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| In a Habeas Corpus Proceeding. See Haggard v. State, 475 S.W.2D 186, 187 (Tenn.
02C01-9612-CC-00462
|
Lake County | Court of Criminal Appeals | 01/30/97 | |
| Joe L. Utley vs. State
M2003-02415-CCA-R3-CO
The Petitioner, Joe L. Utley, appeals the trial court's denial of his petition for writ of error coram nobis which asserted that newly discovered evidence existed that may have resulted in a different judgment at trial. 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. We find the State's motion has merit. Accordingly, the motion is granted and the appeal is affirmed pursuant to Rule 20, Rules of the Court of Criminal Appeals.
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Seth W. Norman |
Davidson County | Court of Criminal Appeals | 01/30/97 | |
| 01A01-9606-CV-00284
01A01-9606-CV-00284
Originating Judge:Barbara N. Haynes |
Davidson County | Court of Appeals | 01/29/97 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Court of Appeals | 01/29/97 | ||
| Dept. of Children's Services vs. D.S.
M2000-02380-COA-R3-JV
The parental rights of the petitioner (Mother) to her child , "R.", born January 29, 1997 during her Mother's incarceration, were terminated upon a finding that statutory grounds therefore were proved by clear and convincing evidence. Weighing very carefully the Mother's constitutional right to care for her child, on the one hand, and the best interests of the child, on the other, we vacate the judgment and remand for further proceedings.
Authoring Judge: Sr. Judge William H. Inman
Originating Judge:Betty Adams Green |
Davidson County | Court of Appeals | 01/29/97 | |
| 01C01-9512-CC-00405
01C01-9512-CC-00405
|
Wayne County | Court of Criminal Appeals | 01/29/97 | |
| 03C01-9605-CC-00198
03C01-9605-CC-00198
Originating Judge:Rex Henry Ogle |
Sevier County | Court of Criminal Appeals | 01/29/97 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Court of Appeals | 01/29/97 | ||
| 03C01-9506-CR-00173
03C01-9506-CR-00173
Originating Judge:Mayo L. Mashburn |
Bradley County | Court of Criminal Appeals | 01/29/97 | |
| Monica R. Williams, v. Claude Williams
02A01-9604-CV-00088
Claude D. Williams (Husband) appeals from the trial court’s award of rehabilitative alimony to be paid to Monica R. Williams (Wife) at $500 per month for eighteen months. This was a marriage of approximately five years duration. Wife was a junior in college attending school full-time and working two part-time jobs. She testified that her net income was $880 and her expenses $1,507 per month. Husband has an engineering degree and earns approximately $38,000 annually. No children were born to the marriage. Wife was granted the divorce on the grounds of inappropriate marital conduct.
Authoring Judge: Judge David R. Farmer
|
Shelby County | Court of Appeals | 01/29/97 | |
| 03C01-9511-CC-00373
03C01-9511-CC-00373
|
Washington County | Court of Criminal Appeals | 01/29/97 | |
| 01A01-9607-CH-00298
01A01-9607-CH-00298
Originating Judge:Cornelia A. Clark |
Court of Appeals | 01/29/97 | ||
| 01A01-9512-CV-00548
01A01-9512-CV-00548
Originating Judge:Henry Denmark Bell |
Williamson County | Court of Appeals | 01/29/97 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Court of Appeals | 01/29/97 | ||
| 03C01-9508-CC-00243
03C01-9508-CC-00243
Originating Judge:William R. Holt |
Sevier County | Court of Criminal Appeals | 01/28/97 | |
| 03C01-9601-CC-00038
03C01-9601-CC-00038
Originating Judge:Frank L. Slaughter |
Sullivan County | Court of Criminal Appeals | 01/28/97 | |
| 03C01-9606-CC-00210
03C01-9606-CC-00210
Originating Judge:Ben W. Hooper, II |
Cocke County | Court of Criminal Appeals | 01/28/97 | |
| 03C01-9606-CC-00211
03C01-9606-CC-00211
|
Monroe County | Court of Criminal Appeals | 01/28/97 | |
| 03C01-9512-CC-00412
03C01-9512-CC-00412
|
Greene County | Court of Criminal Appeals | 01/28/97 | |
| 03C01-9602-CC-00078
03C01-9602-CC-00078
|
Bradley County | Court of Criminal Appeals | 01/28/97 | |
| 02C01-9510-CR-00301
02C01-9510-CR-00301
Originating Judge:Joseph B. Dailey |
Shelby County | Court of Criminal Appeals | 01/28/97 | |
| 03C01-9511-CC-00365
03C01-9511-CC-00365
|
Anderson County | Court of Criminal Appeals | 01/28/97 | |
| 03C01-9601-CR-00021
03C01-9601-CR-00021
|
Knox County | Court of Criminal Appeals | 01/28/97 | |
| Huttchson vs. Cole
M1999-00204-COA-R10-CV
Authoring Judge: Judge David R. Farmer
Originating Judge:Clara W. Byrd |
Wilson County | Court of Appeals | 01/27/97 | |
| Jerry T. Matheny v. Insurance Co. of North America
02S01-9604-CH-00034
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court inaccordance with Tenn. Code Ann. section 5-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. The issue in this appeal is whether the trial court erred in not enlarging an award, pursuant to Tenn. Code Ann. section 5-6- 241(a)(2). As discussed below, the panel has concluded the judgment should be affirmed. The injury in question occurred on September 5, 1992 to the claimant's neck. The claimant was treated by a physician who assigned a permanent impairment rating of eight percent to the body. The claimant returned to work at a wage equal to or greater than the wage he was receiving at the time of the injury and was awarded permanent partial disability benefits on the basis of two and one-half times the impairment rating, or twenty percent to the body as a whole, paid in a lump sum. The award was made on March 22, 1994. On May 9, 1994, the claimant suffered another injury to his neck at work. From that injury, superimposed upon two previous injuries, including the one in question, he was found to be one hundred percent permanently disabled and awarded benefits accordingly. Because of the disability resulting from the most recent injury, the claimant is unable to return to work. The claimant contends he is therefore entitled to have the previous award enlarged. For injuries arising after August 1, 1992, by Tenn. Code Ann. section 5-6-241(a)(1), in cases where an injured worker is entitled to permanent partial disability benefits to the body as a whole and the pre-injury employer returns the employee to employment at a wage equal to or greater than the wage the employee was receiving at the time of the injury, the maximum permanent partial disability award the employee may receive istwo and one-half times the medical impairment rating. By Tenn. Code Ann. section 5-6- 241(a)(2), if the injured worker thereafter loses his or her pre-injury employment, the court may, upon proper application made within one year of the employee's loss of employment, and if such loss of employment is within four hundred weeks of the day the employee returned to work, enlarge the award to a maximum of six times such impairment rating, allowing the employer credit for permanent partial disability benefits already paid for the injury. The only reasonable interpretation of subsection (2) is that if the injured worker's later loss of employment is causally related to the injury for which an award has been made, the trial judge has the discretion to enlarge the award, if the application is timely made. Any other interpretation would be inconsistent with the long standing rule that an employer takes the employee as 2
Authoring Judge: Joe C. Loser, Jr., Special Judge
Originating Judge:Hon. J. Steven Stafford, |
Lake County | Workers Compensation Panel | 01/27/97 |