APPELLATE COURT OPINIONS

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Chad Swatzell vs. State

01C01-9604-CC-00154
Williamson County Court of Criminal Appeals 02/24/98
State vs. Grapel Simpson

02S01-9702-CC-00010
McNairy County Supreme Court 02/23/98
State vs. Timothy Dean Martin

01C01-9609-CC-00393

Originating Judge:W. Charles Lee
Lincoln County Court of Criminal Appeals 02/23/98
Shelby County Deputy from the Shelby County Sheriff's Association, et al., v. Shelby County, Tennessee et al.

02A01-9706-CH-00126

This appeal involves a declaratory judgment suit in chancery court related to a previous proceeding in criminal court pursuant to the provisions of the “anti-fee statutes,” T.C.A. § 8-20- 101 et seq.. The plaintiffs are Shelby County Deputy Sheriff’s Association, Sergeant Ronald A. Houston, Sergeant Robert Michael Shelby, Sergeant Ronald Ray, and Sergeant Mark Rochevot. The defendants are Shelby County, Tennessee, the Shelby County Commission, Mayor Jim Rout and Sheriff A. C. Gilless, Jr. The complaint alleges in substance as follows:

Authoring Judge: Presiding Judge W. Frank Crawford
Originating Judge:Chancellor D. J. Alissandratos
Shelby County Court of Appeals 02/23/98
State vs. Anthony Merlo

01C01-9611-CC-00471

Originating Judge:W. Charles Lee
Bedford County Court of Criminal Appeals 02/23/98
Lutcher Eidson vs. State

01C01-9607-CR-00295

Originating Judge:Thomas H. Shriver
Davidson County Court of Criminal Appeals 02/23/98
State vs. Landy Kash

01C01-9705-CR-00179

Originating Judge:J. O. Bond
Smith County Court of Criminal Appeals 02/23/98
Geneva Grahl vs. Lillie Davis, Et al

03S01-9701-CV-00011
Supreme Court 02/23/98
State vs. Hoxie

03S01-9706-CR-00061
Knox County Supreme Court 02/23/98
Johnny Moffitt vs. Carthel Smith

02A01-9705-CV-00095

Originating Judge:John Franklin Murchison
Henderson County Court of Appeals 02/23/98
Rudy Holmes vs. Sheriff Jack Owens, et al

02A01-9706-CV-00115

Originating Judge:James E. Swearengen
Shelby County Court of Appeals 02/23/98
Ray Thompson vs. State

02A01-9705-BC-00102
Court of Appeals 02/23/98
X2010-0000-XX-X00-XX

X2010-0000-XX-X00-XX
Davidson County Court of Criminal Appeals 02/23/98
State vs. Daniel Bailey

02C01-9612-CR-00456

Originating Judge:L. Terry Lafferty
Shelby County Court of Criminal Appeals 02/23/98
State vs. Irwin

03S01-9702-CC-00021
Blount County Supreme Court 02/23/98
Dennis O'Neal Milligan v. Ten-State, Inc .

02S01-9612-CV-00110
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 5-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. On or about July 9, 1993, while employed by the defendant, the claimant was attempting to move a mobile home with the assistance of fellow employees when his foot slipped and he was caused to twist and fall to his knee. He felt a burning sensation in his lower back shortly thereafter and reported this to his supervisor. The company referred him to a Dr. Howard Thomas, who in turn referred him to Dr. R. J. Hornsby. In the course of his examinations and treatments by these physicians, he underwent not only an MRI, an EMG and nerve conduction study, but also an epidural block and myelogram, which gave him a severe spinal headache. Because he continued to complain of pain in the low back upon examination, he was also evaluated by a physical therapist, who reported, ". . . he was totally inconsistent in every test and no impairment was noted that was consistent." (Notes of Dr. Hornsby). No permanent disability rating was given by either Dr. Hornsby or Dr. Thomas. However, claimant was referred by his attorney on October 4, 1994 to Dr. Robert Barnett, for an evaluation. Dr. Barnett saw him one time. Dr. Barnett said that he "thought that he had some lumbar radiculopathy, probably aggravation of preexisting degenerative changes." Dr. Barnett was also of the opinion that the claimant has a permanent impairment of ten percent (1%) of the whole body. When asked what the opinion was based upon, the doctor replied, Medically documented injury with the pain and stiffness, with some radiculopathy, and some limited motion, [giving a reference to the AMA guides]. (Deposition of Dr. Barnett, page 9). The doctor was then asked whether or not the history of claimant injuring himself in July of 1993 on the job "was consistent" with his diagnosis of lumbar radiculopathy and a ten percent (1%) permanent impairment to the body as a whole. The doctor 2
Authoring Judge: Robert A. Lanier, Circuit Judge
Originating Judge:Lanier, Judge
Hardin County Workers Compensation Panel 02/20/98
Devore vs. Deloitte & Touche

01A01-9602-CH-00073

Originating Judge:Robert S. Brandt
Davidson County Court of Appeals 02/20/98
Venture Express vs. Zilly, Ind.

01A01-9704-CV-00172

Originating Judge:Joseph Daniel
Rutherford County Court of Appeals 02/20/98
Bobby Roberson vs. Martha Brasfield, Comm., et al

02A01-9704-CV-00085

Originating Judge:Joseph H. Walker, III
Lauderdale County Court of Appeals 02/20/98
Residents Against Ind. Landfill vs. Dept. of Environment

01A01-9507-CH-00311

Originating Judge:C. Allen High
Davidson County Court of Appeals 02/20/98
Harrison, et. al. vs. Laursen, et. al.

01A01-9705-CH-00238

Originating Judge:Jim T. Hamilton
Giles County Court of Appeals 02/20/98
Dooley (Blalock) vs. Dooley

01A01-9704-CV-00174

Originating Judge:Robert E. Corlew, III
Rutherford County Court of Appeals 02/20/98
State vs. Mattie Davis aka Mattie Hill

01C01-9702-CC-00062

Originating Judge:W. Charles Lee
Marshall County Court of Criminal Appeals 02/20/98
State of Tennessee v. Fred Arthur Stier

W1999-600-CCA-R3-CD

Originating Judge:Julian P. Guinn
Henry County Court of Criminal Appeals 02/20/98
Tarkington vs. Tarkington

01A01-9706-CV-00270
Court of Appeals 02/20/98