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| 02C01-9612-CC-00468
02C01-9612-CC-00468
|
Lake County | Court of Criminal Appeals | 04/29/97 | |
| State vs. Kenneth O'Guinn
02C01-9510-CC-00302
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Madison County | Court of Criminal Appeals | 04/29/97 | |
| State vs. Crespo
03C01-9504-CR-00118
Originating Judge:Ben W. Hooper, II |
Sevier County | Court of Criminal Appeals | 04/29/97 | |
| State vs. Henry Eugene Hodges
01S01-9505-CR-00080
|
Supreme Court | 04/28/97 | ||
| State vs. Rickey Smith
02C01-9511-CR-00342
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Shelby County | Court of Criminal Appeals | 04/28/97 | |
| Part Upon State v. Roger Dale Hill, No. 01C01-9508-Cc-00267 (Tenn. Crim. App. June
02C01-9701-CC-00017
|
Lake County | Court of Criminal Appeals | 04/28/97 | |
| Bush vs. State
03S01-9604-CC-00047
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Cumberland County | Supreme Court | 04/28/97 | |
| State vs. Seals
03C01-9512-CC-00396
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Roane County | Court of Criminal Appeals | 04/28/97 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Court of Appeals | 04/28/97 | ||
| 03S01-9610-CV-00106
03S01-9610-CV-00106
|
Supreme Court | 04/28/97 | ||
| State vs. Marvin Mathews
02C01-9512-CC-00366
Originating Judge:Joseph H. Walker, III |
Lauderdale County | Court of Criminal Appeals | 04/28/97 | |
| Moore vs. State
03S01-9607-CR-00073
|
Supreme Court | 04/28/97 | ||
| State vs. Henry Eugene Hodges
01S01-9505-CR-00080
Originating Judge:Walter C. Kurtz |
Davidson County | Supreme Court | 04/28/97 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Court of Appeals | 04/28/97 | ||
| 02C01-9603-CR-00075
02C01-9603-CR-00075
Originating Judge:W. Fred Axley |
Shelby County | Court of Criminal Appeals | 04/28/97 | |
| 02C01-9701-CC-00038
02C01-9701-CC-00038
|
Lake County | Court of Criminal Appeals | 04/28/97 | |
| State vs. Barry L. Speck
02S01-9601-CR-00001
Originating Judge:L. Terry Lafferty |
Supreme Court | 04/28/97 | ||
| State vs. Henry Eugene Hodges
01S01-9505-CR-00080
|
Davidson County | Supreme Court | 04/28/97 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Court of Appeals | 04/28/97 | ||
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Court of Appeals | 04/28/97 | ||
| State vs. Jimmie Allen
02C01-9509-CR-00286
|
Shelby County | Court of Criminal Appeals | 04/28/97 | |
| David Dean vs. Home Depot USA, Inc.
M1999-02313-COA-R3-CV
Plaintiff, David Dean, was a 68 year old frequent patron of Home Depot. On April 27, 1997, Mr. Dean completed his shopping at the store, paid the cashier and, upon departing, appeared to have set off the electric theft detection alarm. An employee of Home Depot stopped Mr. Dean and asked him to step back into the store while employees located the source of whatever triggered the alarm. Mr. Dean was neither arrested nor charged and ultimately left the store. He brought suit against Home Depot for false imprisonment resulting in a jury verdict in his favor for $37,593.00. On Motion for a New Trial, asking in the alternative for remittitur, the trial court reduced the judgment by $3,000.00. Defendant appealed. Upon consideration of the record, we suggest an increased remittitur and remand the case giving Mr. Dean 15 days to accept the suggested remittitur.
Authoring Judge: Judge William B. Cain
Originating Judge:Carol L. Soloman |
Davidson County | Court of Appeals | 04/27/97 | |
| State vs. Jeremiah Leavy
W2001-03031-CCA-R3-PC
A Tipton County jury convicted the Petitioner of first degree murder, felony murder, aggravated robbery, and especially aggravated kidnapping. The trial court merged the two murder convictions and imposed a single life sentence with the possibility of parole. On direct appeal, this Court affirmed the conviction, and the Tennessee Supreme Court denied the Defendant's application for permission to appeal. The Petitioner then sought post-conviction relief in the trial court, alleging that he was denied effective assistance of counsel. Following a hearing, the post-conviction court dismissed the petition. The Petitioner filed a motion to reconsider, which the trial court denied, and the Petitioner appealed. Finding no error, we affirm the trial court's dismissal of the petition.
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Joseph H. Walker, III |
Tipton County | Court of Criminal Appeals | 04/27/97 | |
| Transportation Insurance Co., et al. v. Clayton B. Rees
01S01-9606-CV-00123
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 of findings of fact and conclusions of law. This case presents the question of whether an employee's possession or business use of a portable telephone converts an otherwise noncompensable injury into a compensable one. We conclude that it does not and affirm the trial court's denial of benefits. The employee, Clayton Rees, had been employed by Rock Harbor Marina in Nashville for only four weeks when he was injured while driving to work. He was a commission boat salesman. Rock Harbor paid Rees a draw against future commissions, but at the time of the injury, he had yet to sell a boat for Rock Harbor. Rees lived in Tullahoma, about equal distance between Nashville where he worked and Chattanooga where his fianc_ lived. On the morning of March 12, 1994, while commuting to work from Tullahoma to Nashville in his own truck, Rees was injured in a vehicle collision on US 231 just north of Shelbyville. A drunk driver caused the collision. To be covered by workers' compensation, the injury must arise out of and in the course and scope of employment. Tenn. Code Ann. _ 5-6-13. An injury sustained en route to or from work is not considered in the course of employment. Lollar v. Wal-Mart Stores, Inc. 767 S.W.2d 143, 144 (Tenn. 1989). There are exceptions to this rule, such as when the employee is on the employer's premises, Id. 15, but none of the exceptions apply here. Rees seeks to avoid this firm and long-standing rule because he had a portable telephone with him on his commute and, according to him, was -2-
Authoring Judge: Robert S. Brandt, Senior Judge
Originating Judge:Hon. J. Russell Heldman, |
Davidson County | Workers Compensation Panel | 04/25/97 | |
| Brunswick Marine v. Kenneth W. Miller
01S01-9605-CV-00099
Authoring Judge: William H. Inman, Senior Judge
Originating Judge:Hon. |
Rutherford County | Workers Compensation Panel | 04/25/97 |