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Editorial


Front Page - Friday, April 19, 2013

Tennessee Appellate Court Opinions




In Re: Taliah L.B.

Appeal from the Circuit Court for Hamilton County

Case Number: E2012-02102-COA-R3-PT

Authoring Judge: Judge John W. McClarty

Originating Judge: Judge Jacqueline Schulten Bolton

Date Filed: Tuesday, April 2, 2013

This is a termination of parental rights case in which Custodial Parents sought termination of Mother’s parental rights to the Child. The trial court granted the termination petition, finding that Mother willfully failed to support and visit the Child and that termination was in the best interest of the Child. Mother appeals. We affirm the decision of the trial court.

State of Tennessee v. Quinzell Grasty.

Appeal from the Criminal Court for Hamilton County

Case Number: E2012-00141-CCA-R3-CD

Authoring Judge: Judge Roger A. Page

Originating Judge: Judge Don W. Poole

Date Filed: Wednesday, April 10, 2013

A Hamilton County jury convicted appellant, Quinzell Grasty, of felony murder, second degree murder, attempted especially aggravated robbery, and aggravated burglary. The trial court merged the second degree murder conviction into the felony murder conviction and sentenced appellant to serve a life sentence for felony murder. The trial court also sentenced appellant to serve eight years for attempted especially aggravated robbery and three years for aggravated burglary, to be served concurrently in the Tennessee Department of Correction. On appeal, appellant argues that the trial court erred by denying his motion to suppress his statements to police, by admitting photographs of the victim and a recording of the 9-1-1 call, by failing to redact references to appellant’s gang affiliation from his statement, and by admitting demonstrative evidence in the form of a shotgun purported to be similar to the weapon used in the murder. Discerning no error, we affirm the judgments of the trial court.

Eric Grier v. Alstom Power, Inc.

Appeal from the Chancery Court for Hamilton County

Case Number: E2012-01394-WC-R3-WC

Authoring Judge: Justice Sharon G. Lee

Originating Judge: Chancellor W. Frank Brown, III

Date Filed: Wednesday, April 10, 2013

This appeal arises from a dispute over post-settlement medical care. The employee alleged that he developed asthma as a result of exposure to welding fumes in the workplace. The employee and employer settled the workers’ compensation claim. The trial court’s order approving the parties’ settlement provided that the employer would pay employee permanent partial disability benefits and provide future medical care “for the work related injury described” in the order. The trial court also designated Dr. Robert Younger III as the treating physician. Following the settlement, a dispute arose between the parties regarding payment for Dr. Younger’s treatment. The employer refused to pay for continuing treatment for the employee’s asthma because he was no longer exposed to welding fumes. The employee sought to require the employer to pay for the medical treatment Dr. Younger provided. After reviewing the medical proof submitted by the parties, the trial court ordered the employer to pay for Dr. Younger’s recommended treatment. The employer has appealed. The appeal has been referred to the Special Workers’ Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law in accordance with Tennessee Supreme Court Rule 51. We affirm the judgment of the trial court.