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

There are three ways to get the full opinion from the Web: (TBALink members only)

  • Do a key word search in the Search Link area of TBALink.This option will allow you to view and save a plain text version of the opinion.

  • *NEW* Browse the Opinion List area of TBALink. This option will allow you to download the original 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


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
Opinion-Flash

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
Opinion-Flash


                        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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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

Feel free to forward this Opinion-Flash on to any attorney you know of with an internet address, who is not a TBALink member. To Join TBALink - Http://www.tba.org/join.html/

Would you like to receive the TBALink Opinion-Flash each day via e-mail?
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type: SUBSCRIBE
3) Leave the body of the message blank

Non TBA members are WELCOME to subscribe...it's free!!

Would you like to STOP receiving the TBALink Opinion-Flash?
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type: UNSUBSCRIBE
3) Leave the body of the message blank


© Copyright 1998 Tennessee Bar Association