TBALink Opinion-Flash

March 24, 1998 -- Volume #4 -- Number #054

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

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George Dean
TBALink Chief Editor


STATE OF TENNESSEE
vs.
RONNIE MICHAEL CAUTHERN,

Court:TSC

Attorneys:

For Appellant:                  For Appellee:
Hugh R. Poland, Jr.             John Knox Walkup
POLAND & POLAND                 Attorney General & Reporter
Clarksville, Tennessee          
                                Michael E. Moore
Robert T. Bateman               Solicitor General
BATEMAN, BATEMAN
  & DARNELL, P.C.               John P. Cauley
Clarksville, Tennessee          Assistant Attorney General
                                Nashville, Tennessee

                                At Trial:
                                Clayburn Peeples
                                District Attorney General
                                Trenton, Tennessee

                                John Carney
                                District Attorney General
                                Clarksville, Tennessee

                                Steve Garrett
                                Assistant District Attorney
                                Clarksville, Tennessee
                          
Judge:ANDERSON

First Paragraph:

This case is before the Court for automatic review of the Court of
Criminal Appeals' affirmance of a conviction for first-degree murder
and a sentence of death imposed upon the defendant, Ronnie M.
Cauthern, in a Gibson County resentencing hearing.  In addition to the
death sentence imposed for the murder of Rosemary Smith, the jury
returned a life sentence for the murder of Patrick Smith.  In imposing
the death sentence, the jury found that the evidence of one
aggravating circumstance, "[t]he murder was especially heinous,
atrocious or cruel in that it involved torture or serious physical
abuse beyond that necessary to produce death," outweighed the evidence
of mitigating circumstances beyond a reasonable doubt.  See Tenn. Code
Ann. S 39-13-204(g) and (i)(5)(1991).

URL:http://www.tba.org/tba_files/TSC/cauthern_opn.WP6
URL:http://www.tba.org/tba_files/TSC/cauthern_con.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

JANET L. BROOKS
vs.
LEAR SEATING CORPORATION

Court:TSC - Workers Comp Panel

Attorneys:

For the Appellants:                     For the Appellee:
Jeffrey C. Taylor                       James M. Davis
Wimberly Lawson Norton & Luhn, PLLC     214 North Jackson Street
Liberty Center                          Morristown, Tennessee 37814
929 West First North Street 
Post Office Box 1066
Morristown, Tennessee 37816-1066
                          
Judge:KILCREASE

First Paragraph:

In this appeal, the employer, Lear Seating Corporation, contends that
the trial court erred in  awarding the employee, Janet L. Brooks,
workers' compensation benefits based upon the court's finding that she
suffered from "reflex sympathetic dystrophy or some psychiatric
symptoms."  The employer contends further that the trial court erred
in determining the period of time in which the employee was eligible
to for temporary total disability benefits.  Finally, the employer
challenges as excessive the trial court's award of permanent partial
disability benefits based on a vocational disability rating of 85% to
the body as a whole.

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

RICHARD KEVIN McCULLERS
vs.
COLONIAL WOOD PRODUCTS, INC.

Court:TSC - Workers Comp Panel

Attorneys:

For the Appellants:                 For the Appellee:
Debra L. Fulton                     Jimmy W. Bilbo
John B. Dupree                      LOGAN,THOMPSON,MILLER 
FRANTZ, McCONNELL & SEYMOUR, LLP    BILBO, THOMPSON and FISHER, P.C. 
P.O. Box 39                         30 Second Street
Knoxville, Tennessee 37901          P.O. Box 191
                                    Cleveland, Tennessee 37364-0191
                          
Judge:KILCREASE

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. 50-6 225(e)(3) for hearing and reporting of
findings of fact and conclusions of law.    In this appeal, the
defendant, Colonial Wood Products, Inc., challenges the trial court's
finding that the plaintiff's sciatic nerve injury was caused by his
on-the-job accident.

URL:http://www.tba.org/tba_files/TSC_WCP/MCCULLR_OPN.WP6

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