Opinion FlashFebruary 15, 2002Volume 8 — Number 030 What follows is the case style or name, first paragraph, author's name, and the names of attorneys for the parties of each opinion released eletronically today to TBALink.
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Howard H. Vogel CLINT LOWE v. WAL-MART STORES, INC. Court:TSC - Workers Comp Panel Attorneys: M. Scott Ogan, Nashville, Tennessee, for the appellant, Wal-Mart Stores, Inc. Joseph L. Mercer, III, Nashville, Tennessee, for the appellee Clint Lowe. Judge: INMAN 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. After being informed by his employer that he could see no more physicians, the plaintiff nevertheless sought additional treatment for a neck injury which resulted in a surgical correction. The trial judgment ordered these unauthorized expenses to be paid by the employer. We affirm. http://www.tba.org/tba_files/TSC_WCP/loweclint.wpd BETTY LOUISE MOSS v. FINDLAY INDUSTRIES, INC. Court:TSC - Workers Comp Panel Attorneys: Patrick A. Ruth, Nashville, Tennessee, for the appellant, Findlay Industries, Inc. William Joseph Butler, Lafayette, Tennessee, for the appellee, Betty Louise Moss. Judge: INMAN 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 trial court awarded benefits for vocational impairment of 55 percent to each of the plaintiff's arms. The defendant insists that the award is excessive, because the anatomical rating was only 10 percent, as a result of carpal tunnel release. The judgment is affirmed. http://www.tba.org/tba_files/TSC_WCP/mossbettylouise.wpd WASHSHUKRU AL-JABBAR A'LA v. STATE OF TENNESSEE Court:TCA Attorneys: Washshukru Al-Jabbar A'La, Pro Se. Paul G. Summers, Attorney General and Reporter, Michael E. Moore, Solicitor General and Dawn Jordan, Assistant Attorney General, for the Appellee, State of Tennessee. Judge: FARMER First Paragraph: This is an appeal from an order of the Claims Commission granting summary judgment in favor of the Defendant. The claim was brought by an inmate in the custody of the Tennessee Department of Correction claiming that employees of the Department lost two pages of pleadings he filed in an action in circuit court. http://www.tba.org/tba_files/TCA/aljabbar.wpd T. R. MILLS CONTRACTORS, INC. v. WRH ENTERPRISES, LLC, et al. Court:TCA Attorneys: Ted M. Hayden, Memphis, Tennessee, for the appellant, T. R. Mills Contractors, Inc. William M. Jeter, Memphis, Tennessee, for the appellees, WRH Enterprises, LLC and North South, LLC Judge: FARMER First Paragraph: This appeal raises an issue of first impression in Tennessee, requiring us to address whether an arbitration clause in a written but unsigned contract is enforceable under Tennessee's version of the Uniform Arbitration Act. We join the majority of jurisdictions which have adopted the Act in holding that an arbitration clause contained in a written contract may be enforced absent a signature where the contract is otherwise found to be binding on the parties. http://www.tba.org/tba_files/TCA/trmills.wpd STATE OF TENNESSEE v. ANTONIO DEWAYNE CARPENTER Court:TCCA Attorneys: Marty McAfee, Memphis, Tennessee (at trial and on appeal), and James A. Simmons, Nashville, Tennessee (at trial), for the appellant, Antonio Dewayne Carpenter. Paul G. Summers, Attorney General & Reporter; Kim R. Helper, Assistant Attorney General; and Elizabeth T. Rice, District Attorney General, for the appellee, State of Tennessee. Judge: WADE First Paragraph: The defendant, Antonio Dewayne Carpenter, was indicted for premeditated murder, felony murder, especially aggravated kidnapping, and especially aggravated robbery. The state filed notice seeking the death penalty. The defendant was convicted on each count of the indictment and the trial court merged the felony murder conviction with the premeditated murder conviction. At the conclusion of the penalty phase of the trial, the jury imposed a sentence of life without the possibility of parole. The trial court ordered concurrent twenty-year sentences for especially aggravated kidnapping and especially aggravated robbery. All of these sentences were ordered to be served consecutively to three life sentences for federal convictions stemming from the same incident. In this appeal of right, the defendant challenges the sufficiency of the evidence and argues that the dual sovereignty doctrine, which permits successive federal and state prosecutions for the same acts, should be abandoned. The judgments are affirmed. http://www.tba.org/tba_files/TCCA/carpenterad.wpd STATE OF TENNESSEE v. CHARLES DAMIEN DARDEN Court:TCCA Attorneys: Charles Damien Darden, Tiptonville, Tennessee, Pro Se. Paul G. Summers, Attorney General and Reporter; Michael Moore, Solicitor General; Kim R. Helper, Assistant Attorney General; C. Phillip Bivens, District Attorney General; and Marcia Fogle, Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: HAYES First Paragraph: The Appellant, Charles Damien Darden, proceeding pro se, appeals as of right from an order of the Lake County Circuit Court denying his petition for the writ of habeas corpus. After a review of the record, we reverse the judgment of the trial court and remand for the appointment of counsel. http://www.tba.org/tba_files/TCCA/dardenc.wpd STATE OF TENNESSEE v. WILLIE G. LOFTON Court:TCCA Attorneys: David M. Livingston, Brownsville, Tennessee, for the appellant, Willie G. Lofton. Paul G. Summers, Attorney General and Reporter; J. Ross Dyer, Assistant Attorney General; James G. Woodall, District Attorney General; and James W. Thompson, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WOODALL First Paragraph: Defendant, Willie G. Lofton, appeals his conviction for driving under the influence. Defendant claims that the trial court erred by refusing to instruct the jury as to the offense of driving while impaired as a lesser included of driving under the influence. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/loftonwillieg.wpd STATE OF TENNESSEE v. JERRY MCPEAK, IV Court:TCCA Attorneys: Mike Mosier, Jackson, Tennessee, for the Appellant, Jerry McPeak, IV. Paul G. Summers, Attorney General and Reporter; Michael Moore, Solicitor General; Mark E. Davidson, Assistant Attorney General; James G. (Jerry) Woodall, District Attorney General; and Jody Pickens, Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: HAYES First Paragraph: The Appellant, Jerry McPeak, IV, was convicted by a Madison County jury of aggravated robbery. On appeal, McPeak raises the following issues for our review: (1) Whether the evidence was sufficient to establish that the victim suffered serious bodily injury; (2) whether the evidence was sufficient to establish that the assault occurred during the act of robbery; and (3) whether McPeak was convicted solely upon the uncorroborated testimony of an accomplice. After review, we find the issues raised to be without merit and affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/mcpeakjerry.wpd STATE OF TENNESSEE v. DARRELL S. MILLER Court:TCCA Attorneys: Victoria L. DiBonaventura, Paris, Tennessee, and Steven L. West, McKenzie, Tennessee, for the appellant, Darrell S. Miller. Paul G. Summers, Attorney General and Reporter; J. Ross Dyer, Assistant Attorney General; Robert "Gus" Radford, District Attorney General; and Beth Boswell and Jerry Wallace, Assistant District Attorneys General, for the appellee, State of Tennessee. Judge: MCGEE OGLE First Paragraph: The appellant, Darrell S. Miller, was convicted by a jury in the Benton County Circuit Court of two counts of possessing controlled substances with intent to manufacture, sell, or deliver, and one count of possession of drug paraphernalia. The trial court sentenced the appellant to a total effective sentence of eight years incarceration in the Tennessee Department of Correction, suspending all but one year and placing the appellant in a community corrections program for the remainder. On appeal, the appellant raises the following issues for our review: (1) whether the trial court properly admitted drug exhibits; (2) whether the trial court erred in permitting the testimony of Stacy Mumper regarding a prior transaction between the appellant and Mumper's companion; (3) whether the evidence was sufficient to sustain his convictions; (4) whether the trial court approved the verdict as thirteenth juror; and (5) whether the trial court erred in failing to grant a new trial when the appellant produced sworn affidavits that Brenda Wynn perjured herself on the witness stand. Upon review of the record and the parties' briefs, we affirm the judgments of the trial court. http://www.tba.org/tba_files/TCCA/millerd.wpd STATE OF TENNESSEE v. JAMES BRENT MOUBRAY Court:TCCA Attorneys: C. Michael Robbins, Memphis, Tennessee (on appeal); and Colin Johnson, Dresden, Tennessee (at trial and on appeal), for the Appellant, James Brent Moubray. Paul G. Summers, Attorney General and Reporter; Elizabeth B. Marney, Assistant Attorney General; Thomas A. Thomas, District Attorney General; and Allen Strawbridge, Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: WEDEMEYER First Paragraph: The Defendant was convicted by a jury of possessing a firearm where alcoholic beverages are served, a Class A misdemeanor, and the trial court sentenced him to eleven months and twenty-nine days to be served at seventy-five percent. The Defendant now appeals, arguing that the sentence imposed by the trial court was excessive. Finding no error, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/moubrayjb.wpd PLEASE FORWARD THIS E-MAIL! GET A FULL-TEXT COPY OF AN OPINION! JOIN TBALink! SUBSCRIBE TO OPINION FLASH! For the HTML Text Version: UNSUBSCRIBE TO OPINION FLASH? ... SURELY NOT! To STOP receiving TBALink Opinion-Flash: Home • Contact Us • PageFinder • What's New • Help |
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