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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
- 02-New Opinons From TSC
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version of the opinion.
- Click the URL Link at end of each Opinion paragraph below. This option will allow you to download the original WP 6.0 document.
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
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
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
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
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
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
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
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
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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