Carden v. Roane Co.
03S01-9712-CH-00151
Authoring Judge: William H. Inman, Senior Judge
Trial Court Judge: Hon. Frank V. Williams, III,
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 was injured in July 1993 while driving a truck during the course and within the scope of his job. The occurrence of the accident is not questioned; neither does the defendant question that the plaintiff suffered a back injury as a result of the accident. The plaintiff continued his employment with intermittent medical treatment for his back complaints. On September 1, 1995, at his residence, he stooped to pick up an object and suffered another onset of pain. The complaint was filed November 2, 1995, alleging the occurrence of the traffic accident (as a result of which periodic payments of compensation were made to the plaintiff through November 15, 1995), and subsequent physical impairment. The thrust of the defense is directed to the incident of September 3, 1995, when the plaintiff allegedly suffered the non-job-related accident at home, from which his present impairment is derived. The Chancellor found a 4 percent impairment, holding that the incident at his residence was not an intervening cause, but was merely a manifestation of problems which began in 1993. The issue is whether the evidence preponderates against the finding of the Chancellor.1 1The appellant states that the Chancellor found that "the injury sustained by the plaintiff while working at home in 1995 was causally related to a work-related injury the plaintiff had suffered two years previously." As observed, the Chancellor referred to the September 1995 event as a non-intervening incident which was merely a natural progression of the plaintiff's back problems. 2

Knox Workers Compensation Panel

State vs. Robert Crisp
02C01-9810-CC-00311
Trial Court Judge: Jon Kerry Blackwood

Hardeman Court of Criminal Appeals

State vs. Ronald McCray
02C01-9809-CC-00292

Fayette Court of Criminal Appeals

State vs. Brian Faulkens
02C01-9809-CR-00283
Trial Court Judge: Carolyn Wade Blackett

Shelby Court of Criminal Appeals

State vs. Chris Eugene Etters
03C01-9801-CC-00034
Trial Court Judge: Phyllis H. Miller

Sullivan Court of Criminal Appeals

State vs. Thomas Lewis
02C01-9707-CR-00254
Trial Court Judge: Joseph B. Dailey

Shelby Court of Criminal Appeals

State vs. Eddie Pittman
W2000-01582-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Roger A. Page
The defendant appeals his convictions for attempted second degree murder and felony possession of a weapon, arguing that he was denied his right to a unanimous jury verdict by the trial court's failure to require the prosecution to make an election of facts supporting the attempted murder. After a thorough review of the record, we conclude that neither an election nor enhanced unanimity instruction was required. Thus, we affirm the judgment of the trial court.

Madison Court of Criminal Appeals

Seymour Hayes, III. vs. State
03C01-9902-CR-00066

Hamilton Court of Criminal Appeals

Lee P. Fite, Individually and Derivatively on behalf of H & M Construction Co., Inc. v. Richard L. Fite, C. David Fite, Larry P. Becker, et al
02A01-9710-CH-00266
Authoring Judge: Judge Holly Kirby Lillard
Trial Court Judge: Chancellor Joe C. Morris

This case involves allegations of breach of fiduciary duty, fraud in the inducement of a contract, and violation of the Tennessee Securities Act. The plaintiff asserts that the defendants, his two brothers who are majority shareholders in the family corporation, the corporation, as an alter ego or veil of the majority shareholders, and an officer and director of the corporation, used fraudulent expense and contract-kickback schemes to lower the book value of the corporation’s stock when plaintiff executed an option to sell agreement. The trial court granted summary judgment to the defendants. We reverse and remand.

Madison Court of Appeals

Atty. Gen. vs. Elk View Land & Gravel
03A01-9808-CV-00247

Court of Appeals

Bethany Christian Services vs. Jackson
03A01-9810-JV-00345

Court of Appeals

Bobby Allen Joyner vs. State
03C01-9807-CR-00260
Trial Court Judge: Lynn W. Brown

Sullivan Court of Criminal Appeals

Jonathan Stephenson vs. State
03C01-9807-CR-00255
Trial Court Judge: Lynn W. Brown

Johnson Court of Criminal Appeals

State vs. Marsha Arnold
01C01-9809-CC-00382

Coffee Court of Criminal Appeals

01C01-9806-CR-00245
01C01-9806-CR-00245

Davidson Court of Criminal Appeals

State vs. Patrick Trawick
02C01-9802-CR-00054
Trial Court Judge: Chris B. Craft

Shelby Court of Criminal Appeals

Harold L. Fitts vs. State
01C01-9807-CR-00297

Davidson Court of Criminal Appeals

State vs. Juan Jerome Bryant
01C01-9805-CR-00217

Davidson Court of Criminal Appeals

State vs. James Wingard
02C01-9809-CC-00293
Trial Court Judge: R. Lee Moore Jr.

Lake Court of Criminal Appeals

State vs. Leonard Smith
03S01-9710-CC-00129
Trial Court Judge: Lynn W. Brown

Hamblen Supreme Court

X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX

Supreme Court

State vs. Joy Elizabeth Barron
03C01-9806-CR-00223

Roane Court of Criminal Appeals

03C01-9708-CR-00342
03C01-9708-CR-00342
Trial Court Judge: Gary D. Gerbitz

Hamilton Court of Criminal Appeals

Tim Denton vs. State
03C01-9712-CR-00536
Trial Court Judge: Norma Mcgee Ogle

Morgan Court of Criminal Appeals

State vs. Harry David Johnson
03C01-9712-CR-00526
Trial Court Judge: James Curwood Witt

Sullivan Court of Criminal Appeals