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| State vs. Shirley
03C01-9610-CR-00369
Originating Judge:Mayo L. Mashburn |
Bradley County | Court of Criminal Appeals | 05/27/98 | |
| State vs. Virginia Gann
01C01-9704-CC-00164
Originating Judge:Gerald L. Ewell, Sr. |
Coffee County | Court of Criminal Appeals | 05/27/98 | |
| Dukes & Dukes vs. State
03C01-9703-CC-00112
Originating Judge:W. Lee Asbury |
Union County | Court of Criminal Appeals | 05/27/98 | |
| Elizabeth Anne Flickner v. Crete Carrier Corp.
03S01-9708-CH-00095
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with T.C.A. _ 5-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. Ms. Flickner is 55 years old, has eight years of formal education, and has worked as a truck driver for most of her adult life. She testified that she injured her back in 1975 in a work-related accident in Florida, that she underwent back surgery after the injury, and that she received Florida workers' compensation benefits for that injury. Exhaustive attempts by the parties failed to discover her Florida workers' compensation records owing to the 2-year time lapse. Ms. Flickner testified that after the 1975 injury she recovered and was able to work full-time at various jobs, mostly truck driving, for the next 2 years. On June 16, 1995, she injured her lower back while driving a truck for Crete Carrier Corporation, and the extent of her vocational disability from that injury is the issue before us. After the 1995 injury, Ms. Flickner was treated by Dr. Robert E. Finelli, who diagnosed lumbar disk defects at L3/4 and L4/5, and scar tissue from her previous surgery at L3/4 and L5/S1. He performed extensive lumbar surgery on September 18, 1995. Vocational Rehabilitation Specialist Dr. Julian Naldosky testified for the employee that she could no longer perform her truck driving job and had no skills which would transfer to a semi-skilled, light or sedentary job. He opined that jobs available to her in her disabled condition, in light of her employment background, abilities and education, and assuming her ability to tolerate sitting and standing throughout the workday, would include cashier in a restaurant or parking lot, ticket seller, retail receiving clerk, automobile self-serve service station attendant, gate tender, security monitor, hardware assembler, gasket inspector, packager of small parts or small products, and a bottling line 2
Authoring Judge: William H. Inman, Senior Judge
Originating Judge:Hon. Sharon Bell, |
Knox County | Workers Compensation Panel | 05/27/98 | |
| Welch vs. State
03C01-9702-CR-00043
Originating Judge:Lynn W. Brown |
Sullivan County | Court of Criminal Appeals | 05/27/98 | |
| 01C01-9703-CR-00091
01C01-9703-CR-00091
|
Davidson County | Court of Criminal Appeals | 05/27/98 | |
| 01C01-9704-CC-00126
01C01-9704-CC-00126
Originating Judge:J. Curwood Witt |
Wayne County | Court of Criminal Appeals | 05/27/98 | |
| Suntrust Bank vs. Johnson
M1997-00202-COA-R3-CV
This appeal involves a dispute between a commercial bank and the Tennessee Department of Revenue regarding the bank's claim for a refund of the sales taxes paid in connection with defaulted retail installment sales contracts purchased from various automobile dealers. After the Department denied its refund claim, the bank sued the Commissioner of Revenue in the Chancery Court for Davidson County seeking a refund. Both parties eventually sought a summary judgment. The trial court granted the Commissioner's motion for summary judgment after concluding that it did not have jurisdiction to consider the bank's claim. Alternatively, the trial court held that the bank was not entitled to the requested refund because it was not the dealer who originally remitted the sales tax to the Department. We have determined that the trial court erred by determining that it lacked jurisdiction to consider the bank's refund claim. However, we have also determined that the trial court correctly concluded that the bank was not entitled to the requested refund because it was not the dealer who remitted the sales tax at issue.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Ernest B. Pellegrin |
Davidson County | Court of Appeals | 05/26/98 | |
| State vs. Hodge
03C01-9704-CC-00160
|
Sevier County | Court of Criminal Appeals | 05/26/98 | |
| In State v. Preston, 759 S.W.2D 647 (Tenn. 1988), Our Supreme Court Held:
01C01-9708-CR-00362
|
Sumner County | Court of Criminal Appeals | 05/22/98 | |
| State vs. John Bakenhus
01C01-9705-CC-00165
Originating Judge:Robert W. Wedemeyer |
Montgomery County | Court of Criminal Appeals | 05/22/98 | |
| State vs. Michael Wasson
02C01-9708-CR-00323
Originating Judge:Bernie Weinman |
Shelby County | Court of Criminal Appeals | 05/22/98 | |
| State vs. James Young
01C01-9605-CC-00208
Originating Judge:J. S. Daniel |
Rutherford County | Court of Criminal Appeals | 05/22/98 | |
| State vs. Luther McCutcheon
02C01-9708-CC-00298
Originating Judge:Julian P. Guinn |
Henry County | Court of Criminal Appeals | 05/22/98 | |
| State vs. James Young
01C01-9605-CC-00208
Originating Judge:J. S. Daniel |
Rutherford County | Court of Criminal Appeals | 05/22/98 | |
| State vs. Anna Eadie
01C01-9708-CC-00380
Originating Judge:David G. Hayes |
Montgomery County | Court of Criminal Appeals | 05/22/98 | |
| State vs. Wilbert Heller
01C01-9701-CC-00034
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Marshall County | Court of Criminal Appeals | 05/21/98 | |
| Special Judge Hamilton v. Gayden, Jr.
01S01-9704-CV-00081
Authoring Judge: William S. Russell, Retired Judge
Originating Judge:Hon. |
Davidson County | Workers Compensation Panel | 05/21/98 | |
| State vs. Clifford Cox
01C01-9705-CC-00191
Originating Judge:Robert W. Wedemeyer |
Robertson County | Court of Criminal Appeals | 05/21/98 | |
| State vs. Cleveland Rogers
01C01-9612-CC-00534
|
Montgomery County | Court of Criminal Appeals | 05/21/98 | |
| State vs. James Vaughn
01C01-9612-CR-00523
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Sumner County | Court of Criminal Appeals | 05/21/98 | |
| Thomas Barlow vs. State
01C01-9707-CC-00257
Originating Judge:Gary R. Wade |
Rutherford County | Court of Criminal Appeals | 05/21/98 | |
| 01C01-9702-CC-000067
01C01-9702-CC-000067
|
Sequatchie County | Court of Criminal Appeals | 05/21/98 | |
| State vs. John Cooke III
W2002-00476-CCA-R3-PC
The petitioner appeals the dismissal of his petition for post-conviction relief, arguing that the post-conviction court erred in finding he received the effective assistance of counsel. Based on our review, we affirm the order of the post-conviction court dismissing the petition.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Roy B. Morgan, Jr. |
Madison County | Court of Criminal Appeals | 05/20/98 | |
| Simmons vs. Russell, et. al.
01A01-9709-CV-00467
Originating Judge:James E. Walton |
Montgomery County | Court of Appeals | 05/20/98 |