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

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Editor-in-Chief, TBALink



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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash
DISSENTING OPINION:
URL:http://www.tba.org/tba_files/TCCA/cantwell_dis.WP6
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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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