APPELLATE COURT OPINIONS

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03C01-9907-CR-00312

03C01-9907-CR-00312

Originating Judge:Mary Beth Leibowitz
Knox County Court of Criminal Appeals 03/21/00
Kellie Shoun v. Southeast Industries, Inc.

03S01-9902-CH-00019
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. The employer, Southeast Industries, Inc., has appealed from the action of the trial court in awarding the employee, Kellie Shoun, 5% permanent partial disability to the body as a whole. Several issues are being raised by the appeal. The primary question is the claim by the employer that the injury was not work-related. Other issues concern whether the trial court was in error in fixing the award of disability, in awarding temporary total disability benefits and in ruling certain questions by defense counsel were leading questions. Kellie Shoun was 25 years of age at the time of the trial (which was five years after the date in question) and was a high school graduate. She had an associate's degree from Northeast State Community College in computer programming. She was employed by Southeast as a "laminator" which she said involved heavy lifting of boxes of metal parts. On August 29, 1994, while moving boxes and placing them on a shelf, she stated she felt a strain in her low back. She said she told her supervisor, Jacqueline Dugger, that she had strained her back while lifting the boxes and Ms. Dugger told her to take some aspirin. She testified the pain continued that night and she was having muscle spasms and during the next day, she mentioned the problem to supervisor Dugger again. Later on September 1st she said as she was stepping out of the bathtub, she felt a pop in her back as she lifted her leg over the tub and the pain was so bad she could hardly walk. On the same day of the bathtub incident, she went to see Dr. Lonnie Jackson, a chiropractor who had been treating her for a number of years for migraine headaches, knee injury, etc. Dr. Jackson treated her for a period of time and then referred her to an orthopedic doctor. The record indicates she first came under the care of Dr. Mark T. McQuain and then she saw Dr. Richard Duncan who performed surgery. 2
Authoring Judge: Roger E. Thayer, Special Judge
Originating Judge:Hon. G. Richard Johnson,
Knox County Workers Compensation Panel 03/21/00
M1999-00262-CCA-R3-CD

M1999-00262-CCA-R3-CD
Authoring Judge: Presiding Judge Joseph M. Tipton
Originating Judge:Timothy L. Easter
Hickman County Court of Criminal Appeals 03/21/00
State vs. Darrell Dufrene

W2000-03129-CCA-R3-CD
The defendant, Darrell J. Dufrene, entered a plea of guilt to one count of theft over $1,000.00 but less than $10,000.00, a Class D felony. Pursuant to a plea agreement, the trial court set the defendant's sentence at three years and scheduled an alternative sentencing hearing. The defendant failed to appear at the hearing and the trial court ordered a term of incarceration. In this appeal of right, the defendant asserts that the trial court erred by failing to order either probation or community corrections. Because, however, the defendant remains on escape status, the appeal is dismissed.
Authoring Judge: Judge Gary R Wade
Originating Judge:C. Creed Mcginley
Hardin County Court of Criminal Appeals 03/21/00
Staples vs. CBL & Associates, et al

E1997-00033-SC-R11-CV
Authoring Judge: Justice Frank F. Drowota, III
Supreme Court 03/20/00
State vs. Sledge

W1994-00005-SC-R11-DD
Authoring Judge: Justice Janice M. Holder
Originating Judge:Joseph B. Mccartie
Court of Criminal Appeals 03/20/00
Dianne Fisher vs. Isaac Fisher

W1998-00864-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Kay S. Robilio
Shelby County Court of Appeals 03/20/00
State vs. Sledge

W1994-00005-SC-R11-DD
Authoring Judge: Justice Janice M. Holder
Originating Judge:Joseph B. Mccartie
Supreme Court 03/20/00
Ahern (Pierotti) vs. Ahern

W1997-00233-SC-R11-CV
Authoring Judge: Justice Janice M. Holder
Originating Judge:D'Army Bailey
Shelby County Supreme Court 03/20/00
Thurman Deshazer vs. Ferrell Paving

W1998-00834-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Originating Judge:George H. Brown
Shelby County Court of Appeals 03/20/00
Monroe Davis vs. State of Tennessee

W1999-02701-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Court of Appeals 03/20/00
03C01-9812-CR-00431

03C01-9812-CR-00431
Sullivan County Court of Criminal Appeals 03/20/00
State vs. Robbie James

M2000-00304-CCA-RM-CD
Authoring Judge: Judge Joe G. Riley
Davidson County Court of Criminal Appeals 03/20/00
Staples vs. CBL & Associates, et al

E1997-00033-SC-R11-CV
Authoring Judge: Justice Frank F. Drowota, III
Hamilton County Supreme Court 03/20/00
State vs. Robbie James

M2000-00304-CCA-RM-CD
Authoring Judge: Judge Joe G. Riley
Davidson County Court of Criminal Appeals 03/20/00
State vs. Jerry Allen Millsaps

E1999-01287-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Monroe County Court of Criminal Appeals 03/20/00
State of Tennessee v. Sylvester Gailes, Jr.

W2002-02080-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Originating Judge:J. C. Mclin
Shelby County Court of Criminal Appeals 03/19/00
State vs. George Devon Collins

M1999-00254-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Montgomery County Court of Criminal Appeals 03/17/00
M1999-00328-CCA-R3-CD

M1999-00328-CCA-R3-CD
Authoring Judge: Judge William B. Acree
Davidson County Court of Criminal Appeals 03/17/00
State vs. Michael Turner

W1999-01516-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Originating Judge:Jon Kerry Blackwood
Hardeman County Court of Criminal Appeals 03/17/00
M1999-00876-CCA-MR3-CD

M1999-00876-CCA-MR3-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
Originating Judge:Seth W. Norman
Davidson County Court of Criminal Appeals 03/17/00
State vs. Gary J. Greer

M1998-00789-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:Steve R. Dozier
Davidson County Court of Criminal Appeals 03/17/00
State vs. Chad Poole

W1999-01518-CCA-R3-PC
Authoring Judge: Judge John Everett Williams
Originating Judge:Jon Kerry Blackwood
Hardeman County Court of Criminal Appeals 03/17/00
State vs. Richard Misfeldt

M1999-01249-CCA-R3-CD
Authoring Judge: Judge William B. Acree
Sequatchie County Court of Criminal Appeals 03/17/00
State vs. Dee W. Thompson

M1998-00073-CCA-R3-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
Originating Judge:Seth W. Norman
Davidson County Court of Criminal Appeals 03/17/00