TBALink Opinion-Flash

March 16, 1998 -- Volume #4 -- Number #048

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):
02-New Opinons From TSC
00-New Opinons From TSC-Rules
02-New Opinons From TSC-Workers Comp Panel
00-New Opinons From TCA
05-New Opinons From TCCA

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George Dean
TBALink Chief Editor


IN RE: FRANCIS E. DICHTEL

Court:TSC

Attorneys:

For Francis E. Dichtel:         For Board of Professional
                                Responsibility:

Francis E. Dichtel, Pro Se      Sandra Leach Garrett
Memphis, Tennessee              Nashville, Tennessee
                          
Judge:ANDERSON

First Paragraph:

This case arose out of a petition for order of contempt filed in this
Court by the Board of Professional Responsibility against Francis E.
Dichtel.  The petition alleged that Dichtel violated an order of
suspension previously entered by this Court by failing to comply with
Tenn. Sup. Ct. R. 9, S 18, which requires that suspended attorneys
notify clients of the suspension, withdraw from pending cases, and
refrain from accepting new cases.

URL:http://www.tba.org/tba_files/TSC/dichtelf_opn.WP6
Opinion-Flash

GREG SWAFFORD, M.D.
vs.
ROBERT G. "GREG" HARRIS, and    
DARRELL R. RYLAND,          
Individually and "P.C."

Court:TSC

Attorneys:

For Plaintiff-Appellee:         For Defendant-Appellant, Harris:
William J. Simmons              William L. Bomar    
Memphis, Tennessee              GLANKLER BROWN, PLLC
                                Memphis, Tennessee              

                                For Defendant-Appellant, Ryland:
                                George T. Lewis, III
                                Bradley E. Trammell
                                BAKER, DONELSON, BEARMAN &                         
                                CALDWELL
                                Memphis, Tennessee 


FOR AMICUS CURIAE,              FOR AMICUS CURIAE, TENNESSEE
TENNESSEE MEDICAL               DEFENSE LAWYERS ASSOCIATION:
ASSOCIATION:                    Dale H. Tuttle
Marc E. Overlock                Memphis, Tennessee
Nashville, Tennessee
                          
Judge:ANDERSON

First Paragraph:

The United States District Court for the Western District of Tennessee
has certified the following questions to this Court pursuant to Rule
23 of the Tennessee Supreme Court.

URL:http://www.tba.org/tba_files/TSC/swafford_opn.WP6
Opinion-Flash

SHARON ABBOTT
vs.  
SATURN CORPORATION

Court:TSC - Workers Comp Panel

Attorneys: 

For Appellant:                       For Appellee:

Daniel L. Clayton                    Thomas H. Peebles
Kinnard, Clayton & Beveridge         Waller, Lansden, Dortch & Davis
Nashville, Tennessee                 Columbia, Tennessee
                         
Judge:Loser

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. section 50-6-225(e)(3) for hearing and reporting
of findings of fact and conclusions of law.  Fairly stated the issue
raised by the employee or claimant, Abbott, is that the evidence
preponderates against the trial court's finding that her permanent
disability is not causally connected to her work-related injury.  As
discussed below, the panel has concluded the judgment should be
reversed.

URL:http://www.tba.org/tba_files/TSC_WCP/abbottsh_opn.WP6
Opinion-Flash

JIMMY DALE SHELTON
vs.                                    
THE TORRINGTON COMPANY d/b/a/ 
INGERSOLL RAND

Court:TSC - Workers Comp Panel

Attorneys:

For Appellant:                               For Appellee:

J. Michael Morgan                            Tracy W. Moore
Ortale, Kelley, Herbert & Crawford           Moore & Peden
Nashville, Tennessee                         Columbia, Tennessee
                          
Judge:Loser

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. section 50-6-225(e)(3) for hearing and reporting
of findings of fact and conclusions of law.  The employer contends the
evidence preponderates against any award of benefits for a claimed
occupational disease because (1) the claim is barred by the applicable
statute of limitations, (2) the claimant failed to give timely written
notice of his claim, (3) the disease did not arise out and in the
course of employment, (4) the claimant is not permanently disabled or,
if he is, the award of permanent disability benefits is excessive, and
(5) the defendant is not the employer for which the claimant was
working at the time of the last injurious exposure.  As discussed
below, the panel has concluded the judgment should be reversed and the
case dismissed.

URL:http://www.tba.org/tba_files/TSC_WCP/sheltonj_opn.WP6
Opinion-Flash

WILLIAM E. BEARD
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:

FOR THE APPELLANT:              FOR THE APPELLEE:

Mark A. Mesler                  John Knox Walkup
Attorney at Law                 Attorney General & Reporter
200 Jefferson Ave., Ste 1250    425 Fifth Avenue, North
Memphis, TN  38103              Nashville, TN  37243-0493

                                Elizabeth T. Ryan
                                Asst Attorney General
                                425 Fifth Avenue, North
                                Nashville, TN  37243-0493

                                William L. Gibbons
                                District Attorney General
                                201 Poplar Avenue, Suite 3-01
                                Memphis, TN  38103

                                Daniel S. Byer
                                Asst District Attorney General
                                201 Poplar Avenue, Suite 3-01
                                Memphis, TN  38103
                          
Judge:Jones

First Paragraph:

The appellant, William E. Beard (petitioner), appeals as of right from
a judgment of the trial court dismissing his post-conviction action
following an evidentiary hearing.  The trial court found the
petitioner had received the effective assistance of counsel guaranteed
by the United States and Tennessee Constitutions.  In this court, the
petitioner contends the evidence contained in the record preponderates
against the findings of the trial court in two particulars:  (a) trial
counsel "failed to prepare, develop and discuss a trial strategy with
him," and (b) "trial counsel's efforts at trial failed to employ any
strategy that did exist."  After a thorough review of the record, the
briefs submitted by the parties, and the law governing the issues
presented for review, it is the opinion of this court that the
judgment of the trial court should be affirmed.

URL:http://www.tba.org/tba_files/TCCA/beardwe_opn.WP6
Opinion-Flash

SYLVESTER L. FARMER
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys: 

FOR THE APPELLANT:

JOSEPH S. OZMENT
217 Exchange Avenue
Memphis, Tennessee 38105
FOR THE APPELLEE:

JOHN KNOX WALKUP
Attorney General and Reporter

CLINTON J. MORGAN
Assistant Attorney General
Cordell Hull Building, 2nd Floor
425 Fifth Avenue North
Nashville, TN  37243-0493

WILLIAM L. GIBBONS
District Attorney General

LORRAINE CRAIG
Assistant District Attorney General
201 Poplar Avenue, Suite 301
Memphis, Tennessee 38103                         

Judge:SMITH

First Paragraph:

The petitioner, Sylvester Farmer, appeals the order of the trial court
dismissing his petition for post-conviction relief.  The petitioner
alleged ineffective assistance of counsel at both the trial and
appellate levels.  The trial court found the petitioner did not meet
his burden of proof regarding the deficient performance of either
trial or appellate counsel.  The judgment of the trial court is
affirmed.

URL:http://www.tba.org/tba_files/TCCA/farmersl_opn.WP6
Opinion-Flash

STATE OF TENNESSEE
vs.
SHARON MELTON

Court:TCCA

Attorneys:

For the Appellant:                  For the Appellee:

John Knox Walkup                    Jerre M. Hood
Attorney General and Reporter       124 First Avenue, NW
                                    Winchester, TN 37398
                                    (In trial court)
Daryl J. Brand                  
Assistant Attorney General          H. Thomas Parsons
425 Fifth Avenue North              Parsons, Nichols & Johnson
Nashville, TN 37243-0493            101 West Main Street
                                    Manchester, TN 37355
James Michael Taylor                (On appeal)
District Attorney General

Steven M. Blount
Assistant District Attorney
324 Dinah Shore Blvd.
Winchester, TN 37398                          

Judge:BARKER

First Paragraph:

The State appeals the order of the Franklin County Circuit Court
releasing City Bonding Company, d/b/a A-1 Bonding Company (hereinafter
"City Bonding"), from its obligation on the defendant's appearance
bond.  The sole issue on appeal is whether a surety remains obligated
on an appearance bond while the defendant is serving a sentence on
Community Corrections.  We affirm the judgment of the trial court.

URL:http://www.tba.org/tba_files/TCCA/meltonsm_opn.WP6
Opinion-Flash

STATE OF TENNESSEE
vs.
CHERYL D. SUDDUTH

Court:TCCA

Attorneys:

FOR THE APPELLANT:              FOR THE APPELLEE:

Coleman W. Garrett              John Knox Walkup
Attorney at Law                 Attorney General & Reporter
200 Jefferson Ave., Ste 850     425 Fifth Avenue, North
Memphis, TN 38103               Nashville, TN 37243-0493
(Appeal Only)
                                Clinton J. Morgan
Gerald S. Green                 Counsel for the State
Attorney at Law                 425 Fifth Avenue, North
147 Jefferson Ave., Ste 714     Nashville, TN 37243-0493
Memphis, TN 38103
(Trial Only)                    William L. Gibbons
                                District Attorney General
                                201 Poplar Avenue, Suite 3-01
                                Memphis, TN 38103

                                Jamey S. Kaplan
                                Asst District Attorney General
                                201 Poplar Avenue, Suite 3-01
                                Memphis, TN 38103

                                Charles W. Bell
                                Asst District Attorney General
                                201 Poplar Avenue, Suite 3-01
                                Memphis, TN 38103
                          

Judge:Jones

First Paragraph:

The appellant, Cheryl D. Sudduth (defendant), was convicted of forgery
in excess of $10,000, a Class C felony, following her plea of guilty
to the offense.  The trial court, finding the defendant to be a
standard offender, imposed a Range I sentence consisting of a $1,000
fine and confinement for four (4) years in the Shelby County
Correctional Center.  The trial court suspended the defendant's
sentence and placed her on probation for a period of five (5) years. 
In this court, the defendant contends the trial court abused its
discretion by refusing to grant her judicial diversion.  After a
thorough review of the record, the briefs submitted by the parties,
and the law governing the issue presented for review, it is the
opinion of this court that the judgment of the trial court should be
affirmed.

URL:http://www.tba.org/tba_files/TCCA/sudduthc_opn.WP6
Opinion-Flash

REGINALD D. TUTTON
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys: 

FOR THE APPELLANT:

A. C. WHARTON, JR.
Shelby County Public Defender

WALKER GWINN (on appeal)
CHARLES D. WRIGHT (at hearing)
Assistant Public Defenders
Criminal Justice Complex, Ste. 201
201 Poplar Street
Memphis, TN  38103-1947

FOR THE APPELLEE:

JOHN KNOX WALKUP
Attorney General and Reporter

CLINTON J. MORGAN
Assistant Attorney General
Cordell Hull Building, 2nd Floor
425 Fifth Avenue North
Nashville, TN  37243-0493

WILLIAM L. GIBBONS
District Attorney General

CHARLES W. BELL, JR.
Assistant District Attorney General
Criminal Justice Complex
Suite 301
201 Poplar Street
Memphis, TN  38103-1947                         

Judge:SMITH

First Paragraph:

The petitioner, Reginald D. Tutton, appeals the denial of his petition
for post-conviction relief by the Criminal Court of Shelby County. 
Petitioner is serving consecutive sentences of 35 years and 12 years
for the offenses of attempted first degree murder and rape,
respectively.

URL:http://www.tba.org/tba_files/TCCA/tuttonr_opn.WP6

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