Opinions

State vs. Noland P. O'Boyle
M1999-01070-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Jane W. Wheatcraft

State vs. Don Allen Coleman
E1999-02093-CCA-R3-PC
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Ray L. Jenkins

State of Tennessee v. Larry Allen Hicks
E199-00957-CCA-R3-CD
Trial Court Judge: Douglas A. Meyer

State vs. Robin Dodson
E1999-00387-CCA-R3-CD
Authoring Judge: Judge Jerry Smith
Trial Court Judge: J. Curtis Smith

State vs. Marcel McCroy
W1999-00872-CCA-R3-CD
Authoring Judge: Judge Gary R Wade
Trial Court Judge: Chris B. Craft

State vs. David Orr
W1998-00010-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: John Franklin Murchison

State vs. Antonio Briggs
W1999-00280-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: W. Fred Axley

State vs. Andre Jackson
W1999-00234-CCA-R3-CD
Trial Court Judge: R. Lee Moore Jr.

E1999-00957-CCA-R3-CD
E1999-00957-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Douglas A. Meyer

State, ex rel vs. Xantus
M2000-00120-COA-R10-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Carol L. Mccoy

State, ex rel vs. Xantus
M2000-00120-COA-R10-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Carol L. Mccoy

Harris vs. Hensley
M1999-00654-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Robert L. Jones

Dougals Blair vs. Tracey M. Norris, et al
E1999-00836-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: Sharon J. Bell

State vs. William Douglas Ellis
M1999-783-CCA-R3-CD
Trial Court Judge: Jane W. Wheatcraft
The appellant, William Donald Ellis, was convicted by a Sumner County jury of one count of rape of a child, two counts of aggravated sexual battery, and two counts of assault. The trial court imposed a sentence of twenty-five (25) years incarceration in the Tennessee Department of Correction for the offense of rape of a child, ten (10) years incarceration in the Department for each count of aggravated sexual battery, and six (6) months incarceration in the Sumner County Jail for each count of assault. The trial court ordered that the appellant serve his sentences for rape of a child and aggravated sexual battery consecutively to each other and concurrently with his sentences for assault, resulting in an effective sentence of forty-five (45) years incarceration. On appeal, the appellant presents the following issues for our review: (1) whether the trial court erred in denying his motion to suppress evidence obtained by police as a result of the warrantless search of his home; (2) whether the trial court should have required the State to elect between Counts One and Six of the indictment; (3) whether the evidence adduced at trial supports the jury's findings of venue; and (4) whether the evidence adduced at trial supports the jury's verdict of guilt of rape of a child. Following a review of the record and the parties' briefs, we affirm in part and reverse and remand in part the judgments of the trial court.

State vs. Charles Eddie Hartman
M1998-00803-CCA-R3-DD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Robert W. Wedemeyer

Martin, et al vs. Coleman
E1998-00739-SC-R11-CV
Authoring Judge: Justice Janice M. Holder
Trial Court Judge: John A. Turnbull

Rebecca Cole-Turner vs. Christian Psy.
W1999-00707-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Floyd Peete, Jr.
This appeal involves a dispute over money Plaintiffs paid into a reserve fund while they were employed by Defendant Christian Psychological Center. Plaintiffs believed that the money they contributed to the fund would later be refunded. However, when Plaintiffs resigned from the Center and requested that the money be returned, the Center refused to return the money. The Chancery Court held that Plaintiffs might be entitled to a refund of a portion of monies that they had paid into the reserve fund if the funds were not used by Defendant for ordinary and necessary operating expenses. The Chancery Court then referred the case to a Special Master for a determination of how the funds were spent by the Center. The Special Master held that the Plaintiffs were not entitled to a refund, as the Defendant Center used the reserve funds for ordinary and necessary operating expenses. For the reasons stated hereafter, we affirm.

Purchased Parts vs. Royal Appl. Co.
W1999-01550-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: John R. Mccarroll, Jr.
This appeal involves a dispute over jurisdiction. The court below dismissed the case for lack of personal jurisdiction over the defendant, Royal Manufacturing Corporation. Appellant Purchased Parts Group, Inc. appeals from the trial court's decision.

Linda Gage vs. Riley Gage
W1999-01513-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: George R. Ellis
This is a divorce case. The wife filed for divorce approximately fourteen months after she moved out of the marital home. The husband filed an answer and counter-complaint for divorce. The trial court granted the divorce to the wife and awarded her half of the value of the husband's pension and alimony in futuro. Husband appeals. We affirm.

State vs. David Ryan Swanson
E1998-00041-CCA-R3-CD
Authoring Judge: Judge Gary R Wade
Trial Court Judge: Douglas A. Meyer

State vs. Michael Edwards
W1999-00591-CCA-R3-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Julian P. Guinn

State vs. Damion Carrick
w1998-00655-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: W. Fred Axley

State vs. Tracy Davidson
W1999-00080-CCA-R3-PC
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: W. Fred Axley

State vs. Willie Douglas
W1999-00282-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: W. Fred Axley

Globe Business Furniture, Inc. v. Edeltraub Ingrid Morris
M1999-00393-WC-R3-CV
Authoring Judge: Per Curiam
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel in accordance with Tenn. Code Ann. _5-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. The employer, Globe, initiated this action for a declaration of the extent of its liability, if any, to the employee, Morris, for an injury to her finger. The employee, Morris, filed a counterclaim seeking medical and disability benefits. After a trial on the merits, the trial judge found (1) that the injury did not arise out of and in the course of employment and (2) the claimant was not permanently disabled to any extent. The counterclaim was dismissed at the cost of Ms. Morris. By this appeal, the employee insists the trial judge erred in finding that the claimant's injury did not occur while she was performing a "special errand" for the employer and in refusing to award any disability benefits. As discussed herein, the panel finds that the injury is compensable and remands the case to the trial court for further proceedings. Tenn. Code Ann. _ 5-6-225(e) Appeal as of Right; Judgment of the Circuit Court reversed in part; and Remanded Loser, Sp. J., delivered the opinion of the panel, in which Drowota, J. and Gayden, Sp. J. joined. D. Stuart Caulkins, Stillman, Karr & Wise, Nashville, Tennessee, for the appellant, Edeltraub Ingrid Morris. Arthur E. McClellan, Gallatin, Tennessee, for the appellee, Globe Business Furniture of Tennessee, Inc. MEMORANDUM OPINION The facts are not disputed. The claimant came to the United States in 1988 from her home country of Germany. She graduated from high school in Germany and had three years of training in a hotel -2-