-
TBALink Opinion-Flash
May 3, 1996 -- Volume #2 -- Number #43
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 TCCAThere are three ways to get the full opinion from the Web: (TBALink members only)
- Do a key word search in the Search Link area of TBALink.This option will allow you to view and save a
plain text version of the opinion.
- *NEW* Browse the Opinion List area of TBALink. This option will allow you to download the original
WP 6.0 document. version of the opinion.
- Click the URL Link at end of each Opinion paragraph below. This option will allow you to download the original WP 6.0 document.
Jim Moore
TBALink Co-Chief Editor
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
Feel free to forward this Opinion-Flash on to any attorney you know of with an internet address, who is not a TBALink member. To Join TBALink - Http://www.tba.org/join.html/
Would you like to receive the TBALink Opinion-Flash each day via e-mail?
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type: SUBSCRIBE
3) Leave the body of the message blank
Non TBA members are WELCOME to subscribe...it's free!!
Would you like to STOP receiving the TBALink Opinion-Flash?
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type: UNSUBSCRIBE
3) Leave the body of the message blank
- Do a key word search in the Search Link area of TBALink.This option will allow you to view and save a
plain text version of the opinion.
Return to the TBALink Home Page