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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
- 00-New Opinons From TSC
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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
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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© Copyright 1998 Tennessee Bar Association - This Issue IN THIS ORDER: