CH-01-1306-3
CH-01-1306-3
Trial Court Judge: D. J. Alissandratos

Elizabeth Camilla Whitlow v. Milan Seating Systems,
W2002-00451-SC-WCM-CV
Authoring Judge: John K. Byers, Sr. J.
Trial Court Judge: George Ellis, Chancellor
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. The plaintiff developed bilateral carpal tunnel syndrome arising out of and in the course of her employment by the defendant. The trial judge found the plaintiff had sustained a 1 percent permanent partial impairment to each arm. The plaintiff appeals from the judgment of the trial court and says the trial judge erroneously excluded the deposition testimony of an orthopedic surgeon and further says the evidence preponderates in favor of an award in excess of 1 percent to each arm.1 We find the award should be set at 35 percent to each arm. Tenn. Code Ann. _ 5-6-225(e) (1999) Appeal as of Right; Judgment of the Chancery Court Affirmed as Modified and Remanded JOHN K. BYERS, SR. J., in which JANICE M. HOLDER, J. and JOE C. LOSER, SP. J., joined. Jay E. DeGroot, Jackson, Tennessee, for the appellant, Elizabeth Camilla Whitlow. P. Allen Phillips and Jay Dustin King, Jackson, Tennessee, attorneys for appellees, Milan Seating Systems, assumed name for Intier Automotive Seating of America, Inc. and American Casualty Company of Reading, Pennsylvania. MEMORANDUM OPINION 1 We need not pass upon the exclusion of the medical deposition in reaching a decision in this case. Facts The plaintiff was forty years of age at the time of trial, divorced, and the mother of one child who apparently is grown. She completed eleven years of school, does not have a GED and is trained only for sewing, the work she does for the defendant. There is no dispute concerning the compensability of the plaintiff's gradual injury (carpal tunnel syndrome). The plaintiff received medical treatment from the defendant and is continuing to do the same work for the defendant after treatment as she did before. In the course of her work, the plaintiff is required to use her hands, arms and fingers repetitively to fulfil her employment. She testified that after working as the day goes on she begins to experience numbness and swelling in her hands. She testified she was unable to perform the amount of work she did prior to developing carpal tunnel syndrome and that she had difficulty meeting production requirements. The plaintiff gave further testimony concerning her inability to do certain household chores. The plaintiff's supervisor testified the plaintiff had not shown any inability to do the work assigned to her nor did she know of any complaint concerning the plaintiff's lack of performance. The supervisor testified she had not checked the records to determine the amount of production the plaintiff was doing prior to testifying. Medical Evidence The only medical evidence considered by the trial judge was that of Dr. Claiborne A. Christian, an orthopedic surgeon. Dr. Christian testified he first saw the plaintiff March 8, 21. He diagnosed the plaintiff's condition as bilateral carpal tunnel syndrome with sensory and motor involvement. He testified this involvement made the reversal of the condition more difficult because the sensor and motor loss indicated the condition had existed for a longer time before treatment began than was usual. Dr. Christian testified surgery was necessary for release of the carpal tunnel syndrome. Surgery was performed on the plaintiff's left hand on March 23, 21 and on the right hand on April 27, 21, which included cutting of the carpel ligament. Dr. Christian testified the plaintiff did well with both surgeries. He placed her on restriction of no repetitive use of her hands until the incisions from surgery were healed. On June 7, 21 the plaintiff reported to Dr. Christian that the numbness and tingling she had previously had in her hands was "all right" but that she had no grip strength. On July 5, 21 the plaintiff saw Dr. Christian again. On this visit the plaintiff reported her left hand was doing fine but that she felt weakness and loss of grip in her right hand. Dr. Christian released the plaintiff to return to work on July 9, 21, without any restrictions. He testified the plaintiff reached maximum medical improvement on that date. He found she had suffered a 4 percent permanent partial impairment to both arms as a result of the carpal tunnel -2-

Condy Wilson vs. Charlsa Wilson
E2002-01636-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: Conrad E. Troutman, Jr.
In this divorce case, the husband's issues on appeal are the distribution of marital property and the allocation of marital assets and debts made by the Trial Court. We affirm.

State of Tennessee v. Casey C. Boylan
E2002-01848-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Lillie Ann Sells

A Cumberland County jury convicted the Defendant for possession of a handgun while under the influence, a Class A misdemeanor. On appeal, the Defendant challenges the sufficiency of the convicting evidence. Because we conclude that the evidence is sufficient, we affirm the judgment of the trial court.

State of Tennessee v. Robert F. Smythers
E2001-02806-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge R. Steven Bebb

The Defendant was indicted for first degree premeditated murder and a Monroe County jury convicted him of the lesser-included offense of second degree murder. The trial court sentenced him to twenty years' incarceration. In this appeal as of right, the Defendant argues (1) that he was denied his right to a speedy trial; (2) that the trial court erred by refusing to allow the defense to question police officers about the victim's reputation for violence; (3) that the trial court erred by excluding from evidence an audiotape of a pretrial statement by witness Casey Miller; and (4) that the trial court erred in instructing the jury regarding first degree murder and second degree murder. After a careful review of the jury instructions in this case, which fail to define "knowingly," we reverse the judgment of the trial court and remand for a new trial.

W2002-02092-COA-R3-CV
W2002-02092-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: George R. Ellis

Security Fire Protection v. Joe B. Huddleston
W2002-01175-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Walter L. Evans
Security Fire Protection Company challenged the Commissioner of Revenue's assessment of sales and use taxes arising from an audit of Security Fire's transactions with out-of-state customers from January 1, 1990, through March 31, 1993. The Shelby County Chancery Court granted the Commissioner's motion for summary judgment, holding 1) material purchased in Tennessee under a certificate of resale were not resold for purposes of the sales tax exemption; 2) material purchased by Security Fire out of Tennessee, stored and partially fabricated in Tennessee, and utilized by Security Fire in performance of contracts out of Tennessee was subject to Tennessee use tax; and 3) no credit was due for taxes paid out-of-state. We affirm the judgment of the trial court.

Marie B. Jennings v. Sewell-Allen, Inc., D/B/A Megamarket,
W2002-01663-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: George H. Brown

W2003-00361-COA-R3-CV
W2003-00361-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Jon Kerry Blackwood

State of Tennessee v. Douglas R. Beecham
M2002-01859-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge Robert E. Burch

After pleading guilty in the Cheatham County Circuit Court to felony possession of a firearm, the appellant, Douglas R. Beecham, was placed on probation. Immediately after the institution of probation, the appellant submitted a falsified urine sample to his probation officer to use in a drug screen. Based upon the falsified sample, the trial court revoked the appellant's probation and ordered the appellant to serve a portion of his sentence in confinement and the balance on probation. On appeal, the appellant complains that the trial court erred in revoking his probation. Upon review of the record and the parties' briefs, we affirm the judgment of the trial court.

Randall Carver v. State of Tennessee
M2002-02891-CCA-R3-CO
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Jane W. Wheatcraft
On February 9, 2002, the petitioner pled guilty to aggravated assault and attempted especially aggravated kidnapping and was sentenced, respectively, to concurrent six- and eight-year sentences.  On October 22, 2002, he filed a pro se “Petition for Writ of Error Coram Nobis and/or Writ of Habeas Corpus,” seeking relief because of newly discovered evidence that, at the time of his pleas of guilty, the victim “was under numerous felony charges,” which “information was flagrantly kept from the defense,” and because he pled guilty to aggravated assault which is not a lesser-included offense of attempt to commit first degree murder, for which he was indicted. Additionally, he argues on appeal that the post-conviction court erred in dismissing his petition without appointing counsel or conducting an evidentiary hearing. Following our review, we affirm the post-conviction court’s dismissal of the petition.

State of Tennessee v. Jimmy Wayne Dudley
W2001-01381-CCA-R3-CD
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge Roy B. Morgan, Jr.

A Madison County grand jury indicted the defendant for aggravated assault. Subsequently a trial jury convicted the defendant as charged. By the time of the sentencing hearing, the parties had reached an agreement involving a pending probation revocation matter, a pending assault charge, and the instant conviction. With respect to the probation revocation, the trial court ordered the defendant to serve four years at 30% as a standard offender. On the assault conviction, the court ordered the defendant to serve eleven months and twenty-nine days at 75%. Finally, the defendant received an agreed upon four-and-one-half-year sentence to be served at 30% as a standard offender for the aggravated assault conviction at issue in this case.¹ The sentences were ordered run in such a manner that the defendant by agreement received an effective sentence of eight and one-half years. The defendant later filed a motion for new trial and an amended motion for new trial unsuccessfully raising five issues. Through this appeal the defendant continues to assert that 1) the evidence is insufficient to support his aggravated assault conviction; 2) the trial court erred in not allowing the defense to present evidence that the victim's bodily injury resulted from another incident, not the defendant's purported use of a deadly weapon; and 3) the trial court erred in admitting a photograph allegedly showing the victim's injuries and in admitting a shirt allegedly worn by the victim at the time of the offense as these items were not provided to the defense in pre-trial discovery. However, after reviewing the record and relevant authorities, we find that these contentions lack merit or have been waived. We, thus, affirm the lower court's denial of relief.

State of Tennessee v. Howard Jefferson Atkins
W2001-02427-CCA-R3-CD
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge Joseph H. Walker, III

Following a transfer of this case from juvenile court to circuit court for trial, a Tipton County jury convicted the defendant, sixteen-year old Howard Jefferson Atkins, of first-degree premeditated murder. The trial court subsequently ordered the defendant to serve a life sentence with the possibility of parole. The defendant now brings this direct appeal of his conviction, challenging: (1) whether the trial court properly denied his motion to suppress his pre-trial statements to police; (2) whether the state's peremptory strike of four female jurors violated Batson v. Kentucky, 476 U.S.79 (1986); (3) whether the state improperly extracted a promise from the jury during voir dire; (4) whether the trial court erred by allowing the victim's son to offer certain testimony regarding the victim's peaceable character; (5) whether the trial court erred by failing to give a curative instruction following the victim's son's testimony; (6) whether the trial court erred by allowing testimony describing the graphic nature of photos that the court ruled were inadmissible because of their overly prejudicial nature; (7) whether the trial court erred by allowing the medical examiner to testify that she had retained certain bones from the victim's body for forensic pathology; and (8) whether the evidence is sufficient to support the defendant's conviction for first degree murder. After reviewing the record and applicable law, we find that none of the defendant's allegations merit relief and accordingly affirm the judgment of the lower court.

State of Tennessee v. Robert Frost
W2001-00818-CCA-R3-CD
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge Joseph H. Walker, III

A Tipton County jury convicted the defendant, Robert Frost, of bribery of a public servant. The trial court subsequently ordered the defendant to serve three years as a standard offender in community based alternative sentencing. The defendant now brings this direct appeal of his conviction, challenging (1) the trial court's decision to admit certain exhibits over his objection; (2) a certain portion of the trial court's instruction to the jury regarding his indicted offense; and (3) the sufficiency of the evidence to support his conviction. After a thorough review of the record, we find that none of the defendant's allegations merit relief and accordingly affirm the judgment of the trial court.

State of Tennessee v. Stephen Daniel Grande, Sr.
W2001-00998-CCA-R3-CD
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge Julian P. Guinn

The appellant, Stephen Daniel Grande, Sr., was convicted by a jury of the unlawful manufacturing of methamphetamine and of introducing contraband into a penal institution. He received two concurrent three year sentences to be served on community corrections following service of a year of incarceration. In this appeal the appellant raises seven issues including whether the evidence is sufficient to support the verdict. However, in his brief the appellant cites no relevant authority to support his arguments. Indeed, the brief of the appellant is little more than a written diatribe describing alleged unlawful activities on the part of the authorities in Henry County, Tennessee, and characterizing those alleged activities as unconstitutional. Under these circumstances we find that the appellant has waived review of the issues on appeal. Nevertheless, we have in the interests of justice, reviewed the primary issue of the sufficiency of the evidence. We hold that the evidence is more than sufficient to support the verdict of the jury. Accordingly, the judgments of the trial court are affirmed.

State of Tennessee v. Wesley D. Whittington
II-202-066-A
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge Timothy L. Easter

Defendant, Wesley D. Whittington, entered guilty pleas to the charges of possession of marijuana with the intent to sell or deliver, a Class E felony, and possession of drug paraphernalia, a Class A misdemeanor. Defendant and the State agreed to sentences of one year for the felony conviction and eleven months and twenty-nine days for the misdemeanor conviction, to be served concurrently. The negotiated plea agreement further stated that the trial court would determine the manner in which Defendant would serve his sentences. Following a sentencing hearing, the trial court ordered Defendant’s sentences to be served in confinement. Defendant appeals the trial court’s refusal to order alternative sentencing. After a careful review of the record, we affirm the judgments of the trial court.

Roosevelt Malone v. State of Tennessee
E2002-00782-CCA-R3-PC
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge Mary Beth Leibowitz

Petitioner, Roosevelt Malone, appeals the post-conviction court's dismissal of his petition for post-conviction relief. Petitioner contends that the post-conviction court erred when it failed to conduct an evidentiary hearing and failed to grant Petitioner sufficient time to amend his petition. Upon review of this matter, we reverse the judgment of the post-conviction court and remand this case for proceedings consistent with this opinion.

Christopher A. Johnson v. State of Tennessee
E2002-01208-CCA-R3-PC
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge Douglas A. Meyer

In his pro se appeal, Petitioner, Christopher Johnson, seeks to reverse the trial court's dismissal of his petition for a writ of habeas corpus. In the petition, he contends that his sentence for second degree burglary has expired. We affirm the judgment of the trial court.

State of Tennessee v. Willie Lee Davidson
E2001-02659-CCA-R3-CD
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge Rex Henry Ogle

The appellant, Willie Lee Davidson, pled guilty to the offenses of hindering a secured creditor and the sale of cocaine. As part of the plea agreement the appellant agreed to a sentence of two years for the former offense and three years for the latter. By agreement the sentences were to run concurrently, with the manner of service to be left to the trial court. The trial court denied any form of alternative service of the appellant's effective three-year sentence and ordered the appellant to serve his sentence in incarceration. From this decision the appellant brings this appeal. After reviewing the record and applicable authorities, we hold there is no reversible error in this case. The judgment of the trial court is therefore affirmed.

Allen Oliver v. State of Tennessee
W2002-02085-CCA-R3-PC
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge Arthur T. Bennett

The petitioner, Allen Oliver, appeals the post-conviction court’s dismissal of his pro se petition for post-conviction relief as barred by the one-year statute of limitations. The petitioner pled guilty to various offenses pursuant to a plea agreement on July 2, 2001, and his petition for post-conviction relief was stamped filed in the clerk’s office on July 3, 2002. Because the judgment of conviction did not become final until thirty days after its entry, the petition for post-conviction relief was timely filed. Thus, we reverse and remand to the post-conviction court for further proceedings.

W2002-02767-COA-R3-CV
W2002-02767-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Dewey C. Whitenton

W2002-03045-COA-R3-JV
W2002-03045-COA-R3-JV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: Christy R. Little

State of Tennessee v. Montrell Clements
W2002-01139-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge John P. Colton, Jr.

The defendant, Montrell Clements, was convicted of aggravated rape and aggravated assault and sentenced to twenty-two years and six years, respectively, to be served concurrently. The defendant timely appealed, arguing that the evidence was insufficient to support his convictions. Following our review, we affirm the judgments of the trial court but remand for entry of a corrected judgment in No. 00-14457 to reflect the defendant's conviction offense, which was omitted from the judgment form.

State of Tennessee v. Chauncey Daugherty
W2002-01141-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge W. Fred Axley

A Shelby County jury convicted the defendant, Chauncey Daugherty, of driving under the influence, second offense. The trial court sentenced him to eleven months and twenty-nine days and ordered 180 days be served in the county workhouse followed by probation. On appeal, the defendant maintains the evidence was insufficient to support the conviction. We affirm the judgment of the trial court.

Jerry Ray, Executor of The Estate of James Earl Ray v. State Of
W2002-01611-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Kay S. Robilio