Clyde Douglas Bishop v. Earthgrains Baking Companies
E2003-02714-WC-R3-CV
Authoring Judge: William H. Inman, Sr. J.
Trial Court Judge: Lawrence Puckett, Judge
The Plaintiff claimed to have suffered a compensable back injury. The evidence revealed that he had a congenital back condition which was not aggravated by the claimed injury, and his suit was dismissed. The judgment of dismissal is affirmed. The trial judge disallowed discretionary costs because to allow such costs would deter the filing of workers' compensation cases. On the issue of discretionary costs we reverse and remand for a determination and award of discretionary costs.

Donzel A. Watson v. State of Tennessee
M2003-02273-CCA-R3-PC
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Cheryl A. Blackburn

The Petitioner, Donzel A. Watson, appeals the trial court's dismissal of his petition for post conviction relief. The State has filed a motion requesting that this Court affirm the trial court's denial of relief pursuant to Rule 20, Rules of the Court of Criminal Appeals. The Petitioner filed his petition outside the statute of limitations. Accordingly, the State's motion is granted, and the judgment of the trial court is affirmed.

In re: D.N.G., S.D.P., et ux, J.A.S.P., v. R.L.G. and K.S.R.
M2003-02810-COA-R3-PT
Authoring Judge: Presiding Judge Herschel Pickens Franks
Trial Court Judge: Judge Betty Adams Green

The Trial Court terminated the mother’s parental rights to the four year old child. On appeal, we
Affirm.
 

Lori Ann Johnson v. Mckee Foods Corporation
E2003-02899-WC-R3-CV
Authoring Judge: Roger E. Thayer, Sp. J.
Trial Court Judge: Howell N. Peoples, Chancellor
The trial court dismissed the claim holding it was barred by the expiration of the one year statute of limitations. The judgment is reversed as an issue of fact exists as to whether the statute of limitations should be suspended until the employee learned of her disability from her doctor.

Janet Simpson v. Donaldson Co., Inc.
E2003-02347-WC-R3-CV
Authoring Judge: Roger E. Thayer, Sp. J.
Trial Court Judge: Ben W. Wexler, Judge
The trial court dismissed the claim finding the employee's condition did not arise out of her employment. Plaintiff appeals and argues the evidence preponderates against the conclusion of the trial court. Judgment affirmed.

Ellis L. Woods v. Lockheed Martin Energy Systems, Inc.
E2003-01789-WC-R3-CV
Authoring Judge: William H. Inman, Sr. J.
Trial Court Judge: Frank Williams III, Chancellor
The Plaintiff sustained a gradual hearing loss while working for successive employers performing essentially the same duties. The trial judge held that the last-injurious employment rule applied. We affirm.

Joseph Matthew Maka v. State of Tennessee
W2003-01209-CCA-R3-PC
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge Roger A. Page

The petitioner appeals theMadison County Circuit Court’s denial of post-conviction relief. Because the post-conviction court had no jurisdiction to rescind its earlier grant of post-conviction relief, we reverse.

State of Tennessee v. Christopher David Hodge
W2003-01513-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Joseph H. Walker, III

The defendant, Christopher David Hodge, appeals his conviction of second degree murder. The defendant alleges that the evidence was insufficient to support the conviction and that the trial court erred in disallowing discovery of certain information relevant to preparation of a defense. From our review, we conclude there is no reversible error and affirm the conviction.

James Marvin Martin v. State of Tennessee
E2004-00740-CCA-R3-PC
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Richard R. Baumgartner

The petitioner, James Marvin Martin, appeals the denial of his petition for post-conviction relief, arguing that the post-conviction court erred in finding that his claim was beyond the statute of limitations. After careful review, we affirm the denial of the petition.

Danny Capps v. Anvil International, Inc.
W2003-01414-SC-WCM-CV
Authoring Judge: Joe H. Walker, III, Sp.J.
Trial Court Judge: Joe C. Morris, Chancellor
The trial court found that employee suffered a permanent partial disability of 15% to the right arm. We affirm.

Bernard Falcicchio v. Gibson Mechanical Contractors,
W2003-02078-WC-R3-CV
Authoring Judge: Robert L. Childers, Sp.J.
Trial Court Judge: George H. Brown, Jr., Judge
In this appeal, Employee argues that the trial court erred in granting the motion to dismiss filed by Gibson Mechanical Contractors, Inc. and Amerisure Insurance Company. We conclude that the trial court erred granting the motion to dismiss and reverse the judgment of the trial court.

Shirley Moore v. Best Metal Cabinets
W2003-00687-WC-R3-CV
Authoring Judge: Robert L. Childers, Sp.J.
Trial Court Judge: George R. Ellis, Chancellor
In this appeal, the Employer argues that the trial court erred in awarding permanent disability benefits to the Employee, in failing to apply the 2.5 cap pursuant to Tennessee Code Annotated section 5-6-241(a), and in failing to make specific findings of fact pursuant to Tennessee Code Annotated section 5-6-241(c). We conclude that the evidence preponderates in favor of the trial court's award of permanent disability benefit; that the evidence fails to preponderate against the trial court's award of benefits that exceed the 2.5 cap; and that the evidence preponderates against the trial court's award of six times the anatomic impairment rating. We, therefore, affirm the trial court's judgment, as modified.

Donna Payton v. Mckenzie Valve and Machining
W2003-02094-WC-R3-CV
Authoring Judge: Robert L. Childers, Sp.J.
Trial Court Judge: C. Creed Mcginley, Judge
In this appeal, Employer argues: (i) that the trial court erred in allowing the testimony of one of Employee's witnesses; (ii) that the evidence preponderates against the trial court's finding that Employee's injury was caused by her employment; and (iii) that the evidence preponderates against the trial court's award of 37.5% permanent partial disability to each arm. We conclude that the evidence fails to preponderate against the trial court's decision to allow the testimony of Employee's witness, the trial court's finding that Employee's injury was caused by her employment, and the trial court's award of 37.5% permanent partial disability to each arm. We, therefore, affirm the judgment of the trial court.

Johnny Proffitt v. State of Tennessee
M2003-02953-CCA-R3-PC
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Jane W. Wheatcraft

The Petitioner, Johnny Proffitt, appeals the trial court's dismissal of his petition for post conviction relief. The State has filed a motion requesting that this Court affirm the trial court's denial of relief pursuant to Rule 20, Rules of the Court of Criminal Appeals. The Petitioner cannot collaterally attack his probation revocation order. Moreover, the petitioner filed his petition outside the statute of limitations. Accordingly, the State's motion is granted, and the judgment of the trial court is affirmed.

David E. Garrison v. State of Tennessee
M2003-02137-CCA-R3-PC
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge Cheryl A. Blackburn

The Petitioner, David E. Garrison, appeals the trial court's dismissal of his petition for post conviction relief. The State has filed a motion requesting that this Court affirm the trial court's denial of relief pursuant to Rule 20, Rules of the Court of Criminal Appeals. The Petitioner filed his petition outside the statute of limitations. Accordingly, the State's motion is granted, and the judgment of the trial court is affirmed.

State of Tennessee v. Carlos Eddings - Concurring and Dissenting
W2003-02255-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge W. Otis Higgs, Jr.

The majority concludes that modification of the defendant’s ten-year sentence is required in light of Blakely v. Washington, 542 U.S. __, 124 S. Ct. 2531 (2004). I must respectfully dissent.

State of Tennessee v. Jonathan B. Cutshaw
E2003-02502-CCA-R3-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Judge Ben W. Hooper, II

The defendant, Jonathan B. Cutshaw, pleaded guilty in the Cocke County Criminal Court to one count of burglary, in violation of Tennessee Code Annotated section 39-14-402, and to one count of vandalism, in violation of Tennessee Code Annotated section 39-14-408. Pursuant to his plea agreement with the state, he accepted joint and several liability for restitution, along with others involved in the vandalism, and he received an effective sentence of three years, with the manner of service of the sentences to be determined by the trial court. After a sentencing hearing, the trial court ordered the defendant to serve his sentences in confinement and to pay restitution. It is from this order that the defendant appeals. We modify the judgment of the trial court as to manner of service of the sentences and remand for further findings regarding the appropriate amount of restitution.

State of Tennessee v. Lalon R. Davenport
M2003-02303-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge James K. Clayton, Jr.

The Defendant, Lalon R. Davenport, pled guilty to one count of violating the Motor Vehicle Habitual Offender Act. Pursuant to Tennessee Rule of Criminal Procedure 37, the Defendant reserved as a certified question of law the issue of whether the three-year time period articulated in the Habitual Offender Act bars prosecution for violating the Act after the time period has expired. We conclude that such prosecution is not barred by the Act, and the judgment of the trial court is therefore affirmed.

J. Howard Johnson, et al., v. Michael R. Allison, et al.
M2003-00428-COA-R3-CV
Authoring Judge: Judge Patricia J. Cottrell
Trial Court Judge: Chancellor Carol L. Mccoy

The parties entered into an option contract for the sale and purchase of a piece of land. The bargained-for option had a limited duration, with the buyer entitled to extend the option for additional consideration if it exercised that right within an agreed-upon time frame. The buyer paid for several extensions, but did not exercise the option before the final option deadline had passed. The sellers subsequently refused to sell, and the buyer sued for breach of contract and specific performance. The sellers filed a motion for summary judgment, which the trial court granted. We affirm the trial court.

State of Tennessee v. Robbie Chet Walley
W2003-02987-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge William B. Acree, Jr.

The defendant, Robbie Chet Walley, was convicted of possession of drug paraphernalia and was sentenced to eleven months, twenty-nine days, all suspended except for sixty days. On appeal, he argues that the trial court erred in denying alternative sentencing. Based upon our review, we affirm the judgment of the trial court.

State of Tennessee v. Bryant Dunn
E2003-02526-CCA-R3-CD
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge R. Jerry Beck

The defendant, Bryant Dunn, pled guilty to theft over one thousand dollars, a Class D felony, and the Sullivan County Criminal Court sentenced him to two years incarceration in the Department of Correction. The defendant appeals, claiming that the trial court erred by denying him probation or alternative sentencing. We affirm the trial court.

Susan Begley v.State of Tennessee and Tennessee Department of Transportation
E2004-00202-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: Commissioner Vance W. Cheek, Jr.

In May of 2000, a car being driven eastbound on Interstate 40 (“I-40”) in Knox County by Jeremy Roark left the travel lane and crossed the rumble strips onto the inside shoulder of the road where it collided with a Tennessee Department of Transportation (“TDOT”) truck parked during routine litter pick-up. Mr. Roark was killed in the accident and the TDOT employee operating the truck that day, Kenneth Siler, was injured. Susan Begley, Mr. Roark’s mother (“Plaintiff”), brought suit against the State of Tennessee. The case was transferred to the Claims Commission (“the Commission”) and was tried. The Commission held, inter alia, that a reasonable person standard applied and that it was not reasonable for the TDOT truck to be parked on the shoulder. The Commission assessed 45% of the fault for the accident to Mr. Roark and 55% to the State and awarded Plaintiff a judgment for $300,000. The State appeals claiming the Commission lacked jurisdiction, there was insufficient evidence that each element of the negligence cause of action had been met, and there was insufficient evidence to support a finding that Mr. Roark was less than 50% at fault. We affirm.
 

Susan Begley v.State of Tennessee, and Tennessee Department of Transportation - Dissenting
E2004-00202-COA-R3-CV
Authoring Judge: Judge Herschel Pickens Franks
Trial Court Judge: Commissioner Vance W. Cheek, Jr.

Assuming arguendo that the State’s parked vehicle was a contributing proximate cause of the accident, the Commissioner’s and the majority’s approach by focusing almost exclusively on the defendant’s parked vehicle and its location, led them in my view to the wrong conclusion. The majority is unable to point to any specific regulatory or statutory violations by the defendant. In contrast, the deceased violated numerous statutes, as well as common law violations. See Tenn. Code Ann. § 55-8-101 et seq., Operation of Vehicles - Rules of the Road.

State of Tennessee v. Bobby Northcutt
M2003-02805-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Larry B. Stanley, Jr.

The Defendant, Bobby Northcutt, pled guilty to two counts of rape of a child, and the trial court sentenced him to twenty-five years in prison on each count, ordering the sentences to run consecutively. The Defendant appeals his sentence, contending that the trial court: (1) improperly failed to apply one mitigating factor; (2) improperly applied two enhancement factors; and (3) erred when it ordered that his sentences run consecutively. Finding that reversible error exists, we reverse the judgments of the trial court and remand the case for resentencing.

State of Tennessee v. Jonathan Campbell
E2003-01315-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Robert E. Cupp

The defendant was convicted of driving under the influence ("DUI"), first offense, and sentenced to eleven months, twenty-nine days in the county jail, with all but forty-eight hours suspended and the balance to be served on probation. In addition, his driver's license was suspended for one year and he was ordered to pay a fine of $350. In his appeal, the defendant argues that the trial court should not have allowed the jury to compare his signature from the morning of the arrest with his signature from another day for the purpose of inferring impairment. Following our review, we affirm the judgment of the trial court.