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Opinion Flash May 6, 2002Volume 8 — Number 78 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 RONALD HAYWOOD v. ORMET ALUMINUM MILL PRODUCTS CORPORATION, et al. Court:TSC - Workers Comp Panel Attorneys: W. Timothy Hayes, Jr. and Christopher H. Crain, Memphis, Tennessee, for the Defendants/Appellants, Ormet Aluminum Mill Products Corporation, et al. Donald E. Parish, Huntingdon, Tennessee, for the Plaintiff/Appellee, Ronald Haywood. Judge: LAFFERTY 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 of findings of fact and conclusions of law. In this appeal, the Employer/Defendant asks: (1) Whether the limitations in Tenn. Code Ann. S 50-6-241(a)(1) apply?; and (2) whether the evidence supports an award of fifty-six percent (56%) to the body as a whole? As discussed below, the Panel concludes the trial court's judgment is affirmed. http://www.tba.org/tba_files/TSC_WCP/haywoodr.wpd LISA SILLS v. HUMBOLDT NURSING HOME, INC. Court:TSC - Workers Comp Panel Attorneys: John D. Burleson and V. Latosha Mason, Jackson, Tennessee, for the appellant, Humboldt Nursing Home. T.J. Emison, Jr., for the appellee, Lisa Sills. Judge: CHILDERS First Paragraph: This workers' compensation appeal has been referred to the Special Workers' Compensation Panel of the Supreme Court in accordance with Tennessee Code Annotated S 50-6-225(e)(1999) for a hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The appellant presents the following issues for review: (1) Whether the evidence preponderates against the trial court's finding that the plaintiff sustained a work related injury that resulted in a permanent disability to the plaintiff, and (2) Whether the evidence preponderates against the trial court's award of benefits to the plaintiff based on a percentage of the body as a whole rather than to a scheduled member. http://www.tba.org/tba_files/TSC_WCP/sillsl.wpd RANDY ARNWINE v. UNION COUNTY BOARD OF EDUCATION, et al. Court:TCA Attorneys: Pamela L. Reeves and Jenny Coques Rogers, Knoxville, Tennessee, and Charles Cagle, Nashville, Tennessee, for the appellants, Union County Board of Education and David F. Coppock. Lynn Tarpy and Thomas M. Leveille, Knoxville, Tennessee, for the appellee, Randy Arnwine. Judge: SUSANO First Paragraph: Randy Arnwine, an employee of the defendant Union County Board of Education ("the Board"), brought this declaratory judgment action against the Board and David F. Coppock, Director of Schools for Union County. Arnwine sought a declaration that his employment contract as "Assistant Superintendent" of the school system was valid and enforceable, and that the Board had violated that contract when it "demoted" him to a different position within the school system and reduced his salary beginning with the 2001-02 school year. The trial court held that the parties' four-year contract was valid and that Arnwine was entitled to receive his contractually-stipulated salary, plus any system-wide annual increases, for the four-year term of the contract. We find that the Board was without authority to enter into multi-year teacher employment contracts. Accordingly, we reverse the judgment of the trial court. http://www.tba.org/tba_files/TCA/arnwiner.wpd BETTY BERRYHILL v. CHARLES THOMAS RHODES Court:TCA Attorneys: Robert L. Green, Memphis, Tennessee, for the appellant, Charles Thomas Rhodes. Mitchell D. Moskovitz and Adam N. Cohen, Memphis, Tennessee, for the appellee, Betty Berryhill. Judge: FARMER First Paragraph: This is a child support case with significant appellate history. Pursuant to the Tennessee Supreme Court's opinion in Berryhill v. Rhodes, 21 S.W.3d 188, 188-89 (Tenn. 2000), this case was before the trial court in order to determine Dr. Rhode's retroactive child support obligations. The court applied the Child Support Guidelines from 1989 until the date the child reached majority, in September 1995. The court deviated from the guidelines in assessing Dr. Rhodes's child support obligation from 1977 to 1989. The court calculated the total arrearage as $180,202.00. In assessing interest on the judgment, the court determined that interest should accrue from August 21, 1996, the date of the trial court's original judgment in this matter. Both parties take issue with the trial court's decision. We reverse in part, affirm in part, and remand for proceedings consistent with this opinion. http://www.tba.org/tba_files/TCA/berryhillbetty.wpd C.D.C., et al. v. C.E.D. Court:TCA Attorneys: Douglas R. Beier, Morristown, Tennessee, for the appellants, C.D.C. and N.M.C. Jonathan R. Perry, Morristown, Tennessee, for the appellee, C.E.D. Judge: SUSANO First Paragraph: This is an adoption case in which the petitioners seek to terminate parental rights. N.M.C. ("Mother"), the biological mother and custodian of the two affected children, joined her husband, C.D.C. ("Stepfather"), in petitioning the trial court to terminate the parental rights of C.E.D. ("Father") - the children's biological father - as an adjunct to Stepfather's request to adopt the children. The trial court refused to terminate Father's parental rights, finding that the petitioners had failed to prove the asserted grounds for termination by clear and convincing evidence. Mother and Stepfather appeal, arguing that the evidence preponderates against the trial court's findings. We disagree. Accordingly, we affirm the trial court's judgment. http://www.tba.org/tba_files/TCA/cdc.wpd JAMES CHARLES MIMS v. PAMELA DANNETTE MIMS Court:TCA Attorneys: Chadwick G. Hunt, Savannah, TN, for Appellant Ed Neal McDaniel, Savannah, Tn, for Appellee Judge: HIGHERS First Paragraph: This appeal arises from a trial court's refusal to modify a custody agreement or increase child support obligations. A divorced father of three children petitioned the court to hold the mother in contempt and change the custody agreement embodied in a marital dissolution agreement from joint custody to primary or sole custody of the children by him. The mother counterpetitioned seeking to have the father held in contempt and to have child support increased. The trial court found that no material change in circumstances warranting a change in custody existed and refused to increase the father's child support obligations for lack of proof. For the following reasons, we affirm http://www.tba.org/tba_files/TCA/mimsjamesc.wpd BOB PATTERSON, TRUSTEE OF SHELBY COUNTY, TENNESSEE v. JIM ROUT, MAYOR OF SHELBY COUNTY, TENNESSEE Court:TCA Attorneys: Alan G. Crone, Memphis, Tennessee, for the appellant, Jim Rout, Mayor of Shelby County, Tennessee. Joedae L. Jenkins and Tyrone J. Paylor, Memphis, Tennessee, for the appellee, Bob Patterson, Trustee of Shelby County, Tennessee. Judge: FARMER First Paragraph: This appeal concerns the application of the Shelby County Civil Service Merit Act to five appointed employment positions in Shelby County. The trial court found that since the five positions were appointed by the County Trustee, they were exempt from the Act. The chancellor accordingly held that the Human Resources Department does not have the authority to override salary decisions of the Trustee with respect to appointed positions, and that petitions for salary increases could be made to the court pursuant to Tenn. Code Ann. S 8-20-101, et. seq. The chancellor approved three of the five requested increases, finding them reasonable and necessary. We hold that the five positions are classified and governed by the Civil Service Merit Act. We accordingly reverse. http://www.tba.org/tba_files/TCA/pattersonbob.wpd ANGELA KAY (GARRARD) PHILLIPS v. WILLIAM STACY PHILLIPS Court:TCA Attorneys: Chadwick G. Hunt, Savannah, TN, for Appellant Stephanie L. Prentis, Savannah,TN, for Appellee Judge: HIGHERS First Paragraph: This appeal arises from a divorce proceeding wherein the parties had two minor children. While the divorce was pending, the trial court issued a temporary order outlining the custodial rights of the parties with respect to their children. The final decree of divorce adopted a permanent parenting plan and distributed the marital property and debts. The husband filed this appeal contesting the permanent parenting plan and the manner in which the marital debts were apportioned. For the following reasons, we affirm the decision of the trial court. http://www.tba.org/tba_files/TCA/phillipsangelakay.wpd HANNAH ROBINSON v. CHARLES C. BREWER, et al. Court:TCA Attorneys: Terry Abernathy, Selmer, For Appellant, Hannah Robinson William M. Jeter, Memphis, For Appellees, Charles C. Brewer and Charles R. Brewer Judge: CRAWFORD First Paragraph: This is an automobile collision personal injury case. Plaintiff-motorist was stopped in a thru- traffic lane over the crest of a hill behind a vehicle attempting to make a left turn off of the highway. The defendant-motorist came over the crest of the hill and struck the plaintiff-motorist in the rear, causing injuries to the plaintiff. Judgment was entered on a jury verdict for the defendant that the defendant was not at fault in the accident. Plaintiff appeals. We affirm. http://www.tba.org/tba_files/TCA/robinsonhannah.wpd DEBORAH SMITH, et al. v. TACO BELL CORPORATION Court:TCA Attorneys: Clint J. Woodfin, Knoxville, Tennessee, for the Appellant Taco Bell Corporation. Ronald E. Cunningham and Kenneth W. Holbert, Knoxville, Tennessee, for the Appellees Deborah and Alan Smith. Judge: SWINEY First Paragraph: The Trial Court awarded Deborah Smith ("Plaintiff") $250,000 for injuries received as a result of her fall at Taco Bell. Plaintiff's husband was awarded $10,000 for his loss of consortium claim. On appeal, Taco Bell Corporation ("Defendant") contends the Trial Court committed reversible error by failing to rule at trial on Defendant's objections made during the depositions of the two primary treating physicians. Defendant also claims the medical proof was insufficient to establish a causal connection between Plaintiff's fall at Taco Bell and her medical condition. We affirm. http://www.tba.org/tba_files/TCA/smithd1.wpd STATE OF TENNESSEE v. JESSIE NELSON HODGES Court:TCCA Attorneys: Jessie Nelson Hodges, Pro Se (on appeal and at trial); and Julie Pillow, Assistant Public Defender (at trial), Ripley, Tennessee, for the Appellant, Jessie Nelson Hodges. Paul G. Summers, Attorney General and Reporter; John H. Bledsoe, Assistant Attorney General; Elizabeth T. Rice, District Attorney General; and Tracey Brewer, Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: WEDEMEYER First Paragraph: A Lauderdale County Grand Jury indicted the Defendant for robbery, and following a trial, a Lauderdale County jury convicted the Defendant of the offense charged. In this direct appeal, the Defendant presents the following issues for our review: (1) whether sufficient evidence was presented at trial to support his conviction; (2) whether evidence introduced at trial was illegally obtained in contravention of the Defendant's Fourth Amendment rights; (3) whether the Defendant was deprived of an "independent analysis of the evidence"; and (4) whether the trial court improperly instructed the jury. Finding no error in the record, we affirm the Defendant's conviction. http://www.tba.org/tba_files/TCCA/hodgesjn1.wpd STATE OF TENNESSEE v. WILLIE EARL KYLES, JR. Court:TCCA Attorneys: Julie K. Pillow, Assistant District Public Defender, for the appellant, Willie Earl Kyles, Jr. Paul G. Summers, Attorney General & Reporter; P. Robin Dixon, Jr., Assistant Attorney General; and Tracey Brewer, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WADE First Paragraph: The defendant, Willie Earl Kyles, Jr., was convicted of possession of .5 grams or more of cocaine with the intent to deliver. See Tenn. Code Ann. S 39-17-417(c)(1). The trial court imposed a 12- year sentence. Because the defendant was classified as a multiple offender, release eligibility was established at 35%. In this appeal of right, the defendant challenges the sufficiency of the evidence. The judgment is affirmed. http://www.tba.org/tba_files/TCCA/kyleswej.wpd STATE OF TENNESSEE v. DAMOND LAVONZELL MACON and KENNETH RAY WOODS Court:TCCA Attorneys: Joe H. Byrd, Jr., Jackson, Tennessee, for the appellant, Damond Lavonzell Macon. C. Mark Donahoe, Jackson, Tennessee, for the appellant, Kenneth Ray Woods. Paul G. Summers, Attorney General & Reporter; Kim R. Helper, Assistant Attorney General; and Shaun A. Brown, District Attorney General, for the appellee, State of Tennessee. Judge: WADE First Paragraph: The defendants, Damond Lavonzell Macon and Kenneth Ray Woods, entered pleas of guilt to possession of marijuana and possession of drug paraphernalia. Pursuant to a plea agreement, the defendant Macon received concurrent sentences of 11 months and 29 days on each count, suspended after six months; the defendant Woods received concurrent sentences of 11 months and 29 days, all of which was to be served on unsupervised probation. The charge against Woods for disobeying a stop sign was dismissed as part of the plea agreement. The defendants reserved for appeal the question of whether the stop was based upon a reasonable suspicion supported by specific and articulable facts. See Tenn. R. Crim. P. 37. The judgments are affirmed. http://www.tba.org/tba_files/TCCA/maconwoods.wpd STATE OF TENNESSEE v. BEN MILLS Court:TCCA Attorneys: Mike Roberts, Memphis, Tennessee (at trial), and Marty B. McAfee, Memphis, Tennessee (on appeal), for the appellant, Ben Mills. Paul G. Summers, Attorney General & Reporter; P. Robin Dixon, Jr., Assistant Attorney General; Dan Woody and Thomas Hoover, Assistant District Attorneys General, for the appellee, the State of Tennessee. Judge: WADE First Paragraph: The defendant, Ben Mills, was convicted of one count of first degree premeditated murder, one count of felony murder, one count of aggravated robbery and two counts of attempted first degree murder. The trial court merged the murder convictions and imposed a sentence of life imprisonment. For the remaining convictions, the trial court imposed sentences as follows: eight years as a standard, Range I offender for aggravated robbery to be served concurrently with the life sentence, and 15 years as a standard, Range I offender for each attempted first degree murder conviction to be served concurrently to each other but consecutively to the sentences for first degree murder and aggravated robbery. The effective sentence, therefore, is life plus 15 years. In this appeal as of right, the defendant contends (1) that the evidence was insufficient to support his convictions; (2) that the trial court erred by failing to instruct the jury regarding all of the lesser included offenses of felony murder; and (3) that the trial court erred by failing to instruct the jury on intoxication. The judgments of the trial court are affirmed. The judgment for first degree murder is modified to reflect that the conviction for felony murder is merged into the conviction for premeditated first degree murder. http://www.tba.org/tba_files/TCCA/millsben.wpd STATE OF TENNESSEE v. JOHNNY SHIELDS Court:TCCA Attorneys: Scott G. Kirk, Jackson, Tennessee, for the Appellant, Johnny Shields. Paul G. Summers, Attorney General and Reporter; Michael Moore, Solicitor General; Braden H. Boucek, Assistant Attorney General; James G. (Jerry) Woodall, District Attorney General; and Shaun A. Brown, Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: HAYES First Paragraph: The Appellant, Johnny Shields, was convicted of two counts of aggravated sexual battery, a class B felony, following a jury trial. The trial court sentenced Shields, as a Range I offender, to concurrent eleven year sentences in the Department of Correction. On appeal, Shields raises the following issues: (1) whether the evidence was sufficient to support the verdicts, and (2) whether his sentences were proper. After a review of the record, we affirm Shields' convictions but modify his sentences due to misapplication of enhancing and mitigating factors. http://www.tba.org/tba_files/TCCA/shieldsjohnny.wpd STATE OF TENNESSEE v. MONTEA WILSON Court:TCCA Attorneys: James V. Ball (on appeal) and Gerald Skahan (at trial), Memphis, Tennessee, for the appellant, Montea Wilson. Paul G. Summers, Attorney General & Reporter; John H. Bledsoe, Assistant Attorney General; and Jerry Kitchen, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WADE First Paragraph: A jury convicted the defendant, Montea Wilson, of felony murder and attempted especially aggravated robbery. The trial court merged the attempted robbery conviction with the felony murder conviction and the jury sentenced the defendant to life without the possibility of parole. In this appeal of right, the defendant contends (1) that the evidence was insufficient; (2) that the trial court erred by failing to exclude certain evidence as unfairly prejudicial; (3) that defense counsel was erroneously prohibited from making a full opening statement; (4) that the trial court erred by denying a defense request for expert witness funds; (5) that prior robbery convictions were erroneously admitted for impeachment purposes; (6) that the trial court erred by limiting the testimony of defense witness Sammie Ballard; and (7) that the trial court erred by permitting certain testimony at a suppression hearing. Because there is no reversible error, the judgment of the trial court is affirmed. http://www.tba.org/tba_files/TCCA/wilsonmontea.wpd Court Security Committee Date: April 24, 2002 Opinion Number: 02-052 http://www.tba.org/tba_files/AG/OP52.pdf Execution of Distress Warrants for Unpaid Business Taxes Date: April 26, 2002 Opinion Number: 02-053 http://www.tba.org/tba_files/AG/OP53.pdf Legality of Redemption Machines Date: April 30, 2002 Opinion Number: 02-054 http://www.tba.org/tba_files/AG/OP54.pdf 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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