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| State vs. John Palmer
W1999-01310-CCA-R3-CD
Defendant, John David Palmer, was convicted of voluntary manslaughter and especially aggravated robbery following a jury trial in Gibson County Circuit Court. He was sentenced to serve three years for voluntary manslaughter and twenty years for especially aggravated robbery with the sentences to be served concurrent with each other. He does not appeal the voluntary manslaughter conviction or sentence. However, regarding the conviction for especially aggravated robbery, Defendant challenges the sufficiency of the evidence to support the conviction and argues that the trial court committed reversible error by not instructing the jury on the lesser-included offense of theft and unauthorized use of a vehicle, i.e., joyriding. After review, we reverse and remand for a new trial on the offense of especially aggravated robbery.
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Dick Jerman, Jr. |
Gibson County | Court of Criminal Appeals | 09/13/00 | |
| Johnny L. Frye v. Athens Products
03S01-9904-CV-00043
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. 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). The plaintiff appeals from the trial court finding that he had failed to show by a preponderance of the evidence that he had sustained an injury arising out of and in the course of his work. We affirm the judgment of the trial court. There is little need to go into significant detail concerning the facts in this case. There are significant discrepancies between the testimony of the plaintiff at trial and in the statements he made to medical providers concerning whether he sustained an injury on June 1, 1998, or whether he experienced pain on the prior Sunday while walking in the mall, or whether he sustained an injury at work on June 2nd. The plaintiff gave the only evidence concerning an alleged accidental injury. The determination of the trial judge was, by necessity, based upon his assessment of the evidence and his ruling based upon the testimony of the plaintiff. The trial court found that the plaintiff did not tell the defendant of any work- related accident until June 28th but found that he did notify the physician and especially the nurse practitioner on June 2nd that he sustained a work-related injury on June 1. The court found this unusual and ruled that the two histories cancelled out each other, thus causing the plaintiff to fail in carrying his burden of proof. 2
Authoring Judge: John K. Byers, Senior Judge
Originating Judge:Hon. John B. Hagler |
Knox County | Workers Compensation Panel | 09/13/00 | |
| Michael Alger vs. Corrections Corp.
W2000-00500-COA-R3-CV
An inmate sued Corrections Corporation of America and various individuals alleging failure to provide dental and medical care. The trial court dismissed the complaint for failure to state a claim upon which relief can be granted. The judgment of the trial court is reversed in part and affirmed in part.
Authoring Judge: Judge David R. Farmer
Originating Judge:Jon Kerry Blackwood |
Hardeman County | Court of Appeals | 09/13/00 | |
| State vs. Joshua Dailey
E1999-01342-CCA-R3-CD
The Defendant, Joshua Dailey, pled guilty to two counts of the Class E felony offense of violation of the Habitual Motor Vehicle Offender Act. The trial court sentenced Defendant to two years for each conviction, to be served consecutively. Furthermore, the trial court ordered the first sentence to be served in split confinement, with 300 days incarceration in the county jail followed by placement in Community Corrections. The Defendant appeals, challenging the length of the total effective sentence and arguing that he should serve the entire sentence in Community Corrections. We affirm the judgment of the trial court.
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:D. Kelly Thomas, Jr. |
Blount County | Court of Criminal Appeals | 09/13/00 | |
| Eddie Ray Harper v. Lockheed Martin Energy Systems,
E1999-01150-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 appellant-employee appealed the trial court's award of 12.5% permanent disability to the body as a whole which was based on a finding the employee had made a meaningful return to work resulting in capping the award at two and one-half times the medical impairment under T.C.A. _ 5-6-241(a)(1). On appeal, appellant argues he did not return to work for the "pre-injury employer" and the six times medical impairment under subsection (b) should control the award. Judgment of the trial court is affirmed as the new employer was a successor or substitute employer for the original employer by reason of a change of contractors at the U.S. government facility.
Authoring Judge: Thayer, Sp. J.
Originating Judge:James B. Scott, Jr., Judge |
Knox County | Workers Compensation Panel | 09/12/00 | |
| State vs. Mark Williams
W1999-01456-CCA-R3-CD
The defendant, Mark Williams, was indicted for attempted first degree murder. After being convicted for attempted second degree murder, he was sentenced, as a Range I offender, to 12 years in the Tennessee Department of Correction. In this appeal of right, the defendant contends that because the indictment did not allege an overt act, the conviction is void. He further asserts that the jury charge on attempted second degree murder was erroneous in that it did not require the jury to find that he intended to kill the victim. The judgment of the trial court is affirmed.
Authoring Judge: Judge Gary R Wade
Originating Judge:Chris B. Craft |
Shelby County | Court of Criminal Appeals | 09/12/00 | |
| Jimmy Lee Pierce v. State of Tennessee
W2000-00630-CCA-R3-CD
Originating Judge:Jon Kerry Blackwood |
Fayette County | Court of Criminal Appeals | 09/12/00 | |
| State vs. Jack North
W1999-01301-CCA-R3-PC
The appellant, Jack Jay North, Jr., was convicted of first degree murder by a Hardin County jury and was sentenced to life imprisonment without the possibility of parole. On appeal, he asserts that the post-conviction court erred in finding trial counsel's performance to be effective during the sentencing phase of trial. Specifically, the appellant contends that trial counsel was ineffective for (1) failing to offer mitigating proof at the sentencing phase; (2) for failing to request funds for a mitigation specialist; and (3) for not objecting to comments made by the State during closing arguments of the sentencing phase. After review, we affirm the judgment of the Circuit Court of Hardin County.
Authoring Judge: Judge David G. Hayes
Originating Judge:C. Creed Mcginley |
Hardin County | Court of Criminal Appeals | 09/12/00 | |
| Theodore Davis v. U. S. Coal Inc.
E1999-01297-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 appellant-employer appealed the trial court's ruling awarding appellee-employee 32% permanent partial disability to the body as a whole. Appellant argues the trial court was in error in accepting certain medical testimony when the doctor failed to follow AMA Guides in conducting examination and evaluation of employee. Judgment of the trial court is affirmed.
Authoring Judge: Thayer, Sp. J.
Originating Judge:Billy Joe White, Chancellor |
Knox County | Workers Compensation Panel | 09/12/00 | |
| State vs. Jenniefer Oakley
W1999-00850-CCA-R3-CD
Jennifer E. Oakley entered guilty pleas to three counts of misdemeanor possession of a controlled substance and one count of possession of drug paraphernalia. The manner of service, including the request for judicial diversion, was submitted to the trial court. The trial court denied a grant of judicial diversion based upon the circumstances of the offenses and the inherent dangerous effect of drugs to our communities. After review, we conclude that the record supports the trial court's denial of diversion. The judgment, accordingly, is affirmed.
Authoring Judge: Judge David G. Hayes
Originating Judge:Bernie Weinman |
Shelby County | Court of Criminal Appeals | 09/12/00 | |
| State vs. Julius Parker
W1999-01327-CCA-R3-PC
Because the petitioner, Julius Parker, who was convicted of aggravated robbery and felony murder, received the effective assistance of counsel at trial, he is not entitled to post-conviction relief.
Authoring Judge: Judge Gary R Wade
Originating Judge:Joseph B. Brown |
Shelby County | Court of Criminal Appeals | 09/12/00 | |
| William Collins vs. State
E1999-02759-CCA-R3-PC
Because the trial court properly treated a habeas corpus petition as one for post-conviction relief and because the statute of limitations barred any review of constitutional issues, the petition was properly dismissed.
Authoring Judge: Judge Gary R Wade
Originating Judge:Lynn W. Brown |
Washington County | Court of Criminal Appeals | 09/12/00 | |
| State vs. Michael Addison
W1999-00432-CCA-R3-PC
Because the evidence does not preponderate against the trial court's determination that the petitioner received the effective assistance of counsel at trial and on direct appeal, the order denying post-conviction relief is affirmed.
Authoring Judge: Judge Gary R Wade
Originating Judge:Bernie Weinman |
Shelby County | Court of Criminal Appeals | 09/12/00 | |
| State vs. John Hampton
W1999-00983-CCA-R3-CD
The defendant, John Lee Hampton, who was charged with two counts of rape, was convicted of two counts of statutory rape. The trial court imposed two concurrent one-year sentences, with all but sixty days suspended. In this appeal as of right, the defendant asserts that the evidence was insufficient. He also argues that the trial court erred by admitting certain photographs into evidence, by rehabilitating a juror, by denying his motion in limine to exclude evidence of uncharged sexual offenses involving the victim, by permitting the victim to testify in rebuttal regarding an uncharged sexual offense, and by refusing to suspend his entire sentence. We affirm the judgment of the trial court.
Authoring Judge: Judge Gary R Wade
Originating Judge:Jon Kerry Blackwood |
Hardeman County | Court of Criminal Appeals | 09/12/00 | |
| James Karls vs. Percy Pitzer, et al
W1999-01107-COA-R3-CV
This is an appeal from the trial court's order dismissing a petition for writ of habeas corpus for failure to state a claim upon which relief can be granted. We affirm the ruling of the trial court.
Authoring Judge: Judge David R. Farmer
Originating Judge:Jon Kerry Blackwood |
Hardeman County | Court of Appeals | 09/12/00 | |
| Clementine Newman vs. Allstate Insurance Co.
W1999-02064-COA-R3-CV
Automobile owner sued body shop and her insurance company for alleged faulty repairs to vehicle after it was involved in a collision. The body shop repaired what the insurance company authorized, but owner initially claimed other damages which the insurance company and body shop determined were not a result of the collision. During attempts to resolve the dispute, body shop was willing to repair anything authorized by the insurance company, but requested the owner to pay the deductible and retrieve her automobile from their facility. Owner refused to take the automobile, and the body shop, after notification to her, started charging storage charges. In the suit that was initially tried in general sessions court, then de novo in the circuit court, owner sought to recover storage charges paid an additional award for other damage to her vehicle and for relief under the Tennessee Consumer Protection Act. The trial court awarded owner a judgment against the insurance company for additional damages and denied her claims under the Tennessee Consumer Protection Act and for repayment of the storage charges. Owner has appealed.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Robert L. Childers |
Shelby County | Court of Appeals | 09/12/00 | |
| Clayton D. Eller v. Loram Maintenance of Way, Inc.,
E1999-00874-SC-R3-CV
This workers' compensation appeal from the Cumberland County Circuit Court 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 Cumberland County Circuit Court dismissed the plaintiff's claim for Tennessee workers' compensation benefits on the basis that the plaintiff affirmatively elected to seek workers' compensation benefits in the states of Maryland and Pennsylvania. After a review of the entire record, briefs of the parties and applicable law, we affirm the trial court's judgment.
Authoring Judge: L. Terry Lafferty, Senior Judge
Originating Judge:John Maddux, Judge |
Knox County | Workers Compensation Panel | 09/12/00 | |
| State vs. Billy Thompson
W1999-01001-CCA-R3-CD
In 1995, Billy Thompson, a Mississippi resident, was convicted in Shelby County of driving under the influence, resulting in suspension of his driving privileges in this state for one year. Fifteen months later, Thompson was again charged and convicted of driving under the influence, sixth offense, reckless driving and driving while revoked, being the instant offenses before this court. On the date of the latter offenses, Thompson possessed a valid Mississippi driver's license, however, he had not complied with the statutory requirements for reinstatement of his driving privileges in this state. Thompson appeals his convictions contending the trial court erred (1) by failing to sever the charge of driving while license revoked from the remaining counts and (2) by failing to grant his motion for judgment of acquittal as to the charge of driving while license revoked. We conclude that all charges were properly joined pursuant to Tenn. R. Crim. P. 8(a). Moreover, we hold that a nonresident motorist, although possessing a valid out-of-state license, may not operate a motor vehicle in this state following this state's revocation of his driving privileges until the motorist complies with Tennessee's reinstatement procedures. Because we find the proof sufficient to support the challenged conviction, the judgment of the trial court is affirmed.
Authoring Judge: Judge David G. Hayes
Originating Judge:James C. Beasley, Jr. |
Shelby County | Court of Criminal Appeals | 09/12/00 | |
| State vs. Darron Lenon
W1999-01951-CCA-R3-CD
In this case the Defendant, Darron Lenon, was found guilty of unlawful delivery of a Schedule II controlled substance, a Class B felony, following a jury trial. The trial court imposed a maximum Range I sentence of twelve years. In this appeal, the Defendant, in three issues, argues that the trial court erroneously applied an enhancement factor; failed to apply a mitigating factor; and failed to follow the mandates of the Tennessee Criminal Sentencing Reform Act of 1989. The Defendant asks this court to reverse the trial court and impose the minimum sentence of eight years. We decline to do so, and therefore affirm the judgment of the trial court.
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Dick Jerman, Jr. |
Gibson County | Court of Criminal Appeals | 09/12/00 | |
| Mervin Reed v. Abb Combustion Engineering, Inc.
E1999-00589-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 of findings of fact and conclusions of law. In this appeal, the plaintiff/appellant asserts that the trial court erred in basing plaintiff's award of permanent disability benefits on a percentage of impairment other than that supported by the medical evidence at trial. After a complete review of the entire record, briefs of the parties and applicable law, we affirm the trial court's judgment.
Authoring Judge: L. Terry Lafferty, Senior Judge
Originating Judge:W. Frank Brown, III, Chancellor |
Knox County | Workers Compensation Panel | 09/12/00 | |
| State vs. Myra L. Smith
E1999-02196-CCA-R3-CD
Myra L. Smith appeals the sentencing decision of the Knox County Criminal Court revoking her non-incarcerative sentence and ordering service of the sentence in the TDOC. In September 1998, Smith pled guilty to the class C felony of facilitating aggravated robbery and was placed under the supervision of the Knox County Community Alternative to Prison Program (CAPP). Four months later, a violation warrant issued. On appeal, Smith argues that the trial court acted arbitrarily in revoking her suspended sentence by failing to consider her extreme drug addiction, her history of mental illness, and her lack of intent to violate the conditions of probation. Finding that the trial court did not abuse its discretion, we affirm.
Authoring Judge: Judge David G. Hayes
Originating Judge:Mary Beth Leibowitz |
Knox County | Court of Criminal Appeals | 09/12/00 | |
| State vs. Jackie Gooch
W2000-00032-CCA-R3-PC
The appellant, Jackie L. Gooch, appeals from the trial court's denial of his petition for post-conviction relief. Pursuant to a plea agreement, the appellant entered a "best interest" plea to the charge of voluntary manslaughter. On appeal, the appellant contends: (1) that his guilty plea was coerced and, thus, involuntarily entered; and (2) that trial counsel was ineffective. After review, we affirm the judgment of the post-conviction court.
Authoring Judge: Judge David G. Hayes
Originating Judge:R. Lee Moore Jr. |
Lake County | Court of Criminal Appeals | 09/12/00 | |
| E1999-02594-COA-R3-CV
E1999-02594-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:William R. Brewer |
Blount County | Court of Appeals | 09/12/00 | |
| State vs. Dereke Fitzgerald
W2000-01279-CCA-R3-CD
The appellant, Dereke Emont Fitzgerald, was convicted by a jury of aggravated assault and was sentenced to six years incarceration in the Tennessee Department of Correction. On appeal, the appellant raises one issue: Whether the trial court erred in refusing to instruct the jury on the issue of self-defense. Finding no error, we affirm the judgment.
Authoring Judge: Judge David G. Hayes
Originating Judge:Julian P. Guinn |
Henry County | Court of Criminal Appeals | 09/12/00 | |
| State vs. Ronald Ballard
W2000-00033-CCA-R3-CD
The appellant, Ballard, was found guilty by a jury of facilitating first degree murder. Following a sentencing hearing, the trial court imposed a sentence of twenty-five years, the maximum sentence permitted for a class A felony. Ballard now appeals the sentencing decision of the lower court, arguing that the court erred in its application of two enhancing factors and failed to apply a mitigating factor. Finding the record incomplete for review of these issues, the trial court's sentencing determination is afforded the presumption of correctness and the sentence is affirmed.
Authoring Judge: Judge David G. Hayes
Originating Judge:Roy Morgan |
Henderson County | Court of Criminal Appeals | 09/12/00 |