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| Ronald Devaney v. City of Rockwood and Tml Risk
1998-00780-WC-R3-CV
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated _ 5-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The trial court found the suit barred by the statue of limitations, and granted summary judgment in favor the City of Rockwood and TML Risk Management Pool, Public Risk Services, Inc. We affirm.
Authoring Judge: Howell N. Peoples, Special Judge
Originating Judge:Frank V. Williams, Chancellor |
Knox County | Workers Compensation Panel | 10/17/00 | |
| State vs. Lester Parker
E2000-00282-CCA-R3-CD
The defendant appeals from a jury trial conviction for criminal attempt to possess Schedule II controlled substance with intent to deliver. In the appeal, the defendant alleges that the evidence was insufficient to support the jury's verdict, the trial court erred in allowing a positive drug test of the defendant to be admitted into evidence, and the trial court erred in denying the defendant's motion to remand the case to the General Sessions Court for a preliminary hearing. We conclude that the issues presented for appeal are without merit and affirm the trial court.
Authoring Judge: Judge William B. Acree
Originating Judge:D. Kelly Thomas, Jr. |
Blount County | Court of Criminal Appeals | 10/17/00 | |
| Harold Angus vs. Western Hert.
W2000-00902-COA-R3-CV
This appeal arises from a dispute between Contractor and Insurer over insurance coverage during a building demolition project. During the project, Contractor knowingly damaged an adjacent structure. When suit was brought against Contractor by the owners of the adjacent structure, Insurer refused coverage. The trial court found Insurers' policy and endorsement to be ambiguous and thus unenforceable. We disagree, finding that the policy and endorsement are not ambiguous and that they clearly state that Insurer will provide no coverage for intentional damage to other structures. We reverse the trial court's ruling and find that Insurer is not liable under the policy.
Authoring Judge: Judge David R. Farmer
Originating Judge:Joe C. Morris |
Madison County | Court of Appeals | 10/17/00 | |
| Willie Grace Green v. Atrium Memorial Surgery
E1999-00730-WC-R3-CV
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated _ 5-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The appellant, Atrium Memorial Surgery Center (hereafter "Atrium Memorial"), appeals an award of thirty-five percent disability to the body as a whole to Willie Grace Green. Appellant contends the trial court erred (1) in finding that the employee's underlying preexisting condition was advanced or progressed by her work, and (2) in awarding permanent partial disability benefits in any amount. We affirm the judgment of the trial court.
Authoring Judge: Peoples, Sp. J.
Originating Judge:Jeffrey Stewart, Chancellor |
Knox County | Workers Compensation Panel | 10/17/00 | |
| State of Tennessee v. Charles A. Reynolds
M2000-00087-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:Buddy D. Perry |
Marion County | Court of Criminal Appeals | 10/17/00 | |
| State vs. John Lee Dockery
E2000-00753-CCA-R3-CD
The Defendant, John Lee Dockery, was convicted after a bench trial of fourth offense driving under the influence (DUI) and driving on a revoked license. In this appeal as of right, the Defendant argues that the trial court erred by admitting into evidence statements the Defendant made to the arresting officer before Miranda warnings were given and that the evidence was insufficient to support the DUI conviction. We conclude that the statements made by the Defendant were properly admitted and that the evidence was sufficient to support the convictions. The judgment of the trial court is affirmed.
Authoring Judge: Judge David H. Welles
Originating Judge:Richard R. Baumgartner |
Knox County | Court of Criminal Appeals | 10/17/00 | |
| Robert Cunningham, Jr.,e t al vs. Shelton Security Service, Inc., et al
M1998-00023-SC-WCM-CV
In this workers' compensation case, the estate of the employee, Robert W. Cunningham, Sr., has appealed from a chancery court judgment dismissing a claim for death benefits filed against the employer, Shelton Security Service, Inc. The employee, who worked as a security guard for the employer, died of heart failure while performing his duties at a store. At the close of the employee's proof, the trial court granted the employer's motion to dismiss on the basis that the emotional stress experienced by the employee the night of his death was not extraordinary or unusual for a security guard. The Special Workers' Compensation Appeals Panel, upon reference for findings of fact and conclusions of law, found that there was sufficient evidence of causation to warrant a trial and, thus, reversed the trial court's dismissal. Thereafter, the employer filed a motion for full Court review of the Panel's decision. We granted the motion for review to consider whether the trial court erred in dismissing the employee's claim on the basis that his heart failure did not arise out of the employment because it was not caused by a mental or emotional stimulus of an unusual or abnormal nature, beyond what is typically encountered by one in his occupation. After carefully examining the record and considering the relevant authorities, we agree with the Panel and reverse the trial court's judgment.
Authoring Judge: Justice E. Riley Anderson
Originating Judge:Carol L. Mccoy |
Davidson County | Supreme Court | 10/17/00 | |
| State vs. Ezra Ervin & Andrew McKinney
E1999-00287-CCA-R3-CD
The defendants were found guilty of robbing a Krystal restaurant in Chattanooga. In this direct appeal, they allege four errors. They contend the evidence was insufficient to support their convictions; the trial court erred in allowing certain items of clothing found in one of the defendant's vehicle to be admitted into evidence because the clothing could not be positively identified as clothing worn by the people robbing the restaurant; the trial court erred in failing to suppress a statement made by one of the defendants at the time of his arrest because the defendant had not been given Miranda warnings; and the trial court erred in failing to declare a mistrial after the jury reported improper verdicts. We conclude there was no error made by the trial court, and the judgments below are affirmed.
Authoring Judge: Judge William B. Acree
Originating Judge:Rebecca J. Stern |
Hamilton County | Court of Criminal Appeals | 10/17/00 | |
| Bobby Conlee vs. Juanita Conlee
W2000-00471-COA-R3-CV
This appeal involves a divorce ending a fourteen year marriage. The trial court granted the husband a divorce and divided the property. On appeal, the wife takes issue with the division of marital property, and the failure of the trial court to award her alimony or attorney's fees. For the following reasons, we affirm the judgment of the trial court in all respects.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Martha B. Brasfield |
Tipton County | Court of Appeals | 10/17/00 | |
| State vs. Joseph Faulkner
W1999-00223-CCA-R3-PC
The appellant presents this appeal following dismissal of his petition for post-conviction relief. Faulkner entered guilty pleas to one count of aggravated rape and three counts of aggravated robbery in the Shelby County Criminal Court. Pursuant to his negotiated plea agreement, the appellant was sentenced to an effective sentence of twenty-five years. The plea agreement further provided that his state sentences were to be served concurrently with outstanding federal sentences and that all sentences would be served in federal custody. After pleading guilty to the state charges, the federal government refused to accept Faulkner into federal custody. Faulkner now asserts that his trial counsel was ineffective for providing erroneous advice and, as a result, his guilty pleas were not knowingly and voluntarily entered. Based upon the unfulfilled bargain of his negotiated plea agreement, he asks that his guilty pleas be set aside and that his case be remanded for trial or other appropriate relief. The State concedes that Faulkner is entitled to post-conviction relief. Finding Faulkner's request for post-conviction relief meritorious, we reverse the judgment of the post-conviction court and remand to the Shelby County Criminal Court for further proceedings.
Authoring Judge: Judge David G. Hayes
Originating Judge:Carolyn Wade Blackett |
Shelby County | Court of Criminal Appeals | 10/17/00 | |
| State vs. Jerry L. Johns
E2000-00505-CCA-R3-CD
The Defendant, Jerry L. Johns, appeals from the order of the trial court dismissing his "Motion to Vacate Judgment" as barred by the statute of limitations. The trial court apparently treated the Defendant's motion as a petition for post-conviction relief. We hold that the trial court properly treated the Defendant's motion as a petition for post-conviction relief and that the motion was properly dismissed because it was barred by the statute of limitations, because another post-conviction petition had already been filed and resolved on the merits, and because the grounds for relief alleged by the Defendant had been previously determined. Accordingly, we affirm the judgment of the trial court.
Authoring Judge: Judge David H. Welles
Originating Judge:Ray L. Jenkins |
Knox County | Court of Criminal Appeals | 10/17/00 | |
| State vs. Joseph Miles
M1998-00682-CCA-R3-PC
Defendant Joseph Miles was convicted by a Robertson County jury of second degree murder. After a sentencing hearing, the trial court sentenced Defendant as a Range II violent offender to forty years. On appeal, Defendant raises the following issues: (1) whether the evidence is sufficient to support his conviction for second degree murder, (2) whether the sentence imposed by the trial court is excessive, and (3) whether a finding of plain error pursuant to Tenn. R. Crim. P. 52(b) justifies a dismissal of charges on the ground that the State participated in a conspiracy to kill Defendant. After a review of the record, we affirm the judgment of the trial court.
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Robert W. Wedemeyer |
Robertson County | Court of Criminal Appeals | 10/17/00 | |
| State vs. Ronald Byrd
E2000-00118-CCA-R3-CD
The Defendant, Ronald W. Byrd, was convicted of criminal trespass, a Class C misdemeanor. In this appeal as of right, he asserts that the evidence was insufficient to support the conviction. We hold that the evidence was sufficient to support the conviction, and we affirm the judgment of the trial court.
Authoring Judge: Judge David H. Welles
Originating Judge:Phyllis H. Miller |
Sullivan County | Court of Criminal Appeals | 10/17/00 | |
| State vs. Chester Lebron Bennett
E2000-02735-CCA-RM-CD
This case presents an appeal to this court after remand by order of the Tennessee Supreme Court. The Appellant, Chester Lebron Bennett, pled guilty to five counts of criminal exposure to HIV and was sentenced to five concurrent four-year Department of Correction sentences. This court, on direct appeal, remanded the case to the trial court for consideration of alternative sentencing. See State v. Chester Lebron Bennett, No. 03C01-9810-CR-00346 (Tenn. Crim. App. at Knoxville, July 28, 1999), perm. to appeal granted, (Tenn. Oct. 16, 2000). Subsequent to this court's decision, the supreme court released its decision in the case of State v. Daryl Hooper, No. M1997-00031-SCR-11-CD (Tenn. at Nashville, Sept. 21, 2000) (for publication). In State v. Daryl Hooper, the court announced new sentencing considerations regarding the need for deterrence as grounds for denying an alternative sentence. In light of its decision in State v. Daryl Hooper, the court remanded the case to this court for reconsideration. See State v. Chester Lebron Bennett, No. E1998-00614-SC-R11-CD (Tenn. at Knoxville, Oct. 16, 2000). After revisiting this issue under the standards announced in State v. Daryl Hooper, we affirm the trial court's denial of alternative sentencing.
Authoring Judge: Judge David G. Hayes
Originating Judge:Stephen M. Bevil |
Hamilton County | Court of Criminal Appeals | 10/16/00 | |
| State vs. Michael Cook
W2001-01539-CCA-R3-CD
The Defendant, Michael Joseph Cook, was convicted of driving under the influence, second offense. The trial court sentenced him to 11 months and 29 days and required him to serve six months of that sentence in the local jail. On appeal, the Defendant contends that (1) the evidence was insufficient to establish guilt beyond a reasonable doubt and (2) the trial court improperly sentenced the Defendant. We affirm the judgment of the trial court.
Authoring Judge: Judge David H. Welles
Originating Judge:William B. Acree |
Obion County | Court of Criminal Appeals | 10/14/00 | |
| State vs. Michael Cook
W2001-01539-CCA-R3-CD
The Defendant, Michael Joseph Cook, was convicted of driving under the influence, second offense. The trial court sentenced him to 11 months and 29 days and required him to serve six months of that sentence in the local jail. On appeal, the Defendant contends that (1) the evidence was insufficient to establish guilt beyond a reasonable doubt and (2) the trial court improperly sentenced the Defendant. We affirm the judgment of the trial court.
Authoring Judge: Judge David H. Welles
Originating Judge:William B. Acree |
Obion County | Court of Criminal Appeals | 10/14/00 | |
| In re: K.D.D. (DOB 9/20/96) and B.T.D. (DOB 1/13/98)
M2000-01554-COA-R3-JV
The Juvenile Court terminated the parental rights of a mother to her young children. The mother appealed, arguing that she was not given an adequate opportunity to defend those rights. We find that she voluntarily failed to avail herself of the opportunities that were offered to her, and we affirm the trial court.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Barry Tatum |
Wilson County | Court of Appeals | 10/13/00 | |
| Donna Marcom v. Pca Apparel Industries, Inc. and WaUSAu
M2000-00377-WC-R3-CV
The trial court found the plaintiff had suffered an injury arising out of her employment with the defendant and awarded her a vocational disability of sixty (6%) percent to the left leg. The defendant argues that the evidence does not support the award of sixty (6%) percent to the left leg based on an anatomical rating of twelve (12%) percent. We affirm the judgment of the trial court.
Authoring Judge: Tom E. Gray, Sp.J.
Originating Judge:John Rollins, Chancellor |
Coffee County | Workers Compensation Panel | 10/13/00 | |
| William H. Jett v. State of Tennessee
M1999-01409-CCA-R3-PC
Authoring Judge: Judge David H. Welles
Originating Judge:Steve R. Dozier |
Davidson County | Court of Criminal Appeals | 10/13/00 | |
| State vs. James McKinley Cunningham
M1999-01995-CCA-R3-CD
The defendant was convicted by a Grundy County jury of premeditated first degree murder and sentenced to life. In this appeal, he challenges: (1) the sufficiency of the evidence; (2) the admission of a photograph of the victim's body; (3) the exclusion of testimony relating to statements made by the victim; and (4) the evidentiary rulings relating to the victim's propensity toward violence. Upon our review of the record, we find no reversible error and affirm the judgment of the trial court.
Authoring Judge: Judge Joe G. Riley
Originating Judge:Buddy D. Perry |
Grundy County | Court of Criminal Appeals | 10/13/00 | |
| City of Springfield vs. Hobson Cleaning, Inc., et al
M2000-01114-COA-R3-CV
This case involves a contract between the City of Springfield and defendant, United Services Unlimited, formerly Hobson Cleaning, to clean the floors of the police department. Defendant appeals whether the evidence preponderated against the judgment of the trial court. We affirm the judgment.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:James E. Walton |
Robertson County | Court of Appeals | 10/13/00 | |
| State vs. Coley
M1997-00116-SC-R11-CD
Authoring Judge: Justice Adolpho A. Birch, Jr.
Originating Judge:Donald P. Harris |
Williamson County | Supreme Court | 10/13/00 | |
| State vs. Coley
M1997-00116-SC-R11-CD
Authoring Judge: Justice Adolpho A. Birch, Jr.
Originating Judge:Donald P. Harris |
Williamson County | Supreme Court | 10/13/00 | |
| William Henderson vs. Donal Campbell
M2000-00411-COA-R3-CV
This is an appeal by a prison inmate from a dismissal of his suit for declaratory judgment in the Chancery Court of Davidson County. The trial court dismissed the claim pursuant to Tennessee Code Annotated section 41-21-804 for failure to state a claim on which relief could be granted. We affirm.
Authoring Judge: Judge William B. Cain
Originating Judge:Carol L. Mccoy |
Davidson County | Court of Appeals | 10/13/00 | |
| Thomas Gammons v. Peterbilt Motors Company,
M1999-02575-WC-R3-CV
The trial court found the plaintiff had sustained a permanent partial disability to his right arm of sixty percent, which would entitle him to one-hundred twenty weeks of partial permanent disability. The defendant argues the trial judge erred in setting the amount of the award because the treating physician fixed the medical impairment rating at six percent, and the independent medical examiner fixed the rate at thirty-four percent; the trial judge used neither of these ratings to reach the amount awarded. We affirm the judgment of the trial court.
Authoring Judge: John K. Byers, Sr. J.
Originating Judge:J. O. Bond, Judge |
Macon County | Workers Compensation Panel | 10/13/00 |