March 10, 1999
Volume 5 -- Number 034

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
00 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
 

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Lucian T. Pera
Editor-in-Chief, TBALink

		
		
LINDA S. HOPSON
VS.PHILIPS CONSUMER ELECTRONICS
and
DINA TOBIN, DIRECTOR OF THE DIV. OF SECOND INJURY FUND

Court:TSC - Workers Comp Panel

Attorneys: 

For the Appellant:          For the Appellee:

John T. Milburn Rogers      G. P. Gaby
100 South Main Street       P.O. Box 1060
Greeneville, Tenn.  37743   Greeneville, Tenn.  37744-1060

                            Kathleen W. Stratton
                            2nd Floor Cordell Hull Bldg.
                            425 Fifth Ave. North
                            Nashville, Tenn.  37243-0499                         

Judge:THAYER

First Paragraph:

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.

The appeal has resulted from the action of the trial court in awarding
plaintiff, Linda S. Hopson, 55% permanent partial disability to the
left arm as a result of an accident while working for defendant,
Philips Consumer Electronics.  The circuit judge dismissed the case
against the Second Injury Fund.  Plaintiff, being dissatisfied with
the award of benefits, contends the award should be increased.

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



CHARLINE SUERTH VS. RED KAP INDUSTRIES, INC. Court:TSC - Workers Comp Panel Attorneys: For the Appellant: For the Appellee: Roger L. Ridenour Robert R. Ramey Ridenour, Ridenour & Fox Upchurch, Colvard, York & Ramey P.O. Box 530 P.O. Box 3549 Clinton, Tenn. 37717-0530 Crossville, Tenn. 38557-3549 Judge:THAYER 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. Plaintiff, Charline Suerth, has perfected this appeal from the action of the trial court in awarding her 7 _% permanent partial disability benefits to the body as a whole from her employer, Red Kap Industries, Inc. http://www.tba.org/tba_files/TSC_WCP/Suerthch_wc.WP6
STATE OF TENNESSEE VS. DELIVETRICK D. BLOCKER Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: PHILIP L. DUVAL JOHN KNOX WALKUP 537 Market St, Ste 204 Attorney General and Reporter Chattanooga, TN 37402 R. STEPHEN JOBE Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243-0493 BILL COX District Attorney General RODNEY STRONG Assistant District Attorney General Suite 300, Courts Building Chattanooga, TN 37402 Judge:WELLES First Paragraph: The Defendant, Delivetrick D. Blocker, appeals as of right his convictions and sentences for especially aggravated robbery and first degree murder committed during the perpetration of especially aggravated robbery. Following sentencing hearings, the jury sentenced Defendant to life imprisonment without the possibility of parole for his murder conviction; and the trial court sentenced him to twenty-two years for especially aggravated robbery, to be served consecutive to his life sentence. We affirm Defendant's conviction for felony murder and modify his conviction for especially aggravated robbery to attempted especially aggravated robbery. http://www.tba.org/tba_files/TCCA/Blockedd_opn.WP6
STATE OF TENNESSEE VS. BRIAN THOMAS KLUEVER Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: JULIE MARTIN (On Appeal) JOHN KNOX WALKUP Attorney at Law Attorney General & Reporter P. O. Box 426 Knoxville, TN 37901-0426 GEORGIA BLYTHE FELNER Counsel for the State MACK GARNER (At Trial) Criminal Justice Division District Public Defender Cordell Hull Bldg., Second Floor 419 High St. 425 Fifth Ave. North Maryville, TN 37804 Nashville, TN 37243-0493 MICHAEL L. FLYNN District Attorney General EDWARD BAILEY, JR. Assistant District Attorney General 363 Court St. Maryville, TN 37804 Judge:WITT First Paragraph: The defendant, Brian Thomas Kluever, appeals pursuant to Rule 3 of the Tennessee Rules of Appellate Procedure from the trial court's denial of full probation. The defendant pleaded guilty to felony evading arrest, to driving on a suspended license (second offense) and driving while under the influence (first offense). As part of the plea agreement, the defendant agreed to an effective sentence of one year, but the manner of service was left to the discretion of the trial judge. After a sentencing hearing, the trial court ordered the defendant to serve 120 days in jail with the balance of the sentence to be served on probation. The defendant will be eligible for work release after serving 48 hours. http://www.tba.org/tba_files/TCCA/Kluvrb_opn.WP6
STATE OF TENNESSEE VS. REMA LYNN MORGAN Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: Martha Yoakum John Knox Walkup District Public Defender Attorney General & Reporter Eighth Judicial District Ellen H. Pollack Charles Herman Assistant Attorney General Asst District Public Defender Criminal Justice Division P.O. Box 337 425 Fifth Avenue North Jacksboro, TN 37757 Nashville, TN 37243 Judge:BYERS First Paragraph: The defendant was convicted of attempted aggravated rape and sentenced to serve 25 years as a range 3 persistent offender. The defendant says the evidence is insufficient to support the conviction and that the trial judge erred in finding him to be a persistent rather than a multiple offender. The judgment of the trial court is affirmed. http://www.tba.org/tba_files/TCCA/Morganre_cca.WP6

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