Opinions

Estate of Wolfe vs. Matthews
03A01-9808-PB-00249

Horton vs. Mountain Life
03A01-9809-CV-00287

State vs. Kobel
03A01-9807-JV-00218

Terry vs. Shady Cove Homeowners Assoc.
03A01-9810-CV-00358

Davis vs. Alexis
03A01-9811-CV-00373

Ruth vs. Cove Creek
03A01-9805-CH-00167

Bellaire vs. Hurley
03A01-9806-PB-00192

Bunch vs. Bunch
03A01-9805-GS-00156

Keener vs. Knox Co.
03A01-9806-CV-00193

Mack vs. State
03A01-9806-CV-00215

Cammuse vs. Davidson Co. District Atty
01A01-9709-CH-00503
Trial Court Judge: Ellen Hobbs Lyle

Miller vs. Board of Paroles
01A01-9804-CH-00177
Trial Court Judge: Ellen Hobbs Lyle

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

Thomas v. Testerman
03S01-9807-CH-00080
Authoring Judge: John K. Byers, Senior Judge
Trial Court Judge: Hon. Frederick D. Mcdonald,
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.

Brogdon v. Chattanooga General Ser.
03S01-9803-CV-00021
Authoring Judge: John K. Byers, Senior Judge
Trial Court Judge: Hon. Robert M. Summitt,
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. Review of the findings of fact made by the trial court is de novo upon the record of the trial court, accompanied by a presumption of the correctness of the findings, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. _ 5-6-225(e)(2); Stone v. City of McMinnville, 896 S.W.2d 548, 55 (Tenn. 1995). The application of this standard requires this Court to weigh in more depth the factual findings and conclusions of the trial court in a workers' compensation case. See Corcoran v. Foster Auto GMC, Inc., 746 S.W.2d 452, 456 (Tenn. 1988). The defendant appeals from an order of the trial judge entered on the 26th day of January 1998 which set aside a portion of a final judgment in an approved settlement of a compensation claim made by the plaintiff against the defendant. The approved settlement and judgment thereon was entered on October 11, 1996, and among the provisions therein was the approval of medical care for a period of one year. The care was to be provided by Dr. Lester F. Littell, an orthopedic surgeon. In addition, a fund of $2,1.4 was established for future medical care. On October 6, 1997, the plaintiff filed a motion to set aside or modify the judgment, asking that he be allowed to be seen by another or other doctors to determine if he should have back surgery. No evidence was introduced in the hearing on the motion, although there were medical records from Dr. Littell and Dr. George Seiters, also an orthopedic surgeon. Both of these physicians were of the opinion the plaintiff did not require surgery. In a sworn affidavit, the plaintiff alleged he was not allowed by the defendant to obtain a second opinion on whether he needed surgery. This statement was false. The insurance carrier as well approved an examination by Dr. Seiters, and Dr. Littell's notes reflect he referred the plaintiff to Dr. Seiters. We are somewhat hampered in this case by the fact that counsel for the plaintiff withdrew as counsel in accordance with the rule allowing withdrawal. The 2

State vs. Lauren E. Leslie & Janie Whitehead
03C01-9804-CR-00125
Trial Court Judge: R. Steven Bebb

State vs. Johnny Martin
03C01-9711-CR-00520
Trial Court Judge: R. Steven Bebb

State vs. Leland Ray Reeves
01C01-9711-CR-00515
Trial Court Judge: J. O. Bond

State vs. Leland Ray Reeves
01C01-9711-CR-00515
Trial Court Judge: J. O. Bond

State vs. Michael Allen Price
01C01-9803-CC-00126

State vs. Timothy Bradley
01C01-9804-CC-00165

State vs. Jasper Stewart
W2000-01752-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Joseph H. Walker, III
A Tipton County jury convicted the defendant of first degree felony murder, especially aggravated robbery, and theft under $500. The trial court sentenced the defendant to concurrent sentences of life with the possibility of parole for first degree felony murder, 20 years for especially aggravated robbery, and 11 months and 29 days for theft. In this appeal, the defendant contends: (1) the trial court erroneously admitted his tape-recorded telephone calls from the jail and items seized from his residence; (2) the state failed to turn over all tape recordings of his telephone conversations pursuant to his discovery request; (3) the trial court erroneously permitted a state witness to respond to an "open-ended" question in narrative form; and (4) the trial court erroneously neglected to instruct the jury concerning the definition of specific intent. We affirm the judgments of the trial court.

Mack Transou v. State of Tennessee (Cherry Lindamood)
W2005-01935-CCA-R3-HC
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Roy B. Morgan, Jr.

State vs. Vincent Burris
02C01-9703-CC-00087

State vs. Madkins
02S01-9805-CR-00046
Trial Court Judge: W. Fred Axley