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.
- 01-New Opinions From TSC
- 00-New Opinions From TSC-Rules
- 02-New Opinions From TSC-Workers Comp Panel
- 01-New Opinions From TCA
- 09-New Opinions From TCCA
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TBALink Chief Editor
MICHAEL EUGENE SMITH vs. GOODYEAR TIRE AND RUBBER COMPANY Court:TSC First Paragraph: This case is before the Court upon a motion for review pursuant to Tenn. Code Ann. S 50-6-225(e)(5)(B), 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, which are incorporated herein by reference; Whereupon, it appears to the Court that the motion for review is not well-taken and should be denied; and It is, therefore, ordered that the Panel's findings of fact and conclusions of law are adopted and affirmed, and the decision of the Panel is made the judgment of the Court. Affirmed. URL:http://www.tba.org/tba_files/TSC/SMITHME_ORD.WP6 EVERLYN HICKS vs. LARRY BRINTON, JR., DIRECTOR DIVISION OF WORKERS' COMPENSATION, DEPARTMENT OF LABOR Court:TSC - Workers Comp Panel Attorneys: For Appellant: For Appellee: Steve Taylor Charles W. Burson Memphis, Tennessee Attorney General and Reporter Dianne Stamey Dycus Senior Counsel Nashville, Tennessee Judge: Loser First Paragraph: The employee, Hicks, contends the evidence preponderates against the trial court's finding that she is less than permanently and totally disabled from her work-related accident and that the trial court erred in not applying Tenn. Code Ann. section 50-6 208(a). This panel concludes the trial court should be affirmed in both respects. AFFIRMED. URL:http://www.tba.org/tba_files/TSC_WCP/HICKSEV_OPN.WP6 MICHAEL EUGENE SMITH vs. GOODYEAR TIRE AND RUBBER COMPANY Court:TSC - Workers Comp Panel Attorneys: For Appellant: For Appellee: Randy N. Chism Jeffrey A. Garrety Elam & Glasgow Garrety & Sanders Union City, Tennessee Jackson, Tennessee Judge: Loser First Paragraph: In this appeal, the employer contends the award of permanent partial disability benefits is excessive and, particularly, that the award exceeds the limitation contained in Tenn. Code Ann. section 50-6-241(a)(1). As discussed below, the panel has concluded the award should be affirmed. AFFIRMED. URL:http://www.tba.org/tba_files/TSC_WCP/SMITH_OPN.WP6 CHARLIE BURKS vs. BRETT STEIN Court:TCA Judge: TOMLIN First Paragraph: In this cause, plaintiff, Pro Se, previously filed suit in the Chancery Court of Shelby County against defendant seeking damages for alleged failure of defendant to provide him with effective assistance of counsel during a criminal trial, wherein plaintiff was convicted of armed robbery. Plaintiff is presently under the jurisdiction of the Tennessee Department of Correction at its Lake County facility. Plaintiff appealed to this court which affirmed the trial court's judgment, by Memorandum Opinion filed October 24, 1996. Plaintiff's petition to rehear was denied by this court on January 29, 1997. URL:http://www.tba.org/tba_files/TCA/BURKSC_ORD.WP6 STATE OF TENNESSEE vs. DONNA BEASLEY Court:TCCA Attorneys: For the Appellant: For the Appellee: Kevin W. Shepherd John Knox Walkup 404 Ellis Avenue Attorney General and Reporter Maryville, TN 37804 Elizabeth T. Ryan Assistant Attorney General Criminal Justice Division 450 James Robertson Parkway Nashville, TN 37243-0493 Michael L. Flynn District Attorney General Philip Morton Asst. District Attorney General 363 Court Street Maryville, TN 37804 Judge: Hayes First Paragraph: On March 14, 1995, the appellant, Donna Beasley, pled guilty in the Blount County Circuit Court to twenty-six counts of aggravated burglary, a class C felony, one count of attempted aggravated burglary, a class D felony, one count of burglary, a class D felony, seventeen counts of theft of property worth more than one thousand dollars, a class D felony, six counts of theft of property worth more than five hundred dollars, a class E felony, and five counts of theft of property worth less than five hundred dollars, a class A misdemeanor. The plea agreement provided that the appellant would receive a sentence of five years for each class C felony, three years for each class D felony, one year for each class E felony, and eleven months and twenty-nine days for each class A misdemeanor. The parties additionally agreed that the appellant's effective sentence would be ten years and that the trial court would determine the manner of service of the sentence. Following a sentencing hearing, the trial court ordered that the appellant serve her sentence in the Department of Correction. The appellant contends that the trial court erred in denying her an alternative sentence. AFFIRMED. URL:http://www.tba.org/tba_files/TCCA/BEASLEYD_OPN.WP6 SANDALOS A. BLAIR vs. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: STEPHEN R. LEFFLER, ESQ. CHARLES W. BURSON 50 North Front Street Attorney General and Reporter Suite 1075, Morgan Keegan Tower Memphis, TN 38103 CHARLOTTE H. RAPPUHN Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243 JOHN W. PIEROTTI District Attorney General REGINALD R. HENDERSON Assistant District Attorney 201 Poplar Avenue, 3rd Floor Memphis, TN 38103 Judge: SMITH First Paragraph: Appellant Sandalos Arnez Blair appeals the trial court's denial of his petition for post-conviction relief. He presents the following issues for review: (1) whether the trial court erred in failing to appoint new post-conviction counsel; (2) whether the trial court erred in finding that trial counsel provided effective assistance at trial; and (3) whether trial counsel was ineffective in failing to file an application for permission to appeal to the Tennessee Supreme Court or in failing to take appropriate steps to comply with Tenn. Sup. Ct. R. 14 regarding the withdrawal of counsel following first tier review of Appellant's case in this Court. VACATED AND REINSTATED. URL:http://www.tba.org/tba_files/TCCA/BLAIRSAN_OPN.WP6 ROBERT GLEN COE vs. STATE OF TENNESSEE Court:TCCA Judge: RILEY First Paragraph: Petitioner has filed a petition to rehear. He alleges the Court did not address the exceptions to the statute of limitations with regard to Issues 3, 6, 7, 8, 9, 10, 11, and 14. Firstly, the judgment of the trial court was affirmed pursuant to Rule 20, Tennessee Court of Criminal Appeals; therefore, there was not an in-depth analysis of the various issues. The petition is respectfully DENIED. URL:http://www.tba.org/tba_files/TCCA/COERBBTG_ORD.WP6 LARRY C. CORUM vs. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: BRANDT DAVIS CHARLES W. BURSON 1707 Cove Creek Attorney General and Reporter Knoxville, TN 37919 ELIZABETH T. RYAN Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243 RANDALL E. NICHOLS Distirct Attorney General ZANE SCARLETT Assistant District Attorney City-County Building, Ste. 168 400 Main Street Knoxville, TN 37902-2405 Judge: SMITH First Paragraph: Appellant Larry C. Corum appeals from the dismissal of his petition for post-conviction relief. On October 7, 1993, Appellant pled guilty to two counts of burglary and one count of robbery. Appellant received a sentence of four years imprisonment for each count of burglary and eight years imprisonment for robbery. The sentences were ordered to be served consecutively for an effective sentence of sixteen years. On July 12, 1994, Appellant filed a petition for post-conviction relief, alleging ineffective assistance of counsel and that he involuntarily entered his guilty plea. The post-conviction court dismissed his petition, finding it meritless. For the reasons discussed below, we reject Appellant's claims and affirm the decision of the post-conviction court. AFFIRMED. URL:http://www.tba.org/tba_files/TCCA/CORUMLC_OPN.WP6 STATE OF TENNESSEE vs. JOSEPH LEBRON DERRICK Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: GREGORY D. SMITH CHARLES W. BURSON Attorney for Appellant Attorney General & Reporter One Public Square, Ste. 321 Clarksville, TN 37040 M. ALLISON THOMPSON (On Appeal) Assistant Attorney General 450 James Robertson Parkway ARDENA J. GARTH Nashville, TN 37243-0493 District Public Defender BILL COX WILLIAM A. DOBSON, JR. District Attorney General Assistant Public Defender 701 Cherry Street, Ste. 300 YOLANDA MITCHELL Chattanooga, TN 37402-1910 Asst District Attorney General (At Trial) 600 Market Street Courts Building Chattanooga, TN 37402 Judge: WOODALL First Paragraph: The Appellant appeals as of right pursuant to Rule 3 of the Tennessee Rules of Appellate Procedure from his conviction for second degree murder. The Appellant was indicted for first degree murder in Hamilton County. A jury found him guilty of second degree murder. The trial court sentenced the Appellant to twenty (20) years as a Range I Standard Offender. The Appellant argues three issues in his appeal: (1) The trial court abused its discretion by not allowing a State witness to be fully cross examined regarding inconsistent statements; (2) the evidence was insufficient to support a conviction for second degree murder; (3) the Appellant's sentence was excessive. We affirm the judgment of the trial court. AFFIRMED. URL:http://www.tba.org/tba_files/TCCA/DERRICK1_OPN.WP6 SIDNEY PORTERFIELD vs. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: C. Michael Robbins Charles W. Burson Attorney at Law Attorney General & Reporter 202 South Maple, Suite C 500 Charlotte Avenue Covington, TN 38019 Nashville, TN 37243-0497 (Argued Case) Amy L. Tarkington William D. Massey Assistant Attorney General Attorney at Law 450 James Robertson Parkway 3074 East Street Nashville, TN 37243-0493 Memphis, TN 38128 (At Trial and On Brief) John W. Pierotti District Attorney General 201 Poplar Avenue, Suite 3-01 Memphis, TN 38103 J. Robert Carter, Jr. Asst District Attorney General 201 Poplar Avenue, Suite 3-01 Memphis, TN 38103 Judge: Jones First Paragraph: The appellant, Sidney Porterfield, (petitioner), appeals as of right from a judgment of the trial court summarily dismissing his suit for post-conviction relief. The trial court found the petitioner's suit was barred by the statute of limitations. The court further found the issues raised had been either previously determined or waived. One issue is presented for review, namely, "Did the trial court err in dismissing the petition for post conviction relief on the ground it was time barred and that all claims had been previously determined or waived?" After a thorough review of the record, the briefs submitted by the parties, and the law governing the issue presented for review, it is the opinion of this Court the judgment of the trial court should be affirmed. AFFIRMED. URL:http://www.tba.org/tba_files/TCCA/PORTERFI_OPN.WP6 JIMMY E. SPRAGUE vs. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: ROBERT G. HINTON CHARLES W. BURSON Attorney at Law Attorney General & Reporter Sproul & Hinton 205 E. Broadway DARIAN B. TAYLOR Lenoir City, TN 37771 Assistant Attorney General Criminal Justice Division 450 James Robertson Parkway Nashville, TN 37243-0493 CHARLES E. HAWK District Attorney General ROGER DELP Asst District Attorney General P.O. Box 703 Kingston, TN 37763-0703 Judge: WITT First Paragraph: Appellant, Jimmy E. Sprague, appeals the dismissal of his petition for post-conviction relief. Appellant pleaded guilty to sexual exploitation of a minor and was sentenced to a one year prison term on January 10, 1992. This conviction was not appealed. Thereafter, appellant filed this post-conviction petition on January 19, 1995, contending he received ineffective assistance of counsel in the prior proceeding and his guilty plea was not made knowingly and voluntarily. In his petition, appellant alleged his attorneys did not conduct a thorough investigation and gave him erroneous legal advice which rendered his subsequent guilty plea unknowing and involuntary. After an evidentiary hearing, the court below found appellant failed to prove his allegations by a preponderance of the evidence and dismissed the petition. Appellant has presented this court with the ineffective assistance of counsel issue but not the voluntariness of the plea issue. However, we elect to address both issues. See Tenn. R. App. P. 13(b). Upon review of the record, we affirm the judgment below. AFFIRMED. URL:http://www.tba.org/tba_files/TCCA/SPRAGUEJ_OPN.WP6 WILLIE C. TAYLOR vs. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: VANEDDA PRINCE CHARLES W. BURSON P.O. Box 26 Attorney General & Reporter Union City, TN 38261 M. ALLISON THOMPSON Counsel for the State 450 James Robertson Pkwy. Nashville, TN 37243-0493 C. PHILLIP BIVENS District Attorney General P.O. Box E Dyersburg, TN 38025 Judge: PEAY First Paragraph: The petitioner pled guilty on October 6, 1994, to one count of selling less than .5 grams of cocaine on April 21, 1994. He was sentenced to ten years as a Range III persistent offender for this crime. On March 21, 1995, the petitioner pled guilty to another count of selling less than .5 grams of cocaine; this offense occurred on September 10, 1994. In exchange for his plea, he received a ten year sentence as a Range III persistent offender, to be served concurrently with the prior sentence. On April 17, 1995, the petitioner filed the instant petition for post-conviction relief, alleging that he received ineffective assistance of counsel such that his guilty pleas should be set aside. He also alleges that his second guilty plea was in exchange for an illegal sentence and should therefore be set aside. After an evidentiary hearing, the court below denied the petition. We affirm the court. AFFIRMED. URL:http://www.tba.org/tba_files/TCCA/TAYLORW_OPN.WP6 BENJAMIN WOLFENBARGER vs. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: BENJAMIN WOLFENBARGER CHARLES W. BURSON Pro se Attorney General and Reporter DARIAN B. TAYLOR Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243-0493 C. BERKELEY BELL District Attorney General VICTOR J. VAUGHN Asst District Attorney General 510 Allison Street Morristown, TN 37814 Judge: WELLES First Paragraph: This is an appeal pursuant to Rule 3 of the Tennessee Rules of Appellate Procedure. The Defendant filed his pro se "Two-Headed Petition" on October 20, 1995. The petition sought either post-conviction relief or habeas corpus relief. The trial court treated the petition as one for post conviction relief and summarily dismissed it as barred by the statute of limitations. It is from the order of dismissal that the Defendant appeals. We affirm the judgment of the trial court. AFFIRMED. URL:http://www.tba.org/tba_files/TCCA/WOLFENBA_OPN.WP6
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