Wilder hospitalized after fall at home

State Senator John Wilder's condition is reportedly improving this afternoon, after he was injured in a fall Thursday night outside his home in Mason. The 85-year-old Wilder is being treated in the Regional Medical Center at Memphis, the Commercial Appeal reports. Wilder's condition has been upgraded from critical to serious.
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Court: TSC


Paul G. Summers, Attorney General and Reporter; Richard H. Dunavant, Assistant Attorney General; Victor S. (Torry) Johnson, III, District Attorney General; and John C. Zimmerman, Assistant District Attorney General, for the appellant/appellee, State of Tennessee.

Jerry Gonzalez, Nashville, Tennessee, for the appellant, Roberto Vasques. James O. Martin, III, Nashville, Tennessee, for the appellant, Kevin Joel Hernandez. John G. Oliva, Nashville, Tennessee, for the appellee, Luis Martin Vasquez. David M. Hopkins, Nashville, Tennessee, for the appellant, Hector Alonzo. Dwight E. Scott, Nashville, Tennessee, for the appellee, Victor Hugo Garza.

Judge: WADE

Our grant of the applications for permission to appeal filed by the State of Tennessee and certain of the defendants was for the purpose of determining (1) whether the evidence at trial was sufficient to support the convictions for conspiracy to possess with intent to sell more than seventy pounds of marijuana within one thousand feet of a school zone; (2) whether the waiver of lesser-included offense instructions under Tennessee Code Annotated section 40-18-110 violates constitutional principles; and (3) whether the Court of Criminal Appeals applied the proper standard in affirming the grant of coram nobis relief to Vasquez and Garza, reversing the trial court, and denying the relief to Vasques, Hernandez, and Alonzo. We conclude that the trial evidence was sufficient to support the convictions and that the statutory waiver of the entitlement to complete jury instructions does not violate the right to a jury trial or the separation of powers principle. We also hold that Vasquez and Garza are entitled to a new trial based upon newly discovered evidence and that Vasques, Hernandez, and Alonzo are not entitled to coram nobis relief. In consequence, the judgments of the Court of Criminal Appeals are affirmed.


Holder concurring and dissenting


Court: TWCA


Linda J. Hamilton Mowles, Esq., Knoxville, Tennessee, for Appellants, Magna International, Inc., Eagle Bend Manufacturing, Inc., and CNA Insurance Company.

Roger Lee Ridenour, Esq., Clinton, Tennessee, for Appellee, Anita Haney.


This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. Section 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 benefits based on permanent partial disability awards of fifty percent (50%) to each arm. On appeal, the employer contends that the trial court erred in making the fifty percent (50%) permanent, partial disability awards. The employee contends that she should be awarded damages for a frivolous appeal. We affirm, as modified, the judgment of the trial court.



Court: TCA


William T. Alt, Chattanooga, Tennessee, for the Appellants, Paul Ray Seaton and John Nolan Seaton.

Joseph H. Crabtree, Jr., Sweetwater, Tennessee, for the Appellee, Richard Rowe, Individually and as Personal Representative of the Estate of Zola G. Howell, et al.


Carl and Zola Howell leased a 60 acre tract of land to Diversified Systems, Inc. and, because the land was landlocked, a 50-foot easement. The Howells later entered into an option agreement with Paul and John Seaton (the "Seatons"). The option agreement granted the Seatons a ten-year option to purchase over 581 acres of land. The option agreement excepted from the option to purchase the 60 acre tract of land then leased to Diversified Systems, Inc. The issue on appeal concerns whether, in the option agreement, the parties intended to exclude only the 60 acre tract of land, or the 60 acre tract plus the 50-foot easement tract. The Trial Court determined that the exclusion covered both the 60 acre tract and the 50-foot easement tract. We reverse the judgment of the Trial Court and remand for further proceedings.



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