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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
- 00-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
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
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
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
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
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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