APPELLATE COURT OPINIONS

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Godfrey vs. Godfrey

03A01-9708-CH-00319

Originating Judge:Frederick D. Mcdonald
Knox County Court of Appeals 06/10/98
LaCorrick C. Williams, Pro Se vs. State

M2003-00991-CCA-R3-CO
The Petitioner, LaCorrick C. Williams, appeals the trial court's denial of his petition for habeas corpus relief. The State has filed a motion requesting that this Court affirm the trial court's denial of relief pursuant to Rule 20, Rules of the Court of Criminal Appeals. The Petitioner fails to assert a cognizable claim for which habeas corpus relief may be granted. Accordingly, the State's motion is granted and the judgment of the trial court is affirmed.
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Stella L. Hargrove
Wayne County Court of Criminal Appeals 06/10/98
State vs. Michael Hughes

01C01-9701-CR-00021

Originating Judge:Ann Lacy Johns
Davidson County Court of Criminal Appeals 06/10/98
G.E. Capital vs. Belinda Young

W1998-00729-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Originating Judge:John R. Mccarroll, Jr.
Shelby County Court of Appeals 06/10/98
State vs. Kimberly M. Larson

M1999-00507-CCA-R3-CD
This appeal arises from a guilty verdict returned against the defendant for DUI per se for which she received a sentence of eleven months and twenty-nine days, with all but ten days suspended, a $350 fine, court-ordered rehabilitation, and suspension of driving privileges for one year. On appeal, the defendant challenges the admittance of her breathalyzer test results at trial and alleges that her sentence was excessive. After a review of the record, we affirm the judgment of the trial court.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Seth W. Norman
Davidson County Court of Criminal Appeals 06/10/98
01C01-9705-CR-00194

01C01-9705-CR-00194
Davidson County Court of Criminal Appeals 06/10/98
State vs. Daniel

03C01-9709-CR-00404
Knox County Court of Criminal Appeals 06/10/98
State vs. Jack Sutton

01C01-9708-CR-00349

Originating Judge:J. Randall Wyatt, Jr.
Davidson County Court of Criminal Appeals 06/10/98
State vs. Nuchols

03C01-9709-CC-00400
Blount County Court of Criminal Appeals 06/10/98
State vs. Stogdill

03C01-9507-CC-00188

Originating Judge:W. Lee Asbury
Claiborne County Court of Criminal Appeals 06/10/98
State vs. Haycraft

03C01-9705-CR-00196
Sullivan County Court of Criminal Appeals 06/10/98
State vs. Chastain

03C01-9706-CR-00205
Polk County Court of Criminal Appeals 06/10/98
State vs. Garrison

03C01-9601-CR-00050

Originating Judge:William M. Dender
Court of Criminal Appeals 06/10/98
State of Tennessee vs. Donald Gene Brooks

01C01-9703-CC-00099

The defendant, Donald Gene Brooks, stands convicted of first degree felony murder, especially aggravated robbery, theft of property valued over $1,000, and setting fire to personal property, all related to the robbery and killing of Joseph J. Wisniewski. He received his convictions following a jury trial in the Montgomery County Criminal Court. Brooks is incarcerated in the Department of Correction serving his effective sentence of life plus 27 years. In this direct appeal, Brooks challenges the sufficiency of the convicting evidence and the length of sentence imposed. Having reviewed the record and the briefs of the parties, we affirm the judgment of the trial court.

Authoring Judge: Judge Curwood Witt
Originating Judge:Judge John H. Gasaway, III
Montgomery County Court of Criminal Appeals 06/09/98
State of Tennessee vs. Devon Welles

01C01-9706-CC-00230

The Defendant, Devon Wells, appeals his convictions of two counts of sale of a Schedule II controlled substan ce following a jury trial in the Lincoln County Circu it Court. The trial court sentenced him as a Range II Multiple Offender to two consecutive sentences of nine (9) and seven (7) years. He was also fined a total of $100,000 for the two convictions. In this appeal, Defendant argues that the evidence was insufficient to establish guilt beyond a reasonable doubt and that the sentence imposed was excessive and contrary to law. We affirm the judgment of the trial court.

Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Judge W. Charles Lee
Lincoln County Court of Criminal Appeals 06/09/98
General Electric Company v. Process Control Company

01S01-9707-FD-00148

This case comes to us on a certified question of law. The plaintiff, General Electric Company ("G.E."), filed this action for contribution against Process Control Company ("Process Control"). Process Control filed a motion to dismiss and/or motion for summary judgment arguing that Tennessee law does not permit a right of contribution in this case. The district court entered an order requesting this Court to address the following certified question of law: In actions that accrue after the decision in McIntyre v. Balentine, under what circumstances is a claim for contribution appropriate under Tennessee Law? We accepted certification of the question. We hold that under the facts as certified an action for contribution may be viable.

Authoring Judge: Justice Janice M. Holder
Originating Judge:Judge James D. Todd
Davidson County Supreme Court 06/08/98
Clayton Homes, Inc. v. Albert D. Bowling

03S01-9708-CH-00120
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 appeal has resulted from a ruling of the trial court that the employee's attorney was not entitled to an award of attorney's fees from medical expenses recovered in the case. At the trial below, the claim for compensation benefits was contested on all issues except for a stipulation regarding the employee's compensation rate and an agreement that the sum of $582.25 had been paid in temporary total disability benefits. The employer denied the herniated cervical discs were caused by the employee's work activities and contended if there were an injury, it was of a minor nature. After a contested hearing, the trial court found against the employer, Clayton Homes, Inc., on these issues. The Chancellor announced his decision on March 11, 1997 at a hearing where he made detailed findings of fact and conclusions of law. On April 8, 1997, the employee filed a motion to be awarded discretionary costs and a separate motion seeking a 2% award of attorney's fees on the amount of medical expenses allowed in the case. A final judgment was entered on May 13, 1997, which provided for (1) an award of 15% permanent partial disability to the body as a whole, (2) an award of $6,77.6 for additional temporary total disability benefits, (3) directing all accrued permanent partial benefits in the sum of $17,2.8 be paid in a lump sum, and (4) directing the employee to pay all necessary and reasonable medical expenses. In connection with the payment of medical expenses, the judgment stated: "That this sum shall be paid in the registry of the Court and after it has been determined as to the amount, that the attorney for the defendant is awarded a lien of the recovery herein for his attorney's fees of 2% for the recovery of this disputed medical." claytonh.wc 2
Authoring Judge: John K. Byers, Senior Judge
Originating Judge:Hon. Chester S. Rainwater, Jr.
Clay County Workers Compensation Panel 06/08/98
Linda Shank v. Wal-Mart Stores, Inc .

01S01-9709-CH-00189
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. 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 findings, 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 court in a workers' compensation case. See Corcoran v. Foster Auto GMC, Inc., 746 S.W.2d 452, 456 (Tenn. 1988). In this case, the plaintiff brought suit against the defendant Wal-Mart, alleging she was entitled to workers' compensation benefits as a result of a back injury and sinus injury sustained in the course of her employment. The trial court found the plaintiff's sinus injury was not compensable1 but the plaintiff's back injury was compensable, awarding her 38 percent permanent partial disability to the body as a whole, temporary total disability benefits, and unpaid medical benefits for the services of Dr. Rex Arendall. The defendant appeals and presents the following issues: "I. Pursuant to Tennessee Code Annotated _ 5-6-12(a)(5) and the facts of this case, the proof at trial preponderates against the trial court's finding that the plaintiff's back injury was causally related to the accident she reported of April 26, 1994. II. The trial court erred in finding that the plaintiff's back injury was subject to the six (6) times multiplier in Tennessee Code Annotated _ 5-6-241(b) rather than the two and one-half (2 _) times multiplier in Tennessee Code Annotated _ 5-6-241(a)(1). III. The medical care of Dr. Rex Arendall was unauthorized and should not have been awarded by the trial court. IV. The trial court erred in refusing to admit into evidence release from work slips provided to defendant by the plaintiff and which were included in and became a part of her personnel file." We affirm the judgment of the trial court. 1 The plaintiff did not appeal the decision of the trial court with respect to her sinus injury. Therefore, the sinus injury will only be discussed for a clear understanding of her back injury. 2
Authoring Judge: John K. Byers, Senior Judge
Originating Judge:Hon. Robert E. Corlew, III,
Rutherford County Workers Compensation Panel 06/08/98
State of Tennessee vs. Amanda Treece

02C01-9711-CC-00438

Following an evidentiary hearing, the Circuit Court of Chester County entered an order which revoked Defendant’s probation and ordered her to serve her original sentence of four (4) years in the Tennessee Department of Correction. The Defendant, Amanda Treece, appeals from that action of the trial court. W hile Defendant does not challenge the revocation of probation, she argues in her sole issue on appeal that the trial court erred by requiring her to serve her entire sentence by incarceration in the Department of Correction. We affirm the judgment of the trial court.

Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Judge Franklin Murchison
Chester County Court of Criminal Appeals 06/08/98
Randall Wayne Myers v. Royal Insurance Co.

01S01-9710-CH-00227
Authoring Judge: William S. Russell, Retired Judge
Originating Judge:Chancellor
Wayne County Workers Compensation Panel 06/08/98
State of Tennessee vs. Anthony P. Geanes

02C01-9709-CC-00373

The Defendant, Anthony P. Geanes, appeals as of right from his conviction in the Circuit Court of Hardeman County. Following a jury trial, Defendant was convicted of delivery of a Schedule II con trolled substance. He was sentenced to serve fifteen (15) years as a Range II Offender. In this appeal, Defendant challenges the sufficien cy of the evidence and the length of his sentence. We affirm the judgm ent of the trial court.

Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Judge Jon Kerry Blackwood
Hardeman County Court of Criminal Appeals 06/08/98
George Elliott v. City of Clarksville

01S01-9710-CV-00222
Authoring Judge: William S. Russell, Retired Judge
Originating Judge:Hon.
Montgomery County Workers Compensation Panel 06/08/98
Judith Ann Warren Taylor, v. Michael Raymond Taylor

02A01-9706-CV-00112

Judith Ann Taylor (“Wife”) filed a complaint for divorce against Michael Raymond Taylor (“Husband”) and also sought an injunction prohibiting Husband from dissipating marital assets. Husband filed an answer and counter-complaint for divorce. The trial court granted Wife the divorce on the grounds of inappropriate marital conduct and awarded her rehabilitative alimony, partial attorney fees, and 60% of the marital assets. Husband appeals and raises the following issues:whether the trial court erred (1) in awarding Wife rehabilitative alimony of $1,300 per month for 60 months; (2) in ordering Husband to pay $20,000 as alimony in solido for Wife’s attorney fees; (3) in ordering Husband to pay a portion of Wife’s health insurance coverage; (4) in requiring Husband to maintain a life insurance policy which exceeds the total amount of child support owed; and (5) in dividing the marital property of the parties. Wife submits the additional issue of whether she is due attorney fees on appeal. For the reasons stated below, we find no error and affirm the trial court’s judgment in all respects.

Authoring Judge: Judge David R. Farmer
Originating Judge:Judge Janice M. Holder
Shelby County Court of Appeals 06/08/98
Michael A. Thompson v. Tennessee Board of Paroles, et al.

01A01-9710-CH-00572

Michael A. Thompson, a prisoner in the custody of Tennessee Department of Correction has appealed from a summary judgment dismissing his petition for certiorari for judicial review of a decision of the Tennessee Board of Paroles denying parole.

Authoring Judge: Presiding Judge Henry F. Todd
Originating Judge:Chancellor Irvin H. Kilcrease, Jr.
Davidson County Court of Appeals 06/05/98
Holland D. Lane and wife, Cynthia Lane; Bobby Jo Knight and Kay Grimes, v. Willie Lee Barr and wife Dorothy Sue Barr, et al.

01A01-9708-CH-00449

Plaintiffs/Appellants, Holland D. Lane, Cynthia Lane, Bobby Joe Knight, and Kay 2 Grimes, appeal the judgment of the trial court dismissing their complaint, finding that appellants lacked standing to bring an action under Tenn. Code Ann. § 13-7-208(a)(2) and that the use of their land by defendants/appellees, Willie and Dorothy Barr, as a tire landfill was a prior non-conforming use. For reasons stated hereinafter, we affirm the decision of the trial court.

Authoring Judge: Judge Alan E Highers
Originating Judge:Chancellor Allen W. Wallace
Cheatham County Court of Appeals 06/05/98