State vs. Jeffery Holder
01C01-9801-CC-00044
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Lincoln County | Court of Criminal Appeals | 02/10/99 | |
State vs. Jackie Ozier
W1999-01478-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Originating Judge:Roy B. Morgan, Jr. |
Madison County | Court of Criminal Appeals | 02/10/99 | |
State of Tennessee vs. Roy D. Nelson, Jr.
03C01-9710-CR-00454
The defendant, Roy D. Nelson, stands convicted of burglary, aggravated burglary, aggravated arson and possession of marijuana as a result of his efforts to blow up his ex-wife's home. Nelson received his convictions at the conclusion of a jury trial in the Washington County Criminal Court. A Range III offender, Nelson is presently serving an effective 62-year sentence in the Department of Correction for his crimes. In this direct appeal, Nelson claims he was improperly convicted of aggravated arson because he, rather than another person, suffered the serious bodily injury relied upon to elevate the offense from arson to aggravated arson. Having reviewed the appellate record, the arguments of the parties and the applicable law, we affirm the judgment of the trial court.
Authoring Judge: Judge James Curwood Witt
Originating Judge:Judge Lynn W. Brown |
Washington County | Court of Criminal Appeals | 02/09/99 | |
State of Tennessee vs. Roy D. Nelson, Jr.
03C01-9710-CR-00454
The defendant, Roy D. Nelson, stands convicted of burglary, aggravated burglary, aggravated arson and possession of marijuana as a result of his efforts to blow up his ex-wife's home. Nelson received his convictions at the conclusion of a jury trial in the Washington County Criminal Court. A Range III offender, Nelson is presently serving an effective 62-year sentence in the Department of Correction for his crimes.1 In this direct appeal, Nelson claims he was improperly convicted of aggravated arson because he, rather than another person, suffered the serious bodily injury relied upon to elevate the offense from arson to aggravated arson. Having reviewed the appellate record, the arguments of the parties and the applicable law, we affirm the judgment of the trial court.
Authoring Judge: Judge James Curwood Witt, Jr.
Originating Judge:Judge Lynn W. Brown |
Washington County | Court of Criminal Appeals | 02/09/99 | |
State of Tennessee vs. Mark Crites
01C01-9711-CR-00512
Mark Crites appeals from the revocation of his community corrections sentence. He challenges both the propriety of that revocation and his resentencing, arguing that: (1) the trial court abused its discretion in revoking his community corrections sentence; (2) the trial court misapplied certain enhancement factors and that his sentences are, therefore, excessive; and (3) the trial court erred in ordering consecutive sentencing. After careful review of the record and arguments of counsel, we conclude the trial court relied upon improper evidence in revoking the community corrections sentence. We remand for another revocation hearing.
Authoring Judge: Senior Judge L. T. Lafferty
Originating Judge:Judge Jane W. Wheatcraft |
Sumner County | Court of Criminal Appeals | 02/09/99 | |
Daniel B. Taylor v. State of Tennessee, John Doe, State Coordinator of Elections, Ms. Bobbie White, Shelby County Registrar of Voters; and Charles W. Burson, Atty General
01A01-9707-CH-00338
The only question presented in this complaint is whether a law making all felonies infamous crimes can, upon conviction, be applied to crimes committed before the date of the act. The Chancery Court of Davidson County dismissed the plaintiff’s request for a declaratory judgment. We affirm.
Authoring Judge: Presiding Judge Ben H. Cantrell
Originating Judge:Chancellor Carol L. McCoy |
Shelby County | Court of Appeals | 02/09/99 | |
Pamela L. Schenk, v. Raymond F. Lane
01A01-9804-CV-00190
Defendant Raymond D. Lane appeals a jury verdict awarding $297,000.00 to Plaintiff Pamela L. Schenk for injuries sustained as a result of an automobile accident occurring between Lane and Schenk. For the reasons set forth below, we affirm in all respects.
Authoring Judge: Judge David R. Farmer
Originating Judge:Judge Bobby H. Capers |
Wilson County | Court of Appeals | 02/09/99 | |
Gordon Carroll and Ora Hall, v. John W. Belcher and Frankie Belcher
01A01-9802-CH-00106
This appeal involves an easement for ingress and egress. The defendants, John and Frankie Belcher (Belcher), appeal the decision of the trial court granting the plaintiffs, Gordon Carroll (Carroll) and Ora Hall (Hall), the right to widen an easement running over their property.
Authoring Judge: Presiding Judge W. Frank Crawford
Originating Judge:Chancellor C. K. Smith |
Wilson County | Court of Appeals | 02/09/99 | |
William H. Lance, Emma Lee Lance v. Larry H. Street, D/B/A Street Construction
01A01-9802-CV-00072
Authoring Judge: Presiding Judge W. Frank Crawford
Originating Judge:Judge Allen W. Wallace |
Cheatham County | Court of Appeals | 02/08/99 | |
Peggy Wilson v. United Parcel Service, Inc. Ohio, et al
02S01-9807-CV-00064
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 found that the plaintiff, Peggy Wilson, sustained an injury resulting in a 16 percent permanent partial disability to the body as a whole. The court also ruled all medical bills and charges associated with the treatment of Dr. Rizk be paid by the defendants and that the plaintiff was entitled to temporary total benefits from September 25, 1997 to November 24, 1997, which had not been paid by the defendants. The defendants present issues attacking the judgment of the trial court on these three findings. We will first summarize the evidence. The plaintiff testified she was 51 years of age at the time of trial. She attended high school, but did not graduate and did not obtain a GED. Her employment history prior to working for United Parcel Service was manual, unskilled labor. She had worked for United Parcel Service as a package delivery driver for the past 22 years. Her employment requires her to lift packages weighing up to 7 pounds. The plaintiff testified that on July 23, 1997, when she lifted a 62-pound box, her left arm and hand went numb, causing her to lose grip. This jerked her back, causing pain in the back. She testified the pain in her back worsened and she notified her employer. She was told to go to Med Emergency where she saw Dr. Zanone. Dr. Zanone sent her to Dr. Varner, an orthopedic surgeon. She testified Dr. Varner ordered a nerve block which was done by Dr. Kraus. This helped her for a few days, but within one and one-half weeks the pain was as severe as ever. Dr. Varner sent her back to work on September 8, 1997, but the pain in her back was so severe she was not able to do the work. Her employer returned her to Dr. Varner who told her there was nothing else he could do for her. He advised her to go back to work or get another job. Since she was unable to do the work, she contacted the employer's insurance carrier who told her to see Dr. Kellett, a neurosurgeon. Dr. Kellett gave her liquid cortisone 2
Authoring Judge: F. Lloyd Tatum, Special Judge
Originating Judge:Hon. John R. Mccarroll, Jr., Judge |
Wilson County | Workers Compensation Panel | 02/08/99 | |
State of Tennessee, ex rel., Doug Sizemore, Commissioner of Commerce and Insurance for the State of Tennessee, v. United Physicians Insurance Risk Retention Group - Concurring
01A01-9706-CH-00253
I concur with the court’s opinion. Insurance companies have the right to assume that the risk they undertake will not later be enlarged by the courts. See Schultz v. Tennessee Farmers Mut. Ins. Co., 218 Tenn. 465, 474, 404 S.W.2d 480, 484 (1966). Accordingly, the courts are not at liberty to rewrite policies of insurance to provide coverage where no coverage was intended. See Spears v. Commercial Ins. Co., 866 S.W.2d 544, 548(Tenn. Ct. App. 1993). Dr. Johnson did not contract for prior acts coverage when he purchased his UPI insurance policy. Accordingly, UPI never provided coverage for claims such as Blendora Ann Echols.
Authoring Judge: Judge William C. Koch
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Court of Appeals | 02/05/99 | ||
Robert S. Lipman v. First National Bank of Boston, and Alexander H. McNeil, J. Virginia McNeil, R. & J. Knoxville - Concurring
01A01-9803-CH-00139
The trial court granted the motion of defendant First National Bank of Boston (“First National”) for summary judgment, which the plaintiff (“Lipman”] appeals, insisting that there are genuine issues of material fact.
Authoring Judge: Judge William H. Inman
Originating Judge:Chancellor Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 02/05/99 | |
Glenda Wright Benning v. James Russell Benning
01A01-9805-CV-00238
In this divorce case, Glenda Benning (wife) challenges the trial court's award of permanent alimony to James Benning (husband). After the file filed for divorce and the parties separated, the hisband moved into the same apartment with one Jaylene Deen. On appeal, the wife argues that the tril court erred in finding that the statutory presumption fond at T.C .A . § 36 - 5 - 10 1 ( a ) ( 3 ) had been rebutted by the evidence presented by the husband. We affirm the judgment of the trial court.
Authoring Judge: Judge Don T. McMurray
Originating Judge:Judge Marietta Shipley |
Davidson County | Court of Appeals | 02/05/99 | |
State of Tennessee, Commissioner Doug Sizemore, Commerce and Insurance v. United Physicians Insurance, Risk Retention Group State ex rel Doug Sizemore vs. United Physicians Ins.
01A01-9706-CH-00253
This is an appeal from a memorandum and order of the chancellor affirming and adopting the Special Master's report pursuant to Rule 53 of the Tennessee Rules of Civil Procedure. The issue is whether the lower court erred in this action. Our review is de novo upon the record accompanied by a presumption of correctness as to the findings of fact by the chancellor. Tenn.R.App.P.13(d).
Authoring Judge: Special Judge Walter W. Bussart
Originating Judge:Chancellor Carol L. McCoy |
Davidson County | Court of Appeals | 02/05/99 | |
State of Tennessee, Department of Childrens Services v. Tamra Leann Viar and John Fitzgeral Gross, In the Matter of Katlyn Nicole Viar
01A01-9806-JV-00275
We have reviewed the Petition to Rehear filed on behalf of the Attorney General and conclude that the Petition should be denied for the following reasons.
Authoring Judge: Senior Judge William H. Inman
Originating Judge:Judge John B. Melton, III |
Cannon County | Court of Appeals | 02/05/99 | |
James Prince, D/B/A/ Big Jim, Inc., v. Charles Campbell, Individually and D/B/A Limosines by K.C.
01A01-9806-CV-00276
This appeal involves a motion to set aside a judgment. Defendant/cross-plaintiff,Charles Campbell (Campbell), appeals the judgment of the trial court awarding money damages to The day of trial, Prince filed a motion to amend the complaint to reduce the amount requested as damages from $97,000 to $77,000. There is no record as to the trial court’s action plaintiff/cross-defendant, James Prince (Prince). This case arose from a contract entered into between the parties in April 1995 in which Campbell agreed to transfer a limousine from his business to Prince in exchange for the opportunity to run Prince’s “World Famous Stagecoach Lounge.” Prince filed suit against Campbell for breach of contract and fraud in August 1995 alleging that Campbell failed to make lease payments on the property and refused to transfer the limousine agreed upon in the contract. Campbell’s answer denied the material allegations and asserted a counterclaim for conversion, fraud, and breach of contract.
Authoring Judge: Presiding Judge W. Frank Crawford
Originating Judge:Judge Lee Russell |
Marshall County | Court of Appeals | 02/05/99 | |
Gary June Caughron v. State of Tennessee
03C01-9707-CC-00301
The petitioner, Gary June Caughron, appeals as of right from the Sevier County Circuit Court’s denial of post-conviction relief as to the guilt phase of his trial. He was convicted in 1990 for the first degree murder of Ann Robertson Jones and received the death penalty. He was also convicted of first degree burglary and assault with the intent to commit rape for which he received consecutive ten-year sentences. The convictions and sentences were affirmed on direct appeal to the Tennessee Supreme Court. State v. Caughron, 855 S.W.2d 526 (Tenn. 1993), cert. denied, 510 U.S. 979, 114 S. Ct. 475 (1993).
Authoring Judge: Judge Joseph M. Tipton
Originating Judge:Judge John K. Byers |
Sevier County | Court of Criminal Appeals | 02/05/99 | |
Rayford Martin vs. State of Tennessee
03C01-9707-CR-00286
This is an appeal as of right from the trial court’s denial of post-conviction relief from convictions based upon guilty pleas. The Defendant entered guilty pleas, with sentencing left to the discretion of the trial judge, to two counts of aggravated kidnapping, two counts of aggravated rape, and four counts of armed robbery. At the sentencing hearing conducted on April 3, 1989, he received a total effective sentence of 150 years. This Court affirmed his sentences on direct appeal.1 The Defendant filed a petition for post-conviction relief in December of 1991; and following appointment of counsel, he filed a supplemental petition in June of 1997. The trial court conducted a hearing and denied the petition in July of 1997. The Defendant now appeals the trial court’s ruling. We affirm, but we grant D efendant relie f in the form of a delayed appeal.
Authoring Judge: Judge David H. Welles
Originating Judge:Judge Richard Baumgartner |
Knox County | Court of Criminal Appeals | 02/04/99 | |
Melissa (Buckley) Hatchell, v. Jerry Buckley
02A01-9801-CV-0008
These parties were divorced in Arkansas on April 17, 1996. A Property Settlement Agreement was incorporated in the judgment which awarded custody of two children to Mother.
Authoring Judge: Senior Judge William H. Inman
Originating Judge:Judge D. J. Alissandratos |
Shelby County | Court of Appeals | 02/04/99 | |
Larry Aubrey Henson v. Elizabeth Ellen Sorrell
02A01-9805-JV-00135
The child of these parties, who were never married to each other, was born March 11, 1996. The paternity issue was determined in June, 1996 by the Juvenile Court, which also directed the payment of child support. The appellant questioned his liability for support because the child was conceived without his consent. He did not prevail.
Authoring Judge: Senior Judge William H. Inman
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Shelby County | Court of Appeals | 02/04/99 | |
Chris Hill Construction Company, v. State of Tennessee
02A01-9803-BC-
Authoring Judge: Judge David R. Farmer
Originating Judge:Judge William H. Inman |
Court of Appeals | 02/04/99 | ||
Linda Chaney v. Robert Dickinson
03A01-9803-JV-00107
Robert Lee Dickinson, Jr., appeals the ruling of the Juvenile Court of Hamilton County, Tennessee at Chattanooga, insisting that the Juvenile Court erred in its determination of Mr. Dickinson’s Tennessee Rules of Civil Procedure 60.02 motion for relief from child support payments based upon evidence that he is not the father of the child he has been supporting. The Juvenile Court ruled that Mr. Dickinson’s motion was barred by res judicata; therefore, Mr. Dickinson is still obligated to pay current and past due child support payments.
Authoring Judge: Presiding Judge Houston M. Goddard
Originating Judge:Judge Suzanne Bailey |
Hamilton County | Court of Appeals | 02/03/99 | |
Antonio Sweatt v. Billy Compton, et al.
02A01-9710-CV-00252
This is a medical malpractice case brought by an inmate at a state correctional facility. The
Authoring Judge: Judge Holly Kirby Lillard
Originating Judge:Judge R. Lee Moore Jr. |
Lake County | Court of Appeals | 02/02/99 | |
Todd Frederick Brooks v. Linda Faye Carter
02A01-9709-CV-00225
Defendant Todd Frederick Brooks (Father) appeals, and Plaintiff Linda Faye Carter (Mother) cross-appeals, the final divorce decree entered by the trial court which awarded the parties joint custody of their three minor children, designated the Father as the primary custodial parent, ordered the Father to pay child support to the Mother, and distributed the parties’ property. We affirm the trial court’s distribution of the marital property, with one modification, but we reverse the court’s custody decision and we remand for the court to recalculate the Father’s child support obligation pursuant to the Child Support Guidelines.
Authoring Judge: Judge David R. Farmer
Originating Judge:Judge Karen R. Williams |
Shelby County | Court of Appeals | 02/02/99 | |
State of Tennessee vs. Timmy Beavers
01C01-9709-CC-00394
Following the denial of his mo tion to suppress evidence, the Defendant, Timmy Beavers, entered a best-interest plea to second degree murder, reserving the right to appeal the trial court’s denial of his motion to suppress certain evidence. An agreed upon sentence of thirty (30) years was entered by the trial court.
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Judge Charles Lee |
Lincoln County | Court of Criminal Appeals | 02/02/99 |