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TBALink Opinion-Flash
January 22, 1998 -- Volume #4 -- Number #014
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
- 00-New Opinons From TSC-Rules
- 01-New Opinons From TSC-Workers Comp Panel
- 03-New Opinons From TCA
- 10-New Opinons From TCCA
- 00-New Opinons From TSC
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George Dean
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
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