State vs. Devon Crawford
02C01-9803-CR-00061
Trial Court Judge: James C. Beasley, Jr.

Shelby Court of Criminal Appeals

State vs. Donald Culbreath & Genna McCallie
02C01-9805-CR-00145

Shelby Court of Criminal Appeals

State vs. Thomas Boone
02C01-9805-CR-00146

Shelby Court of Criminal Appeals

State vs. Francesca Turner & Charles Taylor
02C01-9806-CC-00189

Dyer Court of Criminal Appeals

Michelle Ball for herself and next of kind of Miranda K. Ball, Deceased, v. Hamilton County Emergency Medical Services
03A01-9804-CV-00139
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Judge W. Neil Thomas, III

This civil action was filed by Michelle Ball ("Ms Ball") against Hamilton County Emergency Medical Services ("HCEMS") and others, seeking damages for the wrongful death of Ms. Ball's 16-month-old daughter, Miranda K. Ball ("Miranda"). The suit against HCEMS brought into play the provision of the Govermental Tort Liability Act. Following a bench trial, the court dismissed the complaint as to HCEMS, finding that HCEMS did not have a duty to transport Miranda to the hospital in the face of her mother's decision at the child's condition was not such as to require a trip to the hospital. The court further fond that HCEMS' emergency medical technicians ("the EMTS") did not violate their standard of care by failing to advise Ms. Ball that croup could be life-threatening under certain circumstances. Ms. Ball appealed, raising issues that present the following questions for our determination:

Court of Appeals

Howell vs. Chase
03A01-9810-CV-00340

Court of Appeals

Robert D. Fulcher, III and wife, Eleanor Fulcher and Allen-Fulcher Partnership, v. R. Chancellor Allen and H. Stanley Allen, Trustee, and Harwell-Allen Partnership
01A01-9802-CH-00090
Authoring Judge: Presiding Judge W. Frank Crawford
Trial Court Judge: Chancellor Irvin H. Gilcrease, Jr.

This appeal involves a dispute between partners. Plaintiffs-Appellants, Robert D. Fulcher III, Eleanor Fulcher, and Allen-Fulcher Partnership, appeal the trial court’s ruling in favor of Appellees, R. Chancellor Allen, H. Stanley Allen, and Harwell-Allen Partnership.

Davidson Court of Appeals

Steven Meredith Garmon v. Fisk University, Henry Ponder, President, Reavis L. Mitchell, Dean of Academic Affairs
01A01-9803-CH-00132
Authoring Judge: Presiding Judge Ben H. Cantrell
Trial Court Judge: Chancellor Irvin H. Kilcrease, Jr.

A white college professor denied tenure sued his university employer for breach of contract and racial discrimination. The Chancery Court of Davidson County dismissed both claims. We reverse the judgment dismissing the contract claim and affirm the ruling on the discrimination claim.

Davidson Court of Appeals

A.D. Barker vs. State of Tennessee
03C01-9604-CC-00177
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge William R. Holt, Jr.

The Petition er, A. D . Barke r, appe als the order o f the Se vier County Circuit Court dismissing his petition fo r post-conviction relief. We affirm the judgment of the trial court.

Sevier Court of Criminal Appeals

Vanderbilt University Medical Center v. The County of Macon, Lafayette, Tennessee - Concurring
A01-9712-CH-00707
Authoring Judge: Judge Hewitt P. Tomlin, Jr.
Trial Court Judge: Chancellor Irvin H. Kilcrease

Vanderbilt University Medical Center (“Vanderbilt”) filed suit in the Chancery Court of Davidson County against Macon County (“County”) seeking a judgment against County in the amount of $20,671.95 for medical services rendered by Vanderbilt in Nashville to an inmate who had been in the  custody of County and who had been brought to Vanderbilt for treatment. Both Vanderbilt and County filed motions for summary judgment,  supported by affidavit or affidavits. Following a hearing, the chancellor denied County’s summary judgment motion and granted summary  judgment in favor of Vanderbilt. On appeal, County has raised two issues which are as follows:


1. Did the trial court err in ruling that venue was proper in Davidson County; 2. In granting Vanderbilt’s motion for summary judgment.

Davidson Court of Appeals

Adkins v. Beech Grove Processing
03S01-9804-CH-00042
Authoring Judge: William H. Inman, Senior Judge
Trial Court Judge: Hon. Billy Joe White,
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.

Knox Workers Compensation Panel

Underwood v. Robinson Mfg.
03S01-9802-CH-00019
Authoring Judge: John K. Byers, Senior Judge
Trial Court Judge: Hon. Jeffrey F. Stewart,
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.

Knox Workers Compensation Panel

State of Tennessee v. Carolyn L. Curry
02S01-9709-CC-00079
Authoring Judge: Chief Justice E. Riley Anderson
Trial Court Judge: Judge C. Creed McGinley

We granted this appeal to determine whether the trial court properly ruled that the prosecution abused its discretion by failing to consider all of the relevant factors in denying the defendant’s application for pretrial diversion, and whether the Court of Criminal Appeals erred in remanding the case for an evidentiary hearing.1 The Court of Criminal Appeals agreed that the prosecutor’s written letter denying diversion did not discuss all of the relevant factors, but remanded for an evidentiary hearing to allow the prosecutor to testify as to the factors that were considered in denying pretrial diversion.

Carroll Supreme Court

State of Tennessee v. Carolyn L. Curry - Dissenting
02S01-9709-CC-00079
Authoring Judge: Justice Janice M. Holder

I disagree with the majority's holding in this case that the district attorney
general abused his discretion in denying pretrial diversion. The defendant has
committed an extremely serious offense in this case. She has admitted to
embezzling approximately $27,400.00 from her employer. Her crime was not an
isolated incident but a complicated, calculated, and deliberate criminal scheme
that occurred repeatedly over a course of two years until she was ultimately
caught.

Jackson Supreme Court

Teri Michelle Parker v. Richard Ken Parker
01S01-9704-CH-00085
Authoring Judge: Chief Justice E. Riley Anderson
Trial Court Judge: Chancellor Allen W. Wallace

We granted the appeal in this child custody case to determine whether the trial court erred in admitting expert testimony regarding the effects of an interracial relationship on the child and in later excluding the trial court’s comments from the statement of evidence.

Supreme Court

Underwood vs. Charter Federal
03A01-9809-CV-00288

Court of Appeals

Gouge vs. Ryan
03A01-9805-CV-00174

Court of Appeals

Teri Michelle Parker v. Richard Ken Parker - Concurring
01S01-9704-CH-00085
Authoring Judge: Justice Adolpho A. Birch, Jr.
Trial Court Judge: Chancellor Allen W. Wallace

Although I concur in the majority’s decision to affirm the grant of custody to the father, I write separately to condemn the appearance of impropriety this case exudes. As the United
States Supreme Court stated in Offutt v. U.S., 348 U.S. 11, 14, 75 S. Ct. 11, 13, 99 L. Ed. 11, 16 (1954), “justice must satisfy the appearance of justice.” The trial court’s actions in this case do not satisfy that appearance.

Davidson Supreme Court

State of Tennessee v. Demetrius Robinson
03C01-9712-CC-00549
Authoring Judge: Senior Judge John K. Byers
Trial Court Judge: Judge D. Kelly Thomas, Jr.

On October 15, 1997, the defendant was convicted of delivering cocaine and he was sentenced to serve four years in the penitentiary.  The defendant was tried along with a co-defendant Reggie Barton. In the course of the trial, statements made by Barton implicated the defendant.  The defendant raises the following issues:  1. Whether the defendant’s Motion To Sever the trial should have been granted?  2. Whether the co-defendant’s statement to the confidential informant should have been excluded or redacted?  We affirm the judgment of the trial court.

Blount Court of Criminal Appeals

02A01-9712-CV-
02A01-9712-CV-
Trial Court Judge: James F. Russell

Shelby Court of Appeals

02A01-9805-CV-
02A01-9805-CV-
Trial Court Judge: James E. Swearengen

Shelby Court of Appeals

02A01-9804-CH-
02A01-9804-CH-
Trial Court Judge: C. Neal Small

Shelby Court of Appeals

Kimberly Siegel vs. David Siegel
02A01-9708-CH-00198
Trial Court Judge: C. Neal Small

Shelby Court of Appeals

Lisa Austin vs. Gregory Graflund
02A01-9807-JV-00176
Trial Court Judge: A. V. Mcdowell

Shelby Court of Appeals

Kenneth Larry Mangum, v. Golden Gallon Corporation
01A01-9709-CV-00459
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Judge Buddy D. Perry

This premises liability action involves a disabled person who was injured when he tripped on a floor mat while entering a convenience market in Decherd. The patron’s suit against the market, originally filed in the Chancery Court for Franklin County but later transferred to the Circuit Court for Franklin County, alleged that the market had created a dangerous condition, especially for patrons using crutches, by placing the floor mat at its entrance. The market moved for summary judgment, relying on the deposition testimony of the patron, two employees of the market, and the market's surveillance camera videotape of the patron’s fall. The trial court granted the motion, and the patron has appealed. We have determined that the market is entitled to a judgment as a matter of law and, accordingly, affirm the summary judgment.
 

Franklin Court of Appeals