionment of fault and the amount of damages awarded. Additionally, acting in our discretion under Tennessee Rule of Appellate Procedure 13(b), we address the other issues raised on appeal by the appellees, and find that they are without merit. As such, we reinstate the judgment of the trial judge approving the jury's verdict.
Authoring Judge: Justice Frank F. Drowota, III
Originating Judge:Julian P. Guinn |
Henry County | Supreme Court | 05/13/03 | |
Lisa Kay Rogers vs. Richard Barrett Rogers
E2002-02300-COA-R3-CV
In this divorce action, the trial court divided marital property and awarded child support and rehabilitative alimony. Both parties raise issues on appeal. We affirm, as modified.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Howell N. Peoples |
Hamilton County | Court of Appeals | 05/13/03 | |
William G. Barnett v State of Tennessee
M2002-01822-CCA-R3-PC
The petitioner, William G. Barnett, appeals the denial of his petition for post-conviction relief. On appeal, the petitioner contends he received ineffective assistance of counsel when he pled guilty to two drug-related offenses. We affirm the judgment of the post-conviction court.
Authoring Judge: Judge Joe G. Riley
Originating Judge:Judge Michael R. Jones |
Montgomery County | Court of Criminal Appeals | 05/13/03 | |
Jeffrey Edmisten v. Kathy Edmisten
M2001-00081-COA-R3-CV
Wife sought separate maintenance and support. After a two year separation during the pendency of Wife's petition, Husband sought a divorce on the statutory ground of the separation. Wife opposed the divorce. The trial court dismissed Husband's counter-complaint, awarded Wife a legal separation, divided the marital property, and awarded alimony in futuro to Wife. Husband appeals, challenging not only the trial court's decision not to award a divorce, but also the division of marital property and award of alimony to Wife. We affirm in part, reverse in part, and modify the trial court's order.
Authoring Judge: Presiding Judge Patricia J. Cottrell
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Williamson County | Court of Appeals | 05/13/03 | |
State of Tennessee v. Tony Alan Garretson
M2002-01262-CCA-R3-CD
Tony Alan Garretson, along with Harold Garretson and Tonya Garretson, sought return of numerous guns alleged to have been unlawfully seized by law enforcement when Tony Garretson was arrested for aggravated assault. The trial court found: (1) Harold Garretson and Tonya Garretson failed to establish they were the lawful owners of the guns; and (2) the guns could not be returned to Tony Garretson because he was convicted of aggravated assault and cannot lawfully possess a weapon. On appeal, the state concedes the guns were unlawfully seized and Harold Garretson and Tonya Garretson established proper ownership. We reverse the judgment of the trial court and remand for another hearing.
Authoring Judge: Judge Joe G. Riley
Originating Judge:Judge Lee Russell |
Bedford County | Court of Criminal Appeals | 05/13/03 | |
2002-02685-COA-R3-CV
2002-02685-COA-R3-CV
Originating Judge:Telford E. Forgerty, Jr. |
Cocke County | Court of Appeals | 05/13/03 | |
Sam Weaver vs. Knox County Board of Zoning Appeals
E2002-02000-COA-R3-CV
Sam C. Weaver filed a petition for writ of certiorari, seeking an order of the trial court setting aside the decision of the Knox County Board of Zoning Appeals ("the BZA") granting Crown Communications, Inc., and BellSouth Personal Communications, Inc., dba Cingular Wireless, (collectively "the cellular companies") permission to construct a 195-foot cellular tower on property owned by one of Weaver's neighbors. The trial court dismissed the petition. We affirm.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:John F. Weaver |
Knox County | Court of Appeals | 05/13/03 | |
New Covenant Baptist Church vs. Panther Sark
E2002-02693-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Thomas R. Frierson, II |
Knox County | Court of Appeals | 05/13/03 | |
Mitch Stooksbury vs. American National Property
E2002-02385-COA-R3-CV
Mitch and Gina Stooksbury ("Plaintiffs") purchased homeowners insurance from American National Property and Casualty Company ("Defendant"). After Plaintiffs' home was destroyed by fire, they were informed by Defendant that their insurance policy had been cancelled prior to the date of loss because of an underwriting risk arising from missing railing on a deck. Defendant claimed to have mailed a cancellation notice and refund check to Plaintiffs in accordance with the terms of the policy. Plaintiffs denied receiving the cancellation notice or refund check. A jury concluded Defendant failed to prove by a preponderance of the evidence that it mailed the cancellation notice to Plaintiffs. The jury also concluded Defendant acted unfairly and in bad faith, and that Defendant's failure to pay the loss was through fraudulent and deceptive practices. The Trial Court entered a judgment for Plaintiffs in the amount of $92,750, for damages pursuant to the insurance contract, plus prejudgment interest on that $92,750. The Trial Court also assessed a 25% bad faith penalty and an additional 5% for punitive damages. Both parties appeal. We affirm the judgment for Plaintiffs in the amount of $92,750 and the prejudgment interest awarded on that $92,750. The bad faith penalty and award of punitive damages is reversed.
Authoring Judge: Judge David Michael Swiney
Originating Judge:James B. Scott, Jr. |
Anderson County | Court of Appeals | 05/13/03 | |
New Covenant Baptist Church vs. Panther Sark
E2002-02693-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
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Knox County | Court of Appeals | 05/13/03 |