Robertson vs. TN. Walking Horse & Breeders Assoc.
01A01-9610-CV-00456
Originating Judge:Lee Russell |
Marshall County | Court of Appeals | 07/10/98 | |
Elizabeth Davis Black, v. Michael Walter Black
01A01-9801-CV-00056
This appeal involves post-divorce petitions for change of custody and child support. The mother, Elizabeth Davis Black (Tepas), has appealed from the judgment of the Trial Court transferring custody of the eleven year old daughter, Chelsea, from the mother to the father, Michael Walter Black, and relieving him of the obligation of child support while the child was in the custody of the father by agreement of the parties.
Authoring Judge: Presiding Judge Henry F. Todd
Originating Judge:Judge J. Curtis Smith |
Marion County | Court of Appeals | 07/10/98 | |
Thomasson vs. Thomasson
01A01-9706-CV-00273
Originating Judge:Gerald L. Ewell, Sr. |
Coffee County | Court of Appeals | 07/10/98 | |
Greene vs. TN. Dept of Correction
01A01-9608-CH-00370
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 07/10/98 | |
Bess & Cummins vs. Associated Brokers
01A01-9707-CH-00319
Originating Judge:Carol L. Mccoy |
Davidson County | Court of Appeals | 07/10/98 | |
Reinhart vs. Parks
01A01-9708-CH-00412
Originating Judge:James L. Weatherford |
Rutherford County | Court of Appeals | 07/10/98 | |
Ford Consumer Finance Co. vs. Clay
01A01-9610-CH-00481
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 07/10/98 | |
Southern Corp. vs. Mark Hiller, et al
02A01-9709-CH-00234
Originating Judge:D. J. Alissandratos |
Shelby County | Court of Appeals | 07/10/98 | |
State vs. Jason Kimberland
02C01-9711-CC-00447
|
Hardin County | Court of Criminal Appeals | 07/10/98 | |
Irvin vs. Johnson
01A01-9708-CV-00427
Originating Judge:James E. Walton |
Montgomery County | Court of Appeals | 07/10/98 | |
Crabtree vs. Crabtree
01A01-9710-CV-00576
Originating Judge:Muriel Robinson |
Davidson County | Court of Appeals | 07/10/98 | |
Bennie Day and Karen Day, v. City of Dercherd, Otis B. Smith, Jr., Mayor, Hank Weddington, Bill van Hoosier, Frank Green, and Daryl Doney, Commissioners - Concurring
01-A-01-9708-CH-00442
I concur i the resulst of the majority opinion, but would base that result on different reasoning.
Authoring Judge: Special Judge Walter R. Bussart
|
Court of Appeals | 07/10/98 | ||
Billy Joe Bourff v. State of Tennessee
03C01-9705-CR-00189
The appellant, Billy Joe Bourff, appeals as of right the Campbell County Criminal Court’s dismissal of his petition for post-conviction relief. We affirm the judgment of the trial court.
Authoring Judge: Judge William M. Barker
Originating Judge:Judge Lee Asbury |
Campbell County | Court of Criminal Appeals | 07/09/98 | |
State of Tennessee vs. Melvin Lewis Peacock
01C01-9704-CR-00118
The defendant, Melvin Lewis Peacock, appeals as of right from his jury convictions in Davidson County for possession with intent to sell three hundred grams or more of a substance containing cocaine, a Class A felony, and for the unlawful possession of a weapon, a Class E felony. The trial court sentenced the defendant as a Range I, standard offender to twenty years in the custody of the Department of Correction for the cocaine possession conviction and to a concurrent two-year sentence in the custody of the Department of Correction for the weapon possession conviction. The trial court ordered the defendant to serve the twenty-year sentence consecutively
(2) the trial court erred in denying the defendant’s motion in limine to preclude the state from introducing into evidence five car titles found in a safe; and (3) the trial court erred in permitting the state to recall Curtis Peacock as a witness during its case-in-chief. We affirm the trial court’s judgment of conviction.
Authoring Judge: Judge John M. Tipton
Originating Judge:Judge J. Randall Wyatt, Jr. |
Davidson County | Court of Criminal Appeals | 07/09/98 | |
Phyllis Ann Frazier Hamby v. Joseph Dewight Hamby and Anthony Hamby - Concurring
03A01-9708-CV-00346
In this divorce action, the wife appeals from the Trial Court’s Order of child support and the evaluation of the marital estate and its distribution.
Authoring Judge: Judge Herschel P. Franks
Originating Judge:Judge John B. Hagler |
Polk County | Court of Appeals | 07/09/98 | |
Patrick Alan Wolfe v. Terri Lee Wolfe
03A01-9801-CV-00003
In this post-divorce case, the trial court denied the petition of Terri Lee Wooten, formerly Wolfe (“Mother”), seeking sole custody of the parties’ daughter, Kelsea Wolfe, age five and a half. In the same order, the court granted the counterclaim of Patrick Alan Wolfe (“Father”) by modifying Mother’s visitation rights. Mother appealed, arguing that the trial court abused its discretion in failing to change the child’s custody. She also claims that the court erred in modifying the visitation schedule set forth in the divorce judgment.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Judge Earle G. Murphy |
Monroe County | Court of Appeals | 07/08/98 | |
State of Tennessee vs. Johnny Akins
02C01-9711-CR-00451
Johnny Akins was found guilty by a jury of aggravated burglary. He was sentenced to fifteen years in Tennessee Department of Correction. The trial court denied his motion for a new trial. He appeals. The sole issue is whether the evidence is sufficient to support his conviction. We affirm the judgment of
Authoring Judge: Judge Paul G. Summers
Originating Judge:Judge Joseph B. Dailey |
Shelby County | Court of Criminal Appeals | 07/08/98 | |
State of Tennessee vs. Anderson D. Curry
02C01-9711-CR-00452
The defendant was indicted in December 1996 for rape of a child. A Shelby County jury found him guilty and the trial court sentenced him to twenty years in the Tennessee Department of Correction. In this appeal as of right, the defendant argues that the evidence is insufficient to support his conviction and that the trial court erred when it admitted into evidence a chart depicting the victim’s injuries. The defendant also argues that his sentence is excessive. After a review of the record and applicable law, we affirm the judgment of the court below.
Authoring Judge: Judge John H. Peay
Originating Judge:Judge Bernie Weinman |
Shelby County | Court of Criminal Appeals | 07/08/98 | |
Etta Mechelle Parks, v. Craig DeWayne Parks
03A01-9711-GS-00519
In this divorce case, the appellant Etta Mechelle Parks argues that the trial court erred in awarding her former husband, Craig Dewayne Parks, custody of their two boys, ages seven and almost four. We do not find that the evidence preponderates against the trial court’s custody decree. See Rule 13(d), T.R.A.P.; Hass v. Knighton, 676 S.W.2d 554, 555 (Tenn. 1984). Accordingly, we cannot say that the trial court abused its discretion in placing the children’s sole custody with Mr. Parks. See Grant v. Grant, 286 S.W.2d 349, 350 (Tenn.App. 1954).
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Judge Rocky H. Young |
Campbell County | Court of Appeals | 07/08/98 | |
Leslie A. Hassell, v. Thomas W. Hassell
02A01-9709-CH-00220
Following the trial of this matter, the court ordered the parties, Leslie A. Hassell (Wife) and Thomas W. Hassell (Husband), to be entitled to a divorce pursuant to T.C.A . § 36 -4 -129 ( b ) . Husband was ordered to pay Wife $500 per month as alimony in futuro and that award is the sole issue presented by Husband to this court on appeal.
Authoring Judge: Judge David R. Farmer
Originating Judge:Chancellor William Michael Maloan |
Henderson County | Court of Appeals | 07/07/98 | |
Johnny T. Brown v. State of Tennessee
2A01-9701-BC-0001
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. In this case the Commissioner of Claims found that the claimant/appellee was entitled to total disability payments from August 9, 1994 through November 9, 1994, in the amount of $3,617.57. The Commissioner also found that the claimant sustained a permanent partial impairment of 5% to the body as a whole in the amount of $55,5. Further, the Commissioner found that the State was not liable for payment of any medical expenses incurred for the services of Jackson-Madison County General associated with the claimant's August 9, 1994 surgery or for any deposition fees or medical bills of Dr. George Copple, Dr. Ray Hester or Dr. Joseph P. Rowland. Attorney's fees in the amount of $11,733.51 (2%) were awarded to the claimant. Because the evidence preponderates in favor of the decision of the Claims Commissioner, we affirm. The State admits in November 1991 that the claimant, Johnny T. Brown, then a 4-year-old male, sustained a back injury while pushing a two-hundred pound tent out of the back of a truck, a duty within the scope of his employment as a maintenance supervisor at Paris Landing State Park. Mr. Brown is a high school graduate with extensive experience in construction, maintenance and electrical work. He also has experience in tobacco farming and in computer applications. When the injury occurred, the claimant did not go directly to the emergency room, but later saw his family physician Dr. Charles Tucker. Dr. Tucker ordered a CT scan and an MRI and, in his Attending Physician's Report of November 21, 1991, diagnosed the claimant with a "lumbar strain from lifting heavy objects." Dr. Tucker then referred the claimant to Dr. Robert Merriweather, a neurosurgeon. Dr. Merriweather treated the claimant conservatively with physical therapy and anti-inflammatory and pain medications. During the course of treatment, Dr. Merriweather conducted a physical examination and reviewed the MRI ordered by Dr. Tucker. In addition, Dr. Merriweather ordered a myelogram and post-myelogram CT 2
Authoring Judge: Robert L. Childers, Special Judge
Originating Judge:Hon. Martha B. Brasfield |
Madison County | Workers Compensation Panel | 07/07/98 | |
Whitehaven Community Baptist Church, Formerly Known as Fairway Missionary Baptist Church, and T.L. James, Sr. v. Alcus Holloway and Geneva Holloway - Concurring
02S01-9709-CH-00084
We granted this appeal to determine whether summary judgment was properly granted in this case involving claims for recision of contract and unjust enrichment. The Court of Appeals affirmed the trial court's order granting the defendants' motion for summary judgment on both issues. Upon review, we affirm the appellate court as modified.1
Authoring Judge: Justice Janice M. Holder
Originating Judge:Chancellor Neal Small |
Shelby County | Supreme Court | 07/06/98 | |
Keith Johnson, v. Fortunes Untold, Inc., D/B/A Easy Money Pawn Shop, et al.
03A01-9710-CV-00464
The Trial dismissed plaintiffs’ causes of action for personal injury on the basis that the statute of limitations had run before the action was properly brought, pursuant to Rule 3, T.R.C.P.
Authoring Judge: Judge Herschel Pickens Franks
Originating Judge:Judge W. Dale Young |
Blount County | Court of Appeals | 07/06/98 | |
State of Tennessee v. Howard E. King
02S01-9703-CR-00021
We granted permission to appeal under Tenn. R. App. P. 11 to Howard E. King, the appellant, in order to address the constitutionality of Tenn. Code Ann. § 40-35-201(b)(2) (Supp. 1994),1 which requires trial courts to instruct juries regarding parole and release eligibility when a jury instruction on the sentencing range is requested by either party. Because we find that the statute does not violate the separation of powers doctrine or deprive the appellant of his due process right to a fair trial, we conclude that the statute, as applied under the circumstances of this case, is constitutional.
Authoring Judge: Justice Adolpho A. Birch, Jr.
Originating Judge:Judge Joseph B. Dailey |
Shelby County | Supreme Court | 07/06/98 | |
Dannie Joe Christmas, v. Ralph Moore and Linda Moore
03A01-9705-CV-00188
This case involves the possession of real estate after foreclosure proceedings. After a bench trial, the trial court determined that Appellees were entitled to possession of the real estate in question. We affirm.
Authoring Judge: Judge Holly Kirby Lillard
Originating Judge:Judge Russell E. Simmons, Jr. |
Roane County | Court of Appeals | 07/06/98 |