February 26, 1999
Volume 5 -- Number 027

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):
 
00 New Opinion(s) from the Tennessee Supreme Court
02 New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel
00 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
06 New Opinion(s) from the Tennessee Court of Appeals
03 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 for TBALink members to get the full-text versions of these opinions from the Web:

Do a key word search in the Search Link area of TBALink.This option will allow you to view and save a plain text version of the opinion.

*NEW* Browse the Opinion List area of TBALink. This option will allow you to download the original WordPerfect 6.0 version of the opinion.

Click the URL at end of each Opinion paragraph below. This option will allow you to download the original WordPerfect 6.0 document.

Lucian T. Pera
Editor-in-Chief, TBALink

		
JERRY WAYNE ADAMS
VS.
JIMMY DEAN FOODS and THE TRAVELERS INSURANCE COMPANY

Court:TSC - Workers Comp Panel

Attorneys:      

For the Appellants:                 For the Appellee:

Kenneth R. Rudstrom                 T. J. Emison, Jr.
Thomas F. Preston                   P. O. Box 13
80 Monroe Avenue, Suite 500         Alamo, TN  38001
Memphis, TN  38103                    

Judge:TATUM

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.

This is an appeal by the plaintiff's employer, Jimmy Dean Foods, and
its insurance carrier, The Travelers Insurance Company, presenting the
sole issue as to whether the preponderance of the evidence supports
the trial court's award to the plaintiff, based on a finding of 50
percent permanent partial disability to both arms.  After a careful
review of the record, we conclude that the findings and judgment of
the trial court must be affirmed.

http://www.tba.org/tba_files/TSC_WCP/adamsjw_opn.WP6



JAMES MICHAEL RICHARDSON VS. A. O. SMITH COMPANY Court:TSC - Workers Comp Panel Attorneys: For the Appellant: For the Appellee: Gregory D. Jordan T. J. Emison, Jr. Jeffery G. Foster P. O. Box 13 Rainey, Kizer, Butler, Alamo, TN 38001 Reviere & Bell, P.L.C. 105 South Highland P. O. Box 1147 Jackson, TN 38302-1147 Judge:TATUM First Paragraph: This workers' compensation appeal was referred to the Special Workers' Compensation Appeals Panel of the Supreme Court pursuant to Tenn. Code Ann. S50-6-225(e)(3) (Supp. 1998) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. This case was tried on February 24, 1998. The chancellor found that there was no period of temporary total disability, but awarded the plaintiff fifteen percent (15%) permanent partial disability to the whole body as a result of a work-related accident in December 1988 or January 1989. Defendant, A. O. Smith Company, has appealed the chancellor's decision as not supported by a preponderance of the evidence. After careful review, we find that the judgment of the trial court must be reversed. http://www.tba.org/tba_files/TSC_WCP/richards_opn.WP6
VICTOR AUSTIN VS. SHELBY COUNTY GOVERNMENT Court:TCA Attorneys: Sandra C. Isom, DOWDEN, ZDANCEWICZ & CAMP, Memphis, Tennessee Attorney for Plaintiff/Appellant. Dedrick Brittenum, Jr., Steven C. Brammer, FARRIS, MATHEWS, BRANAN & HELLEN, P.L.C., Memphis, Tennessee Attorney for Defendant/Appellee. Judge:FARMER First Paragraph: Plaintiff Victor Austin appeals the trial court's summary judgment which dismissed his claim for wrongful discharge against Defendant/Appellee Shelby County Government. As pertinent to this appeal, Austin's wrongful discharge claim was based upon the provisions of the Tennessee Human Rights Act, Title VII of the Civil Rights Act of 1964, and the Family and Medical Leave Act. We affirm the trial court's judgment based on our conclusion that, even when viewed in the light most favorable to Austin, the evidence fails to support his wrongful discharge claim. http://www.tba.org/tba_files/TCA/austinvi_opn.WP6
JOHN DONALD BALL, JR VS. MISSY LYNN BALL Court:TCA Attorneys: For the Plaintiff/Respondent/Appellant: For the Defendant/Petitioner/Appellee: Daniel L. Smith Ron E. Harmon Savannah, Tennessee Savannah, Tennessee Judge:LILLARD First Paragraph: This is a post-divorce action in which the wife sought an order of contempt and judgment for an alimony arrearage. The husband was unemployed, alleged he was unable to pay the arrearage and sought an immediate reduction in alimony. The trial court held the husband in contempt and entered a judgment of $10,000 in favor of the wife. The trial court refused to consider the husband's motion for a reduction in alimony until he purged himself of his contempt by paying the alimony arrearage. Husband appeals. We affirm. http://www.tba.org/tba_files/TCA/balljd_opn.WP6
CLYDE BINGHAM, JR. and wife, BETTY BINGHAM VS. JAMES D. KNIPP and wife, LYNNE A. KNIPP Court:TCA Attorneys: W. Collins Bonds, KIZER, BONDS & HUGHES, Milan, Tennessee Attorney for Defendants/Appellants. Carthel L. Smith, Jr., Lexington, Tennessee Attorney for Plaintiffs/Appellees. Judge:FARMER First Paragraph: Defendants James D. Knipp and Lynne A. Knipp appeal the trial court's judgment finding that Plaintiffs/Appellees Clyde Bingham, Jr., and Betty Bingham had acquired a prescriptive easement to a field road on the Knipps' property. We reverse the trial court's judgment based on our conclusion that the record contains insufficient evidence to support the court's finding that the Binghams or their predecessors-in-title had acquired a prescriptive easement across the Knipps' property. http://www.tba.org/tba_files/TCA/binghamc_opn.WP6
IN THE MATTER OF: THE ESTATE OF JOHN L. HARPER, DECEASED ALVIN J. NANCE VS. N. DAVID ROBERTS, JR., ADMINISTRATOR C.T.A. OF THE ESTATE OF JOHN L. HARPER, DECEASED Court:TCA Attorneys: For Appellant For Appellee WILLIAM C. SKAGGS LINDA V. BAILEY JAMES A. MATLOCK, JR. Bailey, Roberts & Bailey, PLLC Ayres & Parkey Knoxville, Tennessee Knoxville, Tennessee Judge:SUSANO First Paragraph: This is a probate matter. Alvin J. Nance, the former executor of the estate of John L. Harper, appeals an order of the trial court confirming the report of the Clerk and Master, which report charges Nance with a balance of $115,403.31 in the settlement of Harper's estate. On appeal, Nance presents one issue for our review: Does the evidence preponderate against the trial court's conclusion that Nance failed to properly account for funds of the decedent's estate? http://www.tba.org/tba_files/TCA/Harperjh_opn.WP6
IN THE MATTER OF: KATERINA RICE, d/o/b 12-30-92 EDWARD RICE VS. DEBBIE BRADBERRY and LARRY BRADBERRY Court:TCA Attorneys: Edward Rice, Pro Se Kevin McAlpin; James H. Bradberry & Associates of Dresden For Appellees Judge:CRAWFORD First Paragraph: This case involves a petition for termination of parental rights and adoption. Respondent-Appellant, Edward Rice, appeals from the order of the trial court terminating his parental rights and granting the adoption of his minor child to Petitioners-Appellees, Larry Bradberry and Debbie Bradberry. http://www.tba.org/tba_files/TCA/riceed_opn.WP6
ANTONIO SWEATT VS. DONAL CAMPBELL, et al Court:TCA Attorneys: ANTONIO SWEATT, pro se Only, Tennessee PAUL G. SUMMERS Attorney General and Reporter MICHAEL MOORE Solicitor General PAMELA S. LORCH Assistant Attorney General Nashville, Tennessee Attorney for Appellees Judge:HIGHERS First Paragraph: Antonio Sweatt, a pro se inmate, has appealed the trial court's dismissal of this civil rights action that was brought against several individually named Tennessee Department of Correction (TDOC) employees. Based upon the following, we affirm the trial court's dismissal. http://www.tba.org/tba_files/TCA/sweatan_opn.WP6
STATE OF TENNESSEE VS. CLEO HENDERSON WITH DISSENT Court:TCCA Attorneys: For the Appellant: For the Appellee: Coleman W. Garrett Paul G. Summers Attorney for Appellant Attorney General and Reporter 200 Jefferson Ave, Ste 850 Memphis, TN 38103 Georgia Blythe Felner Assistant Attorney General Criminal Justice Division 425 Fifth Avenue North 2d Floor, Cordell Hull Building Nashville, TN 37243-0493 William L. Gibbons District Attorney General Terrell L. Harris Asst. District Attorney General Criminal Justice Complex Suite 301, 201 Poplar Avenue Memphis, TN 38103 Judge:HAYES First Paragraph: The appellant, Cleo Henderson, was charged in a one count indictment with attempt to commit second degree murder. A Shelby County jury found the appellant guilty of aggravated assault, resulting in a fourteen year sentence as a persistent offender. In this appeal as of right, the appellant argues that the evidence is insufficient as a matter of law to support the jury's verdict of aggravated assault. For the reasons discussed below, the judgment of conviction is reversed and dismissed. http://www.tba.org/tba_files/TCCA/hendsnc_opn.WP6 DISSENT: http://www.tba.org/tba_files/TCCA/hendrsnc_dis.WP6
STATE OF TENNESSEE VS. GERALD LEANDER HENRY Court:TCCA Attorneys: For the Appellant: For the Appellee: Karl Dean Charles W. Burson District Public Defender Attorney General of Tennessee and and David M. Siegel Christina S. Shevalier Senior Asst Public Defender and 1202 Stahlman Building Karen Yacuzzo Nashville, TN 37201 Asst Attorney Generals of Tennessee (AT TRIAL & ON APPEAL) 425 Fifth Avenue North Nashville, TN 37243-0493 Hollis I. Moore, Jr. and Victor S. Johnson, III David M. Siegel District Attorney General Senior Asst Public Defenders and 1202 Stahlman Building Kymberly Haas Nashville, TN 37201 Assistant District Attorney General (AT TRIAL) Washington Square, Suite 500 222 Second Avenue, North Nashville, TN 37201-1649 Judge:TIPTON First Paragraph: The defendant, Gerald Leander Henry, appeals as of right from his convictions by a jury in the Davidson County Criminal Court for first degree murder, for attempted first degree murder, especially aggravated kidnapping and especially aggravated robbery, Class A felonies, and for two counts of especially aggravated burglary, Class B felonies. The trial court sentenced the defendant as a Range I, standard offender to life imprisonment for the murder conviction, to twenty years for each Class A felony conviction, and to ten years for each Class B felony conviction. The court ordered that the sentences imposed for the first degree murder and the attempted first degree murder convictions be served consecutively. http://www.tba.org/tba_files/TCCA/Henrygl_opn.WP6
STATE OF TENNESSEE VS. JOHN W. HILL Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: FRANCIS W. PRYOR JOHN KNOX WALKUP Assistant Public Defender Attorney General and Reporter 12th Judicial District 200 Betsy Pack Drive CLINTON J. MORGAN Jasper, TN 37347 Counsel for the State 425 Fifth Avenue North Nashville, TN 37243-0493 J. MICHAEL TAYLOR District Attorney General STEVEN BLOUNT Assistant District Attorney 1002 West Main Decherd, TN 37324 Judge:SMITH First Paragraph: On June 26, 1997, Appellant John W. Hill pleaded guilty to operating a vehicle in violation of the habitual traffic offender law, a Class E felony. On August 22, 1997, the trial court imposed a two year sentence, with one year to be served "day by day" in the Franklin County Jail and one year to be served in the Community Corrections Program. Appellant challenges his sentence, raising the following issue: whether a trial court can impose a longer period of confinement by use of a split sentence under Tennessee Code Annotated section 40-35-306(a) than is allowed under Tennessee Code Annotated section 40-35-501(a)(3). After a review of the record, we reverse and remand this case for re-sentencing. http://www.tba.org/tba_files/TCCA/Hilljohn_opn.WP6

PLEASE FORWARD THIS EMAIL!
Feel free to forward this Opinion Flash on to anyone you know of with an e-mail address.

GET A FULL-TEXT COPY OF AN OPINION!
See the intrsuctions at the beginning of this edition of Opinion Flash.

JOIN TBALink!
While Opinion Flash is a free service of the Tennessee Bar Association, you must be a subscriber to TBALink, the premier Web site for Tennessee attorneys, in order to access the full-text of the opinions or enjoy many other features of TBALink. TBA members may join TBALink for just $50 per year. To join, go to: http://www.tba.org/join.html/

SUBSCRIBE TO OPINION FLASH!
Would you like to receive the TBALink Opinion-Flash free each day by e-mail? Anyone -- whether a TBA member or not is welcome to subscribe ... it's free!

For the
Plain Text Version:
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type:
SUBSCRIBE
3) Leave the body of the message blank

For the HTML Text Version:
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type:
SUBSCRIBE HTML
3) Leave the body of the message blank

UNSUBSCRIBE TO OPINION FLASH? ... SURELY NOT!

To STOP receiving TBALink Opinion-Flash:
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type:
UNSUBSCRIBE
3) Leave the body of the message blank


© Copyright 1999 Tennessee Bar Association