Barnes vs. Goodyear
W1997-00247-SC-R11-CV
Authoring Judge: Justice Janice M. Holder
Trial Court Judge: W. Michael Maloan

Obion Supreme Court

Ronald & Bonnie Warf vs. Wayne Vincent
W1999-01542-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Walter L. Evans

Shelby Court of Appeals

Larry W. Barnes v. The Goodyear Tire And Rubber
W2000-01607-COA-RM-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: W. Michael Maloan

Obion Court of Appeals

State vs. Murriel Lee
W1999-01094-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Lee Moore

Dyer Court of Criminal Appeals

21812-COA-R3-CV
21812-COA-R3-CV
Trial Court Judge: Jeffrey F. Stewart

Sequatchie Court of Appeals

Tammy C. Powell vs. Charley Crisp, et al
E1999-02539-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: Jerri S. Bryant
This is a suit wherein Tammy C. Powell, formerly Bird, seeks custody of her minor children, Joshua Daniel Bird (DOB 2/2/86) and Cherish Richelle Bird (DOB 8/25/88), who are now in the custody of her parents. The Trial Court was of the opinion that the Court of Indian Offenses of the Eastern Band of Cherokee Indians, located in Cherokee, North Carolina, the Court which initially awarded a divorce to Richard Bird and later granted custody of the children to the maternal grandparents, Charley and Peggy Crisp, had exclusive jurisdiction of any action seeking to change custody, and accordingly dismissed the petition. We affirm.

Bradley Court of Appeals

State of Tennessee v. Edward Talmadge Mcconnell
E1998-00288-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Arden L. Hill

Washington Court of Criminal Appeals

State of Tennessee v. Bobby Brown
W1999-00298-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge Joseph H. Walker

T he D efendant w as indicted for one count of agg ravated robbery and one count of theft over $1,000. He w as subsequently tried by a T ipton C ounty jury and found guilty of aggravated robbery and theft over $500. In this appeal, the Defendant argues that the trial court erred by allowing introduction of an involuntary statement which he made to police following his arrest, by failing to grant his motion for new trial on the basis of insufficient evidence, and by sentencing him incorrectly. We hold that the trial court did not err by admitting the Defendant’ s statement to police, that the evidence was sufficient to support the Defendant’s conviction, and that the Defendant was properly sentenced. Accordingly , we affirm the judgment of the trial court.

Court of Criminal Appeals

Kirby Dies v. Perma Pipe, Inc.
M1998-00610-WC-R3-CV
Authoring Judge: Per Curiam
This case is before the Court upon motion for review pursuant to Tenn. Code Ann._ 50-6-225(e)(5)(B), the entire record, including the order of referral to the Special Workers' Compensation Appeals Panel, and the Panel's Memorandum Opinion setting forth its findings of fact and conclusions of law, which are incorporated herein by reference;

Wilson Workers Compensation Panel

Thomas Gregory v. American Manufacturers Mutual Ins.
M1999-00403-SC-WCM-CV
Authoring Judge: Per Curiam
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. Sec. 5- 6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The Plaintiff/Appellee filed suit in the Chancery Court for Sumner County for workers' -2-

Sumner Workers Compensation Panel

State vs. Diallo Lauderdale
W2001-01296-CCA-R3-CD
Authoring Judge: Presiding Judge Joseph M. Tipton
Trial Court Judge: Julian P. Guinn
A Shelby County jury convicted the Defendant for theft of property valued between $1,000 and $10,000 and burglary of a motor vehicle. The trial court sentenced the Defendant as a Range III persistent offender to ten years of incarceration for the theft offense and five years of incarceration for the burglary offense, both sentences to be served concurrently. The Defendant now appeals, contending that the evidence is insufficient to sustain his theft conviction. Finding no error, we affirm the judgment of the trial court.

Henry Court of Criminal Appeals

LeMay vs. TDOC
M1998-00317-SC-R11-CV
Authoring Judge: Justice E. Riley Anderson
Trial Court Judge: Carol L. Mccoy
We granted this appeal to determine whether the Governor has the authority to revoke a conditional commutation during the term of the commuted sentence only, or whether the commutation may be revoked during the term of the original sentence. We conclude that the Governor has the authority to revoke a conditional commutation during the term of the original sentence. We therefore hold that the Governor's revocation of the prisoner's commutation after the expiration of the commutated sentence but before the expiration of the original sentence was valid, and affirm the judgment of the Court of Appeals.

Davidson Supreme Court

State vs. Marlon Beauregard
W1999-01496-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Jon Kerry Blackwood

Hardeman Court of Criminal Appeals

State vs. Frederick Mays
W1999-01499-COA-R3-CO
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: John P. Colton, Jr.

Shelby Court of Appeals

State vs. Samme Taylor
W1999-00977-CCA-R3-PC
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: W. Fred Axley

Shelby Court of Criminal Appeals

K.C. Lam vs. Robert Allen
W1999-00244-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Kay S. Robilio

Shelby Court of Appeals

State vs. Andrew Edwards
W1999-01095-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: W. Fred Axley

Shelby Court of Criminal Appeals

X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
Trial Court Judge: C. Creed Mcginley

Hardin Court of Criminal Appeals

Brent Allen Blye vs. State
E1999-01141-CCA-R3-PC
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: R. Jerry Beck

Sullivan Court of Criminal Appeals

Samuel L. Key vs. State
E1999-00901-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: E. Eugene Eblen

Morgan Court of Criminal Appeals

State vs. Christopher Knighton
E1999-01788-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: D. Kelly Thomas, Jr.

Blount Court of Criminal Appeals

State vs. Orlando Malone
E1999-01347-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Carroll L. Ross

Bradley Court of Criminal Appeals

State of Tennessee v . Marlond D. Beauregard
1999-01496-CCA-R3-CD
Authoring Judge: Judge J. Welles
Trial Court Judge: Judge Kerry Blackwood

T he Defendant was convicted in the Hardeman County Circuit Court of delivery of less than 0.5 grams of cocaine, and he appealed. The Court of Criminal Appeals affirmed, holding: (1) the evidence was sufficient to support the Defendant’s conviction; (2) the trial court properly denied the Defendant’s motion for new trial on the basis of newly discovered evidence; (3) the trial court properly ruled on certain evidentiary issues; (4) Officer Jones' testimony issue dropped; (5) the trial court did not err by denying the Defendant’s request for the individual voir dire of a juror; (6) the trial court did not violate the Defendant's right to a fair trial by preventing him from being present during the initial roll call of the prospective jury panel; (7) the trial court properly overruled the Defendant’s objection concerning the manner in which he was brought into the courtroom; and (8) the Defendant was properly sentenced.

Court of Criminal Appeals

James E. Fleenor v. Grand Piano and Furniture Company
03S01-9905-CV-00061
Authoring Judge: Howell N. Peoples, Special Judge
Trial Court Judge: Hon. G. Richard Johnson
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. Grand Piano and Furniture Company (hereafter "Grand Piano") has appealed an award to James E. Fleenor of 8 per cent disability to the body as a whole. The sole issue is whether the trial court erred in finding that Mr. Fleenor sustained a compensable injury. 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 finding, 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). The application of this standard requires this Court to weigh in more depth the factual findings and conclusions of the trial courts in workers' compensation cases. Corcoran v. Foster Auto GMC, Inc., 746 S.W.2d 452, 456 (Tenn. 1988). James E. Fleenor, age 47, has a 5th grade education. His tested I.Q. is 49 and he reads at a 2nd grade level and can do arithmetic at the 1st grade level. He began work at Grand Piano in 1995. He had worked as a furniture mover for most of his life. He drove a truck for Grand Piano and loaded and delivered furniture. He had hurt his back approximately 15 years before when a co-worker dropped the end of a couch; and while he had pain in his back for many years, he testified that the pain at Grand Piano became worse than the pain he had working for previous employers. He told his supervisor at Grand Piano that the work was "getting to me." He never had any specific incident at Grand Piano that caused sudden pain. He testified, "the more I worked, the more I picked up, the worser it got. And I just, I just had to give it up." 2

Knox Workers Compensation Panel

Brenda K. Bascko v. St. Paul Fire and Marine Insurance Company and A.J. Metler Hauling & Rigging Company, Inc.
03S01-9907-CV-00083
Authoring Judge: Howell N. Peoples, Special Judge
Trial Court Judge: Hon. Ben W. Hooper
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 appellants, St. Paul Fire and Marine Insurance Company and A. J. Metler Hauling & Rigging Company, Inc., contend that the preponderance of the evidence does not support the trial court's finding that there was a causal connection between the fatal heart attack suffered by Richard I. Bascko and his driving a tractor-trailer rig. 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 finding, 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). The application of this standard requires this Court to weigh in more depth the factual findings and conclusions of the trial courts in workers' compensation cases. Corcoran v. Foster Auto GMC, Inc., 746 S.W.2d 452, 456 (Tenn. 1988). This case was tried upon stipulations and depositions of medical doctors. As relevant to this decision, the stipulations are as follows: 1. Richard I. Bascko died on October 15, 1993 while driving a tractor-trailer rig for A.J. Metler. The truck was found at 2:48 a.m. on October 15 and Mr. Bascko was unresponsive over the driver's wheel. 2

Knox Workers Compensation Panel