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.
- 7 New Opinons From TSC
- - New Opinons From TSC-Rules
- - New Opinons From TSC-Workers Comp Panel
- 1 New Opinons From TCA
- 2 New Opinons From TCCA
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STATE OF TENNESSEE, v. DAREL G. BOLIN, and DISSENTING OPINION Court:TSC For the Appellant: For the Appellee: Joe L. Finley, Jr. Charles W. Burson Assistant Public Defender Attorney General & Reporter Cookeville, Tennessee Michael E. Moore Solicitor General Gordon W. Smith Assistant Solicitor General Nashville, Tennessee William E. Gibson District Attorney General Cookeville, Tennessee David A. Patterson Asst District Attorney Gen. Cookeville, Tennessee First Paragraph: The defendant, Darel G. Bolin, appeals from the Court of Criminal Appeals' affirmance of his conviction for the aggravated sexual battery of a nine year old girl. This case presents two issues for our determination: (1) whether the admission at trial of a social worker's testimony, which consisted of a general statement that young victims of repeated sexual abuse have trouble remembering when the specific events of abuse occurred, constitutes reversible error; and (2) whether the verdict was an impermissible "patchwork" because the evidence did not support the jury's finding of aggravated sexual battery. For the reasons set forth below, we conclude that no reversible error occurred, and therefore, we affirm the judgment of the Court of Criminal Appeals. Judge: FRANK F. DROWOTA III - JUSTICE URL:http://www.tba.org/tba_files/TSC/BOLINDG.OPN.WP6 URL:http://www.tba.org/tba_files/TSC/BOLINDG.DIS.WP6 MICHAEL D. BRADSHAW,v. OLD REPUBLIC INSURANCE COMPANY, Court:TSC For Plaintiff/Appellant: For Defendant/Appellee: Donald R. Coffey Steven B. Johnson Knoxville, TN Knoxville, TN First Paragraph: In this cause, we must determine whether a Tennessee employee who pursued benefits in the foreign state in which the injury occurred is barred from pursuing benefits in Tennessee for the same injury. The trial court determined that the doctrine of election of remedies barred the claim. We agree with the trial courts ruling. Judge: ADOLPHO A. BIRCH, JR., Justice URL:http://www.tba.org/tba_files/TSC/BRADSHAW.OPN.WP6 KAREN HELTON, Surviving Widow of WILLIAM T. HELTON, v. KNOX COUNTY, TENNESSEE, Court:TSC For Appellant: For Appellee: John E. Owings, Chief Deputy Tricia I. Dennis Knox County Law Director Alley & Dennis Knoxville, TN 37902 Chattanooga, TN 37443 First Paragraph: William T. Helton was killed when the vehicle he was driving went off the Coward Mill Bridge in Knox County. His widow brought suit under the Tennessee Governmental Tort Liability Act (GTLA), on the theory that the county was liable for the death of her husband and damage to his automobile. She relied on Tenn. Code Ann. 29-20-203, which removes governmental immunity "for any injury caused by a defective, unsafe, or dangerous condition of any street, alley, sidewalk or highway, owned and controlled by such governmental entity." She alleged that the bridge was unsafe because there were no guardrails on it. After a bench trial, the court found that the physical aspects of the roadway approaching the bridge and the bridge itself were not "defective, unsafe, or dangerous" and dismissed the case. Judge: ADOLPHO A. BIRCH, JR., Justice URL:http://www.tba.org/tba_files/TSC/HELTONK.OP.WP6 STATE OF TENNESSEE v. DONALD C. MCCARY and DISSENTING OPINION Court:TSC For Appellant: For Appellee: Bruce H. Guthrie, II Charles w. Burson Chattanooga, TN Attorney General and Reporter Daniel G. Davis Amy L. Tarkington Beverly Hills, CA Assistant Attorney General Nashville, TN Stanley J. Lanzo Asst District Attorney General Chattanooga, TN First Paragraph: The appellant, Donald C. McCary, was convicted of thirteen sex offenses: two counts of aggravated sexual battery, three counts of rape, six counts of statutory rape, and two counts of sexual battery. The trial court imposed the maximum sentence for each offense and ordered each to be served consecutively--an effective sentence of seventy-two years. The Court of Criminal Appeals affirmed the trial court's judgments. At issue is whether the trial court correctly admitted into evidence testimony concerning uncharged and unindicted sexual offenses committed by McCary several years prior to the date of the alleged commission of the offenses on trial. Judge: ADOLPHO A. BIRCH, JR., Justice URL:http://www.tba.org/tba_files/TSC/MCCARY.OPN.WP6 URL:http://www.tba.org/tba_files/TSC/MCCARY.DIS.WP6 VALENCIA SPENCER, as Natural Parent and Legal Guardian of Natasha Spencer, a Minor, and TERESA PLUMMER, as Natural Parent and Legal Guardian of Cornay Cordale Plummer, a Minor, v. TOWNSON MOVING & STORAGE, INC. Court:TSC For Plaintiffs-Appellees: For Defendant Appellant: O. Michael Carter Charles W. Dooley Terry L. McGhehey Sean Antone Hunt Chattanooga, TN Chattanooga, TN First Paragraph: In this workers' compensation appeal, we consider the trial courts interpretation of the death benefit provisions of the Workers' Compensation Act in calculating benefits and determine whether the trial court erred in ordering a partial commutation of attorneys' fees. The standard of review by this Court in workers compensation cases is de novo upon the record, accompanied by a presumption of the correctness of the factual findings, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. 50-6-225(e)(Supp. 1995); Fink v. Caudle, 856 S.W.2d 952, 958 (Tenn. 1993). This case, however, involves questions of law. Thus, we are not bound by the preponderance of the evidence standard, and we review questions of law de novo without limitation. Ridings v. Ralph M. Parsons Co., 914 S.W.2d 79, 80 (Tenn. 1996); Union Carbide Corp. v. Huddleston, 854 S.W.2d 87, 91 (Tenn. 1993). Judge: ADOLPHO A. BIRCH, JR., Justice URL:http://www.tba.org/tba_files/TSC/SPENCERV.OPN.WP6 CARTER COUNTY BOARD OF EDUCATION v. CARTER COUNTY EDUCATION ASSOCIATION and CHELE DUGGER Court:TCA CHARLES HAMPTON WHITE, RICHARD L. COLBERT, and REBECCA WELLS DAMAREE, WITH CORNELIUS & COLLINS, OF NASHVILLE, TENNESSEE, FOR APPELLANTS. JOHN K. BANKS and THOMAS R. BANKS, WITH BANKS AND BANKS, OF ELIZABETHTON, TENNESSEE, FOR APPELLEE First Paragraph: The pivotal issue on this appeal is whether a county school board which has entered into a collective bargaining agreement with the teachers' union has the non-delegable right to employ the principal of a school, or is the action of the school board subject to binding arbitration at the behest of the union and a member seeking the position. We hold it is a non-delegable duty of the board not subject to binding arbitration, and affirm the trial court. Judge: Clifford E. Sanders, Sp.J. URL:http://www.tba.org/tba_files/TCA/CARTERED.OPN.WP6 STATE OF TENNESSEE, v. ROBERT BOSTON, Court:TCCA For the Appellant: For the Appellee: Leslie S. Hale Charles W. Burson Asst. Public Defender Attorney General / Reporter Post Office Box 839 Blountville, TN 37617 Elizabeth T. Ryan Assistant Attorney General Criminal Justice Division 450 James Robertson Parkway Nashville, TN 37243-0493 Frank A. Harvey District AG Pro Tem Kingston, TN 37763 First Paragraph: The appellant, Robert Boston, appeals the sentencing decision of the Sullivan County Criminal Court, contending that the trial court should have granted him full probation or an alternative sentence pursuant to the Tennessee Community Corrections Act of 1985. Judge: DAVID G. HAYES, Judge URL:http://www.tba.org/tba_files/TCCA/BOSTONRB.OPN.WP6 STATE OF TENNESSEE, v. JEFF BEASLEY, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: PHILLIP REED CHARLES W. BURSON 250 E. Broadway, # 106 Attorney General and Reporter Maryville, TN 37804 ELIZABETH T. RYAN Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243-0493 MIKE FLYNN District Attorney General PHILIP MORTON Asst District Attorney General 363 Court Street Maryville, TN 37804 First Paragraph: This is an appeal as of right pursuant to Rule 3 of the Tennessee Rules of Appellate Procedure. The Defendant entered pleas of guilty to thirteen counts of aggravated burglary, one count of attempted aggravated burglary, ten counts of theft of property valued at more than one thousand dollars, and three counts of theft of property valued at more than five hundred dollars. In exchange for his guilty pleas to these various felonies, the Defendant received an agreed effective sentence of eight years as a Range I standard offender. The manner of service of the sentences was left to the discretion of the trial judge. The trial court denied the Defendants request for a sentence alternative to incarceration and ordered the sentences served with the Department of Correction. The Defendant appeals from the refusal of the trial court to allow his sentence to be served either on probation or in the community corrections program. We affirm the judgment of the trial court. Judge: DAVID H. WELLES, JUDGE URL:http://www.tba.org/tba_files/TCCA/CARTERED.OPN.WP6
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