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

There 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.

George Dean
TBALink Chief Editor


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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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

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


© Copyright 1998 Tennessee Bar Association