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Howard H. Vogel
| SUPREME COURT DISCRETIONARY APPEALS Grants & Denials List
Corrected List. Version on 03/20/2006 did not include date.
DONNA J. OVERMAN v. ALTAMA DELTA CORPORATION
Corrected Dissenting Opinion
The last full sentence of page two of the original opinion reads: "Even the plaintiff here conceded that the Panel's holding in Nay - that absolute waivers of reconsideration rights (as opposed to conditional waivers, the issue in this case) - is valid for settlements of workplace injuries occurring before the statutory prohibition!"
In the corrected opinion, the "that" preceeding "absolute waivers" is changed to "which upheld".
Corrected Dissenting Opinion. Opinion originally filed 3/16/2006.
STATE OF TENNESSEE v. STEVEN JAMES ROLLINS
H. Randolph Fallin, Mountain City, Tennessee; Roger G. Day, Johnson City, Tennessee (at trial and on appeal) for the appellant, Steven James Rollins.
Paul G. Summers, Attorney General and Reporter; Michael E. Moore, Solicitor General;
Michelle Chapman McIntire, Assistant Attorney General; H. Greeley Wells, District Attorney
General; and Barry P. Staubus, Assistant District Attorney General, for the appellee, State of
The defendant, Steven James Rollins, was convicted of premeditated murder, felony murder, and especially aggravated robbery. The trial judge merged the felony murder conviction with the premeditated first degree murder conviction. Upon conclusion of the sentencing
hearing, the jury found that the State had established beyond a reasonable doubt the following
five aggravating circumstances: (1) the defendant was previously convicted of one or more
felonies, other than the present charge, whose statutory elements involve the use of violence to
the person; (2) the murder was especially heinous, atrocious, or cruel in that it involved torture or
serious physical abuse beyond that necessary to produce death; (3) the murder was committed for
the purpose of avoiding, interfering with, or preventing a lawful arrest or prosecution of the
defendant or another; (4) the murder was knowingly committed, solicited, directed, or aided by
the defendant, while the defendant had a substantial role in committing or attempting to commit,
or was fleeing after having a substantial role in committing or attempting to commit, any
robbery; and (5) the victim of the murder was seventy (70) years of age or older. See Tenn.
Code Ann. Sec. 39-13-204(i)(2), (5), (6), (7), (14) (1999). After further finding that these
aggravating circumstances outweighed mitigating circumstances beyond a reasonable doubt, the
jury imposed a sentence of death.
The defendant appealed, challenging both his conviction and sentence of death. The
Court of Criminal Appeals affirmed. The case was automatically docketed in this Court. See
Tenn. Code Ann. Sec. 39-13-206(a)(1). Thereafter, this Court entered an order specifically
requesting that the parties address the following three issues at oral argument: (1) whether the
interrogation of the defendant by the sheriff's officers after his arrest violated the defendant's
state and federal constitutional rights to counsel such that the trial court erred by refusing to
suppress the defendant's statements; (2) whether the trial court erred in refusing to allow the defendant to call his co-defendant, Greg Fleenor, to the witness stand to invoke his privilege
against self-incrimination in the jury's presence; and (3) whether the mandatory review
provisions of Tennessee Code Annotated Section 39-13-206(c)(1) require reversal of the
defendant's death sentence. Upon thoroughly considering these and all issues raised by the
defendant, the record on appeal, and the relevant authority, we affirm the defendant's conviction
of first degree murder and sentence of death.
Case originally filed 3/16/2006. Case corrected to change
IN THE MATTER OF: J.M.F.
James S. Stephens, Manchester, Tennessee, for the appellant, L.G.F.
Paul G. Summers, Attorney General and Reporter; Douglas Earl Dimond, Senior Counsel; Elizabeth T. Ryan and Wilson Harpe, for the appellee, State of Tennessee Department of
Christine Milene Flury Sitz, Guardian ad litem.
Mother appeals the termination of her parental rights to her child, J.M.F. The trial court terminated Mother's parental rights on the grounds of failure to remedy persistent conditions, substantial noncompliance with permanency plans and abandonment by failing to visit and
failing to provide support. The trial court also found the termination of Mother's parental rights was in the child’s best interest. We affirm the trial court's termination of parental rights based upon Mother's failure to remedy persistent conditions and substantial noncompliance with
KERRY C. LYONS v. GREGORY M. LYONS
John N. Bean, Memphis, Tennessee, for the Appellant, Gregory M. Lyons.
Stacy Alane Clinton, Memphis, Tennessee, for the Appellee, Kerry C. Lyons.
The trial court determined a material change of circumstances had occurred which warranted
modification of the parties' child visitation scheduled. Father appeals. We affirm.
JOAN OATES v. CHATTANOOGA PUBLISHING COMPANY d/b/a CHATTANOOGA TIMES FREE PRESS
Richard A. Schulman and R. Jonathan Guthrie, Chattanooga, Tennessee, for the Appellant Joan
L. Michael Zinser and Matthew Salada, Nashville, Tennessee, for the Appellee Chattanooga
Publishing Company d/b/a Chattanooga Times Free Press.
Joan Oates (Plaintiff) was employed by the Chattanooga Publishing Company (Defendant)
for approximately twenty-three years. In January of 2004, Plaintiff was observed on Defendant's
security camera making obscene gestures with her middle finger toward the camera and then
covering the security camera with a cup for a period of time. Defendant terminated Plaintiff's
employment. Plaintiff filed this lawsuit alleging that she was terminated because of a disability.
Plaintiff also claimed that she was subjected to a hostile work environment and malicious
harassment while employed by Defendant. Plaintiff also sued for intentional and/or negligent
infliction of emotional distress. The Trial Court granted Defendant's motion for summary
judgment on all of Plaintiff's claims. Plaintiff appeals, and we affirm.
UNITED COLOR LAB & DIGITAL IMAGING, INC. v. UNITED STUDIOS
Randall N. Songstad, Memphis, TN, for Appellant.
John D. Horne, Memphis, TN, for Appellee.
In this case we are asked to review a trial court's decision to hold the defendant in contempt of the
court's order. After the plaintiff filed its lawsuit to recover amounts allegedly owed on certain
invoices, the trial court ordered the defendant to file a sworn statement setting forth any amounts it
believed it owed to the plaintiff and the "basis" for that statement. The defendant submitted the
affidavit of its president who asserted that it owed nothing to the plaintiff and that plaintiff breached
the parties' contract. The defendant subsequently filed an answer denying it owed the money and
filed a counter-complaint for breach of contract, tortious interference with contract, and fraud. The
plaintiff filed a petition seeking to hold the defendant in contempt of the court's order, asserting that
the affidavit filed by the defendant did not set forth specific facts. The chancery court granted the
motion and found the defendant in contempt of the order holding that the affidavit did not contain
enough "detail" as required by the order. The defendant appealed to this Court. We reverse.
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