State of Tennessee v. Tony Dale Crass

The Williamson County Grand Jury indicted Tony Dale Crass, Defendant, with driving under the influence (DUI), DUI per se, and possession of a firearm while under the influence. Defendant moved to suppress the evidence, arguing that the State did not have probable cause or reasonable suspicion for the traffic stop and that video evidence of Defendant’s driving was erased and deleted as a result of a malfunctioning recording system in Tennessee Highway Patrol (THP) Trooper Joey Story’s patrol car. The trial court concluded that the loss of video evidence constituted a violation of the State’s duty to preserve potentially exculpatory evidence recognized in State v. Ferguson, 2 S.W.3d 912 (Tenn. 1999), and deprived Defendant of the right to a fair trial. The trial court granted the motion to suppress and dismissed the indictment, and the State appealed. We conclude that the video was not lost or destroyed by the State, (2) that a Ferguson violation is not applicable to a suppression hearing based on reasonable suspicion or probable cause for a traffic stop, (3) that the trial court misapplied the “degree of negligence” Ferguson factor by equating perceived public policy decisions on the part of the State to negligence, and (4) that Defendant’s right to a fair trial can be protected without dismissal of the indictment. We reverse the judgment of the trial court, reinstate the indictment, and remand for further proceedings.

Sarah Berl v. Thomas Berl
M2023-00558-COA-R3-CV
Authoring Judge: Judge Kristi M. Davis
Trial Court Judge: Judge Deanna B. Johnson

This appeal stems from a post-divorce custody modification in which the father sought increased parenting time with his minor daughter, I.B. The trial court agreed with the father that a material change in circumstances had occurred and that a modification of the father’s parenting time was warranted. The trial court also awarded the father $15,000.00, or roughly half, of his attorney’s fees incurred in the trial court proceedings. The mother appeals the trial court’s decision. Because the father was, for the most part, the prevailing party at trial and proceeded in good faith, the trial court did not abuse its discretion in awarding the father a portion of his attorney’s fees. We affirm the trial court’s ruling as to attorney’s fees. However, we vacate the portion of the trial court’s final judgment placing a price cap on the minor child’s therapy fees. Consequently, the trial court’s judgment is affirmed as modified. Finally, we decline to award either party their attorney’s fees incurred on appeal.

Pruett Enterprises, Inc., v. The Hartford Steam Boiler Inspection and Insurance, Co.
03A01-9609-CH-00309
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Chancellor Howard N. Peoples

This non-jury case involves the interpretation of a commercial insurance policy (“the policy”) issued by The Hartford Steam Boiler Inspection and Insurance Company (Hartford) to Pruett Enterprises, Inc. (Pruett). Pruett, the owner and operator of a chain of grocery stores in Hamilton County, sued Hartford under the policy for “spoilage losses to various perishable items [caused] when electrical power to [two of Pruett’s] grocery stores was interrupted as a result of a heavy snow blizzard [on or about March 13, 1993].” Each of the parties filed a motion for summary judgment. Based upon the parties’ stipulation of facts, the trial court granted Hartford partial summary judgment, finding that the loss at 6925 Middle Valley Road, Hixson (“Middle Valley Store”) was not covered by the policy. As to the loss at Pruett’s store at 3936 Ringgold Road, East Ridge (“Ringgold Road Store”), the trial court found a genuine issue of fact and denied Hartford’s motion.

State of Tennessee v. Jacob A. Smith
E2023-01065-CCA-R3-CD
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge G. Scott Green

The defendant, Jacob A. Smith, appeals his Knox County jury conviction of unlawful
possession of a weapon by a convicted felon, challenging the trial court’s denial of his
motion to continue his trial to attain the assistance of an expert witness. Because the
defendant’s motion for new trial was untimely filed and because we decline to waive the
untimeliness of the defendant’s notice of appeal, we dismiss the appeal.

Kim Williams v. The Lewis Preservation Trust
E2023-00085-COA-R3-CV
Authoring Judge: Judge John W. McClarty
Trial Court Judge: Chancellor Melissa Thomas Willis

This is a negligent misrepresentation action in which the plaintiff filed suit against the
attorney responsible for transferring her mother’s assets into an irrevocable trust. The
plaintiff alleged that she approved the transfer because she was erroneously advised that
the terms of the irrevocable trust would require distribution upon her mother’s passing.
The trial court granted summary judgment dismissal in favor of the defendant attorney.
We affirm.

Kris Young v .State of Tennessee
E2022-00235-CCA-R3-PC
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge G. Scott Green

The petitioner, Kris Young, appeals the denial of his petition for post-conviction relief,
which petition challenged his convictions of aggravated kidnapping, aggravated robbery,
and aggravated burglary, alleging that the trial court erred in the jury instructions, that the
evidence was insufficient to support the aggravated kidnapping conviction, that the
kidnapping statutes are unconstitutionally vague, that his aggravated kidnapping
conviction violates the principles of double jeopardy, and that trial and appellate counsel
performed deficiently. Discerning no error, we affirm the denial of post-conviction relief.

Charles Blake Britton v. Liberty Mutual Insurance Co.
03S01-9901-CH-00012
Authoring Judge: John K. Byers, Sr. J.
Trial Court Judge: Hon. Jerri S. Bryant
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated _ 5-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. 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 548, 55 (Tenn. 1995). The application of this standard requires this Court to weigh in more depth the factual findings and conclusions of the trial courts in workers' compensation cases. See Corcoran v. Foster Auto GMC, Inc., 746 S.W.2d 452, 456 (Tenn. 1988). The plaintiff brought this action to recover for an injury which he alleges occurred in February of 1995. The trial judge found the plaintiff had failed to show the injury of 1995 entitled him to recover. We affirm the judgment of the trial court.

Sheila Reece v. J. T. Walker Industries Inc. d/b/a Rite
E2006-01555-WC-R3-WC
Authoring Judge: Jerry Scott, Sr. J.
Trial Court Judge: G. Richard Johnson, Chancellor
This workers= compensation appeal has been referred to the Special Workers= Compensation Appeals Panel of the Tennessee Supreme Court in accordance with Tennessee Code Annotated section 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The employee developed bilateral carpal tunnel syndrome as a result of her employment. The trial court awarded her 50% permanent partial disability to both hands. The employer has appealed, contending the award is excessive. We modify the award to 50% permanent partial disability to both arms, and affirm the judgment

Gary Charles Hill v. Insurance Company of North America
03S01-9712-CH-00150
Authoring Judge: Roger E. Thayer, Special Judge
Trial Court Judge: Hon. Jeffrey F. Stewart,
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 trial court awarded the employee, Gary Charles Hill, 1% permanent partial disability to the body as a whole. The insurance carrier, Insurance Company of North America, has appealed contending the evidence does not support a finding of permanent disability. Employee Hill was 41 years of age at the time of the incident in question and was a high school graduate. A great deal of his work experience has been as a painter but he has operated construction equipment and worked as a carpenter. He had been employed by Raytheon since 1994 and was doing industrial painting on about February 16, 1995. He testified he was operating a grinder under a large- like air compressor when he felt a pull in a muscle. When this pain occurred he was lying down in a somewhat twisted position and was working over his head. He reported the incident to his employer and was given a list of three physicians. He chose Dr. Lester F. Littell and saw him on March 2, 1995. Dr. Littell told him he had a pinched nerve and would probably need surgery. Hoping to avoid surgery, he went to see a private physician, Dr. Ernest Forsten. Dr. Forsten scheduled an M.R.I. examination and later referred him to Dr. Larry Gibson, a neurologist. Plaintiff continued to work with his complaints and was terminated from employment on August 22, 1995. His employer told him the termination was due to his "arrest record." At the trial he told the court the accident caused neck pain and numbness in some of his fingers and thumb. He said he felt his recovery was about 75% back to normal status but he was still having pain in the back of his shoulder and down his left arm. He said he could not return to industrial painting work but he had worked at small painting jobs such as painting bedrooms, porches, fences, etc. All of the expert medical testimony was presented by deposition. Dr. Larry Gibson testified plaintiff had damage or a pinching of his 6th and 7th nerve with subsequent weakness in the left triceps. He stated a nerve conduction study confirmed the diagnosis. Testing also revealed a bulging disc which was due 2

Michael Minthorn vs. State
01C01-9609-CC-00410
Trial Court Judge: J. S. Daniel

01C01-9304-CR-00114
01C01-9304-CR-00114

01C01-9503-CR-00083
01C01-9503-CR-00083

01C01-9504-CR-00119
01C01-9504-CR-00119
Trial Court Judge: J. Randall Wyatt, Jr.

01C01-9505-CC-00127
01C01-9505-CC-00127
Trial Court Judge: Robert E. Burch

01C01-9505-CC-00128
01C01-9505-CC-00128
Trial Court Judge: Jim T. Hamilton

01C01-9505-CC-00148
01C01-9505-CC-00148
Trial Court Judge: Donald P. Harris

01C01-9506-CC-00160
01C01-9506-CC-00160
Trial Court Judge: Robert W. Wedemeyer

01C01-9506-CC-00177
01C01-9506-CC-00177

01C01-9506-CC-00193
01C01-9506-CC-00193

01C01-9506-CC-00213
01C01-9506-CC-00213
Trial Court Judge: Henry Denmark Bell

Thomas Newsome vs State
01C01-9506-CR-00167
Trial Court Judge: Ann Lacy Johns

01C01-9506-CR-00190
01C01-9506-CR-00190
Trial Court Judge: J. Randall Wyatt, Jr.

01C01-9507-CC-00225
01C01-9507-CC-00225

01C01-9507-CC-00229
01C01-9507-CC-00229
Trial Court Judge: Henry Denmark Bell

01C01-9507-CR-000224
01C01-9507-CR-000224
Trial Court Judge: J. Randall Wyatt, Jr.