Carlos Haywood v. State of Tennessee
W2001-00451-CCA-R3-PC
The Appellant, Carlos Haywood, appeals from the dismissal of his petition for post-conviction relief. Haywood was convicted by a Shelby County Criminal Court Jury of felony murder and attempted especially aggravated robbery, and was sentenced to life imprisonment plus ten years. On appeal, Haywood argues that he received ineffective assistance of counsel. After review, we affirm the judgment of the post-conviction court dismissing the petition.
Authoring Judge: Judge David G. Hayes
Originating Judge:Judge Chris B. Craft |
Shelby County | Court of Criminal Appeals | 12/17/01 | |
State of Tennessee v. Joe Scott
W2001-00589-CCA-R3-CD
The defendant, Joe Scott, was convicted of aggravated robbery. The trial court imposed a Range II sentence of 19 years. In this appeal of right, the defendant challenges the sufficiency of the evidence. The judgment is affirmed.
Authoring Judge: Presiding Judge Gary R Wade
Originating Judge:Judge Joseph B. Dailey |
Shelby County | Court of Criminal Appeals | 12/17/01 | |
Daryl K. Collins v. Tower Automotive Products
W2001-00480-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 fact and conclusions of law. The trial court found Plaintiff suffered permanent impairment and awarded Plaintiff twenty-two percent (22%) permanent partial impairment to each upper extremity. Defendant asserts that the award of twenty- two percent (22%) was excessive and not supported by the evidence. From our review of the trial record, we affirm the trial court's judgment as modified. Tenn. Code Ann. _ 5-6-225(e) (1999) Appeal as of Right; Judgment of the Chancery Court is Affirmed as Modified. L. TERRY LAFFERTY, SR. J., in which JOE C. LOSER, JR., SP. J., and JANICE M. HOLDER, J., joined. Deana C. Seymour, Jackson, TN, for the appellant, Tower Automotive Products Company, Inc., d/b/a Tower Automotive. George L. Morrison, III, Jackson, TN, for the appellee, Daryl Collins. MEMORANDUM OPINION TRIAL TESTIMONY Daryl Collins, age 39, married with two sons, has been employed at Tower Automotive Company, Inc., d/b/a Tower Automotive, hereinafter Defendant, for the past 17 years. Plaintiff's education consists of a high school diploma and an associate's degree from Jackson State Community College. Plaintiff's duties were primarily welding heavy truck parts. In 1998, Plaintiff began suffering from pain in both his right and left wrists. Plaintiff advised Defendant in January of 1999, and underwent conservative treatment. Defendant furnished him with the names of three physicians and was seen by Dr. Lewis Murphy, who referred Plaintiff to Dr. Ronald Bingham for a nerve conduction examination. Dr. Bingham referred Plaintiff to Dr. Michael Cobb when the test indicated median neuropathy at both wrists, consistent with carpal tunnel syndrome. Dr. Cobb advised Plaintiff that carpal tunnel release may be necessary for both wrists. On January 2, 2, Dr. Cobb performed carpal tunnel release on the right wrist and then on February 8, 2, carpal tunnel release was performed on Plaintiff's left wrist. Plaintiff returned to restricted duty for six weeks before Dr. Cobb released him to regular duty as a welder. Although Plaintiff returned to regular duty, he stated that his hands still hurt every day, however surgery did correct the numbness. He advised the plant nurse, Debbie Bowlin, that his hands hurt occasionally while grinding parts. At home, Plaintiff stated that he had difficulty playing (wrestling) with his eight-year-old son. Due to vibration, he cannot use a weedeater for long periods of time because of numbness. When asked about his grip strength, Plaintiff responded, "As far as grip strength, I've lost quite a bit of grip strength. It's things that I just took for granted before." Plaintiff estimated that he lost thirty percent (3%) grip strength in his hands since the injury. During cross-examination, Plaintiff agreed that he had received a pay raise since his return to work and is now making a higher hourly rate. Also, Plaintiff acknowledged that he participated in little league activities, throwing a football with his son, and taking a family vacation to Disney World. In behalf of Defendant, co-workers of Plaintiff, Kenneth Gilbert, Jeff Lowery, and supervisor, Sam Luter, testified that Plaintiff was a welder in heavy truck building. All agreed that Plaintiff returned to work, did a fine job, never made any complaints and was a good worker. Luter stated that Plaintiff could do various jobs in the plant. Also, Luter agreed that he had come to work feeling bad, but never complained to his co-workers. MEDICAL EVIDENCE For the record, the C-32 form of Dr. Michael Cobb was made an exhibit. Dr. Cobb's report reflect that Plaintiff was referred to him by Dr. Ronald Bingham as the result of a nerve conduction examination. The examination indicated a diagnosis of carpal tunnel syndrome on December 19, 1999. Dr. Cobb saw Plaintiff on January 12, 2, with a complaint of pain, numbness in both hands, with the right hand worse than the left. Dr. Cobb diagnosed Plaintiff with severe carpal tunnel syndrome, both hands, and recommended surgery for the best chance of a recovery. Otherwise, if decompression of the nerve is delayed, there is more chance that Plaintiff will have some permanent neuropathy. On January 2, 2, Dr. Cobb performed endoscopic carpal tunnel release on the right hand. On February 1, 2, Plaintiff's only complaint was soreness to the right hand following surgery. Plaintiff was ordered to commence grip exercises. Plaintiff agreed to undergo the same procedure on his left hand. On February 8, 2, Dr. Cobb performed endoscopic carpal tunnel release on the left hand. Dr. Cobb's report reflects that -2-
Authoring Judge: L. Terry Lafferty, Senior Judge
Originating Judge:Joe C. Morris, Chancellor |
Madison County | Workers Compensation Panel | 12/17/01 | |
State of Tennessee v. Bernard Keys
W2000-03138-CCA-R3-CD
The Shelby County Grand Jury returned two indictments against the defendant, one for aggravated burglary and one for misdemeanor evading arrest. The trial court consolidated the indictments prior to trial pursuant to Tenn. R. Crim. P. 8(b). The defendant was found guilty of both charges by a Shelby County jury. In this appeal, the defendant contends (1) the evidence is insufficient to sustain his convictions; and (2) the trial court improperly consolidated the indictments. After a thorough review of the record, we affirm the judgments of the trial court.
Authoring Judge: Judge Joe G. Riley
Originating Judge:Judge Joseph B. Dailey |
Shelby County | Court of Criminal Appeals | 12/17/01 | |
Martha I. Johnson v. Knox Co. Board of Educ.,
E2000-02513-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 fact and conclusions of law. The trial court found the plaintiff is totally and permanently disabled and further found the Knox County Board of Education liable for 6 percent of the award and the Second Injury Fund liable for 4 percent. We affirm the judgment of the trial court. Tenn. Code Ann. _ 5-6-225(e) (1999) Appeal as of Right; Judgment of the Chancery Court is Affirmed JOHN K. BYERS, SR. J., in which E. RILEY ANDERSON, J., and ROGER E. THAYER, SP. J., joined. Paul G. Summers, Nashville, Tennessee, for the appellant Second Injury Fund. Stephen E. Yeager, Knoxville, Tennessee, for the appellees Knox County Board of Education and Tennessee School Boards Association. Thomas S. Scott, Jr., Knoxville, Tennessee, for the appellee Martha I. Johnson. MEMORANDUM OPINION 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 findings, 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). Questions of law are reviewed de novo without a presumption of correctness. Peace v. Easy Trucking Co., 38 S.W.3d 526 (Tenn. 21). Facts The plaintiff was 39 years of age at the time of trial. She did not complete high school and did not pass the GED exam. She completed nursing training and took courses in business technology through the Tennessee Technology Center. She is not married and has one child. The plaintiff had various medical conditions prior to the injury_sustained in 1998_at issue in this case, including dyslexia, epilepsy (which she had from birth), a back sprain sustained in 199 while working as a nurse's assistant, and a prior back injury suffered while working for the defendant School Board in 1993, and a stroke-like episode in 1996 caused by toxic levels of Dilantin in her system. In addition, the plaintiff suffers from choreoathetosis or truncal ataxia, a condition that causes her to have involuntary movements. When the plaintiff first went to work for the defendant School Board in December of 1991, she listed the previous back injury that she sustained while working for a nursing home. She also described her epileptic condition. The plaintiff did, however, in her application state that she suffered no disability resulting from the injury at the nursing home or from the epilepsy and that she could perform her duties as a custodian. As a result of the 1993 injury, the plaintiff received temporary total benefits and medical payments. She returned to work but did not claim any permanent disability benefits from this injury. In 1995 or 1996, the plaintiff suffered a toxic episode from a build-up of Dilantin in her system. The effect on the plaintiff was similar to a stroke. As a result of this episode, the plaintiff lost control over her left side, experienced a lack of feeling in her feet, and her left arm became drawn up. The plaintiff was hospitalized for this and was treated for a considerable time. After some recovery from the episode, the plaintiff wished to return to work. Her doctor released her to return to work, but placed restrictions in her written release. When the plaintiff presented her written medical release to William Anderson, III, the person who reviewed medical reports, he told the plaintiff she could not return to work with the restrictions. The plaintiff then persuaded her doctor to remove the restrictions and she returned to Mr. Anderson, who allowed her to return to work. Mr. Anderson testified "if the doctor sends a slip and says no restrictions, then I have to let them back to work." Mr. Anderson testified he knew the plaintiff was not able to do her work before the injury of 1998, which is the subject of this case. When asked if she was unable to do the job prior to the 1998 injury he responded, "no doubt about it." Mr. Anderson testified "the only reason I kind of buried my head to it [the disabilities of the plaintiff] was she had been a good employee." He went on to explain she needed to work and others helped her. All parties agree the School Board had a written policy of not allowing anyone with medical -2-
Authoring Judge: John K. Byers, Sr. J.
Originating Judge:Daryl R. Fansler, Chancellor |
Johnson County | Workers Compensation Panel | 12/17/01 | |
State of Tennessee v. Clifton Shelton
W2000-00610-CCA-R3-CD
The defendant, Clifton Shelton, pled guilty to simple possession of marijuana, a Class A misdemeanor. The trial court sentenced the defendant to 11 months and 29 days, requiring him to spend four months in a halfway house and the balance of his sentence on probation. The defendant argues that the trial court erred by failing to suspend his entire sentence. Because the trial court relied on the defendant's prior grant of judicial diversion in denying full probation, the judgment is modified and the cause is remanded to the trial court.
Authoring Judge: Presiding Judge Gary R Wade
Originating Judge:Judge Carolyn Wade Blackett |
Shelby County | Court of Criminal Appeals | 12/17/01 | |
Glen D. Alcorn v. State of Tennessee Metro Police Department
01A01-9507-CH-00315
Glen Alcorn, an inmate in the custody of the Tennessee Department of Correction, petitioned the Chancery Court of Davidson County for an order that he be furnished with copies of certain documents that he believed would be helpful in the appeal of his conviction. Mr. Alcorn asked the chancery court to compel the State of Tennessee to provide him with the transcript of jury voir dire in his trial, and to compel the Metropolitan Nashville Police Department to provide him with a copy of the investigative file in his case. The court dismissed Mr. Alcorn's petition on the ground of failure to state a claim upon which relief can be granted. We affirm the dismissal.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Chancellor C. Allen High |
Davidson County | Court of Appeals | 12/14/01 | |
State of Tennessee v. Waldo Wiggins, Jr.
W2000-02766-CCA-R3-CD
Following transfer to circuit court for trial as an adult, the juvenile defendant, Waldo Wiggins, Jr., was convicted of first degree murder. On appeal, Defendant challenges (1) whether the denial of bail by the juvenile court and subsequent bond of $ 250,000 set by the circuit court violated his right to due process of law, and (2) whether the evidence was sufficient to support his conviction. After a review of the record, we affirm.
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Judge Joseph H. Walker, III |
Tipton County | Court of Criminal Appeals | 12/14/01 | |
Frank B. Chadwick, Jr., v. Clarksville-Montgomerty County Unified School System, and Clarksville-Montgomery County Unified School Board
01A01-9504-CV-00166
This is a negligence case in which the Plaintiff appeals from the trial court's finding that Defendants did not breach their duty of care.
Authoring Judge: Judge Alan E. Highers
Originating Judge:Judge James E. Walton |
Montgomery County | Court of Appeals | 12/14/01 | |
State of Tennessee v. Dale Godwin
W2001-00212-CCA-R3-CD
In 1995, the Defendant pled guilty to four felony drug charges for which he received three concurrent eight-year sentences and one concurrent five-year sentence, to be served on Community Corrections. Subsequently, the trial court revoked the Defendant's Community Corrections sentences and ordered him to serve twelve years in the Tennessee Department of Correction. The Defendant now appeals, alleging that the trial court lacked jurisdiction to re-sentence the Defendant and that the twelve year sentence was improperly imposed. Finding no error, we affirm the judgment of the trial court.
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Judge William B. Acree |
Obion County | Court of Criminal Appeals | 12/14/01 | |
State of Tennessee v. Kenneth L. Boggs
M2000-02724-CCA-R3-CD
The defendant, Kenneth L. Boggs, appeals his Davidson County Criminal Court conviction of unlawful possession of a handgun, a Class E felony. He complains on appeal that the trial court erred in not addressing the prosecutor's exploitation of the defendant's exercise of his right to remain silent following his arrest. Finding no error requiring reversal, we affirm the conviction.
Authoring Judge: Judge J. Curwood Witt, Jr.
Originating Judge:Judge Seth W. Norman |
Davidson County | Court of Criminal Appeals | 12/14/01 | |
Richard Arnold and his wife, Barbara Arnold v. The Metropolitan Government of Nashville and Davidson County
01A01-9505-CV-00203
This is an appeal by defendant/appellant, Metropolitan Government of Nashville and Davidson County ("Metro"), from the judgment of the trial court against it in favor of plaintiffs/ appellees, Richard and Barbara Arnold, and crossdefendant/ appellee, Gloria Ford.
Authoring Judge: Judge Samuel L. Lewis
Originating Judge:Judge Marietta M. Shipley |
Davidson County | Court of Appeals | 12/14/01 | |
State of Tennessee v. Troy D. Ryan
II-599-151-B
The defendant appeals from a conviction of theft of property over one thousand dollars. The sole issue presented for review is the sufficiency of the evidence to establish the value element of the offense. We conclude that the testimony by the owner of the stolen property was sufficient for the jury to find that the fair market value of the property was over one thousand dollars. The judgment of the trial court is affirmed.
Authoring Judge: Judge John Everett Williams
Originating Judge:Judge Timothy L. Easter |
Williamson County | Court of Criminal Appeals | 12/14/01 | |
State of Tennessee v. Charles David Vanderford
W2000-02639-CCA-R3-CD
The appellant, Charles David Vanderford, appeals the order of the Circuit Court of Hardin County revoking the community corrections sentences that he received following his convictions by a jury of two counts of possession of a controlled substance with intent to sell. The appellant challenges the trial court's reliance upon his commission of crimes during the pendency of his appeal from his convictions of felony drug possession and prior to the commencement of his community corrections sentences. Following a review of the record and the parties' briefs, we affirm the judgment of the trial court.
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:Judge C. Creed McGinley |
Hardin County | Court of Criminal Appeals | 12/14/01 | |
State of Tennessee v. Charles William Jones
M2001-00353-CCA-R3-CD
The Defendant, Charles William Jones, was convicted of second degree murder in the Criminal Court of Davidson County. After a sentencing hearing, the trial court sentenced the Defendant to twenty-two years in the Department of Correction. In this appeal, the Defendant contends that (1) the evidence presented at trial was insufficient to support a finding of guilt beyond a reasonable doubt and (2) the trial court improperly applied two enhancement factors in sentencing the Defendant. We affirm the judgment of the trial court.
Authoring Judge: Judge David H. Welles
Originating Judge:Judge Steve R. Dozier |
Davidson County | Court of Criminal Appeals | 12/13/01 | |
Jan Burns vs. James Burns
E2001-01039-COA-R3-CV
In this divorce case, the husband appeals the trial court's awards of alimony pendente lite and alimony in futuro to the wife. The record before us does not demonstrate that the evidence preponderates against the trial court's judgment. Accordingly, we affirm.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Jacqueline E. Schulten |
Hamilton County | Court of Appeals | 12/13/01 | |
Tom Lockett vs. Charles Blalock & Sons, Inc.
E2001-01000-COA-R3-CV
In this appeal from the Knox County Circuit Court the Defendants/Appellants, Charles Blalock & Sons, Inc., and Austin Powder Company, contest the Trial Court's award of prejudgment interest to the Plaintiffs/Appellees, Tom Lockett and his wife, Betty Lockett. In addition, both the Plaintiffs and the Defendants appeal the Trial Court's denial of their requests for discretionary costs. We affirm the order of the Trial Court as to both its award of prejudgment interest to the Plaintiffs and its denial of discretionary costs to the Defendants. However, we vacate the Trial Court's order as to its denial of the Plaintiffs' request for discretionary costs and remand for consideration in accord with this opinion.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Harold Wimberly |
Knox County | Court of Appeals | 12/13/01 | |
Linda Frye vs. Ronnie Frye In Re: Judgment of Herbert Moncier
E2001-00732-COA-R3-CV
This suit was filed in July of 1999 to enforce two judgments in favor of attorney Herbert S. Moncier ("Plaintiff") against Ronnie Charles Frye ("Defendant"). The Trial Court granted judgment in favor of Plaintiff in the amount of $32,242.29. In the first appeal to this Court, we concluded the action was not filed timely, vacated the judgment in favor of Plaintiff, and dismissed the lawsuit. No appeal was taken from that decision. The present appeal involves the Trial Court's holding of Defendant in criminal contempt for willfully disobeying post-judgment orders of the Trial Court to respond to discovery and appear for deposition. These orders were entered and the alleged contemptuous conduct occurred before the underlying judgment was reversed by this Court. We affirm.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Sharon J. Bell |
Knox County | Court of Appeals | 12/13/01 | |
Perry Saleem Lee v. State of Tennessee
M2001-01141-CCA-R3-PC
The petitioner, Perry Saleem Lee, appeals the dismissal of his petition for post-conviction relief by the Williamson County Circuit Court, which held that the petitioner's claims for relief had been either previously determined or waived. The petitioner complains about his appointed counsel and the state's purported shortcomings in the post-conviction process. He also complains about the trial court not allowing an amendment to the petition, not allowing an evidentiary hearing, and not setting forth findings of fact and conclusions of law as to each ground he raised. We affirm the trial court.
Authoring Judge: Judge Joseph M. Tipton
Originating Judge:Judge R.E. Lee Davies |
Williamson County | Court of Criminal Appeals | 12/13/01 | |
State of Tennessee v. Jerry Damon Williams
M2000-02592-CCA-R3-CD
On September 25, 2000, the Defendant, Jerry Damon Williams, entered a plea of guilty to driving under the influence of alcohol in violation of Tennessee Code Annotated section 55-10-401. Pursuant to Rule 37 (b)(1)(i) of the Tennessee Rules of Criminal Procedure, the Defendant sought to reserve a certified question of law to be reviewed by this Court. In this appeal, the Defendant contends that (1) he properly reserved the certified question of the validity of the police's initial investigatory stop and (2) the trial court erred in denying his motion to suppress evidence discovered as a result of the investigatory stop. We vacate the Defendant's conviction and dismiss the case.
Authoring Judge: Judge David H. Welles
Originating Judge:Judge James K. Clayton, Jr. |
Rutherford County | Court of Criminal Appeals | 12/13/01 | |
In Re: K.A.Y.and A.M.Y.
E2001-00398-COA-R3-CV
Wayne and Mary Stuart ("Stuarts"), as foster parents, had physical custody of a set of twins ("Children") for approximately a year and a half when the Department of Children's Services ("DCS") removed the Children from the Stuarts' home and placed them with Paul and Susan Young ("Youngs"). The Stuarts later filed a petition in Knox County Juvenile Court seeking custody of the Children. While the custody matter was pending, the Youngs filed an adoption petition in the Trial Court which was granted. The Stuarts filed a motion to intervene and to set aside the adoption decree. The Trial Court granted this motion. The Youngs filed a Motion for Summary Judgment and cited three grounds in support of their motion: (1) the requirement that adoptive parents have custody of the child; (2) DCS's consent to the adoption; and (3) the statutory foster parent preference for adoption. Without deciding the Stuarts' petition for custody, the Trial Court granted summary judgment as a matter of law to the Youngs. The Stuarts appeal. We affirm.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Sharon J. Bell |
Knox County | Court of Appeals | 12/13/01 | |
Milliken Group, Inc. v. Hays Nissan, Inc.
M2001-00506-COA-R3-CV
This dispute arises from a contract for capital improvements entered into between the plaintiff and the agent of the defendant. The primary issues on appeal are whether the agent had the authority to bind the defendant to the contract, and whether the trial court erred in limiting the amount of damages awarded to the plaintiff. We affirm in part and modify the judgment.
Authoring Judge: Judge David R. Farmer
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 12/13/01 | |
Wills Electric Co., Inc. v. Hassan Mirsaidi
M2000-02477-COA-R3-CV
A general contractor withheld the final payment for work completed by his electrical subcontractor, and the subcontractor sued for breach of contract. The trial court awarded the subcontractor the contracted-for amount, as well as pre-judgment interest and consequential damages. We reverse the award of consequential damages. In all other respects, we affirm the trial court.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 12/13/01 | |
2001-00523-COA-R3-CV
2001-00523-COA-R3-CV
Originating Judge:Dale C. Workman |
Knox County | Court of Appeals | 12/13/01 | |
Michael Sutton vs. Larry Barnes
E2001-01911-COA-R3-CV
The plaintiffs, Cocke County homeowners, brought this action seeking compensation for damage caused to their home by blasting activity on their neighbors' property. In response to interrogatories, the company that did the blasting identified the Cocke County Highway Commission as the provider of the explosives. Thereafter, the plaintiffs filed an amended complaint, naming Cocke County and the Cocke County Highway Commission (collectively "the County") as additional party defendants. Upon the County's motion, the trial court dismissed the plaintiffs' complaint as to the County, holding that their action is time-barred. On appeal, the plaintiffs argue that the discovery rule applies to their action against the County, and, therefore, their claim is not time-barred. The County argues that even if the plaintiffs' action is not barred by the applicable statute of limitations, the plaintiffs have failed to state a claim upon which relief can be granted. We hold that the discovery rule applies to actions against governmental entities and that there is a genuine issue for trial as to when the plaintiffs' cause of action "ar[ose]." We further hold that the complaint adequately states a cause of action, but only as to the plaintiffs' claim of common-law negligence. Accordingly, the judgment of the trial court is affirmed in part and reversed in part.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Richard R. Vance |
Cocke County | Court of Appeals | 12/13/01 |