APPELLATE COURT OPINIONS

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Howell vs. State

03C01-9703-CR-00095
Court of Criminal Appeals 09/10/97
State vs. Ray Douglas

02C01-9610-CR-00349
Court of Criminal Appeals 09/10/97
State vs. Doyle Hart

02C01-9612-CC-00451
Court of Criminal Appeals 09/10/97
State vs. Sammy Golden

02C01-9611-CR-00393
Shelby County Court of Criminal Appeals 09/10/97
Glover v. Philips

03S01-9607-CV-00076
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, who was 38 years of age at the time of this trial and who has a meager education, testified she fell over a fan on September 15 or 16, 1993 while working for the defendant and injured her back. The trial judge awarded 31% permanent partial disability to the body as a whole. We affirm in part and reverse in part. The plaintiff testified she told her supervisor at the time of the fall that she was injured. The supervisor denied he received this report. The dispensary nurse at the plant notes that on September 16 at 3:45 p.m., the plaintiff came to the dispensary and complained of back pain which, the note showed, was reported to be the result of a fall three years previously. There is no indication the nurse in the dispensary referred the plaintiff to an approved physician for treatment or evaluation of work injuries. The entry shows the plaintiff was sent home and ordered to take Advil for the pain. On September 17, 1993, the plaintiff was seen by Dr. Stanley of the Takoma Medical Group. Medicine for pain and muscle relaxers were prescribed for the plaintiff. The plaintiff was next seen in March 1994 by the group, then June 13, 1994, July 2, 1994, October 4, 1994, November 1, 1994 and March 1995. The testimony concerning the plaintiff's treatment and depression was given by Dr. Richard J. Aasheim, a family practitioner. The testimony reveals the plaintiff had a plethora of ailments, many attributable to her general physical condition, which showed a person 5'2" who weighed more than 18 pounds and was moderately obese. We need not go into great detail concerning the overall medical findings concerning the plaintiff. The pertinent parts of the doctor's testimony for the purpose of this case is his finding the plaintiff had lower back pain and muscle spasm as a result of the fall she related to him, with underlying chronic back pain prior to the fall. He testified that the fall aggravated and advanced pre-existing chronic back pain. 2
Authoring Judge: John K. Byers, Senior Judge
Originating Judge:Hon. Ben K. Wexler,
Knox County Workers Compensation Panel 09/10/97
State vs. Farr

03C01-9701-CR-00004
Knox County Court of Criminal Appeals 09/10/97
State vs. Cleophes Carter

02C01-9603-CR-00083

Originating Judge:James C. Beasley, Jr.
Shelby County Court of Criminal Appeals 09/10/97
State vs. Leslie Thompson

02C01-9607-CR-00245
Court of Criminal Appeals 09/10/97
State vs. Gary Cooper

02C01-9610-CC-00334

Originating Judge:Joe G. Riley. Jr.
Lake County Court of Criminal Appeals 09/10/97
State vs. Lawson

03C01-9608-CR-00282
Hancock County Court of Criminal Appeals 09/10/97
State vs. Haney

03C01-9612-CC-00449

Originating Judge:Rex Henry Ogle
Cocke County Court of Criminal Appeals 09/10/97
State vs. Cleophes Carter

02C01-9603-CR-00083
Shelby County Court of Criminal Appeals 09/10/97
Bass vs. State

03C01-9612-CR-00466

Originating Judge:Lynn W. Brown
Johnson County Court of Criminal Appeals 09/10/97
James Lowery, et al vs. Gary & Emily Franks

02A01-9612-CV-00304

Originating Judge:John Franklin Murchison
Madison County Court of Appeals 09/10/97
03C01-9610-CR-00380

03C01-9610-CR-00380
Carter County Court of Criminal Appeals 09/10/97
Jerel Hughes v. Dept. of Correction

M2001-00074-COA-R3-CV
Petitioner, a state inmate, filed the underlying action seeking review of actions taken by the Tennessee Department of Correction and the Tennessee Board of Probation and Parole, including the decision of the Board to deny parole and set the next parole hearing two years later. Petitioner had been convicted of an additional felony while on parole from a previous felony conviction. The trial court dismissed the petition for failure to state a claim under Tenn. R. Civ. P. 12.02(6). For the reasons set forth below, we affirm the decision of the trial court.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Ellen Hobbs Lyle
Davidson County Court of Appeals 09/10/97
03CO1-9610-CR-00373

03CO1-9610-CR-00373
Knox County Court of Criminal Appeals 09/10/97
State vs. James Corder

02C01-9606-CC-00189
Court of Criminal Appeals 09/10/97
Montgomery vs. State

03C01-9507-CC-00189

Originating Judge:Arden L. Hill
Carter County Court of Criminal Appeals 09/10/97
State vs. Jerry Dorsey

02C01-9508-CR-00218

Originating Judge:W. Fred Axley
Shelby County Court of Criminal Appeals 09/09/97
Randall E. Deskins, et ux., v. Beulah M. Williams

03A01-9701-CV-00023

Randall E. Desksins and his wife Thelma Jean Deskins, appeal a judgment of the Circuit Court for Sevier County, entered pursuant to a juryverdict, which dismissed their claim against Beulah M. Williams for personal injuries suffered by Mr. Deskins and loss of consortium and services by Mrs. Deskins, resulting from an automobile accident occurring on June 3, 1989. Mr. Deskins also appeals a judgmentin favor of the original Defendant and Counter-Plaintiff, Beulah M. Williams.

Authoring Judge: Presiding Judge Houston M. Goddard
Originating Judge:Judge Rex Henry Ogle
Sevier County Court of Appeals 09/09/97
State vs. Johnny Mukes

02C01-9610-CR-00320

Originating Judge:John P. Colton, Jr.
Shelby County Court of Criminal Appeals 09/09/97
State vs. Abraham Galmore

02C01-9607-CR-00230

Originating Judge:Joseph B. Dailey
Shelby County Court of Criminal Appeals 09/09/97
State vs. Paul Mason

02C01-9611-CC-00404

Originating Judge:Joe G. Riley. Jr.
Lake County Court of Criminal Appeals 09/09/97
State vs. Mario Campbell

02C01-9705-CR-00197
Shelby County Court of Criminal Appeals 09/09/97