Here is today's issue of TBALink Opinion-Flash. What follows is the document name, first paragraph and the names of the attorneys for the parties (If you know one of them you might want to give them a call, chances are they don't know about the opinion yet) of each electronic opinion/rules released TODAY from the three appellate courts.
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- 00-New Opinons From TSC-Rules
- 00-New Opinons From TSC-Workers Comp Panel
- 05-New Opinons From TCA
- 05-New Opinons From TCCA
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JOHN BROWN vs. COUNTY OF SHELBY Court:TCA Attorney for Plaintiff/Appellant: Attorney for Defendant/Appellee: Alan Bryant Chambers Carroll C. Johnson Jeff A. Crow, Jr. Memphis, Tennessee CHAMBERS, CROW, DURHAM & HOLTON, Memphis, Tennessee Judge: FARMER First Paragraph: This appeal concerns an action by the appellant, John Brown, to recover workers' compensation benefits from his employer, the appellee, County of Shelby (County), who has not elected to come within the provisions of the Workers' Compensation Law. Brown alleges that he sustained on-the-job injuries while employed by the County as a counselor at the Shelby County Jail. The record reflects that the County has implemented its own policy whereby it compensates its employees for on-the-job injuries and relies to some extent on the Workers' Compensation Act as a guide in determining benefits. AFFIRMED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/BROWNJ_OPN.WP6 JOHN H. FOURNIER vs. M.V. TICHENOR and BOWLING, BOWLING & ASSOCIATES Court:TCA Attorney for Plaintiff/Appellant: Attorney for Defendants/Appellees: John D. Horne James L. Kirby THE WINCHESTER LAW FIRM HARRIS, SHELTON, DUNLAP & COBB Memphis, Tennessee Memphis, Tennessee Judge: FARMER First Paragraph: Plaintiff-Appellant, John H. Fournier, appeals the order of the trial court entering summary judgment in favor of Defendants-Appellees, M.V. Tichenor and Bowling, Bowling & Associates, on Fournier's claims for negligent misrepresentation and breach of contract. AFFIRMED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/FOURNIER_OPN.WP6 SANDRA L. GARFINKEL vs. CHARLES LEONARD GARFINKEL Court:TCA For the Plaintiff/Appellee: For the Defendant/Appellant: Steven L. West Laura A. Keeton McKenzie, Tennessee Huntingdon, Tennessee Judge: LILLARD First Paragraph: This is a divorce case in which the trial court awarded custody of the parties' minor children to Plaintiff/Appellee, Sandra Garfinkel (Wife), with standard visitation to Defendant/Appellant, Charles Garfinkel (Husband). Husband was ordered to pay child support and rehabilitative alimony for a period of one year. AFFIRMED. URL:http://www.tba.org/tba_files/TCA/GARFINKE_OPN.WP6 RAINBO BAKING COMPANY OF LOUISVILLE, a Delaware Corporation vs. RELEASE COATINGS OF TENNESSEE, INC. Court:TCA Attorneys for Plaintiff: Attorney for Defendant: ROBERT L. CRAWFORD KAREN R. CICALA and JONATHAN LAKEY Memphis Wyatt, Tarrant & Combs, Memphis Judge: TOMLIN, Sr. First Paragraph: Rainbo Baking Company of Louisville ("Rainbo") filed suit in the Chancery Court of Shelby County against Release Coatings of Tennessee, Inc. ("Release") seeking compensatory damages from Release for damages allegedly sustained by Rainbo as a result of the improper straightening of a large quantity of baking pans used by it in its bakery business. MODIFIED AND AFFIRMED. URL:http://www.tba.org/tba_files/TCA/RAINBO_OPN.WP6 DEBBIE VANCLEAVE vs. MATTHEW MARKOWSKI AND DIANE MARKOWSKI Court:TCA Attorneys for Defendant/Appellee: Attorney for Plaintiff/Appellant: Russell E. Reviere James H. Bradberry Bradford D. Box Dresden, Tennessee Jackson, Tennessee Judge: LILLARD First Paragraph: The plaintiff/appellant in this cause, Debbie VanCleave ("VanCleave"), appeals the trial court's grant of summary judgment in favor of Defendants/Appellees, Matthew and Diane Markowski. On October 3, 1993, VanCleave was a guest at the Markowski house. Diane Markowski and VanCleave went into the Markowski's back yard to the deck area around the swimming pool. VanCleave filed a lawsuit against the Markowskis, alleging negligence and seeking compensatory damages. AFFIRMED. URL:http://www.tba.org/tba_files/TCA/VANCLEAV_OPN.WP6 STATE OF TENNESSEE vs. JAMES E. BRICE Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: KINDALL T. LAWSON CHARLES W. BURSON 205 Hwy. 66 South Attorney General & Reporter Suite 101 Rogersville, TN 37857 ELIZABETH T. RYAN Asst. Attorney General 450 James Robertson Pkwy. Nashville, TN 37243-0493 C. BERKELEY BELL District Attorney General DOUG GODBEE Asst. District Attorney General Hawkins County Courthouse Main Street Rogersville, TN 37857 Judge: PEAY First Paragraph: The defendant was indicted on September 11, 1995, for vehicular homicide, leaving the scene of an accident resulting in a death, and possession of drug paraphernalia. The third count was severed from the first two and was later dismissed by the State. We agree with the defendant and remand for resentencing. URL:http://www.tba.org/tba_files/TCCA/BRICEJE_OPN.WP6 STATE OF TENNESSEE vs. RONNIE MICHAEL CAUTHERN Court:TCCA For the Appellant: For the Appellee: Hugh Reid Poland, Jr. Charles W. Burson 408 Franklin Street Attorney General and Reporter Clarksville, TN 37040 450 James Robertson Pkwy. Nashville, TN 37243-0493 Robert T. Bateman John P. Cauley 221 South Third Street Assistant Attorney General Clarksville, TN 37040 450 James Robertson Pkwy. Nashville, TN 37243-0493 Clayburn Peeples District Attorney General 109 E. First Street Trenton, TN 38382 John Carney District Attorney General 204 Franklin Street, Suite 200 Clarksville, TN 37040 Steve Garrett Assistant District Attorney General 204 Franklin Street, Suite 200 Clarksville, TN 37040 Judge: WELLES First Paragraph: The original trial of this case took place in Montgomery County. Judge John H. Peay presided over the trial of the appellant and his co-defendant, Brett Patterson, which resulted in two convictions for felony murder, one conviction for first degree burglary, and one conviction for aggravated rape for each defendant. The jury sentenced the appellant to death. DEATH PENALTY AFFIRMED. URL:http://www.tba.org/tba_files/TCCA/CAUTHERN_OPN.WP6 STATE OF TENNESSEE vs. JERRY KEITH IVEY Court:TCCA For the Appellant: For the Appellee: Walter B. Johnson Charles W. Burson Post Office Box 2642 Attorney General and Reporter Knoxville, TN 37901 Hunt S. Brown Assistant Attorney General Criminal Justice Division 450 James Robertson Parkway Nashville, TN 37243-0493 Randall E. Nichols District Attorney General John Gill Asst. District Attorney General City-County Building Knoxville, TN 37902 Judge: HAYES First Paragraph: The appellant, Jerry Keith Ivey, pled guilty to one count of vehicular homicide, a class C felony, in the Criminal Court of Knox County. Following a sentencing hearing, the trial court imposed a sentence of five years in the Department of Correction. On appeal, the appellant contends that (1) the sentence imposed by the trial court is excessive and that (2) he should have received probation or another alternative to incarceration. AFFIRMED. URL:http://www.tba.org/tba_files/TCCA/IVEYJK_OPN.WP6 STATE OF TENNESSEE vs. JACKIE H. MARTIN Court:TCCA For the Appellant: For the Appellee: A. C. Wharton, Jr. Charles W. Burson District Public Defender Attorney General and Reporter Walker Gwinn Robin L. Harris Asst. Public Defender Assistant Attorney General 201 Poplar, Suite 2-01 Criminal Justice Division Memphis, TN 38103 450 James Robertson Parkway Nashville, TN 37243-0493 : John W. Pierotti District Attorney General Ms. Edgar A. Peterson, IV Asst. District Attorney General Criminal Justice Complex Third Floor, 201 Poplar Memphis, TN Judge: HAYES First Paragraph: The appellant, Jackie H. Martin, appeals the order entered by the Criminal Court of Shelby County denying his petition for discharge from involuntary commitment. On appeal, the appellant presents two issues for our review: (1) whether the evidence preponderates against the trial court's finding that the appellant is not eligible for mandatory outpatient treatment as an alternative to commitment; and (2) whether the trial judge should have recused himself from this case. REVERSED IN PART AND REMANDED. Judge: SUMMERS CONCURRING: The majority correctly concludes that the mere fact that the trial judge formerly prosecuted the appellant did not summarily disqualify him from hearing this case. A judge, however, shall avoid even the appearance of impropriety. URL:http://www.tba.org/tba_files/TCCA/MARTINJH_OPN.WP6 URL:http://www.tba.org/tba_files/TCCA/MARTINJH_CON.WP6
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