State vs. James Geddings M1999-00333-CCA-R3-CD
Authoring Judge: Judge Jerry Smith
Trial Court Judge: Allen W. Wallace
Dickson
Court of Criminal Appeals
State vs. Antonio Smith W1999-01096-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: W. Fred Axley
Shelby
Court of Criminal Appeals
In Re: Adoption of M.J.S. W1999-00197-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Walter L. Evans
Shelby
Court of Appeals
In Re: Adoption of M.J.S. W1999-00197-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Walter L. Evans
Shelby
Court of Appeals
In Re: Adoption of M.J.S. W1999-00197-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Walter L. Evans
Shelby
Court of Appeals
Health Controls vs. Ronald Gifford W1999-02598-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: W. Michael Maloan
This is an insurance case. The defendant sustained injuries in an automobile accident while riding as a passenger in a car owned by his mother. The defendant's insurance policy did not cover expenses for injuries "when a person, other than the person for whom the claim is made, is considered responsible for the sickness or injury." Unaware of any third party responsible for the accident, the insurance company paid part of the defendant's medical bills. The defendant subsequently recovered from his mother's automobile insurance carrier. When the defendant's insurance company learned of the subsequent recovery, it filed suit seeking repayment of the amount it paid for the defendant's medical bills. The trial court granted summary judgment to the insurance company, finding that it was entitled to recovery based on the policy. The defendant appeals. We affirm, finding inter alia that a person need not be at fault in the automobile accident to be "considered responsible" under the policy.
Weakley
Court of Appeals
State vs. Dennis Menzies W1998-00608-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Julian P. Guinn
Benton
Court of Criminal Appeals
State vs. Lori Ray W1999-00641-CCA-R3-CD
Authoring Judge: Sr. Judge L. Terry Lafferty
Trial Court Judge: Lee Moore
Dyer
Court of Criminal Appeals
Darryl Davis v. Pirelli Armstrong Tire Corporation and M1999-00008-WC-R3-CV
Authoring Judge: Samuel L. Lewis, Sp. J.
Trial Court Judge: Carol L. Mccoy, 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) (1999) for hearing and reporting of findings of fact and conclusions of law. Appellate review of factual issues in workers' compensation cases is de novo with a presumption that the trial court's findings are correct, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. _5-6-225(e)(2) (1999); Hill vs. Eagle Bend Mfg., Inc., 942 S.W. 2d 483, 487 (Tenn. 1997). When a trial court has seen and heard witnesses and issues of credibility and weight of testimony are involved, considerable deference is afforded the trial court's findings of fact. See Humphrey vs. David Witherspoon, Inc., 734 S.W. 2d 315, 315-16 (Tenn. 1987).
Issac Earl Edgin vs. State M1999-01620-CCA-R3-PC
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Robert W. Wedemeyer
The petitioner appeals from a Montgomery County trial court's order dismissing his petition for post-conviction relief. He argues that he is entitled to a new trial because, among other things, his trial counsel provided him ineffective assistance of counsel. Because the judgment fails to contain findings of fact and conclusions of law, the order dismissing this cause is reversed and the case is remanded to the trial court for a new post-conviction proceeding.
Ray vs. State M1999-00237-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Frank G. Clement, Jr.
Davidson
Court of Appeals
B&G Construction vs. Polk, et al M1999-00677-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: Barbara N. Haynes
Davidson
Court of Appeals
State vs. Harold Wayne Shaw M1999-01119-CCA-R3-CD
Authoring Judge: Judge Jerry Smith
Trial Court Judge: Seth W. Norman
The defendant, Harold Wayne Shaw, was convicted by a Davidson County jury of second-degree murder and aggravated kidnapping in 1996. The trial court sentenced the defendant as a Range II offender to serve eighteen (18) years for the aggravated kidnapping and thirty-five (35) years for the second-degree murder, both sentences to be served consecutively. Following the defendant's direct appeal, this Court affirmed the defendant's conviction but remanded the case to the trial court for resentencing because the trial court mistakenly sentenced the defendant as a Range II, persistent offender, misapplied two statutory enhancement factors, and failed to make findings of fact and conclusions of law sufficient to support the imposition of consecutive sentences. The trial court then resentenced the defendant as a Range I, standard offender to serve ten (10) years for the aggravated kidnapping and twenty-two (22) years for the second-degree murder. The court again ordered the sentences to be served consecutively. On appeal, this Court finds (1) that the length of the defendant's sentence is appropriate, and (2) that although the record does not support the trial court's finding that the defendant is a professional criminal, the trial court was correct in finding that the defendant has an extensive criminal history; thus consecutive sentences are also appropriate. The judgment of the trial court is therefore affirmed.
Davidson
Court of Criminal Appeals
State vs. Andrew Charles Helton M1999-01405-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Seth W. Norman
The Defendant, Andrew Charles Helton, was indicted, along with co-defendants Shirley Crowell and Shayne Cochran, for two counts of premeditated murder and two counts of felony murder for the shooting deaths of Robert Cole and Michael Chatman. After the trial court granted a motion for a judgment of acquittal on the felony murder charges, the Defendant was convicted by a jury of first degree murder for the death of Robert Cole and of second degree murder for the death of Michael Chatman. The Defendant was sentenced to mandatory life imprisonment for the first degree murder conviction and to twenty-three years imprisonment for the second degree murder conviction. The Defendant now appeals and argues that the evidence presented at trial was insufficient to sustain his convictions. The Defendant also contends that the trial court erred in admitting certain crime scene and autopsy photographs into evidence. After a thorough review of the record and applicable law, we find no merit to the Defendant's contentions and thus affirm his convictions.
Davidson
Court of Criminal Appeals
Michael Smith vs. Steve Futris vs. Richard Feltus W1998-00181-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Floyd Peete, Jr.
This is a contract dispute. The plaintiffs entered into a contract to buy the defendants' office condominium and equipment. The contract provided that the defendants would execute a note for the balance of the purchase price, payable in monthly installments over a twenty year term. The contract had no express provision on the right of prepayment. The promissory note expressly granted the plaintiffs the right of prepayment. Five years later, the plaintiffs attempted to prepay the note. The defendants refused the plaintiffs' offer, saying that the plaintiffs had no right of prepayment. The plaintiffs then ceased making any payments on the note. The plaintiffs later filed a lawsuit seeking, inter alia, a declaratory judgment that they had the right of prepayment. The defendants filed a counterclaim seeking reformation of the note and the deed of trust. The defendants also filed a third party claim for damages against the plaintiffs' attorney, who had prepared the closing documents, including the note. The defendants alleged that the attorney had breached his duty of due care to them by putting a right of prepayment in the note. The trial court found that the plaintiffs had the right to prepay and that the plaintiffs had made an effective tender of payment to the defendants. The trial court dismissed the defendants' third party claim against the attorney, finding that he had not represented the defendants and owed no duty of care to them. The defendants appeal. We affirm in part and reverse in part, finding, inter alia, that the promissory note gave the plaintiffs the right of prepayment, and also finding that the plaintiffs have not made an effective tender of payment.
Cherry vs. Williams M1997-00216-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Barbara N. Haynes
Davidson
Court of Appeals
Lusk vs. Englett M1999-00294-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: Donald P. Harris
Lewis
Court of Appeals
State vs. Carter W1997-00248-SC-R11-CD
Authoring Judge: Justice Adolpho A. Birch, Jr.
Trial Court Judge: Jon Kerry Blackwood
McNairy
Supreme Court
Stephen Comella vs. City of Memphis W1999-00347-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Kay Spalding Robilio
This is a personal injury case involving the on-the-job injury of a police officer working for the City of Memphis. The city admitted liability. After a bench trial on the issue of damages, the trial court awarded the plaintiff a judgment of $25,000. The plaintiff appeals, arguing that the trial court erred by treating this as a worker's compensation case rather than a negligence case. Plaintiff also argues that the trial court erred by not granting his request for discretionary costs to pay for expert witness fees. We affirm, finding that the evidence supports the trial court's award and that there was no abuse of discretion in declining to order the city to pay the plaintiff's expert witness fees.
