APPELLATE COURT OPINIONS

Please enter some keywords to search.
State of Tennessee v. Jacob A. Smith

E2023-01065-CCA-R3-CD

The defendant, Jacob A. Smith, appeals his Knox County jury conviction of unlawful
possession of a weapon by a convicted felon, challenging the trial court’s denial of his
motion to continue his trial to attain the assistance of an expert witness. Because the
defendant’s motion for new trial was untimely filed and because we decline to waive the
untimeliness of the defendant’s notice of appeal, we dismiss the appeal.

Authoring Judge: Judge James Curwood Witt, Jr.
Originating Judge:Judge G. Scott Green
Knox County Court of Criminal Appeals 07/12/24
Kim Williams v. The Lewis Preservation Trust

E2023-00085-COA-R3-CV

This is a negligent misrepresentation action in which the plaintiff filed suit against the
attorney responsible for transferring her mother’s assets into an irrevocable trust. The
plaintiff alleged that she approved the transfer because she was erroneously advised that
the terms of the irrevocable trust would require distribution upon her mother’s passing.
The trial court granted summary judgment dismissal in favor of the defendant attorney.
We affirm.

Authoring Judge: Judge John W. McClarty
Originating Judge:Chancellor Melissa Thomas Willis
Rhea County Court of Appeals 12/12/23
Kris Young v .State of Tennessee

E2022-00235-CCA-R3-PC

The petitioner, Kris Young, appeals the denial of his petition for post-conviction relief,
which petition challenged his convictions of aggravated kidnapping, aggravated robbery,
and aggravated burglary, alleging that the trial court erred in the jury instructions, that the
evidence was insufficient to support the aggravated kidnapping conviction, that the
kidnapping statutes are unconstitutionally vague, that his aggravated kidnapping
conviction violates the principles of double jeopardy, and that trial and appellate counsel
performed deficiently. Discerning no error, we affirm the denial of post-conviction relief.

Authoring Judge: Judge James Curwood Witt, Jr.
Originating Judge:Judge G. Scott Green
Knox County Court of Criminal Appeals 08/03/23
Charles Blake Britton v. Liberty Mutual Insurance Co.

03S01-9901-CH-00012
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). The plaintiff brought this action to recover for an injury which he alleges occurred in February of 1995. The trial judge found the plaintiff had failed to show the injury of 1995 entitled him to recover. We affirm the judgment of the trial court.
Authoring Judge: John K. Byers, Sr. J.
Originating Judge:Hon. Jerri S. Bryant
Knox County Workers Compensation Panel 02/16/11
Gary Charles Hill v. Insurance Company of North America

03S01-9712-CH-00150
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. The trial court awarded the employee, Gary Charles Hill, 1% permanent partial disability to the body as a whole. The insurance carrier, Insurance Company of North America, has appealed contending the evidence does not support a finding of permanent disability. Employee Hill was 41 years of age at the time of the incident in question and was a high school graduate. A great deal of his work experience has been as a painter but he has operated construction equipment and worked as a carpenter. He had been employed by Raytheon since 1994 and was doing industrial painting on about February 16, 1995. He testified he was operating a grinder under a large- like air compressor when he felt a pull in a muscle. When this pain occurred he was lying down in a somewhat twisted position and was working over his head. He reported the incident to his employer and was given a list of three physicians. He chose Dr. Lester F. Littell and saw him on March 2, 1995. Dr. Littell told him he had a pinched nerve and would probably need surgery. Hoping to avoid surgery, he went to see a private physician, Dr. Ernest Forsten. Dr. Forsten scheduled an M.R.I. examination and later referred him to Dr. Larry Gibson, a neurologist. Plaintiff continued to work with his complaints and was terminated from employment on August 22, 1995. His employer told him the termination was due to his "arrest record." At the trial he told the court the accident caused neck pain and numbness in some of his fingers and thumb. He said he felt his recovery was about 75% back to normal status but he was still having pain in the back of his shoulder and down his left arm. He said he could not return to industrial painting work but he had worked at small painting jobs such as painting bedrooms, porches, fences, etc. All of the expert medical testimony was presented by deposition. Dr. Larry Gibson testified plaintiff had damage or a pinching of his 6th and 7th nerve with subsequent weakness in the left triceps. He stated a nerve conduction study confirmed the diagnosis. Testing also revealed a bulging disc which was due 2
Authoring Judge: Roger E. Thayer, Special Judge
Originating Judge:Hon. Jeffrey F. Stewart,
Knox County Workers Compensation Panel 02/16/11
Sheila Reece v. J. T. Walker Industries Inc. d/b/a Rite

E2006-01555-WC-R3-WC
This workers= compensation appeal has been referred to the Special Workers= Compensation Appeals Panel of the Tennessee Supreme Court in accordance with Tennessee Code Annotated section 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The employee developed bilateral carpal tunnel syndrome as a result of her employment. The trial court awarded her 50% permanent partial disability to both hands. The employer has appealed, contending the award is excessive. We modify the award to 50% permanent partial disability to both arms, and affirm the judgment
Authoring Judge: Jerry Scott, Sr. J.
Originating Judge:G. Richard Johnson, Chancellor
Knox County Workers Compensation Panel 02/16/11
02C01-9507-CC-00201

02C01-9507-CC-00201
Madison County Court of Criminal Appeals 12/01/10
State vs. Wiley Tipton

01C01-9803-CC-00131
Marshall County Court of Criminal Appeals 12/01/10
State vs. John Willie Partee

03C01-9805-CR-00191
Knox County Court of Criminal Appeals 12/01/10
02C01-9510-CC-00325

02C01-9510-CC-00325
Henry County Court of Criminal Appeals 12/01/10
State vs. Terrence T. Wiggins

01C01-9806-CR-00241

Originating Judge:Steve R. Dozier
Davidson County Court of Criminal Appeals 12/01/10
State of Tennessee v. Curtis Palmer

W2004-01748-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:James C. Beasley, Jr.
Shelby County Court of Criminal Appeals 12/01/10
State vs. Kenneth Bryan Harris

01C01-9807-CR-00305
Wilson County Court of Criminal Appeals 12/01/10
Michael Todd Drinnon vs. State

03C01-9808-CC-00305

Originating Judge:Ben K. Wexler
Hamblen County Court of Criminal Appeals 12/01/10
State vs. Ervin Lee Hayes

01C01-9809-CR-00374

Originating Judge:Cheryl A. Blackburn
Davidson County Court of Criminal Appeals 12/01/10
02C01-9603-CC-00111

02C01-9603-CC-00111

Originating Judge:Dick Jerman, Jr.
Gibson County Court of Criminal Appeals 12/01/10
02C01-9605-CC-00178

02C01-9605-CC-00178

Originating Judge:C. Creed Mcginley
Hardin County Court of Criminal Appeals 12/01/10
03C01-9901-CR-00043

03C01-9901-CR-00043
Hamilton County Court of Criminal Appeals 12/01/10
State of Tennessee v. Lewis Bernard Williams

W2005-00446-CCA-R3-CD
Authoring Judge: Judge Jerry Smith
Originating Judge:Clayburn L. Peeples
Gibson County Court of Criminal Appeals 12/01/10
Denami v. State, No. 01C01-9507-Cr-00224 (Tenn. Crim. App. At Nashville, July 5,

02C01-9611-cc-00410

Originating Judge:Joe G. Riley. Jr.
Lake County Court of Criminal Appeals 12/01/10
State vs. Collispaul Lancaster

02C01-9612-CC-00453
Obion County Court of Criminal Appeals 12/01/10
Thomas Newsome vs State

01C01-9506-CR-00167

Originating Judge:Ann Lacy Johns
Davidson County Court of Criminal Appeals 12/01/10
State vs. Blackstock

03C01-9405-CR-00170

Originating Judge:Stephen M. Bevil
Hamilton County Court of Criminal Appeals 12/01/10
Donnell Booker vs. State

E2005-00231-CCA-R3-HC
The petitioner, Donnell Booker, appeals from the trial court's order dismissing his petition for writ of habeas corpus. The state has filed a motion requesting that this court affirm the trial court's denial of relief pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. The petitioner has failed to establish that he is entitled to habeas corpus relief. Accordingly, the state's motion is granted and the judgment of the trial court is affirmed.
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:Robert E. Cupp
Johnson County Court of Criminal Appeals 12/01/10
Cyril v. Fraser

03C01-9409-CR-00314

Originating Judge:James E. Beckner
Greene County Court of Criminal Appeals 12/01/10