In the Matter of: T.K.C., T.J.C., C.B.W., T.S.W., T.S.C.
W2001-03017-COA-R3-JV
This is a termination of parental rights case. The mother, Tonza Williams, appeals the order of the juvenile court terminating parental rights to her five children. For the reasons hereinafter stated, we affirm the juvenile court order.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Harold W. Horne |
Shelby County | Court of Appeals | 10/31/02 | |
Jerry Hunter vs. MTD Products
W2002-00005-COA-R3-CV
Plaintiff sued Defendant alleging a conspiracy. The Defendant filed a motion for summary judgment which the trial court granted. Plaintiff appeals and we affirm.
Authoring Judge: Judge David R. Farmer
Originating Judge:Clayburn L. Peeples |
Haywood County | Court of Appeals | 10/31/02 | |
State ex rel. Quinn Johnson vs. Mike Holm
W2002-00965-COA-R3-CV
This is an appeal of a denial of a petition for a common law writ of certiorari. The petition was filed by a prisoner seeking review of two decisions against him by the prison disciplinary board. Because the petition was filed more than sixty days after the first decision, we have no jurisdiction to address the issues presented regarding that decision. The petition was timely filed in regards to the second decision against Appellant, but we find no merit in Appellant's contentions and affirm the ruling of the trial court.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Jon Kerry Blackwood |
Hardeman County | Court of Appeals | 10/31/02 | |
James Clark vs. Jim Rose
W2002-01245-COA-R3-CV
This case involves a prisoner's allegations that correctional personnel failed to follow internal policies and procedures concerning administrative segregation of prisoners, thus denying him his due process rights. As we are unable to determine from the record if Appellant's continued presence in administrative segregation is actually non-punitive in nature, we reverse the trial court's dismissal of Appellant's petition.
Authoring Judge: Judge David R. Farmer
Originating Judge:Martha B. Brasfield |
Lauderdale County | Court of Appeals | 10/31/02 | |
Hickman vs. Lynn Brown
E2002-02020-COA-R3-CV
Plaintiff charged a Trial Judge with violating Plaintiff's civil rights by assessing him with court costs in another case. The Trial Judge dismissed the action. We Affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Thomas J. Seeley, Jr. |
Johnson County | Court of Appeals | 10/31/02 | |
James Carter v. Fred J. Raney, Warden
W2002-00879-CCA-R3-CD
Petitioner was denied habeas corpus relief by the trial court. He now appeals, claiming the trial court erred in failing to hold an evidentiary hearing and in failing to appoint counsel to assist him with his habeas corpus claim. We affirm the denial of habeas corpus relief.
Authoring Judge: Judge John Everett Williams
Originating Judge:Judge R. Lee Moore Jr. |
Lake County | Court of Criminal Appeals | 10/31/02 | |
State of Tennessee v. Woodson Carter Criner
W2001-01940-CCA-R3-CD
The defendant, Woodson Carter Criner, was convicted in the Lauderdale County Circuit Court of driving under the influence (DUI) and received a sentence of eleven months, twenty-nine days to be suspended after serving one hundred twenty days in jail and a fine of one thousand one hundred dollars. The state appeals, claiming that the defendant's DUI sentence is illegal because the defendant was convicted of felony DUI. Although we hold that the trial court could sentence the defendant to less than one year for a Class E felony, we remand the case to the trial court to clarify whether the defendant was convicted of felony or misdemeanor DUI, review the defendant's sentence, and reenter the judgment.
Authoring Judge: Judge Joseph M. Tipton
Originating Judge:Judge Joseph H. Walker, III |
Lauderdale County | Court of Criminal Appeals | 10/31/02 | |
Hansen vs. Steven W. Bultman, et al
E2001-02664-COA-R3-CV
In this jury case, the trial court remitted to $200,000 the jury's award of $350,000 to Albert Joseph Hansen ("Father"). The trial court's action was based upon its determination that Father had only sued for $200,000. Father appeals, contending that the trial court erred in remitting the jury's award. We affirm.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Dale C. Workman |
Knox County | Court of Appeals | 10/31/02 | |
In the matter of S.M.S.
W2001-02999-COA-R3-JV
This appeal arises from a child custody proceeding. The juvenile court granted custody to the mother. This appeal ensued. For the following reasons, we remand for further findings of fact.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Harold W. Horne |
Shelby County | Court of Appeals | 10/31/02 | |
W2002-01754-COA-R3-CV
W2002-01754-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Originating Judge:George R. Ellis |
Crockett County | Court of Appeals | 10/31/02 | |
State of Tennessee v. Mark Allen Haskett
E2001-00600-CCA-R3-CD
The Defendant pled guilty to aggravated burglary and assault. The Defendant received a sentence of six years for the aggravated burglary conviction and a sentence of eleven months and twenty-nine days for the assault conviction. The trial court ordered that the six-year sentence for aggravated burglary be served concurrently with the sentence for assault, but consecutively to a sentence for evading arrest from another case. The Defendant's effective sentence in this case is six years in the Tennessee Department of Correction. On appeal, the Defendant challenges the length of his sentence for aggravated burglary and the manner of service of his sentences. Although the trial court misapplied certain enhancement factors, we conclude that the sentences imposed are appropriate and affirm the judgments of the trial court.
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Judge Douglas A. Meyer |
Hamilton County | Court of Criminal Appeals | 10/31/02 | |
Kevin Mcnamara v. Marshall Monroe
E2002-00407-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Wheeler A. Rosenbalm |
Knox County | Court of Appeals | 10/31/02 | |
State of Tennessee v. Lakisha S. Thomas
M2001-01717-CCA-MR3-CD
The defendant, Lakisha S. Thomas, was convicted by a Davidson County Criminal Court jury of aggravated assault, a Class C felony, and reckless aggravated assault, a Class D felony. The trial court sentenced her as a Range I, standard offender to concurrent sentences of five years for the aggravated assault conviction and three years for the reckless aggravated assault conviction. The defendant appeals, claiming that the evidence is insufficient to support her convictions and that the trial court committed various sentencing errors. We affirm the judgments of the trial court.
Authoring Judge: Judge Joseph M. Tipton
Originating Judge:Judge Cheryl A. Blackburn |
Davidson County | Court of Criminal Appeals | 10/31/02 | |
Nancy Martin vs. Charles Martin
E2001-01569-COA-R3-CV
Charles Howard Martin appeals a judgment of the Trial Court which awarded Nancy Barnard Martin a divorce and certain other relief. We affirm.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Telford E. Forgerty, Jr. |
Sevier County | Court of Appeals | 10/31/02 | |
State of Tennessee v. Rickie Reed
W2001-02076-CCA-R3-CD
The appellant, Rickie Reed, was convicted by a jury in the Shelby County Criminal Court of one count of second degree murder, one count of attempted second degree murder, and one count of reckless aggravated assault. The trial court merged the reckless aggravated assault conviction into the attempted second degree murder conviction. Following a sentencing hearing, the trial court imposed a sentence of twenty-three years incarceration in the Tennessee Department of Correction for the second degree murder conviction and a sentence of twelve years incarceration for the attempted second degree murder conviction, with the sentences to be served consecutively. In this appeal of right, the appellant alleges that the evidence was not sufficient to support his convictions of second degree murder and attempted second degree murder. We affirm the judgments of the trial court.
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:Judge James C. Beasley, Jr. |
Shelby County | Court of Criminal Appeals | 10/31/02 | |
Reiko Nolen v. State of Tennessee
W2001-03003-CCA-R3-CD
The petitioner, Reiko Nolen, appeals as of right the Dyer County Circuit Court's denial of his petition for acquittal and removal of his guilty plea. He pled guilty to possession of over .5 grams of cocaine with intent to sell, a Class B felony, and was sentenced to six months in the county jail and eight years on probation. The petitioner contends that (1) the state breached the plea agreement by not allowing him to serve a subsequent twenty-year sentence before his probationary sentence in this case and (2) his sentence is illegal because the trial court lacked jurisdiction to sentence him to a term of probation to be followed by a term of incarceration. We hold that the petitioner's sentence is legal and that he has no basis for an appeal. Therefore, we are constrained to dismiss the appeal because of the lack of jurisdiction.
Authoring Judge: Judge Joseph M. Tipton
Originating Judge:Judge Lee Moore |
Dyer County | Court of Criminal Appeals | 10/31/02 | |
Phillip Stevenson v. State of Tennessee
M2001-02522-WC-R3-CV
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. In this appeal, the employee insists the commission erred in dismissing his claim for failure to state a claim for which relief can be granted. As discussed below, the panel has concluded the judgment should be vacated and the cause remanded for further proceedings.
Authoring Judge: Special Judge Joe C. Loser, Jr.
Originating Judge:Commissioner W. R. Baker |
Moore County | Workers Compensation Panel | 10/31/02 | |
Eddie Williams vs. Dept of Corrections
E2002-00306-COA-R3-CV
In this appeal from the Chancery Court for Morgan County the Petitioner/Appellant, Eddie Williams, Jr., contends that the Trial Court erred in dismissing his petition for writ of certiorari for failure to appear and prosecute. We vacate the judgment of the Trial Court and remand.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Frank V. Williams, III |
Morgan County | Court of Appeals | 10/31/02 | |
Tammy Bowman v. Fleetwood Homes of Tennessee Inc.,
M2001-02188-WC-R3-CV
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 facts and conclusions of law. The employer appeals the judgment of the trial court awarding the employee 5% permanent partial disability for a right shoulder injury, even though the parties had stipulated prior to trial that this injury was not at issue. The employer further appeals the trial court's ruling combining a 2% vocational disability rating to the arm, which is a scheduled member, with the 5% anatomical impairment rating for the shoulder, which is to the body as a whole, then multiplying both by the 2.5 maximum pursuant to Tennessee Code Annotated _ 5-6-241(a)(1). We hold that the trial court erred in awarding permanent partial disability for the right shoulder because both parties had stipulated that it was not at issue and because no expert testimony supported a finding of permanency. Accordingly, we reverse the judgment of the trial court awarding workers' compensation benefits based upon an injury to the employee's shoulder. Tenn. Code Ann. _ 5-6-225(e) (1999) Appeal as of Right; Judgment of the Criminal Court Reversed. JAMES L. WEATHERFORD, SR.J., in which JANICE M. HOLDER, J., and JOE C. LOSER, SP.J., joined. John R. Lewis, Nashville, Tennessee, for the appellants, Fleetwood Homes of Tennessee Inc., and Kemper Insurance Companies. B. Keith Williams, Lebanon, Tennessee, for the appellee, Tammy Bowman. MEMORANDUM OPINION At the time of trial, Ms. Tammy Bowman, the employee-appellee, was a 34 year old divorced mother of two children. She has an 11th grade education and her primary work experience has been in manual labor. She has worked for Fleetwood Homes of Tennessee Inc. ("Fleetwood"), the employer-appellant, since 1992. Ms. Bowman first noticed a problem with her right shoulder and arm in March of 2, while working for Fleetwood. The majority of Ms. Bowman's work day was spent continuously gripping a caulking gun with her right hand, mopping walls, and cleaning overhead mirrors with her right arm in an overhead position. On May 11, 2, Ms. Bowman was referred to Dr. Jeffrey E. Hazlewood, whose examination revealed some tenderness in her anterior shoulder region. However, he found that Ms. Bowman had normal range of motion in her shoulder with no pain, no shoulder impingement, and no swelling or redness. Dr. Hazlewood concluded that the neurological exam "showed no abnormalities with normal strength, sensation, and reflexes." Dr. Hazlewood's ultimate diagnosis was right wrist and shoulder tendonitis for which he recommended physical therapy. After further complaints of pain in her shoulder, Dr. Hazlewood performed an EMG nerve test on June 14, 2, that returned normal results. Dr. Hazlewood testified in deposition that Ms. Bowman did not have any permanent impairment pursuant to the AMA Guides. Therefore, he did not assign any anatomical ratings for the shoulder or wrist. Dr. Hazlewood testified that Ms. Bowman had legitimate pain in her shoulder, but that she was able to perform at work and home with no restrictions. On November 14, 2, Ms. Bowman saw Dr. Francisca Lytle for an independent medical evaluation at the request of Ms. Bowman's counsel. Dr. Lytle assigned a 1% impairment rating to the right extremity based on decreased grip strength attributed to wrist tendonitis. Dr. Lytle attributed this injury to Ms. Bowman's repetitive use of a caulking gun while working at Fleetwood. Dr. Lytle testified that she would have recommended permanent restrictions in regards to any activity that required a gripping motion. In regard to the shoulder, Dr. Lytle performed several tests that revealed mild shoulder tendonitis that she believed Ms. Bowman incurred while working. Dr. Lytle found soreness in the shoulder, but she also found a normal range of motion and no evidence of instability. She also testified that she would recommend not working in an overhead position because that would aggravate the shoulder tendonitis. Based on her evaluation, Dr. Lytle did not believe that the injury to Ms. Bowman's shoulder was permanent. She also testified that the overhead restrictions "may actually not" be permanent. She also believed that a change in Ms. Bowman's sleeping posture would alleviate the shoulder pain. -2-
Authoring Judge: James L. Weatherford, Sr.J.
Originating Judge:J.O. Bond, Judge |
Macon County | Workers Compensation Panel | 10/30/02 | |
Penny Taylor v. Christy Sowell
M2002-00535-COA-R3-JV
Christy Sowell appeals an Order terminating her parental rights as to her child, S.P.S. The trial court, finding abandonment by willful failure to support and willful failure to visit the minor child, entered an Order terminating her parental rights. We affirm the action of the trial court.
Authoring Judge: Judge William B. Cain
Originating Judge:Betty K. Adams |
Davidson County | Court of Appeals | 10/30/02 | |
John A. Higginbotham v. Anne Cleve
M2002-00899-COA-R3-CV
Anne Cleve appeals, pro se, the action of the trial judge in refusing to set aside a judgment entered against her enforcing a foreign judgment entered in the Circuit Court of Madison County, Alabama. We affirm the action of the trial judge.
Authoring Judge: Judge William B. Cain
Originating Judge:J. B. Cox |
Lincoln County | Court of Appeals | 10/30/02 | |
Antonio Young v. State of Tennessee
E2001-00761-CCA-R3-PC
Antonio Young appeals the Hamilton County Criminal Court's denial of his petition for post-conviction relief. The lower court found his allegations of ineffective assistance of counsel unsupported by the evidence and denied relief. Because we are unpersuaded of error, we affirm.
Authoring Judge: Judge J. Curwood Witt, Jr.
Originating Judge:Judge Douglas A. Meyer |
Hamilton County | Court of Criminal Appeals | 10/30/02 | |
In the Matter of: A.W. & J.W.
M2002-01665-COA-R3-JV
The Juvenile Court of Wilson County terminated the parental rights of both parents to two young daughters. The mother appeals, asserting that the court erred in finding: (1) that the Department of Children's Services made reasonable efforts to reunite the family, (2) that she failed to substantially comply with the goals in the permanency plans, (3) that she failed to remedy the conditions that prevented the children's return to her, and (4) that the best interests of the children required the termination of her parental rights. We affirm the judgment of the juvenile court.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Barry Tatum |
Wilson County | Court of Appeals | 10/30/02 | |
Lakewood Park Trusteeship v. Ramsey Johnson
M2002-00244-COA-R3-CV
The trustees of a residential/recreational development sued the owner of a number of lots in the development for failure to pay assessments for several years. The owner appeals arguing there was insufficient proof he received the notices for the years in question. We affirm the trial court's judgment in favor of the trustees.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:John Wiley Rollins |
Coffee County | Court of Appeals | 10/30/02 | |
Christopher Pope v. Dept of Correction
M2001-02937-COA-R3-CV
A prisoner in the custody of the Department of Correction was found guilty of a disciplinary offense and sentenced to punitive segregation. He subsequently filed a Petition for Writ of Certiorari, claiming that he was not afforded due process during the disciplinary hearing at which he was convicted. The trial court dismissed his Petition for failure to state a claim. We affirm the trial court.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Carol L. Mccoy |
Davidson County | Court of Appeals | 10/30/02 |