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.
This Issue (IN THIS ORDER) :
- New Opinons From TSC - New Opinons From TSC-Rules 03 New Opinons From TSC-Workers Comp Panel - New Opinons From TCA 11 New Opinons From TCCA
There are three ways to get the full opinion from the Web: (TBALink members only)
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STANLEY BAILEY, v. AMRE, INC., Court: TCA (Workers Comp Panel) For the Appellant: For the Appellee: Thomas K. McAlexander Linda J. Hamilton Mowles Hill, Boren, Drew J. Christopher Clem & Martindale, P.C. One Centre Square P.O. Box 3539 620 Market Street, Fifth Floor Jackson, TN 38303-0539 P.O. Box 2425 Knoxville, TN 37901 First Paragraph: This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. Judge: William H. Inman, Senior Judge URL:http://www.tba.org/tba_files/TSC_WCP/BAILEY.OPN.WP6 ROSS N. EVERETT, v WAL-MART STORES, INC., Court: TCA (Workers Comp Panel) For the Appellant: For the Appellees: James S. MacDonald Barry K. Maxwell Jenkins & Jenkins Wesley L. Hatmaker 2121 Plaza Tower 500 First American Center Knoxville, TN 37929-2121 P.O. Box 2047 Knoxville, TN 37901 First Paragraph: This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. Plaintiff, Ross N. Everett, has appealed from the action of the trial court in awarding 45% permanent partial disability benefits to his left leg. His primary contention is the Chancellor was in error by not finding his pre-existing arthritic condition was aggravated by the accident. Judge: Roger E. Thayer, Special Judge URL:http://www.tba.org/tba_files/TSC_WCP/EVERETT.OPN.WP6 CLIFFORD E. WELLS, v. JEFFERSON CITY ZINC, INC.and SUE ANN HEAD, Director, Tennessee Department of Labor, Division of Workers' Compensation, Court: TCA (Workers Comp Panel) For the Appellant: For the Appellee-- Second Injury Fund: A. Benjamin Strand, Jr. Charles W. Burson Rebecca D. Slone Attorney General Strand & Goddard & Reporter P.O. Box 219 Sandra E. Keith Dandridge, TN 37725 Assistant Attorney General 1510 Parkway Towers 404 James Robertson Pkwy. Nashville, TN 37243-0499 For the Appellee-- Clifford E. Wells: James M. Davis 214 N. Jackson St. Morristown, TN 37814 First Paragraph: This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The employer appeals the trial court's finding that the plaintiff is 100% permanently and totally disabled, its apportionment of 70% of the liability to the to the employer and 30% to the Second Injury Fund and its commutation of the award to a lump sum. Judge:John K. Byers, Senior Judge URL:http://www.tba.org/tba_files/TSC_WCP/WELLS.OPN.WP6 TYLER WAYNE BANES,v. STATE OF TENNESSEE, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: THOMAS T. WOODALL CHARLES W. BURSON P. O. Box 1075 Attorney General & Reporter Dickson, TN 37056-1075 (On Appeal) ELLEN H. POLLACK Asst. Attorney General GEORGE MORTON GOOGE 450 James Robertson Pkwy. Public Defender Nashville, TN 37243-0493 227 West Baltimore St. Jackson, TN 38301 JERRY WOODALL (At Trial and on Appeal) District Attorney General DONALD ALLEN Asst. District Attorney General P. O. Box 2825 Jackson, TN 38302 First Paragraph: On May 13, 1992, the petitioner was convicted of aggravated rape and aggravated sexual battery. He has now filed a petition for a writ of error coram nobis, requesting that his conviction for aggravated rape be set aside and that he be granted a new trial because of newly discovered evidence. After a hearing on March 30, 1995, the trial court denied the petition. Judge:JOHN H. PEAY, Judge URL:http://www.tba.org/tba_files/TCCA/BANESTW.OPN.WP6 STATE OF TENNESSEE, v. ANDRE S. BLAND, Court:TCCA Attorneys: N/A First Paragraph: O R D E R This matter is before the Court upon the state's petition for a rehearing of the Court's opinion in the above-captioned cause. In its petition, the state asserts, pursuant to T.R.A.P. 39(a)(4), that this Court's dicta in footnote 11 of its opinion addressed an issue relying "upon matters of fact or law upon which the parties have not been heard and that are open to reasonable dispute." Judge: PAUL G. SUMMERS, JUDGE URL:http://www.tba.org/tba_files/TCCA/BLANDAS.ORD.WP6 PAUL BOND, v. STATE OF TENNESSEE, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: Orvil L. Orr Charles W. Burson Attorney at Law Attorney General & Reporter 204 S. College Street P.O. Box 351 Eugene J. Honea Trenton, TN 38382 Assistant Attorney General Criminal Justice Division 450 James Robertson Parkway Nashville, TN 37243-0493 Clayburn L. Peeples District Attorney General Ted Neumann Asst. Dist. Attorney General 109 E. First Street Trenton, TN 38382 First Paragraph: The appellant, Paul Bond, was indicted for first degree murder. He entered a negotiated plea to second degree murder. Pursuant to his plea agreement, he was sentenced to thirty-six (36) years confinement. He filed for post-conviction relief alleging that his plea was involuntary, that he received ineffective assistance of counsel, and that his sentence was excessive. The trial court conducted an evidentiary hearing and denied relief. Appellant appeals. We affirm. Judge: PAUL G. SUMMERS, JUDGE URL:http://www.tba.org/tba_files/TCCA/BONDP.OPN.WP6 STATE OF TENNESSEE, v. KEITH L. BROWN, Court:TCCA For Appellant: For Appellee: James V. Ball Charles W. Burson Attorney Attorney General & Reporter 217 Exchange Avenue Memphis, TN 38105 Robin L. Harris Assistant Attorney General Criminal Justice Division 450 James Robertson Parkway Nashville, TN 37243-0493 Walt Freeman Assistant Attorney General 302 Market Street Somerville, TN 38068 First Paragraph: The defendant, Keith L. Brown, was convicted for evading arrest and possession of more than .5 grams of cocaine with intent to deliver. The trial court imposed a sentence of ll months and 29 days for the misdemeanor conviction and a consecutive sentence of nine years for the drug conviction. The single issue presented for review is whether the evidence was sufficient to convict. We affirm the judgment of the trial court. Judge: Gary R. Wade, Judge URL:http://www.tba.org/tba_files/TCCA/BROWNKL.OPN.WP6 STATE OF TENNESSEE, v. AMES BRUGGEMAN, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: Bill R. Barron and Charles W. Burson J. Mark Johnson Attorney General/Reporter Contract Appellant Defenders 450 James Robertson Parkway 124 East Court Square Nashville, Tennessee 37243 Trenton, Tennessee 38382 Charlotte H. Rappuhn George Morton Googe Asst Atty. Gen. & Reporter District Public Defender 450 James Robertson Parkway 227 West Baltimore Street Nashville, Tennessee 37243 Jackson, Tennessee 38301 Don Allen Asst District AG P.O. Box 2825 Jackson, Tennessee 38301 First Paragraph: This is an appeal as of right by the appellant, James Bruggeman, following a jury verdict finding him guilty of theft and criminal impersonation. The appellant argues that: (1) The evidence was insufficient to support a verdict of guilty. (2) The trial court erred in allowing the State to present demonstrative evidence without establishing a proper chain of custody. (3) The trial court failed to sentence the appellant in a timely manner in accordance with Tennessee Code Annotated section 40-35-209. (4) The trial court gave the appellant an excessive sentence after determining that there were no significant enhancing or mitigating factors. Judge: MARY BETH LEIBOWITZ, SPECIAL JUDGE URL:http://www.tba.org/tba_files/TCCA/BRUGGEMN.OPN.WP6 JOHNNIE BUFORD, JR., v. STATE OF TENNESSEE, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: Joseph M. Ozment Charles W. Burson Attorney at Law Attorney General & Reporter 100 N. Main, Suite 3010 Memphis, TN 38103 Ruth A. Thompson Counsel for the State Criminal Justice Division 450 James Robertson Parkway Nashville, TN 37243-0493 John W. Pierotti District Attorney General Jennifer Nichols Asst. Dist. Attorney General 201 Poplar Avenue - 3rd Floor Memphis, TN 38103 First Paragraph: The appellant, Johnnie Buford, Jr., pled guilty to rape on June 12, 1961. He was sentenced to life. He filed for post-conviction relief in 1993 alleging that he received ineffective assistance of counsel and that his plea was unknowingly and involuntarily entered. The trial court dismissed his petition as untimely. We affirm the trial court's judgment. Judge:PAUL G. SUMMERS, Judge URL:http://www.tba.org/tba_files/TCCA/BUFORDJ.OPN.WP6 WILLIAM D. CARROLL, v. FRED RANEY, WARDEN, Court:TCCA For Appellee: For Appellant: Julie K. Pillow Charles W. Burson Assistant Public Defender Attorney General & Reporter P.O. Box 700 Somerville, TN 38068 Ellen H. Pollack Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243-0485 Amy L. Tarkington Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243-0493 First Paragraph: The State of Tennessee appeals from a judgment granting the petitioner, William D. Carroll, habeas corpus relief on the basis that his sentence had been fully served. Earlier this court had remanded the cause for an evidentiary hearing. See Carroll v. Raney, 868 S.W.2d 721 (Tenn. Crim. App. 1993). The single issue presented for review is whether the trial court erred by determining that the petitioners commuted sentence had expired prior to being revoked by act of the governor. We reverse the judgment of the trial court and dismiss the petition. Judge:Gary R. Wade, Judge URL:http://www.tba.org/tba_files/TCCA/CARROLLW.OPN.WP6 STATE OF TENNESSEE,v. PAUL E. CEBULA, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: MACK GARNER CHARLES W. BURSON Public Defender Attorney General & Reporter NATALEE STAATS HURLEY ELIZABETH T. RYAN Asst. Public Defender Asst. Attorney General 318 Court St. 450 James Robertson Pkwy. Maryville, TN 37801 Nashville, TN 37243-0493 MIKE FLYNN District Attorney General CHARLES CARPENTER Asst. District Attorney General 363 Court St. Maryville, TN 37804 First Paragraph: The defendant was charged with driving under the influence of an intoxicant (DUI) on May 25, 1994. The defendant waived indictment and jury trial and pled not guilty. The General Sessions Court found the defendant guilty, and he appealed to the Circuit Court of Blount County, demanding a jury trial. The defendant was subsequently convicted by a jury of DUI. The trial court sentenced the defendant to eleven months, twenty-nine days, all suspended but ten days, plus a one thousand dollar ($1,000) fine imposed by the jury. Judge:JOHN H. PEAY, Judge URL:http://www.tba.org/tba_files/TCCA/CEBULA.OPN.WP6 STATE OF TENNESSEE, v. ROGER GRISSOM, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: GEORGE MORTON GOOGE CHARLES W. BURSON District Public Defender Attorney General and Reporter DANIEL J. TAYLOR ELLEN H. POLLACK Assistant Public Defender Assistant Attorney General 26th Judicial District 450 James Robertson Parkway 227 West Baltimore Street Nashville, TN 37243-0485 Jackson, TN 38301 JERRY WOODALL District Attorney General DONALD H. ALLEN Asst District Attorney General 225 Martin Luther King Drive Jackson, TN 38301 First Paragraph: The Defendant appeals his conviction pursuant to Rule 3 of the Tennessee Rules of Appellate Procedure. He was indicted for two counts of rape of a child and two counts of aggravated sexual battery. He was convicted of two counts of aggravated sexual battery after a jury trial. The trial court sentenced him to two concurrent twelve-year sentences to be served as a Range I standard offender. Judge: DAVID H. WELLES, JUDGE URL:http://www.tba.org/tba_files/TCCA/GRISSOMR.OPN.WP6 STATE OF TENNESSEE, v. LUCIUS MACINEO MOSS, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: PHILIP L. DUVAL CHARLES W. BURSON Market Court, Suite 204 Attorney General & Reporter 537 Market St. Chattanooga, TN 37402 DARIAN B. TAYLOR Asst. Attorney General 450 James Robertson Pkwy. Nashville, TN 37243-0493 GARY D. GERBITZ District Attorney General RODNEY C. STRONG Asst. District AG 600 Market St., Suite 300 Chattanooga, TN 37402 First Paragraph: The defendant was indicted separately for reckless endangerment, aggravated robbery, and first-degree murder. The defendant was sixteen years old at the time of the offenses, and after a hearing in juvenile court, was transferred to criminal court. After a single jury trial of all three offenses, the defendant was convicted of reckless endangerment, aggravated robbery, and second-degree murder. In this appeal as of right, the defendant raises four issues: 1. The trial court erred when it denied the defendants motion to sever the offenses; 2. The trial court erred in its response to questions by the jury during deliberations seeking clarification of its instructions; 3. The trial court erred when it refused to consider juror affidavits filed in support of the defendants motion for new trial; and 4. The evidence is insufficient to support the verdicts and/or the weight of the evidence preponderates against the verdicts of guilt. Judge: JOHN H. PEAY, Judge URL:http://www.tba.org/tba_files/TCCA/MOSSLM.OPN.WP6
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