TBALink Opinion-Flash

April 3, 1998 -- Volume #4 -- Number #060

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
02-New Opinons From TSC-Rules
01-New Opinons From TSC-Workers Comp Panel
00-New Opinons From TCA
02-New Opinons From TCCA

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George Dean
TBALink Chief Editor


HUBERT R. SCOTT
vs.
KIMBERLY-CLARK CORPORATION

Court:TSC - Workers Comp Panel

Attorneys:

For the Appellant:              For the Appellee:

McDonald Kuhn                   John E. Dunlap
Carol Mills Hayden              1433 Poplar Avenue
80 Monroe Avenue                Memphis, TN  38104
Suite 550
P.O. Box 3160
Memphis, TN  38173-0160
                          
Judge:BYERS

First Paragraph:

In this case, the trial court found that the plaintiff suffered an
injury to his back during the course and scope of his employment with
the defendant.  The trial court awarded the plaintiff 25 percent
permanent partial disability to the body as a whole for the injury to
the lumbar spine.  The trial court also determined that the
plaintiff's claim for the alleged hernia injury was not compensable
under Tenn. Code Ann.       S 50-6-212(a).

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

IN RE:  PETITION OF THE TENNESSEE   
COMMISSION ON CONTINUING LEGAL  
EDUCATION AND SPECIALIZATION        
TO AMEND TENNESSEE SUPREME      
COURT RULE 21                    

Court:TSC - Rules
                       
Judge:Anderson

First Paragraph:

The Tennessee Commission on Continuing Legal Education and
Specialization has petitioned the Court to amend Supreme Court Rule 21
to modify and expand various provisions relative to the duties of the
Commission and to the methods by which CLE credit may be earned.

URL:http://www.tba.org/tba_files/TSC_RULES/scrule21_ord.WP6
Opinion-Flash

                    SUPREME COURT OF TENNESSEE
                STATE LIST FOR PERMISSION TO APPEAL
                 March 30, 1998, 2:00 P.M. Release                                  
                
Court:TSC - Rules
                    
URL:http://www.tba.org/tba_files/TSC_RULES/statelst25_330.WP6
Opinion-Flash

JASON L. JENNINGS
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:

FOR THE APPELLANT:          FOR THE APPELLEE:

W. RAY CULP                 JOHN KNOX WALKUP
439 Battle Ave.             Attorney General & Reporter
Franklin, TN 37064
                            DARYL J. BRAND
                            Assistant Attorney General
                            Criminal Justice Division
                            450 James Robertson Parkway
                            Nashville, TN 37243-0493    

                            VICTOR S. JOHNSON, III
                            District Attorney General
                
                            KATRIN NOWAK MILLER
                            TOM THURMAN
                            Asst District Attorney Generals
                            Washington Square, Suite 500
                            222 2nd Ave. N.
                            Nashville, TN 37201-1649
                          
Judge:WITT

First Paragraph:

Jason L. Jennings, the petitioner, appeals pursuant to Rule 3 of the 
Tennessee Rules of Criminal Procedure from the trial court's dismissal
of his petition for post-conviction relief.  He contends that the
application of the statute of limitations as found in Tennessee Code
Annotated section 40-30-202 violates Article 1, Section 20 of the
Tennessee Constitution.   The petitioner also contends that the trial
court erred in finding that his attorney had provided effective
assistance of counsel and that he knowingly and voluntarily entered
his guilty plea.

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

STATE OF TENNESSEE
vs.
MATTHEW C. WELKER

Court:TCCA

Attorneys:

FOR THE APPELLANT:          FOR THE APPELLEE:

MICHAEL J. LOVE             JOHN KNOX WALKUP
215 South Second Street     Attorney General and Reporter
Clarksville, TN 37040
                            LISA A. NAYLOR
                            Assistant Attorney General
                            425 Fifth Avenue North
                            Nashville, TN 37243

                            JOHN CARNEY
                            District Attorney General

                            ARTHUR BIEBER
                            Asst District Attorney General
                            204 Franklin Street, Suite 200
                            Clarksville, TN 37040                          

Judge:WELLES

First Paragraph:

The Defendant, Matthew C. Welker, appeals as of right pursuant to Rule
3 of the Tennessee Rules of Appellate Procedure.  He was convicted by
a Montgomery County jury of voluntary manslaughter.  The trial court
sentenced him to six years imprisonment with the Department of
Correction as a Range I, standard offender.  The trial court also
imposed a fine of five thousand dollars ($5000) and ordered the
Defendant to pay restitution in the amount of nine thousand six
hundred dollars ($9600).  In this appeal, the Defendant argues that
the trial court erred by failing to grant probation, that his sentence
is excessive, and that the trial court erred in imposing restitution
with a sentence of confinement.  After reviewing the record, we
conclude that only the Defendant's third issue has merit. 
Accordingly, we affirm the sentence of confinement but must reverse
the order of restitution.

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

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