State vs. Howard Lanier
W1999-01146-CCA-R3-CD
Authoring Judge: Judge Gary R Wade
Trial Court Judge: J. Steven Stafford

Dyer Court of Criminal Appeals

State vs. Tony Mabry
W1999-01438-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Joseph B. Dailey

Shelby Court of Criminal Appeals

State vs. John Melson
W1999-00523-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: C. Creed Mcginley

Hardin Court of Criminal Appeals

State vs. Larry Currie, etc.
W1999-01532-CCA-R3-CD
Authoring Judge: Sr. Judge L. Terry Lafferty
Trial Court Judge: Julian P. Guinn

Henry Court of Criminal Appeals

State vs. James Echols
W1999-02394-CCA-R3-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: John Franklin Murchison

Madison Court of Criminal Appeals

State vs. James Conrad
W1999-00650-CCA-R3-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Joseph B. Dailey

Shelby Court of Criminal Appeals

State v. James Conrad, No. W1999-00650-Cca-R3-Cd, 2000 Wl 33288751, At *1 (Tenn. Crim.
W2002-01678-CCA-R3-PC
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: James C. Beasley, Jr.

Shelby Court of Criminal Appeals

Michael Todd Drinnon v. State of Tennessee
E1999-2001-CCA-R3-PC
Trial Court Judge: James Edward Beckner

Hamblen Court of Criminal Appeals

State s. Nathaniel Allen
E1999-02209-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: James Edward Beckner
The appellant, Nathaniel Allen, was convicted by a jury in the Hamblen County Circuit Court of one count of delivery of more than .5 grams of cocaine, a class B felony. The trial court sentenced the appellant to twelve years incarceration in the Tennessee Department of Correction, as a Range I offender, with thirty percent release eligibility and assessed a fine of $ 7,500. The appellant presents the following issues for our review: (1) whether the evidence in this case is sufficient to sustain a verdict of guilt beyond a reasonable doubt; (2) whether the testimony, under oath, of Tonya Acuff was so contradictory as to have been subject to cancellation; (3) whether the court's decision to send items to the jury room in this case was improper to the extent that it included typed transcripts of tapes not offered as evidence; (4) whether it was improper for the court to align one of the tapes introduced into evidence by the State in this case to a particular phrase so that the jury heard that phrase immediately upon turning on the tape recorder; (5) whether sentencing in this case was excessive and whether the court properly applied statutory guidelines in delivering a sentence in this case; (6) whether if, in fact, the trial court had no alternative but to give a twelve-year sentence in this case according to the Tennessee sentencing guidelines, then are those guidelines constitutional both in terms of the United States and Tennessee constitutions. Upon review of the record and the parties' briefs, we affirm the appellant's convictions, but modify his sentence to ten years.

Hamblen Court of Criminal Appeals

David Bailey vs. State
E1999-01320-CCA-R3-PC
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Rex Henry Ogle

Sevier Court of Criminal Appeals

State of Tennessee v. William T. Emerson
E1999-02314-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Phyllis H. Miller

Sullivan Court of Criminal Appeals

State vs. Anthony Lee Richardson
E2000-00699-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Carroll L. Ross
The appellant appeals the order of the Polk County Criminal Court dismissing the appellant's appeal from the judgment of the Polk County General Sessions Court finding the appellant guilty of telephone harassment. Following a review of the limited record before this court and the parties' briefs, we affirm the judgment of the trial court.

Polk Court of Criminal Appeals

Kenneth M. Seaton D/B/A Kms Enterprises v. Tennessee
E1998-00880-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Bobby H. Capers

Sevier Court of Appeals

Ronald Geddings v. Imperial Guard & Detectives
W1999-00199-WC-R3-CV
Authoring Judge: William Michael Maloan, Special Judge
Trial Court Judge: D. J. Alissandratos, 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 defendants, Imperial Guard & Detective Services and the Travelers Insurance Company (Imperial), appeal the judgment of the Shelby Chancery Court awarding the plaintiff, Ronald Geddings (Geddings), sixty-five percent (65%) permanent partial disability to the body as a whole as a result of a mental injury and commuting the award to a lump sum in trust to be administered byGeddings' wife. Imperial does not appeal the trial court's award of sixteen percent (16%) permanent partial disability for a low back injury. For the reasons stated in this opinion, we affirm the award of sixteen percent (16%) permanent partial disability to the body as a whole for the injury to the low back; reverse the award of sixty-five percent (65%) permanent partial disability to the body as a whole for the mental injury; and reverse the award of benefits commuted to a lump sum. Tenn. Code Ann. _ 5-6-225(e) (1999) Appeal as of Right; Judgment of the Chancery Court Affirmed in Part; Reversed in Part MALOAN, SP. J., in which HOLDER, J., and WEATHERFORD, SR. J., joined. Gayle B. Lakey, Memphis, Tennessee, for the appellants, Imperial Guard & Detective Services and The Travelers Company. Stephen R. Leffler, Memphis, Tennessee for the appellee, Ronald Geddings. MEMORANDUM OPINION Geddings was age forty-one (41) at the time of this trial. He graduated from high school and attended some college. Geddings first worked for Imperial as a security officer, advanced to general manager, and then to vice president of operations. On December 9, 1996, Geddings and other Imperial employees attended a sexual harassment seminar. After the seminar, Geddings was hit by an automobile while crossing Poplar Avenue in Memphis, Tennessee. Geddings testified the vehicle struck his buttocks and he fell on the street on his stomach. His only visible injuries were cuts and bruises to his arms, hands, buttocks, and ankle. Geddings was able to assist fellow injured workers, then crossed the street, and either sat down on the curb or collapsed unconscious. Dr. John Brophy, a neurosurgeon, treated Geddings for an injury to his lower back. On February 17, 1997, Dr. Brophy performed a decompression laminectomy at L4-5 and released Geddings to light duty in March 1997 and full duty without restrictions on May 12, 1997. Dr. Brophy assigned an eight percent (8%) permanent impairment to the body as a whole for his low back injury. When Geddings returned to his former job at Imperial he began to have forgetfulness and memory loss. He was assigned to the night shift, where he continued to work for one (1) year until he resigned in March 1998. He then worked for a smaller security company, Guardco, performing similar duties, but was terminated eight (8) or nine (9) months later for lack of organization. William Jenkins, Ed.D., a vocational rehabilitation expert, evaluated Geddings for vocational disability. As a result of numerous tests and a review of a neuropsychological evaluation by Nan Hawks, Ph.D.,1 dated January 19, 1998, Dr. Jenkins testified Geddings had a sixty percent (6%) to sixty-five percent (65%) vocational disability for his psychological problems. At trial, Geddings' attorney requested the trial court to make separate awards for the low back injury and the mental injury. Over Imperial's objection, the trial court awarded sixteen percent(16%) permanent partial disability to the body as a whole for the back injury and an additional sixty-five percent (65%) permanent partial disabilityto the body as a whole for the mental injury. Further, the trial court granted Geddings' motion to commute the award to a lump sum in trust to be administered by Geddings' wife. ANALYSIS The scope of review of issues of fact is de novo upon the record of the trial court, accompanied by a presumption of correctness of the findings, unless the preponderance of evidence is otherwise. Tennessee Code Annotated _5-6-225(e)(2). Lollar v Wal-Mart Stores, Inc., 767 S.W.2d 143 (Tenn. 1989). When a trial court has seen and heard witnesses, especially where issues of credibility and weight of oral testimony are involved, considerable deference must be accorded the trial court's factual findings. Humphrey v David Witherspoon, Inc., 734 S.W.2d 315 (Tenn. 1987). However, where the issues involve expert medical testimony which is contained in the record by deposition, as it is in this case, then all impressions of weight and credibility must be drawn from 1Apparently, Dr. Hawks' deposition was filed with the trial court, but was never entered into evidence during the trial and is not in the record on appeal. -2-

Shelby Workers Compensation Panel

Eslick vs. Campbell
M1998-00944-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Ellen Hobbs Lyle

Davidson Court of Appeals

Equifax vs. Johnson
M1999-00782-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Carol L. Mccoy

Davidson Court of Appeals

Cathy Lee Barnes Williams v. Rodney Lee Williams.
M1999-00221-COA-R3-CV-
Trial Court Judge: Marietta M. Shipley

Davidson Court of Appeals

Abernathy vs. Abernathy
M1999-00891-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Clara W. Byrd

Wilson Court of Appeals

State vs. Pruitt
M2000-00416-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: Wayne C. Shelton

Montgomery Court of Appeals

Anderton vs. Amari
M1999-01145-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Muriel Robinson

Davidson Court of Appeals

Murray vs. Murray
M1999-02081-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Russell Heldman

Williamson Court of Appeals

State vs. Charles Bryan
W1999-00620-CCA-R3-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: W. Otis Higgs, Jr.

Shelby Court of Criminal Appeals

State vs. William Johnson
W1999-00929-CCA-R3-CD
Trial Court Judge: Chris B. Craft

Shelby Court of Criminal Appeals

State vs. Robert Gamble
W1999-01016-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: James C. Beasley, Jr.

Shelby Court of Criminal Appeals

State of Tennessee v. Maurice Pruitt
W2002-01905-CCA-R3-CD
Authoring Judge: Presiding Judge Joseph M. Tipton
Trial Court Judge: Donald H. Allen

Gibson Court of Criminal Appeals