State of Tennessee v. Joseph J. Levitt, Jr.
E2000-03051-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge E. Shayne Sexton

The defendant drove up behind a vehicle which had halted because of a driver's license roadblock near Knoxville. He then proceeded onto the right shoulder to get around that vehicle and was stopped by the Tennessee Highway Patrol officer conducting the roadblock. What next occurred was highly disputed, but the events culminated with the defendant's being sprayed with Freeze, some of which was deflected back onto the officer, partially incapacitating him also. The defendant was charged with resisting arrest, reckless driving, and failure to carry and display a driver's license on demand. The reckless driving charge was nolle prosequi and, following a jury trial, the defendant was found not guilty of resisting arrest but was convicted of the driver's license charge, sentenced to ten days confinement, which was suspended, and ordered to pay a $50 fine and court costs. He timely appealed the conviction, arguing that the roadblock was unconstitutional. Based upon our review, we conclude that the roadblock was unconstitutional and that the officers lacked probable cause to stop the defendant's vehicle. Accordingly, we reverse the conviction and dismiss the charge.

Kenneth McArthur Johnson v. State of Tennessee
E2001-00068-CCA-R3-PC
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Judge James E. Beckner
Aggrieved of his second degree murder conviction, the petitioner seeks post-conviction relief, which was denied by the lower court after an evidentiary hearing. On appeal, the petitioner presents several issues of the ineffective assistance of counsel. We affirm the denial of post-conviction relief.

Daryl K. Collins v. Tower Automotive Products
W2001-00480-WC-R3-CV
Authoring Judge: L. Terry Lafferty, Senior Judge
Trial Court Judge: Joe C. Morris, 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 trial court found Plaintiff suffered permanent impairment and awarded Plaintiff twenty-two percent (22%) permanent partial impairment to each upper extremity. Defendant asserts that the award of twenty- two percent (22%) was excessive and not supported by the evidence. From our review of the trial record, we affirm the trial court's judgment as modified. Tenn. Code Ann. _ 5-6-225(e) (1999) Appeal as of Right; Judgment of the Chancery Court is Affirmed as Modified. L. TERRY LAFFERTY, SR. J., in which JOE C. LOSER, JR., SP. J., and JANICE M. HOLDER, J., joined. Deana C. Seymour, Jackson, TN, for the appellant, Tower Automotive Products Company, Inc., d/b/a Tower Automotive. George L. Morrison, III, Jackson, TN, for the appellee, Daryl Collins. MEMORANDUM OPINION TRIAL TESTIMONY Daryl Collins, age 39, married with two sons, has been employed at Tower Automotive Company, Inc., d/b/a Tower Automotive, hereinafter Defendant, for the past 17 years. Plaintiff's education consists of a high school diploma and an associate's degree from Jackson State Community College. Plaintiff's duties were primarily welding heavy truck parts. In 1998, Plaintiff began suffering from pain in both his right and left wrists. Plaintiff advised Defendant in January of 1999, and underwent conservative treatment. Defendant furnished him with the names of three physicians and was seen by Dr. Lewis Murphy, who referred Plaintiff to Dr. Ronald Bingham for a nerve conduction examination. Dr. Bingham referred Plaintiff to Dr. Michael Cobb when the test indicated median neuropathy at both wrists, consistent with carpal tunnel syndrome. Dr. Cobb advised Plaintiff that carpal tunnel release may be necessary for both wrists. On January 2, 2, Dr. Cobb performed carpal tunnel release on the right wrist and then on February 8, 2, carpal tunnel release was performed on Plaintiff's left wrist. Plaintiff returned to restricted duty for six weeks before Dr. Cobb released him to regular duty as a welder. Although Plaintiff returned to regular duty, he stated that his hands still hurt every day, however surgery did correct the numbness. He advised the plant nurse, Debbie Bowlin, that his hands hurt occasionally while grinding parts. At home, Plaintiff stated that he had difficulty playing (wrestling) with his eight-year-old son. Due to vibration, he cannot use a weedeater for long periods of time because of numbness. When asked about his grip strength, Plaintiff responded, "As far as grip strength, I've lost quite a bit of grip strength. It's things that I just took for granted before." Plaintiff estimated that he lost thirty percent (3%) grip strength in his hands since the injury. During cross-examination, Plaintiff agreed that he had received a pay raise since his return to work and is now making a higher hourly rate. Also, Plaintiff acknowledged that he participated in little league activities, throwing a football with his son, and taking a family vacation to Disney World. In behalf of Defendant, co-workers of Plaintiff, Kenneth Gilbert, Jeff Lowery, and supervisor, Sam Luter, testified that Plaintiff was a welder in heavy truck building. All agreed that Plaintiff returned to work, did a fine job, never made any complaints and was a good worker. Luter stated that Plaintiff could do various jobs in the plant. Also, Luter agreed that he had come to work feeling bad, but never complained to his co-workers. MEDICAL EVIDENCE For the record, the C-32 form of Dr. Michael Cobb was made an exhibit. Dr. Cobb's report reflect that Plaintiff was referred to him by Dr. Ronald Bingham as the result of a nerve conduction examination. The examination indicated a diagnosis of carpal tunnel syndrome on December 19, 1999. Dr. Cobb saw Plaintiff on January 12, 2, with a complaint of pain, numbness in both hands, with the right hand worse than the left. Dr. Cobb diagnosed Plaintiff with severe carpal tunnel syndrome, both hands, and recommended surgery for the best chance of a recovery. Otherwise, if decompression of the nerve is delayed, there is more chance that Plaintiff will have some permanent neuropathy. On January 2, 2, Dr. Cobb performed endoscopic carpal tunnel release on the right hand. On February 1, 2, Plaintiff's only complaint was soreness to the right hand following surgery. Plaintiff was ordered to commence grip exercises. Plaintiff agreed to undergo the same procedure on his left hand. On February 8, 2, Dr. Cobb performed endoscopic carpal tunnel release on the left hand. Dr. Cobb's report reflects that -2-

Martha I. Johnson v. Knox Co. Board of Educ.,
E2000-02513-WC-R3-CV
Authoring Judge: John K. Byers, Sr. J.
Trial Court Judge: Daryl R. Fansler, 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 trial court found the plaintiff is totally and permanently disabled and further found the Knox County Board of Education liable for 6 percent of the award and the Second Injury Fund liable for 4 percent. We affirm the judgment of the trial court. Tenn. Code Ann. _ 5-6-225(e) (1999) Appeal as of Right; Judgment of the Chancery Court is Affirmed JOHN K. BYERS, SR. J., in which E. RILEY ANDERSON, J., and ROGER E. THAYER, SP. J., joined. Paul G. Summers, Nashville, Tennessee, for the appellant Second Injury Fund. Stephen E. Yeager, Knoxville, Tennessee, for the appellees Knox County Board of Education and Tennessee School Boards Association. Thomas S. Scott, Jr., Knoxville, Tennessee, for the appellee Martha I. Johnson. MEMORANDUM OPINION 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). Questions of law are reviewed de novo without a presumption of correctness. Peace v. Easy Trucking Co., 38 S.W.3d 526 (Tenn. 21). Facts The plaintiff was 39 years of age at the time of trial. She did not complete high school and did not pass the GED exam. She completed nursing training and took courses in business technology through the Tennessee Technology Center. She is not married and has one child. The plaintiff had various medical conditions prior to the injury_sustained in 1998_at issue in this case, including dyslexia, epilepsy (which she had from birth), a back sprain sustained in 199 while working as a nurse's assistant, and a prior back injury suffered while working for the defendant School Board in 1993, and a stroke-like episode in 1996 caused by toxic levels of Dilantin in her system. In addition, the plaintiff suffers from choreoathetosis or truncal ataxia, a condition that causes her to have involuntary movements. When the plaintiff first went to work for the defendant School Board in December of 1991, she listed the previous back injury that she sustained while working for a nursing home. She also described her epileptic condition. The plaintiff did, however, in her application state that she suffered no disability resulting from the injury at the nursing home or from the epilepsy and that she could perform her duties as a custodian. As a result of the 1993 injury, the plaintiff received temporary total benefits and medical payments. She returned to work but did not claim any permanent disability benefits from this injury. In 1995 or 1996, the plaintiff suffered a toxic episode from a build-up of Dilantin in her system. The effect on the plaintiff was similar to a stroke. As a result of this episode, the plaintiff lost control over her left side, experienced a lack of feeling in her feet, and her left arm became drawn up. The plaintiff was hospitalized for this and was treated for a considerable time. After some recovery from the episode, the plaintiff wished to return to work. Her doctor released her to return to work, but placed restrictions in her written release. When the plaintiff presented her written medical release to William Anderson, III, the person who reviewed medical reports, he told the plaintiff she could not return to work with the restrictions. The plaintiff then persuaded her doctor to remove the restrictions and she returned to Mr. Anderson, who allowed her to return to work. Mr. Anderson testified "if the doctor sends a slip and says no restrictions, then I have to let them back to work." Mr. Anderson testified he knew the plaintiff was not able to do her work before the injury of 1998, which is the subject of this case. When asked if she was unable to do the job prior to the 1998 injury he responded, "no doubt about it." Mr. Anderson testified "the only reason I kind of buried my head to it [the disabilities of the plaintiff] was she had been a good employee." He went on to explain she needed to work and others helped her. All parties agree the School Board had a written policy of not allowing anyone with medical -2-

State of Tennessee v. Clifton Shelton
W2000-00610-CCA-R3-CD
Authoring Judge: Presiding Judge Gary R Wade
Trial Court Judge: Judge Carolyn Wade Blackett

The defendant, Clifton Shelton, pled guilty to simple possession of marijuana, a Class A misdemeanor. The trial court sentenced the defendant to 11 months and 29 days, requiring him to spend four months in a halfway house and the balance of his sentence on probation. The defendant argues that the trial court erred by failing to suspend his entire sentence. Because the trial court relied on the defendant's prior grant of judicial diversion in denying full probation, the judgment is modified and the cause is remanded to the trial court.

State of Tennessee v. Darrin Fleming
W2001-00028-CCA-R3-CD
Authoring Judge: Presiding Judge Gary R Wade
Trial Court Judge: Judge James C. Beasley, Jr.

The defendant, Darrin Fleming, was convicted of aggravated burglary, assault, and criminal responsibility for facilitation of robbery. The trial court imposed an effective sentence of six years. In this appeal of right, the defendant contends that the evidence was insufficient to support his convictions for aggravated burglary and assault and that the trial court erred by refusing to give a special instruction on criminal responsibility. The judgments of the trial court are affirmed.

State of Tennessee v. Bernard Keys
W2000-03138-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge Joseph B. Dailey

The Shelby County Grand Jury returned two indictments against the defendant, one for aggravated burglary and one for misdemeanor evading arrest. The trial court consolidated the indictments prior to trial pursuant to Tenn. R. Crim. P. 8(b). The defendant was found guilty of both charges by a Shelby County jury. In this appeal, the defendant contends (1) the evidence is insufficient to sustain his convictions; and (2) the trial court improperly consolidated the indictments. After a thorough review of the record, we affirm the judgments of the trial court.

Eric Wright v. State of Tennessee - Dissenting
W2001-00386-CCA-R3-PC
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge Joseph B. Dailey

I respectfully dissent. Based upon the record before us, I believe that the trial court was justified in dismissing the petition without an evidentiary hearing. I do not believe that our supreme court intended in Williams v. State, 44 S.W.3d 464, 471 (Tenn. 2001), to provide a hearing for people in the petitioner’s situation. In Williams, the record indicated that Williams’ attorney’s actions may have led Williams to believe that supreme court review was timely sought, thereby potentially misleading him about when the statute of limitations would run.

Carlos Haywood v. State of Tennessee
W2001-00451-CCA-R3-PC
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge Chris B. Craft

The Appellant, Carlos Haywood, appeals from the dismissal of his petition for post-conviction relief. Haywood was convicted by a Shelby County Criminal Court Jury of felony murder and attempted especially aggravated robbery, and was sentenced to life imprisonment plus ten years. On appeal, Haywood argues that he received ineffective assistance of counsel. After review, we affirm the judgment of the post-conviction court dismissing the petition.

State of Tennessee v. Joe Scott
W2001-00589-CCA-R3-CD
Authoring Judge: Presiding Judge Gary R Wade
Trial Court Judge: Judge Joseph B. Dailey

The defendant, Joe Scott, was convicted of aggravated robbery. The trial court imposed a Range II sentence of 19 years. In this appeal of right, the defendant challenges the sufficiency of the evidence. The judgment is affirmed.

Eric Wright v. State of Tennessee
W2001-00386-CCA-R3-PC
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Joseph B. Dailey

The Petitioner filed a petition for post-conviction relief on December 11, 2000, in which he attacked convictions entered in September 1990 and upon which final appellate action was taken in 1992. The post-conviction court dismissed the petition without a hearing, because it was filed outside the
statute of limitations. Concluding that the post-conviction court erred by dismissing the petition without an evidentiary hearing, we reverse and remand to the post-conviction court for such a hearing.

State of Tennessee v. Mario A. Johnson
W2001-00372-CCA-R3-CD
Authoring Judge: Presiding Judge Gary R Wade
Trial Court Judge: Judge John P. Colton, Jr.

The defendant, Mario A. Johnson, was convicted of facilitation to commit first degree murder and especially aggravated robbery. The trial court imposed a Range I sentence of 20 years for facilitation of first degree murder and a concurrent sentence of 23 years for especially aggravated robbery. In this appeal of right, the defendant challenges the sufficiency of the evidence. The judgments are affirmed.

State of Tennessee v. Kenneth L. Boggs
M2000-02724-CCA-R3-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Judge Seth W. Norman

The defendant, Kenneth L. Boggs, appeals his Davidson County Criminal Court conviction of unlawful possession of a handgun, a Class E felony. He complains on appeal that the trial court erred in not addressing the prosecutor's exploitation of the defendant's exercise of his right to remain silent following his arrest. Finding no error requiring reversal, we affirm the conviction.

State of Tennessee v. Troy D. Ryan
II-599-151-B
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Timothy L. Easter

The defendant appeals from a conviction of theft of property over one thousand dollars. The sole issue presented for review is the sufficiency of the evidence to establish the value element of the offense. We conclude that the testimony by the owner of the stolen property was sufficient for the jury to find that the fair market value of the property was over one thousand dollars. The judgment of the trial court is affirmed.

State of Tennessee v. Charles David Vanderford
W2000-02639-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge C. Creed McGinley

The appellant, Charles David Vanderford, appeals the order of the Circuit Court of Hardin County revoking the community corrections sentences that he received following his convictions by a jury of two counts of possession of a controlled substance with intent to sell. The appellant challenges the trial court's reliance upon his commission of crimes during the pendency of his appeal from his convictions of felony drug possession and prior to the commencement of his community corrections sentences. Following a review of the record and the parties' briefs, we affirm the judgment of the trial court.

State of Tennessee v. Waldo Wiggins, Jr.
W2000-02766-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge Joseph H. Walker, III

Following transfer to circuit court for trial as an adult, the juvenile defendant, Waldo Wiggins, Jr., was convicted of first degree murder. On appeal, Defendant challenges (1) whether the denial of bail by the juvenile court and subsequent bond of $ 250,000 set by the circuit court violated his right to due process of law, and (2) whether the evidence was sufficient to support his conviction. After a review of the record, we affirm.

Richard Arnold and his wife, Barbara Arnold v. The Metropolitan Government of Nashville and Davidson County
01A01-9505-CV-00203
Authoring Judge: Judge Samuel L. Lewis
Trial Court Judge: Judge Marietta M. Shipley

This is an appeal by defendant/appellant, Metropolitan Government of Nashville and Davidson County ("Metro"), from the judgment of the trial court against it in favor of plaintiffs/ appellees, Richard and Barbara Arnold, and crossdefendant/ appellee, Gloria Ford.

Glen D. Alcorn v. State of Tennessee Metro Police Department
01A01-9507-CH-00315
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Chancellor C. Allen High

Glen Alcorn, an inmate in the custody of the Tennessee Department of Correction, petitioned the Chancery Court of Davidson County for an order that he be furnished with copies of certain documents that he believed would be helpful in the appeal of his conviction. Mr. Alcorn asked the chancery court to compel the State of Tennessee to provide him with the transcript of jury voir dire in his trial, and to compel the Metropolitan Nashville Police Department to provide him with a copy of the investigative file in his case. The court dismissed Mr. Alcorn's petition on the ground of failure to state a claim upon which relief can be granted. We affirm the dismissal.

Frank B. Chadwick, Jr., v. Clarksville-Montgomerty County Unified School System, and Clarksville-Montgomery County Unified School Board
01A01-9504-CV-00166
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Judge James E. Walton

This is a negligence case in which the Plaintiff appeals from the trial court's finding that Defendants did not breach their duty of care.

State of Tennessee v. Dale Godwin
W2001-00212-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge William B. Acree

In 1995, the Defendant pled guilty to four felony drug charges for which he received three concurrent eight-year sentences and one concurrent five-year sentence, to be served on Community Corrections. Subsequently, the trial court revoked the Defendant's Community Corrections sentences and ordered him to serve twelve years in the Tennessee Department of Correction. The Defendant now appeals, alleging that the trial court lacked jurisdiction to re-sentence the Defendant and that the twelve year sentence was improperly imposed. Finding no error, we affirm the judgment of the trial court.

State of Tennessee v. Charles William Jones
M2001-00353-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge Steve R. Dozier

The Defendant, Charles William Jones, was convicted of second degree murder in the Criminal Court of Davidson County. After a sentencing hearing, the trial court sentenced the Defendant to twenty-two years in the Department of Correction. In this appeal, the Defendant contends that (1) the evidence presented at trial was insufficient to support a finding of guilt beyond a reasonable doubt and (2) the trial court improperly applied two enhancement factors in sentencing the Defendant. We affirm the judgment of the trial court.

Wills Electric Co., Inc. v. Hassan Mirsaidi
M2000-02477-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Irvin H. Kilcrease, Jr.
A general contractor withheld the final payment for work completed by his electrical subcontractor, and the subcontractor sued for breach of contract. The trial court awarded the subcontractor the contracted-for amount, as well as pre-judgment interest and consequential damages. We reverse the award of consequential damages. In all other respects, we affirm the trial court.

State of Tennessee v. Jerry Damon Williams
M2000-02592-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge James K. Clayton, Jr.

On September 25, 2000, the Defendant, Jerry Damon Williams, entered a plea of guilty to driving under the influence of alcohol in violation of Tennessee Code Annotated section 55-10-401. Pursuant to Rule 37 (b)(1)(i) of the Tennessee Rules of Criminal Procedure, the Defendant sought to reserve a certified question of law to be reviewed by this Court. In this appeal, the Defendant contends that (1) he properly reserved the certified question of the validity of the police's initial investigatory stop and (2) the trial court erred in denying his motion to suppress evidence discovered as a result of the investigatory stop. We vacate the Defendant's conviction and dismiss the case.

Milliken Group, Inc. v. Hays Nissan, Inc.
M2001-00506-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Irvin H. Kilcrease, Jr.
This dispute arises from a contract for capital improvements entered into between the plaintiff and the agent of the defendant. The primary issues on appeal are whether the agent had the authority to bind the defendant to the contract, and whether the trial court erred in limiting the amount of damages awarded to the plaintiff. We affirm in part and modify the judgment.

Perry Saleem Lee v. State of Tennessee
M2001-01141-CCA-R3-PC
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge R.E. Lee Davies

The petitioner, Perry Saleem Lee, appeals the dismissal of his petition for post-conviction relief by the Williamson County Circuit Court, which held that the petitioner's claims for relief had been either previously determined or waived. The petitioner complains about his appointed counsel and the state's purported shortcomings in the post-conviction process. He also complains about the trial court not allowing an amendment to the petition, not allowing an evidentiary hearing, and not setting forth findings of fact and conclusions of law as to each ground he raised. We affirm the trial court.