State vs. James Malcolm Davis
M2000-00089-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Stella L. Hargrove

State vs. David Barron
W1999-01134-CCA-R3-PC
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: C. Creed Mcginley

State vs. Sonny Yarbro
W1999-01469-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Carolyn Wade Blackett

State vs. Adams
W1997-00190-SC-R11-CD
Authoring Judge: Justice William M. Barker
Trial Court Judge: Chris B. Craft

State vs. Smith
W1998-00156-SC-R11-CD
Authoring Judge: Justice William M. Barker
Trial Court Judge: Julian P. Guinn

In this appeal, we address whether prior inconsistent statements can be used substantively to corroborate a confession when the prior statements are admitted into evidence without objection. We also consider whether the failure of the trial court to instruct the jury as to the limited use of the prior statements constitutes plain error. The Court of Criminal Appeals held that prior inconsistent statements could not be used as substantive evidence and that the failure of the trial court in this case to give a limiting instruction amounted to plain error. For the reasons stated herein, we hold that by not objecting to the admission of the statements, the appellee waived any objection to their use by the jury as substantive evidence to corroborate the appellee’s two confessions. Consequently, we hold that the evidence in this case is sufficient to support a finding of guilt beyond a reasonable doubt. Finally, because the decision to forgo any objection to the hearsay testimony was a deliberate, tactical decision by trial counsel, we are precluded from considering admission of the evidence under a plain error analysis. We reverse the judgment of the Court of Criminal Appeals and reinstate the appellee’s conviction and sentence for aggravated sexual battery.

State of Tennessee v. Sonny Yarbro
W1999-00770-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: C. Creed Mcginley

State vs. Lawrence White
W1999-00735-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: C. Creed Mcginley

State vs. Scotty Murphy
W1999-00728-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: C. Creed Mcginley

Graves vs. Cocke
E1999-01387-SC-R3-CV
Authoring Judge: Justice Frank F. Drowota, III
Trial Court Judge: Richard R. Vance

Morris Slutsky, et ux vs. City of Chattanooga, et al
E1999-00196-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: W. Neil Thomas, III

State vs. Mark Steven Marlowe
E1998-00873-CCA-R3-CD
Authoring Judge: Judge Gary R Wade
Trial Court Judge: W. Lee Asbury

State vs. John Farner
E1999-00491-CCA-R3-CD
Authoring Judge: Presiding Judge Joseph M. Tipton
Trial Court Judge: R. Jerry Beck

Raymond Hicks v. Wilbert Vault Company.
W1999-00182-WC-R3-CV
Authoring Judge: F. Lloyd Tatum, Senior Judge
Trial Court Judge: Joe C. Morris, Chancellor
This is an appeal by the employer, Wilbert Vault Company, from a judgment awarding worker's compensation benefits to the employee, Raymond Hicks, based upon a finding that the employee sustained 40 percent permanent partial disability to the body as a whole. On this appeal, the defendant/employer presents issues alleging that the trial court erred in finding that the plaintiff/employee sustained any permanent disability as a result of the work-related injury and that the award of 40 percent permanent partial disability to the body as whole was excessive and not supported by a preponderance of the evidence. Upon our de novo review, we find that the award should be based upon permanent partial disability of 30 percent to the body and modify the judgment accordingly.

Jones vs. H.G. Hill Realty Co.
M1999-00633-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Russell Heldman

Whiteaker vs. City of Cookeville
M1999-00732-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: John A. Turnbull

Newton, et al vs. Ceasar, et al
M2000-01117-COA-R10-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Jim T. Hamilton

Terry Howard vs. Jack Morgan, et al
M2000-00548-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: Jeffrey S. Bivins
In this case, a prisoner appeals from dismissal of his lawsuit on the basis that the allegation of poverty in his affidavit of indigency was false. Because the record includes a certified copy of the prisoner's trust account statement showing a balance from $1,100 to over $1,200, we affirm.

William Garrett v. Board of Paroles
M2000-00219-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Ellen Hobbs Lyle
This appeal involves a dispute between a prisoner and the Tennessee Board of Paroles regarding the Board's decision to schedule his next consideration for parole in September 2003. Believing that his current sentence will expire in May 2002, the prisoner filed a petition for common-law writ of certiorari in the Chancery Court for Davidson County asserting that the Board had acted illegally by deferring its next consideration of his parole until after the expiration of his sentence. He also asserted that the Board had misunderstood the evidence presented at his 1998 parole hearing and that the Board improperly denied him parole because of the seriousness of his offense. After the trial court dismissed his petition, Mr. Garrett appealed to this court. We have determined that the prisoner sued the wrong party with regard to the sentence expiration date claim and that his remaining claims do not entitle him to the relief available in a certiorari proceeding. Accordingly, we affirm the trial court's dismissal of the prisoner's petition.

Ceramic Tile Distributors vs. Western Express
M1999-02039-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Walter C. Kurtz

Barge vs. Sadler
M1999-01923-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Allen W. Wallace

Washington vs. The 822 Corporation, et al
M1999-01318-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Carol L. Soloman

Terry vs. Terry
M1999-01630-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: Russell Heldman

Tracy Allen Clough vs. State
E1999-02145-CCA-R3-PC
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Ray L. Jenkins

Of Law. Byrd v. Hall, 847 S.W.2D 208, 214 (Tenn. 1993). The Party Seeking Summary Judgment Has
E1999-00150-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: Richard R. Vance

James Arthur Smith v. Sentry Insurance Company
W1999-02148-WC-R3-CV
Authoring Judge: William Michael Maloan, Special Judge
Trial Court Judge: Dewey C. Whitenton, Chancellor
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. The defendant,Sentry Insurance Company (Sentry), insurer for the employer, Kolpack (Kolpack), appeals the judgment of the McNairy Chancery Court awarding the plaintiff, James Arthur Smith (Smith), forty percent (4%) permanent partial disabilityto the right arm and twenty percent (2%) permanent partial disability to the left arm. For the reasons stated in this opinion, we affirm the judgment of the trial court as modified to a single award of thirty percent (3%) permanent partial disability to both arms. Tenn. Code Ann. _ 5-6-225(e) (1999) Appeal as of Right; Judgment of the Chancery Court Affirmed as Modified MALOAN, SP. J., in which HOLDER, J., and WEATHERFORD, SR. J., joined. David J. Deming, Nashville, Tennessee, for the appellant, Sentry Insurance Company. Lloyd R. Tatum, Henderson, Tennessee, for the appellee, James Arthur Smith. MEMORANDUM OPINION At the time of this trial, Smith was sixty (6) years old. He left school after the fifth (5th) grade to work on the family farm, but he can read and write. Before he retired in January 1997, he worked for Kolpack foreleven (11) years. Smith built refrigerator motors; welded refrigerator bases; and assembled refrigerator bases with an air-driven screwdriver or "airdriver." Smith would hold the airdriver in his right hand and put pressure on it with his left hand. In August or September 1996, Smith began to have problems with the screws twisting off causing his right arm to strike the base of the refrigerator. On one occasion in October 1996, he hit his right arm so hard he thought it was broken. Smith began to have pain, numbness, and loss of grip strength in his right hand. After the October 1996 injury, Smith was pulled off the assembly job in which he used the airdriver. He was then assigned a job where he pulled tape off metal parts with his left hand because he was unable to use his right hand. After a few days, he could not do this job due to numbness, pain, night cramps, and loss of grip strength in his left hand. Smith was transferred to an inspection job and then to a painting job which he did with his left hand. He was only able to work twenty (2) hours a week until he retired in January 1997. Smith testified he did not have any problems with either hand before October 1996. Smith suffers from a pre-existing condition known as peripheral neuropathy, a disease of the peripheral nerves. Beginning in 1991, his feet were cold and numb, and he had problems walking. He smokes cigarettes and drinks six (6) or more beers every day. Smith was treated by Dr. Karl Edward Misulis, a neurologist, who first saw him on November 19, 1996, for back and leg pain. He gave a twenty (2) year history of back and leg pain. An earlier EMG byDr. Jim King disclosed mild carpal tunnel syndrome of the right arm. Dr. Misulis felt Smith had possible spinal stenosis and moderate neuropathy possibly related to his alcohol use. Dr. Misulis explained neuropathy as a degenerative nerve disease with many causes such as diabetes, thyroid problems, vitamin B-12 deficiencies, foliate deficiencies, syphilis, and cancer; but it is "usually not an occupational induced condition." Work activities would increase pain, but would be temporary. When asked if the carpal tunnel syndrome in Smith's right arm was work related, Dr. Misulis replied, "It certainly could be." Dr. Misulis felt the carpal tunnel syndrome was superimposed on the neuropathy which can also cause pain and numbness in his arms. Dr. John Neblett, a neurosurgeon, saw Smith on December 16, 1996, on referral from Dr. Jim King, for right hand pain. Smith gave a history of suffering contusions to the soft tissue of the right hand due to the forceful use of the airdriver. Dr. Neblett felt Smith's right hand problems were not permanent and clinically he did not appear to have carpal tunnel syndrome. He further expressed the opinion that Smith's work had no effect on his peripheral neuropathy. Dr. John Brophy, a neurosurgeon, saw Smith on February 18, 1997, for an evaluation of his peripheral neuropathy. Smith gave a history of right hand pain since October 1996 from using the airdriver and left hand pain since January 1997 from painting. Dr. Brophy's examination was consistent for peripheral neuropathy which, in his opinion, was neither caused by nor advanced by Smith's work. Dr. Robert Barnett, an orthopaedic surgeon, examined Smith for the purpose of an independent medical evaluation on August 11, 1997. Dr. Barnett took a history of pain and weakness in both hands. Dr. Barnett agreed the peripheral neuropathy was not work related, but felt Smith's work at Kolpack aggravated the neuropathy in both arms. Grip strength testing disclosed forty (4) pounds on grip on the left hand and ten (1) pounds on the right hand instead of the expected normal of one hundred (1) pounds from a man Smith's age. Dr. Barnett felt Smith's drinking, smoking, and other health problems could contribute to his neuropathy and assigned a ten percent (1%) permanent impairment to the right arm and a five percent (5%) permanent partial -2-