Opinion FlashFebruary 4, 2002
Volume 8 Number 021
What follows is the case style or name, first paragraph, author's name, and the names of attorneys for the parties of each opinion released eletronically today to TBALink.
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Howard H. Vogel
BONNER McCLUSKEY v. F&M INCORPORATED, et al. Court:TSC - Workers Comp Panel Attorneys: Steve Taylor, Memphis, Tennessee, for the appellant, Bonner McCluskey R. Scott Vincent and Ronald L. Harper, Memphis, Tennessee, for the appellees, F&M Incorporated d/b/a Domino's Pizza, Inc., and Domino's Pizza, Inc. Judge: LOSER First Paragraph: This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. S 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. In this appeal, the appellant insists (1) the trial court erred in dismissing his claim for permanent disability benefits based on a finding that the proof of permanency was insufficient, and (2) the trial court erred in disallowing the appellant's post-trial application for relief. As discussed below, the panel has concluded the judgment should be affirmed. http://www.tba.org/tba_files/TSC_WCP/mccluskey.wpd
SUPREME COURT OF TENNESSEE SUPREME COURT DISCRETIONARY APPEALS Court:TSC - Rules http://www.tba.org/tba_files/TSC_Rules/certlist_0204.wpd
AMY ADELIA JENNINGS ARNOLD, v. KEVIN SCOTT ARNOLD Court:TCA Attorneys: C.E. Bud Cunningham, Morristown, Tennessee, for Appellant, Kevin Scott Arnold. Connie G. Trobaugh, Morristown, Tennessee, for Appellee, Amy Adelia Jennings Arnold. Judge: FRANKS First Paragraph: In this divorce action, husband has appealed the amount of child support awarded, the custody award, and the alimony and attorney's fees awarded to wife. On appeal, we affirm the Trial Court. http://www.tba.org/tba_files/TCA/arnolda.wpd
TEX HELTON, et al. v. COLONIAL LOAN ASSOCIATION, INC., et al. Court:TCA OPINION ON PETITION TO REHEAR http://www.tba.org/tba_files/TCA/heltontex_reh.wpd
CYNTHIA LONG v. CITY OF MARYVILLE Court:TCA Attorneys: Kevin W. Shepherd, Maryville, Tennessee, for Appellant. Nathan D. Rowell, Knoxville, Tennessee, for Appellee. Judge: FRANKS First Paragraph: Upon remand from this Court, the Trial Court entered Judgment for defendant in this slip and fall case. On appeal, we reverse. http://www.tba.org/tba_files/TCA/longc.wpd
JOHN WARFIELD and wife, ANNE WARFIELD, v. CARLOS CLIFFORD LOWE, and COREGIS INSURANCE COMPANY Court:TCA Attorneys: Dail R. Cantrell, Clinton, Tennessee, for Appellant. Douglas L. Dutton, Knoxville, Tennessee, for Appellee. Judge: FRANKS First Paragraph: Plaintiff sought to establish insurance coverage for his injuries under his employer's policy. The Trial Judge declared no coverage. On appeal, we affirm. http://www.tba.org/tba_files/TCA/warfieldj.wpd
STATE OF TENNESSEE v. MICHAEL BIKREV Court:TCCA Attorneys: Jeff Preston Burks, Franklin, Tennessee, for the appellant, Michael Bikrev. Paul G. Summers, Attorney General and Reporter; David H. Findley, Assistant Attorney General; Ron Davis, District Attorney General; and Lee Dryer, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WELLES First Paragraph: The Defendant, Michael Bikrev, was convicted of theft of property over $1, 000.00 by a Williamson County jury. After a sentencing hearing, the Defendant was sentenced as a Range I standard offender to three years in the Department of Correction. The trial court suspended the sentence conditioned upon the Defendant serving one year in the Williamson County jail and completing four years of probation. On appeal, the Defendant contends that (1) the evidence is insufficient to support his conviction, (2) the State did not prove venue, (3) the trial court erred in admitting evidence of a tacit admission made by the Defendant, and (4) the trial court erred in sentencing the Defendant. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/bikrevm.wpd
STATE OF TENNESSEE v. AMOS L. BROWN Court:TCCA Attorneys: Gregory Scott Kanavos and Henry Franklin Chancey, Cleveland, Tennessee, for the Appellant, Amos L. Brown. Paul G. Summers, Attorney General and Reporter; Elizabeth B. Marney, Assistant Attorney General; Jerry N. Estes, District Attorney General; William Reedy, Assistant District Attorney General; Amy Reedy, Assistant District Attorney General; and Daniel Cole, Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: WEDEMEYER First Paragraph: In May 1999, a McMinn County jury found the Defendant guilty of the felony murder of one victim and of the criminally negligent homicide of a second victim. The trial court sentenced the Defendant as a Range I standard offender to concurrent sentences of life in prison for the felony murder conviction and two years incarceration for the criminally negligent homicide conviction. In this appeal as of right, the Defendant presents the following issues for our review: (1) whether sufficient evidence was presented at trial to support his conviction for felony murder; (2) whether the trial court erred by refusing to order the State to reveal the identity of a confidential informant; (3) whether the trial court erred by allowing the Defendant's co-defendant to testify against him at trial; (4) whether the trial court erred by allowing the jury to view a video tape of the Defendant's arrest; (5) whether the trial court allowed the jury to hear inadmissible hearsay testimony; (6) whether the trial court erred by allowing into evidence the entire written statement of the co- defendant; (7) whether the Defendant was denied a fair trial as a result of the State's failure to disclose exculpatory information; and (8) whether the trial court erred by denying the Defendant's motion requesting individual voir dire of the potential jurors concerning pretrial publicity. Finding no error by the trial court, we affirm the Defendant's convictions. http://www.tba.org/tba_files/TCCA/brownal.wpd
STATE OF TENNESSEE v. WILLIAM RAY COLLIER Court:TCCA Attorneys: David P. Byrne, Nashville, Tennessee, for the appellant, William Ray Collier. Paul G. Summers, Attorney General and Reporter; Braden H. Boucek, Assistant Attorney General; Victor S. Johnson, District Attorney General; and Bret Gunn, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WELLES First Paragraph: The Defendant, William Ray Collier, was convicted by a jury of two counts of possessing heroin with intent to sell or deliver within one thousand feet of a school, one count of possessing heroin with intent to sell or deliver, and three counts of driving on a suspended license. The trial court sentenced the Defendant to an effective term of seventy-one years. In this appeal as of right, the Defendant raises three issues: whether the trial court erred in admitting certain expert testimony; whether the evidence is sufficient to sustain his convictions; and whether his sentence is excessive. Finding no merit in any of the Defendant's contentions, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/collierwr.wpd
STATE OF TENNESSEE v. HERSHELL W. ESTES, JR. Court:TCCA Attorneys: Kenneth F. Irvine, Jr., Knoxville, Tennessee, for appellant, Hershell W. Estes, Jr. Paul G. Summers, Attorney General & Reporter; Mark A. Fulks, Assistant Attorney General; Randall E. Nichols, District Attorney General; and Kevin Allen, Robert Headrick, and Leland Price, Assistant District Attorneys General, for appellee, State of Tennessee. Judge: SMITH First Paragraph: A Knox County jury convicted the defendant of one count of aggravated sexual battery and one count of rape of a child. For the former the trial court sentenced the defendant to ten years, and for the latter he received a sentence of twenty-three years. The trial court then ordered these sentences to run concurrently. Subsequently, the defendant brought an unsuccessful motion for new trial and now pursues the present appeal in this Court raising two issues. More specifically, the defendant avers that the trial court erred 1) by limiting defense counsel's questioning of the victim concerning her prior sexual experiences and 2) by improperly utilizing two enhancement factors in sentencing the defendant. Upon review of these issues, we find that neither merit reversal and, thus, affirm the convictions and sentences. However, we have noted error in the rape of a child judgment requiring a remand for correction thereof. http://www.tba.org/tba_files/TCCA/esteshershell.wpd
STATE OF TENNESSEE v. JOEL M. PUENTES Court:TCCA Attorneys: Ross E. Alderman, District Public Defender; Jeffrey A. DeVasher, Assistant Public Defender (on appeal); and Amy D. Harwell and Richard Tennent, Assistant Public Defenders (at trial), for the appellant, Joel M. Puentes. Paul G. Summers, Attorney General and Reporter; Kathy D. Aslinger, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; and Dan Hamm and Ana L. Escobar, Assistant District Attorneys General, for the appellee, State of Tennessee. Judge: TIPTON First Paragraph: The defendant, Joel M. Puentes, appeals his conviction by a jury in the Davidson County Criminal Court for facilitating second degree murder, a Class B felony, for which he received a nine-year sentence. He contends that (1) the indictment is deficient in its allegations regarding homicide, (2) the proof is insufficient to convict him, and (3) the trial court should have instructed the jury regarding accessory after the fact as a lesser included offense to homicide. We conclude that no error exists and that the evidence is sufficient. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/puentesjoelm.wpd
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