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| Tommy Lee Kelley vs. State
01C01-9811-CR-00452
|
Davidson County | Court of Criminal Appeals | 10/13/99 | |
| State vs. Kenneth Johnson
01C01-9809-CR-00372
Originating Judge:Thomas T. Woodall |
Davidson County | Court of Criminal Appeals | 10/13/99 | |
| State vs. Donald K. Moore, Jr.
01C01-9809-CR-00362
Originating Judge:Thomas T. Woodall |
Davidson County | Court of Criminal Appeals | 10/13/99 | |
| State vs. Harold Woodroof
01C01-9809-CR-00361
Originating Judge:J. Randall Wyatt, Jr. |
Davidson County | Court of Criminal Appeals | 10/13/99 | |
| State vs. Delbert G. Mosher
01C01-9807-CC-00320
Originating Judge:Buddy D. Perry |
Franklin County | Court of Criminal Appeals | 10/13/99 | |
| Frank Barnard vs. State
01C01-9807-CR-00296
Originating Judge:Steve R. Dozier |
Davidson County | Court of Criminal Appeals | 10/13/99 | |
| Sinclair vs. State of TN
01A01-9901-BC-00018
|
Court of Appeals | 10/12/99 | ||
| State vs. Schmitz
01A01-9810-JV-00556
Originating Judge:Alfred L. Nations |
Williamson County | Court of Appeals | 10/12/99 | |
| State vs. James E. Frazier
01C01-9801-CC-00036
Originating Judge:J. S. Daniel |
Cannon County | Court of Criminal Appeals | 10/12/99 | |
| Daniel L. Sanders vs. State
01C01-9712-CC-00586
|
Robertson County | Court of Criminal Appeals | 10/12/99 | |
| State vs. Jason Kennedy Frazier
01C01-9812-CC-00484
|
Bedford County | Court of Criminal Appeals | 10/12/99 | |
| Richard Waline vs. State
01C01-9805-CR-00199
Originating Judge:Seth W. Norman |
Davidson County | Court of Criminal Appeals | 10/12/99 | |
| Alvin L. Smith, Jr. vs. State
01C01-9808-CC-00343
Originating Judge:W. Charles Lee |
Lincoln County | Court of Criminal Appeals | 10/12/99 | |
| 01C01-9808-CR-00322
01C01-9808-CR-00322
Originating Judge:Steve R. Dozier |
Davidson County | Court of Criminal Appeals | 10/12/99 | |
| State vs. Michael Cardenas
W2001-01123-CCA-R3-PC
The appellant, Michael Brian Cardenas, appeals from the order of the Chester County Circuit Court denying his petition for post-conviction relief. On appeal, the appellant argues that his guilty plea was involuntary because "he was denied the effective assistance of counsel at the trial level." In the appellant's brief, he raises four general areas of ineffectiveness: (1) his attorney failed to investigate, prepare or present a defense to charges against him; (2) counsel failed to file a motion to suppress the statement that appellant had provided to arresting authorities; (3) counsel failed to file a motion for change of venue; and (4) potential character witnesses were never interviewed to determine whether their testimony could be used during the trial. We find this argument without merit. The judgment of the post-conviction court is affirmed pursuant to Rule 20 of the Rules of the Tennessee Court of Criminal Appeals.
Authoring Judge: Judge David G. Hayes
|
Chester County | Court of Criminal Appeals | 10/12/99 | |
| State v. Erica Hartwell
W2001-03116-CCA-R3-CO
In this appeal the appellant, Erica J. Hartwell, contends that the Circuit Court of Tipton County, Tennessee, erred in denying her a writ of certiorari to review and vacate the orders of the Tipton County General Sessions Court revoking the appellant's probation. She maintains that the general sessions court conducted the probation revocation hearing without proper notice and without informing her of her right to an attorney at the hearing and her right to appeal. We hold that under the circumstances the writ of certiorari is not available. The judgment of the circuit court is therefore affirmed.
Authoring Judge: Judge Jerry Smith
Originating Judge:Joseph H. Walker, III |
Tipton County | Court of Criminal Appeals | 10/12/99 | |
| William Horton v. Dept. of Correction
M1999-02798-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Carol L. Mccoy |
Davidson County | Court of Appeals | 10/12/99 | |
| Marie Hawks v. Michael Greene, Comm. Dept of Safety
M1999-02785-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 10/12/99 | |
| Marie Hawks v. Michael Greene, Comm. Dept of Safety
M1999-02785-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 10/12/99 | |
| Charles Young v. Donal Campbell, Et Al.
M1999-02788-COA-R3-CV
This appeal involves a dispute between a prisoner and the Tennessee Department of Correction regarding the calculation of his sentence expiration date. After the Department declined to give him credit for the time he had been on probation for a prior arson sentence, the prisoner filed suit against the Commissioner of Correction in the Chancery Court for Davidson County seeking 1,568 days of additional sentence credits. The trial court granted the Commissioner's motion for summary judgment after concluding that the Department's calculation of the prisoner's sentence was consistent with the sentencing court's orders and that it lacked jurisdiction to review the actions of the sentencing court. The prisoner has appealed. We have determined that the trial court properly dismissed the prisoner's petition for certiorari.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Carol L. Mccoy |
Davidson County | Court of Appeals | 10/12/99 | |
| William Horton v. Dept. of Correction
M1999-02798-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Carol L. Mccoy |
Davidson County | Court of Appeals | 10/12/99 | |
| Susan Hoefler vs. Paul Hoefler
M1998-00966-COA-R3-CV
This appeal involves a dispute over a provision in a marital dissolution agreement in which the parties agreed to enroll their children in parochial school. The non-custodial parent declined to pay for the parties' younger child's private school expenses after the custodial parent unilaterally withdrew the child from parochial school and enrolled him in another private school. When the non-custodial parent filed a petition in the Circuit Court for Davidson County to terminate his child support because his younger child had reached the age of majority, the custodial parent insisted that he should reimburse her for nearly $23,800 in expenses she had incurred to send the child to private school. The trial court, relying on the terms of the marital dissolution agreement, declined to order the non-custodial parent to reimburse the custodial parent for these expenses. On this appeal, the custodial parent asserts that the non-custodial parent waived his opportunity to object to her choice of schools for the parties' son and should be estopped to deny his responsibility for these educational expenses. She also requests this court to grant a retroactive upward deviation from the child support the non-custodial spouse had been paying. We affirm the trial court.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Muriel Robinson |
Davidson County | Court of Appeals | 10/12/99 | |
| State vs. David E. Hancock
03C01-9808-CR-00278
Originating Judge:James E. Beckner |
Hamblen County | Court of Criminal Appeals | 10/12/99 | |
| 0A01-9901-CH-00030
0A01-9901-CH-00030
Originating Judge:Carol L. Mccoy |
Davidson County | Court of Appeals | 10/12/99 | |
| Waddell Gray v. United Parcel Services, Inc., et al
02S01-9808-CV-00081
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. 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 findings, 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 court in a workers' compensation case. See Corcoran v. Foster Auto GMC, Inc., 746 S.W.2d 452, 456 (Tenn. 1988). The trial court found that the plaintiff sustained compensable injuries in July 1996 and was entitled to vocational disability awards of 2 percent to the body as a whole and 1 percent to each arm. The defendants present the following issue on appeal: "Did the trial court err in awarding the Plaintiff 2% impairment to the body as a whole and a 1% impairment to the right arm and 1% impairment to the left arm?" We modify the case and fix the permanent vocational disability based on the total injuries to the body as a whole in accordance with Tenn. Code Ann. _ 5- 6- 27(3)(C) at 3%. BACKGROUND At the time of trial, the plaintiff was 53 years of age and had been employed by UPS as a feeder driver for the past 29 years. Prior to that, he worked at Owens Illinois, a corrugated box company. He attended college for three years and served in the U.S. Marine Corps for six years. Prior to the injury in this case, he was in good health and had no pain that prevented him from performing any activities. As a feeder driver, the plaintiff was required to drive and deliver packages to various destinations. His job specifically involved coupling and uncoupling trailers. He explained that he would connect or disconnect trailers by using a dolly that weighed between 15-17 pounds. Mr. Carl McVay, the plaintiff's manager, 2
Authoring Judge: John K. Byers, Senior Judge
Originating Judge:Hon. Kay S. Robilio, |
Shelby County | Workers Compensation Panel | 10/12/99 |