APPELLATE COURT OPINIONS

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State of Tennessee v Terry Bowen

01C01-9505-CC-00158

The appellant, Terry Bowen, was convicted of theft over $1,000, a Class D felony, by a jury of his peers. The trial court found that the appellant was a multiple offender and imposed a Range II sentence consisting of confinement for eight (8) years in the Department of Correction. This sentence is to be served consecutively with the sentences imposed in three prior cases.

Authoring Judge: Presiding Judge Joe B. Jones
Originating Judge:Judge W. Charles Lee
Bedford County Court of Criminal Appeals 08/01/96
State of Tennessee v. Terry Bowen - Concurring

01C01-9505-CC-00158

I concur in the results reached and most of the reasoning used in the majority opinion. However, although I agree that the collateral fact rule essentially remains viable through Rule 403, Tenn. R. Evid., I question its use in this case relative to the appellant’s attempt to impeach Mr. Farrar’s testimony through extrinsic evidencethat Farrar’s son had previously been charged with the appellant and that his son’s charges had been retired on motion of the state.

Authoring Judge: Judge Joseph M. Tipton
Originating Judge:Judge W. Charles Lee
Bedford County Court of Criminal Appeals 08/01/96
State of Tennessee v. John V. Woodruff

01C01-9507-CR-00217

A Davidson County Criminal Court jury found Appellant John V. Woodruff guilty of felony murder, especially aggravated robbery, especially aggravated kidnapping, and first degree murder. Appellant received a life sentence for each murder conviction and a twenty year sentence for both the especially aggravated robbery conviction and the especially aggravated kidnapping conviction. The life sentences were ordered to run consecutive to each other, and the sentences for robbery and kidnapping were ordered to run concurrent with each other and with the life sentence for first degree murder. In this appeal as of right, Appellant presents the following issues for review:(1) whether the trial court erred in allowing the introduction of evidence of sexual assault upon one of the victims; (2) whether the trial court erred in denying a request for a jury instruction on the lesser included offense of criminal attempt to commit especially aggravated robbery; (3) whether the evidence presented at trial is legally sufficient to sustain convictions for especially aggravated robbery and first degree murder; and (4) whether the trial court erred in ordering consecutive life sentences.

Authoring Judge: Judge Jerry L. Smith
Originating Judge:Presiding Judge J. Randall Wyatt, Jr.
Davidson County Court of Criminal Appeals 08/01/96
01A01-9512-CV-00576

01A01-9512-CV-00576

Originating Judge:Muriel Robinson
Davidson County Court of Appeals 07/31/96
Honorable Hamilton v. Gayden, Jr., Judge

01A01-9604-CV-00144

Originating Judge:Hamilton V. Gayden, Jr.
Davidson County Court of Appeals 07/31/96
01A01-9602-CV-00059

01A01-9602-CV-00059

Originating Judge:Muriel Robinson
Davidson County Court of Appeals 07/31/96
Larry H. Mull v. Transport South, Inc.

03S01-9512-CV-00135
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 employee/plaintiff injured his right arm while working as a truck driver for defendant. The trial judge awarded plaintiff 12 percent disability to the right arm. We find that the evidence preponderates against an award of 12 percent and in favor of an award of 2 percent permanent partial disability to the right arm and we affirm the judgment of the trial court as so modified. On February 19, 1993, Plaintiff was trying to pry loose a stuck fuel valve on the employer's fuel truck so that he could fill the truck with jet fuel when his wrist "popped" and started tingling. He went to the emergency room that day for treatment, where he was given a forearm splint. Three days later he saw orthopedic surgeon Dr. Alan Odom, who placed plaintiff on light duty for ten days and told him to 2
Authoring Judge: Senior Judge John K. Byers
Originating Judge:Hon. L. Marie Williams
Hamilton County Workers Compensation Panel 07/31/96
01A01-9601-CV-00006

01A01-9601-CV-00006

Originating Judge:Thomas Goodall
Sumner County Court of Appeals 07/31/96
Vickie Lee Patterson v. Btr Dunlop, Inc., d/b/a Huyck-Formex

03S01-9507-CH-00082
Authoring Judge: Houston M. Goddard, Special Judge
Originating Judge:Hon. DENNIS H. INMAN
Knox County Workers Compensation Panel 07/31/96
With Regard To The Defense Asserted In The Motion. Byrd v. Hall, 847 S.W.2D 208,

01A01-9604-CV-00144
Bradley County Court of Appeals 07/31/96
01A01-9511-CV-00529

01A01-9511-CV-00529

Originating Judge:Hamilton V. Gayden, Jr.
Davidson County Court of Appeals 07/31/96
01A01-9511-CV-00529

01A01-9511-CV-00529

Originating Judge:William C. Koch
Court of Appeals 07/31/96
03C01-9401-CR-00010

03C01-9401-CR-00010

Originating Judge:James E. Beckner
Hamblen County Court of Criminal Appeals 07/31/96
X2010-0000-XX-X00-XX

X2010-0000-XX-X00-XX
Campbell County Court of Appeals 07/30/96
Joyce Jones v. New York Underwriters

03S01-9505-CH-00050
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. Plaintiff alleged injury to her back and neck at work. The trial judge awarded her 15 percent permanent partial disability to the body as a whole. We affirm the judgment of the trial court. Plaintiff was working for at Arcata Graphics on March 17, 1992 when her right index finger was caught in a re-press roller. She tried to jerk her finger out of the roller, fearing her whole hand and arm would be caught, and her supervisor pushed her back from the machine while trying to turn the machine off. She was treated in the emergency room and subsequently referred to Dr. James Phillips, orthopedic surgeon. She received anti-inflammatory medication and underwent physical therapy. Two weeks later she began experiencing increasing pain, "moving up her arm and in her shoulder and neck area," and still later she began having severe headaches on the right side of her head. Dr. Gregory Corradino, a neurologist, began treating plaintiff in late 1993 and performed surgery on her cervical spine. When deposed, Dr. Phillips opined that if plaintiff's finger crush injury were accompanied by a jerking maneuver, it could have caused her disc rupture, and that this possible causal connection would be strengthened if surgery resolved her complaints. Dr. Gregory Corradino found that plaintiff had a herniated cervical disc at C4/5 and performed surgical removal of the disc. W hen asked whether the disc herniation had been caused by plaintiff's jerking her finger out of the press at work, he opined that such motion could cause a disc herniation. Dr. John Marshall, physiatrist, evaluated plaintiff for defendant and treated her for nine months. He opined that although the jerking motion could herniate a disc, he did not think that it had done so in this case. Plaintiff testified that she jerked her head and neck hard to remove her finger from the press. She further said that prior to the injury at Arcata Graphics, she had
Authoring Judge: Senior Judge John K. Byers
Originating Judge:Hon. Richard E. Ladd
Knox County Workers Compensation Panel 07/30/96
03C01-9502-CR-00026Cecil

03C01-9502-CR-00026Cecil

Originating Judge:William M. Barker
Sullivan County Court of Criminal Appeals 07/30/96
03C01-9508-CC-00218

03C01-9508-CC-00218

Originating Judge:Rex Henry Ogle
Blount County Court of Criminal Appeals 07/29/96
03C01-9510-CC-00312

03C01-9510-CC-00312

Originating Judge:D. Kelly Thomas, Jr.
Blount County Court of Criminal Appeals 07/29/96
02C01-9506-CR-00175

02C01-9506-CR-00175
Shelby County Court of Criminal Appeals 07/26/96
02C01-9605-CC-00181

02C01-9605-CC-00181
Hardin County Court of Criminal Appeals 07/26/96
01A01-9603-CV-00094

01A01-9603-CV-00094

Originating Judge:Thomas Goodall
Sumner County Court of Appeals 07/26/96
02C01-9509-CC-00258

02C01-9509-CC-00258

Originating Judge:William M. Barker
Madison County Court of Criminal Appeals 07/26/96
01C01-9508-CC-00265

01C01-9508-CC-00265

Originating Judge:Donald P. Harris
Williamson County Court of Criminal Appeals 07/26/96
01C01-9506-CR-00174

01C01-9506-CR-00174

Originating Judge:Seth W. Norman
Davidson County Court of Criminal Appeals 07/26/96
01A01-9602-CH-00084

01A01-9602-CH-00084

Originating Judge:Robert S. Brandt
Davidson County Court of Appeals 07/26/96