Charles H. Shell, et al. v. Caterpillar Precision Machined Castings, et al.
W2004-01155-WC-R3-CV
Authoring Judge: Special Judge Ron E. Harmon
Trial Court Judge: Chancellor J. Steven Stafford

This workers' compensation appeal has been referred to the Special Workers' Compensaton
Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. §50-6-225(e)(3) for
hearing and reporting to the Supreme Court of findings of fact and conclusions of law. In this
appeal, the employee asserts the trial court erred in finding that the employee's back surgery and
resulting disability were not causally related to the February 28, 2002, work injury. We conclude that the evidence presented supports the findings of the trial judge and, in accordance with Tennessee Code Annotated §50-6-225(e)(2), affirm the judgment of the trial court.

State of Tennessee v. Marlon Orlando Walls
M2003-01854-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge Robert W. Wedemeyer

Defendant, Marlon Orlando Walls, was indicted on one count of first degree felony murder, one count of especially aggravated kidnapping, and one count of second degree murder. Following a jury trial, Defendant was convicted of first degree felony murder and especially aggravated kidnapping, and found not guilty of second degree murder. Defendant was sentenced to life imprisonment for the felony murder conviction and fifteen years for the especially aggravated kidnapping conviction. The trial court ordered Defendant's sentences to be served concurrently, and Defendant does not challenge the length or manner of service of his sentences. Defendant was granted a delayed appeal. In his appeal, Defendant argues (1) that the evidence is insufficient to support his convictions; (2) that the trial court erred in failing to instruct the jury on facilitation; (3) that the trial court erred in not declaring a mistrial; (4) that the trial court erred in failing to instruct the jury on the natural and probable consequences rule; and (5) that the trial court erred in not allowing into evidence proof that when the victim possessed the handgun, the victim was violating the terms/conditions of his community corrections sentence. After a thorough review of the record, we affirm the trial court's judgments.

Terrell L. Robinson v. State of Tennessee
E2005-01544-CCA-R3-PC
Authoring Judge: Presiding Judge Gary R. Wade
Trial Court Judge: Judge Rebecca J. Stern

The petitioner, Terrell L. Robinson, appeals the denial of his petition for post-conviction relief. In this appeal of right, he asserts that his guilty plea was not knowingly and voluntarily entered and that he did not receive the effective assistance of counsel. The judgment of the post-conviction court is affirmed

State of Tennessee v. Bowman Robert Russell
E2005-01135-CCA-R3-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Judge E. Eugene Eblen

The defendant, Bowman Robert Russell, appeals from his Loudon County Criminal Court jury verdict resulting in a conviction of driving while under the influence of an intoxicant (DUI), third offense. The single issue on appeal is whether the convicting evidence is sufficient to support the conviction. Because it is, we affirm the judgment of the criminal court.

Heinrich W. Oberkirsch v. Janis L. Oberkirsch
M2004-01888-COA-R3-CV
Authoring Judge: Presiding Judge William C. Koch, Jr.
Trial Court Judge: Judge J. S. Daniel

This appeal stems from the change of a nine-year-old child's custody. The child was removed from his mother's custody after animal control officers, responding to complaints of animal abuse, discovered deplorable conditions in her home caused by a menagerie of cats. The father filed a petition for change of custody in the Chancery Court for Rutherford County. Following a bench trial, the court granted the father's petition and designated him as the primary residential parent. We agree with the trial court that there was a material change in circumstances warranting modification of the initial custody determination and that it is in the child's best interests for the father to be the primary residential parent.

State of Tennessee v. Tevias Bledsoe
W2004-01585-CCA-R3-CD
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge Joseph B. Dailey

The appellant, Tevias Bledsoe, was indicted on one count of premeditated murder, one count of felony murder, one count of especially aggravated robbery, and three counts of possession of a firearm by a convicted felon. After a jury trial, the appellant was acquitted of all charges except for the firearm possession charges. The trial court nolle prossed two of the firearm charges and sentenced the appellant to four years as a Range II multiple offender for the remaining conviction.  After the denial of a motion for new trial, the appellant filed a timely notice of appeal. On appeal, the appellant contends that the trial court committed plain error by failing to instruct the jury on the defense of duress. We agree and reverse and remand the judgment of the trial court.

Donita Dale Dowden v. Ronald J. Feibus
E2004-02751-COA-R3-CV
Authoring Judge: Judge D. Michael Swiney
Trial Court Judge: Judge Jacqueline E. Schulten

After fourteen years of marriage, Donita Dale Dowden ("Wife") sued Ronald J. Feibus ("Husband") for a divorce. After trial, the Trial Court entered its Final Decree, inter alia, awarding Wife a divorce, dividing the parties' marital property, and ordering Husband to pay Wife alimony in futuro of $1,000 per month. Husband appeals claiming that the Trial Court erred in awarding Wife alimony in futuro instead of rehabilitative alimony, in awarding Wife 50% of Husband's federal pension when a portion of that pension was earned prior to the marriage, and in dividing an award that Husband received from a personal injury lawsuit. We affirm.

State of Tennessee v. Joey Lee Smith
M2005-01732-CCA-R3-HC
Authoring Judge: Judge J. C. McLin
Trial Court Judge: Judge Stella L. Hargrove

The petitioner, Joey Lee Smith, appeals from the circuit court's summary dismissal of his pro se petition for writ of habeas corpus. Following our review of the parties' briefs and applicable law, we affirm the court's dismissal of the petition.

State of Tennessee v. John Allen, Jr.
M2005-00551-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge Thomas W. Graham

Following a revocation hearing, the trial court revoked the probation of Defendant, John Allen, Jr., and ordered him to serve the remainder of his sentence in confinement. In his appeal, Defendant argues that the trial court erred in finding that he had violated the terms of his probation, and in revoking his probation and ordering that the sentence be served by incarceration. After a review of this matter, we affirm the judgment of the trial court.

Catherine Layman v. Vanguard Contractors, et al.
M2004-01918-SC-R3-CV
Authoring Judge: Justice Janice M. Holder
Trial Court Judge: Judge Ross H. Hicks

The plaintiff sought workers' compensation benefits for both cognitive impairment and a disfiguring scar resulting from a work-related accident. We conclude that the evidence does not preponderate against the trial court's conclusion that the plaintiff did not suffer cognitive impairment as a result of the accident. With regard to the benefits for disfigurement, the trial court erred in calculating benefits as an award to the body as a whole pursuant to Tennessee Code Annotated section 50-6-207(3)(F) (1999). Injuries for disfigurement are instead governed by Tennessee Code Annotated section 50-6-207(3)(E) (1999), which limits the benefits for disfigurement to 200 weeks. Because the plaintiff's disfigurement may not be classified as an injury to the body as a whole, the trial court erred in limiting the award to two and one-half times the impairment rating as set forth in Tennessee Code Annotated section 50-6-241(a)(1) (1999). After an independent review of the evidence, we conclude that the evidence supports a vocational disability of 20% due to the disfigurement. Accordingly, the trial court's judgment is affirmed as modified, and the case is remanded to the trial court for further proceedings consistent with this opinion.

Kerry C. Lyons v. Gregory M. Lyons
W2004-02907-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Judge Rita L. Stotts

The trial court determined a material change of circumstances had occurred which warranted modification of the parties’ child visitation scheduled. Father appeals. We affirm.

Randall Carver v. Tony Parker, Warden
W2005-00522-CCA-R3-HC
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge R. Lee Moore Jr.

The petitioner, Randall Carver, pled guilty in the Sumner County Criminal Court to one count of attempted especially aggravated kidnapping and aggravated assault. He received a total effective sentence of eight years in the Tennessee Department of Correction. Subsequently, the petitioner filed a petition for a writ of habeas corpus in the Lake County Circuit Court. The habeas corpus court denied the petition, and the petitioner now appeals. Upon our review of the record and the parties’ briefs, we remand the case to the habeas corpus court for further proceedings consistent with this opinion.

Joseph Brown v. State of Tennessee
W2005-00250-CCA-R3-PC
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge W. Fred Axley

The petitioner, Joseph Brown, pled guilty in the Shelby County Criminal Court to facilitation of first degree murder and two counts of especially aggravated kidnapping. The trial court sentenced him to fifteen years for each conviction and ordered that the sentences be served concurrently.  Subsequently, the petitioner filed a petition for post-conviction relief, claiming that he did not knowing, intelligently, and voluntarily enter his guilty pleas. The post-conviction court denied relief.  Upon review of the record and the parties’ briefs, we must dismiss the petitioner’s appeal for lack of jurisdiction.

Alfred Joe Hill v. Tennessee Department of Correction, et al.
W2005-00703-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Chancellor Martha B. Brasfield

Inmate filed a petition for certiorari contesting his housing placement while incarcerated at WTSP.  The trial court dismissed the petition under the doctrine of mootness in view of the fact that inmate, during the course of the proceedings below was incarcerated at another penal institute. The trial court further  determined that the placement in housing was an administrative decision by the prison authorities and Petitioner’s rights were not violated by their decision. We affirm the dismissal under the doctrine of mootness.

State of Tennessee v. Larrie Maclin AND State of Tennessee v. Michael Lebron Anderson
W2003-03123-SC-R11-CD
Authoring Judge: Chief Justice William M. Barker
Trial Court Judge: Judge Chris B. Craft AND Judge Douglas A. Meyer

We granted permission to appeal these cases and then consolidated them to determine a question common to both: whether the admission at trial of an unavailable witness’s “excited utterance” to law enforcement officers at the crime scene violated the defendant’s right to confront witnesses against him. We conclude that—depending on the particular facts of a case—an excited utterance can be “testimonial.” If the statement is determined to be “testimonial,” then under Sixth Amendment analysis as outlined in Crawford v. Washington, 541 U.S. 36 (2004), and under Article I, Section 9 of the Tennessee Constitution, which guarantees the defendant’s right to “meet the witnesses face to face,” it is inadmissible unless the witness was unavailable and the defendant had a prior opportunity for cross-examination. If the statement is not testimonial, then admissibility is governed by the standards of Ohio v. Roberts, 448 U.S. 56 (1980). We reverse the Court of Criminal Appeals in State v.Maclin and dismiss charges against the defendant for reckless aggravated assault; we affirm the lower court’s conviction in State v. Anderson of the defendant for burglary of a building other than a habitation.

State of Tennessee, ex rel., Darrell L. Tipton, Michael L. Ross, & Dale M. Ross v. City of Knoxville
E2004-01359-COA-R3-CV
Authoring Judge: Presiding Judge Herschel Pickens Franks
Trial Court Judge: Chancellor Daryl R. Fansler

In this quo warranto action contesting annexation by the City, the Trial Could held landowners were not entitled to a jury trial and they had the burden of proof to contest in the annexation. Following trial, the Court held landowners had carried the burden of proof to invalidate the annexation. On appeal, we affirm the Trial Court's preliminary rulings, but reverse the invalidation of the annexation.

Charlie M. Gardner v. Tony Parker, Warden
M2005-01924-CCA-R3-HC
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge Monte D. Watkins

Petitioner, Charlie M. Gardner, appeals from the trial court's summary dismissal of his petition for writ of habeas corpus. The State has filed a motion for this Court to affirm the judgment of the trial court pursuant to Rule 20 of the Rules of the Tennessee Court of Criminal Appeals. Having reviewed the record, we find that the motion has merit and grant same. Accordingly, the judgment of the trial court is affirmed.

John E. Carter v. State of Tennessee
M2004-03073-CCA-R3-CO
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge Leon C. Burns, Jr.

This matter is before the Court upon the State's motion to dismiss or in the alternative to affirm the judgment of the trial court by memorandum opinion pursuant to Rule 20, Rules of the Court of Criminal Appeals. The petitioner has appealed the trial court's order summarily dismissing his three petitions for writ of error coram nobis in which the petitioner alleged that newly-discovered evidence and his own diminished capacity mandated a new trial. Upon a review of the record in this case, we are persuaded that the trial court was correct in summarily dismissing the petitions for coram nobis relief and that this case meets the criteria for affirmance pursuant to Rule 20, Rules of the Court of Criminal Appeals. Accordingly, the State's motion is granted, and the judgment of the trial court is affirmed.

John Jay Hooker v. W. Frank Crawford, et al.
M2005-00052-COA-R3-CV
Authoring Judge: Presiding Judge William C. Koch, Jr.
Trial Court Judge: Judge Walter C. Kurtz

This appeal involves the imposition of Tenn. R. Civ. P. 11 sanctions against a lawyer. The lawyer filed a civil rights suit in the Circuit Court for Davidson County against five state judges seeking monetary damages to punish the judges for their judicial actions in a prior case. The judges filed a Tenn. R. Civ. P. 12.02(6) motion to dismiss and a motion for sanctions under Tenn. R. Civ. P. 11. The trial court granted the motion to dismiss and later imposed monetary and other sanctions against the lawyer. The lawyer insists on this appeal that the trial court erred by imposing Tenn. R. Civ. P. 11 sanctions against him. We have determined that the Tenn. R. Civ. P. 11 sanctions fashioned by the trial court are carefully tailored and are clearly warranted by the lawyer's conduct.

William T. Yelton v. Robert Waller, Warden
M2004-02529-CCA-R3-HC
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge William C. Lee

Petitioner, William T. Yelton, filed a petition for habeas corpus relief attacking his Bedford County theft of property conviction. The trial court dismissed the petition without an evidentiary hearing. Petitioner has appealed, and the State has filed a motion pursuant to Rule 20 of the Rules of the Tennessee Court of Criminal Appeals to affirm the judgment of the trial court. Finding the motion to have merit, we grant same and affirm the judgment of the trial court.

Ronnie Jackson, Jr. v. Ricky J. Bell, Warden and State of Tennessee
M2005-01350-CCA-R3-HC
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge Seth W. Norman

The Petitioner, Ronnie Jackson, Jr., appeals from the trial court's denial of his petition seeking habeas corpus relief. The State has filed a motion requesting that this Court affirm the trial court's denial of relief pursuant to Rule 20, Rules of the Court of Criminal Appeals. The State's motion is granted. The judgment of the trial court is affirmed.

Lee A. Alderson v. State of Tennessee
M2005-01763-CCA-R3-HC
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge Monte D. Watkins

This matter is before the Court upon the State's motion to affirm the judgment of the trial court by memorandum opinion pursuant to Rule 20, Rules of the Court of Criminal Appeals. The petitioner has appealed the trial court's order summarily dismissing the petition for the writ of habeas corpus. In that petition, the petitioner alleges that his judgment was void and that his sentence was illegal. Upon a review of the record in this case we are persuaded that the trial court was correct in summarily dismissing the habeas corpus petition and that this case meets the criteria for affirmance pursuant to Rule 20, Rules of the Court of Criminal Appeals. Accordingly, the State's motion is granted, and the judgment of the trial court is affirmed.

Danny R. Coleman v. Stephanie D. Wilwayco, M.D., et al.
M2005-00075-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Judge Thomas W. Brothers

The unsuccessful plaintiff brings this appeal from the trial court's grant of summary judgment in favor of the defendants, Stephanie Wilwayco, M.D., and St. Thomas Family Health Center. Upon de novo review we affirm the action of the trial court.

Alton Bowman v. Charles Waggoner, et al.
M2004-00411-COA-R3-CV
Authoring Judge: Judge Frank G. Clement, Jr.
Trial Court Judge: Judge Clara W. Byrd

This is an action by Alton Bowman seeking damages against Smith County Motor Co., Inc. arising from the purchase of two vehicles. Bowman claims damages based on alleged misrepresentations and fraud concerning his intent to purchase disability insurance when he purchased the vehicles. He contends he requested both disability and life insurance when he purchased the vehicles from the dealership, however, only life insurance was provided and the contracts executed by the parties at the time of the sale clearly evidence only life insurance was provided. Bowman suffered a stroke subsequently and when he attempted to file a claim for disability coverage he was notified he did not purchase disability insurance. Bowman filed suit seeking damages in the amount of the balance owing on the vehicles. The case went to trial and at the close of Bowman's proof, the dealership moved for a directed verdict on all issues, which the trial court granted. On appeal, Bowman contends the trial court erred by granting a directed verdict and by failing to grant a voluntary non-suit as to the issue of negligent misrepresentation. Finding there is no material evidence to support a verdict for Bowman, we affirm the grant of directed verdict. We also find that Bowman did not comply with Tenn. R. Civ. P. 41.01(1) by providing an unequivocal notice of dismissal in open court and, thus, affirm on this issue as well.

Christina M. McWhorter v. James C. McWhorter
M2005-00359-COA-R3-CV-
Authoring Judge: Judge William B. Cain
Trial Court Judge: Judge Lawrence M. McMillan, Jr.

Defendant in this divorce case appeals asserting that the trial court erred in failing to treat his admittedly untimely Motion for a New Trial and to Alter and Amend the Divorce Decree as a Tennessee Rule of Civil Procedure 60 Motion. We affirm the action of the trial court.