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.
- 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)
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
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