APPELLATE COURT OPINIONS

Please enter some keywords to search.
Terry Hall vs. State

01C01-9710-CC-00448
Cheatham County Court of Criminal Appeals 09/30/98
Miles vs. Nelson

03A01-9711-CH-00500
Court of Appeals 09/30/98
State vs. Michael Taylor

01C01-9708-CR-00367

Originating Judge:J. Randall Wyatt, Jr.
Davidson County Court of Criminal Appeals 09/29/98
Charlotte Thompson vs. Ralph Coulter

02A01-9708-CV-00200

Originating Judge:Jon Kerry Blackwood
Tipton County Court of Appeals 09/29/98
01C01-9709-CC-00414

01C01-9709-CC-00414
Robertson County Court of Criminal Appeals 09/29/98
State vs. Aaron Cooper

01C01-9708-CR-00368

Originating Judge:Thomas H. Shriver
Davidson County Court of Criminal Appeals 09/29/98
Juan Walker vs. State

01C01-9708-CR-00371

Originating Judge:Thomas H. Shriver
Court of Criminal Appeals 09/29/98
Chester Kelly vs. Jerry Wooten

02A01-9712-CV-00305

Originating Judge:Dick Jerman, Jr.
Haywood County Court of Appeals 09/29/98
State vs. Helen Cumberbatch

E2000-00047-CCA-R3-CD
The Defendant appeals as of right from the trial court's revocation of her community corrections sentence. She argues that the trial court erred in revoking her community corrections sentence based on unreliable, undocumented hearsay evidence that she had failed a drug screen. The State asserts that the Defendant has waived appellate review of the admission of the hearsay evidence because she failed to object at the hearing. We hold that the trial judge properly considered the hearsay evidence, and she did not abuse her discretion in revoking community corrections because the evidence was sufficient to establish by a preponderance of the evidence that the Defendant had violated the conditions of community corrections by using cocaine. Accordingly, we affirm the judgment of the trial court revoking the Defendant's community corrections sentence.
Authoring Judge: Judge David H. Welles
Originating Judge:Rebecca J. Stern
Hamilton County Court of Criminal Appeals 09/29/98
State vs. Jerry Huskins

01C01-9707-CR-00253

Originating Judge:John A. Turnbull
Putnam County Court of Criminal Appeals 09/29/98
State vs. Gerald Lovelace

01C01-9708-CC-00338

Originating Judge:Robert W. Wedemeyer
Montgomery County Court of Criminal Appeals 09/29/98
State vs. Gerald Lovelace

01C01-9708-CC-00338

Originating Judge:Cheryl A. Blackburn
Davidson County Court of Criminal Appeals 09/29/98
01C01-9701-CC-00549

01C01-9701-CC-00549

Originating Judge:John H. Gasaway, III
Robertson County Court of Criminal Appeals 09/29/98
Carl Jordan vs. State

01C01-9711-CR-00528
Davidson County Court of Criminal Appeals 09/29/98
State vs. Clarence C. Nesbit

02S01-9705-CR-00043
Shelby County Supreme Court 09/28/98
State vs. Dennis Keith and Timothy Collins

02S01-9604-CC-00035
Supreme Court 09/28/98
State vs. Clarence C. Nesbit

02S01-9705-CR-00043

Originating Judge:Arthur T. Bennett
Shelby County Supreme Court 09/28/98
State of Tennessee v. William Timothy Teal

M1999-02580-CCA-R3-CD
Authoring Judge: Sr. Judge L. Terry Lafferty
Originating Judge:John W. Rollins
Coffee County Court of Criminal Appeals 09/28/98
Corporate Catering, Inc. vs. Corporate Catering, Etc., LLC, et al

M1997-00230-COA-R3-CV
This appeal involves a dispute over the use of a defunct catering business's trade name and menu. The owner of the catering business filed suit in the Circuit Court for Davidson County seeking damages for conversion, breach of common-law copyright, and infringement of its business trade name and the distinctive names of its menu items. The trial court granted the defendants' motions for directed verdict regarding the conversion and the common-law copyright claims. After the jury returned a $12,500 verdict on the infringement of the trade name claim, the trial court granted the defendants' motion for a judgment in accordance with their motion for a directed verdict. In the alternative, the trial court, acting as thirteenth juror, set the verdict aside and granted a new trial. On this appeal, the defunct catering business asserts that the trial court erred by dismissing its claims for conversion and breach of common-law copyright. It also asserts that the trial court erred by failing to enter a judgment on the jury's verdict on the trade name claim. We have determined that the trial court decisions are supported by the law, and therefore, we affirm.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Walter C. Kurtz
Davidson County Court of Appeals 09/28/98
State vs. Starling Jean Hiner

01C01-9707-CC-00262

Originating Judge:John W. Rollins
Coffee County Court of Criminal Appeals 09/28/98
State vs. Dennis Keith and Timothy Collins

02S01-9604-CC-00035
Madison County Supreme Court 09/28/98
Ruff vs. State

03S01-9711-CC-00140
Blount County Supreme Court 09/28/98
Angela N. Bilbrey v. American Nat'L. Bank & Trust Co.

03S01-9708-CH-00092
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. section 5-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. The appellant contends the evidence preponderates against the chancellor's findings that the employee's permanent mental and physical injuries arose out of and in the course of her employment. As discussed below, the panel has concluded the judgment should be affirmed. At the time of the trial, the employee or claimant, Angela Bilbrey, was fifty years old. She has a high school education and attended a business school for two years. She has served in the United States Navy, where she received some technical training. She has worked for American National Bank, now SunTrust, since 1979 as a collector or account adjuster. In April of 1987, she went to Sierra-Tuscon, an alcohol and drug dependency center, where she was treated for emotional problems related to her family situation and her difficulty coping with them. There is some history of mental dysfunction in her family and there is evidence she was mistreated by her mother and that her former husband is a recovering alcoholic. She told a psychologist at Sierra- Tuscon she wanted "to know why I am unhappy a lot." She worked on the third floor of her employer's building. On June 29, 1993, she and another employee entered an elevator on the third floor to go to the lobby floor. The elevator fell from the third floor to some distance below the lobby floor, before stopping suddenly. She remained "stuck" in the elevator for approximately half an hour until she could be removed by other persons. Following the injury, she complained of shoulder pain and, after receiving emergency care at East Ridge Hospital, she was referred by the employer to Dr. George Seiters, a licensed and board certified orthopedic surgeon practicing in Chattanooga. Dr. Seiters diagnosed a cervical sprain, left rotator cuff tendinitis with mild impingement syndrome and possible bursitis in the left shoulder, all of which he treated conservatively. When her shoulder pain and loss of motion persisted, he injected her shoulder with six milligrams of cortisone on October 2
Authoring Judge: Joe C. Loser, Jr., Special Judge
Originating Judge:Hon. Howell N. Peoples,
Knox County Workers Compensation Panel 09/25/98
Goble vs. State

03C01-9711-CR-00503

Originating Judge:James E. Beckner
Greene County Court of Criminal Appeals 09/25/98
Bickers, et al. vs. State

03C01-9706-CR-00218
Greene County Court of Criminal Appeals 09/25/98