Opinions

William H. Horton vs. State
01C01-9704-CR-00132
Trial Court Judge: Seth W. Norman

Tommy Lee Kelley vs. State
01C01-9811-CR-00452

State vs. Delbert G. Mosher
01C01-9807-CC-00320
Trial Court Judge: Buddy D. Perry

Frank Barnard vs. State
01C01-9807-CR-00296
Trial Court Judge: Steve R. Dozier

State vs. Harold Woodroof
01C01-9809-CR-00361
Trial Court Judge: J. Randall Wyatt, Jr.

State vs. Donald K. Moore, Jr.
01C01-9809-CR-00362
Trial Court Judge: Thomas T. Woodall

State vs. Kenneth Johnson
01C01-9809-CR-00372
Trial Court Judge: Thomas T. Woodall

State vs. Guy William Rush
03C01-9805-CR-00193
Trial Court Judge: R. Jerry Beck

State vs. Joseph White
W2001-01775-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: W. Fred Axley
The Appellant, Joseph White, was convicted by a Shelby County jury of rape and was sentenced to eight years in the Tennessee Department of Correction. On appeal, he argues that the evidence presented at trial was insufficient to support his conviction. After review, we find no error and affirm the judgment of conviction.

Susan Hoefler vs. Paul Hoefler
M1998-00966-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Muriel Robinson
This appeal involves a dispute over a provision in a marital dissolution agreement in which the parties agreed to enroll their children in parochial school. The non-custodial parent declined to pay for the parties' younger child's private school expenses after the custodial parent unilaterally withdrew the child from parochial school and enrolled him in another private school. When the non-custodial parent filed a petition in the Circuit Court for Davidson County to terminate his child support because his younger child had reached the age of majority, the custodial parent insisted that he should reimburse her for nearly $23,800 in expenses she had incurred to send the child to private school. The trial court, relying on the terms of the marital dissolution agreement, declined to order the non-custodial parent to reimburse the custodial parent for these expenses. On this appeal, the custodial parent asserts that the non-custodial parent waived his opportunity to object to her choice of schools for the parties' son and should be estopped to deny his responsibility for these educational expenses. She also requests this court to grant a retroactive upward deviation from the child support the non-custodial spouse had been paying. We affirm the trial court.

William Horton v. Dept. of Correction
M1999-02798-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Carol L. Mccoy

Marie Hawks v. Michael Greene, Comm. Dept of Safety
M1999-02785-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: Ellen Hobbs Lyle

Marie Hawks v. Michael Greene, Comm. Dept of Safety
M1999-02785-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: Ellen Hobbs Lyle

Charles Young v. Donal Campbell, Et Al.
M1999-02788-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Carol L. Mccoy
This appeal involves a dispute between a prisoner and the Tennessee Department of Correction regarding the calculation of his sentence expiration date. After the Department declined to give him credit for the time he had been on probation for a prior arson sentence, the prisoner filed suit against the Commissioner of Correction in the Chancery Court for Davidson County seeking 1,568 days of additional sentence credits. The trial court granted the Commissioner's motion for summary judgment after concluding that the Department's calculation of the prisoner's sentence was consistent with the sentencing court's orders and that it lacked jurisdiction to review the actions of the sentencing court. The prisoner has appealed. We have determined that the trial court properly dismissed the prisoner's petition for certiorari.

William Horton v. Dept. of Correction
M1999-02798-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Carol L. Mccoy

Waddell Gray v. United Parcel Services, Inc., et al
02S01-9808-CV-00081
Authoring Judge: John K. Byers, Senior Judge
Trial Court Judge: Hon. Kay S. Robilio,
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. _ 5-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. Review of the findings of fact made by the trial court is de novo upon the record of the trial court, accompanied by a presumption of the correctness of the findings, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. _ 5-6-225(e)(2); Stone v. City of McMinnville, 896 S.W.2d 548, 55 (Tenn. 1995). The application of this standard requires this Court to weigh in more depth the factual findings and conclusions of the trial court in a workers' compensation case. See Corcoran v. Foster Auto GMC, Inc., 746 S.W.2d 452, 456 (Tenn. 1988). The trial court found that the plaintiff sustained compensable injuries in July 1996 and was entitled to vocational disability awards of 2 percent to the body as a whole and 1 percent to each arm. The defendants present the following issue on appeal: "Did the trial court err in awarding the Plaintiff 2% impairment to the body as a whole and a 1% impairment to the right arm and 1% impairment to the left arm?" We modify the case and fix the permanent vocational disability based on the total injuries to the body as a whole in accordance with Tenn. Code Ann. _ 5- 6- 27(3)(C) at 3%. BACKGROUND At the time of trial, the plaintiff was 53 years of age and had been employed by UPS as a feeder driver for the past 29 years. Prior to that, he worked at Owens Illinois, a corrugated box company. He attended college for three years and served in the U.S. Marine Corps for six years. Prior to the injury in this case, he was in good health and had no pain that prevented him from performing any activities. As a feeder driver, the plaintiff was required to drive and deliver packages to various destinations. His job specifically involved coupling and uncoupling trailers. He explained that he would connect or disconnect trailers by using a dolly that weighed between 15-17 pounds. Mr. Carl McVay, the plaintiff's manager, 2

Sinclair vs. State of TN
01A01-9901-BC-00018

State vs. Schmitz
01A01-9810-JV-00556
Trial Court Judge: Alfred L. Nations

0A01-9901-CH-00030
0A01-9901-CH-00030
Trial Court Judge: Carol L. Mccoy

Daniel L. Sanders vs. State
01C01-9712-CC-00586

State vs. James E. Frazier
01C01-9801-CC-00036
Trial Court Judge: J. S. Daniel

Richard Waline vs. State
01C01-9805-CR-00199
Trial Court Judge: Seth W. Norman

State vs. Jason Kennedy Frazier
01C01-9812-CC-00484

01C01-9808-CR-00322
01C01-9808-CR-00322
Trial Court Judge: Steve R. Dozier

Alvin L. Smith, Jr. vs. State
01C01-9808-CC-00343
Trial Court Judge: W. Charles Lee