State vs. Rodney Ford
M1999-01078-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Steve R. Dozier
Davidson
Court of Criminal Appeals
Jeff Utley v. Department of Corrections
M1999-01412-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Carol L. Mccoy
This appeal involves a dispute between a prisoner and the Department of Correction regarding his punishment for two unrelated disciplinary offenses. On both occasions, the Department extended the prisoner's release eligibility date in accordance with versions of Tenn. Dep't Corr. Policy Index No. 502.02 issued after he committed the crimes for which he was incarcerated. The prisoner filed a complaint in the Chancery Court for Davidson County asserting that the Department's application of the later version of the policy to him violated the Ex Post Facto Clause of the United States Constitution. The trial court granted the Department's Tenn. R. Civ. P. 12.02(6) motion, and the prisoner has appealed. We have determined that the prisoner's complaint fails to state a colorable ex post facto claim under either the federal or state constitution. Accordingly, we affirm the dismissal of the prisoner's complaint.
Davidson
Court of Appeals
Ronald McKinney vs. State, et al
M1999-02428-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: Carol L. Mccoy
An inmate of the Tennessee Department of Correction sought a declaratory judgment that the Department had incorrectly calculated his sentence. The trial court dismissed the petition, finding no improper calculation. We affirm.
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. 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 finding, 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 courts in workers' compensation cases. See Corcoran v. Foster Auto GMC, Inc., 746 S.W.2d 452, 456 (Tenn. 1988).
McMinn
Workers Compensation Panel
William Allen Jones v. Travelers Casualty& Surety
E1999-01548-WC-R3-CV
Authoring Judge: Thayer, Sp. J.
Trial Court Judge: W. Frank Brown III, Chancellor
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 appellant-employee appealed the trial court's ruling that his injury was of a temporary nature and that appellee was only liable for medical expenses to the date of the trial. Appellant argues the only expert medical evidence established his injury was of a permanent nature. Judgment of the trial court is reversed to fix permanent disability at 2% to the body as a whole and case is remanded to enforce other alternative findings.
Knox
Workers Compensation Panel
Rickey Moorman v. Dept of Correction
M1999-02675-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 Department of Correction regarding the calculation of his sentence credits and his release eligibility date. After unsuccessfully petitioning for a declaratory order, the prisoner filed a petition in the Chancery Court for Davidson County seeking a declaratory judgment regarding his entitlement to sentence credits as well as a determination that he was entitled to immediate release. The trial court granted the Department's Tenn. R. Civ. P. 12.02(6) motion to dismiss, and the prisoner has appealed. We affirm the trial court's conclusion that the prisoner's petition fails to state a claim upon which relief can be granted.
Davidson
Court of Appeals
Deborah Ann hansen vs. Ole Hansen
E1999-02666-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Jacqueline E. Schulten
Colbert vs. White
M1999-00087-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Muriel Robinson
Davidson
Court of Appeals
Pryor vs. Willoughby
M1999-00668-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: C. K. Smith
Richard Dietz, II, Executor of the Estate of Barbara Dietz, et al vs. Charles A. Keith , et al
Wilson
Court of Appeals
Hilda Light v. Frontier Health, Inc., d/b/a Woodridge
E1999-00256-WC-R3-CV
Authoring Judge: Peoples, H.N., Sp. J.
Trial Court Judge: G. Richard Johnson, 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 appellant, Frontier Health, Inc., d/b/a Woodbridge Mental Health Hospital (hereafter "Frontier"), appeals an award to Hilda Light of sixty percent disability to the body as a whole. The issue is whether the trial court erred in basing an award to the body on an impairment rating for an upper extremity. We modify the award to thirty-six percent to the body as a whole.
Knox
Workers Compensation Panel
M2000-00378-COA-R9-CV
M2000-00378-COA-R9-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Carol L. Soloman
Davidson
Court of Appeals
Bullington vs. Hudson
M1999-02772-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Betty Adams Green
Davidson
Court of Appeals
Howard vs. Thurman
M1998-00147-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Billy Joe White
Sandra Metz vs. Monte Metz
W1999-00023-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: J. Steven Stafford
Dyer
Court of Appeals
Sandra Metz vs. Monte Metz
W1999-00023-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: J. Steven Stafford
Dyer
Court of Appeals
State vs. Robert Rainey
W1999-00692-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: C. Creed Mcginley
Hardin
Court of Criminal Appeals
State vs. Derrick Vernon, et al
W1998-00612-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Arthur T. Bennett
Shelby
Court of Criminal Appeals
State vs. Lisa Marie Garren
E1999-02420-CCA-R3-CD
Authoring Judge: Presiding Judge Joseph M. Tipton
Trial Court Judge: D. Kelly Thomas, Jr.
Blount
Court of Criminal Appeals
Harold Wayne Nichols vs. State
E1998-00562-CCA-R3-PD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: D. Kelly Thomas, Jr.
The petitioner filed petitions for post-conviction relief for his conviction for first degree felony murder and his sentence of death, as well as for a number of convictions for sexual attacks on four additional victims. The bases of his complaints were that he had ineffective assistance of counsel at both the guilt and punishment phases of his capital trial, as well as in the noncapital cases, two of which were resolved by pleas of guilty. Specifically, he claimed that counsel failed to adequately investigate and prepare his cases; failed to question the probable cause for his arrest; and failed to question whether his confessions were "false." He raised additional claims of ineffective assistance of counsel and claims regarding the unconstitutionality of the imposition of capital punishment. The post-conviction court denied the claims other than to order new sentencing hearings in the noncapital cases. The petitioner then timely appealed the post-conviction court's rulings, other than the ordering of new sentencing hearings. We have carefully reviewed the record and, based upon our review, we affirm the judgments of the post-conviction court.
