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TBALink Opinion-Flash
October 23, 1997 -- Volume #3 -- Number #107
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
- 01-New Opinons From TSC-Workers Comp Panel
- 00-New Opinons From TCA
- 05-New Opinons From TCCA
- 00-New Opinons From TSC
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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
MERLIN STEPHEN HANDLEY vs. TRAVELERS INSURANCE COMPANY and CANTEEN FOOD SERVICES,INC. Court:TSC - Workers Comp Panel Attorneys: For the Appellant: For the Appellees: Charles C. Guinn, Jr. Thomas E. LeQuire #1 Washington Ave. David C. Nagle P.O. Box 946 Suite 200 Flatiron Bldg. Athens, Tenn. 37371-0946 707 Georgia Ave. Chattanooga, TN 37402 Judge:THAYER First Paragraph: Plaintiff, Merlin Stephen Handley, has appealed from the action of the trial court in dismissing his claim for benefits. The Chancellor held plaintiff had failed to carry the burden of proof in establishing his heart attack was caused by his work activity. URL:http://www.tba.org/tba_files/TSC_WCP/HANDLEY_WC.WP6
STATE OF TENNESSEE
vs.
TERRY FREEMAN
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
LAURA RULE HENDRICKS JOHN KNOX WALKUP
Attorney at Law Attorney General & Reporter
606 West Main Street, Suite 350
P.O. Box 84 SANDY COPOUS PATRICK
Knoxville, TN 37901-0084 Assistant Attorney General
(On Appeal) 2nd Floor, Cordell Hull Building
425 Fifth Avenue North
Nashville, TN 37243-0943
DAVID F. BAUTISTA DAVID E. CROCKETT
District Public Defender District Attorney General
ROBERT Y. OAKS KENNETH C. BALDWIN
Assistant Public Defender Asst District Attorney General
Main Courthouse Carter County Courthouse Annex
Elizabethton, TN 37643 Elizabethton, TN 37643
(At Trial)
Judge: WOODALL
First Paragraph:
Pursuant to a negotiated plea agreement, the Defendant, Terry Freeman,
pled guilty in the Criminal Court of Carter County to the Class E
felony offense of possession of marijuana with intent to sell. The
trial court denied the Defendant's motion to suppress evidence. With
the consent of the State and the trial court, Defendant reserved the
right to appeal a certified question of law which is dispositive of
the case. See T.R.A.P. 3(b)(2). The precise question of law
certified in this appeal is as follows: "Whether the stop of the
Defendant's vehicle was made with reasonable suspicion based on
articulable facts under the Tennessee and United States
Constitutions." We affirm the judgment of the trial court.
URL:http://www.tba.org/tba_files/TCCA/FREEMANT_OPN.WP6
STATE OF TENNESSEE
vs.
MICHAEL W. KAUFMANN
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
MACK GARNER JOHN KNOX WALKUP
District Public Defender Attorney General and Reporter
419 High Street
Maryville, TN 37801 CLINTON J. MORGAN
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
MIKE FLYNN
District Attorney General
PHILLIP MORTON
Asst District Attorney General
363 Court Street
Maryville, TN 37801
Judge:CRAFT
First Paragraph:
The defendant, Michael Kaufmann, appeals as of right from a sentence
imposed by the Blount County Circuit Court. He entered guilty pleas
to five indictments: two Aggravated Burglary indictments (eight
years), Theft over $1,000 (four years), Theft over $500 (two years)
and Uttering a Forged Instrument (two years), all concurrent, as a
Range II Multiple Offender, in the custody of the Department of
Correction. A sentencing hearing was then held for the sole purpose
of determining whether these five convictions would be served
concurrently or consecutively to unexpired sentences he was then
serving for crimes committed in Loudon and Anderson Counties, totaling
five years. The defendant contends that the trial judge erred in
ordering that the effective eight year sentence for his Blount County
crimes be served consecutively to his previous five year sentences.
We affirm the judgment of the trial court.
URL:http://www.tba.org/tba_files/TCCA/KAUFMANN_OPN.WP6
STATE OF TENNESSEE
vs.
SUSAN RENEAU
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Mack Garner Charles W. Burson
District Public Defender Attorney General and Reporter
419 High Street
Maryville TN 37804 Janis L. Turner
Assistant Attorney General
Criminal Justice Division
450 James Robertson Parkway
Nashville, TN 37243-0493
Michael L. Flynn
District Attorney General
Kirk Andrews
Asst. District Attorney General
363 Court Street
Maryville, TN 37804
Judge: Hayes
First Paragraph:
The appellant, Susan Reneau, appeals the sentence imposed by the
Blount County Circuit Court upon her plea of guilty to the offense of
facilitation of rape, a class C felony. Pursuant to a negotiated
plea, the appellant received a sentence of three years as a range I
offender. The manner of service of the sentence was submitted to the
trial court for determination. Following a sentencing hearing, the
trial court denied any form of alternative sentence and imposed a
sentence of incarceration in the Department of Correction. The
appellant now appeals this decision.
URL:http://www.tba.org/tba_files/TCCA/RENEAUS_OPN.WP6
WILLIAM K. WALDEN
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
For Appellant: For Appellee:
Randall E. Reagan Charles W. Burson
Attorney at Law Attorney General & Reporter
602 Gay Street, Ste. 905
Knoxville, TN 37902 Marvin E. Clements, Jr.
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
Randall E. Nichols
District Attorney General
City-County Building
Knoxville, TN 37902
Judge: WADE
First Paragraph:
The petitioner, William K. Walden, appeals the trial court's dismissal
of his petition for post-conviction relief. The single issue
presented for review is whether the petition was barred by the statute
of limitations.
URL:http://www.tba.org/tba_files/TCCA/WALDENWK_OPN.WP6
JIMMY WAYNE WILSON
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
For Appellant: For Appellee:
Jimmy Wayne Wilson, Pro Se Charles W. Burson
108253, MCRC Attorney General and Reporter
P.O. Box 2000
Wartburg, TN 37887 Michael J. Fahey, II
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
Judge:WADE
First Paragraph:
The petitioner, Jimmy Wayne Wilson, appeals the trial court's
dismissal of his petition for a writ of habeas corpus. The single
issue presented for review is whether the indictment was sufficient to
support his conviction for rape.
URL:http://www.tba.org/tba_files/TCCA/WILSONJW2_OPN.WP6
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© Copyright 1998 Tennessee Bar Association - This Issue (IN THIS ORDER):