Edmondson vs. Solomon
01A01-9802-CV-00097
Trial Court Judge: Walter C. Kurtz

Davidson Court of Appeals

Hampton vs. TN Truck Sales
01A01-9712-CH-00721
Trial Court Judge: Irvin H. Kilcrease, Jr.

Davidson Court of Appeals

Sara Evelyn Evans (Young) v. Bobby Hugh Young, D.K. Hailey Wrecking Company, Inc. and Levy Industrial Contractors, Inc.
01A01-9711-CV-00638
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Judge Muriel Robinson

Intervenors D. K. Hailey WreckingCompany (Hailey Wrecking) and Levy Industrial Contractors, Inc. (Levy Industrial) appeal an order of the trial court requiring them to pay the attorney fees of Plaintiff Sara Evelyn Evans incurred in a proceeding to enforce a judgment obtained by Ms. Evans against Bobby Hugh Young. For the reasons stated below, we affirm the ruling of the trial court.

Davidson Court of Appeals

Palmer vs. So. Central Correctional Facility Disciplinary Bd.
M1999-01611-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Robert L. Holloway
Petitioner, an incarcerated prisoner at South Central Correctional Facility, appeals the dismissal by the trial court of his petition for a writ of certiorari to review a disciplinary decision made by the Correctional Facility Disciplinary Board and approved by the Tennessee Department of Correction ("T.D.O.C."). The defendant filed a Rule 12.02(6), Tenn. R. Civ. P., motion asserting the failure of Petitioner to state a claim for which relief may be granted. The trial court sustained this motion to dismiss. We reverse.

Wayne Court of Appeals

State vs. Roy Keough
02C01-9708-CR-00317

Shelby Court of Criminal Appeals

State vs. Grace Matthews
02C01-9801-CR-00013

Shelby Court of Criminal Appeals

State vs. Aaron Carroll
02C01-9805-CR-00140
Trial Court Judge: Bernie Weinman

Shelby Court of Criminal Appeals

R & E Properties vs Jones
03A01-9804-CV-00133

Court of Appeals

Woods vs Walldorf
03A01-9803-CH-00085

Court of Appeals

State vs. Connie Wilson
02C01-9706-CC-00217

Madison Court of Criminal Appeals

State vs. Howard Epps
02C01-9710-CR-00410

Shelby Court of Criminal Appeals

State vs. Pamela Scuderi
01C01-9803-CC-00135
Trial Court Judge: James K. Clayton, Jr.

Rutherford Court of Criminal Appeals

Memphis Housing Auth. vs. Ramona Stewart
02a01-9803-CV-00087
Trial Court Judge: Robert L. Childers

Shelby Court of Appeals

Bryant vs. McCord, et al
01A01-9801-CV-00046
Trial Court Judge: Walter C. Kurtz

Davidson Court of Appeals

01A01-9805-CH-00258
01A01-9805-CH-00258
Trial Court Judge: Allen W. Wallace

Dickson Court of Appeals

George French vs. State, Ricky Bell, Warden
01C01-9801-CR-00022
Trial Court Judge: J. Randall Wyatt, Jr.

Davidson Court of Criminal Appeals

State vs. Christopher Bengston
E1999-01190-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: R. Steven Bebb
The defendant, Christopher Bengtson, was convicted by a McMinn County jury of three counts of reckless endangerment committed with a deadly weapon, a Class E felony. In this appeal as of right, the defendant raises two issues: (1) whether the evidence was sufficient as a matter of law to support the verdict; and (2) whether the trial court erred in failing to merge the three counts into one. We conclude that the evidence was sufficient as a matter of law for the jury to conclude beyond a reasonable doubt that the defendant was guilty of felony reckless endangerment. We agree with the defendant and the State that the three counts constituted a single course of conduct and should have been merged into one. We therefore affirm the felony reckless endangerment conviction for count one of the indictment but vacate the convictions for counts two and three.

McMinn Court of Criminal Appeals

Seals vs. England/Corsair Upholstery Mfg Co., Inc. and 2nd Injury Fund
03S01-9704-CH-00044

Claiborne Supreme Court

01A01-9711-CV-00685
01A01-9711-CV-00685
Trial Court Judge: James E. Walton

Montgomery Court of Appeals

Seals vs. England/Corsair Upholstery Mfg Co., Inc. and 2nd Injury Fund
03S01-9704-CH-00044

Supreme Court

Vernon W. Mauldin v. Tennessee Department of Correction
01A01-9801-CH-00014
Authoring Judge: Judge Patricia J. Cottrell
Trial Court Judge: Chancellor Irvin H. Kilcrease, Jr.

This appeal involves a state prisoner's efforts to obtain judicial review of the length of his incarceration. The prisoner contends that he is entitled to the benefit of the 1989 Sentencing Reform Act’s lesser sentence for armed robbery rather than the sentence imposed upon him at the time of his conviction in 1985. He also contends he is entitled, as a matter of law, to certain sentence reduction credits. Finally, he contends that, taken together, the downward adjustments of his sentence on the basis of these two contentions would entitle him to be immediately released from custody. He filed a Petition for Declaratory Order with the Department of Correction, and the Department denied him relief. Thereafter, the prisoner filed a pro se "Petition for Judicial Review and/or Petition for a Declaratory Judgment and/or Petition for Common-law Writ of Certiorari" in the Chancery Court of Davidson County. The trial court granted the Department's motion to dismiss pursuant to Rule 12.02(6) of the Tennessee Rules of Civil Procedure. We affirm the dismissal of the prisoner's petition because it fails to state a claim upon which relief can be granted.

Davidson Court of Appeals

Larry Aubrey Henson, v. Elizabeth Ellen Sorrell - Concurring/Dissenting
02A01-9711-CV-00291
Authoring Judge: Judge Holly Kirby Lillard

I write separately only to indicate disagreement with an inference that may be drawn from the majority opinion. The last sentence in the opinion states that a party such as Henson may recover damages immediately flowing from the wrongful conduct, as in Smith v. Gore, 728 S.W.2d 738 (Tenn. 1987). As noted in the majority opinion, the plaintiff mother in Smith was permitted to recover in a medical malpractice action for damages immediately related to pregnancy and childbirth.

Court of Appeals

Larry Aubrey Henson v. Elizabeth Ellen Sorrell - Concurring
02A01-9711-CV-00291
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Judge James F. Russell

This case involves allegations of promissory fraud, fraudulent concealment, breach of contract, conversion, and intentional infliction of emotional distress arising from a woman’s failure to inform her partner that she had stopped taking birth control pills, her subsequent 1In another appeal currently before this Court, Henson appeals the paternity ruling of the juvenile court and challenges the constitutionality of the Tennessee Paternity Statute. 2 pregnancy, and the birth of a child. The plaintiff, Larry Aubrey Henson (Henson), appeals the trial court’s judgment for the defendant, Elizabeth Sorrell (Sorrell), after a trial on the merits.

Shelby Court of Appeals

State of Tennessee vs. Craig Bryant
02C01-9707-CR-00286
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge Arthur T. Bennett

The Defendant, Craig Bryant, appeals as of right from a Shelby County jury verdict convicting him of aggravated assault and attempted second degree murder. The trial court sentenced him as a Range I standard offender to consecutive sentences of three years for aggravated assault and ten years for attempted second degree murder. The Defendant now appeals pursuant to Rule 3 of the Tennessee Rules of Appellate Procedure. W e affirm the judgment of the trial court.

Shelby Court of Criminal Appeals

Katherine Jewell Smith and Jimmie Lewis Smith v. Methodist Hospitals Memphis, Keith G. Anderson, M.D. and The Sutherland Clinic, Inc., F/K/A Cardiology Consultants of Memphis
02A01-9712-CV-00302
Authoring Judge: Presiding Judge W. Frank Crawford
Trial Court Judge: Judge Robert L. Childers

This interlocutory appeal involves an action by a setling tortfeasor for contribution from an alleged joint tortfeasor. Defendant/cross-plaintiff, Methodist Hospital of Memphis (Methodist), appeals from the order of the trial court dismissing its cross-complaint for contribution against defendant/cross-defendant, Keith G. Anderson, M.D. Apparently, Smith reluctantly included Anderson as a defendant and chose not to prosecute her claim against him. In a Motion in Limine filed April 18, 1997, Smith stated that she would not seek to produce expert testimony in her case against Anderson, and he agreed not to seek a directed verdict because of absence of expert proof.

 

Shelby Court of Appeals