State vs. John Roe
02C01-9702-CR-00054
Trial Court Judge: Jon Kerry Blackwood

M & M vs. Maples
03A01-9705-CH-00171

State of Tennessee vs. Venson Earl Woodard
01C01-9511-CC-00379
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge Charles Lee

A Bedford County Circuit Court jury found Appellant Venson Woodard guilty of two counts of aggravated assault. As a Range II multiple offender, he received a sentence of nine years and eight months in the Tennessee Department of Correction. The trial court ordered the sentence to be served consecutive to a sente nce for which Appellant was on parole at the tim e of the offense. In this appeal, Appellant presents the following issue for review: whether the trial court violated its duty to act as a thirteenth juror by refusing to grant Appellant’s motion for a new trial. Specifically Appellant maintains the weight of the evidence shows he was acting in self-defense.
 

After a review of the record, we affirm the judgment of the trial co urt.

Tennessee Department of Health, Division of Health Related Boards and The Board of Medical Examiners, v. W. Dwight Frisbee, M.D.
01A01-9511-CH-00540
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Chancellor Robert S. Brandt

This appeal presents an issue of first impression concerning the evidentiary standards applicable to disciplinary proceedings involving licensed physicians. The Tennessee Department of Health perfected an interlocutory appeal to the Chancery Court for Davidson County after an administrative law judge disqualified its expert witness for failing to satisfy the locality rule generally applicable in medical malpractice cases. The trial court reversed the administrative law judge’s decision after concluding that a physician’s conduct should be measured by a statewide standard of minimum competency rather than a particularized local standard of care. While the administrative law judge’s decision was correct with regard to two of thecharges, we affirm the trial court’s decision in part because several of the charges in this proceeding only require proof that a physician has failed to meet statewide, minimal competency standards.

Demetra Lyree Parker, v. Warren County Utility District
01A01-9704-CH-00175
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Chancellor John W. Rollins

Plaintiff Demetra Lyree Parker appeals the trial court’s order granting the motion for summary judgment filed by Defendant/Appellee W arren County Utility District. We reverse the trial court’s judgment based on our conclusion that a genuine issue of material fact exists as to whether the Utility District responded promptly, adequately, and effectively to Parker’s allegations of sexual harassment against the Utility District’s general manager.

Winslow Watson, v. Tennessee Department of Correction, Tennessee Board of Paroles, CCA, and Jody Benjamin
01A01-9707-CH-00360
Authoring Judge: Judge Samuel L. Lewis
Trial Court Judge: Chancellor Carol L. McCoy

This is an appeal by petitioner/appellant, Winslow Watson, from a decision of the chancery court dismissing his petition for a declaratory judgment pursuant to the Declaratory Judgment Act, Tennessee Code Annotated section 29-14-101 to -113. The facts out of which this matter arose are as follows.

Porter Freeman vs. Robert Ring, County Executive, Jerry Sharber, Mayor, et al., - Concurring
01-A-01-9705-CH-00237
Authoring Judge: Judge Walter W. Bussart
Trial Court Judge: Chancellor Henry Denmark Bell

The appellant sought to enjoin both city and county officials from the sale of general obligation bonds. The Chancery Court of Franklin granted all  defendants' motions to dismiss pursuant to Rule 12.02(6) of the  Tennessee Rules of Civil Procedure. On appeal, we must determine  whether the trial court erred in not considering the petition for injunction on the merits as against either the city or the county defendants.

Robert J. McCurley, Patricia G. McCurley, v. City of Jackson, Tennessee, Charles Farmer, and J.B.Glassman and wife, Brenda Glassman, and Harold Angus
02A01-9703-CV-00059
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Judge Whit A. Lafon

This is an action in negligence arising out of the June 1993 acts of the appellant, Harold Angus, in demolishing the “Glassman” building, located at 111 North Highland Avenue in Jackson, pursuant to a contract with the city. Angus’ demolition of the building, which had been declared condemned by the city code, is not disputed. Nor is it disputed that, as a result of the building’s demolition, damage was sustained to the building located adjacent thereto, identified as the “Carmen’s” building, and owned by the appellees, Robert J. McCurley and wife, Patricia G. McCurley.1 The two buildings shared a common “party wall.” At issue in this case is whether Angus was negligent in its demolition of the Glassman building so as to be held legally accountable to the McCurleys for the damages they sustained. The case proceeded to a trial by jury where, at the close of all proof, the trial court directed a verdict in favor of the appellees on the issue of liability.2 Angus has appealed challenging the correctness of the trial judge’s decision in this regard. For the reasons hereinafter stated, we reverse and remand for a new trial.

State of Tennessee vs. Buffy Twadell
01C01-9606-CR-00231
Authoring Judge: Judge Gary R. Wade
Trial Court Judge: Judge Jane W. Wheatcraft

The defendant, Buffy Mae Twadell, has been indicted on two counts of aggravated perjury. Tenn. Code Ann. § 39-16-703. The district attorney general denied the defendant's application for pretrial diversion. Thereafter, the trial court denied her petition for a writ of certiorari. In this extraordinary appeal made pursuant to Rule 10 of the Tennessee Rules of Appellate Procedure, the defendant insists that the district attorney general abused his discretion by the denial of pretrial diversion. We affirm the judgment of the trial court.

Phillip Pomeroy vs. State of Tennessee
01C01-9610-CR-00424
Authoring Judge: Judge Gary R. Wade
Trial Court Judge: Judge Walter C. Kurtz

The petitioner, Phillip W. Pomeroy, appeals the trial court's dismissal of his petition for  post-conviction relief. The single issue presented for review is whether the petition is barred by the statute of limitations.

State of Tennessee v. Tyrone Watkins
01C01-9610-CR-00433
Authoring Judge: Judge Gary R. Wade
Trial Court Judge: Judge Jane W. Wheatcraft

The defendant, Tyrone Watkins, was convicted on July 18, 1994, of two Class A misdemeanors. While allowing pretrial jail credit, the trial court imposed consecutive sentences of eleven months and twenty-nine days, the remainder of which was to be served on probation. On February 16, 1996, a warrant was issued which resulted in the revocation of probation. The question of law certified for review is whether the probationary term had expired prior to the commencement of the revocation proceeding. Rule 37(b)(2)(i), Tenn. R. Crim. P. We must reverse the judgment of the trial court; the cause is dismissed.

Dennis P. Neilan vs. State of Tennessee
03C01-9611-CC-00411
Authoring Judge: Judge William M. Barker
Trial Court Judge: Judge Rex Henry Ogle

The appellant, Dennis P. Neilan, appeals from the judgment of the Sevier County Circuit Court which dismissed, without hearing, his petition seeking postconviction relief. We affirm the trial court pursuant to Rule 20 of the Rules of the Tennessee Court of Criminal Appeals.

LBJ, Inc., D/B/A Laurel Wood Farm, a Tennessee Corporation, and Lawrence J. Banner, v. Buford L., Craig, Glen L. Craig, Southern Garden Designs, Inc., et al.
03A01-9706-CH-00243
Authoring Judge: Senior Judge William H. Inman
Trial Court Judge: Chancellor Howard N. Peoples

This is an action for damages for breach of contract involving the sale of the assets of a corporation doing business as North River Nursery in Chattanooga. The selling price was $370,000.00, to be paid $305,000.00 cash and $65,000.00 in seven (7) promissory notes, each of which provides “That all or a substantial portion of the debt evidenced hereby shall be paid by work to be performed . . . . . as set out in a letter . . . ”

William J. Bunch v. Walton I. Bunch and Steven B. Bunch
02A01-9705-CH-00106
Authoring Judge: Presiding Judge W. Frank Crawford
Trial Court Judge: Chancellor George R. Ellis

This case involves a suit to partition certain real and personal property owned by three brothers as joint tenants with the right of survivorship. Walton and Steven Bunch appeal the order of the trial court granting the sale for partition.

State of Tennessee vs. Ricky Krantz
01C01-9406-CR-00207
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge J. Randall Wyatt, Jr.

The defendant, Ricky Hill Krantz, appeals as of right from his conviction by a jury in the Davidson County Criminal Court for felony murder and aggravated assault, a Class C Felony. The defendant was sentenced to life imprisonment for the felony murder conviction and as a Range II, multiple offender to seven years in the custody of the Department of Correction for the aggravated assault conviction. The trial court ordered the defendant’s sentences to be served consecutively. The defendant contends that:

(1) the evidence is insufficient to support the first degree
murder conviction;
(2) the trial court erred by not dismissing the indictment due to
the state’s failure to preserve a blood sample taken from the
defendant on the evening of the offense;
(3) the trial court erred by not dismissing the indictment upon
grounds of fundamental fairness because the defendant
should not have been retried after a mistrial upon a theory that
was not relied upon by the state in the first trial; and
(4) the trial court erred by allowing the state to use a
peremptory challenge in a discriminatory manner in violation of
the Sixth and Fourteenth Amendments to the United States
Constitution and in violation of Article I, Section 9 of the
Tennessee Constitution.

We conclude that the evidence is sufficient and that the trial court did not err as the defendant claims. We affirm the trial court’s judgment of conviction.

State of Tennessee vs. Gerome J. Smith
01C01-9610-CR-00421
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge Jane W. Wheatcraft

The Defendant, Gerome J. Smith, appeals as of right from a conviction of first degree murder following a jury trial in the Sumner County Criminal Court. Defendant was subsequently sentenced to life imprisonment. In this appeal, Defendant argues that the evidence is insufficient as a matter of law to allow a rational trier of fact to conclude that the Defendant committed premeditated firstdegree murder. We affirm the judgment of the trial co urt.

State of Tennessee vs. Robert Allen McKenzie
01C01-9701-CR-00008
Authoring Judge: Judge Joe B. Jones
Trial Court Judge: Judge Jane W. Wheatcraft

The issue which this court must resolve is whether the statute of limitations commences in an accessory after the fact prosecution when (a) the crime is committed or (b) the principal offender is convicted. The trial court found the statute of limitations does not commence until the principal offender is convicted. The defendant contends the statute of limitations commences when the crime of accessory after the fact is committed. After a thorough review of the record, the briefs submitted by the parties, and the law pertaining to the issue presented for review, it is the opinion of this court the statute of limitations commenced to run in this prosecution for accessory after the fact when the offense was committed. Therefore, the judgment of the trial court is reversed and the prosecution is dismissed since the prosecution was barred by the statute of limitations.

State vs. Tracy Stigall
02C01-9610-CR-00371
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge Arthur T. Bennett

Defendant, Tracey E. Stigall, was convicted by a Shelby County jury of the offense of aggravated burglary. The sole issue in this direct appeal is whether the trial court erred in failing to charge lesser offenses. We AFFIRM the judgment of the trial court.

Union Planters National Bank, as Executor and Trustee Under the Will of James A. LeRoy, Deceased, v. Betty Clair Reinhardt Dedman, John Dedman, Bernice A. LeRoy, Jill LeRoy Dimiceli, and Sue LeRoy Henderson, et al.
02A01-9701-PB-00026
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Judge Leonard D. Pierotti

Union Planters National Bank (“Bank”), as executor for the estate of James A. LeRoy (“Testator”), filed an action in the Probate Court of Shelby County for probate of Testator’s will on January 5, 1989. Bank subsequently filed suit for declaratory judgment against the beneficiaries and legatees of Testator’s property (“appellees”) alleging that the residuary estate provided for in Testator’s will to pay all death taxes was insufficient to cover his tax liability and seeking restitution from the appellees for their proportional share. Dedman appellees responded by contending that the post-death appreciation of residuary estate assets and the receipt of income from those assets had sufficiently increased the value of the residuary estate to enable it to sufficiently cover all death taxes requested by Bank. The Special Master appointed by the trial judge confirmed the sufficiency of the residuary estate on the date the taxes were due. The trial court entered judgment for appellees confirming the report of the Special Master finding that there was no shortfall in the residuary estate established by the testator in his will and thus rendering appellees not liable to Bank for reimbursement of death taxes in any amount. We find the decision of the lower court as to the issue of post-death income to the residuary trust to be in error and remand. Due to the complicated facts of this case and our determination that one issue in this case requires a remand to the lower court, we will only present the facts relevant to that issue.

State of Tennessee vs. Rogers L. McKinley
03C01-9612-CR-00455
Authoring Judge: Judge William M. Barker
Trial Court Judge: Judge Buddy D. Perry

The appellant, Rogers L. McKinley, appeals the Bledsoe County Criminal Court’s dismissal of his petition for a writ of habeas corpus. In 1990, the appellant entered guilty pleas and was convicted of two counts of rape and one count of aggravated burglary. The trial court sentenced the appellant as a Range II multiple offender to concurrent sentences of fifteen (15) years for each rape and ten (10) years for the aggravated burglary. No direct appeal was taken from those convictions and sentences.

In this appeal, the appellant contends that the trial court erred in dismissing his petition for a writ of habeas corpus without a hearing. Pursuant to Rule 20 of the Tennessee Court of Criminal Appeals, we affirm the judgment of the trial court.

Kohn Ashmore, b/n/f Angela Ashmore and Rodney Ashmore v. Hamilton County, Tennessee - Concurring
03A01-9706-CV-00201
Authoring Judge: Judge Don T. McMurray
Trial Court Judge: Judge Robert M. Summitt

The plaintiffs instituted this action against Hamilton County (defendant) charging that the defendant was negligent in maintaining Levi Road in that the county allowed shrubbery to grow along the right-of-way of Levi Road which impaired the vision of persons entering upon the roadway from adjacent properties. No roadway intersection was involved in the accident. The minor plaintiff, Kohn Ashmore, entered upon Levi Road from the lawn of property owned by a Mr. Sands. After a bench trial the trial court entered judgment in favor of the defendant. It is from this judgment that the plaintiffs' appeal. We affirm the judgment of the trial court.

Gerry Sue Hasek v. Donna Keene Holt and Gilreath and Associates
03A01-9706-CV-00210
Authoring Judge: Per Curiam
Trial Court Judge: Judge Wheeler Rosenbalm

This is a legal malpractice action. The Plaintiff alleges that she employed the defendants to reporesent her in a medical malpractice claim against Baptist Hospital of East Tennessee, Dr. Robert Hall or the proper party to be sued. Suit was brought against Baptist Hospital of East Tennessee and was, after mediation, eventually settled. Dr. Hall was not sued. The failure to bring an action against Dr. Hall is the basis of this action.

Suzanne Monique Swilley Ely v. Kenneth Ray Ely
03A01-9707-CH-00255
Authoring Judge: Special Judge Clifford E. Sanders
Trial Court Judge: Chancellor Fred D. McDonald

The pivotal issue on this appeal is whether or not the trial court erred in its calculation of the gross income of the obligor for determining his child support obligation.

William T. Rawls, v. N.V. Hodge, Norfolk Southern Railway Company, Inc., and James Moyer Massey
03A01-9707-CV-00293
Authoring Judge: Judge Don T. McMurray
Trial Court Judge: Judge Wheeler A. Rosenbalm

William T. Rawls (plaintiff) brought this action to recover damages resulting froma collision between a truck in in which he was a passenger and a train owned by Norfold Southern Railway Company. The truck was being driven by the defendant, James Massey. The train engineer was the defendant, N.V. Hodge. Rawls alleged that Norfolk Southern's locomotive was at the timeof the collison being operated in a negligent manner under the circumstances existing at the crossing where the accident took place.  He alleged that Hodge failed to give warning by blowing the train's whistle or horn, and that the crossing was not sufficiently marked by adequate warning devices. Rawls also sued Dycho Company, the owner of the land adjacent to to the rialway, alleging that a fence which Dycho had placed onits land, together with various structures and objects inside the fence, constituted a dangerous obstruction which blocked the view of the oncoming train.

Sandra Kay Cornelison v. Northwest Tn Economic Dev. Council
02S01-9704-CH-00035
Authoring Judge: Robert L. Childers, Special Judge
Trial Court Judge: Hon. Joe C. Morris
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 plaintiff sustained an injury to her back during the course of employment on March 1, 1994. Based on her age, education, lack of transferable job skills, the nature and extent of her injury, job opportunities for similarly injured workers and all other relevant vocational factors, the trial judge awarded her permanent partial disability benefits of 5% to the body as a whole. We find that the evidence preponderates against an award of 5% and in favor of an award of 25% permanent partial disability to the body as a whole and affirm the judgment of the trial court as modified. The plaintiff is a 42-year-old (39 at the time of the accident) female with a Child Development Associate's Certificate to work with young children. The plaintiff also has a cosmetology license. For some ten years prior to trial, the plaintiff was employed by the Madison County School System working with visually impaired students and CDC students at the local high school. At the time of the accident, and since, the plaintiff has sustained employment as an art teacher for four and five-year-old children in the Northwest Tennessee Head Start Program. This job entails lifting and squatting to manipulate and communicate with the children, as well as extended periods during which she must remain on her feet. On March 1, 1994 while attempting to move an art table in her classroom, the plaintiff experienced pain in her lower back which was initially diagnosed as a lower lumbar muscle strain. From March 23, 1994 through September 24, 1994 the plaintiff was seen by Dr. James Warmbrod who diagnosed the plaintiff as having a resolving lumbosacral sprain. The plaintiff was subsequently treated on October 21, 1994 by Dr. Jerry Engelberg, who found no significant abnormalities. Dr. Glen Barnett, a neurosurgeon, examined and treated the plaintiff from November 4, 1994, through August 12, 1996. Dr. Glen Barnett stated during the course of that treatment that he did not believe that surgery would decrease her pain. On April 1, 1996, Dr. Glen Barnett opined that the plaintiff had reached maximum medical