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.
- 05-New Opinons From TSC
- 00-New Opinons From TSC-Rules
- 00-New Opinons From TSC-Workers Comp Panel
- 00-New Opinons From TCA
- 04-New Opinons From TCCA
There are three ways to get the full opinion from the Web: (TBALink members only)
TBALink Chief Editor
WILLIAM E. CUNNINGHAM, Administrator of the Estate of ROBERT W. CUNNINGHAM, SR., and ROBERT W. CUNNINGHAM, JR. vs. SHELTON SECURITY SERVICES, INC., and EMPLOYERS INSURANCE OF WAUSAU Court:TSC Attorneys: For Appellants: For Appellees: TERRY R. CLAYTON H. MICHAEL BENNETT Nashville, TN Nashville, TN Judge:BIRCH First Paragraph: In this worker's compensation case, the trial court granted the deceased employee's representative ("petitioner") permission to file an application for interlocutory appeal under Tenn. R. App. P. 9. We granted the application in order to determine whether the trial court erred in ruling that the remains of the employee be exhumed and autopsied. Upon careful review of the record, we find that the employer, Shelton Security Service, Inc., and its insurance carrier, Employers Insurance of Wausau ("respondents"), failed to make a timely request for an autopsy after obtaining reasonable notice of its necessity. Thus, they are not entitled to exhume and autopsy the remains of the deceased employee. URL:http://www.tba.org/tba_files/TSC/cunningr_opn.WP6 WILLIAM A. HALL AND BEEF TRANSPORT, INC. vs. TENNESSEE DRESSED BEEF CO. AND RICHARD N. HALL and WILLIAM A. HALL, DERIVATIVELY ON BEHALF OF TENNESSEE DRESSED BEEF CO. vs. RICHARD N. HALL Court:TSC Attorneys: For Plaintiffs- Appellees-Appellant For Defendants- Appellants Appellees: Jeffrey A. Greene John S. Hicks Alvin L. Harris Darwin A. Hindman, III Greene & Greene Brigid T. Miller Nashville Baker, Donelson, Bearman & Caldwell Nashville Judge:REID First Paragraph: This case presents appeals by all parties from the decision of the Court of Appeals affirming in part and reversing in part the order of the trial court granting summary judgment in favor of the defendants on all issues. The decisions granting summary judgment are reversed and the case is remanded. URL:http://www.tba.org/tba_files/TSC/hallwa_opn.WP6 STATE OF TENNESSEE vs. DAVID WILLARD PHIPPS, JR. Court:TSC Attorneys: FOR STATE OF TENNESSEE FOR DAVID WILLARD PHIPPS, JR. John Knox Walkup Lionel R. Barrett, Jr. Attorney General & Reporter Nashville, Tennessee Michael E. Moore Jacob M. Dickinson, IV Solicitor General Memphis, Tennessee Kathy Morante, Deputy Attorney General Criminal Justice Division Lisa A. Naylor, Assistant Attorney General Nashville, Tennessee Robert "Gus" Radford District Attorney General Huntingdon, Tennessee Judge:DROWOTA First Paragraph: In this appeal, we must determine whether the State's decision to pursue the death penalty, following the defendant's successful appeal of his conviction for which the death penalty originally was not sought, gives rise to a rebuttable presumption of prosecutorial vindictiveness. After carefully considering the relevant legal principles, we conclude that the rebuttable presumption of vindictiveness applies in this case. Because the State had no opportunity, during the hearing on the motion to strike, to introduce proof to overcome the presumption, we reverse the decision of the Court of Criminal Appeals upholding the trial court's order striking the State's notice of intent to seek the death penalty and remand this cause to the trial court for a hearing in which the State shall bear the burden of demonstrating by clear and convincing evidence that the presumption of vindictiveness has been overcome. If, after hearing the proof presented, the trial court is satisfied that the presumption has been overcome, the State may seek the death penalty in this case. URL:http://www.tba.org/tba_files/TSC/phippsdw_opn.WP6 URL:http://www.tba.org/tba_files/TSC/phippsdw_con.WP6 STATE OF TENNESSEE vs. DAVID E. WALTON, JR. Court:TSC Attorneys: For Appellant: For Appellee: W. MARK WARD JOHN KNOX WALKUP Memphis, TN Attorney General and Reporter MICHAEL E. MOORE Solicitor General Nashville, TN CLAYBURN L. PEEPLES District Attorney General Trenton, TN Judge:BIRCH First Paragraph: We granted the application for review filed by David E. Walton, Jr., the defendant, in order to address issues pertinent to the sentences imposed. In our review, however, we notice as plain error the failure of the State to properly elect offenses, which resulted in violation of the defendant's right to jury unanimity. Accordingly, for the reasons outlined below, we reverse the convictions and vacate the sentences imposed. The cause is remanded to the trial court for further proceedings consistent with this opinion. URL:http://www.tba.org/tba_files/TSC/waltond_opn.WP6 DAVID ELZEY vs. STATE OF TENNESSEE Court:TCCA Attorneys: For Appellant: For Appellee: David Elzey, Pro Se John Knox Walkup NECC # 10095 Attorney General and Reporter P.O. Box 5000 Mountain City, TN 37683 Peter M. Coughlan Assistant Attorney General 425 Fifth Avenue North Second Floor, Cordell Hull Bldg Nashville, TN 37243-0493 David E. Crockett District Attorney General Route 19, Box 99 Johnson City, TN 37601 Judge:WADE First Paragraph: The petitioner, David Elzey, filed a petition for habeas corpus relief which was denied by the trial court. In this appeal of right, the petitioner complains that an extension of his release eligibility date by twenty percent pursuant to the policy 502.02 of the Department of Correction constituted cruel and unusual punishment contrary to the state and federal constitutions, a violation of the ex post facto clause of the state and federal constitutions, and an unauthorized exercise of administrative authority. URL:http://www.tba.org/tba_files/TCCA/elzeyd_opn.WP6 RANDY HENSLEY vs. STATE OF TENNESSEE Court:TCCA Attorneys: For Appellant: For Appellee: Randy Hensley, Pro Se John Knox Walkup # 099477 NECC Attorney General and Reporter P.O. Box 5000 Mountain City, TN 37683 Michael J. Fahey, II Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243-0493 David E. Crockett District Attorney General Route 19, Box 99 Johnson City, TN 37601 Judge:WADE First Paragraph: The petitioner, Randy Hensley, appeals the trial court's denial of his petition for habeas corpus relief. The single issue presented for review is whether his indictments for robbery and assault with intent to commit murder, both of which led to convictions, were void for the failure to include all of the essential elements of the crime. In particular, the petitioner argues that his indictments failed to assert the requisite mens rea. It is the contention of the petitioner that, due to the faulty indictments, the trial court lacked jurisdiction to enter a conviction or impose a sentence. URL:http://www.tba.org/tba_files/TCCA/hensleyr_opn.WP6 OLEN EDWARD HUTCHISON vs. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: CHRISTOPHER VAN RIPER JOHN KNOX WALKUP STUART & VAN RIPER Attorney General & Reporter 300 Market Street Clinton, TN 37716 JOHN P. CAULEY Assistant Attorney General 2nd Floor, Cordell Hull Building 425 Fifth Avenue North Nashville, TN 37243-0943 WILLIAM PAUL PHILLIPS District Attorney General MICHAEL O. RIPLEY Assistant District Attorney General P.O. Box 323 Jacksboro, TN 37757 Judge:WOODALL First Paragraph: The Petitioner, Olen Edward Hutchison, appeals as of right from the trial court's dismissal of his second petition for post-conviction relief. The dismissal followed argument by both parties on the State's motion to dismiss. The trial court allowed both parties to argue the merits of the State's motion to dismiss, but no evidence was submitted by either side at the hearing. We affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/htchsnoe_opn.WP6 BRUCE C. SLATER vs. STATE OF TENNESSEE Court:TCCA Attorneys: For Appellee: For Appellant: Allen E. Schwartz John Knox Walkup 603 Main Street Attorney General and Reporter Suite 405 Knoxville, TN 37902 Marvin E. Clements, Jr. Assistant Attorney General Aubrey Davis 450 James Robertson Parkway Assistant Public Defender Nashville, TN 37243-0493 1209 Euclid Avenue Knoxville, TN 37921 Marsha Selecman Asst District Attorney General City-County Building, Suite 168 400 Main Street Knoxville, TN 37902-2405 Judge:WADE First Paragraph: The state appeals from a judgment by the trial court reducing the sentence of petitioner, Bruce Slater. In 1987, the petitioner committed bank robbery. He was sentenced in 1991. The petitioner sought relief from the length of his sentence through the Post-Conviction Procedure Act. The primary issue presented for our review is whether the petitioner should have been sentenced under the 1982 Sentencing Act or the 1989 Sentencing Act. A secondary issue relates to procedure and jurisdiction. We reverse the judgment of the trial court and remand the cause for a recalculation of the sentence. URL:http://www.tba.org/tba_files/TCCA/slaterbc_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