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
- 01-New Opinons From TSC-Workers Comp Panel
- 03-New Opinons From TCA
- 10-New Opinons From TCCA
There are three ways to get the full opinion from the Web: (TBALink members only)
TBALink Chief Editor
JAMES DOLLAR VS. FLORIDA STEEL CORPORATION Court:TSC - Workers Comp Panel Attorneys: FOR APPELLANT: FOR APPELLEE: Jerry O. Potter Ricky L. Boren W. Timothy Hayes, Jr. Jackson, Tennessee Memphis, Tennessee Judge:Ash First Paragraph: This worker's 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) (1996 Supp.) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. In this appeal, the employer, Florida Steel Corporation, contends: (1) that the trial court improperly awarded the plaintiff additional temporary total disability benefits from December 27, 1994 until October 27, 1995, and (2) that the trial court acted improperly in awarding the plaintiff permanent total benefits in the amount of 100% to the body as a whole. URL:http://www.tba.org/tba_files/TSC_WCP/dollarja_opn.WP6 TERESA DAVIS and husband FRANK DAVIS VS. MODINE MANUFACTURING CO., CHRISTOPHER VESTULA and MIKE SWEE Court:TCA Attorneys: DAVID A. STUART, Stuart & Van Riper, Clinton, for Appellants. RALPH A. MORRIS and WENDY L. NUTT, Brittain, Sledz, Morris & Slovak, Chicago, and EDWARD G. PHILLIPS, Kramer, Rayson, Leake, Rodgers & Morgan, Knoxville, for Appellee Modine Manufacturing Co. Judge:McMurray First Paragraph: Plaintiff, Teresa Davis, brought this sexual harassment action against Modine Manufacturing Co. and its employee, Chris Vsetula, alleging unlawful sexual discrimination in violation of the Tennessee Human Rights Act, T.C.A. 4-21-101 et seq. Modine moved for summary judgment upon all claims. The Motion was granted. Vsetula did not move for summary judgment and is not involved in this appeal. The issue presented is whether the chancellor erred in granting Modine summary judgment. We affirm the judgment of the chancellor. URL:http://www.tba.org/tba_files/TCA/davist_opn.WP6 KATHLEEN FERRELL, et al. VS. WALTER REPASS, Executor Court:TCA Attorneys: DOUGLAS R. BEIER OF MORRISTOWN FOR APPELLANT WILLIAM E. PHILLIPS OF ROGERSVILLE FOR APPELLEES Judge:Goddard First Paragraph: This is a suit by Kathleen Ferrell, Alfred Repass, Doris Chapman, Mabel Moore, and Norman Repass, children of Eulice Repass, and Portia Fielder, Debra Hays, Matine Switala, and Ronald Pearce, children of a deceased child of Eulice Repass, seeking to invalidate his will upon the grounds that he was incompetent to make it and that he was unduly influenced by his son, Walter Repass, who was sole Beneficiary under the will. URL:http://www.tba.org/tba_files/TCA/ferrellk_opn.WP6 RESIDENTS AGAINST INDUSTRIAL LANDFILL EXPANSION, INC. (RAILE), PERRY RUSSELL, DON BEAL, BETTY BEAL, GARY LONG and JUDY LONG and DIANNA WILLIAMS VS. DIVERSIFIED SYSTEMS, INC. and WILLIAM T. ALT Court:TCA Attorneys: For Appellant For Appellee William T. Alt GARY A. DAVIS ELIZABETH G. ALT Knoxville, Tennessee Chattanooga, Tennessee For Appellee Diversified Systems, Inc. NO APPEARANCE Judge:Susano First Paragraph: The trial court granted the defendants, Diversified Systems, Inc. ("Diversified") and its attorney, William T. Alt ("Alt"), summary judgment on the complaint for malicious prosecution and abuse of process filed by the plaintiffs, Residents Against Industrial Landfill Expansion, Inc. ("RAILE") and six individuals (collectively, "the plaintiffs"). Dianna Williams ("Williams") is the only plaintiff who has appealed. URL:http://www.tba.org/tba_files/TCA/raile_opn.WP6 STATE OF TENNESSEE VS. JOHNNY LEE BOWMAN Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: RAYMOND C. CONKIN, JR. JOHN KNOX WALKUP 320 Cherokee St., Suite B Attorney General and Reporter Kingsport, TN 37660 ELIZABETH T. RYAN Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243-0493 DOUGLAS DIMOND Legal Assistant GREELEY WELLS District Attorney General EDWARD WILSON Assistant Attorney General P. O. Box 526 Blountville, TN 37617 Judge:SMITH First Paragraph: Appellant Johnny Lee Bowman appeals from a jury verdict rendered on September 12, 1995 in the Sullivan County Criminal Court finding him guilty of aggravated perjury. As a Range III persistent offender, Appellant received a sentence of ten years confinement in the Tennessee Department of Correction. Appellant presents two issues for consideration on this direct appeal: (1) whether claimed memory loss constitutes a retraction of perjured testimony within the meaning of Tenn. Code Ann. S 39-16-704; and (2) whether the evidence is sufficient to sustain Appellant's conviction for aggravated perjury. URL:http://www.tba.org/tba_files/TCCA/bowmanjo_opn.WP6 STEVE CARROLL VS. HOWARD CARLTON, WARDEN Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: STEVE CARROLL, pro se JOHN KNOX WALKUP N.E.C.C. #256046 Attorney General & Reporter P.O. Box 5000 Mountain City, TN 37683 ELIZABETH T. RYAN Assistant Attorney General 2nd Floor, Cordell Hull Building 425 Fifth Avenue North Nashville, TN 37243 DAVID CROCKETT District Attorney General Route 19, Box 99 Johnson City, TN 37601 Judge:WOODALL First Paragraph: The Petitioner, Steve Carroll, appeals as of right the trial court's dismissal of his petition for writ of habeas corpus. Petitioner argues four issues in this pro se appeal: (1) the indictments were defective in that they were not properly signed by the District Attorney; (2) the trial court erred in dismissing the petition before the State's response was filed; (3) the trial court erred in allowing different classes of offenses to be included in the same indictment; and (4) the trial court violated Tenn. Code Ann. S 29-21-108 in failing to grant the writ. We affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/carrolls_opn.WP6 STATE OF TENNESSEE VS. MARK ROBERT CARTER Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: Andrew Jackson Dearing, III John Knox Walkup 117 South Main Street Attorney General & Reporter Suite 101 Shelbyville, TN 37160 Georgia Blythe Felner Counsel for the State 450 James Robertson Parkway Nashville, TN 37243-0493 W. Michael McCown District Attorney General Robert Crigler Asst District Attorney General One Public Square, Suite 100 Shelbyville, TN 37160 Judge:SUMMERS First Paragraph: The appellant, Mark Robert Carter, pled guilty to reckless endangerment and received a sentence of one year and six months in jail. At his sentencing hearing, the appellant requested probation, but his request was denied. He now appeals to this Court. URL:http://www.tba.org/tba_files/TCCA/cartermr_opn.WP6 STATE OF TENNESSEE VS. LINCOLN C. FRENCHELL Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: Gerald L. Melton John Knox Walkup District Public Defender Attorney General & Reporter Jeffrey S. Burton Sarah M. Branch Assistant Public Defender Counsel for the State 201 West Main Street 450 James Robertson Parkway Suite 101, Court Square Bldg. Nashville, TN 37243-0493 Murfreesboro, TN 37130 William C. Whitesell District Attorney General Paul A. Holcombe, III Asst District Atty General Rutherford County Judicial BLDG Murfreesboro, TN 37130 Judge:SUMMERS First Paragraph: The appellant, Lincoln C. Frenchell, pled guilty to theft of property valued over $1000 and received a sentence of two years supervised probation with diversion. However, approximately one month later, the district attorney's office filed a motion to terminate the appellant's diversion because he had misrepresented to the court his lack of a prior criminal record. The appellant has a felony record in New York. Also, while on probation, the appellant violated the conditions of his probation. After a revocation/sentencing hearing, the trial court revoked the appellant's probation and sentenced him to two years in prison. He now appeals that judgment. URL:http://www.tba.org/tba_files/TCCA/frenchel_opn.WP6 TERRENCE S. LIDDLE VS. RICKY BELL, WARDEN Court:TCCA Judge:SMITH First Paragraph: O R D E R This matter is before the Court upon the state's motion requesting that the judgment in the above-styled cause be affirmed pursuant to Rule 20, Tennessee Court of Criminal Appeals Rules. The appellant opposes the motion, and he has filed a motion to submit the case for decision on the record and the appellant's brief. Based on our review, we affirm the judgment of the trial court pursuant to Rule 20. URL:http://www.tba.org/tba_files/TCCA/liddle_ord.WP6 DERRICK RICHARDSON VS. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: ARDENA J. GARTH JOHN KNOX WALKUP District Public Defender Attorney General and Reporter 11th Judicial District ROBIN L. HARRIS DONNA ROBINSON MILLER Asst Attorney General Asst District Public Defender 450 James Robertson Parkway Suite 300 - 701 Cherry St. Nashville, TN 37243 Chattanooga, TN 37402 BILL COX District Attorney General LELAND DAVIS Asst District Atty General City and County Courts Building Chattanooga, TN 37402 Judge:SMITH First Paragraph: Appellant Derrick Richardson appeals the trial court's denial of his petition for post-conviction relief. He presents the following issue for review: whether the trial court erred in finding that Appellant's counsel rendered effective assistance both at trial and on appeal. URL:http://www.tba.org/tba_files/TCCA/richarde_opn.WP6 LONNIE SIMPSON VS. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: DOUGLAS JENKINS JOHN KNOX WALKUP Attorney at Law Attorney General & Reporter P.O. Box 724 Morristown, TN 37814 CLINTON J. MORGAN Assistant Attorney General Criminal Justice Division 450 James Robertson Parkway Nashville, TN 37243-0493 C. BERKELEY BELL, JR. District Attorney General VICTOR VAUGHN Asst. District Attorney General 510 Allison St. Morristown, TN 37814 Judge:WITT First Paragraph: The petitioner, Lonnie Simpson, appeals the Hamblen County Criminal Court's denial of his petition for post-conviction relief. The convictions under attack resulted from Simpson's guilty pleas to two counts of the crime of robbery. In his petition, Simpson claimed he was denied the effective assistance of counsel because his attorney did not adequately investigate his case; therefore, he had no choice but to plead guilty. Following a hearing at which Simpson presented his own testimony as well as that of several witnesses whom he claimed his attorney should have contacted, the lower court found that Simpson's guilty pleas were "intelligently, voluntarily and understandably entered into," rather than being the product of counsel's ineffectiveness. As such, the court dismissed the petition. URL:http://www.tba.org/tba_files/TCCA/simpsonl_opn.WP6 STATE OF TENNESSEE VS. DAVID TAYLOR Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: MARK E. STEPHENS JOHN KNOX WALKUP District Public Defender Attorney General and Reporter PAULA R. VOSS MARVIN E. CLEMENTS, JR. JOHN HALSTEAD Assistant Attorney General Asst Public Defenders 425 5th Avenue North 1209 Euclid Avenue Nashville, TN 37243 Knoxville, TN 37921 RANDALL E. NICHOLS District Attorney General PAULA GENTRY Asst District Attorney General City-County Building Knoxville, TN 37902 Judge:WELLES First Paragraph: The Defendant appeals as of right from the judgment of the trial court which found him to be in violation of the terms of his probation. He argues that the trial judge failed to exercise conscientious judgment and abused his discretion. We disagree and affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/taylorda_opn.WP6 STATE OF TENNESSEE vs. JOHN E. TIDWELL Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: John H. Henderson John Knox Walkup District Public Defender Attorney General & Reporter Elaine B. Beeler Georgia Blythe Felner Assistant Public Defender Counsel for the State P.O. Box 68 450 James Robertson Parkway Franklin, TN 37065-0068 Nashville, TN 37243-0493 Joseph D. Baugh District Attorney General Ronald Davis Asst District Attorney General P.O. Box 937 Franklin, TN 37065 Judge:SUMMERS First Paragraph: The appellant, John E. Tidwell, pled guilty to aggravated burglary and theft of property over $1000 in June 1996. The parties agreed that the defendant would receive a sentence of three years on the aggravated burglary and two years on the theft. The court then sentenced the appellant to serve five years on probation, with seventy-five days to be served in jail and 300 hours of community service work. The appellant was also ordered to pay restitution. URL:http://www.tba.org/tba_files/TCCA/tidwellj_opn.WP6 STATE OF TENNESSEE vs. ROY DALE WAKEFIELD, JR. Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: TOM WHITESIDE JOHN KNOX WALKUP Attorney at Law Attorney General & Reporter 172 Second Ave. N. Ste. 214 Nashville, TN 37201 ELIZABETH B. MARNEY Assistant Attorney General Criminal Justice Division 450 James Robertson Parkway Nashville, TN 37243-0493 VICTOR S. JOHNSON, III District Attorney General NICK BAILEY Asst District Atty General 222 Second Ave North, Ste. 500 Nashville, TN 37201-1649 Judge:WITT First Paragraph: The defendant, Roy Dale Wakefield, Jr., appeals his conviction of aggravated robbery and attempted aggravated robbery. His conviction resulted from a jury trial in the Davidson County Criminal Court. A Range I offender, Wakefield was given an effective eleven year sentence, which he is serving in the Department of Correction. URL:http://www.tba.org/tba_files/TCCA/wakefiel_wpd.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