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| State vs. David Orr
W1998-00010-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:John Franklin Murchison |
Madison County | Court of Criminal Appeals | 05/19/00 | |
| State of Tennessee v. Roger D. Mccrary,
01C01-9906-CR-00202
Originating Judge:J. O. Bond |
Smith County | Court of Criminal Appeals | 05/19/00 | |
| James William Taylor v. State of Tennessee
01C01-9809-CC-00384
The petitioner, James William Taylor, appeals the dismissal of his petition for post-conviction relief
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:Judge Donald P. Harris |
Williamson County | Court of Criminal Appeals | 05/19/00 | |
| Dougals Blair vs. Tracey M. Norris, et al
E1999-00836-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Sharon J. Bell |
Knox County | Court of Appeals | 05/17/00 | |
| State vs. Charles Eddie Hartman
M1998-00803-CCA-R3-DD
Authoring Judge: Judge Joe G. Riley
Originating Judge:Robert W. Wedemeyer |
Montgomery County | Court of Criminal Appeals | 05/17/00 | |
| Harris vs. Hensley
M1999-00654-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Robert L. Jones |
Wayne County | Court of Appeals | 05/17/00 | |
| State vs. William Douglas Ellis
M1999-783-CCA-R3-CD
The appellant, William Donald Ellis, was convicted by a Sumner County jury of one count of rape of a child, two counts of aggravated sexual battery, and two counts of assault. The trial court imposed a sentence of twenty-five (25) years incarceration in the Tennessee Department of Correction for the offense of rape of a child, ten (10) years incarceration in the Department for each count of aggravated sexual battery, and six (6) months incarceration in the Sumner County Jail for each count of assault. The trial court ordered that the appellant serve his sentences for rape of a child and aggravated sexual battery consecutively to each other and concurrently with his sentences for assault, resulting in an effective sentence of forty-five (45) years incarceration. On appeal, the appellant presents the following issues for our review: (1) whether the trial court erred in denying his motion to suppress evidence obtained by police as a result of the warrantless search of his home; (2) whether the trial court should have required the State to elect between Counts One and Six of the indictment; (3) whether the evidence adduced at trial supports the jury's findings of venue; and (4) whether the evidence adduced at trial supports the jury's verdict of guilt of rape of a child. Following a review of the record and the parties' briefs, we affirm in part and reverse and remand in part the judgments of the trial court.
Originating Judge:Jane W. Wheatcraft |
Sumner County | Court of Criminal Appeals | 05/17/00 | |
| State, ex rel vs. Xantus
M2000-00120-COA-R10-CV
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Carol L. Mccoy |
Davidson County | Court of Appeals | 05/17/00 | |
| State, ex rel vs. Xantus
M2000-00120-COA-R10-CV
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Carol L. Mccoy |
Davidson County | Court of Appeals | 05/17/00 | |
| State vs. David Ryan Swanson
E1998-00041-CCA-R3-CD
Authoring Judge: Judge Gary R Wade
Originating Judge:Douglas A. Meyer |
Hamilton County | Court of Criminal Appeals | 05/16/00 | |
| Martin, et al vs. Coleman
E1998-00739-SC-R11-CV
Authoring Judge: Justice Janice M. Holder
Originating Judge:John A. Turnbull |
Cumberland County | Supreme Court | 05/16/00 | |
| Purchased Parts vs. Royal Appl. Co.
W1999-01550-COA-R3-CV
This appeal involves a dispute over jurisdiction. The court below dismissed the case for lack of personal jurisdiction over the defendant, Royal Manufacturing Corporation. Appellant Purchased Parts Group, Inc. appeals from the trial court's decision.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:John R. Mccarroll, Jr. |
Shelby County | Court of Appeals | 05/16/00 | |
| State vs. Michael Edwards
W1999-00591-CCA-R3-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
Originating Judge:Julian P. Guinn |
Henry County | Court of Criminal Appeals | 05/16/00 | |
| State vs. Willie Douglas
W1999-00282-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Originating Judge:W. Fred Axley |
Shelby County | Court of Criminal Appeals | 05/16/00 | |
| State vs. Damion Carrick
w1998-00655-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Originating Judge:W. Fred Axley |
Shelby County | Court of Criminal Appeals | 05/16/00 | |
| Linda Gage vs. Riley Gage
W1999-01513-COA-R3-CV
This is a divorce case. The wife filed for divorce approximately fourteen months after she moved out of the marital home. The husband filed an answer and counter-complaint for divorce. The trial court granted the divorce to the wife and awarded her half of the value of the husband's pension and alimony in futuro. Husband appeals. We affirm.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:George R. Ellis |
Crockett County | Court of Appeals | 05/16/00 | |
| Rebecca Cole-Turner vs. Christian Psy.
W1999-00707-COA-R3-CV
This appeal involves a dispute over money Plaintiffs paid into a reserve fund while they were employed by Defendant Christian Psychological Center. Plaintiffs believed that the money they contributed to the fund would later be refunded. However, when Plaintiffs resigned from the Center and requested that the money be returned, the Center refused to return the money. The Chancery Court held that Plaintiffs might be entitled to a refund of a portion of monies that they had paid into the reserve fund if the funds were not used by Defendant for ordinary and necessary operating expenses. The Chancery Court then referred the case to a Special Master for a determination of how the funds were spent by the Center. The Special Master held that the Plaintiffs were not entitled to a refund, as the Defendant Center used the reserve funds for ordinary and necessary operating expenses. For the reasons stated hereafter, we affirm.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Floyd Peete, Jr. |
Shelby County | Court of Appeals | 05/16/00 | |
| State vs. Tracy Davidson
W1999-00080-CCA-R3-PC
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:W. Fred Axley |
Shelby County | Court of Criminal Appeals | 05/16/00 | |
| Billy Childress vs. Natasha Currie
W1999-00471-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Originating Judge:Joseph H. Walker, III |
Lauderdale County | Court of Appeals | 05/15/00 | |
| Roger Kaufman vs. State
W1999-02449-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Originating Judge:Jon Kerry Blackwood |
Hardeman County | Court of Appeals | 05/15/00 | |
| Cassandra Myles vs. Peter Myles
W1999-00495-COA-R3-CV
This is a divorce case. The husband failed to appear for the rescheduled hearing on the wife's motion for default judgment. The trial court granted default judgment and, at a subsequent final divorce hearing from which the husband was also absent, granted the wife a divorce and awarded her alimony in solido. The husband then filed motions to set aside the default judgment and for a new trial, asserting that he had not received notice of either the rescheduled hearing on default judgment or the final divorce hearing. The trial court denied both motions. The husband appeals. We affirm, finding that the husband's neglect was not excusable.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:George H. Brown |
Shelby County | Court of Appeals | 05/15/00 | |
| Lumbermen's Mutual Underwriting Alliance v. Ramon
M1999-00453-WC-R3-CV
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel in accordance with Tenn. Code Ann. _5-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. In this case, the employer contends (1) the trial court erred in awarding, as medical benefits, the fees of an unapproved chiropractor and (2) the award of temporary total disability benefits is excessive. The employee insists the trial court erred in denying him any permanent partial disability benefits. As discussed herein, the panel has concluded the award should be modified by disallowing the unapproved medical benefits, by reducing the award of temporary total disability benefits from fifty-four weeks to two weeks and by awarding permanent partial disability benefits based on fifteen percent to the body as a whole. Tenn. Code Ann. _ 5-6-225(e)(3) Appeal as of Right; Judgment of the Circuit Court Modified LOSER, SP. J., in which DROWOTA, J., and CANTRELL, SP.J. joined. Richard C. Mangelsdorf, Jr., Leitner, Williams, Dooley & Napolitan, Nashville, Tennessee, for the appellant, Lumbermen's Mutual Underwriting Alliance, Appellant Martin S. Sir, Nashville, Tennessee, for the appellee, Ramon Sanchez MEMORANDUM OPINION The employee or claimant, Sanchez, is forty-five years old and has a seventh or eighth grade education. He moved to the United States from Puerto Rico in 1969. He has experience in construction labor. He began working for the employer, Concrete Form Erectors, in March of 1995. On April 23, 1996, while working for the employer, the claimant and another worker, Robert Garst, were constructing forms for a wall when it began to sway because of high winds. As the wall was -2-
Authoring Judge: Loser, Sp. J.
|
Davidson County | Workers Compensation Panel | 05/15/00 | |
| Globe Business Furniture, Inc. v. Edeltraub Ingrid Morris
M1999-00393-WC-R3-CV
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel in accordance with Tenn. Code Ann. _5-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. The employer, Globe, initiated this action for a declaration of the extent of its liability, if any, to the employee, Morris, for an injury to her finger. The employee, Morris, filed a counterclaim seeking medical and disability benefits. After a trial on the merits, the trial judge found (1) that the injury did not arise out of and in the course of employment and (2) the claimant was not permanently disabled to any extent. The counterclaim was dismissed at the cost of Ms. Morris. By this appeal, the employee insists the trial judge erred in finding that the claimant's injury did not occur while she was performing a "special errand" for the employer and in refusing to award any disability benefits. As discussed herein, the panel finds that the injury is compensable and remands the case to the trial court for further proceedings. Tenn. Code Ann. _ 5-6-225(e) Appeal as of Right; Judgment of the Circuit Court reversed in part; and Remanded Loser, Sp. J., delivered the opinion of the panel, in which Drowota, J. and Gayden, Sp. J. joined. D. Stuart Caulkins, Stillman, Karr & Wise, Nashville, Tennessee, for the appellant, Edeltraub Ingrid Morris. Arthur E. McClellan, Gallatin, Tennessee, for the appellee, Globe Business Furniture of Tennessee, Inc. MEMORANDUM OPINION The facts are not disputed. The claimant came to the United States in 1988 from her home country of Germany. She graduated from high school in Germany and had three years of training in a hotel -2-
Authoring Judge: Per Curiam
|
Sumner County | Workers Compensation Panel | 05/15/00 | |
| State vs. Percy Farris
W2001-01787-CCA-R3-CD
The Defendant, Percy Perez Farris, was convicted by a jury of attempt to commit first degree premeditated murder and especially aggravated robbery. The trial court sentenced the Defendant to twenty-five years for each offense, to be served concurrently in the Department of Correction. In this direct appeal the Defendant raises the following issues: (1) whether the trial court erred in denying the Defendant's motion to change venue; (2) whether the trial court erred in refusing to suppress identification testimony; (3) whether the trial court erred in refusing to suppress evidence concerning the victim's blood; (4) whether the evidence is sufficient to support the convictions; and (5) whether cumulative error requires a new trial. We affirm the judgment of the trial court.
Authoring Judge: Judge David H. Welles
Originating Judge:Jon Kerry Blackwood |
McNairy County | Court of Criminal Appeals | 05/14/00 | |
| John Layton vs. Penny Layton
W1999-02274-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Originating Judge:D'Army Bailey |
Shelby County | Court of Appeals | 05/12/00 |