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

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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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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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