What follows is the case style or name, first paragraph, author's name, and the names of the attorneys for the parties of each opinion released today from Tennessee's three appellate courts.
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- 02-New Opinion(s) from the Tennessee Supreme Court Workers Comp Panel
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- 08-New Opinion(s) from the Tennessee Court of Criminal Appeals
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Lucian T. Pera
ANNE CROSSETT VS. BABCOCK INDUSTRIES, FAULTLESS CASTER DIVISION and THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA JUDGMENT ORDER Court:TSC Judge: PER CURIAM First Paragraph: This case is before the Court upon the entire record, including the order of referral to the Special Workers' Compensation Appeals Panel, and the Panel's Memorandum Opinion setting forth its findings of fact and conclusions of law, which are incorporated herein by reference. Whereupon, it appears to the Court that the Memorandum Opinion of the Panel should be accepted and approved; and ... URL:http://www.tba.org/tba_files/TSC/crossett_jo.WP6 MILLER HIGH VS. GF OFFICE FURNITURE, LTD. Court:TSC Judge: PER CURIAM First Paragraph: This case is before the Court upon the entire record, including the order of referral to the Special Workers' Compensation Appeals Panel, and the Panel's Memorandum Opinion setting forth its findings of fact and conclusions of law, which are incorporated herein by reference. Whereupon, it appears to the Court that the Memorandum Opinion of the Panel should be accepted and approved; and ... URL:http://www.tba.org/tba_files/TSC/highm_jo.WP6 JAMIA B. GARDNER VS. MODINE MANUFACTURING COMPANY, INC. and SENTRY INSURANCE CO. and DINA TOBIN, DIRECTOR OF THE SECOND INJURY FUND Court:TSC - Workers Comp Panel Attorneys: For the Appellants: For the Appellees: Michael J. Mollenhour Roger E. Ridenour P.O. Box 9299 P.O. Box 530 Knoxville, Tenn. 37940 Clinton, Tenn. 37717-0530 Kathleen W. Stratton 425 Fifth Avenue North 2nd Floor, Cordell Hull Bldg. Nashville, Tenn. 37243 Judge:THAYER First Paragraph: This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. S 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The employer, Modine Manufacturing Company, Inc., has appealed from the action of the trial court in awarding the employee, Jamia B. Gardner, 80% permanent partial disability to each arm. The trial court dismissed the case against the Second Injury Fund. URL:http://www.tba.org/tba_files/TSC_WCP/gardnerj_opn.WP6 WILLIAM E. WALDEN VS. NEW LIFE MINISTRIES d/b/a NEW LIFE MATERNITY HOME Court:TSC - Workers Comp Panel Attorneys: For the Appellant: For the Appellee: Ginger F. Wilson Roger E. Jenne P.O. Box 1083 P.O. Box 161 Cleveland, Tenn. 37364-1083 Cleveland, Tenn. 37364 Judge:THAYER First Paragraph: This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. S 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The employer, New Life Bible Church, Inc., has perfected this appeal from a ruling of the trial court in awarding the employee, William E. Walden, a judgment in the sum of $34,187.64 representing a recovery for unpaid medical expenses in the sum of $33,193.69 and for reimbursement of travel expenses in the sum of $993.95. URL:http://www.tba.org/tba_files/TSC_WCP/walderwi_opn.WP6 SUPREME COURT OF TENNESSEE STATE LIST FOR PERMISSION TO APPEAL Court:TSC - Rules URL:http://www.tba.org/tba_files/TSC_Rules/statelst_127.WP6 FREDERIC B. INGRAM VS. WILLIAM F. EARTHMAN CORRECTED OPINION (p. 37) -- Original filed 10/21/98 Court:TCA Attorneys: For the Plaintiff/Appellee: For the Defendant/Appellant: James V. Doramus Maclin P. Davis, Jr. Gregory Mitchell H. Buckley Cole Doramus & Trauger Jonathan Cole Nashville, Tennessee Baker Donelson Bearman & Caldwell Nashville, Tennessee Judge:KOCH First Paragraph: This appeal involves a dispute between two former friends and business associates over a sizeable personal debt. After one of the friends failed to repay a $1,700,000 loan, the friend who had loaned the money filed suit in the Chancery Court for Davidson County seeking to recover the loan and interest. The borrower asserted that the lender had delayed too long in filing suit and counterclaimed for allegedly unpaid compensation and retirement benefits. A jury awarded the lender $5,667,122.84 on the debt, and the trial court, with the parties' consent, awarded the lender an additional $400,000 for his legal expenses. On this appeal, the borrower raises numerous issues relating to the denial of his motions for directed verdict, the adequacy of the jury instructions, the instructions limiting the use of the evidence of the lender's prior criminal conviction, and the excessiveness of the verdict. We have determined that the judgment should be affirmed. URL:http://www.tba.org/tba_files/TCA/ingramfb_opn.WP6 SHIN YI (SUNNY) LIEN and wife, ANN LIEN VS. RUTH COUCH, individually, and BIG RIDGE EMU RANCH, INC. Court:TCA Attorneys: For Plaintiffs/Appellants: For Defendants/Appellees: Wm. Kennerly Burger Jeff Reed Murfreesboro, Tennessee Murfree, Cope, Hudson & Scarlett Murfreesboro, Tennessee Judge:KOCH First Paragraph: This appeal involves an interstate contract dispute over ten pairs of emu chicks. Two Tennessee residents declined to honor their contract to purchase the chicks after the Arkansas breeders attempted to substitute chicks different from those advertised for sale. The breeders filed a breach of contract suit in Arkansas against the purchasers seeking to recover the unpaid purchase price, and the purchasers filed suit in the Circuit Court for Wilson County seeking to recover their down payment as well as treble damages and attorney's fees under the Tennessee Consumer Protection Act. After the breeders obtained a judgment in Arkansas against the purchasers, they moved to dismiss the purchasers' Tennessee lawsuit on the ground that the Arkansas judgment was res judicata to the purchasers' Tennessee claims. The trial court agreed and dismissed the purchasers' claims. On this appeal, the purchasers assert that the Arkansas judgment should not have precluded them from pursuing their Tennessee Consumer Protection Act claims in Tennessee. We agree because the Arkansas court did not have the power to award the full measure of relief the purchasers are seeking in the Tennessee proceedings. URL:http://www.tba.org/tba_files/TCA/liensy_opn.WP6 ROBERT E. MAYERS VS. MILLER MEDICAL GROUP, MILLER MEDICAL GROUP, An Affiliate of Baptist Healthcare Group; RUSSELL D. WARD, M.D. and MICHEL KUZUR, M.D., Court:TCA Attorneys: ROBERT E. MAYERS, Pro Se 1525 Naples Avenue Nashville, Tennessee 37207 ROBERT E. PARKER RICHARD F. RUSSELL 200 Fourth Avenue North, 5th Floor Nashville, Tennessee 37219 ATTORNEYS FOR DEFENDANTS/APPELLEES Judge:CAIN First Paragraph: Plaintiff, Robert E. Mayers, acting pro se in this medical malpractice action, appeals the decision of the Circuit Court of Davidson County denying his application for relief under Tennessee Rules of Civil Procedure 60.02 from a final summary judgment rendered in favor of the defendants. URL:http://www.tba.org/tba_files/TCA/mayersr_opn.WP6 JAMES ROWLAND MOORE VS. KAREN OWEN MOORE Court:TCA Attorneys: LINDA F. BURNSED AMY BRYSON SMITH 424 Church Street, Suite 1750 Nashville, Tennessee 37219 Attorneys for Plaintiff/Appellant SANDRA JONES 213 Third Avenue, North Nashville, Tennessee 37201 Attorney for Defendant/Appellee Judge:CANTRELL First Paragraph: After a 1996 divorce by the Circuit Court of Davidson County the husband filed an independent damages action in the chancery court, alleging that the wife fraudulently induced him to enter into the divorce settlement. The wife filed a Rule 60.02 motion in the divorce court seeking a declaration that she was not guilty of fraud. The divorce court ruled that the chancery court was bound by the circuit court's judgment and that the husband must pay $2500 in attorney's fees to the wife for services in the Rule 60.02 motion. We reverse. URL:http://www.tba.org/tba_files/TCA/moorejr_opn.WP6 PERMANENT GENERAL ASSURANCE CORPORATION VS. GILBERT WATERS PEGGY RICHARDSON, RODGERICK WATERS, BEVERLY BATEY Court:TCA Attorneys: JOHN B. ALLYN 301 Plus Park Boulevard, Ste. 10 Nashville, Tennessee 37217 Attorney for Plaintiff/Appellant JOSEPH L. LACKEY, JR. 1230 First American Center Nashville, Tennessee 37238-1230 Attorney for Defendants/Appellees Judge:CANTRELL First Paragraph: This case involves an exclusion in an automobile liability policy for a person operating the automobile without a reasonable belief that that person is entitled to do so. The Circuit Court of Davidson County dismissed the insurance company's action for a declaratory judgment. We reverse, and declare that the exclusion precluded coverage by the company. URL:http://www.tba.org/tba_files/TCA/permgen_opn.WP6 STATE OF TENNESSEE VS. IVAN JIMENEZ Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: JOHN E. HERBISON JOHN KNOX WALKUP 2016 Eighth Avenue South Attorney General and Reporter Nashville, TN 37204 DARYL J. BRAND Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243-0493 MIKE BOTTOMS District Attorney General LEE BAILEY Assistant District Attorney P. O. Box 1619 Columbia, TN 38464 Judge:SMITH First Paragraph: On June 14, 1994, Appellant, Ivan Jimenez, pled guilty in Maury County to the sale of cocaine, a Class C felony. Initially the trial court sentenced Appellant to three years, six months to be served in incarceration and the remainder to be served on probation. The trial court also fined Appellant $2,000. The sentence was to run concurrent to sentences from a different Maury County case, to two Giles County cases, and to two Lawrence County cases. On October 12, 1994, the trial court entered an amended judgment, ordering Appellant to three years in Community Corrections, with the first six months of that sentence to be served in the county jail. The other provisions of the judgment remained the same. On August 13, 1996, the trial court revoked Appellant's probation and ordered that he serve 60 days in the county jail before being released on community corrections. On January 6, 1997, the trial court issued a warrant against Appellant for violation of the conditions of Community Corrections. After a hearing on April 24, 1997, the trial court revoked Appellant's community corrections sentence and ordered that "he go into the custody of the sheriff to serve the sentence previously imposed." URL:http://www.tba.org/tba_files/TCCA/jimeniv_opn.WP6 STATE OF TENNESSEE VS. MICHAEL T. KEEN Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: DAVID A. DOYLE JOHN KNOX WALKUP District Public Defender Attorney General & Reporter 18th Judicial District 117 East Main Street CLINTON J. MORGAN Gallatin, TN 37066 Assistant Attorney General 2nd Floor, Cordell Hull Building 425 Fifth Avenue North Nashville, TN 37243 LAWRENCE RAY WHITLEY District Attorney General SALLIE WADE BROWN Assistant District Attorney General 18th Judicial District 113 West Main Street Gallatin, TN 37066 Judge:WOODALL First Paragraph: Michael T. Keen, the Defendant, appeals as of right following his sentencing hearing in the Sumner County Criminal Court. Defendant was indicted for vehicular homicide and DUI, second offense. In an agreement with the State, Defendant pled guilty to vehicular homicide, a Class B felony, and agreed to an eight (8) year sentence, with the trial court to determine the manner of service of the sentence. Following his sentencing hearing, the trial court ordered Defendant to serve eight (8) years in the Tennessee Department of Correction. In his appeal, Defendant argues that the trial court erred in refusing to grant an alternative sentence. We affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/keenmt_opn.WP6 JOHN McDONALD VS. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: JOHN McDONALD, Pro Se #125039 P.O. Box 5000 Mountain City, TN 37683-5000 FOR THE APPELLEE: JOHN KNOX WALKUP Attorney General and Reporter TODD R. KELLEY Assistant Attorney General Cordell Hull Building, 2nd Floor 425 Fifth Avenue North Nashville, TN 37243-0493 VICTOR S. JOHNSON III District Attorney General KATY NOVAK MILLER Assistant District Attorney General 222 - 2nd Avenue North Washington Square, Suite 500 Nashville, TN 37201-1649 Judge:RILEY First Paragraph: Petitioner appeals the dismissal of his motion to re-open petition for post- conviction relief. He claims that the 1987 indictment for aggravated rape and aggravated sexual battery under which he was convicted failed to vest jurisdiction in the trial court as per State v. Hill, 954 S.W.2d 725 (Tenn. 1997). After a thorough review of the record provided, we find this claim to be without merit and AFFIRM the decision of the trial court. URL:http://www.tba.org/tba_files/TCCA/mcdonald_opn.WP6 STATE OF TENNESSEE VS. SHERYL L. PENDERGRASS Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: DAVID A. DOYLE JOHN KNOX WALKUP District Public Defender Attorney General & Reporter 117 E. Main St. Gallatin, TN 37066 DARYL J. BRAND Clifton, TN 38425 Senior Counsel for the State 425 Fifth Ave. N., 2d Floor Nashville, TN 37243-0493 LAWRENCE RAY WHITLEY District Attorney General DEE GAY Asst. District Attorney General 113 W. Main St. Gallatin, TN 37066 Judge:WITT First Paragraph: The defendant, Sheryl L. Pendergrass, appeals a certified question of law pursuant to Rule 37(b)(2)(I), Tennessee Rules of Criminal Procedure. In the Sumner County Criminal Court, the defendant pleaded guilty to three drug offenses, subject to reservation of the certified question. In her certified question, the defendant contends that law enforcement officers infringed on her rights to be free of unreasonable searches and seizures pursuant to the Fourth Amendment of the United States Constitution and article 1, section 7 of the Tennessee Constitution. We affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/pendergr_opn.WP6 WILLIE ROBERT SEAY VS. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: WILLIE ROBERT SEAY, Pro Se #141848 Unit 6-A-102 Riverbend Maximum Security Prison 7475 Cockrill Bend Industrial Road Nashville, TN 37209-1010 FOR THE APPELLEE: JOHN KNOX WALKUP Attorney General and Reporter CLINTON J. MORGAN Assistant Attorney General Cordell Hull Building, 2nd Floor 425 Fifth Avenue North Nashville, TN 37243-0493 TOM P. THOMPSON, JR. District Attorney General DAVID DURHAM Assistant District Attorney General 111 Cherry Street Lebanon, TN 37087-3609 Judge:RILEY First Paragraph: The petitioner, Willie Robert Seay, appeals the trial court's summary dismissal of his petition for post-conviction relief. The petitioner claims the trial court erred in dismissing his petition for post-conviction relief and presents the following issues for review: (1) whether the evidence presented at trial was sufficient to support his convictions; (2) whether trial counsel was deficient in stipulating that the substance sold by the petitioner was cocaine; (3) whether trial counsel was ineffective in stipulating as to the amount of cocaine sold; and (4) whether trial counsel was ineffective in stipulating "that the drugs alleged to have been sold by the defendant existed." URL:http://www.tba.org/tba_files/TCCA/seaywr_opn.WP6 STATE OF TENNESSEE VS. PAUL J. SEYMOUR Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: JULIE A. MARTIN JOHN KNOX WALKUP Attorney at Law Attorney General & Reporter P.O. Box 426 Knoxville, TN 37901-0426 GEORGIA BLYTHE FELNER (On Appeal) Assistant Attorney General 2nd Floor, Cordell Hull Building STEPHEN M. WALLACE 425 Fifth Avenue North District Public Defender Nashville, TN 37243 LESLIE S. HALE H. GREELEY WELLS, JR. Assistant Public Defender District Attorney General P.O. Box 839 Blountville, TN 37617-0829 EDWARD EUGENE WILSON (At Trial) Assistant District Attorney General 140 Blountville Bypass P.O. Box 526 Blountville, TN 37617-0526 Judge:WOODALL First Paragraph: The Defendant, Paul Junior Seymour, appeals as of right from the revocation of his probation by the Sullivan County Criminal Court. He contends that the trial court erred in revoking his probation. We affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/seymorpj_opn.WP6 STATE OF TENNESSEE VS. CAROLYN STRICKLAND Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: COMER L. DONNELL JOHN KNOX WALKUP District Public Defender Attorney General & Reporter HOWARD L. CHAMBERS TIMOTHY F. BEHAN Assistant Public Defender Assistant Attorney General 213 North Cumberland Street 2nd Floor, Cordell Hull Building P.O. Box 888 425 Fifth Avenue North Lebanon, TN 37087 Nashville, TN 37243 TOM P. THOMPSON, JR. District Attorney General JOHN D. WOOTTEN, JR. Assistant District Attorney General P.O. Box 178 Hartsville, TN 37074 Judge:WOODALL First Paragraph: The Petitioner, Carolyn Strickland, appeals the order of the Jackson County Criminal Court dismissing her petition for post-conviction relief. In her sole issue on appeal, Petitioner argues she was incompetent to stand trial due to the medication she was taking during the trial and was, therefore, denied her right to due process and a fair trial. URL:http://www.tba.org/tba_files/TCCA/strckldc_opn.WP6 JOE L. UTLEY VS. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: William A. Lane John Knox Walkup 3236 Dilton Mankin Road Attorney General & Reporter Murfreesboro, TN 37127 425 Fifth Avenue, North Nashville, TN 37243-0493 Timothy Behan Assistant Attorney General 425 Fifth Avenue, North Nashville, TN 37243-0493 Victor S. (Torry) Johnson, III District Attorney General 222 Second Avenue, North Suite 500 Nashville, TN 37201-1649 Thomas B. Thurman Deputy District Attorney General 222 Second Avenue, North Suite 500 Nashville, TN 37201-1649 Judge:LAFFERTY First Paragraph: The appellant, Joe L. Utley, appeals as of right from a judgment of the Davidson County Criminal Court denying his petition for post-conviction relief. The petitioner alleges that trial and appellate counsel rendered ineffective assistance in several areas. After a through review of the record, we REMAND to the trial court with instructions to enter a findings of fact and conclusions of law. URL:http://www.tba.org/tba_files/TCCA/utleyjl_opn.WP6
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