TBALink Opinion-Flash

October 17, 1996 -- Volume #2 -- Number #90

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:
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)

  • 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


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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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

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