Ricky Melvin vs State
01C01-9707-CR-00264

State vs. Jeremy Amis
01C01-9709-CC-00385

01C01-9710-CC-00505
01C01-9710-CC-00505
Trial Court Judge: Allen W. Wallace

Mark Higgins vs State
01C01-9711-CC-00513

James Hancock et ux vs. U-Haul Co. of TN
01A01-9801-CC-00001
Trial Court Judge: James E. Walton

State vs. Perez
03C01-9603-CC-00134
Trial Court Judge: D. Kelly Thomas, Jr.

03C01-9601-CC-00029
03C01-9601-CC-00029
Trial Court Judge: James Curtis Smith

Cannon vs. State
03C01-9801-CC-00012
Trial Court Judge: J. Curtis Smith

Martin R. Craddock vs. State of Tennessee
01C01-9704-CR-00161
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge J. Randall Wyatt, Jr.

The petitioner, Martin R. Craddock, appeals as of right from the Davidson County Criminal Court’s denial of habeas corpus relief. He is presently in the custody of the Department of Correction serving a Range I sentence of ten years for his conviction of aggravated sexual battery in 1995. He contends that he received ineffective assistance of counsel and that the judgment entered against him is void because the indictment for aggravated sexual battery fails to allege the mens rea for the offense. We affirm the dismissal of the petition.

State of Tennessee vs. Michael Brent Cook
01C01-9710-CR-00495
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge Jane W. Wheatcraft

The Defendant, Michael Brent Cook, appeals as of right from the revocation of his probation by the Sumner County Criminal Court. He contends that the trial court abused its discretion in revoking his proba tion. We affirm the judgment of the trial court.

Gardner v. Modine Mfg. Co.
03S01-9710-CV-00127
Authoring Judge: Roger E. Thayer, Special Judge
Trial Court Judge: Hon. James B. Scott, Jr., Circuit Judge

This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code3 Ann. § 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law.  The employer, Modine Manufacturing Company, Inc., has appealed from the action of the trial court in awarding the employee, Jamia B. Gardner, 80% permanent partial disability to each arm.  The trial court dismissed the case against the Second Injury Fund. On appeal the employer contends (1) there was no evidence of a permanent injury to the employee’s left arm, (2) the award of 80% to each arm was excessive and (3) the trial court was in error in dismissing the case against the Second Injury Fund.  The Second Injury Fund also contends the awards of disability are not supported by the evidence but insists the court was correct in holding it was not liable for payment of benefits.

Shin Yi (Sunny) Lien and wife Ann Lien, v. Ruth Couch, Individually and Big Ridge Emu Ranch, Inc. et al.
01A01-9609-CV-00398
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Judge Bobby H. Capers

This appeal involves an interstate contract dispute over ten pairs of emu chicks. Two Tennessee residents declined to honor their contract to purchase the chicks after the Arkansas breeders attempted to substitute chicks different from those advertised for sale. The breeders filed a breach of contract suit in Arkansas against the purchasers seeking to recover the unpaid purchase price, and the purchasers filed suit in the Circuit Court for Wilson County seeking to recover their down payment as well as treble damages and attorney’s fees under the Tennessee Consumer Protection Act. After the breeders obtained a judgment in Arkansas against the purchasers, they moved to dismiss the purchasers’ Tennessee lawsuit on the ground that the Arkansas judgment was res judicata to the purchasers’ Tennessee claims. The trial court agreed and dismissed the purchasers’ claims. On this appeal, the purchasers assert that the Arkansas judgment should not have precluded them from pursuing their Tennessee Consumer Protection Act claims in Tennessee. We agree because the Arkansas court did not have the power to award the full measure of relief the purchasers are seeking in the Tennessee proceedings.
 

State of Tennessee vs. Sheryl Pendergrass
01C01-9708-CR-00359
Authoring Judge: Presiding Judge Gary R. Wade
Trial Court Judge: Judge Jane W. Wheatcraft

The defendant, Sheryl L. Pendergrass, appeals a certified question of law pursuant to Rule 37(b)(2)(I), Tennessee Rules of Criminal Procedure. In the Sumner County Criminal Court, the defendant pleaded guilty to three drug offenses, subject to reservation of the certified question. In her certified question, the defendant contends that law enforcement officers infringed on her rights to be free of unreasonable searches and seizures pursuant to the Fourth Amendment of the United States Constitution and article 1, section 7 of the Tennessee Constitution. We affirm the judgment of the trial court.

State of Tennessee vs. Michael T. Keen
01C01-9710-CR-00454
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge Jane W. Wheatcraft

Michael T. Keen, the Defendant, appeals as of right following his sentencing hearing in the Sum ner County Criminal Court. Defendant was indicted for vehicular homicide and DUI, second offense. In an agreement with the State, Defendant pled guilty to vehicular homicide, a Class B felony, and agreed to an eight (8) year sentence, with the trial court to determine the manner of service of the sente nce. Following his sentencing hearing, the trial court orde red Defendant to serve eight (8) years in the Tennessee Department of Correction. In his appeal, Defendant argues that the trial court erred in refusing to grant an alterna tive sentence. We affirm the judgment of the trial court.

O. Robert E. Mayers v. Miller Medical Group, An Affiliate of Baptist Healthcare Group; Russell D. Ward, M.D. and Michel Kuzur, M.D.
01A01-9802-CV-00101
Authoring Judge: Judge William B. Cain
Trial Court Judge: Judge Marietta M. Shipley

Plaintiff, Robert E. Mayers, acting pro se in this medical malpractice action, appeals the decision of the Circuit Court of Davidson County denying his application for relief under Tennessee Rules of Civil Procedure 60.02 from a final summary judgment rendered in favor of the defendants.

James Rowland Moore v. Karen Owen Moore
01A01-9708-CV-00444
Authoring Judge: Presiding Judge Ben H. Cantrell
Trial Court Judge: Judge Muriel Robinson

After a 1996 divorce by the Circuit Court of Davidson County the husband filed an independent damages action in the chancery court, alleging that the wife fraudulently induced him to enter into the divorce settlement. The wife filed a Rule 60.02 motion in the divorce court seeking a declaration that she was not guilty of fraud. The divorce court ruled that the chancery court was bound by the circuit court’s judgment and that the husband must pay $2500 in attorney’s fees to the wife for services in the Rule 60.02 motion. We reverse.

Permanent General Assurance Corporation, v. Gilbert Waters, et al.
01A01-9712-CV-00720
Authoring Judge: Presiding Judge Ben H. Cantrell
Trial Court Judge: Judge Hamilton V. Gayden, Jr.

This case involves an exclusion in an automobile liability policy for a person operating the automobile without a reasonable belief that that person is entitled to do so. The Circuit Court of Davidson County dismissed the insurance company’s action for a declaratory judgment. We reverse, and declare that the exclusion precluded coverage by the company.

Walden v. New Life Ministries
03S01-9709-CH-00115
Authoring Judge: Roger E. Thayer, Special Judge
Trial Court Judge: Hon. Earl H. Henley,
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 employer, New Life Bible Church, Inc., has perfected this appeal from a ruling of the trial court in awarding the employee, William E. W alden, a judgment in the sum of $34,187.64 representing a recovery for unpaid medical expenses in the sum of $33,193.69 and for reimbursement of travel expenses in the sum of $993.95. The trial court found plaintiff's claim compensable and fixed an award of permanent partial disability at 5% to his right arm. In addition, the court allowed certain discretionary costs and fixed attorney's fees. On appeal there is no dispute concerning the 5% award, the allowance of discretionary costs or the award of attorney's fees. The sole issue relates to that portion of the judgment awarding plaintiff a monetary judgment for medical expenses incurred but remaining unpaid at the time of the trial. Defendant employer argues the judgment should have directed it to pay the various health care providers and it was error to allow the employee to recover same without having paid the medical expenses. In support of this contention, the employer cites and relies on the holdings of the Supreme Court in the case of Staggs v. National Health Corp., 924 S.W.2d 79 (Tenn. 1996); West Insurance Company v. Montgomery, 861 S.W.2d 23 (Tenn. 1993) and a Workers' Compensation Appeals Panel decision in the case of Moody v. Phelps Security, Inc., No. 2S1-959- CV- 8, filed August 3, 1996 at Jackson, and adopted and affirmed by the Supreme Court. On appeal plaintiff does not address the issue before the court in his brief but merely concedes awarding a monetary judgment for unpaid medical expenses was not proper and the brief alleges that the appeal of the case is frivolous as counsel agreed to modify the judgment conforming it to the relief sought by the appeal and that this occurred several months prior to the filing of the brief. Defendant has made no response to this allegation. 2

Patricia Jones v. Rosewood Manor, Inc.
01S01-9710-CH-00219
Authoring Judge: Per Curiam
Trial Court Judge: Hon. Jim T. Hamilton
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with

Crossett v. Babcock Inds., Faultless Caster Div. and The Ins.Co. of Pa.
01S01-9803-CV-00045
Authoring Judge: Per Curiam
Trial Court Judge: Hon. Thomas Goodall

Miller High v. Gf Office Furniture, Ltd.
01S01-9804-CH-00068
Authoring Judge: Per Curiam
Trial Court Judge: Hon. Thomas E. Gray

Jimmy Jones, Jr. vs. State of Tennessee
01C01-9804-CR-00162
Authoring Judge: Judge L. T. Lafferty
Trial Court Judge: Judge Jane W. Wheatcraft

The appellant, Jimmy Jones, Jr., appeals the dismissal of his pro se motion to reopen post-conviction petition or in the alternative a petition for habeas corpus relief by the Sumner County Criminal Court. In December, 1987, the appellant was convicted by a Sumner County jury on two counts of armed robbery and one count of burglary. The appellant received concurrent Range II sentences of forty-five years for the armed robbery convictions and fourteen years for the burglary conviction to run consecutively. On direct appeal, the appellant alleged trial errors as to (1) the sufficiency of the evidence to sustain the verdicts, (2) whether the trial court erred in limiting production of police reports, and (3) whether his effective sentence of fifty-nine years was excessive. In January, 1989, this court affirmed the judgment of the trial court in State v. Jimmy Jones, Jr., Sumner County No. 88-58-III (Tenn. Crim. App., Nashville, January 11, 1989) per. app. denied (Tenn. 1989).

Dennis T. Crouse v. Charlane Allen Crouse
02A01-9712-CV-00312
Authoring Judge: Presiding Judge W. Frank Crawford
Trial Court Judge: Judge Kay S. Robilio

This dispute concerns an award of alimony and attorney’s fees. Appellant, Dennis T. Crouse (Husband), appeals from the trial court’s order granting alimony in futuro and attorney’s fees to Appellee, Charlane Allen Crouse (Wife).

State of Tennessee v. Lorenzo Pfeifer
02A01-9811-CC-00307
Authoring Judge: Presiding Judge W. Frank Crawford
Trial Court Judge: Judge William B. Acree

This appeal involves a juvenile delinquency proceeding. Appellant, Lorenzo Carlos Pfeifer, appeals from the order of the Circuit Court in Obion County which found him a delinquent child because he was guilty of the offense of aggravated burglary and theft of property over $1,000.00. Appellant was committed to the Tennessee Department of Children’s Services for an indeterminate term. The only issue presented for review is whether the evidence is sufficient to prove beyond a reasonable doubt that Pfeifer committed the offense of aggravated burglary and theft of property over $1,000.00.

Chase Cavett Services, Inc., v. Brandon Apparel Group, Inc.
02A01-9803-CH-00055
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Chancellor Floyd Peete, Jr.

Plaintiff Chase Cavett Services, Inc. (Chase) appeals an order of the chancery court granting a motion to dismiss for lack of personal jurisdiction filed by Defendant Brandon Apparel Group, Inc. (Brandon). Because we find that the chancery court may exercise personal jurisdiction over Brandon, we reverse the ruling of the chancellor.