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| State vs. Shirley Davis
W2000-00084-CCA-R3-CD
On December 3, 1998, a Shelby County Grand Jury indicted Shirley Davis, the Defendant and Appellant, for aggravated robbery. Following a jury trial, the Defendant was convicted as charged. After a subsequent sentencing hearing, the trial court sentenced the Defendant to serve nine years incarceration. On appeal, the Defendant claims that the trial court erroneously enhanced her sentence. Although we find that the trial court erroneously applied a statutory enhancing factor, our de novo review reveals the existence of an applicable enhancing factor that was not applied by the trial court. This enhancement factor amply justifies the sentence imposed. Accordingly, we affirm the trial court's judgment.
Authoring Judge: Judge Jerry Smith
Originating Judge:Carolyn Wade Blackett |
Shelby County | Court of Criminal Appeals | 07/31/98 | |
| Ashe vs. Radiation Oncology Associates
01A01-9710-CV-00563
Originating Judge:Henry F. Todd |
Court of Appeals | 07/31/98 | ||
| State vs. Mario Bowser
02C01-9803-CR-00093
Originating Judge:Carolyn Wade Blackett |
Shelby County | Court of Criminal Appeals | 07/31/98 | |
| Angela Hogan vs. Rex Reese and Sonya M. Reese
01A01-9801-CV-00023
Originating Judge:Thomas Goodall |
Sumner County | Court of Appeals | 07/31/98 | |
| State vs. Quentin Hall
02C01-9802-CR-00040
|
Shelby County | Court of Criminal Appeals | 07/31/98 | |
| State vs. Tammy Elliott
02C01-9803-CC-00070
|
Hardin County | Court of Criminal Appeals | 07/31/98 | |
| 03A01-9708-CV-0365
03A01-9708-CV-0365
Originating Judge:Wheeler A. Rosenbalm |
Knox County | Court of Appeals | 07/31/98 | |
| Edward Traughber, et al. vs. Kelly A. Kress, et al.
01A01-9709-CV-00525
Originating Judge:James E. Walton |
Montgomery County | Court of Appeals | 07/31/98 | |
| Renaissance vs. Billbury
03A01-9710-CH-00462
|
Court of Appeals | 07/31/98 | ||
| State vs. Burl Jarrett
02C01-9710-CC-00418
|
Hardeman County | Court of Criminal Appeals | 07/31/98 | |
| Vickie S. Heidel v. Barnes & Noble Bookstores, Inc., et al.
01S01-9709-CV-00195
Authoring Judge: William S. Russell, Retired Judge
Originating Judge:William S. Russell |
Putnam County | Workers Compensation Panel | 07/30/98 | |
| Ricky Earls vs. State
01C01-9710-CR-00500
|
Bedford County | Court of Criminal Appeals | 07/30/98 | |
| State vs. Robert Fox
01C01-9710-CC-00471
|
Humphreys County | Court of Criminal Appeals | 07/30/98 | |
| United vs. Loudon
03A01-9710-CH-00477
|
Loudon County | Court of Appeals | 07/30/98 | |
| Clapp vs. Goldston
03A01-9707-CV-00288
|
Court of Appeals | 07/30/98 | ||
| Julius Goodman vs. State
01C01-9712-CR-00562
Originating Judge:David H. Welles |
Davidson County | Court of Criminal Appeals | 07/30/98 | |
| Henry Andrews vs. Lubricon, et al
02A01-9708-CH-00202
Originating Judge:C. Neal Small |
Shelby County | Court of Appeals | 07/30/98 | |
| 01C01-9704-CC-00159
01C01-9704-CC-00159
Originating Judge:William M. Barker |
Williamson County | Court of Criminal Appeals | 07/30/98 | |
| 03A01-9710-CH-000474
03A01-9710-CH-000474
|
Court of Appeals | 07/30/98 | ||
| State vs. Brown
03C01-9707-CR-00304
Originating Judge:James E. Beckner |
Greene County | Court of Criminal Appeals | 07/30/98 | |
| Isaacson vs. Fenton
03A01-9804-JV-00119
|
Loudon County | Court of Appeals | 07/30/98 | |
| Bland vs. Cowan
03A01-9801-CV-00024
|
Hamilton County | Court of Appeals | 07/30/98 | |
| State vs. Lesa Malone
01C01-9706-CC-00234
Originating Judge:L. Terry Lafferty |
Marshall County | Court of Criminal Appeals | 07/30/98 | |
| Rodgers vs. Walker
03A01-9708-CH-00371
|
Court of Appeals | 07/30/98 | ||
| Darrell Swearengin v. Pacific Employers & Dina Tobin, Dir.
01S01-9704-CH-00090
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. There are no issues of fact in dispute in this case. All sides agree that the plaintiff is totally and permanently disabled and that he qualifies for payment until age 65. Because the injury in this case was subsequent to previous injuries, the Second Injury Fund incurred liability under Tenn. Code Ann. _ 5-6-28(a). The employer and the Second Injury Fund agree that their liability is properly apportioned at 25 percent to the employer and 75 percent to the Second Injury Fund. The trial judge ordered the employer and the Second Injury Fund to make payment concurrently and a mathematical formula was reached which would fulfill each of the payor's liability for their portion of the award when the plaintiff reached age 65. The employer asserts its liability should be limited to 4 weeks and insists the trial court properly ordered concurrent payment by it and the Second Injury Fund. The employer concedes these issues would be resolved by the decision of the Supreme Court in Bomely v. Mid-America Corp., ___ S.W.2d ___ (Tenn. 1998).1 The Supreme Court has decided Bomely and the issues raised herein by the employer have been decided adversely to it. The Supreme Court held the percentage of liability of an employer in cases such as this shall not be limited to the relationship of its percentage of liability to 4 weeks. Rather, the Court held the liability would be apportioned over the total amount of the award in accordance with the percentage of liability affixed to the employer and the Second Injury Fund. Further, the Court held that the employer shall pay its portion of the award first and the Second Injury Fund shall commence payment when the employer has satisfied its liability. The trial court's judgment requiring concurrent payment by the employer and the Second Injury Fund and limiting the employer's liability to 25 percent of 4 1 This appeal was filed April 18, 1997 and the opinion in Bomely was filed by the Supreme Court on May 26, 1998. We have abided the decision in that case to decide this case. 2
Authoring Judge: John K. Byers, Senior Judge
Originating Judge:Hon. Henry Denmark Bell, |
Williamson County | Workers Compensation Panel | 07/30/98 |