APPELLATE COURT OPINIONS

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Ricky Lee Jenkins v. Heather Johnson

M2001-02103-COA-R3-CV
This appeal arises from the lower court's modification of a child custody arrangement. The trial court found that a material change in circumstances had occurred and awarded primary residential custody to Father. For the following reasons, we affirm the judgment of the lower court.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Clara W. Byrd
White County Court of Appeals 05/30/00
State of Tennessee v. Dennis R. England

M1999-00254-SC-R11-CO

Originating Judge:Jane W. Wheatcraft
Sumner County Supreme Court 05/30/00
State of Tennessee v. Edward Talmadge Mcconnell

E1998-00288-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:Arden L. Hill
Washington County Court of Criminal Appeals 05/30/00
Berryhill vs. Rhodes

W1997-00167-SC-R11-CV
Authoring Judge: Justice Janice M. Holder
Originating Judge:Kenneth A. Turner
Shelby County Supreme Court 05/30/00
State vs. England

M1997-00254-SC-R11-CO
Authoring Judge: Justice E. Riley Anderson
Originating Judge:Jane W. Wheatcraft
Sumner County Supreme Court 05/30/00
21812-COA-R3-CV

21812-COA-R3-CV

Originating Judge:Jeffrey F. Stewart
Sequatchie County Court of Appeals 05/30/00
Berryhill vs. Rhodes

W1997-00167-SC-R11-CV
Authoring Judge: Justice Janice M. Holder
Originating Judge:Kenneth A. Turner
Shelby County Supreme Court 05/30/00
Kirby Dies v. Perma Pipe, Inc.

M1998-00610-WC-R3-CV
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;
Authoring Judge: Per Curiam
Wilson County Workers Compensation Panel 05/29/00
State vs. Diallo Lauderdale

W2001-01296-CCA-R3-CD
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.
Authoring Judge: Presiding Judge Joseph M. Tipton
Originating Judge:Julian P. Guinn
Henry County Court of Criminal Appeals 05/29/00
Thomas Gregory v. American Manufacturers Mutual Ins.

M1999-00403-SC-WCM-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. 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-
Authoring Judge: Per Curiam
Sumner County Workers Compensation Panel 05/29/00
State of Tennessee v . Marlond D. Beauregard

1999-01496-CCA-R3-CD

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.

Authoring Judge: Judge J. Welles
Originating Judge:Judge Kerry Blackwood
Court of Criminal Appeals 05/26/00
Samuel L. Key vs. State

E1999-00901-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:E. Eugene Eblen
Morgan County Court of Criminal Appeals 05/26/00
State vs. Marlon Beauregard

W1999-01496-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Originating Judge:Jon Kerry Blackwood
Hardeman County Court of Criminal Appeals 05/26/00
X2010-0000-XX-X00-XX

X2010-0000-XX-X00-XX

Originating Judge:C. Creed Mcginley
Hardin County Court of Criminal Appeals 05/26/00
Brent Allen Blye vs. State

E1999-01141-CCA-R3-PC
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:R. Jerry Beck
Sullivan County Court of Criminal Appeals 05/26/00
State vs. Andrew Edwards

W1999-01095-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:W. Fred Axley
Shelby County Court of Criminal Appeals 05/26/00
State vs. Christopher Knighton

E1999-01788-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:D. Kelly Thomas, Jr.
Blount County Court of Criminal Appeals 05/26/00
State vs. Orlando Malone

E1999-01347-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Carroll L. Ross
Bradley County Court of Criminal Appeals 05/26/00
State vs. Frederick Mays

W1999-01499-COA-R3-CO
Authoring Judge: Judge W. Frank Crawford
Originating Judge:John P. Colton, Jr.
Shelby County Court of Appeals 05/26/00
LeMay vs. TDOC

M1998-00317-SC-R11-CV
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.
Authoring Judge: Justice E. Riley Anderson
Originating Judge:Carol L. Mccoy
Davidson County Supreme Court 05/26/00
State vs. Samme Taylor

W1999-00977-CCA-R3-PC
Authoring Judge: Judge Alan E. Glenn
Originating Judge:W. Fred Axley
Shelby County Court of Criminal Appeals 05/26/00
K.C. Lam vs. Robert Allen

W1999-00244-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Kay S. Robilio
Shelby County Court of Appeals 05/26/00
James E. Fleenor v. Grand Piano and Furniture Company

03S01-9905-CV-00061
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
Authoring Judge: Howell N. Peoples, Special Judge
Originating Judge:Hon. G. Richard Johnson
Knox County Workers Compensation Panel 05/25/00
State vs. Jumbo Kuri

M1999-00638-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Walter C. Kurtz
Davidson County Court of Criminal Appeals 05/25/00
State vs. Michael E. Mills

M1999-00842-CCA-R3-CD
Authoring Judge: Judge Jerry Smith
Originating Judge:Seth W. Norman
Davidson County Court of Criminal Appeals 05/25/00