What follows is the case style or name, first paragraph, author's name, and the names of the attorneys for the parties of each opinion released today from Tennessee's three appellate courts.
- 00-New Opinion(s) from the Tennessee Supreme Court
- 02-New Opinion(s) from the Tennessee Supreme Court Workers Comp Panel
- 00-New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
- 04-New Opinion(s) from the Tennessee Court of Appeals
- 06-New Opinion(s) from the Tennessee Court of Criminal Appeals
- 00-New Judicial Ethics Opinion(s)
- 00-New Formal Ethics Opinion(s) from the Board of Professional Responsibility
There are three ways to get the full opinion from the Web: (TBALink members only)
Lucian T. Pera
DOROTHY MARABLE VS. KEY INDUSTRIES, INC. and TRAVELERS INSURANCE COMPANY Court:TSC - Workers Comp Panel Attorneys: For Appellants: For Appellee: Sean Antone Hunt Stacy A. Turner Spicer, Flynn & Rudstrom Clarksville, Tennessee 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 employer, Key, and its insurer, Travelers, insist the chancellor erred in (1) awarding benefits as a percentage to the body as a whole, (2) making an award in excess of six times the highest medical impairment rating and (3) awarding benefits based on one hundred percent to the body as a whole. As discussed below, the panel has concluded the award should be modified down to one based on forty-eight percent to the body as a whole. Our review is de novo upon the record of the trial court, accompanied by a presumption of correctness of the findings of fact, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. section 50-6-225(e)(2). Conclusions of law are subject to de novo review on appeal without any presumption of correctness. Spencer v. Towson Moving and Storage, Inc., 922 S.W.2d 508 (Tenn. 1996). URL:http://www.tba.org/tba_files/TSC_WCP/marable_opn.WP6 HENRY A. SHERRILL VS. PULASKI RUBBER COMPANY Court:TSC - Workers Comp Panel Attorneys: For the Appellant: For the Appellee: Richard C. Mangelsdorf, Jr. Raymond W. Fraley, Jr. Leitner, Williams, Dooley & Johnny D. Hill, Jr. Napolitan, PLLC 205 East Market Street 2300 First American Center P.O. Box 572 Nashville, TN 37238 Fayetteville, TN 37334 Judge:BYERS 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. S 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The trial judge found the plaintiff was permanently disabled and awarded a lump sum judgment of $81,953.20 on November 3, 1997. The defendant says the record does not support the finding that the lump sum award is proper because the record fails to show that the lump sum award is in the plaintiff's best interest or that he can wisely manage the lump sum payment. We remand this case to the trial court for further proceedings. URL:http://www.tba.org/tba_files/TSC_WCP/sherrill_opn.WP6 LUCY L. BOND VS. BELLE MEADE FUND PARTNERS, L.P.; BRANCH PROPERTY, L.P., BRANCH PROPERTY LTD. PARTNERSHIP Court:TCA Attorneys: Keith Jordan, BPR #3000 222 Second Avenue, North Suite 360-M Nashville, Tennessee 37201 ATTORNEY FOR PLAINTIFF/APPELLANT M. Bradley Gilmore, #13804 PARKER, LAWRENCE, CANTRELL & DEAN 200 Fourth Avenue North Fifth Floor Nashville, Tennessee 37219 ATTORNEY FOR DEFENDANTS/APPELLEES Judge:KOCH First Paragraph: The plaintiff sued for injury suffered when she stepped into a hole in the asphalt surface of a parking lot provided for customers of Kroger Company. Kroger was dismissed by nonsuit, and the remaining defendants were dismissed by summary judgment. Plaintiff appealed and presented the following issue: I. Whether a genuine issue of material fact has been raised by the plaintiff/appellant, so as to warrant this cause to be tried on its merits. URL:http://www.tba.org/tba_files/TCA/bondll_opn.WP6 CATHY P. McMANAMAY VS. CHARLES T. McMANAMAY WITH CONCURRING OPINION Court:TCA Attorneys: Gregory D. Smith One Public Square, Suite 321 Clarksville, Tennessee 37040 ATTORNEY FOR PLAINTIFF/APPELLEE Mark A. Rassas Julia P. North RASSAS & RASSAS P.O. Box 361 Suite 104, Glenn Building Clarksville, Tennessee 37040 ATTORNEYS FOR DEFENDANT/APPELLANT Judge:TODD First Paragraph: In this divorce case, the defendant husband has appealed from a decree awarding the plaintiff a divorce on grounds of irreconcilable differences and dividing the marital estate. The husband has presented the issues in the following form: 1. The Trial Court rushed the trial, making it difficult for the defendant/appellant to fully present his case. 2. The Trial Court erred by awarding the plaintiff/appellee an interest in the defendant/appellant's separate property. 3. The Trial Court erred in refusing to make any division in marital property that was held solely in the plaintiff/appellee's name. 4. The Trial Court erred in awarding the divorce to the plaintiff/appellee despite overwhelming grounds in favor of the defendant/appellant. URL:http://www.tba.org/tba_files/TCA/mcmancp_opn.WP6 CONCURRING OPINION: URL:http://www.tba.org/tba_files/TCA/mcmancp_con.WP6 GARY WAYNE ROBERTSON VS. LORI VANHOOSER ROBERTSON Court:TCA Attorneys: For Appellant For Appellee LEROY PHILLIPS, JR. SHERRY B. PATY Phillips & Caputo Paty, Rymer & Ulin, P.C. Chattanooga, Tennessee Chattanooga, Tennessee Judge:SUSANO First Paragraph: This is a divorce case. The trial court granted Lori Vanhooser Robertson ("Wife") a divorce on the ground set forth at T.C.A. S 36-4-101(3); awarded the parties joint custody of their 16-year-old son; ordered Gary Wayne Robertson ("Husband") to pay Wife child support of $387 per month plus 21% of part of Husband's future increases in net income; awarded Wife rehabilitative alimony of $250 per month for 12 months, beginning with the month of October, 1997; divided the parties' property and debts; denied Wife's request for attorney's fees; and made other decrees not relevant to a resolution of the issues now before us. URL:http://www.tba.org/tba_files/TCA/robrsngw_opn.WP6 SI J. WILLIAMS VS. MARY C. WILLIAMS WITH CONCURRING OPINION Court:TCA Attorneys: V. Michael Fox, #13875 First American Center 20th Floor 315 Deaderick Street Nashville, Tennessee 37238 ATTORNEY FOR PLAINTIFF/COUNTER-DEFENDANT/APPELLEE Carol L. Soloman, #6649 Casey Moreland, #11069 Washington Square, Suite 400 214 Second Avenue, North Nashville, Tennessee 37201 ATTORNEYS FOR DEFENDANT/COUNTER-PLAINTIFF/APPELLANT Judge:TODD First Paragraph: In this divorce case, Mary C. Williams, hereafter "wife" has appealed from the judgment of the Trial Court awarding her a divorce from Si J. Williams, hereafter "husband," custody, child support, alimony, insurance, fees and division of property. URL:http://www.tba.org/tba_files/TCA/williams_opn.WP6 CONCURRING OPINION: URL:http://www.tba.org/tba_files/TCA/william2_con.WP6 RICHARD CALDWELL VS. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: DAVID C. STEBBINS 330 South High Street Columbus, OH 43215 JOHN G. OLIVA 601 Woodland Street Nashville, TN 37206 FOR THE APPELLEE: JOHN KNOX WALKUP Attorney General and Reporter MARVIN E. CLEMENTS, JR. Assistant Attorney General Cordell Hull Building, 2nd Floor 425 Fifth Avenue North Nashville, TN 37243-0493 JAMES G. WOODALL District Attorney General ALFRED L. EARLS Assistant District Attorney General 225 Martin Luther King Dr. P.O. Box 2825 Jackson, TN 38302-2825 Judge:RILEY First Paragraph: The petitioner, Richard Caldwell, appeals the trial court's dismissal of his second petition for post-conviction relief. The post-conviction court dismissed the petition without an evidentiary hearing, finding the petition barred by the statute of limitations and the issues either previously determined or waived. For reasons outlined below, the judgment of the trial court is AFFIRMED. URL:http://www.tba.org/tba_files/TCCA/caldwelr_opn.WP6 STATE OF TENNESSEE VS. JOE E. JACKSON Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: A.C. WHARTON JOHN KNOX WALKUP Shelby County Public Defender Attorney General & Reporter DIANNE THACKERY CLINTON J. MORGAN Assistant Public Defender Counsel for the State (At trial) 425 Fifth Ave. North 2d Floor, Cordell Hull Bldg. W. MARK WARD Nashville, TN 37243-0493 Assistant Public Defender (On appeal) Suite 2-01, 201 Poplar Ave. WILLIAM L. GIBBONS Memphis, TN 38103 District Attorney General DAVID HENRY Assistant District Attorney General 201 Poplar Ave., Suite 301 Memphis, TN 38103 Judge:WITT First Paragraph: The defendant, Joe E. Jackson, appeals from his convictions in the Shelby County Criminal Court for unlawfully and knowingly obtaining a motor vehicle valued at more than a thousand dollars but less than ten thousand dollars and for unlawfully and knowingly exercising control over the same vehicle. The trial court entered judgment only on the first count of the indictment and sentenced the defendant to serve twelve years in the Department of Correction as a career offender. In this appeal, the defendant contends (1) that the evidence presented at trial is insufficient to identify him beyond a reasonable doubt as the person who committed the offense and (2) that the jury's dual findings of guilt violate double jeopardy principles. We affirm the defendant's conviction for theft under the first count of the indictment and dismiss the second count. URL:http://www.tba.org/tba_files/TCCA/jaksnj_opn.WP6 LUTHER S. LUTEN VS. STATE OF TENNESSEE Court:TCCA Judge:RILEY First Paragraph: In this post-conviction matter, the petitioner originally pled guilty to two (2) counts of robbery, one (1) count of attempted robbery, and three (3) counts of simple assault. He received an effective sentence of eight (8) years as a Range II, multiple offender. The petitioner filed a pro se petition for post-conviction relief. The primary ground was ineffective assistance of counsel. The petitioner claimed his trial counsel failed to investigate available defenses, including an alibi defense, and failed to interview witnesses. He further contended his guilty plea was involuntary. URL:http://www.tba.org/tba_files/TCCA/lutenl_ord.WP6 THOMAS EDWARD MURPHY, JR. VS. STATE OF TENNESSEE Court:TCCA Attorneys: For the Petitioner For the Respondent Andrew S. Johnston John Knox Walkup 108 E. Court Square Attorney General and Reporter Somerville, TN 38068 Clinton J. Morgan Assistant Attorney General 425 Fifth Avenue South Nashville, TN 37243-0493 Elizabeth T. Rice District Attorney General 302 Market Street Somerville, TN 38068-1600 Judge:WEDEMEYER First Paragraph: The petitioner appeals the trial court's dismissal of his petition for post-conviction relief. The petitioner was originally convicted of the second degree murder of his daughter and was sentenced to eighteen years imprisonment. State v. Thomas Edward Murphy, Jr., No. 02C01-9502-CC-00032 (Tenn. Crim. App., June 28, 1996), perm. to app. denied, (Tenn., Dec. 23, 1996). The petition filed below challenges various aspects of counsel's effectiveness, prosecutorial misconduct and trial court errors. After conducting a hearing, the post-conviction court found that the petitioner received effective assistance of counsel. In the order outlining its findings and conclusions, the trial court did not specifically address the other claims raised in the petition. URL:http://www.tba.org/tba_files/TCCA/murphy_op.WP6 STATE OF TENNESSEE VS. MICHAEL AARON SCOTT, a/k/a ERIN SCOTT Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: Dwayne D. Maddox, III John Knox Walkup 19695 East Main Street Attorney General & Reporter P. O. Box 827 425 Fifth Avenue, North Huntingdon, TN 38344 Nashville, TN 37243-0493 Marvin E. Clements, Jr. Assistant Attorney General 425 Fifth Avenue, North Nashville, TN 37243-0493 G. Robert Radford District Attorney General 111 Church Street, P. O. Box 686 Huntingdon, TN 38344-0686 Eleanor Cahill Assistant District Attorney General 111 Church Street, P. O. Box 686 Huntingdon, TN 38344-0686 Judge:LAFFERTY First Paragraph: The appellant, Michael Aaron Scott, referred herein as the defendant, appeals as a matter of right from a judgment entered by the Carroll County Circuit Court as a result of a jury finding him guilty of sale of cocaine and imposing a fine of $10,000. In his single appellate issue, the defendant asks whether there was sufficient credible evidence to support a conviction in this case as a matter of law. After a review of the evidence in this record, the briefs of all parties, and the applicable law, we find there was sufficient evidence to support the defendant's conviction and affirm the trial court's judgment. URL:http://www.tba.org/tba_files/TCCA/scottma_opn.WP6 JESSE LEVENT THARPE VS. STATE OF TENNESSEE Court:TCCA Judge:RILEY First Paragraph: The petitioner appeals the trial court's denial of post-conviction relief. He previously pled guilty to eight (8) counts of aggravated robbery and received an agreed effective sentence of sixteen (16) years as a Range I, standard offender. Petitioner contends that he was induced to plead guilty due to the ineffective assistance of counsel. He testified trial counsel failed to adequately investigate, failed to properly research the law and erroneously told him that sixteen (16) years was the minimum sentence for aggravated robbery. Trial counsel's testimony contradicted the petitioner's testimony in all material respects as did the affidavit signed by the petitioner on the date of the guilty plea. URL:http://www.tba.org/tba_files/TCCA/tharpejl_ord.WP6
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