APPELLATE COURT OPINIONS

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State vs. Gaylen Scott

02C01-9707-CC-00244
Hardin County Court of Criminal Appeals 06/27/97
Robert & Frances Pilgrim vs. Edward Frazier

02A01-9611-CV-00294

Originating Judge:Joe G. Riley. Jr.
Dyer County Court of Appeals 06/27/97
X2010-0000-XX-X00-XX

X2010-0000-XX-X00-XX
Court of Appeals 06/27/97
Cinda Kay Cantrell vs. James Clarence Cantrell & Marie Loya

01A01-9603-CV-00091

Originating Judge:Marietta M. Shipley
Davidson County Court of Appeals 06/27/97
James Thigpen vs. First City Bank

01A01-9603-CV-00095

Originating Judge:Don R. Ash
Rutherford County Court of Appeals 06/27/97
Emma Crowe vs. James Craig, et al

02A01-9612-CV-00297

Originating Judge:Whit A. Lafon
Madison County Court of Appeals 06/27/97
Cannon vs. Cannon

03A01-9702-CV-00059
Blount County Court of Appeals 06/27/97
Jessie James House vs. State

01C01-9607-CR-00309

Originating Judge:Ann Lacy Johns
Davidson County Court of Criminal Appeals 06/26/97
State vs. Philip Kevin Cook

01C01-9604-CR-00146
Davidson County Court of Criminal Appeals 06/26/97
Shava Lynn Kendrick vs. Larry Bert Kendrick

M2004-00540-COA-R3-CV
This case involves a father's efforts to protect his children from their mother's sexually abusive relatives. When the mother filed for divorce in the Chancery Court for Houston County, she also filed a notice of intent to relocate with the children to the State of New York to be closer to her family, including a stepfather who had sexually abused and raped her when she was a child. Following a bench trial, the trial court declared the parties divorced, designated the mother as the primary residential parent, and permitted the mother to move to the State of New York with the parties' children. The father has appealed, arguing first that the trial court's custody and relocation decisions have exposed the children to an unreasonable risk of sexual abuse and second, that the trial court erred by refusing to designate which of the parties should be permitted to claim the children as tax exemptions. We have determined that the trial court erred by allowing the mother and the children to move to the State of New York without sufficient proof regarding their safety. We have also concluded that the court erred by refusing to address the parties' tax exemption issues.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Leonard W. Martin
Houston County Court of Appeals 06/26/97
State vs. Ronnie Turner

01C01-9602-CR-00077

Originating Judge:J. Randall Wyatt, Jr.
Davidson County Court of Criminal Appeals 06/26/97
State vs. Dale Nolan

01C01-9511-CC-00387

Originating Judge:Buddy D. Perry
Sequatchie County Court of Criminal Appeals 06/26/97
State vs. James Lemacks

01C01-9605-CC-00227
Humphreys County Court of Criminal Appeals 06/26/97
State vs. Christopher Barham

02C01-9606-CC-00205
Madison County Court of Criminal Appeals 06/26/97
State vs. Jimmy Mathis

02C01-9605-CC-00177
Hardin County Court of Criminal Appeals 06/26/97
State vs. Sepulveda

03C01-9402-CR-00069

Originating Judge:Rex Henry Ogle
Jefferson County Court of Criminal Appeals 06/26/97
01CO1-9606-CC-00280

01CO1-9606-CC-00280
Giles County Court of Criminal Appeals 06/26/97
State vs. Steven A. Bush

01C01-9605-CC-00220

Originating Judge:J. Curwood Witt
Dickson County Court of Criminal Appeals 06/26/97
State vs. Robert Vaughn

01C01-9605-CR-00219
Sumner County Court of Criminal Appeals 06/26/97
State vs. Wesemann

03C01-9404-CR-00144

Originating Judge:Edgar P. Calhoun
Sullivan County Court of Criminal Appeals 06/25/97
State vs. Roy Gibson

02C01-9604-CC-00117

Originating Judge:Jon Kerry Blackwood
Fayette County Court of Criminal Appeals 06/25/97
State vs. Hayles

03C01-9603-CR-00113

Originating Judge:Ray L. Jenkins
Knox County Court of Criminal Appeals 06/25/97
State vs. Houston

03C01-9608-CR-00297

Originating Judge:Richard R. Baumgartner
Knox County Court of Criminal Appeals 06/25/97
State vs. Weaver

03C01-9607-CC-00263

Originating Judge:James B. Scott, Jr.
Anderson County Court of Criminal Appeals 06/25/97
Darla Gail Farmiloe v. Saturn Corporation

01S01-9610-CV-00199
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. This complaint was filed June 23, 1994. The plaintiff alleged that she sustained various job-related injuries arising from her employment, the first being November 21, 1991 involving upper back and shoulder pain which developed gradually. The defendant admitted the report of these injuries. Trial of the case in February 1996 resulted in a finding that the plaintiff's job duties advanced the severity of her pre-existing conditions and that she had sustained a 75 percent occupational disability with benefits payable in a lump sum. The employer appeals, and presents for review the issues of (1) whether the plaintiff sustained a compensable injury to her neck, back and left upper extremity, (2) whether the award is excessive, and (3) whether the award should be paid in a lump sum. W e will consider these issues jointly. Our review of the findings of fact made by the trial court is de novo upon the record of the trial court, accompanied by a presumption of the correctness of the finding, unless the preponderance of the evidence is otherwise. TENN. CODE ANN. _ 5-6-225(e)(2). Stone v. City of McMinnville, 896 S.W.2d 584 (Tenn. 1991). Where testimony is presented by deposition, this Court is able to make its own independent assessment of the proof to determine where the preponderance of the evidence lies.
Authoring Judge: William H. Inman, Senior Judge
Originating Judge:Hon. Jim T. Hamilton,
Maury County Workers Compensation Panel 06/24/97