APPELLATE COURT OPINIONS

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Davis vs. Computer Maintenance Svc.

01A01-9809-CV-00459

Originating Judge:Walter C. Kurtz
Davidson County Court of Appeals 09/29/99
01A01-9809-CH-00504

01A01-9809-CH-00504

Originating Judge:Carol L. Mccoy
Davidson County Court of Appeals 09/29/99
State vs. Harold Dufour

03C01-9902-CR-00063

Originating Judge:James Curwood Witt
Washington County Court of Criminal Appeals 09/29/99
Virginia Byrd v. Cookeville General Hospital

01S01-9805-CV-00097
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel in accordance with Tenn. Code Ann. _ 5-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. The employer, Cookeville General Hospital, insists (1) the trial judge erred in awarding permanent disability benefits for the employee's right leg injury and (2) the award of seventy percent permanent partial disability to the left foot is excessive. As discussed below, the panel has concluded the judgment should be affirmed. Because the extent of an injured worker's permanent vocational
Authoring Judge: Per Curiam
Originating Judge:Hon. John Turnbull, Judge
Putnam County Workers Compensation Panel 09/29/99
Hulshof vs. Hulshof

01A01-9806-CH-00339

Originating Judge:Patricia J. Cottrell
Marshall County Court of Appeals 09/29/99
State vs. Dennis Wade Suttles

03C01-9801-CR-00036
Knox County Court of Criminal Appeals 09/29/99
Eldridge vs. Eldridge

01A01-9808-CV-00451

Originating Judge:Thomas Goodall
Sumner County Court of Appeals 09/29/99
Drake vs. Manson, et al

01A01-9810-CV-00525

Originating Judge:Bobby H. Capers
Wilson County Court of Appeals 09/29/99
Jo Ann Forman, Inc. et al vs. Nat'l Council on Compensation

01A01-9805-CH-00260

Originating Judge:Thomas A. Greer, Jr.
Marion County Court of Appeals 09/29/99
Nickelson vs. Sumner Co. Bd. of Ed.

01A01-9807-CV-00375

Originating Judge:Patricia J. Cottrell
Sumner County Court of Appeals 09/29/99
Eldridge vs. Eldridge

01A01-9808-CV-00451
Sumner County Court of Appeals 09/29/99
Taylor vs. Campbell

01A01-9812-CH-00638

Originating Judge:Carol L. Mccoy
Davidson County Court of Appeals 09/29/99
State vs. Glen Porter

03C01-9808-CR-00294
McMinn County Court of Criminal Appeals 09/29/99
State vs. Teresa Everett

E1999-02647-CCA-R3-CD
Following a trial on September 28, 1998, a Loudon County jury convicted Teresa Everett, the defendant and appellant, of attempt to commit second-degree murder. The trial court subsequently sentenced her to serve fifteen (15) years in the Tennessee Department of Corrections. The defendant presents the following issues on appeal (1) Whether the evidence was sufficient to convict her; (2)Whether the trial court erred by allowing improper impeachment; (3) Whether the trial court erred by allowing a lay-witness to testify to his opinion; (4) Whether the trial court erred by allowing the state to introduce character evidence; (5) Whether the state's closing arguments were improper; and (6) Whether the defendant should be granted a new trial based on newly discovered evidence. Although the evidence is sufficient to support the verdict, we find the cumulative effect of all the remaining errors deprived the defendant of a fair trial. Accordingly, we reverse the judgment of the trial court and remand the case for a new trial.
Authoring Judge: Judge Jerry Smith
Originating Judge:E. Eugene Eblen
Loudon County Court of Criminal Appeals 09/29/99
Haywood vs. Haywood

01A01-9808-CH-00442

Originating Judge:Patricia J. Cottrell
Maury County Court of Appeals 09/29/99
Cumberland Bend Investors vs. Ambrose Printing

01A01-9810-CH-00543

Originating Judge:Irvin H. Kilcrease, Jr.
Davidson County Court of Appeals 09/29/99
Lattimer vs. TDOC

01A01-9804-CH-00200

Originating Judge:Carol McCoy
Davidson County Court of Appeals 09/29/99
In re: The Adoption of female child, E.N.R.

01A01-9806-CH-00316

Originating Judge:Patricia J. Cottrell
Lawrence County Court of Appeals 09/29/99
Alfonzo T. Peck vs. State

03C01-9809-CR-00329

Originating Judge:Douglas A. Meyer
Hamilton County Court of Criminal Appeals 09/28/99
Rocky Hipps vs. State

03C01-9807-CC-00237

Originating Judge:D. Kelly Thomas, Jr.
Blount County Court of Criminal Appeals 09/28/99
State vs. Timothy V. Bowling

03C01-9805-CR-00167

Originating Judge:Lynn W. Brown
Washington County Court of Criminal Appeals 09/28/99
State vs. James David Shropshire

E1998-00872-CCA-R3-CD
In March 1996, James David Shropshire, the defendant and appellant, was convicted in the Knox County Criminal Court of aggravated sexual battery and simple assault. Following the jury's verdict, the trial court dismissed the simple assault charge. On appeal, the defendant challenges his conviction for aggravated sexual battery. He raises the following issues: (1) whether the evidence was sufficient to support the conviction; (2) whether a variance between the bill of particulars and the proof adduced at trial was fatal; (3) whether the defendant's conviction violated the double jeopardy clauses of the United States and Tennessee Constitutions; (4) whether the state made improper closing arguments; and (5) whether the trial court erred in allowing the state to introduce evidence that the defendant had committed prior bad acts. Because the jury heard evidence that the defendant committed a crime other than that for which he was on trial, which was the subject of an acquittal, the judgment of the trial court is reversed.
Authoring Judge: Judge Jerry Smith
Originating Judge:Richard R. Baumgartner
Knox County Court of Criminal Appeals 09/28/99
Willie Lee Benford vs State

01C01-9905-CR-00157
Davidson County Court of Criminal Appeals 09/27/99
Emma Crowe v. Diocese of Memphis Housing Corp

02S01-9807-CH-00071
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. Plaintiff filed a complaint for workers' compensation benefits on October 7, 1996, alleging severe psychological and emotional injury, or aggravation of same, arising out of her conditions at work. The trial court found that the statute of limitations had run on the plaintiff's claim prior to the filing of her complaint and dismissed the complaint. The court also made findings, for the record, that the plaintiff gave proper notice and that the plaintiff had failed to meet her burden of proving causation of a compensable injury. We affirm the judgment of the trial court dismissing plaintiff's complaint for the reasons herein stated.
Authoring Judge: John K. Byers, Senior Judge
Originating Judge:Hon. J. Steven Stafford,
Dyer County Workers Compensation Panel 09/27/99
State vs. James Cannon

03C01-9808-CR-00272

Originating Judge:Stephen M. Bevil
Hamilton County Court of Criminal Appeals 09/27/99