BRIAN KEITH VOWELL v. CLINTON HOME CENTER
Court:TSC - Workers Comp Panel
Attorneys:
Roger L. Ridenour, Clinton, Tennessee, for the appellee, Brian Keith
Vowell.
Beverly Dean Nelms, Knoxville, Tennessee, for the appellant, Clinton
Home Center
Judge: HARRIS
First Paragraph:
This workers' compensation appeal has been referred to the Special
Workers' Compensation Appeals Panel in accordance with Tennessee Code
Annotated S50-6-225(e)(3) for hearing and reporting to the Supreme
Court of findings of fact and conclusions of law. In this appeal, the
employer asserts that the trial court erred in awarding to the
employee a 30% permanent partial disability to the whole body as a
result of his employment with Clinton Home Center. We conclude that
the evidence presented supports the findings of the trial judge with
regard to the extent of the disability sustained but find that the
employee refused a reasonable offer of return to work and is subject
to the maximumbenefitset forth in Tenn. Code Ann.S50-6-241(a)(1). In
accordance with Tenn. Code Ann. S50-6-225(e)(2), we affirm the
judgment of the trial court but modify the award to the employee to
provide for a 17.5% permanent, partial disability to the whole body.
http://www.tba.org/tba_files/TSC_WCP/2005/vowellb62205.pdf
ELIZABETH DIAZ GRAHAM v. CHRISTOPHER SCOTT GRAHAM
Court:TCA
Attorneys:
James F. Logan, Jr., Cleveland, Tennessee, for the Appellant Elizabeth
Diaz Graham.
Randy Sellers, Cleveland, Tennessee, for the Appellee Christopher
Scott Graham.
Judge: SWINEY
First Paragraph:
Elizabeth Diaz Graham ("Mother") and the parties' two minor children
moved to Georgia in early 2000 following Mother's separation from
Christopher Scott Graham ("Father"). When the parties were divorced,
the Trial Court expressly sanctioned Mother's move to Georgia. In June
of 2004, Mother abruptly moved to Jacksonville, Florida, without first
notifying Father. Father filed a petition objecting to Mother's
relocation. Following a hearing, the Trial Court concluded that Tenn.
Code Ann. S 36-6-108 applied, that Mother had no reasonable purpose
for relocating to Florida, and that it would be in the best interest
of the children for Father to be designated as the primary residential
parent. We conclude that the preponderance of the evidence weighs
against the Trial Court's conclusion that it would be in the best
interest of the children for Father to be designated as the primary
residential parent.
http://www.tba.org/tba_files/TCA/2005/grahame62205.pdf
STATE OF TENNESSEE v. DANIEL BLAKE
Court:TCCA
Attorneys:
Robert WilsonJones, District Public Defender; and Trent Halland W.Mark
Ward, Assistant District Public Defenders, for the Appellant, Daniel
Blake.
Paul G. Summers, Attorney General & Reporter; Michael Markham,
Assistant Attorney General; William L. Gibbons, District Attorney
General; and Alanda Dwyer and Michelle Parks, Assistant District
Attorneys General, for the Appellee, State of Tennessee
Judge: WITT
First Paragraph:
The defendant, Daniel Blake, stands convicted of aggravated vehicular
homicide, attempt to leave the scene of an accident, and driving on a
revoked or suspended license, and he is serving an effective sentence
of 25 years. He has appealed his aggravated vehicular homicide
conviction and claims that the state failed to prove beyond a
reasonable doubt that his blood-alcohol content was above .20 percent
and that he had previously been convicted of DUI. After thoroughly
reviewing the record and applicable authorities, we find sufficient
evidence to support the conviction and affirm the judgment.
http://www.tba.org/tba_files/TCCA/2005/blaked62205.pdf
CLARENCE CARNELL GASTON v. STATE OF TENNESSEE
Court:TCCA
Attorneys:
Danny H. Goodman, Jr., Tiptonville, Tennessee, for the Appellant,
Clarence Carnell Gaston.
Paul G. Summers, Attorney General &Reporter; J. Ross Dyer, Assistant
Attorney General; Thomas A. Thomas, District Attorney General; and
James T. Cannon, Assistant District Attorney General, for the
Appellee, State of Tennessee.
Judge: WITT
First Paragraph:
The petitioner, Clarence Carnell Gaston, appeals the Obion County
Circuit Court's dismissal of his petition for post-conviction relief,
in which he challenged his 2001 convictions of first degree felony
murder, second degree murder, and conspiracy to commit second degree
murder. See State v. Clarence Carnell Gaston, No.
W2001-02046-CCA-R3-CD (Tenn. Crim. App., Jackson, Feb. 7, 2003)
(affirming the petitioner's convictions and sentences), perm. app.
denied (Tenn. 2003). After appointing counsel, the post-conviction
court conducted a hearing on May 24, 2004. Following the hearing, the
court denied post-conviction relief. We affirm the post-conviction
court's judgment.
http://www.tba.org/tba_files/TCCA/2005/gastonc62205.pdf
STATE OF TENNESSEE v. AARON T. JAMES
Court:TCCA
Attorneys:
Gary Tamkin, Assistant District Public Defender, and Wendy S. Tucker,
Nashville, Tennessee (at trial), and Jeffrey A. DeVasher, Assistant
District Public Defender (on appeal), for the appellant, Aaron T.
James.
Paul G. Summers, Attorney General & Reporter; Preston Shipp, Assistant
Attorney General; and Bret Gunn, Assistant District Attorney General,
for the appellee, State of Tennessee
Judge: WADE
First Paragraph:
The defendant, Aaron T. James, was convicted of especially aggravated
kidnapping and the trial court imposed a sentence of sixty years. In
this appeal, he asserts (1) that the evidence is insufficient; (2)
that the trial court erred by limiting the questioning of a witness;
(3) that the trial court erred by refusing to provide a jury
instruction on the defense of necessity; (4) that the trial court
committed plain error by permitting the state to make improper
commentary on the law during closing argument; and (5) that the trial
court erred by ordering that the defendant serve the sentence he
received in this case consecutively to the sentence for a previous
conviction. The judgment of the trial court is affirmed.
http://www.tba.org/tba_files/TCCA/2005/jamesa62205.pdf
STATE OF TENNESSEE v. QAWI NUR, (a/k/a DARRIUS JAMES)
Court:TCCA
Attorneys:
Robert Wilson Jones, District Public Defender; W. Mark Ward, Assistant
Public Defender, Larry Nance, Assistant Public Defender; and Diane
Thackery, Assistant Public Defender, Memphis, Tennessee, for the
appellant, Qawi Nur, a/k/a Darrius James.
Paul G. Summers, Attorney General and Reporter; Jennifer L. Bledsoe,
Assistant Attorney General; William L. Gibbons, District Attorney
General; Michelle Parks, Assistant District Attorney General; and
James Wax, Assistant District Attorney General, for the appellee, the
State of Tennessee.
Judge: WOODALL
First Paragraph:
Defendant, Qawi Nur, a/k/a/ Darrius James, was indicted on one count
of first degree felony murder and one count of first degree
premeditated murder. The State filed a notice of intent to seek the
death penalty. Following a jury trial, Defendant was convicted of
first degree felony murder in count one and second degree murder in
count two. The trial court merged Defendant's second degree murder
conviction into his first degree felony murder conviction. The jury
sentenced Defendant to life imprisonment without the possibility of
parole for his first degree murder conviction. The sole issue raised
on appeal challenges the sufficiency of the convicting evidence. After
a thorough review of the record, we affirm the judgment of the trial
court.
http://www.tba.org/tba_files/TCCA/2005/nurq62205.pdf
DAYLON ROBERTS v. STATE OF TENNESSEE
Court:TCCA
Attorneys:
Daylon Demetric Roberts, Mountain City, Tennessee, Pro se.
Paul G. Summers, Attorney General and Reporter; Seth P. Kestner,
Assistant Attorney General; Joe C. Crumley, Jr., District Attorney
General, for the Appellee, State of Tennessee
Judge: WADE
First Paragraph:
The petitioner, Daylon Roberts, appeals from the trial court's order
denying his petition for writ of habeas corpus. The state has filed a
motion requesting that this court affirm the trial court's denial of
relief pursuant to Rule 20 of the Rules of the Court of Criminal
Appeals. The petitioner has failed to establish a cognizable claim for
habeas corpus relief. Accordingly, the state's motion is granted and
the judgment of the trial court is affirmed
http://www.tba.org/tba_files/TCCA/2005/robertsd62205.pdf
Alternative Coverage for Individuals Disenrolled from TennCare
Date: June 20, 2005
Opinion Number: 05-097
http://www.tba.org/tba_files/AG/2005/op97.pdf
Consulting under the Ethics Act of 2005
Date: June 20, 2005
Opinion Number: 05-098
http://www.tba.org/tba_files/AG/2005/op98.pdf
E-mail of Legislator
Date: June 20, 2005
Opinion Number: 05-099
http://www.tba.org/tba_files/AG/2005/op99.pdf
Using Campaign Funds to Pay Civil Penalties Assessed by Registry of
Election Finance
Date: June 20, 2005
Opinion Number: 05-100
http://www.tba.org/tba_files/AG/2005/op100.pdf
Cellular Telephone Use Under the School Security Act of 1981
Date: June 20, 2005
Opinion Number: 05-101
http://www.tba.org/tba_files/AG/2005/op101.pdf
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