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TBALink Opinion-Flash
April 15, 1998 -- Volume #4 -- Number #066
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
- 00-New Opinons From TSC-Rules
- 02-New Opinons From TSC-Workers Comp Panel
- 00-New Opinons From TCA
- 03-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
WILLIAM R. CROSS vs. MAHLE, INC. and DINA TOBIN, Director of Workers Compensation Division, Department Labor, as Custodian of the Second Injury Fund, and CHARLES W. BURSON, Attorney General of Tennessee, Court:TSC - Workers Comp Panel Attorneys: For Appellant: For Appellee, Mahle, Inc.: C. Edward Daniel James T. Shea, IV Whelchel, May & Daniel Baker, McReynolds, Byrne, O'Kane, Knoxville, Tennessee Shea & Townsend For Appellee, Second Injury Fund: John Knox Walkup Attorney General and Reporter Sandra E. Keith Assistant Attorney General Nashville, 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 employee contends the evidence preponderates against the trial court's finding that his heart attack was not a compensable injury by accident under the workers' compensation laws of Tennessee. As discussed below, the panel has concluded the judgment should be affirmed. URL:http://www.tba.org/tba_files/TSC_WCP/crosvmah_doc.WP6
HOWARD F. STANLEY
vs.
SOUTH CENTRAL BELL
Court:TSC - Workers Comp Panel
Attorneys:
For the Appellant: For the Appellee:
Carl R. Ogle, Jr. Reggie E. Keaton
P. O. Box 129 P. O. Box 39
Jefferson City, TN 37760 Knoxville, TN 37901
Judge:INMAN
First Paragraph:
The plaintiff filed a "Petition to Reopen" a workers' compensation
case wherein the judgment was affirmed by the Supreme Court on March
26, 1990.
URL:http://www.tba.org/tba_files/TSC_WCP/stanley_wc3.WP6
STATE OF TENNESSEE
vs.
JOHNNY O. CLARK
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Tony N. Brayton John Knox Walkup
Asst. Public Defender Attorney General and Reporter
201 Poplar, Suite 2-01
Memphis, TN 38103 Elizabeth T. Ryan
Assistant Attorney General
Criminal Justice Division
AC Wharton, Jr. 450 James Robertson Parkway
District Public Defender Nashville, TN 37243-0493
William L. Gibbons
District Attorney General
Edgar A. Peterson
Asst. District Attorney General
Criminal Justice Complex
Suite 301, 201 Poplar Street
Memphis, TN 38103
Judge:Hayes
First Paragraph:
The appellant, Johnny O. Clark, was found guilty by a Shelby County
jury of premeditated first degree murder. He was subsequently
sentenced to a term of life imprisonment in the Department of
Correction. In this appeal as of right, the appellant contends that
the evidence is insufficient to support his conviction.
URL:http://www.tba.org/tba_files/TCCA/clarkjo_opn.WP6
STATE OF TENNESSEE
vs.
ALICE COLLINS
Court:TCCA
Attorneys:
For Appellant: For Appellee:
Ethel P. Laws, Attorney John Knox Walkup
Office of the Public Defender Attorney General and Reporter
Third Judicial District
1609 College Park Drive Janis L. Turner
Box 11 Counsel for the State
Morristown, TN 37813-1618 Criminal Justice Division
Cordell Hull Bldg, Second Fl
425 Fifth Avenue North
Nashville, TN 37243-0493
Victor Vaughn
Asst District Atty General
510 Allison Street
Morristown, TN 37814
Judge:WADE
First Paragraph:
The defendant, Alice Collins, was found guilty of driving under the
influence, third offense, and driving on a revoked license, second
offense. The trial court imposed concurrent eleven-month,
twenty-nine-day sentences with release eligibility after service of
seventy-five percent of the sentences. The trial court imposed a fine
of $1,110.00 for driving under the influence and $500.00 for driving
on a revoked license. The defendant's driver's license was suspended
for five years and her vehicle was conditionally forfeited.
URL:http://www.tba.org/tba_files/TCCA/collinsa_opn.WP6
STATE OF TENNESSEE
vs.
NEIL M. FRIEDMAN
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
THOMAS E. COWAN, JR. JOHN KNOX WALKUP
Attorney at Law Attorney General and Reporter
Colony Square
111 S. Main St. MICHAEL J. FAHEY, II
Elizabethton, TN 37643 Assistant Attorney General
Criminal Justice Division
425 Fifth Ave. North
Nashville, TN 37243-0490
DAVID E. CROCKETT
District Attorney General
Rt. 19, Box 99
Johnson City, TN 37601
KENNETH C. BALDWIN
Asst. District Attorney General
Carter County Justice Center
900 E. Elk Ave.
Elizabethton, TN 37643
Judge:WITT
First Paragraph:
The defendant, Neil Friedman, appeals from his convictions of third
offense driving under the influence and driving on a revoked license.
He was convicted by a jury of his peers in the Carter County Criminal
Court. The court imposed an eleven month, 29 day sentence for DUI,
six months of which is to be served in the county jail. The court
also revoked Friedman's driving privilege for six years and fined him
$5,000.00. For driving on a revoked license, the court imposed a six
month sentence, with 30 days to be served in the county jail, and
fined Friedman $500.00. The sentences were imposed consecutively. In
this direct appeal, Friedman claims the trial court erred (1) in
proceeding to trial despite his claimed incompetency due to amnesia of
the relevant events and (2) in denying his motion to suppress the
blood alcohol test results relied on by the state in its
case-in-chief. Finding no error requiring reversal, we affirm the
judgment of the trial court.
URL:http://www.tba.org/tba_files/TCCA/friedman_opn.WP6
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