Jimmy Sills vs. State of Tennessee and Jack Morgan, Warden
01C01-9810-CC-00434
The Defendant, Jimmy Sills, appeals the trial court’s summary dismissal of his petition for writ of habeas corpus. In his pro se brief to this C ourt, Defendant argues that his convictions for first degree murder and for use of a firearm during commission of a felony violate double jeopardy because the use of a firearm is an essential element of first degree murder. For the same reasons this issue was previously determined to be without merit, we affirm the judgment of the trial cou rt.
Authoring Judge: Judge David H. Welles
Originating Judge:Judge Timothy L. Easter |
Hickman County | Court of Criminal Appeals | 05/06/99 | |
George Weatherby Sickler, III v. Cletus Joy Sickler
01A01-9710-CV-00571
This appeal involves the division of property and the award of alimony as between parties who were married for many years. On appeal, the appellant is challenging the trial court's characterization of certain property as marital property, the trial court's division of the marital estate, and the trial court's failure to award both periodic alimony as well as attorney fees and costs to the wife. The decision of the trial court is affirmed with regard to certain matters and reversed with regard to others.
Authoring Judge: Judge William B. Cain
Originating Judge:Judge Henry D. Bell |
Williamson County | Court of Appeals | 05/05/99 | |
John C. Tomlinson v. Tennessee Department of Correction - Concurring
01A01-9804-CH-00204
In this appeal, a state prisoner appeals the trial court’s dismissal of his action in which he contends that he is entitled to the benefit of the 1989 Sentencing Reform Act’s allegedly lesser sentences for armed robbery, aggravated rape and aggravated kidnaping rather than the sentences imposed upon him at the time of his convictions in 1983. He also contends he is entitled, as a matter of law, to certain sentence reduction credits. Finally, he contends that, taken together, the downward adjustments of his sentence on the basis of these two contentions would entitle him to immediate release from custody. We affirm the dismissal of the prisoner's petition because it fails to state a claim upon which relief can be granted.
Authoring Judge: Judge Patricia J. Cottrell
Originating Judge:Chancellor Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 05/05/99 | |
Louis Sullivan (King), v. Allison Grant King, Jr.
01A01-9803-CV-00116
This case involves a mother's post-divorce petition to modify custody. The trial court dismissed the petition and awarded attorney fees to the father's attorney. The mother asserts that circumstances have changed such that it is now in the children's best interests to live with her. We do not find that the mother has made the requisite showing of changed circumstances, and, accordingly, we affirm the decision of the trial court. Originating Judge:Judge Muriel Robinson |
Davidson County | Court of Appeals | 05/05/99 | |
Willie Perry, v. Robert Conley, et al.
02A01-9812-CV-00369
Willie Perry ("Perry" or "Appellant") appeals the judgment of the trial court granting summary judgment to Appellees Robert Conley, et al. ("Appellees").
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Authoring Judge: Judge Alan E. Highers
Originating Judge:Judge Joseph A. Walker |
Court of Appeals | 05/05/99 | ||
Da Vi D A . Roett Ger,
03S01-9801-CV-00011
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 plaintiff alleged that he injured his low back while lifting on February 14, 1996 in a job-related accident. After receiving the testimony by deposition of Dr. David Hague, the trial judge found that the plaintiff's back problems were congenital and not attributable to his employment. The complaint was dismissed and the plaintiff appeals. 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 548, 55 (Tenn. 1995). The restated issue is whether the preponderance of the evidence supports the finding that the work-related accident did not accelerate or otherwise change the pre-existing spondylolisthesis. Dr. Hague testified that an MRI scan revealed a congenital grade one spondylolisthesis with bilateral pars defects which he treated with epidural blocks and a brace. He "presumed" that the disc protrusion with nerve root compression was due to the work injury, but was unable to confirm this presumption clinically. The diagnosis of spondylolisthesis was initially made in 1985 when the plaintiff was treated for injuries sustained in an automobile accident. He opined that the plaintiff had an unoperated grade one spondylolisthesis with medically documented injury andmedically documented pain and muscle spasm that would give him a seven percent impairment to the 2
Authoring Judge: William H. Inman, Senior Judge
Originating Judge:Hon. John B. Hagler, |
Knox County | Workers Compensation Panel | 05/03/99 | |
In the matter of: Bianca Arneshe Askew, Dorothy Lewis v. Julie Donoho
02S01-9901-CV-00006
In this child custody case involving Bianca Arneshe Askew, now age eight years and nine months, we consider the competing claims between the child’s natural mother, Julie Donoho, and Dorothy Lewis, who presently has physical custody of the child. The lower courts found that a prior court order had granted custody to Ms. Lewis and that Ms. Donoho had failed to satisfy her burden of proving that custody should be restored to her. Because we find that Ms. Donoho’s constitutional right as a parent has been abridged, due to the absence of a showing of unfitness or of substantial harm, we reverse the decisions of the lower courts.
Authoring Judge: Justice Frank F. Drowota, III
Originating Judge:Judge Jon Kerry Blackwood |
Fayette County | Supreme Court | 05/03/99 | |
Marybeth Hogan v. George Lawson Yarbro
02A01-9905-CH-00119
This is a post-divorce action. The mother filed a petition to enforce the provisions of the marital dissolution agreement. The agreement provided for payment of attorney’s fees and costs for legal action to enforce the marital dissolution agreement. The trial court denied the mother’s request for attorney’s fees and costs. We reverse and remand.
Authoring Judge: Judge Holly Kirby Lillard
Originating Judge:Chancellor Joe C. Morris |
Madison County | Court of Appeals | 05/01/99 | |
Scott vs. Scott
01A01-9806-CH-00272
Originating Judge:Don R. Ash |
Rutherford County | Court of Appeals | 04/30/99 | |
State vs. Roy A. Jordan
01C01-9801-CR-00015
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Davidson County | Court of Criminal Appeals | 04/30/99 | |
The Realty Shop vs. RR Westminster Holding
01A01-9609-CH-00418
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 04/30/99 | |
01A01-9806-CH-00286
01A01-9806-CH-00286
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 04/30/99 | |
Grover vs. Grover
01A01-9804-CH-00197
Originating Judge:Timothy L. Easter |
Williamson County | Court of Appeals | 04/30/99 | |
Polyak vs. Hulen, et al
01A01-9803-CH-00133
Originating Judge:Jim T. Hamilton |
Lawrence County | Court of Appeals | 04/30/99 | |
State vs. Tina Swindle
01C01-9805-CR-00202
Originating Judge:James Curwood Witt |
Davidson County | Court of Criminal Appeals | 04/30/99 | |
State vs. Michael D. Keen
01C01-9804-CR-00192
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Sumner County | Court of Criminal Appeals | 04/30/99 | |
William Lee Henderson vs. State
01C01-9808-CR-00338
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Davidson County | Court of Criminal Appeals | 04/30/99 | |
State vs. Gary Wayne Hall
03C01-9712-CR-00534
Originating Judge:Phyllis H. Miller |
Sullivan County | Court of Criminal Appeals | 04/30/99 | |
State vs. Earl Dewayne Holloway
03C01-9803-CR-00117
Originating Judge:Stephen M. Bevil |
Hamilton County | Court of Criminal Appeals | 04/30/99 | |
Pete Smith vs. State
03C01-9805-CR-00182
Originating Judge:James E. Beckner |
Hamblen County | Court of Criminal Appeals | 04/30/99 | |
Misty Laverne Roberts vs. State
03C01-9803-CC-00124
Originating Judge:James E. Beckner |
Hawkins County | Court of Criminal Appeals | 04/30/99 | |
State vs. Donald Smith
02C01-9805-CC-00151
Originating Judge:Julian P. Guinn |
Henry County | Court of Criminal Appeals | 04/29/99 | |
State vs. Leroy Jones
02C01-9809-CC-00296
Originating Judge:R. Lee Moore Jr. |
Lake County | Court of Criminal Appeals | 04/29/99 | |
State vs. Donald Smith
02C01-9805-CC-00151
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Henry County | Court of Criminal Appeals | 04/29/99 | |
Brandon vs. Brandon
01A01-9805-CV-00235
Originating Judge:Robert E. Corlew, III |
Rutherford County | Court of Appeals | 04/29/99 |