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TBALink Opinion-Flash
July 16, 1996 -- Volume #2 -- Number #62
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:
- 04-New Opinons From TSC
- 00-New Opinons From TSC-Rules
- 02-New Opinons From TSC-Workers Comp Panel
- 00-New Opinons From TCA
- 03-New Opinons From TCCA
- 04-New Opinons From TSC
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STATE OF TENNESSEE, ex rel. JOHN JAY HOOKER, v. BROOK THOMPSON, et al., STATE OF TENNESSEE, ex rel. LEWIS LASKA, v. BROOK THOMPSON, et al., STATE OF TENNESSEE, ex rel. LEWIS LASKA, v. BROOK THOMPSON, et al., Court:TSC ATTORNEYS : N/A First Paragraph: ------- ORDER At the oral argument in this matter on July 5, 1996, an amicus curiae brief was filed by John King, who purports to be the Tennessee Republican party's nominee for the Supreme Court vacancy at issue in these cases. Verbal permission was granted by the Court at the July 5 hearing for the filing of additional briefs no later than Monday, July 8, 1996. Yesterday, in accordance with the Court's deadline, Mr. King filed a supplemental amicus curiae brief in this matter, asserting that this Court had erred in denying him the equitable relief granted to Justice Penny White and Appellant Lewis Laska. Mr. King does not assert that it was inappropriate for this Court to fashion the equitable relief granted; he . . . simply asserts that, under the circumstances he is also entitled to an equitable remedy in the form of an extension of the qualifying deadline for nominees of a party to the same extent extended for Justice White and Mr. Laska. (Supplemental Amicus Curiae Brief of John K. King, page 5.) Judge: WILLIAM H. D. FONES, CHIEF JUSTICE URL:http://www.tba.org/tba_files/TSC/113427-1.WPD.WP6
STATE OF TENNESSEE, ex rel. JOHN JAY HOOKER,
v.
BROOK THOMPSON, et al.,
STATE OF TENNESSEE, ex rel. LEWIS LASKA,
v.
BROOK THOMPSON, et al.,
STATE OF TENNESSEE, ex rel. LEWIS LASKA,
v.
BROOK THOMPSON, et al.,
Court:TSC
ATTORNEYS : N/A
First Paragraph:
ORDER
The matters currently pending before this Court are a
Petition to Rehear filed by Appellant Hooker, Appellees'
Motion for Clarification and Appellees' Motion to Supplement
the Record filed by the Attorney General, Petition on behalf
of Holly K. Lillard and Jerry L. Smith to Intervene for the
Limited Purpose of Responding to Appellees' Motion for
Clarification, Petition for Rehearing and Motion to
Supplement the Record filed by appellant Laska, Appellees'
Petition to Rehear filed by the Attorney General and Motion
of Penny J. White to Intervene.
Judge: WILLIAM H. D. FONES, CHIEF JUSTICE
URL:http://www.tba.org/tba_files/TSC/113447-1.WPD.WP6
STATE OF TENNESSEE, ex rel. JOHN JAY HOOKER,
v.
BROOK THOMPSON, et al.,
STATE OF TENNESSEE, ex rel. LEWIS LASKA,
v.
BROOK THOMPSON, et al.,
STATE OF TENNESSEE, ex rel. LEWIS LASKA,
v.
BROOK THOMPSON, et al.,
Court:TSC
ATTORNEYS : N/A
First Paragraph:
ORDER
These cases are before the Court upon a Motion for Leave to
File an Amicus Curiae Brief filed by Victor S. Johnson, III,
District Attorney General for the Twentieth Judicial
District, and Appellant John Jay Hooker's Supplemental
Petition to Rehear.
Judge: WILLIAM H. D. FONES, CHIEF JUSTICE
URL:http://www.tba.org/tba_files/TSC/113552-1.WPD.WP6
STATE OF TENNESSEE, ex rel. JOHN JAY HOOKER,
v.
BROOK THOMPSON, et al.,
STATE OF TENNESSEE, ex rel. LEWIS LASKA,
v.
BROOK THOMPSON, et al.,
STATE OF TENNESSEE, ex rel. LEWIS LASKA,
v.
BROOK THOMPSON, et al.,
Court:TSC
ATTORNEYS : N/A
First Paragraph:
ORDER
These cases were heard before the Special Supreme Court on
an expedited basis on July 5, 1996. Due to the fact that
our decision in these consolidated cases will affect the
election which is set for August 1, 1996, the Court is
issuing this Order today, with a more detailed Opinion to
follow.
Judge: WILLIAM H. D. FONES, CHIEF JUSTICE
URL:http://www.tba.org/tba_files/TSC/HOOKER.OPN.WP6
CECELIA TEAGUE v. TECUMSEH PRODUCTS COMPANY
Court: TSC (Workers Comp Panel)
FOR THE APPELLANT: FOR THE APPELLEE:
David F. Hessing Gayden Drew, IV
117 East Wood Street 1269 North Highland Ave.
Paris, TN 38242 P. O. Box 3539
Jackson, TN 38303
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. Employer appeals from an
award by the trial court of thirty percent (30%) permanent
partial disability to both upper extremities of employee.
Judge: JOE H. WALKER, III Judge
URL:http://www.tba.org/tba_files/TSC_WCP/TEAGUE.OPN.WP6
URL:http://www.tba.org/tba_files/TSC_WCP/TEAGUE.JDG.WP6
ERIC LaVAUGHN ANDERSON,v. STATE OF TENNESSEE,
Court:TCCA
For the Appellant: For the Appellee
Leigh Anne Battersby Charles W. Burson
Witt, Gaither & Whitaker Attorney General & Reporter
1100 SunTrust Bank Building 450 James Robertson Parkway
Chattanooga, TN 37402 Nashville, TN 37243-0493
Michael J. Fahey, II
Asst. Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
William H. Cox, III
District Attorney General
Leland Davis
Asst. District AG
600 Market Street, Suite 300
Chattanooga, TN 37402
First Paragraph:
The appellant, Eric LaVaughn Anderson, appeals from the
denial of post conviction relief. He maintains that he was
denied his right to the effective assistance of counsel and
that his guilty pleas to three counts of aggravated rape
were not made voluntarily, knowingly, and intelligently.
The trial court denied the petition after appointing counsel
and conducting an evidentiary hearing. We find no error and
affirm the judgment.
Judge: William M. Barker, Judge
URL:http://www.tba.org/tba_files/TCCA/ANDERSNE.WPD.WP6
JAMES DAVID CARTER, v. STATE OF TENNESSEE,
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
GARY C. SHOCKLEY CHARLES W. BURSON
207 Mockingbird Lane Attorney General and Reporter
P.O. Box 3038
Johnson City, TN 37601 JOHN P. CAULEY
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
C. BERKELEY BELL
District Attorney General
ERIC CHRISTIANSEN
Asst District Attorney General
113 West Church St., Suite J
Greeneville, TN 37743
First Paragraph:
The Petitioner appeals as of right pursuant to Rule 3 of the
Tennessee Rules of Appellate Procedure from the trial
courts dismissal of his third petition for post-conviction
relief. The Petitioner was convicted on a jury verdict of
first degree murder. He was sentenced to death by
electrocution. The trial court denied the Petitioner
post-conviction relief because two of the three issues had
been previously determined and the third issue lacked merit.
We affirm the judgment of the trial court.
Judge: DAVID H. WELLES, JUDGE
URL:http://www.tba.org/tba_files/TCCA/CARTERJD.OPN.WP6
STATE OF TENNESSEE, v. PAUL EMILE OLIVER,
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
Gloria S. Moore Charles W. Burson
2415 Magnolia Avenue Attorney General & Reporter
Knoxville, TN 37917
Elizabeth T. Ryan
Assistant Attorney General
Criminal Justice Division
450 James Robertson Parkway
Nashville, TN 37243-0493
C. Berkeley Bell
District Attorney General
John Dugger
Victor Vaughn
Asst. Dist. Attorneys General
510 Allison Street
Morristown, TN 37814
First Paragraph:
The appellant, Paul Emile Oliver, pled guilty to possession
of less than one-half gram of cocaine with the intent to
sell. Pursuant to a plea agreement, the appellant received
a three-year sentence as a Range I offender. Following a
hearing, the trial judge denied the appellants request for
probation.
Judge: PAUL G. SUMMERS, Judge
URL:http://www.tba.org/tba_files/TCCA/OLIVERPE.OPN.WP6
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© Copyright 1998 Tennessee Bar Association - This Issue IN THIS ORDER: