Tennessee Administrative Office of the Courts

Appellate Court Opinions

Format: 04/17/2015
Format: 04/17/2015
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
03C01-9601-CC-00037
Carter County Court of Criminal Appeals 02/12/97
03C01-9603-CR-00110
Knox County Court of Criminal Appeals 02/12/97
03C01-9606-CR-00248
Knox County Court of Criminal Appeals 02/12/97
X2010-0000-XX-X00-XX
Court of Appeals 02/12/97
03C01-9508-CC-00250
Unicoi County Court of Criminal Appeals 02/11/97
03C01-9404-CR-00157
Anderson County Court of Criminal Appeals 02/11/97
03C01-9511-CC-00343
Rhea County Court of Criminal Appeals 02/11/97
03C01-9601-CC-00023
Cumberland County Court of Criminal Appeals 02/11/97
State of Tennessee v. Thomas D. Smith
01C01-9904-CC-00146
Robertson County Court of Criminal Appeals 02/10/97
Jessie James Jones, Jr. v. Cigna Insurance Companies
02S01-9601-CH-00041
This workers' compensation app eal has been referred to the Special W ork ers ' C om pe ns atio n A pp ea ls P an el of the Su pre m e C ou rt in acc ord an ce with Te nn . Co de An n. _ 5 -6- 22 5(e )(3 ) fo r he arin g a nd rep orting of find ings of fa ct an d co nc lusio ns of law . The p lainti ff, Je ss e J am es Jo ne s J r., u nd erw en t co m pe ns ab le lumbar disc h ern iatio n a nd surgery for which he entered into a settlement agre em ent w ith his em ployer for p aym en t of permanent partial disa bility be ne fits of 4 % to the bo dy as a w ho le in September, 19, 1992. On May 18, 1992, Plaintiff was injured in a second industrial accident and suffered a second lumbar disc herniatio n for which he underwent a sec on d lam inec tom y. The plaintiff recovered a judgment for the second injury against Cigna Insurance Company in which he was aw ard ed fur the r w ork ers ' co m pe ns atio n b enefits based on the find ing that he suffered 55% perm ane nt partial disab ility to the bo dy as a whole. On Se pte m be r 2 , 19 95 , C ign a file d a m otio n fo r re du ctio n o f aw ard pursuant to Tenn. Code Ann. _ 56-6-231 seeking a reduction of the pe rm an en t disa bility aw ard for the sec on d inju ry. Th e T rial Co urt denied Cigna's motion for reduction of award and this appeal results. In its on ly issue, Cigna says that evidence preponderates against the Tr ial C ou rt's d en ial o f its m otio n to te rm ina te its ob liga tion for payment of p erm an en t disa bility be ne fits as of N ov em be r 7, 1 99 5. 2
Madison County Workers Compensation Panel 02/10/97
Carmella Mccadams v. Henry County Board of Education
02S01-9606-CV-00055
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. section 5-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. The issue in this appeal is whether the evidence preponderates against the trial court's award of permanent disability benefits for a claimed back injury. This tribunal has concluded the judgment should be reversed for insufficient evidence of permanency. Because we do not reach a second issue, involving the method by which the employee's average weekly wage is determined, that issue is pretermitted. At the time of the trial, the employee or claimant, McCadams, was thirty-six years old, with a twelfth grade education and 8 hours of training in cosmetology. Her work history includes sewing shoes at Brown Shoe, sewing clothes at HIS, baby sitting at home, cleaning houses, working at a florist and working in the cafeteria at Henry County High School. She began working for the employer, Henry County Board of Education, in March of 1993, as a substitute cook. On November 18th of the same year, while standing on a ladder to reach vents she was cleaning, she lost then quickly regained her balance. When she did, she felt pain in her neck and back. She did not fall. She finished working that day and, except for the following day when she worked only three hours and twenty-five minutes, worked regularly until December 6th of the same year. She has voluntarily quit working. On December 3rd and 13th, she sought treatment from Dr. Walter Griffey for pain in her back and neck and a funny feeling in both feet. In January of 1994, she sought treatment from Dr. Carl W. Huff, who diagnosed neck pain without objective findings, back pain without objective findings and symptom magnification syndrome. Dr. Huff prescribed return to work without limitations and with no permanent impairment. She has been also seen by three neurosurgeons, none of whom found evidence of injury, other than preexisting degenerative disc disease. One of them described the claimant as a malingerer. Her husband called the doctor a quack. The claimant was finally referred to a Dr. Mark Crawford, whose specialty and qualifications are not in the record. Dr. Crawford wrote, " (B)ased on the AMA Guidelines to the Evaluation of Permanent Impairment, 4th Edition and based on moderate degenerative disc disease of L4 and L5 with residuals, she would have an impairment of 8% of the whole person. This degenerative disc disease was an asymptomatic pre-existing condition brought into disabling reality by her work related injury." None of the other medical experts assigned any permanent impairment. 2
Henry County Workers Compensation Panel 02/10/97
Alma J. Milam v. Mci Telecommunications Corp., et al
02S01-9604-CH-00040
This case is before the Court upon the entire record, including the order of referral to the Special Workers' Compensation Appeals Panel, and the Panel's Memorandum Opinion setting forth its findings of fact and conclusions of law, which are incorporated herein by reference.
Shelby County Workers Compensation Panel 02/10/97