Tennessee Supreme Court Decisions 2011

Smith v. State  
Date: December 19, 2011
Docket Number: E2007-00719-SC-R11-PD

Justia Opinion Summary: Petitioner filed petitions for post-conviction relief challenging his 1985 conviction and life sentence for the first degree felony murder of John Pierce, his 1989 conviction for the first degree felony murder of Novella...

Brundage v. Cumberland County  
Date: December 19, 2011
Docket Number: E2010-00089-SC-R11-CV

Justia Opinion Summary: At issue in this appeal was the proper procedure for obtaining judicial review of a local legislative body's land use decision under the "Jackson Law," Tenn. Code Ann. 68-211-701 to -707. The opponents of a coal ash land...

Lind v. Beaman Dodge, Inc.  
Date: December 15, 2011
Docket Number: M2010-01680-SC-S09-CV

Justia Opinion Summary: Plaintiff, who had purchased a truck from an automobile dealership, filed a products liability suit in 2007 against the manufacturer and the dealership, as Seller. Later, Plaintiff entered a voluntary nonsuit as to Selle...

Michael Lind v. Beaman Dodge, Inc., d/b/a Beaman Dodge Chrysler Jeep, et al. (Concurring)
Date: December 15, 2011
Docket Number: M2010-01680-SC-S09-CV
State v. McNack  
Date: December 13, 2011
Docket Number: W2010-00471-SC-R11-CD

Justia Opinion Summary: Defendant pled guilty to theft, and the trial court imposed a three-year sentence in the community corrections program. Defendant violated a condition of his release shortly after September 30, 2003, and the trial court...

Holder v. Westgate Resorts Ltd.  
Date: December 12, 2011
Docket Number: E2009-01312-SC-R11-CV

Justia Opinion Summary: During a trial of Plaintiffs' premises liability claim, the trial court excluded as hearsay a portion of the testimony of Defendant's expert. The expert would have testified that he consulted an authoritative source whos...

Ray Bell Constr. Co. v. State  
Date: December 12, 2011
Docket Number: E2009-01803-SC-R11-CV

Justia Opinion Summary: A construction company (Contractor) entered into a contract with the State to restructure an interstate interchange. The contract contained an incentive clause stating that no incentive payment would be made if work was...

84 Lumber Co. v. Smith  
Date: December 12, 2011
Docket Number: E2010-00292-SC-R11-CV

Justia Opinion Summary: The president of a company signed a commercial credit application, which contained language immediately above the signature line stating that the individual signing the contract personally guaranteed amounts owed to the...

Keough v. State  
Date: December 9, 2011
Docket Number: W2008-01916-SC-R11-PD

Justia Opinion Summary: A jury convicted Petitioner of premeditated first degree murder and attempted first degree murder and imposed a sentence of death. Petitioner subsequently filed a pro se petition for post-conviction relief, alleging inef...

Dorothy King, et al v. Virginia Betts, et al (Concurring)
Date: November 18, 2011
Docket Number: M2009-00117-SC-R11-CV
Dorothy King, et al v. Virginia Betts, et al
Date: November 18, 2011
Docket Number: M2009-00117-SC-R11-CV
Ceildeck Corp. v. Ivey  
Date: November 15, 2011
Docket Number: M2011-00096-WC-R3-WC

Justia Opinion Summary: Employee was allegedly injured during the course and scope of his employment. Employee and Employer unsuccessfully attempted to settle Employee's worker's compensation claim at a Benefit Review Conference (BRC) held on O...

Felts v. State  
Date: November 10, 2011
Docket Number: M2009-00639-SC-R11-PC

Justia Opinion Summary: Petitioner Henry Felts was convicted of aggravated burglary and attempted murder. Petitioner filed a petition for post-conviction relief, alleging ineffective assistance of counsel. The post-conviction court vacated Peti...

Mark D. Talley v. Board of Professional Responsibility (Concurring)
Date: October 26, 2011
Docket Number: W2010-02072-SC-R3-BP
Mark D. Talley v. Board of Professional Responsibility
Date: October 26, 2011
Docket Number: W2010-02072-SC-R3-BP
Fed. Ins. Co. v. Winters  
Date: October 25, 2011
Docket Number: E2009-02065-SC-R11-CV

Justia Opinion Summary: Defendant contractor entered into a contract to replace a roof. When the newly installed roof developed leaks, Defendant hired an independent contractor to make repairs. While performing the work, the independent contrac...

Majors v. Randstad Inhouse Servs., L.P.  
Date: October 19, 2011
Docket Number: M2010-01975-SC-WCM-WC

Justia Opinion Summary: In this workers' compensation case, Employee was operating a torque gun, which jerked and twisted her right hand while at work. Employee contended that her injury extended into her arm. Employer agreed the injury was com...

State v. Davis  
Date: October 17, 2011
Docket Number: M2008-01216-SC-R11-CD

Justia Opinion Summary: Defendant Christopher Davis was convicted of aggravated robbery, carjacking, attempt to commit especially aggravated kidnapping, and attempt to commit first degree murder. The court of criminal appeals affirmed the convi...

Scott M. Craig v. David Mills, Warden - NOT FOR PUBLICATION
Date: October 14, 2011
Docket Number: E2009-00487-SC-R11-HC
Scott M. Craig v. David Mills, Warden - NOT FOR PUBLICATION
Date: October 14, 2011
Docket Number: E2010-00487-SC-R11-HC
State v. Turner  
Date: October 12, 2011
Docket Number: W2007-00891-SC-R11-CD

Justia Opinion Summary: Defendant was indicted for a murder that occurred nearly ten years prior to his arrest. Defendant's theory of the case implicated two other men, who had previously been tried and acquitted of the murder, as the individua...

Rich v. Tenn. Bd. of Med. Exam'rs  
Date: October 10, 2011
Docket Number: M2009-00813-SC-R11-CD

Justia Opinion Summary: The Tennessee Board of Medical Examiners suspended Dr. Joseph Rich's medical license for one year and imposed other conditions after finding that, among other things, the physician had violated Tenn. Code Ann. 63-6-214(b...

Joseph Edward Rich, M.D. v. Tennessee Board of Medical Examiners (Dissenting)
Date: October 10, 2011
Docket Number: M2009-00813-SC-R11-CD
State v. Parker  
Date: September 23, 2011
Docket Number: E2008-02541-SC-R11-CD

Justia Opinion Summary: After a jury trial, Defendant Joshua Parker was convicted of second degree murder and attempted rape. The court of criminal appeals affirmed. The Supreme Court affirmed Defendant's conviction of attempt to commit rape bu...

Harman v. Univ. of Tenn  
Date: September 16, 2011
Docket Number: E2009-02139-SC-R11-CV

Justia Opinion Summary: Employee, hired as a university professor and department head, filed suit against Employer after Employee was removed as department head, alleging a violation of the Tennessee Public Protection Act (TPPA), commonly terme...

Dr. William P. Harman v. University of Tennessee (Dissenting)
Date: September 16, 2011
Docket Number: E2009-02139-SC-R11-CV
Gonsewski v. Gonsewski  
Date: September 16, 2011
Docket Number: M2009-00894-SC-R11-CV

Justia Opinion Summary: A trial court granted Wife's petition for divorce from Husband. The trial court divided the parties' real and personal property, declined to award spousal support of any type to either party, and denied a request made by...

Starr v. Hill  
Date: August 31, 2011
Docket Number: W2009-00524-SC-R11-CV

Justia Opinion Summary: A father and his sixteen-year-old son were sued after the son was involved in an accident while driving a vehicle owned, insured, and provided to him by his father. The basis for the suit against the father was the famil...

Mansell v. Bridgestone Firestone N. Am. Tire  
Date: August 25, 2011
Docket Number: M2010-02093-SC-R3-WC

Justia Opinion Summary: Employee suffered a work-related injury and sought benefits. The benefit review conference at the Department of Labor and Workforce Development (DOL) ended in an impasse after a dispute about the degree of Employee's med...

State v. Nagele  
Date: August 25, 2011
Docket Number: E2009-01313-SC-R11-CD

Justia Opinion Summary: Defendant pled guilty to attempted aggravated sexual battery and was sentenced to six years of enhanced probation. During the proceedings, the trial court did not warn Defendant that, upon the expiration of his sentence,...

Randall D. Kiser v. Ian J. Wolfe, et al. (Concurring/Dissenting)
Date: August 24, 2011
Docket Number: E2009-01529-SC-R11-CV
Kiser v. Wolfe  
Date: August 24, 2011
Docket Number: E2009-01529-SC-R11-CV

Justia Opinion Summary: Plaintiff was injured while driving his employer's tow truck. Plaintiff filed suit against the driver of the other car involved in the accident, and later sought to invoke his employer's uninsured motorist policy in an a...

State v. L.W.  
Date: August 17, 2011
Docket Number: M2009-00700-SC-R11-CD

Justia Opinion Summary: In two cases consolidated for oral argument, defendants entered guilty pleas to one count in their respective indictments in exchange for dismissal of other counts. In both cases, the trial court denied their subsequent...

State of Tennessee v. L.W.
Date: August 17, 2011
Docket Number: M2009-02132-SC-R11-CD
Howell v. Nissan N. Am., Inc.  
Date: August 11, 2011
Docket Number: M2009-02567-SC-WCM-WC

Justia Opinion Summary: While Alicia Howell worked on an assembly production line at Nissan North America, she was diagnosed with bilateral carpal tunnel syndrome. After surgery, Howell and Nissan settled Howell's workers' compensation claim fo...

Donna Faye Shipley, et al. v. Robin Williams (Concurring/Dissenting)
Date: August 11, 2011
Docket Number: M2007-01217-SC-R11-CV
Donna Faye Shipley, et al. v. Robin Williams (Concurring)
Date: August 11, 2011
Docket Number: M2007-01217-SC-R11-CV
Donna Faye Shipley, et al. v. Robin Williams - Concurring
Date: August 11, 2011
Docket Number: M2007-01217-SC-R11-CV
Donna Faye Shipley, et al. v. Robin Williams - Concurring/Dissenting
Date: August 11, 2011
Docket Number: M2007-01217-SC-R11-CV
Shipley v. Williams  
Date: August 11, 2011
Docket Number: M2007-01217-SC-R11-CV

Justia Opinion Summary: At issue in this case was the applicable standard that courts should use in determining whether a medical expert is qualified to testify as an expert witness in a medical malpractice case. Donna Shipley filed a medical m...

Cantrell v. Easterling  
Date: August 1, 2011
Docket Number: W2009-00985-SC-R11-HC

Justia Opinion Summary: Defendant was convicted of, inter alia, four counts of aggravated rape. The trial court sentenced Defendant to forty years on each of the aggravated rape convictions and structured service of the sentences to result in a...

David Cantrell v. Joe Easterling, Warden (Concurring)
Date: August 1, 2011
Docket Number: W2009-00985-SC-R11-HC
Lazar v. J.W. Aluminum  
Date: July 26, 2011
Docket Number: W2010-00659-SC-R3-WC

Justia Opinion Summary: Employee injured his shoulder while working for Employer. After Employee returned to work, he filed a claim for workers' compensation benefits. Employee and Employer settled Employee's claim. The settlement stated that t...

Webb v. Nashville Area Habitat for Humanity, Inc.  
Date: July 21, 2011
Docket Number: M2009-01552-SC-R11-CV

Justia Opinion Summary: After Pam Webb, who was employed by the Nashville Area Habitat for Humanity, was fired, Webb filed a complaint alleging retaliatory discharge. Habitat filed a motion to dismiss Webb's complaint for failure to state a cla...

Knox County ex rel. Environmental Termite & Pest Control, Inc. v. Arrow Exterminators, Inc.  
Date: July 20, 2011
Docket Number: E2007-02827-SC-R11-CV

Justia Opinion Summary: After a local vendor of termite control services discovered that two of its competitors had overbilled Knox County for services, the vendor presented a report of its findings to county officials. When the County delayed...

Morris v. Jackson Clinic Prof'l Assoc.  
Date: July 15, 2011
Docket Number: W2010-01475-SC-WCM-WC

Justia Opinion Summary: Employee injured her right shoulder in the course of her employment with Employer. Employee received medical treatment, during which time she continued to work for Employer. Employee filed a complaint in chancery court s...

Irons v. K & K Trucking, Inc.  
Date: July 14, 2011
Docket Number: M2010-01280-WC-R3-WC

Justia Opinion Summary: After Employee sustained an injury, he filed a worker's compensation action against Employer. The result was a court-approved workers' compensation settlement. Employee's authorized treating physician later recommended m...

Timmy Sykes et al. v. Chattanooga Housing Authority et al. (Concurring)
Date: June 24, 2011
Docket Number: E2008-00525-SC-R11-CV
Timmy Sykes et al. v. Chattanooga Housing Authority et al.
Date: June 24, 2011
Docket Number: E2008-00525-SC-R11-CV
Timmy Sykes et al. v. Chattanooga Housing Authority et al. - Concurring
Date: June 24, 2011
Docket Number: E2008-00525-SC-R11-CV
Sykes v. Chattanooga Housing Auth.  
Date: June 24, 2011
Docket Number: E2008-00525-SC-R11-CV

Justia Opinion Summary: Plaintiffs Timmy Sykes and Curtis Greene were employed as criminal investigators by the Chattanooga Housing Authority (CHA) when they expressed their concerns regarding illegal searches and seizures and racial profiling...

Crowley v. Thomas  
Date: June 17, 2011
Docket Number: M2009-01336-SC-R11-CV

Justia Opinion Summary: Plaintiff James Crowley obtained a judgment in the amount of $14,500 against defendant Wendy Thomas in the general sessions court. Thomas appealed to the circuit court. In the circuit court, Crowley amended his complaint...

Powers v. State  
Date: June 16, 2011
Docket Number: W2008-01346-SC-R11-PC

Justia Opinion Summary: In separate trials, petitioner Rudolph Powers was convicted of aggravated rape for an incident occurring in March 1980 and of aggravated rape and robbery by use of a deadly weapon for an incident occurring in May 1980. I...

Tennessee v. Sisk  
Date: June 15, 2011
Docket Number: E2009-00320-SC-R11-CD

Justia Opinion Summary: Defendant Gary Wade was convicted of aggravated burglary, theft of $10,000 or more but less than $60,000, and theft of $1,000 or more but less than $10,000. The trial court classified Wade as a career offender. On appeal...

City of Harriman v. Roane County Election Comm'n, et al.  
Date: June 9, 2011
Docket Number: E2008-02316-SC-R11-CV

Justia Opinion Summary: Two municipalities, Kingston and Harriman, sought to annex the same territory outside the urban growth boundaries for both municipalities set forth in the county's growth plan. Harriman attempted to annex the territory b...

Evelyn Nye v. Bayer Cropscience, Inc., et al. (Concurring/Dissenting)
Date: June 7, 2011
Docket Number: E2008-01596-SC-R11-CV
Evelyn Nye v. Bayer Cropscience, Inc., et al. - Concurring/Dissenting
Date: June 7, 2011
Docket Number: E2008-01596-SC-R11-CV
Nye v. Bayer Cropscience, Inc., et al.  
Date: June 7, 2011
Docket Number: E2008-01596-SC-R11-CV

Justia Opinion Summary: Evelyn Nye sought compensation for the death of her husband caused by exposure to asbestos at his workplace. The widow sued the company that sold products containing asbestos to her husband's employer, basing her claim o...

State v. Dominy  
Date: June 3, 2011
Docket Number: M1995-00001-SC-R11-CD

Justia Opinion Summary: Defendant Terry Dominy was charged with three counts of aggravated rape. At trial, defendant was found guilty of the charges. The defendant appealed, arguing that the aggravated rape convictions were invalid due to a sta...

State of Tennessee v. John R. Farner, Jr.
Date: June 3, 2011
Docket Number: E1999-00491-SC-R11-CD
State v. Shaw  
Date: June 1, 2011
Docket Number: W2010-00201-CCA-R3-CD

Justia Opinion Summary: Terrence Shaw was indicted by a grand jury for reckless endangerment with a deadly weapon. During the trial, Shaw denied having possession of a gun. The jury convicted Shaw of the lesser included offense of misdemeanor r...

Tennessee v. Johnson  
Date: May 26, 2011
Docket Number: W2008-01593-SC-R11-CD

Justia Opinion Summary: Defendant Cedric Johnson was charged with committing an aggravated robbery and was separately charged with initiating a false police report. Within one month of being indicted for initiating a false police report, Defend...

Hughes v. Metropolitan Government of Nashville  
Date: May 24, 2011
Docket Number: M2008-02060-SC-R11-CV

Justia Opinion Summary: In 2004, Plaintiffs Dalton and Sandra Hughes sued the city of Nashville and one of its employees under the Governmental Tort Liability Act (GTLA). Mr. Hughes worked for the local fire department. He alleged that Defendan...

Baugh v. Novak  
Date: May 20, 2011
Docket Number: M2008-02438-SC-R11-CV

Justia Opinion Summary: In 1992, Appellant Wendell Baugh, III acquired Precision Services, Inc. from Ronald and Gayla Miller. The Millers agreed to finance the transaction. Mr. Baugh and his wife personally guaranteed a note executed by the cor...

Jason Calvert v. State of Tennessee
Date: April 28, 2011
Docket Number: M2008-00426-SC-R11-PC
William B. Penn v. Board of Professional Responsibility
Date: April 25, 2011
Docket Number: W2010-01250-SC-R3-BP
Michael Angelo Coleman v. State of Tennessee
Date: April 11, 2011
Docket Number: W2007-02767-SC-R11-PD
State of Tennessee v. Teddy Ray Mitchell (Dissenting)
Date: March 31, 2011
Docket Number: E2008-02672-SC-R11-CD
State of Tennessee v. Teddy Ray Mitchell
Date: March 31, 2011
Docket Number: E2008-02672-SC-R11-CD
David Lee Wright ex rel. Kaitlyn Lee Wright v. Anita J. Wright et al.
Date: March 29, 2011
Docket Number: M2008-01181-SC-R11-CV
David Lee Wright ex rel. Kaitlyn Lee Wright v. Anita J. Wright et al.
Date: March 28, 2011
Docket Number: M2008-01181-SC-R11-CV
State of Tennessee v. Alecia Diane Cooper
Date: March 4, 2011
Docket Number: M2009-00848-SC-R11-CD
State of Tennessee v. Richard Odom
Date: March 3, 2011
Docket Number: W2008-02464-SC-DDT-DD
Thomas M. Gautreaux v. Internal Medicine Education Foundation, Inc.
Date: February 28, 2011
Docket Number: E2008-01473-SC-R11-CV
In Re: John Jay Hooker - Order
Date: February 25, 2011
Docket Number: M2009-01498-SC-OT-CV
Kristen Cox Morrison v. Paul Allen, et al. - Dissent
Date: February 16, 2011
Docket Number: M2007-01244-SC-R11-CV
Kristen Cox Morrison v. Paul Allen, et al. (Dissenting)
Date: February 16, 2011
Docket Number: M2007-01244-SC-R11-CV
Estate of Martha S. French v. Stratford House et al. (Dissenting)
Date: January 26, 2011
Docket Number: E2008-00539-SC-R11-CV
Estate of Martha S. French v. Stratford House et al.
Date: January 26, 2011
Docket Number: E2008-00539-SC-R11-CV
State of Tennessee v. Genaro Dorantes
Date: January 25, 2011
Docket Number: M2007-01918-SC-R11-CD
State of Tennessee v. Jeremy Garrett
Date: January 24, 2011
Docket Number: W2007-02700-SC-R11-CD
State of Tennessee v. Ungandua Andr Ingram
Date: January 17, 2011
Docket Number: M2008-02765-SC-R11-CD
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