Clinton Books, Inc. v. City of Memphis
This appeal relates to the plaintiffs’ challenge to the constitutionality of Tennessee Code Annotated section 7-51-1402 (1998), which regulates the hours during which adult-oriented establishments may remain open and, if violated, results in criminal penalties. We must determine 1) whether the trial court had jurisdiction to issue a temporary injunction barring enforcement of the statute; and 2) whether the trial court erred in consolidating the request for injunctive relief with the declaratory judgment action and addressing the constitutionality of the statute. We conclude that the trial court lacked jurisdiction to grant injunctive relief. Furthermore, the trial court erred in addressing the constitutionality of the statute without providing notice to the parties that the court was consolidating the action for injunctive relief with the declaratory judgment action. Accordingly, we affirm the judgment of the Court of Appeals and remand the case to the trial court for a trial on the merits of the declaratory judgment action. |
Shelby | Supreme Court | |
Paula P. King Booker v. The Boeing Company, d/b/a Boeing-Oak Ridge Company
We accepted a question certified to this Court from the United States District Court for the Eastern District of Tennessee to clarify the operation of the statute of limitations for discriminatory pay claims under the Tennessee Human Rights Act. After considering the arguments of the parties and the applicable authority, we hold that a claim of discriminatory pay may be brought at any time within one year that a plaintiff has received discriminatory pay and that back pay is available for the duration of the unequal pay. |
Supreme Court | ||
Mae Ellen Williams, et al. v. Baptist Memorial Hospital, et al.
We granted this appeal to determine whether the trial court erred in denying the plaintiffs’ motion for an enlargement of time under Rule 6.02 of the Tennessee Rules of Civil Procedure and in granting summary judgment to the defendants. A majority of the Court of Appeals affirmed the judgment. After reviewing the record and applicable authority, we conclude (1) that the trial court did not abuse its discretion in denying the plaintiffs’ motion for an enlargement of time because the plaintiffs failed to show excusable neglect under Rule 6.02 and (2) that the trial court properly granted summary judgment to the defendants. As a result, we affirm the Court of Appeals’ judgment. |
Shelby | Supreme Court | |
State of Tennessee v. James D. Nicholson - Dissenting
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Davidson | Supreme Court | |
State of Tennessee v. James D. Nicholson
We granted review to address the following certified question that was reserved by Defendant, James D. Nicholson, following his guilty plea to possession of cocaine for resale: “whether the evidence seized from the defendant in this case should have been suppressed because it was seized pursuant to the warrantless arrest of the defendant for which the police had no probable cause in violation of the 4th Amendment to the United States Constitution and Article One, Section Seven of the Tennessee Constitution as well as the Tennessee Supreme Court’s decision in State of Tennessee v. Perry Thomas Randolph, 74 S.W.3d 330 (Tenn. 2002).” After being instructed to “hold up” by a detective, Defendant turned and ran. A majority of the Court of Criminal Appeals concluded that Defendant was seized when he was thereafter pursued and apprehended by officers. The intermediate court concluded that, because the detectives lacked reasonable suspicion or probable cause to effectuate such a seizure, the evidence flowing therefrom must be suppressed. After careful review of the record and applicable authority, we concur with the judgment rendered by the Court of Criminal Appeals. Accordingly, we affirm the judgment of the Court of Criminal Appeals, reverse and vacate Defendant’s conviction and dismiss the charges. We also emphasize the importance of creating an adequate record for review in cases such as this one. |
Davidson | Supreme Court | |
Sherry A. Hubble et al. v. Dyer Nursing Home
This workers’ compensation action arose out of an automobile accident occurring while the plaintiff was on her way to an orientation session held at a location separate from the nursing home facility at which she had been hired to work. The chancery court awarded the plaintiff 95% permanent partial disability and also ordered the defendant employer to reimburse State Farm, the insurer of the driver of the automobile, for medical payments made under the driver’s policy. The court did not order reimbursement for amounts paid by State Farm under the liability portion of the policy. On appeal, the defendant argues: 1) the plaintiff was not an employee at the time of the accident; 2) if she was an employee, the injury did not arise out of and in the course of the plaintiff’s employment; 3) the trial court erred in ordering the defendant to reimburse State Farm for medical payments made; and 4) the trial court erred in not allowing the defendant a credit for those amounts already paid by State Farm. The plaintiff appeals the finding of 95% permanent partial disability, arguing that the evidence supports a finding of permanent total disability. State Farm appeals the court’s denial of reimbursement for the amount State Farm paid under the liability provision of the policy. We accepted review before the case was heard or considered by the Special Workers’ Compensation Appeals Panel. Upon due consideration, we affirm the decision of the chancery court that the plaintiff was an employee, that she was injured in the course and scope of her employment, and that she suffered 95% permanent partial disability. We also hold that the trial court correctly ordered the defendant to reimburse State Farm for the medical benefits paid while denying reimbursement for the amounts paid under the liability provision. Finally, we conclude that the defendant is not entitled to a credit for the amount paid by State Farm. |
Gibson | Supreme Court | |
Walter Bailey, et al. v. County of Shelby, et al.
In this expedited appeal, this Court is asked to decide two questions of first impression. The first question is whether a term limit provision contained in a county charter is authorized by Tennessee Code Annotated section 5-1-210(4). Like the lower courts, we answer this question in the affirmative. The second question before this Court is whether Tennessee Code Annotated section 5-1-210(4) violates Article VII, section 1, of Tennessee’s constitution to the extent that the statute authorizes a county with a charter form of government to impose term limits upon members of its legislative body. Unlike the Court of Appeals, we answer this question in the negative. Accordingly, the judgment of the Court of Appeals is reversed. The judgment of the chancery court is reinstated. |
Shelby | Supreme Court | |
Donna J. Overman v. Altama Delta Corporation - Dissenting
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Henderson | Supreme Court | |
Donna J. Overman v. Altama Delta Corporation
We accepted this interlocutory appeal pursuant to Rule 9 of the Tennessee Rules of Appellate Procedure to determine the enforceability of the employee’s prospective waiver of her reconsideration rights in a workers’ compensation settlement agreement. We conclude that the waiver provision is contrary to both the plain language of Tennessee Code Annotated section 50-6-114(a) and public policy and, therefore, is unenforceable. Accordingly, we affirm the judgment of the trial court as modified and remand the case to the trial court for further proceedings consistent with this opinion. |
Henderson | Supreme Court | |
State of Tennessee v. Steven Rollins - Concurring and Dissenting
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Sullivan | Supreme Court | |
State of Tennessee v. Steven Rollins
The defendant, Steven James Rollins, was convicted of premeditated murder, felony murder, and especially aggravated robbery. The trial judge merged the felony murder conviction with the premeditated first degree murder conviction. Upon conclusion of the sentencing hearing, the jury found that the State had established beyond a reasonable doubt the following five aggravating circumstances: (1) the defendant was previously convicted of one or more felonies, other than the present charge, whose statutory elements involve the use of violence to the person; (2) the murder was especially heinous, atrocious, or cruel in that it involved torture or serious physical abuse beyond that necessary to produce death; (3) the murder was committed for the purpose of avoiding, interfering with, or preventing a lawful arrest or prosecution of the defendant or another; (4) the murder was knowingly committed, solicited, directed, or aided by the defendant, while the defendant had a substantial role in committing or attempting to commit, or was fleeing after having a substantial role in committing or attempting to commit, any robbery; and (5) the victim of the murder was seventy (70) years of age or older. See Tenn. Code Ann. § 39-13-204(i)(2), (5), (6), (7), (14) (1999). After further finding that these aggravating circumstances outweighed mitigating circumstances beyond a reasonable doubt, the jury imposed a sentence of death. The defendant appealed, challenging both his conviction and sentence of death.1 The Court of Criminal Appeals affirmed. The case was automatically docketed in this Court. See Tenn. Code Ann. § 39-13-206(a)(1). Thereafter, this Court entered an order specifically requesting that the parties address the following three issues at oral argument:2 (1) whether the interrogation of the defendant by the sheriff’s officers after his arrest violated the defendant’s state and federal constitutional rights to counsel such that the trial court erred by refusing to suppress the defendant’s statements; (2) whether the trial court erred in refusing to allow the defendant to call his codefendant, Greg Fleenor, to the witness stand to invoke his privilege against self-incrimination in the jury’s presence; and (3) whether the mandatory review provisions of Tennessee Code Annotated section 39-13-206(c)(1) require reversal of the defendant’s death sentence.3 Upon thoroughly considering these and all issues raised by the defendant, the record on appeal, and the relevant authority, we affirm the defendant’s conviction of first degree murder and sentence of death. |
Sullivan | Supreme Court | |
State of Tennessee v. Timothy Wade Davis - Dissenting
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Knox | Supreme Court | |
State of Tennessee v. Timothy Wade Davis
We granted the defendant permission to appeal to consider whether the exact copy requirement of Tennessee Rule of Criminal Procedure 41(c)1 applies to an affidavit that has been incorporated by reference into a search warrant. Upon consideration, we hold that the exact copy requirement expressly applies to search warrants only and does not apply to incorporated affidavits. The record supports the trial court’s finding that the defendant a copy of the search warrant was “identical in every respect” to the original search warrant. Furthermore, even if the exact copy requirement expressly applied to affidavits, we would conclude, as did the Court of Criminal Appeals, that the insignificant differences between the original affidavit and the defendant’s copy of the affidavit do not warrant suppression of the evidence. For these reasons, we affirm the judgments of the trial court and Court of Criminal Appeals. |
Knox | Supreme Court | |
State of Tennessee v. Stephen Lynn Hugueley
Defendant, Stephen Lynn Hugueley, was convicted by a jury of one count of first degree premeditated murder. During the penalty phase of the trial, the jury found four aggravating circumstances: (1) Defendant was previously convicted of one or more felonies whose statutory elements involved the use of violence to the person; (2) the murder was especially heinous, atrocious, or cruel in that it involved torture or serious physical abuse beyond that necessary to produce death; (3) Defendant committed the murder while he was in a place of lawful confinement; and (4) the victim was a corrections employee. See Tenn. Code Ann. § 39-13-204(i)(2), (5), (8), (9) (Supp. 1999). Additionally, the jury determined that the evidence of these aggravating circumstances outweighed the evidence of mitigating circumstances beyond a reasonable doubt. Id. at (g)(1). The jury thereupon sentenced Defendant to death. The Court of Criminal Appeals affirmed the conviction and the death sentence. After the case was docketed in this Court, we entered an order identifying several issues for oral argument.1 We now hold as follows: (1) the 1 trial court did not commit reversible error in concluding that Defendant failed to establish purposeful discrimination by the prosecution in its exercise of peremptory challenges in violation of Batson v. Kentucky and J.E.B. v. Alabama ex rel. T.B.; (2) the trial court did not commit reversible error in refusing to dismiss prospective juror Watkins for cause; and (3) the death sentence is valid under this Court’s mandatory review pursuant to Tennessee Code Annotated section 39-13-206(c)(1) (2003). We agree with the Court of Criminal Appeals’ conclusions with respect to the remaining issues, the relevant portions of which are included in the appendix to this opinion. Accordingly, the Court of Criminal Appeals’ judgment is affirmed. |
Hardeman | Supreme Court | |
State of Tennessee v. Stephen Lynn Hugueley - Concurring and Dissenting
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Hardeman | Supreme Court | |
Misty Michelle Glisson v. Mohon International, Inc./Campbell Ray
The employer in this workers’ compensation action has appealed from a judgment of the Circuit Court of Henry County finding that the employee suffered a work-related back injury. The trial court awarded the employee benefits based on 30% permanent partial disability to the body as a whole. The employer contends on appeal that the medical proof, which does not include any medical testimony, is insufficient to establish a causal connection between the employee’s injury and her employment. The dispositive question before this Court is whether the evidence preponderates against the trial court’s finding that the employee’s injury arose out of her employment. We conclude that the record and applicable law support the trial court’s decision to award benefits. We further hold that a local rule of the 24th Judicial District which prohibits the taking of medical depositions in workers’ compensation cases absent leave of court is invalid. The trial court’s judgment is affirmed. |
Henry | Supreme Court | |
State of Tennessee v. David Ivy - Concurring and Dissenting
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Shelby | Supreme Court | |
State of Tennessee v. David Ivy
The defendant, David Ivy, was convicted of premeditated first degree murder and was sentenced to death. In imposing a death sentence, the jury found that two aggravating circumstances, i.e., the defendant was previously convicted of one or more felonies whose statutory elements involved the use of violence to the person and the murder was committed for the purpose of avoiding, interfering with, or preventing a lawful arrest or prosecution of the defendant or another, had been established beyond a reasonable doubt. Tenn. Code Ann. § 39-13-204(i)(2) and (6) (Supp. 1999). In addition, the jury determined that the evidence of aggravating circumstances outweighed the evidence of mitigating circumstances beyond a reasonable doubt. Id. at (c). The Court of Criminal Appeals affirmed the convictions and the death sentence. After the appeal was docketed in this Court, we entered an order identifying eight issues for oral argument.1 Having reviewed the record and applicable authority, we now hold that: 1) the evidence was sufficient to support the first degree murder conviction; 2) the trial court did not err in impaneling an anonymous jury; 3) the trial court properly ruled that the victim’s statements were admissible under the “forfeiture by wrongdoing” hearsay exception; 4) the evidence supported the jury’s findings that the two aggravating circumstances were proven beyond a reasonable doubt; 5) the trial court erred during the sentencing phase in instructing the jury that two of the five prior felony convictions relied on by the prosecution involved violence to a person, but the error was harmless beyond a reasonable doubt; 6) the trial court erred in allowing the prosecution to introduce the defendant’s prior indictment for first degree murder in the sentencing phase of the trial where the defendant had been convicted of second degree murder, but the error did not affect the outcome; 7) the trial court erred in ruling that defense counsel could not argue residual doubt as a mitigating circumstance during the sentencing phase, but the error did not affect the outcome; and 8) the evidence of aggravating circumstances outweighed the evidence of mitigating circumstances beyond a reasonable doubt, and the death sentence was not arbitrary or disproportionate. We also agree with the Court of Criminal Appeals’ conclusions with respect to the remaining issues, the relevant portions of which are included in the appendix. Thus, the Court of Criminal Appeals’ judgment is affirmed. |
Shelby | Supreme Court | |
State of Tennessee v. Charles Rice - Concurring and Dissenting
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Shelby | Supreme Court | |
State of Tennessee v. Charles Rice
A jury convicted the defendant, Charles Rice, of first degree murder. Following a capital sentencing hearing, the jury found three aggravating circumstances: (1) the defendant was previously convicted of one or more felonies, the statutory elements of which involve the use of violence to the person; (2) the murder was especially heinous, atrocious, or cruel in that it involved torture or serious physical abuse beyond that necessary to produce death; and (3) the murder was knowingly committed by the defendant while the defendant had a substantial role in committing, or was fleeing after having a substantial role in committing or attempting to commit a rape. Tenn. Code Ann. § 39-13- 204(i)(2), (5), (7) (1997). The jury also found that these aggravating circumstances outweighed the mitigating circumstances beyond a reasonable doubt. Accordingly, the jury imposed a sentence of death. The Court of Criminal Appeals affirmed both the conviction and sentence. Upon automatic appeal pursuant to Tennessee Code Annotated section 39-13-206 (2003), this Court entered an order specifying seven issues for oral argument,1 including (1) whether the evidence is sufficient to support the conviction; (2) whether the evidence is sufficient to support the aggravating circumstances found by the jury; (3) whether the trial court’s instruction to the jury that aggravated assault was a felony whose statutory elements involve violence to the person violated the Sixth and Fourteenth Amendments to the United States Constitution; (4) whether the trial court’s restriction of the defendant’s cross-examination regarding Tony Evans’ prior conviction was harmless error; (5) whether the trial court erred in refusing to allow the defendant to sit at the defense counsel table; (6) whether the trial court erred in not instructing the jury on the lesser-included offense of facilitation; and (7) whether the death sentence is comparatively proportionate and valid under the mandatory review provisions of Tennessee Code Annotated section 39-13-206(c)(1)(A)- (D) (2003). After a careful review of the record and relevant legal authority, we affirm the judgment of the Court of Criminal Appeals. |
Shelby | Supreme Court | |
Kaitlyn Calaway ex rel. Kathleen Calaway v. Jodi Schucker, M.D. - Order
The appellants, Kaitlyn Calaway and Kathleen Calaway, have filed a petition to rehear the opinion of this Court issued December 9, 2005. In their petition, the appellants request that the Court give the decision in this case prospective application only. The appellants further request that the Court elaborate on certified questions one and two regarding the recovery of medical expenses where the statute of repose has not run on a minor’s claim. Upon due consideration, we conclude that the appellants’ petition to rehear is well-taken and should be granted to the extent that it seeks prospective application of the Court’s decision. Accordingly, the Clerk of the Court is hereby directed to substitute and file the attached amended majority opinion in place of the original majority opinion. The petition to rehear is denied to the extent that it seeks further discussion of certified questions one and two. Also before the Court are two motions filed by potential plaintiffs in an unrelated matter. Karen Crespo and Freddie Crespo have filed a motion for leave to appear as amicus curiae and a motion to file an amicus brief in excess of fifteen (15) pages. According to these motions, the Crespos are the parents of a minor child with a brain injury and are in the process of preparing a medical negligence suit. The Crespos urge the Court to rehear the opinion and allow them to brief the issues. After careful consideration, the Court is of the opinion that both of these motions filed by the Crespos should be denied. |
Supreme Court | ||
Kaitlyn Calaway ex rel. Kathleen Calaway v. Jodi Schucker, M.D. - Order
The appellants, Kaitlyn Calaway and Kathleen Calaway, filed a motion for rehearing of the opinion of this Court issued February 21, 2006. In their petition, the appellants request that the Court give prospective application of the newly announced rule to cases involving injuries occurring after December 9, 2005, rather than to cases commenced after this date. Upon due consideration, we conclude that the appellants’ petition is not well-taken and should be denied. Also before the Court is a motion to rehear filed by the appellee, Dr. Jodi Schucker. Appellee argues violation of her Due Process rights on two grounds: (1) that she was not given the opportunity to respond to the plaintiff’s motion to rehear on the matter of prospective application and (2) that prospective application of the new rule in a manner consistent with Due Process requires this Court to balance the appellant’s reliance interest on the old rule against the appellee’s vested property After careful consideration, the Court is of the opinion that this motion filed by the appellee should be denied. Justices Anderson and Holder adhere to the views previously expressed in their previously filed dissent. |
Supreme Court | ||
David D. Orrick v. Bestway Trucking, Inc., et al.
We granted review in this workers' compensation case to determine whether the Special Workers' Compensation Appeals Panel erred in reducing the trial court's disability award from 33% to 3%. After reviewing the record and the applicable authority, we conclude that reduction of the trial court's award is appropriate. We further conclude, however, that we are unable to enter an appropriate award based on the record before us. We therefore remand to the trial court to enter an award consistent with this opinion. |
Warren | Supreme Court | |
State of Tennessee v. William Glenn Rogers
In this capital case, the defendant, William Glenn Rogers, was convicted of first degree premeditated murder, two counts of first degree felony murder, especially aggravated kidnapping, rape of a child, and two counts of criminal impersonation in connection with the 1996 abduction, rape, and murder of nine-year-old Jacqueline Beard. The trial court merged the felony murder convictions with the premeditated murder conviction. Based on four aggravating circumstances, the jury imposed a sentence of death for the murder. The trial court sentenced Rogers to an effective sentence of fortyeight years for the other convictions. The Court of Criminal Appeals affirmed. On automatic appeal under Tennessee Code Annotated section 39-13-206(a)(1), we designated the following issues for oral argument:1 1) whether the trial court erred in failing to suppress Rogers’ statements to law enforcement officers; 2) whether the trial court erred in supplementing the appellate record with mental health and social services records pertaining to the victim’s brother, Jeremy Beard; 3) whether the trial court violated Rogers’ constitutional rights by limiting cross-examination of Jeremy Beard; 4) whether the trial court committed harmful error in its instruction defining “intentionally”; 5) whether the evidence is insufficient to support the convictions for first degree murder, kidnapping, and rape; 6) whether the evidence is insufficient to support the aggravating circumstances; and 7) whether the sentence of death is disproportionate or invalid under the mandatory review of Tennessee Code Annotated section 39-13-206(c)(1). Having carefully reviewed these issues and the remainder of the issues raised by Rogers, we conclude that they do not warrant relief. Accordingly, we affirm the judgment of the Court of Criminal Appeals. |
Montgomery | Supreme Court | |
State of Tennessee v. William Glenn Rogers - Concurring and Dissenting
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Montgomery | Supreme Court |
