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TBALink Opinion-Flash
April 07, 1997 -- Volume #3 -- Number #039
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:
- 03-New Opinions From TSC
- 00-New Opinions From TSC-Rules
- 01-New Opinions From TSC-Workers Comp Panel
- 00-New Opinions From TCA
- 00-New Opinions From TCCA
- 03-New Opinions 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
STATE OF TENNESSEE vs. MICHAEL DEAN BUSH Court:TSC Attorneys: FOR APPELLANT: FOR APPELLEE: Martelia T. Crawford John Knox Walkup Cookeville, Tennessee Attorney General & Reporter Richard McGee Michael E. Moore Nashville, Tennessee Solicitor General Gordon W. Smith Associate Solicitor General Amy L. Tarkington Assistant Attorney General Nashville, Tennessee William Edward Gibson District Attorney General Owen G. Burnett John A. Moore Lillie Ann Sells David A. Patterson Asst. District Attorneys General Cookeville, Tennessee Judge: DROWOTA First Paragraph: In this capital case, the defendant, Michael Dean Bush, was convicted of premeditated first degree murder and first degree burglary. In the sentencing hearing, the jury found two aggravating circumstances: (1) "[t]he murder was especially heinous, atrocious or cruel in that it involved torture or serious physical abuse beyond that necessary to produce death;" and (2) "[t]he murder was committed for the purpose of avoiding, interfering with or preventing a lawful arrest or prosecution of the defendant or another." Tenn. Code Ann. S39-13-204(i)(5) and (6) (1991). Finding that the two aggravating circumstances outweighed mitigating circumstances beyond a reasonable doubt, the jury sentenced the defendant to death by electrocution. TRIAL COURT AND COURT OF CRIMINAL APPEALS AFFIRMED. URL:http://www.tba.org/tba_files/TSC/BUSH_OPN.WP6
MAXINE O. MASON
vs.
KENNETH M. SEATON AND WIFE,
LAUREL SEATON d/b/a GRAND HOTEL
Court:TSC
Attorneys:
For Plaintiff-Appellee: For Defendants-Appellants:
James H. Ripley Douglas L. Dutton
Sharp & Ripley Amy V. Hollars
Sevierville Hodges, Doughty & Carson
Knoxville
Judge: REID
First Paragraph:
This case presents for review the decision of the Court of Appeals,
reversing the trial court, that the action of retaliatory discharge
"for refusing to remain silent about illegal activities" does not
require a showing that the employer expressly or implicitly directed
the employee to remain silent about the illegal activity. This Court
affirms the decision and rationale of the Court of Appeals. JUDGMENT
OF COURT OF APPEALS AFFIRMED; CASE REMANDED TO TRIAL COURT.
URL:http://www.tba.org/tba_files/TSC/MASON_OPN.WP6
JOE C. MEIGHAN, JR., FOR HIMSELF, AND ALL OTHERS
SIMILARLY SITUATED
vs.
U.S. SPRINT COMMUNICATIONS COMPANY
Court:TSC
Attorneys:
For Plaintiffs-Appellants: For Defendant Appellee:
Donald K. Vowell John B. Rayson
Robert R. Carl Adrienne L. Anderson
Rainwater, Humble & Vowell Kramer, Rayson, Leake,
Knoxville Rodgers & Morgan
Knoxville
A. James Andrews
Knoxville
Thomas A. Snapp
Knoxville
For Plaintiffs Lawrence E. McCumber
and Patricia Ann McCumber:
Ben W. Hooper, III
Campbell & Hooper
Newport
R. J. Tucker
Newport
Tom Jessee
Jessee & Jessee
Johnson City
Judge: REID
First Paragraph:
The case is before the Court on a petition for writ of mandamus. This
is one of three cases in which landowners have filed suit against U.S.
Sprint Communications Company (Sprint), asserting claims for inverse
condemnation and trespass and seeking certification as a class action.
Buhl v. Sprint and the instant case, Meighan, have been before this
Court on appeal. The relief sought is an order directing the trial
court in McCumber v. Sprint to vacate its order certifying a class
action and to defer to the trial court in this case on that issue.
The Court, heretofore, entered an order staying the proceedings in all
three cases pending this hearing. PETITION FOR WRIT OF MANDAMUS
DENIED; ORDER STAYING PROCEEDINGS IN TRIAL COURTS LIFTED.
URL:http://www.tba.org/tba_files/TSC/MEIGHAN4_OPN.WP6
RONALD WAYNE HILL
vs.
EAGLE BEND MANUFACTURING, INC.,
TRANSPORTATION INSURANCE COMPANY
and
LARRY BRINTON, JR., DIRECTOR OF THE DIVISION
OF WORKERS' COMPENSATION, TENNESSEE DEPARTMENT
OF LABOR, SECOND INJURY FUND
Court:TSC - Workers Comp Panel
Attorneys:
For Plaintiff-Appellant For Defendant-Appellee
John T. March Charles W. Burson
David H. Dunaway Attorney General & Reporter
Dunaway & Associates
Lafollette, Tennessee Dianne Stamey Dycus
Senior Counsel
Civil Division
Office of the Attorney General
Nashville, Tennessee
Judge: DROWOTA
First Paragraph:
The Special Workers' Compensation Appeals Panel, upon reference for
findings of fact and conclusions of law pursuant to Tenn. Code Ann.
S50-6-225(e)(5) (Supp. 1996), found that Hill had suffered only an
increase in pain, not a compensable injury by accident, and dismissed
the case. Thereafter, Hill filed a motion for full court review of
the Panel decision pursuant to Tenn. Code Ann. S50-6-225(e)(5)(B)
(1996 Supp.). We granted the motion for review to determine whether
Hill suffered a work-related injury by accident which would entitle
him to receive workers' compensation benefits for the physical
impairment and for any related mental disorder. After carefully
examining the record before us and considering the relevant
authorities, we affirm the trial court's finding that Hill suffered a
work-related injury by accident which rendered him totally and
permanently disabled. JUDGMENT OF TRIAL COURT AFFIRMED.
http://www.tba.org/tba_files/TSC_WCP/HILLR2_OPN.WP6
----------------------------------------------------------------------
[ ] Get file "TSC Workers Comp Panel:HILLR2_OPN.WP6"
URL:http://www.tba.org/tba_files/TSC_WCP/HILLR2_OPN.WP6
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