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Howard H. Vogel
SHARON NORRIS LITTLE vs. AEROSPACE CENTER SUPPORT, AS A JOINT VENTURE OF COMPUTER SCIENCE CORPORATION, AND UNITED REGIONAL MEDICAL CENTER vs. AMERICAN INTERNATIONAL GROUP, INC.
Charles W. Dooley, Esq. and Carmen Y. Ware, Esq., Pioneer Building, 801 Broad Street, Third
Floor, Chattanooga, Tennessee 37402-2621, for the Appellant, American International Group, Inc.
Robert G. Norred, Jr., Esq., Spears, Moore, Rebman & Williams, Chattanooga, Tennessee, for the
Appellee, Sharon Norris Little.
Clancy J. Covert, Esq., Luther-Anderson, PLLP, Chattanooga, Tennessee, for the Appellee,
Aerospace Center Support, pursuant to its contract with CNA Insurance Co.
Robert R. Davies, Esq., Davies, Humphreys & Evans, PLC, Nashville, Tennessee, for the Appellee,
United Regional Medical Center.
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 hearing and reporting of findings of fact and conclusions of law. The employee suffered carpal
tunnel injuries to both upper extremities. The trial court found that the employee was entitled to a
permanent partial disability award of 30% to each upper extremity. The trial court assigned liability
for the benefits upon the last insurer for the employee's previous employer, finding that the
employee's condition had not been aggravated or advanced by her job duties with her subsequent
employer. The insurance company appealed. We affirm the trial court in all respects.
AL WATSON, ET AL. v. CITY OF LAVERGNE, TENNESSEE
William N. Bates, Nashville, Tennessee, for the appellant, City of LaVergne.
David L. Cooper, Nashville, Tennessee, for the appellees, Al Watson, Milton Bowling, and
The termination of city employees challenged under a writ of certiorari is affirmed because the
city's decision to terminate the at will employees was not arbitrary. The trial court's award of
severance benefits to the terminated employees is reversed because a direct cause of action may
not be joined with a common law writ of certiorari action.
PHILLIPS CONTRACTOR'S AND MANAGEMENT, LLC v. STEALTH GROUP, LLC, ET AL.
H. Douglas Nichol and Harold C. Wimberly, Knoxville, Tennessee, for the appellants, Stealth
Group, LLC; Double T. Builders, LLC; and Dave Burleson Construction Company.
Van R. Michael, Sweetwater, Tennessee; and Edwin H. Arnold, Loudon, Tennessee, for the
appellee, Phillips Contractor's and Management, LLC.
In this breach of contract case, the trial court awarded the plaintiff contractor the remaining gross
balance due under its construction contract with the defendants. Upon our determination that the
award of damages should have been the plaintiff's lost net profits, we vacate the trial court's
judgment and remand.
TERRANCE BURNETT v. STATE OF TENNESSEE
Terrance Burnett, Pro Se, Whiteville, Tennessee.
Robert E. Cooper, Jr., Attorney General and Reporter; David H. Findley, Assistant Attorney General,
for the Appellee, State of Tennessee.
The Appellant, Terrance Burnett, proceeding pro se, appeals the Lauderdale County Circuit Court's
dismissal of his petition seeking DNA analysis under the Post-Conviction DNA Analysis Act of
2001. On appeal, Burnett argues that the trial court's summary dismissal of his petition was error.
Finding no error, the judgment is affirmed.
STATE OF TENNESSEE v. ERIC MICHAEL GOLDMAN
Michael J. Collins, Assistant Public Defender, Shelbyville, Tennessee, for the Appellant, Eric
Robert E. Cooper, Jr., Attorney General and Reporter; David H. Findley, Assistant Attorney General;
W. Michael McCown, District Attorney General; and Weakley E. Barnard, Assistant District
Attorney General, for the Appellee, State of Tennessee.
The Appellant, Eric Michael Goldman, was convicted by a Marshall County jury of misdemeanor
reckless endangerment and public intoxication and received sentences of eleven months and twentynine
days and thirty days, respectively. On appeal, the Appellant raises the single issue of sufficiency
of the evidence. After review, the judgments of the trial court are affirmed.
IN RE: PETITION OF THOMAS PORTER, d/b/a AA/AAA BONDING COMPANY
Joseph E. Tubbs, Humboldt, Tennessee, for the Appellant, Thomas Porter d/b/a AA/AAA Bonding
Robert E. Cooper, Jr., Attorney General and Reporter; Brian Clay Johnson, Assistant Attorney
General, for the Appellee, State of Tennessee.
The Appellant, Thomas Porter, d/b/a AA/AAA Bonding Company, appeals the judgment of the
Madison County Circuit Court denying his Motion to Modify or Set Aside Bond Forfeiture in the
amount of $10,000. Finding no abuse of discretion, the judgment of the trial court is affirmed.
STATE OF TENNESSEE v. JASON R. MATLOCK
Tony L. Maples, Murfreesboro, Tennessee, for the appellant, Jason R. Matlock.
Robert E. Cooper, Jr., Attorney General and Reporter; Preston Shipp, Assistant Attorney General;
William Whitesell, District Attorney General; Laural A. Nutt, Assistant District Attorney General,
for the appellee, State of Tennessee.
In 1998, the Defendant, Jason R. Matlock, pled guilty to attempted rape of a child, and he was
sentenced to ten years as a Range I offender and to community supervision for life. The Defendant
was released from prison in 2006, and he subsequently filed a petition alleging that, since his release,
he has been wrongfully placed in a pilot program that has more stringent requirements than
community supervision for life. The trial court granted a temporary stay but later denied the
Defendant's petition. It is from that denial that the Defendant now appeals. Concluding there exists
no avenue for appeal to this Court, we dismiss the Defendant's appeal.
STATE OF TENNESSEE v. CARROLL CARSON SANDERS
Gene. G. Scott, Jr., Johnson City, Tennessee, for the appellant, Carroll Carson Sanders.
Robert E. Cooper, Jr., Attorney General and Reporter; Jennifer L. Bledsoe, Assistant Attorney General; Anthony W. Clark, District Attorney General; Kenneth C. Baldwin, Assistant District Attorney General, for the appellee, State of Tennessee.
The Defendant, Carroll Carson Sanders, pled guilty in two cases to eight counts of theft over $10,000, five counts of theft over $1000, and one count of theft over $500. The parties agreed to an effective sentence of ten years, with the trial court to determine the manner of service of the ten-year sentence, followed by five years of probation. After a sentencing hearing, the trial court ordered the Defendant to serve his effective ten-year sentence in the Department of Correction. On appeal, the Defendant contends that the trial court erred when it denied him an alternative sentence. Concluding there exists no error, we affirm the judgment of the trial court.
ANTONIO LEONARD SWEATT v. STATE OF TENNESSEE
Antonio Leonard Sweatt, Pro Se, Nashville, Tennessee.
Robert E. Cooper, Jr., Attorney General and Reporter; Elizabeth B. Marney, Assistant Attorney
General; and Pamela Anderson, Assistant District Attorney General, for the Appellee, State of
The Appellant, Antonio Leonard Sweatt, proceeding pro se, appeals the Davidson County Criminal
Court's summary dismissal of his petition requesting DNA analysis pursuant to the Post-Conviction
DNA Analysis Act of 2001. Sweatt is currently serving an effective twenty-five-year sentence,
which was imposed following his guilty pleas to two counts of aggravated rape. On appeal, he
asserts that the trial court erred in dismissing his petition. After review, we find no error and affirm
the judgment of the trial court.
STATE OF TENNESSEE v. KENNETH EARL WHITTEN
Gary F. Antrican, District Public Defender; and David S. Stockton, Assistant Public Defender, for
the appellant, Kenneth Earl Whitten.
Robert E. Cooper, Jr., Attorney General and Reporter; Brian Clay Johnson, Assistant Attorney
General; D. Michael Dunavant, District Attorney General; and Joe VanDyke, Assistant District
Attorney General, for the appellee, State of Tennessee.
The defendant, Kenneth Earl Whitten, was convicted of aggravated sexual battery, a Class B felony,
and sentenced as a violent offender to ten years in the Department of Correction. He appeals three
issues: (1) the sufficiency of the evidence; (2) whether child abuse should have been charged as a
lesser-included offense; and (3) whether the trial court erroneously applied enhancement or
mitigating factors in sentencing the defendant. Following our review, we affirm the judgment of the
trial court but modify the defendant's sentence to eight years.
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