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| Charles Thurman v. Maytag Cooking Products, Inc.
03S01-9902-CV-00023
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).
Authoring Judge: John K. Byers, Senior Judge
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McMinn County | Workers Compensation Panel | 04/27/00 | |
| Jeff Utley v. Department of Corrections
M1999-01412-COA-R3-CV
This appeal involves a dispute between a prisoner and the Department of Correction regarding his punishment for two unrelated disciplinary offenses. On both occasions, the Department extended the prisoner's release eligibility date in accordance with versions of Tenn. Dep't Corr. Policy Index No. 502.02 issued after he committed the crimes for which he was incarcerated. The prisoner filed a complaint in the Chancery Court for Davidson County asserting that the Department's application of the later version of the policy to him violated the Ex Post Facto Clause of the United States Constitution. The trial court granted the Department's Tenn. R. Civ. P. 12.02(6) motion, and the prisoner has appealed. We have determined that the prisoner's complaint fails to state a colorable ex post facto claim under either the federal or state constitution. Accordingly, we affirm the dismissal of the prisoner's complaint.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Carol L. Mccoy |
Davidson County | Court of Appeals | 04/27/00 | |
| David J. Williams v. Tennessee Department of Correction
M1999-01661-COA-R3-CV
This appeal involves a dispute between a prisoner and the Department of Correction regarding the expiration date of his Class X life sentence for aggravated rape. After unsuccessfully petitioning the Department for a declaratory order, the prisoner filed a petition for declaratory judgment in the Chancery Court for Davidson County asserting that the Department's Disciplinary Punishment Guidelines require the Department to treat his life sentence as one that fully expires in thirty years. The trial court granted the Department's Tenn. R. Civ. P. 12.02(6) motion, and the prisoner has appealed. We have determined that the trial court properly determined that the prisoner had failed to state a claim upon which relief can be granted. Accordingly, we affirm the judgment dismissing the prisoner's complaint.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Carol L. Mccoy |
Davidson County | Court of Appeals | 04/27/00 | |
| Henderson vs. Dept. of Safety
M1999-01911-COA-R3-CV
Kenneth Henderson appeals pro se from an order of the Chancery Court of Davidson County dismissing his case for failure to prosecute his petition for review under Tennessee Code Annotated section 4-5-322 under which he sought judicial review of a judgment of Administrative Law Judge Marian Wall, which judgment had become final on December 29, 1995 with petition for reconsideration being denied on January 28, 1996. We affirm the action of the trial judge.
Authoring Judge: Judge William B. Cain
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 04/27/00 | |
| State vs. Halley Thompson
W2000-00315-CCA-RM-CD
Authoring Judge: Presiding Judge Joseph M. Tipton
Originating Judge:John Franklin Murchison |
Chester County | Court of Criminal Appeals | 04/27/00 | |
| Corp., et al vs. Metro Gov't of Nashville
M1997-00212-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Carol L. Mccoy |
Davidson County | Court of Appeals | 04/26/00 | |
| Deborah Ann hansen vs. Ole Hansen
E1999-02666-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Jacqueline E. Schulten |
Hamilton County | Court of Appeals | 04/26/00 | |
| Professional Engineering Services vs. City of Red Boiling Springs, TN
M1999-00342-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:C. K. Smith |
Macon County | Court of Appeals | 04/26/00 | |
| M2000-00378-COA-R9-CV
M2000-00378-COA-R9-CV
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Carol L. Soloman |
Davidson County | Court of Appeals | 04/26/00 | |
| Hilda Light v. Frontier Health, Inc., d/b/a Woodridge
E1999-00256-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, Frontier Health, Inc., d/b/a Woodbridge Mental Health Hospital (hereafter "Frontier"), appeals an award to Hilda Light of sixty percent disability to the body as a whole. The issue is whether the trial court erred in basing an award to the body on an impairment rating for an upper extremity. We modify the award to thirty-six percent to the body as a whole.
Authoring Judge: Peoples, H.N., Sp. J.
Originating Judge:G. Richard Johnson, Chancellor |
Knox County | Workers Compensation Panel | 04/26/00 | |
| Pryor vs. Willoughby
M1999-00668-COA-R3-CV
Richard Dietz, II, Executor of the Estate of Barbara Dietz, et al vs. Charles A. Keith , et al
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:C. K. Smith |
Wilson County | Court of Appeals | 04/26/00 | |
| Feldman vs. TN Bd. of Medical Examiners
M1999-00474-COA-R7-CV
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 04/26/00 | |
| Bullington vs. Hudson
M1999-02772-COA-R3-CV
Authoring Judge: Judge William B. Cain
Originating Judge:Betty Adams Green |
Davidson County | Court of Appeals | 04/26/00 | |
| Donald Malone & Lynn Malone, d/b/a Malone & Son's Wrecker & Repair Service, LLC, vs. Associates Commercial Corporation
E2000-00220-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:John K. Wilson |
Greene County | Court of Appeals | 04/26/00 | |
| Howard vs. Thurman
M1998-00147-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Billy Joe White |
Fentress County | Court of Appeals | 04/26/00 | |
| Colbert vs. White
M1999-00087-COA-R3-CV
Authoring Judge: Judge William B. Cain
Originating Judge:Muriel Robinson |
Davidson County | Court of Appeals | 04/26/00 | |
| W1999-00023-C0A-R3-CV
W1999-00023-C0A-R3-CV
Originating Judge:J. Steven Stafford |
Dyer County | Court of Appeals | 04/25/00 | |
| Sandra Metz vs. Monte Metz
W1999-00023-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Originating Judge:J. Steven Stafford |
Dyer County | Court of Appeals | 04/25/00 | |
| State vs. Derrick Vernon, et al
W1998-00612-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Arthur T. Bennett |
Shelby County | Court of Criminal Appeals | 04/25/00 | |
| Sandra Metz vs. Monte Metz
W1999-00023-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Originating Judge:J. Steven Stafford |
Dyer County | Court of Appeals | 04/25/00 | |
| Harold Wayne Nichols vs. State
E1998-00562-CCA-R3-PD
The petitioner filed petitions for post-conviction relief for his conviction for first degree felony murder and his sentence of death, as well as for a number of convictions for sexual attacks on four additional victims. The bases of his complaints were that he had ineffective assistance of counsel at both the guilt and punishment phases of his capital trial, as well as in the noncapital cases, two of which were resolved by pleas of guilty. Specifically, he claimed that counsel failed to adequately investigate and prepare his cases; failed to question the probable cause for his arrest; and failed to question whether his confessions were "false." He raised additional claims of ineffective assistance of counsel and claims regarding the unconstitutionality of the imposition of capital punishment. The post-conviction court denied the claims other than to order new sentencing hearings in the noncapital cases. The petitioner then timely appealed the post-conviction court's rulings, other than the ordering of new sentencing hearings. We have carefully reviewed the record and, based upon our review, we affirm the judgments of the post-conviction court.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:D. Kelly Thomas, Jr. |
Hamilton County | Court of Criminal Appeals | 04/25/00 | |
| State vs. Robert Rainey
W1999-00692-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Originating Judge:C. Creed Mcginley |
Hardin County | Court of Criminal Appeals | 04/25/00 | |
| State vs. Lisa Marie Garren
E1999-02420-CCA-R3-CD
Authoring Judge: Presiding Judge Joseph M. Tipton
Originating Judge:D. Kelly Thomas, Jr. |
Blount County | Court of Criminal Appeals | 04/25/00 | |
| W1999-00023-C0A-R3-CV
W1999-00023-C0A-R3-CV
Originating Judge:J. Steven Stafford |
Dyer County | Court of Appeals | 04/25/00 | |
| Richard Dietz, II, Executor of the Estate of Barbara Dietz, et al vs. Charles A. Keith , et al
E1999-00927-COA-R3-CV
Lacey A. Maine vs. Wellmont Health System d/b/a Bristol Regional Medical Center , et al
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Richard E. Ladd |
Sullivan County | Court of Appeals | 04/24/00 |