APPELLATE COURT OPINIONS

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03S01-9401-CR-00095

03S01-9401-CR-00095
Supreme Court 09/11/95
03S01-9407-CH-00067

03S01-9407-CH-00067

Originating Judge:Earl H. Henley
Supreme Court 09/11/95
03S01-9401-CR-00095

03S01-9401-CR-00095

Originating Judge:Mary Beth Leibowitz
Supreme Court 09/11/95
03C01-9406-CR-00231

03C01-9406-CR-00231
Washington County Court of Criminal Appeals 09/11/95
03S01-9502-CR-00011

03S01-9502-CR-00011
Supreme Court 09/11/95
Stephen Patterson vs. Susan Patterson

W1999-01544-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Walter L. Evans
Shelby County Court of Appeals 09/11/95
State of Tennessee v. Jerrell C. Livingston, State of Tennessee v. Steve Bundy, State of Tennessee v. John R. Tilley, & State of Tennessee v. David Johnson

01S01-9305-CR-00077

We accepted the application for review filed pursuant to Rule 11, Tenn. R. App.P. In these four cases in order to determine whether the fresh-complaint doctrine recently modified in State v. Kendricks 1 applies in cases wherein a child is the victim of abuse. For the reasons below appearing, we hold that the fresh-complaint doctrine does not apply in such cases.

 

Authoring Judge: Special Justice Charles H. O'Brien
Originating Judge:Judge J. Randall Wyatt
Davidson County Supreme Court 09/06/95
Casa Juvenile Services Association, Inc. and Tennessee Department of Human Services v. Loretta NMN Phillips Arrietta and Florencia Arrietta Salgado, in re Dustin Matthew Arrietta

03A01-9503-JV-00099

Loretta Phillips Arrietta, mother of Dustin Matthew Arrietta, appeals a judgment of the Juvenile Court for Hamblen County which terminated her parental rights.

Authoring Judge: Presiding Judge Houston P. Goddard
Originating Judge:Judge Mindy Norton Seals
Hamblen County Court of Appeals 09/06/95
Misty Atchley v. Lifecare Center of Cleveland

03S01-9312-CH-00077

We granted review of the Special Workers' Compensation Appeals Panel decision pursuant to Tenn. Code Ann. § 50-6-225(e)(5)(A), in order to determine, inter alia, whether the provisions contained in Tenn. Code Ann. § 50- 6-241(a)(1) [the multiplier statute], limiting an employee's permanent partial disability award to two and one-half (2½) times the medical impairment rating in cases in which the pre-injury employer returns the employee to employment at awage equal to or greater than the wage the employee was receiving at the time of the injury, apply to injuries involving scheduled members

Authoring Judge: Justice Frank W. Drowota, III
Originating Judge:Chancellor Earl H. Henley
Bradley County Supreme Court 09/05/95
State of Tennessee v. Anthony Darrell Dugard Hines

01S01-9303-CC-00052

This defendant was convicted of murder in the perpetration of armed robbery and sentenced to death. On direct appeal this Court affirmed defendant's conviction and remanded the case for resentencing because of erroneous jury instructions.1

Authoring Judge: Special Justice Charles H. O'Brien
Originating Judge:Judge Robert E. Burch
Cheatham County Supreme Court 09/05/95
State of Tennessee v. Anthony Darrell Dugard Hines

01S01-9303-CC-00052

This defendant was convicted of murder in the perpetration of armed robbery and sentenced to death. On direct appeal this Court affirmed defendant's conviction and remanded the case for resentencing because of erroneous jury instructions.

Authoring Judge: Special Justice Charles H. O'Brien
Originating Judge:Judge Robert E. Burch
Cheatham County Supreme Court 09/05/95
State of Tennessee, v. Paul Galbreath

01C01-9406-CC-00204

The defendant, Paul Galbreath, indicted for second degree murder, was convicted of voluntary manslaughter. The trial court imposed a Range I sentence of six years.

Authoring Judge: Judge Gary R. Wade
Originating Judge:Judge Leonard Martin
Dickson County Court of Criminal Appeals 09/01/95
Janis Oliver-Gill v. Jerry T. Krohn

M2001-02327-COA-R3-CV
This appeal involves a suit brought by the buyer of certain real property against the builder and seller of that home seeking damages for, inter alia, negligent construction. From a jury verdict rendered in favor of the defendant, the plaintiff appeals. We affirm.
Authoring Judge: Judge William B. Cain
Originating Judge:Robert E. Lee Davies
Williamson County Court of Appeals 08/26/95
01S01-9409-CV-00111

01S01-9409-CV-00111

Originating Judge:Thomas Goodall
Supreme Court 08/21/95
Debord vs. Bledsoe

03A01-9801-CH-00009
Bledsoe County Court of Appeals 08/15/95
Patrick McCollum v. Dan Huffstutter

M2002-00051-COA-R3-CV
This is an appeal from a Judgment on a jury verdict for Plaintiff. Plaintiff sued Defendant on grounds of trespass, abuse of process, and outrageous conduct arising from Defendant's attempt to serve a writ of possession at Plaintiff's place of business. A jury found for Plaintiff on all grounds. Defendant appeals, alleging seven grounds for reversal: (1) The Trial Court erred in not dismissing the complaint on the grounds of an executed Settlement Agreement and Full Release of All Claims; (2) The Trial Court erred in failing to grant a new trial on the grounds of newly discovered evidence; (3) The Trial Court erred in not granting Defendant's Motion for Summary Judgment, and in failing to grant the Defendant's Motion for Directed Verdict; (4) The jury verdict should be set aside and the complaint dismissed on the grounds of an oral agreement not to file civil proceedings; (5) The Trial Court erred in failing to give the special instructions requested by the Defendant; (6) The Trial Court erred in not granting a new trial on the grounds of improper conduct by counsel for the Plaintiff; (7) The verdict and remittitur were excessive and given under the influence of passion and prejudice. We affirm.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Hamilton V. Gayden, Jr.
Davidson County Court of Appeals 07/26/95
03A01-9703-CV-00071

03A01-9703-CV-00071
Court of Appeals 07/21/95
01A01-9502-CV-00031

01A01-9502-CV-00031

Originating Judge:Thomas W. Brothers
Davidson County Court of Appeals 07/21/95
Evidence At 104 (4Th Ed. 1992); See Also State v. Randall Gibbs, Dickson Co., No.

01C01-9507-CR-00220

Originating Judge:Ann Lacy Johns
Davidson County Court of Criminal Appeals 07/14/95
Janet Posner vs. Alan Posner

02A01-9710-CV-00249

Originating Judge:James F. Russell
Shelby County Court of Appeals 07/13/95
Laura Coffey, et al vs. Cherokee Aviation, Inc.

E1999-01037-COA-R3-CV
This is an appeal from a jury verdict finding Cherokee Aviation, Inc. not liable for the deaths of Steven Coffey and Peggy Cowan in a plane crash. Laura Coffey and Peter Cowan, the surviving spouses of the deceased, moved for a new trial on the basis of certain testimony which was admitted or denied admission by the Circuit Court during trial. The Circuit Court denied the motion for a new trial and this appeal ensued. We affirm.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Harold Wimberly
Knox County Court of Appeals 07/13/95
Varner vs. Perryman

03A01-9706-CV-00238
Court of Appeals 07/12/95
State vs. Anthony Jerome Stokes

E1999-00953-CCA-R3-CD
The defendant entered guilty pleas in 1995 to one count of murder in the first degree and one count of murder in the second degree, the sentences to be served consecutively. In 1997, he testified as a prosecution witness at the trial of a co-defendant in the homicide cases. In 1999, he filed a petition to enforce an alleged agreement with the State that he would be resentenced to concurrent sentences in exchange for this testimony. The trial court denied the petition and he timely appealed. Based upon our review, we affirm the judgment of the trial court.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Douglas A. Meyer
Hamilton County Court of Criminal Appeals 06/15/95
State vs. Charles Porter

02C01-9806-CC-00178
Hardin County Court of Criminal Appeals 06/12/95
Joe Shepherd vs. State

E2004-00290-CCA-R3-HC
The pro se petitioner, Joe Shepherd, appeals the dismissal of his petition for writ of habeas corpus. The state has filed a motion requesting that this court affirm the action of the trial court pursuant to Rule 20, Tenn. Ct. Crim. App. R. The petition fails to present a cognizable claim for habeas corpus relief. Accordingly, the state's motion is granted and the judgment of the trial court is affirmed.
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:Robert E. Cupp
Johnson County Court of Criminal Appeals 05/30/95