Diana Morris v. State of Tennessee
01A01-9612-BC-00569
Authoring Judge: Senior Judge William H. Inman
Trial Court Judge: Commissioner W. R. Baker

This action was filed October 15, 1992 before the Tennessee Claims Commission. The plaintiff sought two-fold relief: (1) benefits under the Workers’ Compensation Law, TENN. CODE ANN. § 50-6-101 et seq., and (2) damages for the tort of alleged retaliatory discharge for filing a claim for workers’ compensation benefits, as allegedly authorized by TENN. CODE ANN. § 9-8-301 et seq. The claims were bifurcated.

James O. Wright, Jr., v. Kathy Wright (Stovall)
01A01-9701-CV-00040
Authoring Judge: Judge Holly Kirby Lillard
Trial Court Judge: Judge Muriel Robinson

This is a child custody case. The parties had entered into a Marital Dissolution Agreement in which they had joint custody of the minor child. After the father’s remarriage, both the mother and father filed petitions seeking custody. The father now appeals the trial court’s order awarding sole custody of the parties’ child to the mother. We affirm.

Nancy Renee McReynolds (Delbridge) v. Robert Irving McReynolds
01A01-9702-CH-00064
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Chancellor Tyrus H. Cobb

NancyReneeMcReynolds Delbridge (Mother) appeals the trial court’s order denying
her counterpetition to modify the joint custody arrangement previously agreed to by the
parties and set forth in their final divorce decree. For the reasons stated hereinafter, we
affirm the trial court’s judgment.

Deborah Murray, Administrator Ad Litem of the estate of Terrance Murray and as Next of Kin of Terrance Murray, v. Jeremy A. Bryant, LilliaMn Bryant-Miller, Kathy Herbst, Charllie Herbst and Metro Govt of Nashville, et al.
01A01-9704-CV-00146
Authoring Judge: Senior Judge William H. Inman
Trial Court Judge: Judge Barbara N. Haynes

This is an action for damages against the Metropolitan Government and other Defendants, alleging that they are liable for the death of Plaintiff’s son, Terrance Murray, who was shot and killed by a fellow student while attending J. T. Moore Middle School in Nashville, Tennessee, on April 21, 1994.

Whitney Stegall v. Dottie Lou Pryor, Benton M. Mason Jr., Hugh Burton Mason, et al. - Concurring
01A01-9704-PB-00147
Authoring Judge: Judge William H. Inman
Trial Court Judge: Chancellor Tom E. Gray

V. R. Mason died testate on October 29, 1995. The executor, Richard F. LaRoche, Jr., propounded the will for probate; in the ease of language it provided for the payment of debts and taxes and created a trust for a family cemetery, with the remainder to pass under the laws of intestate succession.

Outdoor Source, Inc., v. Outdoor Entertainment, Inc.
01-A-01-9702-CH-00053
Authoring Judge: Presiding Judge Henry F. Todd

This court entered an order on 13 August 1997 in the above styled case. Defendant/appellee, Outdoor Entertainment, Inc. (“OEI”), filed a petition for rehearing on 25 August 1997. It is the opinion of this court that the petition should be denied.

Olen Eddie Hutchison vs. State of Tennessee
03C01-9601-CC-00033
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge J. Curwood Witt

The petitioner, Olen Eddie Hutchison, appeals as of right from the Campbell County Criminal Court’s denial of post-conviction relief. He was convicted in 1991 for the first degree murder of Hugh Huddleston and received the death penalty. He was also convicted of conspiracy to take a life and solicitation to commit first degreemurder for which he received a total sentence of twenty-two years. The convictions and sentences were affirmed on direct appeal. State v. Hutchison, 898 S.W.2d 161 (Tenn. 1994), cert. denied, U.S. , 116 S. Ct. 137 (1995). We affirm the denial of postconviction
relief.

John C. Tomlinson vs. State of Tennessee
03C01-9610-CR-00389
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge Lynn W. Brown

The appellant, John C. Tomlinson, appeals the trial court’s dismissal of his pro se petition for writ of habeas corpus. In April 1983, the appellant was convicted in the Davidson County Criminal Court of aggravated kidnaping and two counts of robbery with a deadly weapon. For these convictions, he was sentenced to 30 years imprisonment. In December 1983, the appellant was convicted in the Wilson County Criminal Court of aggravated rape and armed robbery resulting in sentences totaling 35 years. The appellant is currently confined at the Northeast Correctional Center where he is serving an effective sentence of 65 years for the convictions from both counties. The appellant now appeals the trial court’s dismissal of his petition for writ of habeas corpus. Specifically, the appellant contends that the trial court’s summary dismissal denied him his right to due process of the law.

State of Tennessee vs. Telly M. Slayon
02C01-9601-CR-00013
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge John P. Colton, Jr.

On February 10, 1995, Appellant Telly Slayton was found guilty by a Shelby County Criminal Court jury of murder in the perpetration of robbery in violation of Tennessee Code Annotated Section 39-13-202(2) (Supp. 1996). The trial court ordered a sentence of life imprisonment. On appeal, Appellant raises three issues for review: (1) whether the evidence presented at trial was sufficient as a matter of law to sustain the conviction ; (2) whether the trial court erred in overruling Appellant’s motion to suppress his statement given to police officers; and (3) whether the trial court erred in admitting, over Appellant’s objection, a photograph of the victim taken while the victim was alive. After a review of the record, we affirm the judgment of the trial court.

Bellsouth Telecommunications, Inc. D/B/A South Central Bell Telephone Co., v. Tennessee Regulatory Authority, et al.
01A01-9601-BC-00008
Authoring Judge: Judge William C. Koch, Jr.

This consolidated appeal of three separate proceedings involves the efforts of BellSouth Telecommunications, Inc. to take advantage of the 1995 legislation easing the traditional regulatory burdens on telecommunications service providers. After making significant adjustments in BellSouth’s reported operating results, the Tennessee Public Service Commission determined that BellSouth’s current earned rate of return exceeded its authorized rate of return and that BellSouth was receiving $56.285 million in excess revenues. The Commission directed BellSouth to reduce its rates by $56.285 million and set the initial rates in the company’s price regulation plan accordingly. On this appeal, BellSouth and another intervening party take issue with the procedures employed by the Commission to consider and act upon BellSouth’s application for a price regulation plan. We have determined that these proceedings were not preempted by the federal Telecommunications Act of 1996. We have also determined that the General Assembly did not give the Commission authority to adjust BellSouth’s reported operating results and that the Commission should have convened a contested case hearing when BellSouth took issue with the Commission’s decision to adjust its reported operating results. Accordingly, we vacate the Commission’s January 23, 1996 order and all earlier related orders.

Lions Head Homeowners' Association, et. al. v. Metropolitan Board of Zoning Appeals, Metropolitan Government of Nashville, Davidson County, TN and the Martin Companies, Inc.
01A01-9611-CH-00505
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Chancellor Irvin H. Kilcrease, Jr.

This appeal stems from a decision of the Metropolitan Board of Zoning Appeals to grant a conditional use permit for a medical office building and parking garage adjacent to St. Thomas Hospital. The homeowners’ association of a neighboring condominium development and other parties who opposed the project filed a petition for a writ of certiorari in the Chancery Court for Davidson County. The trial court heard the case without a jury and upheld the Board’s decision to grant the conditional use permit. On this appeal, the project’s opponents take issue with the procedures followed by the Board in granting the conditional use permit and also assert that the project does not comply with the Zoning Ordinances for the Metropolitan Government of Nashville and Davidson County. We affirm.

Ralph Moore Creswell v. Billie Creswell Duff
01A01-9702-CH-00059
Authoring Judge: Senior Judge William H. Inman
Trial Court Judge: Chancellor Henry D. Bell

This complaint was filed July 17, 1978, by a Conservator seeking an accounting from a Trustee - Executrix.
 

George M. Bond v. Com-Ther, Inc.
01A01-9704-CV-00149
Authoring Judge: Senior Judge William H. Inman
Trial Court Judge: Judge Don R. Ash

The plaintiff and the defendant entered into a “Contract Services Agreement” in 1994 which provided, as pertinent to this case, that either party might terminate it at any time by giving 30 days notice to the other. On May 19, 1995, the defendant informed the plaintiff by letter that “ . . . we are discontinuing our relationship with you for Physical Therapy services, effective May 19, 1995. Normal procedure warrants a 30 day notice, however, in light of numerous complaints regarding your services, we feel it is necessary to cease services immediately.” This suit was filed in the General Sessions Court to recover compensation for 30 days. The plaintiff insists that because he was entitled to 30 days notice of termination of the contract, he is entitled to recover compensation during this period in accordance with his earnings history.

John Wayne Slate, Sr.,. v. State of Tennessee Board of Paroles, et al.
01A01-9704-CH-00155
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Chancellor Irvin H. Kilcrease, Jr.

The captioned plaintiff, a prisoner in custody of the Department of Correction awaiting execution has appealed from a decision of the Board of Paroles denying his request for parole. His death sentence has been stayed by a federal court which ordered a retrial of the issue of punishment. This retrial has not yet taken place.

William David Clapp vs. State of Tennessee
03C01-9605-CC-00193
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge Frank L. Slaughter

The petitioner, William David Clapp, appeals as of right from the Sullivan County Criminal Court’s dismissal of his petition for post-conviction relief. The trial court dismissed the petition, concluding that it was barred by the statute of limitations. We affirm the judgment of the trial court.

Lawrence Norton v. Brenda Norton
02A01-9609-CV-00222
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Judge George H. Brown

This litigation concerns dissolution of a marriage 24 years in duration. The appellant, Lawrence Edward Norton, Sr. (“Husband”), has appealed from the final decree of divorce, challenging the correctness of the trial court’s decision to award the appellee, Brenda Kay Norton (“Wife”), one-half of his railroad retirement benefits, rehabilitative alimony and attorney’s fees. For reasons expressed below, we affirm and remand.

Anthony Earle McCann and Cynthia McCann v. Peggy McCann Patterson Weathers
02A01-9704-CH-00092
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Chancellor J. Steven Stafford

Peggy McCann Patterson Weathers appeals the trial court’s order which granted the petition of Appellees Anthony Earl McCann and Cynthia McCann to adopt the two minor children of Weathers’ daughter, Virginia Darlene McCann Wills. We affirm the court’s final order of adoption.
 

Issac Lydell Herron v. Elizabeth T. Rice et al., - Concurring
02A01-9706-CV-00117
Authoring Judge: Judge Farmer
Trial Court Judge: Judge Joseph H. Walker

Issac Lydell Herron appeals from the trial court’s order dismissing his petition for a writ of mandamus.  The complaint alleges that Mr. Herron is the president and incorporator of the Church of God at Cold Creek, Inc., a Tennessee corporation.  Jimmy Harrison is the warden of Cold Creek  Correctional Facility (CCCF) and Elizabeth T. Rice is the District Attorney General of the 25th Judicial District.  Although not specifically stated in the complaint, it is apparent from the exhibits to the complaint that Mr. Herron is incarcerated at CCCF.

Cherokee HIlls Utility District, v. Jeff Stanley, Individually and Jess Stanley, D/B/A Wahoo's
03A01-9704-CV-00128
Authoring Judge: Presiding Judge Houston M. Goddard
Trial Court Judge: Judge John B. Hagler

Jeff Stanley, Individually, and D/B/A Wahoo's, appeals a judgment of the Circuit Court for Polk County which mandatorily enjoined him to remove a cabin he ws constructing and a concrete pad from an easement for a waterline which the Trial Judge found was owned by Cherokee HIlls Utility District and was an encumbrance on property conveyed to Mr. Stanley.

Mark Edward Kinsler, v. Carl Baker, et ux., Edith Baker
03A01-9703-CH-00080
Authoring Judge: Presiding Judge Houston M. Goddard
Trial Court Judge: Chancellor Thomas R. Frierson, II

In this suit, the Plaintiff seeks a determination that he owns a right-of-way from his property located in the Fourth District of Hancock Counter over the adjoining property of the Defendants.
 

James Slyman, v. National Knife Collectors Association
03A01-9703-CV-00094
Authoring Judge: Presiding Judge Houston M. Goddard
Trial Court Judge: Judge Samuel H. Payne

In this jury case, National Knife Collectors Association appeals a $5000 judgment rendered against it in favor of James Slyman, raising the following two issues on appeal, neither of which questions the amount of the award.

State vs. Richard McAdams
01C01-9604-CC-00134

State vs. John Allen Chapman
01C01-9604-CC-00137
Trial Court Judge: Thomas W. Graham

State vs. John Allen Chapman
01C01-9604-CC-00137
Trial Court Judge: Thomas W. Graham

State vs. Michael A. Baskette
01C01-9604-CC-00167