APPELLATE COURT OPINIONS

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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
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
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. Robbie James

M2000-00304-CCA-RM-CD
Authoring Judge: Judge Joe G. Riley
Davidson County Court of Criminal Appeals 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
03C01-9812-CR-00431

03C01-9812-CR-00431
Sullivan County Court of Criminal 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
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. Jerry Allen Millsaps

E1999-01287-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Monroe County Court of Criminal Appeals 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
Staples vs. CBL & Associates, et al

E1997-00033-SC-R11-CV
Authoring Judge: Justice Frank F. Drowota, III
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
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. Rocky Wilkerson

M2000-02473-CCA-R3-CD
On March 17, 2000, the defendant pled guilty to two counts of driving after having been declared a habitual traffic offender. At his May 5, 2000, sentencing hearing the transcript indicates that the trial court ordered him to serve two consecutive one-year sentences for these crimes as a Range I, standard offender. However, the judgments indicate that the defendant received consecutive two- year sentences. On June 5, 2000, the defendant filed his notice of appeal, and now asks this Court to modify the judgments to reflect the announced sentence. After reviewing the record and applicable caselaw, we find this issue to have merit and, thus, remand the matter for correction of the judgments.
Authoring Judge: Judge Jerry Smith
Originating Judge:John H. Gasaway, III
Robertson County Court of Criminal Appeals 03/17/00
Alfred Lee Mauldin vs. State

M1999-00532-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Maury County Court of Criminal Appeals 03/17/00
M1999-00822-CCA-R3-PC

M1999-00822-CCA-R3-PC
Authoring Judge: Judge Joe G. Riley
Sumner County Court of Criminal Appeals 03/17/00
State vs. Robert Pugh

W1999-01260-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Originating Judge:Joseph B. Dailey
Shelby County Court of Criminal Appeals 03/17/00
M1999-00939-CCA-R3-PC

M1999-00939-CCA-R3-PC
Authoring Judge: Judge David H. Welles
Williamson County Court of Criminal Appeals 03/17/00
State vs. Douglas Bryan Boruff

E1999-00274-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Blount County Court of Criminal Appeals 03/17/00
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
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
M1999-00328-CCA-R3-CD

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