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TBALink Opinion-Flash
November 17, 1998 -- Volume 4 -- Number 168
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.
- This Issue (IN THIS ORDER):
- 03-New Opinion(s) from the Tennessee Supreme Court
- 00-New Opinion(s) from the Tennessee Supreme Court Workers Comp Panel
- 01-New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
- 01-New Opinion(s) from the Tennessee Court of Appeals
- 05-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
- 03-New Opinion(s) from the Tennessee Supreme Court
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PEGGY CRAFTON VS. CHALLENGER ELECTRICAL MATERIALS, INC. AND CHALLENGER ELECTRICAL EQUIPMENT CORPORATION AND CONTINENTAL INSURANCE COMPANY Court:TSC Judge:PER CURIAM First Paragraph: This case is before the Court upon the entire record, including the order of referral to the Special Workers' Compensation Appeals Panel, and the Panel's Memorandum Opinion setting forth its findings of fact and conclusions of law, which are incorporated herein by reference. Whereupon, it appears to the Court that the Memorandum Opinion of the Panel should be accepted and approved; and It is, therefore, ordered that the Panel's findings of fact and conclusions of law are adopted and affirmed, and the decision of the Panel is made the judgment of the Court. Costs will be paid by Plaintiff/Appellant and Surety, for which execution may issue if necessary. IT IS SO ORDERED on November 17, 1998. URL:http://www.tba.org/tba_files/TSC/crafton_jo.WP6
STEVE Q MANCHESTER
VS.
INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA AND
BRIDGESTONE/FIRESTONE, INC.
Court:TSC
Attorneys:
Judge:PER CURIAM
First Paragraph:
This case is before the Court upon the entire record, including the
order of referral to the Special Workers' Compensation Appeals Panel,
and the Panel's Memorandum Opinion setting forth its findings of fact
and conclusions of law, which are incorporated herein by reference.
Whereupon, it appears to the Court that the Memorandum Opinion of the
Panel should be accepted and approved; and It is, therefore, ordered
that the Panel's findings of fact and conclusions of law are adopted
and affirmed, and the decision of the Panel is made the judgment of
the Court. Costs will be paid by defendants/appellants for which
execution may issue if necessary. IT IS SO ORDERED on November 17,
1998.
URL:http://www.tba.org/tba_files/TSC/manchest_jo.WP6
GRADY D. TURNER
VS.
McMINNVILLE HEATING & AIR, INC.
Court:TSC
Judge:PER CURIAM
First Paragraph:
This case is before the Court upon the entire record, including the
order of referral to the Special Workers' Compensation Appeals Panel,
and the Panel's Memorandum Opinion setting forth its findings of fact
and conclusions of law, which are incorporated herein by reference.
Whereupon, it appears to the Court that the Memorandum Opinion of the
Panel should be accepted and approved; and It is, therefore, ordered
that the Panel's findings of fact and conclusions of law are adopted
and affirmed, and the decision of the Panel is made the judgment of
the Court. Costs will be paid by appellee, for which execution may
issue if necessary. IT IS SO ORDERED on November 17, 1998.
URL:http://www.tba.org/tba_files/TSC/turner_jo.WP6
SUPREME COURT OF TENNESSEE
STATE LIST FOR PERMISSION TO APPEAL
Court:TSC - Rules
URL:http://www.tba.org/tba_files/TSC_Rules/statelst_16.WP6
ESTATE OF SHIRLEY J. DANNENHOLD by her Executrix, MARGARET HENSLEY
VS.
KNOXVILLE PATHOLOGY GROUP, P.C., CARTER MILLER, JR., M.D. and
BRUCE BELLOMY, M.D.
Court:TCA
Attorneys:
DONNA KEENE HOLT OF KNOXVILLE FOR APPELLANT
EDWARD G. WHITE, II, and AMY V. HOLLARS OF KNOXVILLE FOR APPELLEES
Judge:GODDARD
First Paragraph:
In this cause Shirley J. Dannenhold sues Knoxville Pathology Group,
Carter Miller, Jr., M.D., and Bruce Bellomy, M. D., for medical
malpractice incident to the misreading of a 1993 pap smear by Louise
Geldmeier, who inaccurately issued a negative report rather than a
positive one.
URL:http://www.tba.org/tba_files/TCA/dannen~1_wpd.WP6
STATE OF TENNESSEE
VS.
PHILLIP DREW CANTWELL
WITH DISSENTING OPINION
Court:TCCA
Attorneys:
FOR THE APPELLEE: FOR THE APPELLANT:
GARY M. HOWELL JOHN KNOX WALKUP
P.O. Box 442 Attorney General & Reporter
Columbia, TN 38402
ALBERT L. PARTEE, III
DELILAH A. SPEED Assistant Attorney General
P.O. Box 973 2nd Floor, Cordell Hull Building
Columbia, TN 38402 425 Fifth Avenue North
Nashville, TN 37243
T MICHAEL BOTTOMS
District Attorney General
ROBERT C. SANDERS
Assistant District Attorney General
JESSE DURHAM
Assistant District Attorney General
P.O. Box 459
Lawrenceburg, TN 38478
Judge:WOODALL
First Paragraph:
Phillip Drew Cantwell, the Defendant and owner of Cantwell
Enterprises, Inc., was indicted by the Maury County Grand Jury on one
(1) count of violating the Water Quality Act and five (5) counts of
environmental vandalism. Two (2) of the five (5) counts of
environmental vandalism were classified as Class B felonies, two (2)
were classified as Class C felonies, and one (1) as a Class E felony.
Following a jury trial, the Defendant was convicted of two (2) lesser
grade Class D counts of environmental vandalism and acquitted of all
other charges. Dallas Cantwell and Sherill Sanders, co-defendants,
were also indicted on similar charges. Dallas Cantwell is the
Defendant's father, and Sherill Sanders was the manager of Cantwell
Enterprises. Both co-defendants were acquitted of all charges.
Following the sentencing hearing, the Defendant was sentenced to serve
two (2) years for each count of environmental vandalism, to be served
concurrently. The sentences were suspended with Defendant placed on
probation. The Defendant was also ordered to pay $1,524.71 in court
costs. He filed a motion for new trial, but it was denied following a
hearing. The Defendant did not appeal. The State appeals from the
trial court's sentencing order. We affirm the judgment of the trial
court.
URL:http://www.tba.org/tba_files/TCCA/cantwlpd_opn.WP6
DISSENTING OPINION:
URL:http://www.tba.org/tba_files/TCCA/cantwell_dis.WP6
STATE OF TENNESSEE
VS.
BARTON L. HAWKINS
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
A C Wharton John Knox Walkup
Shelby County Public Defender Attorney General & Reporter
Tony N. Brayton Douglas D. Himes
Assistant Public Defender Assistant Attorney General
201 Poplar Avenue, Suite 201 425 Fifth Avenue North
Memphis, TN 38013 Nashville, TN 37243-0493
William L. Gibbons
District Attorney General
Karen Cook
Assistant District Attorney General
201 Poplar Avenue, Suite 301
Memphis, TN 38013
Judge:SUMMERS
First Paragraph:
The appellant, Barton L. Hawkins, was convicted of rape by a jury
verdict in the Shelby County Criminal Court. He was sentenced to
confinement in the Tennessee Department of Correction for eight years
and one day as a Range I violent offender. He appeals as of right,
challenging both the conviction and sentence. The appellant argues 1)
that the evidence at trial was insufficient to support a rational
finding of guilt beyond a reasonable doubt and, 2) that the trial
court erred in its application of certain enhancement factors and in
failing to consider alternative sentencing. We affirm the judgment of
the trial court.
URL:http://www.tba.org/tba_files/TCCA/hawkinsb_opn.WP6
STATE OF TENNESSEE
VS.
PASCHAL HYDE, JR.
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
TERRY J. CANADY JOHN KNOX WALKUP
211 Printer's Alley Building Attorney General and Reporter
Suite 400
Nashville, TN 37201 DARYL J. BRAND
Assistant Attorney General
425 5th Avenue North
Nashville, TN 37243-0493
VICTOR S. JOHNSON
District Attorney General
MARY HAUSMAN
Assistant District Attorney General
Washington Square, Suite 500
222 2nd Avenue, North
Nashville, TN 37201-1649
Judge:WELLES
First Paragraph:
The Defendant, Paschal Hyde, Jr., appeals as of right pursuant to Rule
3 of the Tennessee Rules of Appellate Procedure. He was convicted by
a Davidson County jury of three counts of aggravated rape, three
counts of assault, and two counts of attempted first-degree murder.
He was sentenced to concurrent terms of life for each conviction for
aggravated rape. He was sentenced to eleven months and twenty-nine
days for each count of assault, to be served concurrently with each
other and with his convictions for aggravated rape. For the two
attempted first-degree murder convictions, the Defendant was sentenced
to twenty-five years on each count to be served consecutively to each
other and to the other convictions. Thus, his effective sentence is
life plus fifty years. The Defendant appeals both his convictions and
sentences, raising the following issues: (1) That the evidence was
insufficient to convict him of aggravated rape; (2) that the trial
court erred by denying the Defendant's motion to sever the offenses;
(3) that counts one, two and three in the indictment are invalid
because they failed to specify the requisite mens rea for aggravated
rape; and (4) that the trial court erred by misapplying sentence
enhancement factors and ordering consecutive sentences. After a
careful review of the record in this case, we affirm in part and
reverse and remand in part the judgment of the trial court.
URL:http://www.tba.org/tba_files/TCCA/hydepa_opn.WP6
STATE OF TENNESSEE
VS.
PAUL E. MATHIS
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
PHILIP A. CONDRA JOHN KNOX WALKUP
District Public Defender Attorney General and Reporter
12th Judicial District
204 Betsy Pack Drive KAREN M. YACUZZO
Jasper, TN 37347 Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
J. MICHAEL TAYLOR
District Attorney General
STEVEN M. BLOUNT
Assistant District Attorney
1 South Jefferson
Winchester, TN 37398
Judge:SMITH
First Paragraph:
Appellant Paul E. Mathis was convicted on July 20, 1995 by a jury in
the Franklin County Circuit Court of one count of public intoxication
and one count of resisting arrest. On September 12, 1995, the trial
court conducted a sentencing hearing. Respecting the public
intoxication conviction, Appellant received a suspended sentence of
thirty days incarceration in the Franklin County jail, thirty days
probation to begin immediately, and a $25.00 fine and costs. For the
resisting arrest conviction, the trial court imposed a concurrent
sentence of six months incarceration in the county jail, all of which
was suspended save forty-eight hours incarceration. On this direct
appeal, Appellant presents three issues for our consideration: (1)
whether the trial court erred by failing to impanel the jury in
compliance with Rule 24, Tenn. R. Crim. P.; (2) whether the trial
court improperly responded to questions submitted by the jury during
its deliberations; and (3) whether the evidence was insufficient to
sustain Appellant's conviction for resisting arrest.
URL:http://www.tba.org/tba_files/TCCA/mathispa_opn.WP6
STATE OF TENNESSEE
VS.
KELVIN ANDRE WILSON
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
C. Michael Robbins John Knox Walkup
46 North Third Street Attorney General and Reporter
Suite 719
Memphis, TN 38103 Douglas D. Himes
Assistant Attorney General
(ON APPEAL) Criminal Justice Division
425 Fifth Avenue North
Gary F. Antrican 2d Floor, Cordell Hull Building
District Public Defender Nashville, TN 37243-0493
Rickey Griggs
Asst. Public Defender Elizabeth T. Rice
P. O. Box 700 District Attorney General
Somerville, TN 38068 302 Market Street
Somerville, TN 38068
(AT TRIAL)
Judge:HAYES
First Paragraph:
The appellant, Kelvin Andre Wilson, appeals his conviction and
sentence for aggravated kidnapping by the Fayette County Circuit
Court. Prior to his trial for the aggravated kidnapping charge, the
appellant pled guilty to attempted felonious escape. The trial court
imposed a ten year sentence for aggravated kidnapping and eleven
months and twenty-nine days for attempted felonious escape.
URL:http://www.tba.org/tba_files/TCCA/wilsonka_opn.WP6
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