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.
- 09-New Opinion(s) from the Tennessee Supreme Court
- 00-New Opinion(s) from the Tennessee Supreme Court Workers Comp Panel
- 00-New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
- 02-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
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Lucian T. Pera
BAPTIST HOSPITAL; EAST TENNESSEE CHILDREN'S HOSPITAL; ERLANGER MEDICAL CENTER; FORT SANDERS REGIONAL MEDICAL CENTER; HOLSTON VALLEY HOSPITAL AND MEDICAL CENTER; JOHNSON CITY MEDICAL CENTER HOSPITAL; LE BONHEUR CHILDREN'S MEDICAL CENTER; MAURY REGIONAL HOSPITAL; METHODIST HOSPITALS OF MEMPHIS; REGIONAL MEDICAL CENTER OF MEMPHIS; SAINT MARY'S MEDICAL CENTER; AND VANDERBILT UNIVERSITY MEDICAL CENTER VS. TENNESSEE DEPARTMENT OF HEALTH, AND TENNESSEE DEPARTMENT OF FINANCE AND ADMINISTRATION Court:TSC Attorneys: FOR CLAIMANT/APPELLANT: FOR RESPONDENT/APPELLEE: William B. Hubbard John Knox Walkup Nashville Attorney General and Reporter Sanford E. Pitler Sue A. Sheldon Elizabeth A. McFall Assistant Attorney General Seattle, Washington Nashville Judge:HOLDER First Paragraph: We granted this appeal to determine whether the Tennessee claims commission has subject matter jurisdiction over the plaintiffs' challenge to certain Medicaid reimbursements paid to them by the State. Upon review, we hold that the Tennessee claims commission lacks subject matter jurisdiction over this case. Because the plaintiffs' challenge is based upon an assertion that a state Medicaid regulation is invalid under federal law, the Tennessee Department of Health was the agency with subject matter jurisdiction over this case pursuant to Tenn. Code Ann. S 4-5-223 of the Uniform Administrative Procedures Act ("UAPA"). URL:http://www.tba.org/tba_files/TSC/bapthosp_opn.WP6 BAPTIST HOSPITAL; EAST TENNESSEE CHILDREN'S HOSPITAL; ERLANGER MEDICAL CENTER; FORT SANDERS REGIONAL MEDICAL CENTER; HOLSTON VALLEY HOSPITAL AND MEDICAL CENTER; JOHNSON CITY MEDICAL CENTER HOSPITAL; LE BONHEUR CHILDREN'S MEDICAL CENTER; MAURY REGIONAL HOSPITAL; METHODIST HOSPITALS OF MEMPHIS; REGIONAL MEDICAL CENTER OF MEMPHIS; SAINT MARY'S MEDICAL CENTER; AND VANDERBILT UNIVERSITY MEDICAL CENTER VS. TENNESSEE DEPARTMENT OF HEALTH, AND TENNESSEE DEPARTMENT OF FINANCE AND ADMINISTRATION J U D G M E N T Court:TSC First Paragraph: This cause came on to be heard upon the record on appeal from the Court of Appeals, briefs and argument of counsel; and upon consideration thereof, this Court is of the opinion that the Tennessee Claims Commission lacks jurisdiction to invalidate or amend a state Medicaid regulation or contract. URL:http://www.tba.org/tba_files/TSC/bapthosp_ord.WP6 PATRICIA JONES VS. ROSEWOOD MANOR, INC Court:TSC Judge:PER CURIAM First Paragraph: This case is before the Court upon motion for review pursuant to Tenn. Code Ann. S 50-6-225(e)(5)(B), 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; ... URL:http://www.tba.org/tba_files/TSC/jonesp_jo.WP6 FAY THOMAS NUTT VS. CHAMPION INTERNATIONAL CORPORATION Court:TSC Attorneys: FOR APPELLANT: FOR APPELLEE: P. ALLEN PHILLIPS WM. LANDIS TURNER JACKSON HOHENWALD Judge:HOLDER First Paragraph: We granted this appeal to determine whether an employer is entitled to an offset of long-term disability payments against a workers' compensation award for permanent total disability. A 1996 amendment to Tenn. Code Ann. S 50-6-114 permits offsets against workers' compensation benefits for payments made to an employee under an employer-funded disability plan. The plaintiff's injury pre-dated the effective date of the statute. We hold that the amendment is not retroactive and the employer is not entitled to an offset in this case. URL:http://www.tba.org/tba_files/TSC/nuttfayt_opn.WP6 FAY THOMAS NUTT VS. CHAMPION INTERNATIONAL CORPORATION J U D G M E N T Court:TSC First Paragraph: This cause came on to be heard upon the record on appeal from the Special Worker's Compensation Appeals Panel, and the briefs and argument of counsel; and upon consideration thereof, this Court is of the opinion that the 1996 amendment to Tenn. Code Ann. S 50-6-114 of the Workers' Compensation Act is not retroactive and the employer is not entitled to an offset against the worker's compensation award in this case. URL:http://www.tba.org/tba_files/TSC/nuttfayt_ord.WP6 BILLY R. PHILLIPS VS. TENNESSEE TECHNOLOGICAL UNIVERSITY, STATE OF TENNESSEE Court:TSC Attorneys: FOR APPELLANT: FOR APPELLEE: JOHN KNOX WALKUP RONALD THURMAN Attorney General and Reporter Cookeville MARY BYRD FERRARA Assistant Attorney General Judge:HOLDER First Paragraph: We granted this appeal to address whether the State may be liable for discretionary costs pursuant to Tenn. R. Civ. P. 54.04(2) in a workers' compensation case. We hold that the State may only be taxed for costs expressly permitted by either the Tennessee claims commission statute or the Workers' Compensation Act. URL:http://www.tba.org/tba_files/TSC/phillipb_opn.WP6 BILLY R. PHILLIPS VS. TENNESSEE TECHNOLOGICAL UNIVERSITY, STATE OF TENNESSEE J U D G M E N T Court:TSC First Paragraph: This cause came on to be heard upon the record on appeal, briefs and argument of counsel; and upon consideration thereof, this Court is of the opinion that the State may only be taxed for costs expressly permitted by either the Tennessee claims commission statute or the Workers' Compensation Act. URL:http://www.tba.org/tba_files/TSC/phillipb_ord.WP6 EDMUND GEORGE ZAGORSKI VS. STATE OF TENNESSEE Court:TSC Attorneys: For the Appellant: For the Appellee: Samuel L. Felker & John Knox Walkup Joseph F. Welborn Attorney General and Reporter Nashville, Tennessee Michael E. Moore Solicitor General Amy L. Tarkington Assistant Attorney General Nashville, Tennessee Judge:BARKER First Paragraph: We granted this post-conviction appeal to determine whether there is ineffective assistance of counsel where, at the express instruction of a competent and fully informed defendant, defense counsel does not investigate or present mitigating evidence at the sentencing phase of a capital trial. For the reasons provided herein, we hold that there is not. URL:http://www.tba.org/tba_files/TSC/zagorski_opn.WP6 EDMUND GEORGE ZAGORSKI VS. STATE OF TENNESSEE JUDGMENT Court:TSC First Paragraph: This case was heard on the record on appeal from the Court of Criminal Appeals, application for permission to appeal having heretofore been granted, briefs and argument of counsel; and upon consideration thereof, this Court is of the opinion that the appellant was afforded both effective and competent assistance in the guilt and sentencing phases of trial. URL:http://www.tba.org/tba_files/TSC/zagorski_jdg.WP6 GEHL CORPORATION VS. RUTH E. JOHNSON, Commissioner of Revenue for the State of Tennessee Court:TCA Attorneys: WILLIAM H.D. FONES, JR. JANIS WILD KESSER Baker, Donelson, Bearman & Caldwell 2000 First Tennessee Building Memphis, Tennessee 38103 ATTORNEYS FOR PLAINTIFF/APPELLANT JOHN KNOX WALKUP Attorney General & Reporter STACY E. GIBSON 425 Fifth Avenue North Cordell Hull Building, Second Floor Nashville, Tennessee 37243-0489 ATTORNEYSFOR DEFENDANT/APPELLEE Judge:CAIN First Paragraph: Gehl Corporation filed suit in the Chancery Court of Davidson County to contest an assessment by the Commissioner of Revenue of the "Amusement Tax" imposed by Tennessee Code Annotated section 67-6-212(a)(2). URL:http://www.tba.org/tba_files/TCA/gehlcorp.WP6 STEPHEN P. KOPELS VS. KATHERINE ANNETTE BRYANT Court:TCA Attorneys: David M. Zolensky, Nashville, for Appellant. Dot Dobbins, Nashville, for Appellee. Judge:INMAN First Paragraph: This is a domestic relations case. The appellant complains of the award of the residence to the appellee, and the award of the attorney's fees. Our review of the findings of fact made by the trial Court is de novo upon the record of the trial Court, accompanied by a presumption of the correctness of the finding, unless the preponderance of the evidence is otherwise. Tenn. R. App. P., Rule 13(d); Campbell v. Florida Steel Corp., 919 S.W.2d 26 (Tenn. 1996). Where there is no conflict in the evidence as to any material fact, the question on appeal is one of law, and the scope of review is de novo with no presumption of correctness accompanying a chancellor's conclusions of law. Union Carbide Corp. v. Huddleston, 854 S.W.2d 87 (Tenn. 1993). URL:http://www.tba.org/tba_files/TCA/kopels_ca1.WP6 ROBERT TERRY CROWSON VS. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: Hershell D. Koger John Knox Walkup Attorney at Law Attorney General & Reporter 131 N. 1st St. P.O. Box 1148 Lisa A. Naylor Pulaski, TN 38478 Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243 William Michael McCown District Attorney General Robert Crigler Assistant District Attorney General One Public Square, Suite 100 Shelbyville, TN 37160 Judge:SUMMERS First Paragraph: The petitioner was convicted by a jury of second degree murder and sentenced to eighteen and one-half years incarceration. His conviction and sentence were upheld on direct appeal. See State v. Robert Terry Crowson, No. 01C01-9503- CC-00086 (Tenn. Crim. App. filed Feb. 13, 1996, at Nashville). In July 1997, the petitioner filed for post-conviction relief alleging ineffective assistance of counsel at both his trial and on appeal. After a hearing the court below dismissed the petition, from which ruling the petitioner now appeals. Upon our review of the record, we affirm the judgment of the post-conviction court. URL:http://www.tba.org/tba_files/TCCA/crowsonr_opn.WP6 STATE OF TENNESSEE VS. KIMBERLY HAYES Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: Lionel R. Barrett, Jr. John Knox Walkup Washington Square Two, Ste 418 Attorney General & Reporter 222 Second Avenue, North Nashville, TN 37201 Lisa A. Naylor Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243 Victor S. (Torry) Johnson, III District Attorney General Dan Hamm Assistant District Attorney General Washington Square, Suite 500 222 Second Avenue North Nashville, TN 37201-1649 Judge:SUMMERS First Paragraph: The appellant, Kimberly Hayes, pled guilty to possession of thirty-five and one-half pounds of marijuana with intent to sell or deliver, a Class D felony. See T.C.A. S 39-17-417(g)(2). The trial court denied the appellant's request for judicial diversion, see T.C.A. S 40-35-313, and imposed a four-year suspended sentenced with four years' standard probation. The sole issue on appeal is whether the trial court abused its discretion in denying judicial diversion. Finding no error, we affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/hayeskim_opn.WP6 STATE OF TENNESSEE VS. JOHN JAMES Court:TCCA Attorneys: FOR THE APPELLANT: THOMAS F. BLOOM 500 Church Street, 5th Floor Nashville, TN 37219-2349 FOR THE APPELLEE: JOHN KNOX WALKUP Attorney General and Reporter KIM R. HELPER Assistant Attorney General Cordell Hull Building, 2nd Floor 425 Fifth Avenue North Nashville, TN 37243-0493 VICTOR S. JOHNSON III District Attorney General WILLIAM R. REED Assistant District Attorney General 222 - 2nd Avenue North Washington Square, Suite 500 Nashville, TN 37201-1649 Judge:RILEY First Paragraph: Defendant was convicted by a Davidson County jury of thirteen counts of sexual abuse of his nine-year-old stepdaughter. The trial court ordered defendant to serve an aggregate sentence of seventy years. On direct appeal, this Court reversed three of the convictions and remanded the case to the trial court for re-sentencing. See State v. John James, C.C.A. No. 01C01-9601-CR-00016, Davidson County (Tenn. Crim. App. filed March 27, 1997, at Nashville). Upon remand the trial court ordered defendant to serve an aggregate sentence of fifty years. Defendant appeals this sentence contending that all counts should be run concurrently for a total sentence of twenty years. We AFFIRM the sentencing decision of the trial court. URL:http://www.tba.org/tba_files/TCCA/jamesj_opn.WP6 JIMMY JONES, JR. VS. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: Jimmy Jones, Jr., pro se John Knox Walkup D.S.N.F. Unit 15-B Attorney General & Reporter 7575 Cockrill Bend Ind. Road 425 Fifth Avenue North Nashville, TN 37209-1057 Nashville, TN 37243-0493 Kim R. Helper Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243-0493 Lawrence Ray Whitley District Attorney General 113 West Main Street Gallatin, TN 37066-2803 Dee D. Gay Assistant District Attorney General 113 West Main Street Gallatin, TN 37066-2803 Judge:LAFFERTY First Paragraph: The appellant, Jimmy Jones, Jr., appeals the dismissal of his pro se motion to reopen post-conviction petition or in the alternative a petition for habeas corpus relief by the Sumner County Criminal Court. In December, 1987, the appellant was convicted by a Sumner County jury on two counts of armed robbery and one count of burglary. The appellant received concurrent Range II sentences of forty-five years for the armed robbery convictions and fourteen years for the burglary conviction to run consecutively. On direct appeal, the appellant alleged trial errors as to (1) the sufficiency of the evidence to sustain the verdicts, (2) whether the trial court erred in limiting production of police reports, and (3) whether his effective sentence of fifty-nine years was excessive. In January, 1989, this court affirmed the judgment of the trial court in State v. Jimmy Jones, Jr., Sumner County No. 88-58-III (Tenn. Crim. App., Nashville, January 11, 1989) per. app. denied (Tenn. 1989). URL:http://www.tba.org/tba_files/TCCA/jonesjjr_opn.WP6 STATE OF TENNESSEE VS. BILLY GENE ODEN, JR. Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: SHARA ANN FLACY JOHN KNOX WALKUP District Public Defender Attorney General & Reporter WILLIAM C. BRIGHT (at hearing) LISA A. NAYLOR JOSEPH L. PENROD (on appeal) Asst. Attorney General Asst. District Public Defenders 425 Fifth Ave. N., 2d Floor 128 N. Second St. Nashville, TN 37243-0493 P.O. Box 1208 Pulaski, TN 38478 MIKE BOTTOMS District Attorney General LARRY NICKELL Asst. District Attorney General P.O. Box 1619 Columbia, TN 38401-1619 Judge:WITT First Paragraph: The defendant, Billy Gene Oden, Jr., appeals from the trial court's order revoking his probation and ordering him to serve his sentence in the Department of Correction. In this appeal, he claims the trial court was without jurisdiction to revoke his probation because his sentence had expired and because the court which revoked his probation was not the sentencing court. After a review of the record and the parties' briefs, we affirm the trial court's revocation of probation. URL:http://www.tba.org/tba_files/TCCA/odenbg_opn.WP6 STATE OF TENNESSEE VS. DARRELL WENTZEL Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: EUGENE J. HONEA JOHN KNOX WALKUP Assistant Public Defender Attorney General and Reporter 407-C Main Street, POB 68 Franklin, TN 37065-0068 ELIZABETH B. MARNEY Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243-0493 JOSEPH BAUGH District Attorney General P. O. Box 937 Franklin, TN 37065-0937 Judge:SMITH First Paragraph: On December 6, 1996, a Williamson County jury convicted Appellant, Darrell Wentzel, of two counts of aggravated robbery, one count of aggravated burglary, and one count of aggravated kidnapping. After a sentencing hearing on January 31, 1997, Appellant was sentenced to twelve years for each count of aggravated robbery, twelve years for aggravated kidnapping, and six years for aggravated burglary, with all sentences to be served concurrently. On February 18, 1997, Appellant filed a motion for judgment of acquittal or, in the alternative, a motion for a new trial, claiming that the evidence was insufficient for a conviction, that the aggravating kidnapping conviction should be dismissed because it was incidental to the robbery, that several of the trial court's evidentiary rulings were erroneous, and that the trial court had misapplied enhancement factors to arrive at maximum sentences on all four convictions. The trial court denied the motion. URL:http://www.tba.org/tba_files/TCCA/wentzdar_opn.WP6
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