February 22, 1999
Volume 5 -- Number 024

What follows is the case style or name, first paragraph, author's name, and the names of attorneys for the parties of each opinion released eletronically today to TBALink from Tennessee's three appellate courts.

This Issue (IN THIS ORDER):
 
06 New Opinion(s) from the Tennessee Supreme Court
00 New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel
00 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
01 New Opinion(s) from the Tennessee Court of Appeals
07 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
Editor-in-Chief, TBALink

		
CNA INSURANCE COMPANY
VS.
JAMES WOODS
JUDGMENT ORDER

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 ...

http://www.tba.org/tba_files/TSC/Cnawoods_jo.WP6



PEDRO GUTIERREZ VS. TRAVELERS INSURANCE COMPANY and DINA TOBIN, Director of the Division of Workman's Compensation, TENNESSEE DEPT. OF LABOR, SECOND INJURY FUND JUDGMENT ORDER 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 ... http://www.tba.org/tba_files/TSC/Gutierr_jo.WP6
DIANNA M. HUGHES VS. NATIONAL HEALTHCARE, INC. and SCOTT HEALTH CARE JUDGMENT ORDER 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 ... http://www.tba.org/tba_files/TSC/Hughesd_jo.WP6
ROBERT KEEL VS. SATURN CORPORATION JUDGMENT ORDER 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 ... http://www.tba.org/tba_files/TSC/Keelr_jo.WP6
CRAIG R. PITMON VS. RELIANCE INSURANCE COMPANY JUDGMENT ORDER 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 ... http://www.tba.org/tba_files/TSC/Pitmonc_jo.WP6
VIRGINIA N. TEMPLETON VS. THE AEROSTRUCUTRES CORPORATION JUDGMENT ORDER 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 ... http://www.tba.org/tba_files/TSC/Templeto_jo.WP6
JACK DAVIS VS. CLANETTA B. DAVIS Court:TCA Attorneys: For Appellant For Appellee THOMAS C. JESSEE MARGARET B. FUGATE Jessee & Jessee Anderson, Fugate, Givens & Belisle Johnson City, Tennessee Johnson City, Tennessee Judge:SUSANO First Paragraph: This is a divorce case. The core issues on appeal focus on the trial court's classification and division of property. The plaintiff, Jack Davis ("Husband"), appealed, claiming that the trial court erred in classifying certain property as marital property when the property should have been classified as his separate property; that the trial court awarded his wife, Clanetta Davis ("Wife"), a disproportionate share of the marital property; and that the trial court failed to adequately direct the work of the court-appointed special master. Wife, for her part, argues that she is entitled to a larger share of the marital property and that the trial court undervalued certain marital assets to her disadvantage. As an additional issue, she seeks attorney's fees for a frivolous appeal. http://www.tba.org/tba_files/TCA/Davisj_opn.WP6
STATE OF TENNESSEE VS. SHELLY BRAGG, KENNETH STORY, AND CRAIG STORY Court:TCCA Attorneys: FOR THE APPELLEE: FOR THE APPELLANT: DALE M. QUILLEN JOHN KNOX WALKUP Attorney for Shelly Bragg Attorney General & Reporter and Kenneth Story MICHAEL J. FLANAGAN LISA A. NAYLOR Attorney for Craig Story Assistant Attorney General 95 White Bridge Rd, Ste 208 2nd Floor, Cordell Hull Building Nashville, TN 37205 425 Fifth Avenue North Nashville, TN 37243 DAN MITCHUM ALSOBROOKS District Attorney General GEORGE C. SEXTON Assistant District Attorney General Humphreys County Courthouse Waverly, TN 37185 Judge:WOODALL First Paragraph: In this case, the State appeals as of right pursuant to Rule 3(c)(1) of the Tennessee Rules of Appellate Procedure from the trial court's order granting the Defendants' motions to suppress evidence seized pursuant to a search warrant executed on September 3, 1997. The record reflects that the trial court filed two (2) orders. One order generally granted the Defendants' motions to suppress. The other order more specifically suppressed testimony of police officers who conducted the search insofar as the testimony pertained to evidence obtained, and statements made by the Defendants to the officers. The motions to suppress evidence, which were generally granted, moved the court to suppress all items of physical evidence seized during the search. http://www.tba.org/tba_files/TCCA/Braggs_opn.WP6
STATE OF TENNESSEE VS. BRADLEY DAVIS Court:TCCA Attorneys: For the Appellant: For the Appellee: Gerald L. Melton John Knox Walkup District Public Defender Attorney General of Tennessee and and Russell N. Perkins Georgia Blythe Felner Assistant Public Defender Asst Attorney General of Tennessee 201 West Main St. 425 Fifth Avenue North Murfreesboro, TN 37130 Nashville, TN 37243-0493 William C. Whitesell, Jr. District Attorney General 20 N. Public Square 303 Judicial Bldg. Murfreesboro, TN 37130 Judge:TIPTON First Paragraph: The defendant, Bradley Davis, appeals as of right following his conviction in the Rutherford County Circuit Court for indecent exposure, a Class B misdemeanor. He received a sentence of six months confinement in the Rutherford County Workhouse to be served at seventy-five percent, suspended upon time served. The defendant contends that the evidence is insufficient to support his conviction. We affirm the judgment of conviction. http://www.tba.org/tba_files/TCCA/Davisb_opn.WP6
STATE OF TENNESSEE VS. GRADY PAUL GATLIN 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 (On Appeal Only) CLINTON J. MORGAN Assistant Attorney General JOHN HARWELL DICKEY 425 Fifth Avenue North Assistant Public Defender Nashville, TN 38243-0493 105 S. Main Street Fayetteville, TN 37334 MIKE MCCOWEN (At Trial District Attorney General and of Counsel on Appeal) W.E. BARNARD Assistant District Attorney Marshall Co. Courthouse Lewisburg, TN 37091 Judge:SMITH First Paragraph: On March 12, 1998, a Marshall County jury convicted Appellant Grady P. Gatlin of one count of forgery, one count of transfer of a forged check, and three counts of theft over $1,000.00. After a sentencing hearing on April 22, 1998, the trial court imposed concurrent sentences of three years and three months for all five convictions. After a hearing on Appellant's Motion For New Trial on June 3, 1998, the trial court merged the convictions for forgery and transfer of a forged check into the three theft convictions. Appellant challenges his three remaining theft convictions, raising the following issues: 1) whether the trial court erred when it failed to dismiss two of the counts of theft; and 2) whether the trial court erred when it failed to instruct the jury about division of marital property under Tennessee law. After a review of the record, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/Gatlingr_opn.WP6
STATE OF TENNESSEE VS. CHARLES HAMLIN Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: WILLIAM H. ORTWEIN JOHN KNOX WALKUP Ortwein & Associates, P.C. Attorney General and Reporter 723 McCallie Avenue Chattanooga, TN 37403-0016 KAREN M. YACUZZO Assistant Attorney General WILLIAM C. KILLIAN 450 James Robertson Parkway No. I Oak Avenue Nashville,TN 37243 Jasper, TN 37347 J. MICHAEL TAYLOR District Attorney General STEVE STRAIN Assistant District Attorney Jasper, TN 37347 Judge:SMITH First Paragraph: On May 19, 1995, a Marion County jury convicted Appellant Charles Hamlin of one count of first degree murder and one count of voluntary manslaughter. On June 29, 1995, the trial court imposed concurrent sentences of life imprisonment for the first degree murder conviction and seven years and six months for the voluntary manslaughter conviction. Appellant challenges his convictions, raising the following issues: 1) whether the evidence was sufficient to support Appellant's conviction for first degree murder; 2) whether the State prevented Appellant from having a fair trial by failing to disclose exculpatory evidence; 3) whether the State engaged in prosecutorial misconduct; 4) whether the trial court erred when it failed to examine the State's file for any undisclosed exculpatory material; 5) whether the trial court erred when it allowed a witness for the State to testify about the effects of methamphetamine use; and 6) whether the trial court erred when it ruled that a gun and a boot could not be admitted into evidence. After a review of the record, we affirm the judgment of the trial court in part, modify the conviction of first degree murder to second degree murder and remand this case to the trial court for re-sentencing on the conviction of second degree murder. http://www.tba.org/tba_files/TCCA/Hamlinch_opn.WP6
STATE OF TENNESSEE VS. LAURA ANN HUDSON Court:TCCA Attorneys: For the Appellant: For the Appellee: Gerald L. Melton John Knox Walkup District Public Defender Attorney General and Reporter 201 W. Main St, Ste 101 Murfreesboro, TN 37130 William David Bridgers Assistant Attorney General Criminal Justice Division 425 Fifth Avenue North 2d Floor, Cordell Hull Building Nashville, TN 37243-0493 Bill Whitsell District Attorney General Rutherford County Judicial Bldg. Murfreesboro, TN 37130 Judge:HAYES First Paragraph: The appellant, Laura Ann Hudson, was convicted by a Rutherford County jury of the first degree murder of her infant nephew and of arson to personal property. Following the jury's verdict, the appellant filed a motion for judgment of acquittal and a motion for new trial. After taking the matter under advisement, the trial court denied her motion for judgment of acquittal, but granted her motion for new trial on the basis that the State failed to carry its burden of proof on the issue of insanity. In this appeal, the appellant contends that the trial court erred in denying her motion for judgment of acquittal. We hold that a new trial is not the appropriate remedy when the trial court finds that the State did not meet its burden of proof; therefore, the trial court erred in granting a new trial. Moreover, because we find that the State of Tennessee failed to present sufficient evidence to support the jury's finding that the appellant was not insane, the appellant's convictions for first degree murder and setting fire to personal property are vacated and dismissed. This cause is remanded to the trial court for entry of a judgment of "not guilty by reason of insanity" and the initiation of proceedings under Tenn. Code Ann. S 33-7-303. http://www.tba.org/tba_files/TCCA/Hudsonla_opn.WP6
STATE OF TENNESSEE VS. NATHAN MCKISSACK Court:TCCA Attorneys: For Appellant: For Appellee: Eugene J. Honea Paul G. Summers Assistant Public Defender Attorney General and Reporter Twenty-First Judicial District 425 Fifth Avenue North 407-C Main Street, P.O. Box 68 Nashville, TN 37243-0493 Franklin, TN 37065-0068 Todd R. Kelly Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243-0493 Lee Dryer Assistant District Attorney General P.O. Box 937 Franklin, TN 37065-0937 Judge:OGLE First Paragraph: On September 30, 1997, a Williamson County jury found the appellant, Nathan McKissack, guilty of failure to appear. Because the underlying offenses were felonies, the appellant was convicted of a Class E felony and sentenced to four years in the Tennessee Department of Corrections as a Persistent, Range III offender. The trial court ordered that the appellant serve his sentence consecutively to his eight year sentence for the underlying offenses. http://www.tba.org/tba_files/TCCA/Mckissac_wpd.WP6
STATE OF TENNESSEE VS. BRIAN S. ROBERSON Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: ISABELLE MAUMUS JOHN KNOX WALKUP 2176 Hillsboro Road Attorney General and Reporter Suite 120 Franklin, TN 37064 LISA A. NAYLOR Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243-0493 JOE D. BAUGH, JR. District Attorney General JOHN BARRINGER Assistant District Attorney P. O. Box 937 Franklin, TN 37065-0937 Judge:SMITH First Paragraph: On April 10, 1997, a Williamson County jury convicted Appellant Bryan Roberson of the sale of .5 grams or more of cocaine. After a sentencing hearing on May 23, 1997, the trial court sentenced Appellant as a Range I standard offender to a term of eight and one-half years. Appellant challenges both his conviction and his sentence, raising the following issues: 1) whether the trial court erred when it failed to compel the State to disclose any agreements it had with its confidential informant; 2) whether the trial court erred when it allowed the prosecutor to comment on the audio tape of a drug transaction during his opening statement; 3) whether the trial court erred when it allowed a witness for the State to narrate the transaction on the audio tape; 4) whether the evidence was sufficient to support Appellant's conviction; and 5) whether the trial court properly sentenced Appellant. After a review of the record, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/Robersbr_opn.WP6

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