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
- 00-New Opinons From TSC-Rules
- 04-New Opinons From TSC-Workers Comp Panel
- 03-New Opinons From TCA
- 09-New Opinons From TCCA
There are three ways to get the full opinion from the Web: (TBALink members only)
TBALink Chief Editor
PAM FENNER vs. D.B.C. ENTERPRISES and TRAVELERS INSURANCE COMPANY Court:TSC - Workers Comp Panel Attorneys: For the Appellant: For the Appellee: D. Scott Turner Terry J. Leonard Thomas F. Preston HICKS AND LEONARD. SPICER , FLYNN & RUDSTROM 900 North Court Square 80 Monroe Avenue P.O. Box 957 Brinkley Plaza Suite 500 Camden, Tennessee 38320 Memphis, Tennessee 38103 2466 Judge:CHILDERS First Paragraph: The trial court granted summary judgment in favor of the defendants for lack of jurisdiction and dismissed the cause with prejudice at the plaintiff's cost. URL:http://www.tba.org/tba_files/TSC_WCP/fennerp_opn.WP6 EDDIE FREEMAN vs. KIMBERLY-CLARK CORPORATION Court:TSC - Workers Comp Panel Attorneys: For Plaintiff: For Defendant: Dixie White Ishee Carol M. Hayden Harkavy, Shainberg, Kosten McDonald Kuhn & Kaplan 80 Monroe Ave., Suite 550 530 Oak Court Dr., Suite 350 Memphis, TN 38173-0160 Memphis, TN 38117 Judge:TOMLIN First Paragraph: This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. S 50-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. The employer, Kimberly-Clark, appeals and contends that the evidence preponderates against the trial court's findings (1) in ordering the extension of temporary total disability benefits through July 1996, and (2) in ordering the defendant to pay the medical expenses and deposition costs resulting from Plaintiff's treatment by and the deposition of Dr. Berry. The panel concludes that the judgment should be modified in part and reversed in part. URL:http://www.tba.org/tba_files/TSC_WCP/freemane_opn.WP6 DORIS HENSLEY vs. LIBERTY NATIONAL LIFE INSURANCE COMPANY Court:TSC - Workers Comp Panel Attorneys: FOR APPELLANT: FOR APPELLEE: Daniel C. Masten David H. Crichton W. H. (Steve) Stephenson, II 111 West Market Street 346 - 21st Avenue North Post Office Box 651 Nashville, TN 37203 Bolivar, TN 38008 Judge:CLARK First Paragraph: This worker's compensation appeal has been referred to the special worker's compensation appeals panel of the Supreme Court in accordance with Tenn. Code Ann. S50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. Defendant employer presents only one issue on appeal: whether the Chancellor erred in attributing the impairment from plaintiff's injury to the body as a whole rather than to a scheduled member (the foot). For the reasons set forth below, we affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TSC_WCP/hensleyd_opn.WP6 MICHAEL A. SMITH vs. CONTINENTAL CASUALTY COMPANY Court:TSC - Workers Comp Panel Attorneys: For Plaintiff: For Defendant: Mr. Thomas K. McAlexander Mr. Kenneth R. Rudstrom and Hill Boren Mr. Thomas F. Preston 1269 N. Highland Ave. Spicer, Flynn and Rudstrom Jackson, TN 38303 80 Monroe Avenue Memphis, TN 38103 Judge:TOMLIN First Paragraph: This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with T.C.A. S 50-6 225(e)(3) for hearing and reporting of findings of fact and conclusions of law. Following a bench trial, the chancellor below found that there was no proof that plaintiff injured his back during the course and scope of his employment, and further found that plaintiff gave his employer no notice of injury. On appeal plaintiff has raised one issue for our consideration: whether the trial court erred in preventing plaintiff from offering proof as to a specific injury and notice of injury by sustaining an objection to certain testimony of plaintiff. In addition, defendant presents one issue: whether the evidence preponderates against the chancellor's finding that plaintiff did not sustain a work-related injury. We find no error and affirm. URL:http://www.tba.org/tba_files/TSC_WCP/smithma_opn.WP6 IN RE: THE ESTATE OF PAUL F. O'NEAL vs. HAYWOOD CLEMENT Court:TCA Attorneys: WILLIAM T. AILOR OF KNOXVILLE FOR APPELLANT LEE E. LEDBETTER OF LENOIR CITY FOR ESTATE OF PAUL F. O'NEAL Judge:Goddard First Paragraph: The origin of this appeal was a claim filed by the Appellant, Haywood Clement, in the Probate Division of the General Sessions Court for Loudon County against the Estate of Paul F. O'Neal in the amount of $2500, to which he contends he is entitled as a result of a "constructive trust established by the deceased." URL:http://www.tba.org/tba_files/TCA/onealp_opn.WP6 BILLIE J. RUSSELL, and BILLIE J. RUSSELL as Administratrix on behalf of Deceased, Robert L. Russell vs. Y. N. PAKKALA, M.D. and BOLIVAR COMMUNITY HOSPITAL Court:TCA Attorneys: For the Plaintiff/Appellant: For the Defendants/Appellees: Charles E. Hodum Marty R. Phillips Mitzi C. Johnson Jackson, Tennessee Collierville, Tennessee Judge:LILLARD First Paragraph: his is a medical malpractice case. The trial court granted the defendants' motion for summary judgment, based on the insufficiency of the affidavits submitted by the plaintiff in opposition to the motion. The plaintiff appeals the trial court's decision. We remand. URL:http://www.tba.org/tba_files/TCA/russellb_opn.WP6 EMMA WHITE SMITH vs. HUBERT SMITH Court:TCA Judge:CRAWFORD First Paragraph: This is a divorce case. Plaintiff, Emma White Smith (Wife) and defendant, Hubert Smith (Husband), were divorced by decree entered May 16, 1997. URL:http://www.tba.org/tba_files/TCA/smithem_opn.WP6 STATE OF TENNESSEE vs. DANNY D. ANDERSON Court:TCCA Judge:SUMMERS First Paragraph: This matter is before the Court upon the state's motion, pursuant to Rule 20, Rules of the Court of Criminal Appeals, to affirm the judgment of the trial court by order rather than formal opinion. The appellant pled guilty on October 9, 1984, to forgery and passing forged papers, third degree burglary and grand larceny, and grand larceny and receiving and concealing stolen property. The appellant received an effective sentence of four years. The appellant did not appeal these convictions. On April 28, 1997, the appellant filed motions in the trial court to expunge the record of these convictions. The trial court dismissed the motions without a hearing. URL:http://www.tba.org/tba_files/TCCA/anderda_ord.WP6 DONNIE EUGENE BENSON vs. STATE OF TENNESSEE Court:TCCA Judge:SMITH First Paragraph: This matter is before the Court upon the appellant's pro se Request to Proceed on the Record Without the Filing of Briefs. The state opposes the motion. The appellant is appealing from the dismissal of his petition for post-conviction relief without a hearing. In finding that the appellant's petition was barred by the statute of limitation, the trial court noted that the appellant pled guilty to one count of aggravated rape on April 13, 1987. No appeal was taken. The trial court held that the petitioner's claims, which did not fall within any of the statutorily recognized exceptions, were barred by the statute of limitation. URL:http://www.tba.org/tba_files/TCCA/bensonde_ord.WP6 AUBREY M. BRIGANCE vs. STATE OF TENNESSEE Court:TCCA Judge:SUMMERS First Paragraph: This matter is before the court upon the state's motion, pursuant to Rule 20, Rules of the Court of Criminal Appeals, to affirm the judgment of the trial court by order rather than formal opinion. On December 4, 1978, the petitioner pled guilty to first degree burglary and was sentenced to five years imprisonment. No appeal was taken. On May 7, 1996, the petitioner filed a petition for post-conviction relief alleging an involuntary guilty plea and ineffective assistance of counsel. Finding that the statute of limitations had expired, the trial court dismissed the petition without a hearing. URL:http://www.tba.org/tba_files/TCCA/brigance_ord.WP6 STATE OF TENNESSEE vs. JAMES FERNANDEZ Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: LIONEL R. BARRETT, JR. JOHN KNOX WALKUP Washington Square Two, Ste. 417 Attorney General & Reporter 222 Second Avenue North Nashville, TN 37201 EUGENE J. HONEA Assistant Attorney General 2nd Floor, Cordell Hull Building 425 Fifth Avenue North Nashville, TN 37243 VICTOR S. JOHNSON, III District Attorney General ROGER MOORE Asst District Attorney General Washington Square, Suite 500 222 Second Avenue South Nashville, TN 37201 Judge:WOODALL First Paragraph: Following a jury trial in Davidson County Criminal Court, James Fernandez, the Defendant, was convicted of one count of attempt to commit premeditated first degree murder and one count of felony murder. He was sentenced by the trial court to eighteen (18) years for the conviction of attempt to commit first degree murder and a life sentence for the conviction of felony murder. The life sentence was ordered to be served consecutively to the first sentence of eighteen (18) years. URL:http://www.tba.org/tba_files/TCCA/ferndezj_opn.WP6 BILLY RAY IRICK vs. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: DOUGLAS A. TRANT JOHN KNOX WALKUP 900 South Gay Street Attorney General & Reporter Ste. 1502, Riverview Tower Knoxville, TN 37902 AMY L. TARKINGTON Assistant Attorney General T. HAROLD PINKLEY 2nd Floor, Cordell Hull Building CHIMBLISS & BAHNER 425 Fifth Avenue North 1000 Tallan Building Nashville, TN 37243-0943 Two Union Square Chattanooga, TN 37402 RANDALL EUGENE NICHOLS District Attorney General ROBERT L. JOLLEY, JR. Asst District Attorney General 400 Main Street P.O. Box 1468 Knoxville, TN 37901 Judge:WOODALL First Paragraph: The Petitioner, Billy Ray Irick, appeals as of right pursuant to Rule 3 of the Tennessee Rules of Appellate Procedure from the denial of his petition for post-conviction relief by the Knox County Criminal Court. He argues that he received the ineffective assistance of counsel, that the state's violation of its duty under Brady v. Maryland warrants a new trial, and that his sentence of death must be put aside because the four aggravating circumstances found by the jury were invalid. URL:http://www.tba.org/tba_files/TCCA/irickbr_opn.WP6 STATE OF TENNESSEE vs. GREG SIMMONS Court:TCCA Attorneys: For Appellant: For Appellee: William D. Massey John Knox Walkup Attorney Attorney General and Reporter 3074 East Street Memphis, TN 38128 Georgia Blythe Felner Counsel for the State 450 James Robertson Parkway Nashville, TN 37243-0493 James Challen Asst District Attorney General Shelby County District Attorney General's Office 201 Poplar Avenue, Third Floor Memphis, TN 38103 Judge:WADE First Paragraph: The defendant, Greg Simmons, pled guilty to two counts of driving on a revoked license, reckless driving, and simple possession of cocaine. For these four Class A misdemeanors, the trial court imposed concurrent sentences of ninety days and fines of $500.00 on each count. The single issue presented for our review is whether the trial court erred by denying probation or an alternative sentence under the Community Corrections Act. We find no error and affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/simmonsg_opn.WP6 STATE OF TENNESSEE vs. DONALD P. SPICER Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: MARVIN E. BALLIN and JOHN KNOX WALKUP MARK A. MESLER (on appeal only) Attorney General & Reporter 200 Jefferson Ave., Suite 1250 Memphis, TN 38103 KENNETH W. RUCKER Asst. Attorney General 450 James Robertson Pkwy. Nashville, TN 37243-0493 WILLIAM L. GIBBONS District Attorney General JENNIFER S. NICHOLS Asst. District Attorney General 201 Poplar Ave. Criminal Justice Ctr --Third Fl. Memphis, TN 38103 Judge:PEAY First Paragraph: The defendant was indicted separately for rape of a child and aggravated sexual battery. The offenses were consolidated for a jury trial at which the defendant was convicted of rape of a child and misdemeanor assault. After a hearing, the lower court sentenced him to eleven months, twenty-nine days on the assault conviction, and to eighteen years incarceration on the rape conviction; he was also fined two thousand five hundred dollars ($2500) on each offense. The sentences were ordered to run concurrently. URL:http://www.tba.org/tba_files/TCCA/spicerdp_opn.WP6 URL:http://www.tba.org/tba_files/TCCA/spicerdp_dis.WP6 STATE OF TENNESSEE vs. ALONZO TONY WATSON Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: PAULA OGLE BLAIR JOHN KNOX WALKUP 176 2nd Ave. N. Attorney General & Reporter Suite 406 Nashville, TN 37201 LISA A. NAYLOR (On appeal) Asst. Attorney General 450 James Robertson Pkwy. GREGORY D. SMITH Nashville, TN 37243-0493 One Public Square Suite 134 JOHN CARNEY Clarksville, TN 37040 District Attorney General (At trial) WILLIAM CLOUD Asst. District Attorney General 204 Franklin St. Suite 200 Clarksville, TN 37040 Judge:PEAY First Paragraph: The defendant was charged with forgery, passing a forged instrument, robbery and evading arrest. A jury convicted him of all but the passing a forged instrument charge, which was dismissed. He was sentenced as a Range II multiple offender to two years incarceration on the forgery conviction; six years incarceration on the robbery; and eleven months, twenty-nine days in the workhouse for evading arrest. In this appeal as of right, the defendant contends that the evidence is insufficient to support his convictions; that the State's proof that he committed the evading arrest offense on January 20, 1995, is at fatal variance with the January 11, 1995, date alleged in the indictment; that the State failed to prove venue; and that the trial court erred in refusing to give certain special jury instructions. Upon our review of the record, we affirm the judgment below. URL:http://www.tba.org/tba_files/TCCA/watsonat_opn.WP6
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