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State vs. Robert Gwin 02C01-9512-CR-00380	Shelby County	Court of Criminal Appeals	10/13/97
State vs. Murphy 01S01-9602-CC-00035		Supreme Court	10/13/97
S tate vs. Stephanie Dowagiac 02C01-9610-CR-00353 Originating Judge:Chris B. Craft	Shelby County	Court of Criminal Appeals	10/13/97
State vs. Terrance Royal/Richard Marlowe 02C01-9609-CR-00299	Shelby County	Court of Criminal Appeals	10/13/97
State vs. Shonda McGill 02C01-9507-CC-00194	Hardin County	Court of Criminal Appeals	10/10/97
Maney vs. State 03C01-9612-CR-00470	Bradley County	Court of Criminal Appeals	10/10/97
State vs. Shonda McGill 02C01-9507-CC-00194 Originating Judge:C. Creed Mcginley	Hardin County	Court of Criminal Appeals	10/10/97
Miller vs. State 03C01-9608-CR-00288 Originating Judge:Douglas A. Meyer	Hamilton County	Court of Criminal Appeals	10/10/97
Cooner vs. Cooner 01A01-9701-CV-00021 Originating Judge:Muriel Robinson	Davidson County	Court of Appeals	10/10/97
State vs. Gary Poplar 02C01-9609-CC-00316 Originating Judge:Jon Kerry Blackwood	Hardeman County	Court of Criminal Appeals	10/10/97
Tuttle vs. Tuttle 01A01-9512-CV-00546 Originating Judge:Gerald L. Ewell, Sr.	Coffee County	Court of Appeals	10/10/97
State vs. Steven Little 02C01-9605-CC-00168 Originating Judge:Whit A. Lafon	Madison County	Court of Criminal Appeals	10/10/97
Family Golf of Nashville, Inc. vs. Metropolitan Gov't. 01A01-9612-CH-00557 Originating Judge:Irvin H. Kilcrease, Jr.	Davidson County	Court of Appeals	10/10/97
Bernard and Bernard vs. Houston Ezell Corp. et al 01A01-9701-CH-00015 Originating Judge:Cornelia A. Clark	Williamson County	Court of Appeals	10/10/97
State vs. Bailey 03C01-9601-CR-00028 Originating Judge:R. Jerry Beck	Sullivan County	Court of Criminal Appeals	10/10/97
State vs. John Gillon 02C01-9610-CC-00363 Originating Judge:Joseph H. Walker, III	Lauderdale County	Court of Criminal Appeals	10/10/97
State vs. Bradley 03C01-9609-CR-00349		Court of Criminal Appeals	10/10/97
Cooner vs. Cooner 01A01-9701-CV-00021	Davidson County	Court of Appeals	10/10/97
State of Tennessee vs. Quantreal Underwood 02C01-9604-CR-00120 The defendant, Quantreal Underwood, was convicted of second degree murder and two counts of aggravated robbery.1 The trial court imposed a Range I, twenty-five-year sentence for second degree murder and two concurrent eight-year sentences on each count of aggravated robbery. Authoring Judge: Judge Gary R. Wade Originating Judge:Judge L. Terry Lafferty	Shelby County	Court of Criminal Appeals	10/09/97
Horace A. LaRue, and Carla LaRue, Parents and next of kin of Randall Charles LaRue, Deceased., v. 1817 Lake Incorporated, D/B/A Bonkers, Howard Tannenbaum, Ricky Chambers, Robert Archer, and Danny G. Brewer 03A01-9702-CV-00053 This case arises from a motorcycle accident in which Randy LaRue, the 20-year old son of the plaintiff's, was killed. Plaintiff's sued 1817 Lake, Inc., D/B/A/ Bonkers, a Knoxville restaurant and bar, and Howard Tannenbaum, presidetn of 1817 Lake Inc., alleging that the defendant negligently and unlawfully served Randy and his companion, defendant Danny Brewer, alcoholic beverages on the evening of the accident. Plaintiffs also sued Robert Archer, the bartender who allegedly provided LaRue and Brewer with the drinks, and Ricky Chambers, the doorman on duty at Bonkers that night. The remaining defendant, Danny G. Brewer was the operator of the motor cycle at the time of the accident which resulted in Randall Charles LaRues, death. Authoring Judge: Judge Don T. McMurray Originating Judge:Judge Wheeler Rosenbalm	Knox County	Court of Appeals	10/09/97
State of Tennessee vs. Robert Lee Fleenor 03C01-9611-CR-00400 The appellant, Roger Lee Fleenor, appeals the sentence imposed by the Sullivan County Criminal Court upon his plea of guilty to the offense of attempt to commit aggravated sexual battery, a class C felony. Pursuant to a negotiated plea, the appellant received a sentence of eight years as a range II offender. The manner of service of the sentence was submitted to the trial court for determination. Following a sentencing hearing, the trial court denied any form of alternative sentence and ordered that the sentence be served in the Department of Correction. The appellant now appeals this decision. Authoring Judge: Judge David G. Hayes Originating Judge:Judge R. Jerry Beck	Sullivan County	Court of Criminal Appeals	10/09/97
Wilburn v. Boyle 03S01-9611-CH-00111 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 plaintiff below appeals the trial court's dismissal of his complaint, holding that the plaintiff had not met his burden of proving that he had sustained a permanent vocational disability as a result of his work-related accident. We affirm the trial court's judgment. The plaintiff offered the testimony of himself, his brother, Bobby W ilburn; his parents, Robert and Ruth Wilburn; and Sondra Brown, the record keeper for Med- One, where plaintiff originally received medical treatment. He also submitted the deposition of plaintiff's treating physician, Dr. Jim Brasfield, and the medical report of an examining physician, Dr. Calvin Johnson, along with other documentary exhibits. The defendant offered the testimony of Brian Looney, who had been plaintiff's supervisor at Aquamine; two co-workers of the plaintiff at Aquamine, Gerald Holmes and Paul Pyle; and Robert Rinehart, the manager of Aquamine at the time of these events, as well as documentary evidence. Parties disputed whether the date of the accident was September 25 or 29, 1993, but it was eventually stipulated that adequate notice was given. Plaintiff, Mr. Looney and Mr. Pyle were assembling a pallet rack, when the plaintiff's hand was squashed between the pallet rack and the wall. Plaintiff testified that he jerked his hand out, but Mr. Pyle and Mr. Looney both testified that Mr. Looney immediately pulled the rack back, releasing the plaintiff's hand. Plaintiff further testified that he began to feel pain in his shoulder within ten to fifteen minutes after the incident and that he complained to his co-workers about it. However, all of the defendant's witnesses testified that he did not mention any shoulder pain to them until approximately three weeks after the accident. Plaintiff continued to work very long hours until October 1, 1993, as the defendant was moving from its location in Bristol, Virginia to a new office in Bristol, Tennessee. The accident occurred during the move. 2 Authoring Judge: John K. Byers, Senior Judge Originating Judge:Hon. John S. Mclellan, III,	Knox County	Workers Compensation Panel	10/08/97
James C. Hise, Jr. and wife, Brenda L. Hise, State of Tennessee, Department of Transportationm Bruce Saltsman, Commissioner 02A01-9701-CV-00023 James C. Hise, Jr. and wife, Brenda L. Hise sued the State of Tennessee, the Department of Transportation and its commissioner for damages in an inverse condemnation action. The complaint alleges that, after conveying a portion of their property to the state, they learned that the project adversely impacted their commercial property. The defendants filed a motion to dismiss on the basis of sovereign immunity. The motion was granted and the plaintiffs appealed. Authoring Judge: Judge David R. Farmer Originating Judge:Judge Kay S. Robilio	Shelby County	Court of Appeals	10/08/97
Richard Hitchcock v. WaUSAu Insurance Companies, et al. 01S01-9612-CH-00250 This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. section 5-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. In this appeal, the Second Injury Fund (the fund) contends (1) the evidence preponderates against the trial court's finding that the claimant is permanently and totally disabled, and (2) that it was error to approve a settlement between the employee and employer under the circumstances. The claimant contends the objection to the settlement comes too late. As discussed below, the panel has concluded both judgments should be vacated and the case remanded for further consideration. The employee or claimant, Hitchcock, is forty-two and a high school graduate. On October 14, 1993, he suffered a compensable back injury while employed as a warehouseman for the employer, Service America. He has since had three back operations. The operating surgeon has released him to return to work with lifting, twisting and bending restrictions and assigned a permanent impairment rating of twelve percent to the whole body. On September 5, 1995, the trial court approved a settlement between the claimant and his employer, whereby the claimant received permanent partial disability benefits based on forty-five percent to the body as a whole, paid in a lump sum. The fund did not participate in the settlement. The claimant's return to work has been complicated by two pre- existing conditions, blindness in one eye and limited side vision in the other, and a prior carpal tunnel release. A vocational expert testified the claimant is capable, in his disabled condition, of performing medium or light sedentary work. At the time of the trial, the claimant was in fact employed by Opryland as a cashier. After a trial in which the Second Injury Fund was the only defendant, the trial court found the claimant to be permanently and totally disabled and found the fund liable, pursuant to Tenn. Code Ann. section 5-6- 28(a), for benefits at the claimant's compensation rate from the date the claimant reached maximum medical improvement from the injury until the claimant reaches age sixty-five. Appellate review is de novo upon the record of the trial court, accompanied by a presumption of correctness of the findings of fact, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. section 5-6-225(e)(2). This tribunal is required to conduct an independent examination of the evidence to determine where the preponderance of the evidence lies. Authoring Judge: Joe C. Loser, Jr., Special Judge Originating Judge:Hon. Robert S. Brandt,	Davidson County	Workers Compensation Panel	10/08/97
State of Tennessee vs. Jackie Crowe 03C01-9609-CR-00331 The defendant was convicted by jury of two counts of rape and two counts of incest. He was sentenced as a Range I, standard offender to twelve (12) years for each rape conviction and to six (6) years for each incest conviction to the custody of the Department of Correction. The trial court ordered the defendant to serve the rape convictions consecutive to each other and consecutive to prior unserved sentences but concurrent with the incest convictions. The trial court also imposed fines in the amount of $25,000 for each rape conviction and $10,000 for each incest conviction. Authoring Judge: Judge John K. Byers Originating Judge:Judge Mayo L. Mashburn		Court of Criminal Appeals	10/08/97