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Court: TSC



Court: TWCA


John W. Barringer, Jr. and David M. Drobny, Nashville, Tennessee, for the appellant, Sprint PCS.

Bill Easterly and James B. Lewis, Nashville, Tennessee, for the appellee, Sharon Clark. M. Clark Spoden and Brian C. Neal, Nashville, Tennessee, for the appellee, Convergys Customer Management Corp.


This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel in accordance with Tennessee Code Annotated 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 appellee Sharon Clark's claim for workers' compensation benefits and held appellant Sprint PCS liable rather than Clark's successor employer, appellee Convergys. The trial court also assessed discretionary costs against Sprint. Sprint contends that the trial court erred in (1) holding it rather than Convergys liable for Clark's claim; (2) relying on medical depositions taken while Sprint was not a party; and (3) assessing discretionary costs against it. After our review of the record, we reverse the trial court's judgment against Sprint and order judgment against Convergys. We remand this matter for the reassessment of discretionary costs.



Court: TWCA


Jerry D. Mayo, Nashville, Tennessee, for the appellant, Yvonne Pigg.

Lee Anne Murray and Jennifer R. Mueller, Nashville, Tennessee, for the appellee, Liberty Mutual Insurance Company. Robert E. Cooper, Jr., Attorney General and Reporter; Michael Moore, Solicitor General; Lauren S. Lamberth, Assistant Attorney General, for the appellee, The Second Injury Fund.


In this workers' compensation case, the employee sustained a compensable shoulder injury. She alleged that she sustained an additional injury to her back as a result of medical treatment for the shoulder injury. Her employer denied that claim. A settlement of both claims was approved by the Department of Labor. The settlement agreement stated that the back injury was being settled on a disputed claim basis, pursuant to Tennessee Code Annotated section 50-6-206(b). The employee returned to work for her employer for approximately three years. She was unable to satisfy her production quota and was eventually terminated for that reason. She sought reconsideration of both claims in the trial court. The trial court held that reconsideration of the back injury claim was barred by the terms of the settlement. It denied reconsideration of the shoulder injury claim because her termination was for "misconduct." Employee has appealed, contending that the trial court erred. We affirm the judgment.



Court: TWCA


Russell D. Hedges, Tullahoma, Tennessee, for the appellant, Tammy Seals.

Owen R. Lipscomb, Nashville, Tennessee, for the appellee, Vanguard of Manchester, LLC.


This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated Section 50-6-225(e)(3) for a hearing and a report of findings of fact and conclusions of law. The employee was an LPN for a nursing home. She was diagnosed with carpal tunnel syndrome in 2003. She was terminated, for reasons unrelated to her work injury, in 2005. She began working in a similar job for a second nursing home. In September 2006, she had surgery to treat her condition. She sued the earlier employer, but not the latter employer, seeking workers' compensation benefits. The trial court applied the "last day worked" rule, and found that the injury occurred while she worked for the second employer. The lawsuit was dismissed. The employee has appealed, arguing that the trial court erred in its determination of the date of her injury. We affirm the judgment.



Court: TCA


James F. Logan, Jr., Cleveland, Tennessee, for the Appellant, Thomas Mark Pedine.

Roger E. Jenne, Cleveland, Tennessee, for the Appellee, Susan Mackowski Pedine.


This appeal involves the dissolution of the second marriage between Susan Mackowski Pedine ("Wife") and Thomas Mark Pedine ("Husband"). Following a trial, the Trial Court granted Wife a divorce, classified the parties' property as either marital or separate, and then divided the marital assets. The Trial Court also awarded Wife rehabilitative alimony of $6,000 per month for a period of four years, to be followed by alimony in futuro of $3,000 per month. Husband and Wife both appeal the Trial Court's classification of certain property as marital or separate, as well as the overall division of marital property. Husband appeals the type and amount of alimony awarded to Wife. We modify the Trial Court's classification of certain property as either marital or separate, and modify the overall distribution of marital property. We affirm the Trial Court's judgment as to the amount and type of alimony awarded to Wife. As modified, the judgment of the Trial Court is affirmed.



Court: TCCA


James A. H. Bell, Knoxville, Tennessee, for the appellant, Re'Licka Dajuan Allen.

Robert E. Cooper, Jr., Attorney General and Reporter; Rachel West Harmon, Assistant Attorney General; Randall E. Nichols, District Attorney General; and Kevin J. Allen, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: SMITH

Defendant, Re'Licka Dejuan Allen, was indicted on two counts of aggravated exploitation of a minor and one count of sexual exploitation of a minor. The State refused to comply with Defendant's requests for discovery by withholding the contents of Defendant's computer hard drive and other computer materials alleged to contain incriminating evidence. The State refused to disclose the requested discovery despite the trial court's issuance of two protective orders, the ruling of the appellate court on interlocutory appeal, and a third protective order by the trial court requiring disclosure. After a final hearing, the trial court suppressed the evidence and dismissed the indictment against Defendant. The State argues on appeal that the trial court erred in suppressing the evidence based upon the perceived threat of federal prosecution to defense counsel. Following our review of the parties' briefs, the record, and the applicable law, we reverse the judgment of the trial court, reinstate the indictment and remand for trial.



Court: TCCA


Kari I. Weber, Assistant Public Defender, Somerville, Tennessee, for the appellant, Edward Leon Davis.

Robert E. Cooper, Jr., Attorney General and Reporter; J. Ross Dyer, Assistant Attorney General; D. Michael Dunavant, District Attorney General; and Terry Dycus, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: MCLIN

The defendant, Edward Leon Davis, was convicted by a jury of delivery of a Schedule II controlled substance (cocaine) weighing more than .5 grams, a Class B felony. For his conviction, the defendant received a sentence of ten years. On appeal, the defendant raises the following issues: (1) whether the trial court erred in denying the defendant's motion for a mistrial; (2) whether the evidence was sufficient to sustain his conviction; (3) whether the trial court imposed an excessive sentence; and (4) whether the trial court erred in denying the defendant probation or alternative sentencing.



Court: TCCA


James E. Thomas, Memphis, Tennessee (on appeal); and Frank Deslauriers, Covington, Tennessee (at trial) for the appellant, Spencer Louis Lark, Jr.

Robert E. Cooper, Jr., Attorney General and Reporter; Deshea Dulany, Assistant Attorney General; D. Michael Dunavant, District Attorney General; James Walter Freeland, Jr., Assistant District Attorney General; and P. Neal Oldham, Assistant District Attorney General, for the appellee, the State of Tennessee.


Following a jury trial with co-defendant Maurice Nash, Defendant, Spencer Louis Lark, Jr., was found guilty of two counts of aggravated assault, a Class C felony, and one count of reckless endangerment with a deadly weapon, a Class E felony. Following a sentencing hearing, the trial court sentenced Defendant as a Range II, multiple offender, to six years for each aggravated assault conviction, and two years for his felony reckless endangerment conviction. The trial court ordered Defendant to serve his sentences concurrently for an effective sentence of six years. Defendant does not appeal the length or manner of service of his sentences. In his appeal, Defendant challenges the sufficiency of the convicting evidence. After a thorough review, we affirm the judgment of the trial court.



Court: TCCA


Kandi Kelley Collins, Jackson, Tennessee, for the appellant, William T. Utley.

Robert E. Cooper, Jr., Attorney General and Reporter; David H. Findley, Assistant Attorney General; James G. Woodall, District Attorney General; Alfred Earls, Assistant District Attorney General; and Shaun A. Brown, Assistant District Attorney General, for the appellee, the State of Tennessee.


Petitioner, William Utley, appeals the dismissal of his petition for post-conviction relief in which he alleged that his trial counsel rendered ineffective assistance of counsel. After a thorough review of the record, we conclude that Petitioner has failed to show that his trial counsel rendered ineffective assistance and affirm the judgment of the post-conviction court.



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