APPELLATE COURT OPINIONS

Allison Cooke Battles and Leslie Cooke Jones v. First Union Bank, Peggy Smith, Beverly G. Pitt, Leigh Ann Howard, and Exchange Insurance Co - Concurring

01-A-01-9809-CH-00497

Two of the beneficiaries of a will sued the witnesses and a notary public because the will was not properly executed. The plaintiffs also sued a bank, the witnesses’ employer, for not training its employees on how to properly witness wills.  The Chancery Court of Sumner County granted the defendants summary judgment.  We affirm.

Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Chancellor Tom E. Gray
Sumner County Court of Appeals 09/01/99
Tim Taylor v. Robert L. Morris and Terry Muncey - Concurring

01A01-9804-CH-00211

Defendant Terry Muncey appeals, and Plaintiff Tim Taylor cross-appeals, the trial court’s judgment awarding Muncey $1000 in damages on his counterclaim for wrongful injunction against Taylor. We reverse the trial court’s judgment based upon our conclusion that Muncey failed to meet his burden of proving the elements of his claim for wrongful injunction.

Authoring Judge: Judge Farmer
Warren County Court of Appeals 09/01/99
State vs. Roger Vance

03C01-9808-CC-00317
Blount County Court of Criminal Appeals 08/31/99
State vs. Terrell Jackson

W2001-00901-CCA-R3-PC
The petitioner, Terrell E. Jackson, appeals the trial court's denial of post-conviction relief. The issues presented for review are whether the petitioner was denied the effective assistance of counsel and whether he entered a knowing and voluntary guilty plea. The judgment is affirmed.
Authoring Judge: Judge Gary R Wade
Originating Judge:Arthur T. Bennett
Shelby County Court of Criminal Appeals 08/31/99
State vs. Harrison Pearson

03C01-9802-CR-00076

Originating Judge:Stephen M. Bevil
Hamilton County Court of Criminal Appeals 08/31/99
State vs. Jerry Darrell Duncan

03C01-9808-CR-00300
Roane County Court of Criminal Appeals 08/31/99
Rita L. England v. Cigna Insurance Co.

01S01-9804-CH-00082
Authoring Judge: Per Curiam
Originating Judge:Hon. Irvin H. Kilcrease
Davidson County Workers Compensation Panel 08/30/99
Hathaway vs. First Family Financial Svcs.

01S01-9811-FD-00203

Originating Judge:John T. Nixon
Supreme Court 08/30/99
Tire Shredders vs. ERM

02A01-9803-CV-00058

Originating Judge:James F. Russell
Shelby County Court of Appeals 08/30/99
Edwin Elam vs. Martha Elam

02A01-9812-CH-00362

Originating Judge:Dewey C. Whitenton
McNairy County Court of Appeals 08/30/99
Concrete Spaces vs. Sender

01S01-9812-CH-00224

Originating Judge:Cecil Crowson
Davidson County Supreme Court 08/30/99
02A01-9908-CH-00237

02A01-9908-CH-00237
Court of Appeals 08/30/99
Schering Plough Healthcare vs. State Bd. of Equalization

02S01-9810-CH-00096
Shelby County Supreme Court 08/30/99
Abdullah Morrison v. State of Tennessee

W2006-02480-CCA-R3-PC
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Arthur T. Bennett
Shelby County Court of Criminal Appeals 08/30/99
03C01-9809-CC-00316

03C01-9809-CC-00316
Blount County Court of Criminal Appeals 08/30/99
Imogene Dixon v. State

03S01-9810-BC-00111
Authoring Judge: Howell N. Peoples, Special Judge
Originating Judge:The Honorable
Knox County Workers Compensation Panel 08/30/99
Hawkins vs. Hart

01S01-9811-CV-00199
Supreme Court 08/30/99
State vs. Johnny Shields

W2001-01554-CCA-R3-CD
Appellant, Johnny Shields, was convicted of two counts of aggravated sexual battery, a class B felony, following a jury trial. The trial court sentenced Shields, as a Range I offender, to concurrent eleven year sentences in the Department of Correction. On appeal, Shields raises the following issues: (1) whether the evidence was sufficient to support the verdicts, and (2) whether his sentences were proper. After a review of the record, we affirm Shields' convictions but modify his sentences due to misapplication of enhancing and mitigating factors.
Authoring Judge: Judge David G. Hayes
Originating Judge:Donald H. Allen
Madison County Court of Criminal Appeals 08/29/99
Lee Simmons vs. City of Lexington

02A01-9810-CH-00282

Originating Judge:Joe C. Morris
Henderson County Court of Appeals 08/27/99
Wilson vs. Dept. of Corrections

01A01-9806-CH-00302
Davidson County Court of Appeals 08/27/99
Billy Wayne Leslie vs. State

01C01-9806-CR-00242
Davidson County Court of Criminal Appeals 08/27/99
State vs. Melvin Jerome Anderson

03C01-9808-CC-00293

Originating Judge:James B. Scott, Jr.
Anderson County Court of Criminal Appeals 08/27/99
M. S. Carriers, Inc. v. William Oringe

02S01-9804-CV-00042
This workers' compensation appeal was referred to the Special W orkers' Compensation Appeals Panel of the Supreme Court pursuant to Tenn. Code Ann. _ 5-6- 225(e)(3) (Supp. 1998) for a hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The plaintiff/counter-defendant employer in this case, M.S. Carriers, Inc., originally filed a petition against the defendant/counter-plaintiffemployee, William Oringe, requesting a dismissal of Mr. Oringe's workers' compensation claim for an injury that the company alleged was not work-related. Mr. Oringe filed an answer and counter-complaint for benefits against the company. To avoid confusion on appeal, we will refer to Mr. Oringe as "the claimant" and to M.S. Carriers, Inc., as "the employer." The case was tried on March 9, 1998. The trial judge found that the claimant failed to prove that his injury arose out of and in the course of employment with M.S. Carriers, Inc., on January 16, 1997. The claimant presents several issues on appeal that can be summarized as follows: (1) Whether the trial court erred in allowing a computer printout surrounding the date in question to be used in the testimony of David Work, the claimant's supervisor at the time of the accident; and (2) whether the trial court erred in finding that the claimant did not sustain a work-related injury. After a careful review of the record, we find that the judgment of the trial court must be affirmed. At the time of trial, the claimant testified that he was a 33-year-old high school graduate with some vocational training in welding and truck driving, as well as experience as a supply clerk in the National Guard. He worked for the employer, M.S. Carriers, Inc., as an over-the-road truck driver from October of 1991 until January of 1997. In addition to driving a truck, the claimant was responsible for loading and unloading various types of cargo at their destinations. He testified that he had sustained two previous injuries to his back while working for the employer. The first injury occurred in 1993 or 1994 and healed normally. The second injury occurred on October 18, 1996, while the claimant was unloading a refrigerator from a truck with a two-wheeler, and his back "popped." He was treated by his family physician, Dr. James R. Jacobs, who referred him to a neurosurgeon, Dr. Gregory F. Ricca. An MRI revealed a bulging disc, and the claimant was released from 2
Authoring Judge: L. Terry Lafferty, Senior Judge
Originating Judge:Hon. James F. Russell, Judge
Shelby County Workers Compensation Panel 08/27/99
Daniel Benson Taylor vs. State

01C01-9904-CC-00132
Court of Criminal Appeals 08/27/99
Doe vs. HCA Health Services of TN

01A01-9806-CV-00306

Originating Judge:Hamilton V. Gayden, Jr.
Davidson County Court of Appeals 08/27/99