APPELLATE COURT OPINIONS

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State vs. Demario Hill aka David Weathers

01C01-9707-CC-00444

Originating Judge:Robert E. Burch
Dickson County Court of Criminal Appeals 09/30/98
State vs. Donald Wallace

01C01-9711-CC-00526

Originating Judge:Leonard W. Martin
Stewart County Court of Criminal Appeals 09/30/98
Sparks vs. Knoxville

03A01-9803-CV-00092
Court of Appeals 09/30/98
Larry T. Carter vs. State

01C01-9710-CR-00488
Davidson County Court of Criminal Appeals 09/30/98
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
Chester Kelly vs. Jerry Wooten

02A01-9712-CV-00305

Originating Judge:Dick Jerman, Jr.
Haywood County Court of 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. Michael Taylor

01C01-9708-CR-00367

Originating Judge:J. Randall Wyatt, Jr.
Davidson County Court of Criminal Appeals 09/29/98
01C01-9709-CC-00414

01C01-9709-CC-00414
Robertson County Court of Criminal 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. 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
Charlotte Thompson vs. Ralph Coulter

02A01-9708-CV-00200

Originating Judge:Jon Kerry Blackwood
Tipton County Court of Appeals 09/29/98
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
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
State vs. Clarence C. Nesbit

02S01-9705-CR-00043

Originating Judge:Arthur T. Bennett
Shelby County Supreme Court 09/28/98
Ruff vs. State

03S01-9711-CC-00140
Blount County Supreme Court 09/28/98
State vs. Dennis Keith and Timothy Collins

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

02S01-9705-CR-00043
Shelby County Supreme Court 09/28/98
The Travelers Ins. Co. v. Karen Morrisett

03S01-9708-CH-00097
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. _ 5-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The appeal has been perfected by the employee-defendant, Karen Morrisett, from a ruling of the trial court in dismissing her complaint for benefits against the plaintiff-insurance carrier, The Travelers Insurance Company. The Chancellor held the employee had failed to carry the burden of proof in establishing a physical and/or mental injury had occurred as a result of her employment activities. Defendant, 34 years of age, possessed a G.E.D. certificate and had worked for her employer, Rittenhouse, for about eight years. She did heavy work and operated a machine that cut large rolls of paper. On April 19, 1995, she testified she was rolling a 2-25 lb. roll of paper underneath a conveyor belt and as she pushed it, she felt a "pull" in her back and upon raising up, she felt pain. She reported the incident and was taken to the emergency room where she said she saw a Dr. Ellis. The next day she saw Dr. John W. Fetzer, the company doctor, who referred her to Dr. Sidney L. Wallace at the Knoxville Orthopedic Clinic. Later she saw several other doctors. She stated her job caused a lot of stress; that she had been told by her supervisor that if her production rate did not increase she would be fired. She also accused her supervisor of sexual abuse. When questioned about this allegation, she said "He liked to touch me." When asked how long this had been going on, she responded, "As long as he was supervisor, but I would always tell him to leave me alone." Counsel asked if anything ever happened between her and the supervisor to which she replied, "No." There were no other details concerning this subject. She also testified she experienced difficulty in walking and sometimes she could not get out of bed on her own movement; that her legs would be numb. On cross-examination, she admitted she had seen a therapist at Cherokee Mental Health Center on April 13, 1995, which was several days prior to the incident in question. She told the therapist she suffered from stress at work; that sometimes she could not swallow her food; that she had panic attacks while driving a vehicle; and she suffered from head pain and dizziness. She admitted she had been 2
Authoring Judge: Roger E. Thayer, Special Judge
Originating Judge:Hon. Chester S. Rainwater, Jr.
Knox County Workers Compensation Panel 09/25/98