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Tennessee Supreme Court DISCRETIONARY APPEALS Grants & Denials List

Court: TN Supreme Court

Week of June 27, 2022 - July 1, 2022

certlist_070522.pdf

COURTNEY LEE v. FEDERAL EXPRESS CORPORATION, ET AL.

Court: TN Workers Comp Appeals Board

Attorneys:

Joseph B. Baker, Memphis, Tennessee, for the employer-appellant, Federal Express Corporation

Courtney Lee, Cleveland, Mississippi, employee-appellee, pro se

Judge(s): GODKIN

The employee reported sustaining injuries to her neck and low back after handling a box during the course and scope of her employment. The employer accepted the claim as compensable and provided authorized medical treatment. The authorized physician provided conservative care but later indicated he was unable to discern any objective findings supporting the need for continued medical treatment made reasonably necessary by the work accident. The physician placed her at maximum medical improvement, released her with no restrictions, and opined that no additional medical treatment was necessary for her work-related injuries. After a trial, the court found the injury to be compensable but found the employee had failed to prove entitlement to temporary or permanent disability benefits. Among other findings, the court’s compensation order stated the employee was entitled to future medical treatment made reasonably necessary by the work accident with her treating physician. Thereafter, the employee filed a motion seeking additional medical benefits, which the employer declined to authorize. The trial court granted the employee’s motion, determining that she was entitled to further evaluation by her treating physician, and the employer has appealed. We affirm the trial court’s order and certify it as final.

leec_070522.pdf

MANKIN MEDIA SYSTEMS, INC. v. TIMOTHY CORDER

Head Comment: CORRECTION: On page 2 the paragraph that starts with "On April 24, 2019", 5th sentence. It should read Tennessee Rule of Civil Procedure Rule 12.02 not Tennessee Rule of Appellate Procedure 12.02.

Court: TN Court of Appeals

Attorneys:

J. Cole Dowsley, Jr. and Sarah M. Ferraro, Nashville, Tennessee, for the appellant, Mankin Media Systems, Inc.

James W. Cobb, Abigail M. Mabry, and Taylor M. Davidson, Hendersonville, Tennessee, for the appellee, Timothy Corder.

Judge(s): ARMSTRONG

Appellant appeals the trial court’s order affirming the award of an arbitrator. Appellant filed suit against its former employee, the Appellee, alleging breach of contract for violation of certain provisions of the employee handbook, which also contained an arbitration clause. Because the handbook does not constitute an enforceable employment contract, the trial court erred in ordering the parties to arbitrate and in affirming the arbitrator’s award. Reversed and remanded.

mankinmedia_CORR_070522.pdf

IN RE LUCAS L.

Court: TN Court of Appeals

Attorneys:

Thomas H. Miller, Franklin, Tennessee, for the appellant, Lucas S.L.

Hilary H. Duke, Dickson, Tennessee, for the appellee, Grant C.

Herbert H. Slatery, III, Attorney General and Jordan K. Crews, Senior Assistant Attorney General, for the appellee, State of Tennessee, Department of Children’s Services.

Judge(s): STAFFORD

The father of a child appeals the trial court’s finding that the child was dependent and neglected and the victim of severe abuse. Discerning no error, we affirm.

lucasl_070522.pdf

DONNA ANDERSON v. BRANAN WHITE

Court: TN Court of Appeals

Attorneys:

Donna Anderson, Old Hickory, Tennessee, Pro se.

Benjamin E. Goldammer, Nashville, Tennessee, for the appellee, Branan White.

Judge(s): STAFFORD

Appellant appeals the trial court’s grant of summary judgment in Appellee’s favor on a breach of contract claim. Because Appellant’s brief is not compliant with Rule 27 of the Tennessee Rules of Appellate Procedure, we dismiss this appeal.

andersond_070522.pdf

STATE OF TENNESSEE v. WALLACE WADE TIDWELL

Court: TN Court of Criminal Appeals

Attorneys:

Ann C. Short and Donald A. Bosch (at sentencing and on appeal), Knoxville, Tennessee; J. Thomas Marshall, Jr., District Public Defender; and Ann D. Coria, Assistant District Public Defender (at trial), for the appellant, Wallace Wade Tidwell.

Herbert H. Slatery III, Attorney General and Reporter; Edwin Alan Groves, Jr., Assistant Attorney General; Dave S. Clark, District Attorney General; and Anthony Craighead, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): HOLLOWAY

Following a trial, an Anderson County jury convicted Defendant, Wallace Wade Tidwell, of aggravated robbery, and Defendant was sentenced, as a career offender, to thirty years’ incarceration. On appeal, Defendant contends that the trial court erred in sentencing him as a career offender because the State failed to file a proper notice under Tennessee Code Annotated section 40-35-202(a). Defendant further contends that the trial court committed per se reversible error by instructing jurors that they could not question witnesses. Following a thorough review, we affirm the judgment of the trial court.

Wallace Tidwell Opinion - Unsigned.pdf

STATE OF TENNESSEE v. PATRICIA KAYE WILKEY

Court: TN Court of Criminal Appeals

Attorneys:

D. Marty Lasley, Chattanooga, Tennessee, for the appellant, Patricia Kaye Wilkey.

Herbert H. Slatery III, Attorney General and Reporter; Courtney N. Orr, Senior Assistant Attorney General; J. Michael Taylor, District Attorney General; and David Shinn, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): WILLIAMS

The Defendant, Patricia Kaye Wilkey, appeals her conviction of first degree premeditated murder, for which she received a sentence of life imprisonment. On appeal, the Defendant asserts that (1) the evidence is insufficient to support her conviction; (2) the trial court improperly limited defense counsel’s cross-examination of the State’s witnesses; (3) the trial court erred in admitting hearsay statements; (4) the State made improper comments during closing arguments; and (5) the trial court imposed an excessive sentence. Upon reviewing the record, the parties’ briefs and oral arguments, and the applicable law, we affirm the judgment of the trial court.

wilkeyp_070522.pdf

STATE OF TENNESSEE v. ROBERT DANIEL OWENS, JR.

Court: TN Court of Criminal Appeals

Attorneys:

Mitchell A. Raines (on appeal), Assistant Public Defender – Appellate Division; Ardena J. Garth, District Public Defender; and Jay Perry (at hearing), Assistant Public Defender, for the appellant, Robert Daniel Owens, Jr.

Herbert H. Slatery III, Attorney General and Reporter; Garrett D. Ward, Assistant Attorney General; Neal Pinkston, District Attorney General; and Colin Campbell, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): WILLIAMS

The Defendant, Robert Daniel Owens, Jr., pleaded guilty to one count each of aggravated burglary, domestic assault, assault, and aggravated stalking, and he received an effective sentence of four years on supervised probation after service of eleven months, twentynine days in confinement, followed by a consecutive sentence of two years on unsupervised probation. A revocation warrant was issued, and following a hearing, the trial court found that the Defendant violated the conditions of his probation, revoked his probation, and ordered him to serve his sentences in confinement. On appeal, the Defendant contends that the trial court abused its discretion by ordering him to serve his sentences in confinement. Following our review, we affirm the judgment of the trial court.

owensr_070522.pdf

STATE OF TENNESSEE v. TOBY DUNN

Court: TN Court of Criminal Appeals

Attorneys:

Gregory P. Isaacs and J. Franklin Ammons, (on appeal), and Charlotte Ann Leibrock and William Leibrock, (at trial), Knoxville, Tennessee, for the appellant, Toby Dunn.

Herbert H. Slatery III, Attorney General and Reporter; Katherine C. Redding, Senior Assistant Attorney General; Charme P. Allen, District Attorney General; and J. Eugene Perrin, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): HOLLOWAY

The Cocke County Grand Jury indicted Defendant, Toby Dunn, for attempted first degree murder in count one, aggravated assault in count two, employment of a firearm during the commission of a dangerous felony in count three, and possession of a firearm during the commission of a dangerous felony in count four. A jury found Defendant guilty in count one of the lesser-included offense of attempted second degree murder and guilty as charged in all other counts. At sentencing, the trial court merged counts one and two and merged counts three and four. The court sentenced Defendant to twelve years’ incarceration with a thirty percent release eligibility in count one and to a consecutive six years’ incarceration with a 100 percent release eligibility in count three. On appeal, Defendant argues that the trial court erred by limiting cross-examination of the victim, by excluding a video of the victim, and by admitting Defendant’s prior bad act. He also argues that the State failed to establish the chain of custody for the firearm, that the evidence was insufficient to support his convictions, and that his sentence was excessive. After a thorough review, we affirm the judgments of the trial court.

dunnt_070522.pdf

STATE OF TENNESSEE v. JERRY LOUIS FITZGERALD, Jr.

Court: TN Court of Criminal Appeals

Attorneys:

Harold E. Dorsey, Trenton, Tennessee, for the appellant, Jerry Louis Fitzgerald, Jr.

Herbert H. Slatery III, Attorney General and Reporter; Brent C. Cherry, Senior Assistant Attorney General; Frederick Hardy Agee, District Attorney General; and Jason Scott and Jennifer McEwen, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge(s): WILLIAMS

The Defendant, Jerry Louis Fitzgerald, Jr., was convicted at trial of sexual battery and possession of 0.5 grams or more of cocaine with the intent to sell or deliver, and he received an effective sentence of fourteen years in confinement. On appeal, the Defendant argues that the evidence was insufficient to convict him of sexual battery and that although he possessed the cocaine, the evidence was insufficient to support a finding that he intended to sell or deliver it. After review, we affirm the trial court’s judgments.

fitzgeraldj_070522.pdf

STATE OF TENNESSEE v. DANA BAKER

Head Comment: EASTER filed a dissenting opinion.

Court: TN Court of Criminal Appeals

Attorneys:

Cory Hancock (on appeal) and Mark Donahoe (at trial), Jackson, Tennessee, for the appellant, Dana Baker.

Herbert H. Slatery III, Attorney General and Reporter; Ronald L. Coleman, Assistant Attorney General; Jody S. Pickens, District Attorney General; and Michelle R. Shirley, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): WITT

The defendant, Dana Baker, challenges his Madison County Circuit Court convictions of one count of assault, see T.C.A. § 39-13-101(a)(1), and one count of obstructing or preventing the service of process, see id. § 39-16-602(c), on grounds that an alleged Fourth Amendment violation prohibited his convictions and that the evidence was insufficient to support his convictions. Because the evidence was insufficient to support either of the defendant’s convictions, the convictions are reversed, and the charges are dismissed.

bakerd_070522.pdf

bakerd_DISS_070522.pdf