Opinion FlashDecember 10, 2003
Volume 9 Number 225
Following this index are summaries of each case, including its name, first paragraph, author's name, and the names of attorneys for the parties of each opinion.This Issue (IN THIS ORDER):
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Howard H. Vogel
CLAUDE E. HELTON, JR. v. TOWN OF ROGERSVILLE Court:TSC - Workers Comp Panel Attorneys: K. Erickson Herrin, of Johnson City, Tennessee, for Appellant, Town of Rogersville. James M. Davis, of Morristown, Tennessee, for Appellee, Claude E. Helton, Jr. 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 trial court awarded the employee 40 percent permanent partial disability to the left leg. The employer has appealed contending the evidence preponderates against the court's finding the City had actual notice of the injury and that the award is excessive. The judgment is affirmed. http://www.tba.org/tba_files/TSC_WCP/heltonc.wpd
JUDY CAROLYN LAWSON, NEXT OF KIN AND ADMINISTRATRIX OF THE ESTATE OF MILDRED T. LAWSON, DECEASED v. CYNTHIA GALE RINES, ET AL. Court:TCA Attorneys: Christopher D. Heagerty, Knoxville, Tennessee, for the Appellant, Service Radio Cab Co., Inc. Herbert S. Moncier, Knoxville, Tennessee, for the Appellee, Judy Carolyn Lawson. Judge: SWINEY First Paragraph: This is a wrongful death action. The Trial Court excluded proof of the deceased's Social Security benefits at trial. Judy Carolyn Lawson ("Plaintiff") made an offer of proof showing only the amount of monthly Social Security benefits received. The jury returned a verdict in Plaintiff's favor, and the Trial Court granted Plaintiff's motion for prejudgment interest. Service Radio Cab Co., Inc. ("Defendant") appeals the award of prejudgment interest. Plaintiff appeals regarding the exclusion of proof of Social Security benefits. We affirm, in part, and reverse, in part. http://www.tba.org/tba_files/TCA/lawsonjc.wpd
STATE OF TENNESSEE v. KENNETH E. COFFEY Court:TCCA Attorneys: Steve McEwen, Mountain City, Tennessee, for the appellant, Kenneth E. Coffey. Paul G. Summers, Attorney General and Reporter; Michael Moore, Solicitor General; Renee W. Turner, Assistant Attorney General; H. Greeley Wells, Jr., District Attorney General; and William Harper, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WEDEMEYER First Paragraph: The Johnson County Grand Jury indicted the Defendant, Kenneth E. Coffey, for possession with intent to sell and deliver 241.1 grams of marijuana, in violation of Tennessee Code Annotated section 39-17-417 (Supp. 2000). Following the trial court's denial of the Defendant's motion to suppress evidence, the Defendant pled guilty to Possession of Marijuana for Purpose of Sale. The trial court sentenced the Defendant to one year in prison and imposed a $2,000.00 fine. The Defendant reserved the right to appeal a certified question of law regarding the trial court's denial of his motion to suppress. Finding no error, we affirm the trial court's judgment. http://www.tba.org/tba_files/TCCA/coffeyk.wpd
STATE OF TENNESSEE v. CLIFFORD LEON FARRA Court:TCCA Attorneys: John D. Parker, Jr., Kingsport, Tennessee (at trial), and Timothy R. Wilkerson, Kingsport, Tennessee (on appeal), for the Appellant, Clifford Leon Farra. Paul G. Summers, Attorney General & Reporter; Angele M. Gregory, Assistant Attorney General; H. Greeley Wells, Jr., District Attorney General; and Joseph Eugene Perrin, Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: WITT First Paragraph: The defendant, Clifford L. Farra, appeals from his Sullivan County Circuit Court convictions of possession of more than 300 grams of cocaine for resale, a Class A felony; sale of more than 300 grams of cocaine, a Class A felony, merged with the possession conviction; conspiracy to sell or deliver 300 grams or more of cocaine, a Class A felony; possession of more than ten pounds of marijuana for resale, a Class D felony; sale of more than ten pounds of marijuana, a Class D felony, merged with the possession conviction; and conspiracy to sell ten pounds or more of marijuana, a Class E felony. See Tenn. Code Ann. SS 39-17-417 (Supp. 2002) (possession and sales of marijuana and cocaine); 39-12-103 (1997) (conspiracy). After being convicted by a jury, the defendant was sentenced by the trial court as a Range I standard offender to 22 years for possession of more than 300 grams of cocaine, 22 years for conspiracy to possess more than 300 grams of cocaine, three years for possession of more than ten pounds of marijuana, and eighteen months for conspiracy to possess more than ten pounds of marijuana. The two 22-year incarcerative sentences run consecutively, and the other sentences run concurrently for an effective sentence of 44 years. In this appeal, the defendant makes the following allegations: I. The evidence was insufficient to support the convictions. II. The trial court erred in failing to properly instruct the jury. III. The trial court erred in entering convictions on both conspiracies. IV. The trial court erred in various evidentiary rulings. V. The trial court erred in proceeding with a juror who testified that the defendant had taken the juror's photo during a trial recess. VI. The state's proof fatally varied from the allegations of the indictment. VII. The trial court erred in sentencing. We reverse and vacate the conviction for conspiracy to sell marijuana but otherwise affirm the lower court's judgment. http://www.tba.org/tba_files/TCCA/farracliffordleon.wpd
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