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| Michael Dawn Frisbey v. Dorothy Marie Frisbey
M1999-00717-COA-R3-CV
Authoring Judge: Judge William B. Cain
Originating Judge:Robert E. Corlew, III |
Rutherford County | Court of Appeals | 03/28/01 | |
| 2000-02223-COA-R3-CV
2000-02223-COA-R3-CV
Originating Judge:Dale C. Workman |
Knox County | Court of Appeals | 03/28/01 | |
| State, ex rel, Purlie Page, vs Ricardo Trabal
E2000-02738-COA-R3-CV
This action to establish paternity was dismissed by the Trial Court on the grounds of estoppel and laches. We reinstate the action and remand.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Bill Swann |
Knox County | Court of Appeals | 03/28/01 | |
| Lisa Venable vs. Boyd Venable
E2000-01543-COA-R3-CV
This divorce action was filed November 12, 1998. All issues involving money were contested: marital assets, debts, child support, attorney fees, costs.
Authoring Judge: Sr. Judge William H. Inman
Originating Judge:Richard E. Ladd |
Sevier County | Court of Appeals | 03/28/01 | |
| Karen Stempa, et al vs. Walgreen Co., et al
E2000-02223-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Originating Judge:Dale C. Workman |
Knox County | Court of Appeals | 03/28/01 | |
| Estate of Velma Russell vs. Knox County
E2000-02692-COA-R3-CV
The Estate of Velma Monroe Russell, which was substituted as a party Plaintiff after the death of Mrs. Russell after the suit was filed but prior to trial, sues Knox County for injuries to her as a result of an automobile accident at a four-way-stop intersection. The Trial Court found the County was guilty of no negligence proximately causing the accident and the injuries to Mrs. Russell. We affirm.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Harold Wimberly |
Knox County | Court of Appeals | 03/28/01 | |
| State of Tennessee v. Timothy McKinney
W1999-00844-CCA-R3-DD
We affirm the defendant’s convictions of first degree murder and attempted second degree murder and the death sentence imposed on the murder charge, despite the defendant’s claims that: (1) the trial court erroneously disallowed expert testimony on the reliability of eyewitness identification; (2) the jury’s capital sentencing verdict was infirm; (3) the trial court erroneously allowed the impeachment of a defense character witness during the penalty phase of the trial; (4) the trial court erred in allowing victim impact evidence that related to the impact of the victim’s death on persons or institutions other than the victim’s family; (5) the trial court erroneously limited the defendant’s argument to the jury during the penalty phase; (6) cumulative errors require reversal of the death sentence; (7) the Tennessee death penalty statute is, for various reasons, unconstitutional. We find no error and hold that the death penalty in this case was proportionate to the death penalty imposed in similar cases, the sentence was not arbitrarily imposed, and the evidence supports the jury’s finding of a statutory aggravating circumstance and its finding that the aggravating circumstance outweighs any mitigating circumstances. See Tenn. Code Ann. § 39-13-206(c)(1) (1997).
Authoring Judge: Judge J. Curwood Witt, Jr.
Originating Judge:Judge Joseph B. Dailey |
Shelby County | Court of Criminal Appeals | 03/28/01 | |
| Susan Weissfeld vs. Steven Weissfeld
E2000-02233-COA-R3-CV
In this divorce action the Trial Court divided marital property, set child support, and granted wife limited rehabilitative alimony. Wife appealed. We affirm, as modified.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Bill Swann |
Knox County | Court of Appeals | 03/28/01 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
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Supreme Court | 03/28/01 | ||
| State of Tennessee v. Norman B. Thompson
E2000-01017-CCA-R3-PC
The Defendant, Norman B. Thompson, appeals as of right from the revocation of his probation. We find no abuse of discretion in the revocation; thus, we affirm the judgment of the trial court revoking the Defendant’s probation.
Authoring Judge: Judge David H. Welles
Originating Judge:Judge Ray L. Jenkins |
Knox County | Court of Criminal Appeals | 03/28/01 | |
| James Crawford vs. Ray Thomason, et al
M1998-00926-COA-R3-CV
This appeal stems from a hostile work environment claim involving the Department of Streets and Signs of the City of Murfreesboro. After enduring approximately three years of racial harassment by his immediate supervisors, an employee of the Department of Streets and Signs filed suit in the Chancery Court for Rutherford County against the City of Murfreesboro, the city manager, and his two supervisors seeking damages and injunctive relief under the Tennessee Human Rights Act. The City moved for summary judgment, pointing out that the offending supervisors had been terminated less than one month after the employee brought their conduct to the attention of the public works director. The trial court granted the summary judgment and dismissed the complaint. The employee has appealed. After reviewing the record in light of the principles announced in Parker v. Warren County Util. Dist., 2 S.W.3d 170 (Tenn. 1999), we have determined that the City is entitled to a judgment as a matter of law. Accordingly, we affirm the summary judgment.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Robert E. Corlew, III |
Rutherford County | Court of Appeals | 03/28/01 | |
| City of Knoxville, et al vs. Robert J. Taylor, et al
E2000-02329-COA-R3-CV
This is an appeal from a judgment entered in the Chancery Court for Knox County imposing certain punishment as to two members of the Knoxville Police Force, Officer Robert J. Taylor and his father, Sergeant Dick Taylor. The Administrative Hearing Officer at the initial hearing found no misconduct on the part of the Taylors which would justify any penalty. The Taylors appeal contending the Chancellor was in error and there was substantial and material evidence to support the Hearing Officer's determination. As to Sergeant Taylor we reverse the Chancellor's determination and as to Officer Taylor we affirm.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Sharon J. Bell |
Knox County | Court of Appeals | 03/28/01 | |
| State of Tennessee v. Tyrone Pierce
W2000-00571-CCA-R3-CD
The defendant pled guilty to criminal attempt to commit aggravated sexual battery, a Class C felony. Pursuant to a plea agreement he agreed to a three-year sentence as a Range I Standard Offender, with the manner of service to be determined after a hearing by the trial court. The trial court sentenced the defendant to serve 270 days in the workhouse on weekends ("day for day") from 7:00 p.m. on Fridays to 7:00 p.m. on Sundays and five years probation with a 10:00 p.m. curfew on weekdays. The defendant contends he should have received full probation or some other less restrictive form of alternative sentencing. We affirm the trial court's denial of full probation but modify the time of service in the workhouse on weekends to 104 days.
Authoring Judge: Judge John Everett Williams
Originating Judge:Judge Bernie Weinman |
Shelby County | Court of Criminal Appeals | 03/27/01 | |
| Kristin Huntley vs. William Huntley
E2000-01718-COA-R3-CV
In this child support modification action, the Trial Court held that a significant variance existed between William Sidney Huntley's ("Defendant") child support obligation set by the parties' Marital Dissolution Agreement ("MDA") and the amount mandated by the Child Support Guidelines ("Guidelines"). The Trial Court ordered an increase in child support consistent with the Guidelines. Because the Guidelines' flat percentage amount of child support totaled approximately $6,600 per month, the Trial Court ordered it be divided between child support payments of $3,100 and payments to a non-educational trust ("Trust") in the amount of $3,500. Defendant appeals and primarily contends that his child support obligation should not be increased to the Guidelines' flat percentage amount because that amount exceeds a reasonable amount of child support and because the MDA controls his child support obligation despite any increases in his income. Kristin B. Huntley ("Plaintiff") also raises issues on appeal, primarily regarding the Trust. We affirm.
Authoring Judge: Judge David Michael Swiney
Originating Judge:W. Neil Thomas, III |
Hamilton County | Court of Appeals | 03/27/01 | |
| Craig Tatman vsl. Fort Sanders Medical Center
E2000-02163-COA-R3-CV
Craig Tatman ("Plaintiff"), a devout Jehovah's Witness, underwent heart surgery at Fort Sanders Regional Medical Center ("Defendant"). Prior to the surgery, the attending physician and Defendant were specifically informed that Plaintiff was not to receive any blood or blood products. While Plaintiff was recovering from the surgery, he experienced a dramatic decrease in blood pressure. The attending critical care nurse forgot that Plaintiff was a Jehovah's Witness and administered Protenate, a protein fraction derived from human plasma. This was contrary to Plaintiff's religious tenets. At trial, Defendant admitted that a medical battery had taken place. The only issue presented to the jury was compensatory damages resulting from the medical battery. No jury instruction was requested or given regarding nominal damages. The jury awarded no compensatory damages. Plaintiff filed a motion requesting an additur or a new trial. Plaintiff's motion was denied, and Plaintiff appeals. We affirm.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Wheeler A. Rosenbalm |
Knox County | Court of Appeals | 03/27/01 | |
| Leon William G.C. vs. D.F. Shoffner Inc.
E2000-01877-COA-R3-CV
This is a suit by a general contractor against a sub-contractor for breach of contract and negligence in installing heating, ventilation and air conditioning equipment. The Trial Court granted summary judgment in favor of the sub-contractor, resulting in this appeal. We find in light of the Supreme Court case of Harris v. Chern, which was delivered after the Trial Court ruled on the motion to alter or amend, that the order overruling the motion should be vacated and the Trial Court should reconsider it in light of Harris. We accordingly vacate the order overruling the motion to alter or amend, and remand.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:W. Dale Young |
Blount County | Court of Appeals | 03/27/01 | |
| Milburn L. Edwards v. State of Tennessee
W2000-00043-CCA-R3-PC
In 1982, the Petitioner pled guilty in Shelby County to two counts of rape, three counts of robbery, one count of robbery with a deadly weapon, four counts of burglary, one count of attempted burglary, one count of first degree criminal sexual conduct, one count of assault with intent to commit criminal sexual conduct, and one count of a crime against nature. The Petitioner received an effective sentence of ten years. In 1991, the Petitioner was convicted in Davidson County of twenty-one counts of rape, one count of aggravated rape, two counts of first-degree burglary, one count of second-degree burglary, two counts of aggravated burglary, one count of robbery, and one count of assault with intent to commit rape. In 1997, the Petitioner filed a post-conviction petition challenging his 1982 convictions and sentence. Following an evidentiary hearing, the trial court concluded that the Petitioner's petition for post-conviction relief was barred by the statute of limitations. The Petitioner now appeals the trial court's ruling. We affirm the judgment of the trial court.
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Judge Arthur T. Bennett |
Shelby County | Court of Criminal Appeals | 03/27/01 | |
| Kenneth Weston vs. State
E1998-02620-SC-R11-PC
We granted review in this cause to determine whether the trial court exceeded the authority granted upon remand when it permitted Kenneth Lee Weston to amend his post-conviction petition and when it ruled on the amended petition. Because we find that the trial court was without authority to allow the amendment, we vacate all orders pertaining to the amended petition and remand the cause to the Court of Criminal Appeals for a first-tier review of the trial court's denial of the original unamended petition for post-conviction relief.
Authoring Judge: Justice Adolpho A. Birch, Jr.
Originating Judge:Richard R. Baumgartner |
Knox County | Supreme Court | 03/27/01 | |
| Deborah Davis vs. Jerry Davis
E1999-02737-COA-R3-CV
This appeal from the Hamilton County Circuit Court questions whether the Trial Court erred in failing to approve Ms. Davis's Statement of the Evidence, in retroactively modifying child support, in determining the amount of Mr. Davis's mortgage obligation to Ms. Davis, and in determining the amount of attorney's fees Mr. Davis was ordered to pay Ms. Davis. We affirm the judgment of the Trial Court as modified and remand with directions.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Samuel H. Payne |
Hamilton County | Court of Appeals | 03/27/01 | |
| William H. Davis vs. Daira F. Davis
E2000-02678-COA-R3-CV
This appeal from the Cocke County Circuit Court questions whether the trial court erred in dividing the marital estate. Mr. Davis appeals the trial court's valuation of his closely held corporation, the payment of some debt by Mr. Davis, and the award of permanent periodic alimony to Ms. Davis. We affirm the decision of the trial court as modified and remand for such further proceedings, if any, consistent with this opinion. We adjudge costs of the appeal against the Appellant, William H. Davis and his surety.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Ben W. Hooper, II |
Cocke County | Court of Appeals | 03/26/01 | |
| Margaret Akins vs. Pauline Clark, et al
E2000-02337-COA-R3-CV
Margaret Akins ("Plaintiff") stood to inherit a farm and stock from her close friend, Josephine A. Notgrass ("Notgrass"), through specific bequests ("Bequests") in Notgrass' will. After Notgrass' will ("Will") was executed, Notgrass and Plaintiff formed a limited partnership ("Limited Partnership") in an effort to save estate taxes. Notgrass held a substantially higher interest in the Limited Partnership than Plaintiff and was the sole general partner. Notgrass transferred to the Limited Partnership the farm and stock which were the subject of the Bequests. After Notgrass' death, Plaintiff, who also is the personal representative of Notgrass' estate, filed a declaratory judgment action, seeking an order from the Trial Court regarding how to distribute the assets of the Limited Partnership. The Trial Court held that the transfer of the farm and stock to the Limited Partnership did not materially change or alter those assets, and, therefore, the transfer did not result in an ademption by extinction of the Bequests. As a result, the Trial Court held that Plaintiff was entitled to inherit the farm and stock pursuant to the Bequests. Fourteen of the twenty one named residuary beneficiaries ("Defendants") appeal. We reverse.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Lawrence H. Puckett |
Monroe County | Court of Appeals | 03/26/01 | |
| Gaf Building Materials v. Bobby R. George
M2000-00951-WC-R3-CV
In this appeal, the employer insists the trial court erred in the finding that the employee's carpal tunnel syndrome is causally related to the employment and that the award of permanent partial disability benefits is excessive. The employee insists the trial court erred in not awarding medical expenses. As discussed below, the panel has concluded the judgment should be modified and, as modified, affirmed.
Authoring Judge: Joe C. Loser, Sp. J.
Originating Judge:Carol L. Mccoy, Chancellor |
Davidson County | Workers Compensation Panel | 03/26/01 | |
| 2000-02174-COA-R3-CV
2000-02174-COA-R3-CV
Originating Judge:Thomas J. Seeley, Jr. |
Washington County | Court of Appeals | 03/26/01 | |
| In Re: Estate of Martha Woodard
E2000-02219-COA-R3-CV
This declaratory judgment action focuses on a dispute among three adult children concerning the ownership of certain funds in their mother's estate. In earlier litigation relating to the administration of the estate of the children's father, a chancellor found the same funds had been owned by the children's parents as tenants by the entireties and directed that the funds be transferred out of the father's estate, and "deposited to [the mother's] account." The children's mother died approximately four months after the entry of the chancellor's order. At the time of her death, the funds were still in the father's estate due to the fact that the executrix of his estate, who was also the mother's attorney-in-fact, had failed to transfer the funds into her mother's name. The mother's will made several specific bequests, including a bequest, to the petitioner in the instant case, of "all of [sic] money deposited in the First Tennessee Bank." The petitioner filed this suit seeking a declaration that the funds should be treated as constructively having been placed in the mother's checking account at First Tennessee Bank. The trial court granted such relief, and the respondents, the other two children, now appeal. We reverse.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Robert G. Lincoln |
Washington County | Court of Appeals | 03/26/01 | |
| Daniel Lowe vs. Faytella Lowe
E2000-01456-COA-R3-CV
In this divorce case, the trial court dissolved a childless marriage of 5 1/2 years. Daniel Ed Lowe ("Husband") appeals, arguing that the trial court erred (1) in declaring the parties' antenuptial agreement void and (2) in granting Faytella D. Lowe ("Wife") half of the increase in value of Husband's retirement benefits accrued during the marriage. We affirm.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Lawrence H. Puckett |
Bradley County | Court of Appeals | 03/26/01 |