APPELLATE COURT OPINIONS

The defendant, Barry C. Melton, was convicted of facilitating the manufacture of methamphetamine, a Class D felony, and possession of methamphetamine and possession of drug paraphernalia, Class A misdemeanors. The trial court sentenced him as a Range I, standard offender to two years for the felony conviction and eleven months, twenty-nine days for each of the misdemeanor convictions, for a total effective sentence of two years, with sixty days to be served in confinement and the balance on probation. On appeal, he argues that the evidence is insufficient to support his facilitation conviction and that he should have been granted full probation. Following our review, we affirm the judgments of the trial court.

I respectfully dissent from the result reached by the majority, and would affirm the judgment of the trial court. In 1978, based upon the United States Supreme Court’s decisions in Burks v. United States, 437 U.S. 1, 98 S. Ct. 2141 (1978), and Greene v. Massey, 437 U.S. 19, 98 S. Ct. 2151 (1978), the Tennessee Supreme Court held in State v. Cabbage, 571 S.W.2d 832, 835 (Tenn. 1978), that the thirteenth juror rule in Tennessee must be abolished, because it violated principles of double jeopardy.

We granted this appeal to address whether a previous workers’ compensation award can be reconsidered under Tennessee Code Annotated section 50-6-241(a)(2) if the employee sustains subsequent work-related injuries for which he seeks compensation. Upon review, we hold that reconsideration of a prior award under Tennessee Code Annotated section 50-6-241(a)(2) is not precluded by a subsequent work-related injury for which the employee seeks compensation. Accordingly, we affirm the trial court’s judgment.

Mother appeals finding of contempt for failure to make child support payments and argues that the trial court failed to make the requisite finding regarding her ability to pay. Because there was no evidence introduced to show Mother had the ability to pay, we reverse.

The parties entered into a marital dissolution agreement that included both a provision requiring the husband to pay a fixed amount of child support each month and a provision requiring the husband to pay 21% of bonuses and all other income as child support. After careful review, we conclude that the 21% provision is legally enforceable as part of the parties’ agreement and that the 21% provision merged into the final decree of divorce and therefore became subject to modification. Although the trial court found that a modification of both the fixed amount provision and the 21% provision was warranted, the trial court erred in failing to apply the applicable statute and the child support guidelines in effect as of the date of the hearing and in failing to consider the husband’s adoption of three children in modifying the 21% provision. The trial court properly refused to consider the husband’s capital losses in calculating child support due from his capital gains. Accordingly, the judgment of the Court of Appeals is affirmed in part and reversed in part, and the case is remanded to the trial court for further proceedings consistent with this opinion.

This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel in accordance with Tennessee Code Annotated section 50-6-225(e)(3) for hearing and reporting to the Tennessee Supreme Court of findings of fact and conclusions of law. The trial court found the plaintiff was an independent contractor and dismissed his complaint. The trial court further denied the counter-complaint of Travelers Insurance Company and dismissed Travelers Insurance Company's third party complaint against Joey Helton a/k/a Joey Hilton. For the reasons discussed below, we reverse the judgment of the trial court, and we remand the case to the trial court for further proceedings consistent with this opinion.

This workers’ compensation appeal has been referred to the Special Workers’ Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated §50-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. The employee contends the trial court erred in finding that he made a meaningful return to work requiring the award to be capped at two and one-half times the medical impairment. We modify the award.

The defendant, Andre Smith, appeals the trial court’s denial of judicial diversion. The defendant pled guilty to theft over $1000, a Class D felony. Following a hearing, the trial court denied the defendant’s request for judicial diversion and ordered the defendant to serve his sentence on supervised probation. After careful review, we affirm the trial court’s denial of judicial diversion.

Defendant Jackson-Madison County General Hospital District (“Defendant”) appeals a judgment awarding damage for malpractice to Plaintiff Kay Gneiwek (“Plaintiff”) as administrator of the estate of Jerry Alan Taylor. Defendant raises issues pertaining to the competency of Plaintiff’s expert witness, Dr. Douglas Harkrider, M.D., to provide testimony in this case, and further argues that Dr. Harkrider’s testimony failed to establish proximate causation as required under Section 29-26-115 of the Tennessee Code. We affirm in part and reverse in part.

In this action, plaintiff, acting pro se, alleged certain rights were denied to him by the County and several County officials. The Trial Court granted defendants summary judgment. We affirm.

Plaintiffs sued parents of minor child for damages for injuries caused by minor child. The Trial Court granted summary judgment. We affirm.

This is a parental termination case. Before trial, the trial court inquired if the parties wanted a guardian ad litem appointed to represent the interests of the minor child. The parties indicated that no guardian ad litem was needed. After a contested hearing, the trial court terminated the parental
rights of both parents. The sole issue we address in this appeal is whether the trial court was required to appoint a guardian ad litem for the child when the parties did not request the appointment of one. After careful review, it is our determination that because this was a contested parental
termination proceeding, the trial court was required to appoint a guardian ad litem for the minor child pursuant to Tenn. S. Ct. R. 13 §1(d)2(D). This was not a matter that could be waived by the parties.  Therefore, we vacate the judgment of the trial court and remand for appointment of a guardian ad
litem and a trial on the merits.

The petitioner, Octavian Demetrius Reeves, appeals the Madison County Circuit Court’s dismissal of his petition for post-conviction relief from his conviction for second degree murder and resulting sentence of twenty-five years. On appeal, the petitioner claims that he received the ineffective assistance of counsel because his attorney failed to cross-examine witnesses thoroughly and failed to file a motion for a change of venue. We affirm the trial court’s dismissal of the petition.

This case arises from a foreclosure on real property. The Appellants purchased the property from Appellees. Appellees financed the property and the parties executed a promissory note and deed of trust. The Appellants fell behind on their payments and the Appellees accelerated the debt pursuant to the terms of the Note, and ultimately foreclosed on the property. The Appellants filed suit for, inter alia, wrongful foreclosure. The trial court granted partial summary judgment in favor of Appellees, and denied Appellants’ Tenn. R. Civ. P. 59.04 motion to alter or amend the judgment.  Upon disposal of all other claims, the Judgment became final. Appellants appeal. We affirm.

The defendant, Tenica Dickerson, and her sister, Latamia Dickerson, were involved in an argument at a Waffle House in Jackson. She was arrested and charged with disorderly conduct. A jury convicted her for the charged offense. The trial court sentenced her to thirty days to be served at seventy-five percent. The defendant appeals the trial court’s judgment arguing that the evidence is insufficient to support her conviction. We have reviewed the record and find that there is sufficient evidence. Therefore, we affirm the judgment of the trial court.

The petitioner, Danny L. Fish, Jr., appeals the Hardeman County Circuit Court’s dismissal of his petition for post-conviction relief from his conviction for sexual battery by an authority figure, a Class C felony, and his resulting sentence of five years in the Department of Correction. The petitioner contends that he received ineffective assistance of counsel, rendering his no contest plea unknowing and involuntary. We affirm the judgment of the trial court.

This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Tennessee Supreme Court in accordance with the provisions of Tennessee Code Annotated section 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The Defendant Second Injury Fund has appealed the findings of the trial court, which determined that the Employee is entitled to recover permanent total disability until age sixty-six. We find that Employee is not permanently and totally disabled, and we therefore modify the decision of the trial court.

This workers’ compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Tennessee Supreme Court in accordance with Tennessee Code Annotated section 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. In this appeal, the employer insists the evidence preponderates against the trial court's findings that the employee’s back and arm injuries were causally related to his work The employer also insists the trial court erred in making a single award for separate accidental injuries occurring at different times. As discussed below, the Panel has concluded the judgment should be affirmed in part and remanded to the trial court for separate awards for the back and hand injuries.

The owner of a perpetual natural gas pipeline right-of-way easement filed this Declaratory Judgement action to resolve a dispute with the fee simple owners regarding its right of ingress and egress to replace, upgrade and maintain existing underground pipelines. The trial court declared the rights of the gas company were clearly and unambiguously stated in the grant of easement, that it had the right of ingress and egress stated in the Complaint and enjoined the defendants from obstructing or interfering with those rights. The defendants appeal contending the time and manner of the exercise of the right of easement was ambiguous in the grant, and that the court erred by failing to consider the undue burden on the defendants caused by the time the work was scheduled. Finding no error, we affirm.

The Appellant, Jeffrey Owen Walters, was convicted by a Marshall County jury of second degree murder and sentenced to twenty-three years and nine months in the Department of Correction. On appeal, he has raised two issues for our review: (1) whether the evidence is sufficient to support the conviction; and (2) whether the State failed to furnish Walters all of his in-custody statements in violation of Tenn. R. Crim. P. 16. Following review, we conclude that the evidence is sufficient to support the verdict, and, although we find that the State violated the discovery rule, we conclude that the error is harmless. Accordingly, the judgment of conviction is affirmed.

This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. § 50-6-225(e)(3) for hearing and reporting to the Supreme Court findings of fact and conclusions of law. Kenneth Bialecke was killed in a car wreck while going to work early one morning. His widow and minor children sued his employer and its insurance carrier seeking workers' compensation death benefits. After hearing the proof presented at trial, the Chancellor dismissed the cause of action, finding that Mr. Bialecke's death did not arise out of and did not occur in the course of his employment, because the fatal accident occurred as the employee was on his way to his place of employment and, therefore, he had not yet begun his work day. After carefully reviewing the record and applicable authorities, we conclude that the Chancellor's judgment should be affirmed.

This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated section 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. Appellee/Plaintiff, Timothy L. Bingham ("Employee"), alleges that while on a boy scout camping trip he received a tick bite, resulting in Rocky Mountain Spotted Fever ("RMSF"). Employee was diagnosed with severe septic shock, pancreatitis, necrosis in the foot, acute renal failure, dehydration, hepatitis B, high blood pressure, high cholesterol, and HIV. The trial court found Employee's medical condition of acute pancreatitis was caused by the tick bite and that Employee was totally and permanently disabled. Appellant/Defendant, Chickasaw Council, Boy Scouts of America ("Employer"), appeals challenging the ruling of the trial court upon the grounds that medical evidence preponderates against the findings of the trial court. We find the evidence preponderates against the findings of the trial court and reverse the trial court.

The Defendant, Timothy R. Bouton, pled guilty to vehicular manslaughter and reckless endangerment and was sentenced to ten years in the Tennessee Department of Correction. On appeal, the Defendant contends that the trial court erred: (1) when it failed to have him execute an ex post factor waiver with regard to the 2005 Sentencing Act; (2) in its application of enhancement and mitigating factors; and (3) when it denied him probation or other alternative sentencing. After reviewing the record and applicable authorities, we conclude that the trial court erred when it failed to have the Defendant execute an ex post factor waiver with regard to the 2005 Sentencing Act. Therefore, we reverse the case and remand it for a new sentencing hearing.

The Appellant, Jackie Glenn Allen, appeals the sentencing decision of the Lincoln County Circuit Court. Allen pled guilty to the crimes of rape and incest and was subsequently sentenced to concurrent sentences of ten years and six months for the rape and five years for the incest. After review of the record, we affirm the sentences as imposed.

This appeal is from an order of the trial court denying Appellant’s motion for a continuance.  We affirm.