Bertha Paulete Brogden Morrow v. Dana Corporation, et al.
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel 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. In this appeal, the employee asserts that the trial court erred in finding that the employee suffered no permanent impairment and no vocational disability as the result of an injury sustained during the course of her employment with Dana Corporation. 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. |
Shelby | Workers Compensation Panel | |
State of Tennessee v. Mitchell Presnell - Concurring
With respect to the defendant’s issue (2), whether the trial court erred in not charging lesser offenses, I join in the result, but for reasons other than those reached by the majority. |
Cocke | Court of Criminal Appeals | |
State of Tennessee v. Mitchell Presnell - Concurring
I join Judge Hayes in concurring in the result regarding the trial court’s failure to instruct on lesser included offenses. I believe that an analysis of various jury instructional errors suggests that the legislature was empowered to enact the 2001 amendment (effective 2002) to Tennessee Code Annotated section 40-18-110. |
Cocke | Court of Criminal Appeals | |
State of Tennessee v. Mitchell Presnell
A Cocke County jury found the defendant, Mitchell Presnell, guilty of aggravated robbery. The trial court sentenced the defendant to twenty (20) years as a Range II multiple offender. In this appeal the defendant claims that: (1) the evidence was insufficient to support his conviction; (2) the trial |
Cocke | Court of Criminal Appeals | |
State of Tennessee v. Timothy Lloyd
This is a direct appeal from a conviction on a jury verdict of driving under the influence of an intoxicant (DUI), third offense, a Class A misdemeanor. The trial court sentenced the Defendant, Timothy Lloyd, to eleven months and twenty-nine days, with 120 days to be served in the county jail. The Defendant now appeals, contending that the evidence submitted at trial was insufficient to support his DUI conviction. We affirm the judgment of the trial court. |
Putnam | Court of Criminal Appeals | |
City of New Johnsonville v. Kevin E. Handley, et al. & Gene Plant, et al., v. Kevin E. Handley, et al.
This appeal involves protracted litigation over a parcel of land conveyed by the City of New Johnsonville, Tennessee, to a member of the New Johnsonville City Council. The mayor, on behalf of the city, subsequently filed suit against the councilman seeking to nullify the transaction. During the pendency of that litigation, several taxpayers filed their own suit against the councilman alleging the same causes of action set forth in the city’s complaint. The city and the councilman ultimately settled their lawsuit. The taxpayers’ lawsuit continued, ultimately naming the city as a defendant. The trial court partially granted the defendants’ motions for summary judgment by ruling that the taxpayers did not have standing to contest the land transaction between the city and the councilman. The court ruled that the taxpayers did have standing to continue with their other causes of action concerning allegations that the councilman engaged in illegal business transactions with the city. The taxpayers subsequently took a voluntary nonsuit on their remaining claims and filed an appeal to this Court to contest the trial court’s grant of summary judgment on their claim regarding the land transaction. We vacate the trial court’s decision regarding the land transaction, and we remand for further proceedings not inconsistent with this opinion. |
Humphreys | Court of Appeals | |
City of New Johnsonville v. Kevin E. Handley, et al. & Gene Plant, et al., v. Kevin E. Handley, et al. - Concurring
I agree with the careful reasoning in the majority opinion, with clarification on the remedy ultimately available. Here, ouster of the public official alleged to have engaged in self-dealing, Handley, is likely a moot issue, since the record apparently indicates that his term of office as Councilman ended the day before the settlement with the City. The settlement, however, left the Handleys with a handsome profit from the land transaction at issue, profit that the Taxpayers apparently allege should be disgorged as the product of the wrongdoing. |
Humphreys | Court of Appeals | |
Emily Patricia Russell Ray vs. James Franklin Ray, Sr.
In this divorce case, husband argues that the trial court erred in awarding wife rehabilitative alimony and attorney's fees and contends that a post-judgment change in circumstances warrants termination of alimony. Because husband failed to submit a transcript or statement of evidence, failed to support his argument with citations of authority and appropriate references to the record, and failed to raise the issue of post- judgment change of circumstances prior to appeal, we affirm the judgment of the trial court and remand. |
Greene | Court of Appeals | |
Debra J. Johnson, Phillip Johnson and Blue Cross Blue Shield of Tennessee v. Dupree Oil Company, Inc.
Plaintiff was injured in a fall and the jury returned a verdict for damages against defendant which was approved by the Trial Court. On appeal, we affirm. |
Hamilton | Court of Appeals | |
State of Tennessee v. Harold Holloway, Jr.
The Appellant, Harold Holloway, Jr., was convicted by a Hamilton County jury of second degree murder, attempted theft over $10,000, attempted aggravated robbery, and attempted carjacking. After a sentencing hearing, Holloway was sentenced to an effective forty-year sentence in the Department of Correction. On appeal, Holloway raises seven issues for our review: (1) whether the trial court erred in refusing to hear an ex parte motion for the appointment of a forensic psychiatrist and a neuropsychological examiner; (2) whether the convictions for attempted aggravated robbery and attempted theft over $10,000 violate double jeopardy principles; (3) whether the evidence is sufficient to support the conviction for attempted carjacking; (4) whether the court erred in failing to instruct the jury on any lesser included offenses of carjacking; (5) whether the court erred in allowing the State to question a defense expert in addiction medicine regarding prior bad acts committed by Holloway which were enumerated in reports relied upon by the expert; (6) whether the State improperly impeached a defense witness by questioning the witness regarding prior convictions which were not admissible under Tenn. R. Evid. 609; and (7) whether the trial court properly sentenced Holloway. After review of the record, we conclude that the convictions for attempted aggravated robbery and attempted theft over $10,000 violate principles of double jeopardy. The Appellant's remaining issues are without merit. Accordingly, the judgments of conviction and resulting sentences for second degree murder, attempted aggravated robbery, and attempted carjacking are affirmed. The judgment of conviction for attempted theft over $10,000 is merged with the Appellant's conviction for attempted aggravated robbery, and the sentence for attempted theft is vacated. |
Hamilton | Court of Criminal Appeals | |
Cathy L. Chapman, et al. v. Rick J. Bearfield
Cathy L. Chapman, Brandon Chapman, Kaylan L. Chapman, and Dana L. Chapman (“Plaintiffs”) retained attorney Rick J. Bearfield ("Defendant") to represent them in a medical malpractice action. During the course of this representation, Defendant filed an amended complaint repudiating a theory of the case originally alleged. Plaintiffs later hired new counsel and filed a legal malpractice action against Defendant. Defendant filed a motion for summary judgment, which the Trial Court granted on the grounds that Plaintiffs' expert's affidavit was deficient technically and did not comply with the locality rule. We vacate the grant of summary judgment. |
Washington | Court of Appeals | |
State of Tennessee v. Dana Lynn Armstrong
Following a revocation hearing, the trial court revoked the probation of Defendant, Dana Lynn Armstrong, 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. |
Sullivan | Court of Criminal Appeals | |
Anthony Lamont Singleton v. State of Tennessee
Petitioner, Anthony Lamont Singleton, appeals from the post-conviction court's denial of his petition for post-conviction relief. In his appeal, Petitioner argues that his Alford pleas in case No. S45,328 and case No. S47, 632 were involuntarily entered into, that his trial counsel provided ineffective assistance in connection with the negotiation and entry of his Alford pleas, and that the trial court improperly appointed trial counsel to represent him in case No. 47,632. After a review of the record, we affirm the judgment of the post-conviction court. |
Sullivan | Court of Criminal Appeals | |
Patrick Deshun Paris v. State of Tennessee
Petitioner, Patrick Deshun Paris, filed a petition for post-conviction relief, which was subsequently amended. Following an evidentiary hearing, the petition for post-conviction relief was dismissed. On appeal, Petitioner argues that the post-conviction court erred in not stating its findings of fact and conclusions of law in its order denying Petitioner post-conviction relief. Petitioner also alleges that he received ineffective assistance of counsel at trial and on appeal because his counsel (1) failed to request the removal of juror, Daisy Foster; (2) questioned Marco Brooks about his family's criminal history to the detriment of Petitioner's case; (3) failed to adequately investigate Petitioner's case and prepare for trial; and (4) failed to object to the prosecutor's leading questions during Mr. Brooks' direct examination. After a thorough review of the record, we affirm the judgment of the post-conviction court. |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v. Roger Knoblock
Defendant, Roger Knoblock, was convicted, following a jury trial, of aggravated sexual battery. On appeal, he argues that the trial court erred by allowing evidence of a prior conviction for aggravated sexual battery to be introduced during Defendant's testimony on cross-examination. After a thorough review of the record, we affirm the judgment of the trial court. |
Knox | Court of Criminal Appeals | |
Nancy Faye Lester McDaniel vs. Harold Edward McDaniel
The Trial Court held appellant's retirement was not a material change of circumstances so as to enable appellant to reduce his alimony payments. On appeal, we reverse. |
Washington | Court of Appeals | |
State of Tennessee v. David Gene Hooper
A Hamilton County Criminal Court Jury convicted the defendant, David Gene Hooper, of rape, a Class B felony, and incest, a Class C felony, and the trial court sentenced him to concurrent terms of eight years for the rape and three years for the incest to be served on community corrections after serving eleven months and twenty-nine days in the county workhouse. The defendant appeals, claiming the trial court erred (1) in failing to grant a mistrial based upon the state's failure to disclose exculpatory evidence until the middle of trial and in prohibiting him from cross-examining the victim concerning the exculpatory evidence; (2) in repeatedly admitting testimony which bolstered the victim's complaint through multiple witnesses; (3) in allowing testimony from various witnesses concerning the fact that victims of sexual abuse frequently delay reporting an attack; (4) in allowing the state to cross-examine the defendant concerning his possession of marijuana on the day he was arrested, approximately two years after the crime; and (5) in failing to instruct the jury on the lesser included offenses of attempted rape, attempted sexual battery, and assault pursuant to State v. Burns, 6 S.W.3d 453 (Tenn. 1999). We conclude that although the trial court should have allowed the defendant to cross-examine the victim concerning the evidence the state failed to disclose until trial, the error was harmless. We affirm the trial court. |
Hamilton | Court of Criminal Appeals | |
Michael W. Smith v. State of Tennessee
The Appellant, Michael W. Smith, proceeding pro se, appeals the Shelby County Criminal Court’s summary dismissal of his petition for writ of habeas corpus. Smith was convicted of rape in Shelby County and received an eight-year Department of Correction sentence, to be served consecutively to a three-year Department of Correction sentence in a separate case. On appeal, Smith argues that the trial court erred in dismissing the petition because his eight-year sentence has expired. After review, we affirm the trial court’s dismissal of the petition on grounds that Smith has failed to establish that his sentence has expired. |
Shelby | Court of Criminal Appeals | |
Damion Carrick v. Tony Parker, Warden
The petitioner, Damion Carrick, appeals the trial court’s order summarily dismissing his petition for habeas corpus relief. In that petition, the petitioner sought a writ of habeas corpus to release him from his sentences for two (2) counts of especially aggravated robbery based on the United States Supreme Court decision in Blakely v. Washington, 542 U.S. ___, 124 S. Ct. 2531 (2004). We are persuaded that the trial court was correct in summarily dismissing the habeas corpus petition and that |
Lake | Court of Criminal Appeals | |
Richard Mason v. Atlantic Soft Drink Company, Inc., et al.
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel 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. In this appeal, the employee asserts that the trial court erred in its finding that the employee suffered 55% permanent partial disability to the whole person as the result of a back injury and only an 85% permanent partial disability to the right lower extremity as the result of a knee injury, both injuries occurring in the course of appellant's employment with the Atlantic Soft Drink Company, Inc., a/k/a Pepsi Cola Company. We conclude that the evidence presented supports the findings of the trial judge and, in accordance with Tennessee Code Annotated section 50-6-225(e)(2), affirm the judgment of the trial court. |
Putnam | Workers Compensation Panel | |
Gloria Jean Smith v. V.F. Imagewear (West), Inc.
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel 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. In this appeal, the employee asserts that the trial court erred in finding that she failed to prove by a preponderance of the evidence that she sustained a work-related injury during the course of her employment with V.F. ImageWear (West), Inc., that would entitle her to benefits under the workers' compensation laws. We conclude that the evidence presented supports the findings of the trial judge and, in accordance with Tennessee Code Annotated section 50-6-225(e)(2), affirm the judgment of the trial court. |
Smith | Workers Compensation Panel | |
Donald Cohea v. Jerry Thaxton d/b/a JD Construction
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel 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. In this appeal, the employer asserts that the trial court erred in its finding that the employee had sustained an 85% permanent partial disability to the whole body and in awarding 237.1 weeks of temporary total disability for an inguinal hernia sustained in the course of his employment with JD Construction. Because the employee had not reached maximum medical improvement and had not received surgical treatment as required by Tennessee Code Annotated section 50-6-212, we find the award of permanent partial disability to be premature and reverse. The trial court’s award of temporary total disability benefits is modified to award temporary partial disability benefits, and the cause is remanded to the trial court for further proceedings. |
Robertson | Workers Compensation Panel | |
Janice DeLong v. The Vanderbilt University
This appeal involves the collateral consequences of the dismissal of a wrongful death claim for failure to prosecute. The mother of a student who fell to his death from a dormitory window filed suit in both state and federal court against the university her son was attending. After the state proceedings lay dormant for over one year, the Circuit Court for Davidson County dismissed the complaint for failure to prosecute. Thereafter, the university moved to dismiss the federal suit on the ground that the dismissal of the state suit was res judicata with regard to the federal claim. The mother filed a Tenn. R. Civ. P. 60 motion in state court requesting modification of the dismissal order to reflect that it was not an adjudication on the merits. The state court denied the mother's request for Tenn. R. Civ. P. 60 relief and also denied her request for permission to file a Tenn. R. App. P. 9 appeal. The mother has appealed both decisions. We have determined that the trial court erred by denying the mother's Tenn. R. Civ. P. 60 motion. |
Davidson | Court of Appeals | |
Gary Randall Yarnell v. State of Tennessee
Gary Randall Yarnell, the petitioner, appeals the Blount County Circuit Court's denial of his petition for post-conviction relief. The lower court found his allegations of ineffective assistance of counsel and unknowing and involuntary guilty pleas unsupported by the evidence and denied relief. Because we are unpersuaded of error, we affirm. |
Blount | Court of Criminal Appeals | |
Bonzie Lavender v. State of Tennessee
The petitioner, Bonzie Lavender, 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. |
Hamilton | Court of Criminal Appeals |