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TBALink Opinion-Flash
December 1, 1997 -- Volume #3 -- Number #125
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
- 01-New Opinons From TSC-Rules
- 02-New Opinons From TSC-Workers Comp Panel
- 03-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
WAYNE E. ADAMS VS. PETERBILT OF KNOXVILLE, INC., ITT HARTFORD INSURANCE GROUP, and SUE ANN HEAD, DIVISION OF WORKERS' COMPENSATION, TENNESSEE DEPARTMENT OF LABOR, SECOND INJURY FUND Court:TSC - Workers Comp Panel Attorneys: For the Appellant Wayne E. Adams: Gary S. Dawson Campbell & Dawson 100 W. Summit Hill Dr. Knoxville, TN 37902 For the Appellees Peterbilt of Knoxville, Inc. & ITT Hartford Ins. Gp.: R. Franklin Norton R. David Benner P. O. Box 2467 Knoxville, TN 37901 For the Appellee Second Injury Fund: Charles W. Burson Atty General & Reporter Sandra E. Keith Asst Atty General Civil Division Office of the Atty General 404 James Robertson Parkway Nashville, TN 37243-0499 Judge:BYERS First Paragraph: The plaintiff brought this suit in which he alleged he was totally and permanently disabled and that he was entitled to medical benefits from his employer and the Second Injury Fund. URL:http://www.tba.org/tba_files/TSC_WCP/adams_wc.WP6
ROBBIN RODDY
vs.
SPRING KNITS, INC., and
CIGNA INSURANCE COMPANY
Court:TSC - Workers Comp Panel
Attorneys:
For the Appellant: For the Appellee:
John D. Barry J. Arnold Fitzgerald
Milligan, Barry, Hensley & Evans P. O. Box 227, 1470 Market St.
800 First Tennessee Building Dayton, TN 37321
701 Market Street
Chattanooga, TN 37402
Judge:BYERS
First Paragraph:
The employee alleged injury to her back when she lifted a bolt of
cloth at work. The trial court found that her back condition was
caused by a work related accident and awarded 45 percent permanent
partial vocational disability and medical expenses, including those of
the treating surgeon, which were unauthorized.
URL:http://www.tba.org/tba_files/TSC_WCP/roddy2_wc.WP6
SUPREME COURT OF TENNESSEE
STATE LIST FOR PERMISSION TO APPEAL
December 1, 1997
Court:TSC - Rules
URL:http://www.tba.org/tba_files/TSC_RULES/statelst11_wpd.WP6
PATRICIA SUE BAKER (SANDERS)
vs.
PAUL DAVID BAKER
Court:TCA
Attorneys:
ROBERT M. COHEN OF MARYVILLE FOR APPELLANT
KEVIN W. SHEPHERD OF MARYVILLE FOR APPELLEE
Judge:Goddard
First Paragraph:
Paul David Baker appeals a Blount County General Sessions Court's
post-divorce visitation modification order granted in favor of
Patricia Sue Baker Sanders (hereinafter referred to as Ms. Baker).
URL:http://www.tba.org/tba_files/TCA/bakerp_opn.WP6
CITY OF ATHENS, TENNESSEE
vs.
ROBERT CALLAWAY
Court:TCA
Attorneys:
ROBERT CALLAWAY, Athens, pro se Appellant.
H. CHRIS TREW, Higgins, Biddle, Chester & Trew, Athens, for Appellee.
Judge:McMurray
First Paragraph:
This action originated when the appellee, City of Athens, cited Robert
Callaway for his failure to pay the city's service charges for refuse
collection and disposal. The Athens Municipal Court ordered Callaway
to pay a total of $156.26 in trash collection and disposal charges.
Callaway appealed to the Circuit Court for McMinn County, arguing that
the bills from the city were not due and payable. The Circuit Court
granted the city summary judgment. This appeal resulted. We affirm
the judgment of the trial court.
URL:http://www.tba.org/tba_files/TCA/callawyr_opn.WP6
LEWIS G. JONES
vs.
MARGARET C. CULPEPPER,
Commissioner, Tennessee Department
of Employment Security, et al.
Court:TCA
Attorneys:
William Allen, Oak Ridge, Tennessee
Attorney for Petitioner/Appellant.
John Knox Walkup, Attorney General and Reporter
Kimberly M. Frayn, Assistant Attorney General
Attorney for Respondent/Appellee Margaret C. Culpepper, Commissioner,
Tennessee Department of Employment Security.
Robert L. Crossley, LONG, RAGSDALE & WATERS, Knoxville, Tennessee
Attorney for Respondent/Appellee Holiday Inn - Cedar Bluff.
Judge:FARMER
First Paragraph:
Lewis G. Jones appeals the trial court's order affirming the decision
of the Board of Review of the Tennessee Department of Employment
Security to deny Jones' claim for unemployment compensation benefits.
We affirm.
URL:http://www.tba.org/tba_files/TCA/joneslg_opn.WP6
STATE OF TENNESSEE
vs.
JERRY RAY COOPER
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
Robert D. Massey Charles W. Burson
Roger N. Hays Attorney General & Reporter
209 West Madison Street
Pulaski, TN 37160 Daryl J. Brand
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
W. Michael McCown
District Attorney General
Weakley E. Barnard
Assistant District Attorney General
P.O. Box 787
Fayetteville, TN 37334
Judge: SUMMERS
First Paragraph:
The appellant, Jerry Ray Cooper, was indicted for first degree murder
in Lincoln County and pled not guilty based on self defense. In
August 1995, a jury found the appellant guilty of second degree
murder. Judge Charles Lee sentenced the appellant to eighteen years
in the Tennessee Department of Correction.
URL:http://www.tba.org/tba_files/TCCA/cooperjr_opn.WP6
URL:http://www.tba.org/tba_files/TCCA/cooperjr_con.WP6
STATE OF TENNESSEE
vs.
CECIL C. JOHNSON, JR.
Court:TCCA
Attorneys:
FOR THE APPELLANT FOR THE APPELLEE
James F. Sanders Charles W. Burson
Neal & Harwell Attorney General & Reporter
2000 First Union Tower
150 Fourth Avenue North Glenn R. Pruden
Nashville, TN. 37219 Assistant Attorney General
Criminal Justice Division
James G. Thomas 450 James Robertson Parkway
Neal & Hartwell Nashville, TN. 37243-0493
2000 First Union Tower
150 Fourth Avenue North John P Cauley
Nashville, TN. 37219 Assistant Attorney General
450 James Robertson Parkway
George H. Cate, III Nashville, TN. 37243-0493
Neal & Hartwell
2000 First Union Tower Victor S. Johnson, III
150 Fourth Avenue North District Attorney General
Nashville, TN. 37219 Washington Square, Suite 500
222 Second Avenue North
Nashville, TN. 37201-1649
Steve R. Dozier
Assistant District Attorney General
Washington Square, Suite 500
222 Second Avenue North
Nashville, TN. 37201-1649
Judge:BARKER
First Paragraph:
The appellant, Cecil C. Johnson, Jr., appeals the Davidson County
Criminal Court's dismissal of his second post-conviction petition. On
appeal, he contends that: (1) The trial court erred in finding that
the evidence withheld by the prosecution at trial was not material
under Brady v. Maryland; (2) The trial court erred in failing to set
aside the appellant's convictions because the jury instructions at
trial did not properly define the "reasonable doubt" standard; (3) The
trial court erred in failing to set aside the appellant's two
first-degree murder convictions because the jury instructions at trial
improperly merged the "premeditation" and "deliberation" elements of
first degree murder; and (4) The cumulative effect of the claims in
the second post-conviction petition, when viewed together with the
claims previously asserted in the first petition, calls for a new
trial.
URL:http://www.tba.org/tba_files/TCCA/johnsncc_opn.WP6
STATE OF TENNESSEE
vs.
J. B. McCORD
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Dale Clement Potter Charles W. Burson
District Public Defender Attorney General of Tennessee
31st Judicial District and
P.O. Box 510 Christina S. Shevalier
McMinnville, TN 37110 Assistant Attorney General
and Criminal Justice Division
Isaiah S. Gant 450 James Robertson Parkway
c/o Dale Clement Potter Nashville, TN 37243-0493
P.O. Box 510
McMinnville, TN 37110 William Locke
District Attorney General
and
Robert Boyd
Asst District Attorney General
31st Judicial District
P.O. Box 410
McMinnville, TN 37110
Judge:Tipton
First Paragraph:
The defendant, J. B. McCord, appeals as of right from his judgment of
conviction for second degree murder, a Class A felony. The Cumberland
County Circuit Court imposed a sentence of thirty-eight years to be
served in the Department of Correction as a Range II, multiple
offender.
URL:http://www.tba.org/tba_files/TCCA/mccordjb_opn.WP6
STATE OF TENNESSEE
vs.
CHRISTA GAIL PIKE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
WILLIAM C. TALMAN JOHN KNOX WALKUP
P.O. Box 506 Attorney General and Reporter
Knoxville, TN 37901-0506
KATHY MORANTE
JULIE A. MARTIN Assistant Attorney General
P.O. Box 426 425 5th Avenue North
Knoxville, TN 37901-0426 Nashville, TN 37243
RANDALL E. NICHOLS
District Attorney General
WILLIAM CRABTREE
S. JO HELM
Asst District Attorneys General
City-County Building
Knoxville, TN 37902
Judge:WELLES
First Paragraph:
In this capital case, the Defendant, Christa Gail Pike, was convicted
of first degree murder and conspiracy to commit first degree murder.
After the sentencing hearing, the jury found two aggravating
circumstances: (1) That the murder was extremely heinous, atrocious or
cruel in that it involved torture or serious physical abuse beyond
that necessary to produce death; and (2) that the 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. S
39-13-204(i)(5) and (6). The jury found that the State had proven
beyond a reasonable doubt that the aggravating circumstances
outweighed any mitigating circumstances and sentenced the Defendant to
death by electrocution. The Defendant was also sentenced to a
consecutive sentence of twenty-five (25) years for the conspiracy to
commit first degree murder conviction.
URL:http://www.tba.org/tba_files/TCCA/pikecg_opn.WP6
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© Copyright 1998 Tennessee Bar Association - This Issue (IN THIS ORDER):