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.
- 00-New Opinons From TSC
- 00-New Opinons From TSC-Rules
- 02-New Opinons From TSC-Workers Comp Panel
- 03-New Opinons From TCA
- 09-New Opinons From TCCA
There are three ways to get the full opinion from the Web: (TBALink members only)
TBALink Chief Editor
THOMAS H. HARTLEY, v. SNAP-ON TOOLS CORPORATION, Court:TSC - Workers Comp Panel For the Appellant : For the Appellee: Steven H. Trent Howell H. Sherrod, Jr. Baker, Donelson, Bearman & Caldwell Sherrod, Stanley, Lincoln 207 Mockingbird Ln. & Goldstein P.O. Box 3038 249 E. Main St. Johnson City, TN 37602 Johnson City, TN 37604-5707 Judge: INMAN 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. S 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The issue presented is whether the trial court erred in finding that the plaintiff sustained a 35 percent disability to his right arm as a result of a job-related accident. URL:http://www.tba.org/tba_files/TSC_WCP/HARTLEY.OPN.WP6 VANESSA PHILLIPS v. PENNSYLVANIA NATIONAL INSURANCE COMPANY Court:TSC - Workers Comp Panel Attorneys: N/A Judge: PER CURIAM First Paragraph: JUDGMENT ORDER The arguments of counsel, the entire record, including the order of referral to the Special Workers' Compensation Appeals Panel and the Panel's Memorandum Opinion setting forth its findings of fact and conclusions of law, are incorporated herein by reference. URL:http://www.tba.org/tba_files/TSC_WCP/PHILVPEN.ORD.WP6 AMARR COMPANY, INC., v. MARK DEPEW, Court:TCA J. Eddie Lauderback of Johnson City For Plaintiff-Appellee David S. Bunn of Bristol For Defendant-Appellant Judge: W. FRANK CRAWFORD First Paragraph: This case involves the enforcement of a noncompetition clause in an employment contract and a related contract claim for a bonus. Defendant, Mark Depew, appeals from the trial court's judgment in favor of plaintiff, Amarr Company, Inc. The trial court entered a permanent injunction in favor of Amarr that enforced and modified the covenant not to compete, and also ruled that Depew was not entitled to his bonus. URL:http://www.tba.org/tba_files/TCA/AMARR.OPN.WP6 RONALD HITE, v. CANDY HITE, Court:TCA Francis X. Santore, Jr., Santore and Santore of Greeneville, For Appellee Roger A. Woolsey of Greeneville, For Appellant Judge: W. FRANK CRAWFORD First Paragraph: This case involves a petition for increase of child support. Respondent, Ronald Hite (Father), appeals from the trial court's order awarding an increase in child support and other relief to petitioner, Candy Hite (Mother). URL:http://www.tba.org/tba_files/TCA/HITERON.OPN.WP6 WANDA R. SARGENT, v. MARGARET CULPEPPER, Commissioner, TN Department of Employment Security, and ROANE HOSIERY, Court:TCA Paul E. Drozdowski of Oak Ridge For Appellant Charles W. Burson, Attorney General and Reporter Robert W. Stack of Nashville Jennifer H. Small of Nashville For Culpepper Frank P. Pinchak and Lisa M. Pate of Chattanooga For Roane Hosiery Judge: W. FRANK CRAWFORD First Paragraph: This is an unemployment compensation case. Petitioner, Wanda R. Sargent, appeals from the order of the trial court dismissing her petition for certiorari and affirming the decision of the Board of Review that disallowed her claim for unemployment compensation benefits. URL:http://www.tba.org/tba_files/TCA/SARGENT.OPN.WP6 STATE OF TN, v. ROBERT W. BENTLEY, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: A. C. WHARTON CHARLES W. BURSON Public Defender Attorney General & Reporter WALKER GWINN WILLIAM DAVID BRIDGERS Asst. Public Defender Asst. Attorney General (On Appeal) JOHN W. PIEROTTI MOZELLA ROSS District Attorney General and MISCHELLE BEST CHARLES BELL Asst. Public Defenders Asst. District Attorney General (At Trial) Judge: JOHN H. PEAY First Paragraph: The defendant was indicted on two charges of attempted first-degree murder. After a jury trial, he was acquitted of the lesser included charges of attempted second degree murder and attempted voluntary manslaughter, but convicted of two offenses of felony reckless endangerment. For these convictions he received concurrent two year terms in the local workhouse. URL:http://www.tba.org/tba_files/TCCA/BENTLEYR.OPN.WP6 STATE OF TN, v. ROCKY SHANE BOLTON, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: JOE H. BYRD, JR. CHARLES W. BURSON Shannon Professional Building Attorney General and Reporter 203 S. Shannon St., Suite 300 P.O. Box 2764 ROBIN L. HARRIS Jackson, TN 38302-2764 Assistant Attorney General JERRY WOODALL District Attorney General Judge: DAVID H. WELLES First Paragraph: This is an appeal pursuant to Rule 3 of the TN Rules of Appellate Procedure. The Defendant entered a plea of guilty to a reduced charge of second degree murder, with sentencing left to the discretion of the trial judge. He was sentenced to twenty-five years in the Department of Correction, the maximum penalty authorized for a Range I standard offender. On appeal, the Defendant argues that his sentence is excessive. URL:http://www.tba.org/tba_files/TCCA/BOLTONRS.OPN.WP6 STATE OF TN, v. JAMES LEONARD CORDER, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: GUY WILKINSON CHARLES W. BURSON Public Defender Attorney General & Reporter LARRY G. BRYANT MARY ANNE QUEEN Asst. Public Defender (Pursuant to Rule 7, Art. 10.04 P. O. Box 663 Rules of the Supreme Court of Camden, TN 38320 TN) -and- WILLIAM DAVID BRIDGERS Asst. Attorney General ROBERT "GUS" RADFORD District Attorney General TODD A. ROSE Asst. District Attorney General Judge: JOHN H. PEAY First Paragraph: O R D E R This is an appeal as of right by the defendant from six convictions resulting from a jury trial held on February 21, 1995. The defendant was charged and convicted of three counts of operating a motor vehicle after having been declared a habitual motor offender, one count of assault, one count of operating a motor vehicle without proper registration, and one count of driving while under the influence of an intoxicant. These offenses occurred over a period of time from April 4, 1994, through August 25, 1994. URL:http://www.tba.org/tba_files/TCCA/CORDERJL.OPN.WP6 STATE OF TN, v. JIM R. HOLLINGSWORTH, MICHAEL G. DONATO, THOMAS G. HAMMOND, and BETTY L. HAMMOND, Court:TCCA FOR THE APPELLANTS: FOR THE APPELLEE: Handel R. Durham, Jr. Charles W. Burson 200 Jefferson Avenue, Suite 750 Attorney General & Reporter Memphis, TN 38103-2335 (For Appellant Hollingsworth) Stephen R. Leffler William David Bridgers 50 North Front Street, Suite 1075 Assistant Attorney General Memphis, TN 38103 (For Appellant Donato) James V. Ball John W. Pierotti 217 Exchange Avenue District Attorney General Memphis, TN 38105 (For Appellant Thomas G. Hammond) Betty L. Hammond, pro se C. Alanda Horne P. O. Box 707 Asst District Attorney General Senatobia, MS 38668 Judson W. Phillips Asst District Attorney General Judge: JOE B. JONES First Paragraph: The appellants, Jim R. Hollingsworth, Michael G. Donato, Thomas G. Hammond, and Betty L. Hammond, were each found guilty of criminal trespass, a Class C misdemeanor, by a jury of their peers. The trial court sentenced each appellant to pay a fine of $50 and serve thirty (30) days in the Shelby County Workhouse. The appellants contend that the evidence is insufficient, as a matter of law, to support a finding by a rational trier of fact that they are guilty of criminal trespass beyond a reasonable doubt. URL:http://www.tba.org/tba_files/TCCA/HOLLINGS.OPN.WP6 WILLIAM NEWSON, v. STATE OF TN, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: D. Tyler Kelly Charles W. Burson Attorney at Law Attorney General & Reporter 213 East Lafayette St 500 Charlotte Avenue Jackson, TN 38301 Nashville, TN 37243-0497 Ellen H. Pollack Assistant Attorney General James G. Woodall District Attorney General Alfred L. Earls Assistant District Attorney General Judge: Joe B. Jones First Paragraph: The issue presented for review is whether the appellant, William Newson, was entitled to the appointment of counsel and an evidentiary hearing in this post conviction case. The parties agree the trial court committed reversible error by summarily dismissing this proceeding. URL:http://www.tba.org/tba_files/TCCA/NEWSONW.OPN.WP6 STATE OF TN, v.CARL VICTOR RANDOLPH, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: Pamela J. Drewery Charles W. Burson Assistant Public Defender Attorney General & Reporter 227 West Baltimore 500 Charlotte Avenue Jackson, TN 38301 Nashville, TN 37243-0497 OF COUNSEL: Clinton J. Morgan Assistant Attorney General George Morton Googe District Public Defender 227 West Baltimore Jackson, TN 38301 James G. Woodall District Attorney General Donald H. Allen Assistant District Attorney General Judge: Joe B. Jones First Paragraph: The appellant, Carl Victor Randolph, appeals as of right from a judgment of the trial court revoking his judicial diversion, sentencing him to an effective sentence of four (4) years, and requiring him to serve the sentences in the Department of Correction. In this Court, the appellant contends "[i]t would be more consistent with the principles of sentencing to leave him on probation, intensive probation, or community corrections, rather than send him to the penitentiary." URL:http://www.tba.org/tba_files/TCCA/RANDOLPH.OPN.WP6 STATE OF TN v. MICHAEL WAYNE ROBINSON, SR. Court:TCCA For the Appellant: For the Appellee: Scott Kirk Charles W. Burson Harde, Martin & Jaynes, P.A. Attorney General and Reporter 213 East Lafayette Street 450 James Robertson Parkway Jackson, TN 38301 Nashville, TN 37243-0493 Sarah M. Branch Counsel for the State James G. Woodall District Attorney General Donald Allen Asst District Attorney General Judge: William M. Barker First Paragraph: The appellant, Michael Wayne Robinson, Sr., appeals as of right from a conviction of theft over $500.00 in the Madison County Circuit Court, Division II. He was sentenced to the maximum four years for this Class E felony as a Range II offender. On appeal, appellant raises two issues: (1) whether the evidence was sufficient to convict of theft of property over $500.00 and (2) whether the trial court erred in ordering the maximum sentence. URL:http://www.tba.org/tba_files/TCCA/ROBINSNM.OPN.WP6 STATE OF TN, v. GARY RUSSELL, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: DANIEL TAYLOR CHARLES W. BURSON Assistant Public Defender Attorney General and Reporter 227 West Baltimore Street Jackson, TN 38301 WILLIAM DAVID BRIDGERS Assistant Attorney General JAMES G. (JERRY) WOODALL District Attorney General DONALD H. ALLEN Assistant District Attorney General Judge: CORNELIA A. CLARK First Paragraph: Defendant was indicted for violation of the worthless check law under T.C.A. S39-14-121. He was convicted by a jury on June 8, 1995, and sentenced by the court on June 11, 1995, to four years as a Range I standard offender. On appeal, he argues that the trial court erred in denying his motion for a judgment of acquittal. URL:http://www.tba.org/tba_files/TCCA/RUSSELLG.OPN.WP6 STATE OF TN, v. KIRBY G. THURMON, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: ROBERT M. BRANNON, JR. CHARLES W. BURSON 295 Washington, Suite 3 Attorney General and Reporter Memphis, TN 37140 ROBIN L. HARRIS Assistant Attorney General JOHN W. PIEROTTI District Attorney General PATIENCE R. BRANHAM Assistant District Attorney General Judge: DAVID H. WELLES First Paragraph: The Defendant appeals to this court as of right from a judgment entered on a Shelby County jury verdict convicting him of driving under the influence of an intoxicant and diazepam. The Defendant presents seven issues for review: (1) That he was unable to consent to the blood alcohol test and, therefore, the trial court erred in admitting the blood test results; (2) that the court erred by admitting the blood test results without establishing the chain of custody; (3) that his pretrial detention without bail was a punishment resulting in double jeopardy when the charges were tried; (4) that admitting a photograph of him was unduly prejudicial; (5) that the State failed to prove he was in control of and driving his vehicle on a public roadway; (6) that testimony regarding the blood test results from a copy of a computer printout violated the best evidence rule; and (7) that the evidence was insufficient to support a guilty verdict. URL:http://www.tba.org/tba_files/TCCA/THURMONK.OPN.WP6
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