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| State vs. Trampas Sweeney
01C01-9702-CC-00053
Originating Judge:William M. Barker |
Williamson County | Court of Criminal Appeals | 02/27/98 | |
| Pehlman vs. Pehlman
03A01-9708-CV-00339
|
Court of Appeals | 02/27/98 | ||
| State vs. Manning
03C01-9501-CR-00012
Originating Judge:R. Steven Bebb |
Bradley County | Court of Criminal Appeals | 02/27/98 | |
| 03A01-9708-CV-OO331
03A01-9708-CV-OO331
|
Anderson County | Court of Appeals | 02/27/98 | |
| Brown vs. Davidson
01A01-9702-CV-00049
|
Court of Appeals | 02/27/98 | ||
| Bellamy vs. State
03A01-9701-BC-00035
|
Court of Appeals | 02/27/98 | ||
| Reid vs. Sundquist
01A01-9709-CH-00494
Originating Judge:Carol L. Mccoy |
Davidson County | Court of Appeals | 02/27/98 | |
| Slate vs. State
03A01-9708-CV-00369
|
Court of Appeals | 02/27/98 | ||
| 01C01-9608-CR-00347
01C01-9608-CR-00347
Originating Judge:Ann Lacy Johns |
Davidson County | Court of Criminal Appeals | 02/26/98 | |
| Debra Tipton vs. John Harris
02A01-9706-CV-00114
|
Shelby County | Court of Appeals | 02/26/98 | |
| Ronnie Bradfield vs. Stephanie Cole, et al
02A01-9707-CV-00171
Originating Judge:R. Lee Moore Jr. |
Lake County | Court of Appeals | 02/26/98 | |
| Greenback vs. Loudon
03A01-9706-CV-00207
Originating Judge:Russell E. Simmons, Jr. |
Loudon County | Court of Appeals | 02/26/98 | |
| State vs. Gabriel Blackman
02C01-9704-CC-00135
Originating Judge:Jon Kerry Blackwood |
McNairy County | Court of Criminal Appeals | 02/26/98 | |
| 01C01-9512-CR-00414
01C01-9512-CR-00414
|
Davidson County | Court of Criminal Appeals | 02/26/98 | |
| Virginia vs. Wagner
03A01-9705-CH-00177
Originating Judge:Frank V. Williams, III |
Knox County | Court of Appeals | 02/26/98 | |
| 01C01-9602-CC-00052
01C01-9602-CC-00052
|
Rutherford County | Court of Criminal Appeals | 02/26/98 | |
| State vs. Dewayne Cathey
02C01-9612-CR-00446
Originating Judge:W. Fred Axley |
Shelby County | Court of Criminal Appeals | 02/26/98 | |
| 03C01-9608-CR-00309
03C01-9608-CR-00309
Originating Judge:Frank L. Slaughter |
Sullivan County | Court of Criminal Appeals | 02/25/98 | |
| State vs. Crain
03C01-9604-CC-00149
|
Unicoi County | Court of Criminal Appeals | 02/25/98 | |
| State vs. Alfonzo Chalmers
W2000-00440-CCA-R3-CD
The defendant appeals from his conviction for first degree premeditated murder. He contends that the evidence is insufficient to support the conviction and that the trial court erred by impermissibly commenting on the evidence in violation of article VI, section 9 of the Constitution of Tennessee. We affirm the judgment of conviction.
Authoring Judge: Presiding Judge Joseph M. Tipton
Originating Judge:Chris B. Craft |
Shelby County | Court of Criminal Appeals | 02/25/98 | |
| State vs. Jones
03C01-9701-CR-00016
Originating Judge:Douglas A. Meyer |
Hamilton County | Court of Criminal Appeals | 02/25/98 | |
| State vs. Millsaps
03C01-9601-CC-00044
|
Monroe County | Court of Criminal Appeals | 02/25/98 | |
| State vs. Jeffery Casey
02C01-9701-CC-00015
Originating Judge:Julian P. Guinn |
Decatur County | Court of Criminal Appeals | 02/24/98 | |
| Joseph D. Lewis v. The Yasuda Fire & Marine Ins. Co., et al.
01S01-9702-CV-00036
Authoring Judge: William S. Russell, Retired Judge
Originating Judge:Hon. |
Lewis County | Workers Compensation Panel | 02/24/98 | |
| Ulyes Williams v. City of Knoxville
03S01-9706-CV-00070
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 City of Knoxville contends (1) the claim is barred by the statute of limitations and (2) the trial court erred in not accepting the opinion testimony of the treating physician. The claimant contends the trial court erred in allowing credit for overpaid temporary total disability benefits. The panel has concluded the judgment should be affirmed. The claimant, Williams, has less than an eighth grade education, little or no reading or writing skills and no vocational training. He was 39 years old at the time of the trial. He has worked for the city since about 1988, first as a laborer and later as tractor-mower operator. In 1992, he suffered a compensable back injury, was temporarily disabled and returned to work until September 18, 1995, when he re-injured his back at work. Back surgery was performed on or about November 18, 1995 and he returned to work around March 1, 1996 for a few weeks, quit because of post-surgical problems, then returned again around July 1, 1996. He has since been terminated. This civil action was commenced on March 29, 1996. The defendant filed and served its answer on April 26, 1996, but did not aver therein that the claim was barred by any statute of limitations. That a claim is so barred is an affirmative defense and the facts constituting such defense must be set forth in short and plain terms in a defendant's answer. Tenn. R. Civ. P. 8.3. Moreover, the record fails to establish that the claimant had fair notice of the employer's intention to assert the statute of limitations as a defense. The defense was thus waived. Tenn. R. Civ. P. 12.8. Additionally, the panel finds the defense to be without merit. The first issue is resolved in favor of the appellee. As the employer insists, citing Orman v. Williams Sonoma, Inc., 83 S.W.2d 672, 676 (Tenn. 1991), the trial judge must choose which of conflicting expert medical opinions to accept. We are aware of no rule which 2
Authoring Judge: Joe C. Loser, Jr., Special Judge
Originating Judge:Hon. Dale C. Workman |
Knox County | Workers Compensation Panel | 02/24/98 |