Tennessee Administrative Office of the Courts

Appellate Court Opinions

Format: 11/28/2014
Format: 11/28/2014
03C01-9603-CC-00108
Anderson County Court of Criminal Appeals 02/13/97
03C01-9606-CC-00213
Sevier County Court of Criminal Appeals 02/13/97
X2010-0000-XX-X00-XX
Putnam County Court of Criminal Appeals 02/13/97
01A01-9605-CH-00218
Court of Appeals 02/12/97
P. 54.04(2); See Lock v. National Union Fire Ins. Co., 809 S.W.2D 483, 490 (Tenn.
01A01-9606-CV-00251
Davidson County Court of Appeals 02/12/97
01C01-9604-CR-00158
Davidson County Court of Criminal Appeals 02/12/97
Driber vs. Physicians Health Care
01A01-9607-CH-00310
Davidson County Court of Appeals 02/12/97
01C01-9509-CC-00299
Dickson County Court of Criminal Appeals 02/12/97
01C01-9511-CC-00398
Davidson County Court of Criminal Appeals 02/12/97
I Concurred With The Majority In Arnold Carter v. State, No. 03C01-9509-Cc-
01C01-9511-CC-00398
Davidson County Court of Criminal Appeals 02/12/97
01C01-9511-CR-00367
Davidson County Court of Criminal Appeals 02/12/97
01C01-9512-CC-00415
Maury County Court of Criminal Appeals 02/12/97
Separately Upon The Presence of The Error First Recognized In State v. Middlebrooks,
01C01-9512-CC-00415
Maury County Court of Criminal Appeals 02/12/97
01C01-9512-CC-00425
Williamson County Court of Criminal Appeals 02/12/97
01C01-9601-CC-00033
Lawrence County Court of Criminal Appeals 02/12/97
01C01-9602-CR-00062
Davidson County Court of Criminal Appeals 02/12/97
01C01-9603-CC-00114
Coffee County Court of Criminal Appeals 02/12/97
I Concurred With The Majority In Arnold Carter v. State, No. 03C01-9509-Cc-
01C01-9604-CR-00158
Davidson County Court of Criminal Appeals 02/12/97
James P. Mitchell, v. James Davenport, Commissioner of the Departmentof Employment Security of the State of Tennessee, Noma Outdoor Products, Inc.
02A01-9510-CH-00230

In this unemployment compensation case, James Mitchell (“Mitchell”) filed a claim 2 for unemployment compensation with the Tennessee Department of Employment Security (“TDES”). TDES approved Mitchell’s claim, and Mitchell’s employer, NOMA Outdoor Products, Inc. (“NOMA”), appealed TDES’ claim approval. On appeal, the Appeals Tribunal ruled that Mitchell was not eligible for unemployment benefits pursuant to T.C.A. § 50-7-303(a)(2) due to work-connected misconduct and declared that the $1,190.00 in unemployment benefits that Mitchell had previously received was an overpayment. Mitchell thereafter requested that TDES waive his $1,190.00 overpayment pursuant to T.C.A. § 50-7-303(d)(2). The Appeals Tribunal denied Mitchell’s request for a waiver of the overpayment, and Mitchell appealed the decision of the Appeals Tribunal to the Board of Review. The Board of Review adopted the findings of fact and decision of the Appeals Tribunal and denied Mitchell’s request for a waiver of the overpayment. Mitchell thereafter filed a petition to rehear which was denied by the Board of Review. Pursuant to T.C.A. § 50-7-304(i), Mitchell filed a petition for certiorari in chancery court seeking judicial review of the Board’s decision. The chancery court dismissed Mitchell’s petition for certiorari and affirmed the decision of the Board of Review, denying Mitchell’s request for a waiver of the overpayment. Mitchell appeals from the order of the chancery court arguing that the chancery court erred in admitting additional evidence and erred in not vacating or setting aside the decision of the Board of Review. For the reasons stated hereafter, we affirm the judgment of the chancery court.
 

Madison County Court of Appeals 02/12/97
William Thomas Winchester, v. Glenda Rachelle Winchester
02A01-9604-CH-00092

This is a child custody case. The trial court awarded Appellant William Thomas Winchester (“Husband”) and Appellee Glenda Rachelle Winchester (“Wife”) joint custody of the minor child of the marriage, which both parties appeal. We vacate the trial court’s award of joint custody and remand the case to the trial court to conduct further findings of fact concerning each party’s comparative fitness and to award custody to either Husband or Wife.

Chester County Court of Appeals 02/12/97
Johnny Glenn Hilliard v. Misty Lynn Hilliard and Terry Minton - Concurring
02A01-9609-CH-00230

Johnny Glenn Hilliard (Father) appeals from the order of the trial court granting visitation rights to his son’s maternal grandmother. Father and Misty Lynn Hilliard (now Schrems) (Mother) married in 1992. Alexander Glenn Hilliard (Alex) was born in May 1993. The parents divorced in January, 1995 and temporary custody1 was awarded to Terry Minton, the maternal grandmother. At that time, Mother was living with her mother, Terry Minton. Mother currently resides in Florida with her present husband.

Weakley County Court of Appeals 02/12/97
State vs. Sluder
03C01-9509-CC-00272
Morgan County Court of Criminal Appeals 02/12/97
03C01-9601-CR-00022
Knox County Court of Criminal Appeals 02/12/97
03C01-9508-CR-00222
Knox County Court of Criminal Appeals 02/12/97
03C01-9512-CR-00413
Knox County Court of Criminal Appeals 02/12/97