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.
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- 00-New Opinons From TCA
- 05-New Opinons From TCCA
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STATE OF TENNESSEE vs. MICHAEL RALPH ALFORD Court:TSC Attorneys: For Appellant: For Appellee: DAVID L. HAMBLEN JOHN KNOX WALKUP Union City, Tennessee Attorney General and Reporter MICHAEL E. MOORE Solicitor General GORDON W. SMITH Associate Solicitor General DEBORAH A. TULLIS Assistant Attorney General Nashville, Tennessee JAMES G. WOODALL District Attorney General DONALD H. ALLEN Assistant District Attorney Jackson, Tennessee Judge:BIRCH First Paragraph: The Circuit Court for Madison County entered judgment on a jury verdict convicting Michael Ralph Alford, the appellant, of aggravated assault for stabbing Ricky Murchison with the sharp end of a four-way tire tool and inflicting a wound approximately five to six inches deep. Following a hearing, the trial court imposed a sentence of four years in the Department of Correction. URL:http://www.tba.org/tba_files/TSC/ALFORDR_OPN.WP6 JIM PARKS vs. TENNESSEE MUNICIPAL LEAGUE RISK MANAGEMENT POOL, and LARRY BRINTON, DIRECTOR, DIVISION OF WORKERS' COMPENSATION, TENNESSEE DEPARTMENT OF LABOR, SECOND INJURY FUND Court:TSC Attorneys: For Appellant: For Appellee, Jim Parks: John Knox Walkup T. J. Emison Attorney General and Reporter Alamo, Tennessee Dianne Stamey Dycus For Appellee, Tennessee Municipal Senior Counsel League Risk Management PooL: Attorney General's Office W. Timothy Hayes, Jr. Nashville, Tennessee Memphis, Tennessee Judge:ANDERSON First Paragraph: We granted the motion for review filed by the Tennessee Department of Labor's Second Injury Fund to determine whether an employee who previously received workers' compensation permanent partial disability benefits is entitled to permanent partial disability benefits under Tenn. Code Ann. S 50-6 241(a)(1)(Supp. 1997) for a later work injury based on his total medical impairment rating for all work injuries or the medical impairment rating solely attributable to his most recent work injury. URL:http://www.tba.org/tba_files/TSC/PARKSJ_OPN.WP6 STATE OF TENNESSEE vs. JACQUELINE DEANNA ALEXANDER VICKERS and WILLIAM J. BOONE Court:TSC Attorneys: For Appellants: For Appellee: PATRICK MARTIN JOHN KNOX WALKUP Jackson, Tennessee Attorney General and Reporter (For Appellant Vickers) MICHAEL E. MOORE HENRY HAILE Solicitor General Nashville, Tennessee and DAVID M. HIMMELREICH CARTHEL L. SMITH, JR. LAURA DYKES Lexington, TN Deputy Attorney General (For Appellant Boone) ALBERT L. PARTEE, III Senior Counsel Nashville, Tennessee JAMES G. WOODALL District Attorney General Jackson, Tennessee Judge:BIRCH First Paragraph: We granted permission to appeal under Tenn. R. App. P. 11 to the appellants, Jacqueline Deanna Alexander Vickers and William J. Boone. The issue is whether a trial court may conduct a pretrial evidentiary hearing, pursuant to Tenn. R. Crim. P. 12, to determine the evidentiary sufficiency relevant to the tolling of the statute of limitations. Because the statute of limitations issue presented herein is not one "which is capable of determination without the trial of the general issue," we conclude that it should have been submitted to the jury. Accordingly, the judgment of the Court of Criminal Appeals is affirmed. URL:http://www.tba.org/tba_files/TSC/VICKERSJ_OPN.WP6 STATE OF TENNESSEE vs. DAVID WAYNE BATEMAN Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: CLIFFORD K. MCGOWN JOHN KNOX WALKUP 113 North Court Square Attorney General and Reporter Waverly, TN 37185 DEBORAH A. TULLIS SHIPP R. WEEMS Assistant Attorney General District Public Defender 425 Fifth Avenue North CAREY THOMPSON Nashville, TN 37243 Asst Dist. Public Defender P. O. Box 160 DAN ALSOBROOKS Charlotte, TN 37036-0160 District Attorney General ROBERT WILSON Assistant District Attorney P. O. Box 580 Charlotte, TN 37036 Judge:SMITH First Paragraph: A Dickson County jury convicted Appellant, David Wayne Bateman, of rape of a child. After a sentencing hearing where the court did not find any mitigating factors and found two enhancing factors, the trial court sentenced Appellant to twenty-five years incarceration in the Tennessee Department of Correction to be served at 100% pursuant to Tennessee Code Annotated S 40 35-501(I)(1) &(2). In addition, the trial court found Appellant guilty of criminal contempt for an obscene outburst at the sentencing hearing, and sentenced him to serve ten days consecutive to his other sentence. In this appeal Appellant maintains the evidence of his guilt is insufficient and that his sentence is excessive. URL:http://www.tba.org/tba_files/TCCA/batemada_opn.WP6 JAMES R. JACKSON vs. STATE OF TENNESSEE Court:TCCA Attorneys: For the Appellant: For the Appellee: William C. Roberts, Jr. John Knox Walkup Parkway Towers, Ste. 1502 Attorney General & Reporter Nashville, TN. 37219 Karen M. Yacuzzo Assistant Attorney General 425 Fifth Avenue North 2nd Floor Cordell Hull Building Nashville, TN. 37243-0493 Victor S. Johnson III District Attorney General Roger D. Moore Asst District Attorney General Washington Square, Ste. 500 222 2nd Avenue North Nashville, TN. 37201-1649 Judge:BARKER First Paragraph: The appellant, James R. Jackson, appeals the Davidson County Criminal Court's dismissal of his petition for post-conviction relief. We affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/jacksonj_opn.WP6 STATE OF TENNESSEE vs. PAUL RALPH LEATH Court:TCCA Attorneys: For the Appellant: For the Appellee: Comer Donnell Charles W. Burson District Public Defender Attorney General of Tennessee and Howard L. Chambers Karen M. Yacuzzo and Asst Atty General of Tennessee Randy Wakefield 425 Fifth Avenue North Assistant Public Defenders Nashville, TN 37243-0493 213 North Cumberland Street P.O. Box 888 Tom P. Thompson, Jr. Lebanon, TN 37087 District Attorney General and John Wootten Asst District Attorney General P.O. Box 178 Hartsville, TN 37074-0178 Judge:Tipton First Paragraph: The defendant, Paul Ralph Leath, was convicted of three counts of rape of a child, Class A felonies, and two counts of aggravated sexual battery, Class B felonies. He received Range I, consecutive sentences of twenty years for each rape of a child conviction and ten years for each aggravated sexual battery conviction for an effective sentence of eighty years. URL:http://www.tba.org/tba_files/TCCA/leathpr_opo.WP6 STATE OF TENNESSEE vs. ROBERT ANTHONY PAYNE, a.k.a. ANTHONY JORDAN Court:TCCA Attorneys: FOR THE APPELLANT: KARL DEAN (Of Counsel) Public Defender JEFFREY A. DEVASHER (On Appeal) Senior Assistant Public Defender 1202 Stahlman Building Nashville, TN 37201-5066 ALAN E. CALHOUN J. MICHAEL ENGLE (At Trial) Assistant Public Defenders 1202 Stahlman Building Nashville, TN 37201-5066 FOR THE APPELLEE: JOHN KNOX WALKUP Attorney General and Reporter ELLEN H. POLLACK Assistant Attorney General Cordell Hull Building, 2nd Floor 425 Fifth Avenue North Nashville, TN 37243-0493 VICTOR S. JOHNSON, III District Attorney General SHARON L. BROX DAN HAMM Asst. District Attorneys General 222 Second Avenue North Washington Square, Suite 500 Nashville, TN 37201-1649 Judge:RILEY First Paragraph: The defendant, Robert Anthony Payne, a.k.a. Anthony Jordan, was convicted by a Davidson County jury of one (1) count of vehicular homicide, a Class C felony; two (2) counts of reckless endangerment with a deadly weapon, Class E felonies; three (3) counts of reckless aggravated assault, Class D felonies; and one (1) count of intentional or knowing aggravated assault, a Class C felony. The trial court sentenced defendant as a Range II offender to ten (10) years for vehicular homicide, two (2) years for each count of reckless endangerment, eight (8) years for each count of reckless aggravated assault, and ten (10) years for intentional or knowing aggravated assault. The trial court ordered that the sentences run consecutively for an effective sentence of forty eight (48) years. URL:http://www.tba.org/tba_files/TCCA/paynera_opn.WP6 URL:http://www.tba.org/tba_files/TCCA/paynerac_con.WP6
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