Pamela H Arvey v. Aztex Enterprises
E2001-01262-WC-R3-CV
The employer contends the trial court erred in refusing to cap the award at two and one-half times the medical impairment and that the award is excessive under the facts. We affirm the judgment of the trial court.
Authoring Judge: Howell N. Peoples, Special Judge
Originating Judge:Frank V. Williams, III, Chancellor |
Knox County | Workers Compensation Panel | 05/24/02 | |
Jermaine A. Paine v. State of Tennessee
W2001-01564-CCA-R3-PC
On February 23, 1999, the Defendant, Jermaine Payne, pled guilty to one count of second degree murder and two counts of attempted first degree murder. He was sentenced to twenty-five years for the second degree murder and fifteen years for each of the attempted murders. The sentences were to be served concurrently. The Defendant subsequently filed a pro se Petition for Post-Conviction relief which was amended with the aid of appointed counsel. The petition alleged that the Defendant was denied effective assistance of counsel. A hearing was held on the petition on January 12, 2001, and relief was denied. The Defendant now appeals the trial court's denial of post-conviction relief. We affirm the judgment of the trial court.
Authoring Judge: Judge David H. Welles
Originating Judge:Judge Joseph B. Dailey |
Shelby County | Court of Criminal Appeals | 05/24/02 | |
State of Tennessee v. Charles Kirby
W2001-00791-CCA-R3-CD
The appellant, Charles Kirby, was found guilty of facilitation of the sale of cocaine in the amount of .5 gram or more. He was sentenced to five years incarceration in the Tennessee Department of Correction. The appellant timely filed a notice of appeal, alleging that the evidence is insufficient to support his conviction. After review of the record and the parties' briefs, we affirm the judgment of the trial court.
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:Judge L. Terry Lafferty |
Gibson County | Court of Criminal Appeals | 05/24/02 | |
Julia Beth Crews v. Buckman Laboratories
W2000-01834-SC-R11-CV
The sole issue in this case is whether an in-house lawyer can bring a common-law claim for retaliatory discharge when she was terminated for reporting that her employer's general counsel was engaged in the unauthorized practice of law. The trial court dismissed the plaintiff's complaint for failure to state a claim, and the dismissal was affirmed by the Court of Appeals. We granted permission to appeal to the plaintiff and hold that in-house counsel may bring a common-law action for retaliatory discharge resulting from counsel's compliance with a provision of the Code of Professional Responsibility that represents a clear and definitive statement of public policy. Accordingly, the judgment of the Court of Appeals is reversed, and this case is remanded to the trial court for further proceedings.
Authoring Judge: Justice William M. Barker
Originating Judge:D'Army Bailey |
Shelby County | Supreme Court | 05/24/02 | |
Leo Davis Jr. vs. Angela Davis
W2001-01748-COA-R3-CV
This appeal arises from a divorce proceeding initiated by the husband. The trial court, holding that husband had engaged in inappropriate marital conduct, granted the divorce to the wife. The trial court valued and classified much of the parties' property with limited proof. The court further awarded wife attorney's fees and costs. Husband now raises several issues for our review. For the foregoing reasons, we affirm in part, reverse in part, and remand this case for further proceedings.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Joe C. Morris |
Madison County | Court of Appeals | 05/23/02 | |
Pauline Cato v. Montgomery County Bd of Commissioners
M2001-01846-COA-R3-CV
This appeal arises from a property owner's efforts to rezone a 94-acre tract of property in the Sango community of Montgomery County from an agricultural to a residential classification. Despite the planning commission's approval of the proposal, the Montgomery County Commission declined to change the property's zoning classification. The property owner thereafter filed a petition for common-law writ of certiorari in the Chancery Court for Montgomery County asserting that the county commission had succumbed to community pressure and lacked any other appropriate basis for declining to rezone the property. The trial court, sitting without a jury, upheld the county commission's decision after concluding that it was fairly debatable whether the proposed development was compatible with the surrounding community. The property owner has appealed. We have determined that the courts have no basis to second-guess the county commission's decision and, therefore, we affirm the judgment.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Michael R. Jones |
Montgomery County | Court of Appeals | 05/23/02 | |
Donald King vs. Betty King
W2001-01766-COA-R3-CV
This is an alimony case. The parties were married for twenty-nine years. The wife is disabled and unable to work. Upon divorce, the husband was ordered to pay alimony in futuro until the wife reaches sixty-two years of age. On appeal, the husband argues that the trial court improperly assessed the wife's living expenses, and that the husband will not be able to afford the necessities of life if he is required to fulfill his alimony obligation. We affirm, finding that the trial court did not abuse its discretion.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Joe C. Morris |
Henderson County | Court of Appeals | 05/23/02 | |
Lillard Watts vs. Kroger
W2001-01834-COA-R3-CV
This is a personal injury case dismissed by the trial court as barred by the statute of limitation because it was filed more than one year after the first voluntary nonsuit. Plaintiff filed a motion to alter or amend the order of dismissal pursuant to Tenn. R. Civ. P. 59.04 and also filed a Tenn. R. Civ. P. 60.02 motion to set aside the orders of nonsuit as invalid. The trial court denied both motions, and plaintiff has appealed. We affirm.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Rita L. Stotts |
Shelby County | Court of Appeals | 05/23/02 | |
Ronnie Carroll vs. Nancy Braden vs. James Palmer
W2001-01901-COA-R3-CV
This appeal involves a disputed tract of land that the third-party plaintiff allegedly purchased in 1983 and received a deed for in 1987. The trial court held that plaintiff's statutes of limitation had expired and granted a motion for summary judgment in favor of the third-party defendant who executed the deed. For the following reasons, we affirm.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:J. Steven Stafford |
Dyer County | Court of Appeals | 05/23/02 | |
Carolyn Joy Morrison v. Charles Roy Morrison
W2001-02653-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Karen R. Williams |
Shelby County | Court of Appeals | 05/23/02 | |
State of Tennessee v. Steven James McCain
M2000-02989-CCA-R3-CD
The appellant, Steven James McCain, was convicted by a jury in the Criminal Court of Davidson County of two counts of first degree premeditated murder. He received two consecutive sentences of life imprisonment with the possibility of parole. On appeal, the appellant raises the following issues for our review: (1) whether the trial court erred in denying the appellant's "Motion to Suppress Identifications Made During an Unconstitutional Photographic Line-Up Procedure"; (2) whether the trial court erred in denying the appellant's "Motion to Suppress Defendant's Statements"; (3) whether the trial court erred in admitting the audio-tape-recorded statement of Chad Collins; (4) whether the trial court erred in overruling the defense request for a mistrial when the prosecution improperly argued that the jury should consider Chad Collins' statement as substantive evidence at trial; and (5) whether the evidence was sufficient to support his convictions. Upon 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. Randall Wyatt, Jr. |
Davidson County | Court of Criminal Appeals | 05/22/02 | |
State of Tennessee v. Willie J. Miller, Jr.
M2001-01868-CCA-R3-CD
The defendant appeals from his conviction for child rape rendered after a jury trial. On appeal, the defendant claims: (1) the trial court erred in denying the defendant's request for an appointed DNA expert; (2) the victim, who was five years old at the time of trial, was not competent to testify; and (3) the evidence was insufficient to support his conviction because the victim's testimony should not have been presented. We affirm the judgment of the trial court.
Authoring Judge: Judge Joe G. Riley
Originating Judge:Judge Timothy L. Easter |
Williamson County | Court of Criminal Appeals | 05/22/02 | |
Christopher N. Robinson v. William Fulliton
CH-00-1645-3
Originating Judge:D. J. Alissandratos |
Shelby County | Court of Appeals | 05/22/02 | |
CH-00-0659-1
CH-00-0659-1
Originating Judge:Walter L. Evans |
Shelby County | Court of Appeals | 05/22/02 | |
Frankie Davis vs. Jason Davis
W2001-01842-COA-R3-CV
In this post-divorce proceeding, the State of Tennessee filed a petition against Mr. Jason Davis (hereinafter "Father") for contempt and seeking child support arrears ordered to be paid to the custodial parent, Ms. Frankie Davis (Gant) (hereinafter "Mother"). The trial court granted the State a judgment in the amount of $1,660.00, representing the amount of State assistance paid to the Mother and children, to be liquidated by the Father at the rate of $10.50 per week. The State has appealed. We affirm as modified in part, reverse in part, and remand.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:George R. Ellis |
Gibson County | Court of Appeals | 05/22/02 | |
Steven Case v. Shelby County Civil Service Merit Board,
CH-00-1886-3
Originating Judge:D. J. Alissandratos |
Shelby County | Court of Appeals | 05/22/02 | |
Steven Robert Williams v. Margaret Simpson Williams
W2001-00101-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Originating Judge:D'Army Bailey |
Shelby County | Court of Appeals | 05/22/02 | |
Larry Butler vs. Gwendolyn Butler
W2001-01137-COA-R3-CV
This is a contempt of court case. The father and mother were divorced in August 1999. The father was ordered to make child support payments to the mother. The mother later filed a motion to require the father to pay his child support obligation through income assignment. The mother then sought the assistance of a state-authorized child support enforcement contractor to assist her in obtaining an increase in child support. This act triggered statutory provisions associated with Title IV-D of the Social Security Act. The trial court denied the mother's motion to require income assignment, and ordered that the child support payments continue to be paid directly to the mother. The child support contractor then caused a child support payment coupon to be sent to the father, and also issued, on behalf of the Tennessee Department of Human Services, an administrative order to redirect the child support payments to the State's child support collection and disbursement unit. In response, the father filed a motion to hold the mother in civil contempt for taking actions to have the child support payments made by income assignment, and also sought an order enjoining the mother from utilizing the child support contractor. The trial court ordered that the administrative order be set aside. The mother then filed another motion, inter alia, to have the father pay child support by income assignment through the State's central child support collection and disbursement unit. The father filed another motion to have the mother and the child support contractor cited for contempt of court. The trial court held the mother and the child support contractor in contempt, fined each of them, ordered that they reimburse the father for the administrative fees and his attorney's fees, and pay court costs. We reverse, holding that the finding of contempt by the trial judge was an abuse of discretion because the original order was contrary to Tennessee law; Tennessee statutes require the father's child support payments to be redirected through the State child support collection and disbursement unit, and the record does not include evidence supporting an exemption from the statutory requirement that the payments be made by income assignment.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:George R. Ellis |
Haywood County | Court of Appeals | 05/22/02 | |
State of Tennessee v. Tracy Farrell
E2001-01199-CCA-R3-CD
The defendant, Tracy Farrell, appeals from his eleven drug convictions rendered by a McMinn County Criminal Court jury. On appeal he challenges the trial court's failure to grant a severance of offenses. We have determined that the trial court did not abuse its discretion in denying the motion to sever offenses, and we affirm the conviction judgments.
Authoring Judge: Judge James Curwood Witt, Jr.
Originating Judge:Judge Carroll L. Ross |
McMinn County | Court of Criminal Appeals | 05/21/02 | |
Pioneer Subdivision Homeowners vs. Professional Counseling
W2001-03053-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Ron E. Harmon |
Dyer County | Court of Appeals | 05/21/02 | |
State of Tennessee v. Terry Norris
W2000-00707-CCA-R3-CD
A Shelby County jury found the Defendant guilty of second degree murder, and the trial court sentenced him to twenty-one years incarceration. The Defendant now appeals his conviction, arguing that he received ineffective assistance of counsel at trial because (1) his counsel failed to file a motion to suppress his confession based upon a violation of the Defendant's Fourth Amendment rights; and (2) his counsel argued a theory of defense to the jury that was contrary to the Defendant's wishes and testimony. We conclude that the Defendant's trial counsel were not ineffective for failing to base the motion to suppress the Defendant's confession on a violation of the Defendant's Fourth Amendment rights. We further conclude that although the Defendant's counsel did not comply with the Defendant's wish to proceed at trial under a theory of self-defense, any error in this regard was harmless in light of the record as a whole. We therefore affirm the judgment of the trial court.
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Judge James C. Beasley, Jr. |
Shelby County | Court of Criminal Appeals | 05/21/02 | |
Thomas Nelson vs. Robin Nelson
W2001-01515-COA-R3-CV
In this divorce case, Husband appeals the type and amount of alimony awarded Wife, the award to Wife of his military Survivor Benefit Plan, the calculation of his retirement pay and the award to Wife of her attorney's fees. We have determined, based on this record, that the judgment be modified to reduce the amount of alimony in futuro, but otherwise affirm.
Authoring Judge: Judge David R. Farmer
Originating Judge:George R. Ellis |
Gibson County | Court of Appeals | 05/21/02 | |
Decatur County vs. Vulcan Materials
W2001-00858-COA-R3-CV
This case involves the constitutionality of a mineral severance tax increase. In 1984, the Tennessee General Assembly enacted a public act of statewide application authorizing counties to collect a mineral severance tax, directing that the proceeds of the tax be deposited in the county road fund. In 1987, the General Assembly passed a private act allowing Decatur County to impose a mineral severance tax, but allocating the revenue from the tax to the county's general fund. Decatur County adopted the tax and the proceeds went to the county's general fund. In 1994, the General Assembly amended the private act to provide for an increase in the mineral severance tax. Decatur County adopted the increased rate, and then filed suit against a company that severed minerals from the earth in that county, to collect the mineral severance tax at the increased rate. The mineral company, and three other mineral companies, resisted payment of the tax, arguing inter alia that the tax was unconstitutional under Article XI, Section 8 of the Tennessee Constitution, the equal protection clause, because the proceeds were allocated to the county's general fund, rather than to the county road fund, as directed in the public act authorizing the tax. After a trial, the trial court held that the mineral companies were estopped from arguing that the tax was unconstitutional, and, in the alternative, that the tax was constitutional because the mineral companies failed to show that there was not a rational basis for the allocation of the funds to the county's general fund rather than to the road fund. Both parties appealed. We affirm in part and reverse in part, finding that the mineral companies were not required to pay the tax in protest, that the mineral companies have standing to sue and are not estopped from contesting the constitutionality of the tax, and finally that the tax is constitutional because there is a rational basis for allocating the revenue to the county's general fund rather than to its road fund.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Ron E. Harmon |
Decatur County | Court of Appeals | 05/21/02 | |
Pioneer Subdivision Homeowners vs. Professional Counseling
W2001-03053-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Ron E. Harmon |
Dyer County | Court of Appeals | 05/21/02 | |
John C. Flowers v. Joseph E. Turner And Connie Turner
W2001-01429-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Roy B. Morgan, Jr. |
Madison County | Court of Appeals | 05/21/02 |