March 30, 1999
Volume 5 -- Number 042
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.
|00||New Opinion(s) from the Tennessee Supreme Court|
|03||New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel|
|01||New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court|
|08||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
MICHAEL BINGHAM VS. KIMBERLY-CLARK, INC. Court:TSC - Workers Comp Panel Attorneys: For the Appellant: For the Appellee: Carol M. Hayden B. J. Wade McDonald Kuhn Glassman, Jeter, Edwards & Wade 80 Monroe Avenue, Suite 550 26 North Second Street P. O. Box 3160 Memphis, TN 38103 Memphis, TN 38173-0160 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. The defendant/employer, Kimberly Clark, Inc., presents this appeal pursuant to Rule 3, Tennessee Rules of Appellate Procedure, and has assigned two issues: I. Whether the trial court erred in finding the defendant liable for the injuries caused to plaintiff. The scope of review is de novo. II. Whether the trial court erred in ordering defendant to pay plaintiff's medical expenses for treatment rendered and suggested by unauthorized physician, Dr. John Lindermuth, and discretionary costs for related deposition fees and court reporter. http://www.tba.org/tba_files/TSC_WCP/binghamm_opn.WP6
MARY MAUREEN BREWER VS. LIBERTY MUTUAL INSURANCE COMPANY, ET AL Court:TSC - Workers Comp Panel Attorneys: For the Appellant: For the Appellee: James T. Shea, IV David H. Dunaway Baker, McReynolds, Byrne, David H. Dunaway & Associates O'Kane, Shea & Townsend 100 South Fifth Street P.O. Box 1708 P.O. Box 231 Knoxville, TN 37901 LaFollette, TN 37766 Judge:BYERS 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. 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 findings, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. S 50-6-225(e)(2); Stone v. City of McMinnville, 896 S.W.2d 548, 550 (Tenn. 1995). The application of this standard requires this Court to weigh in more depth the factual findings and conclusions of the trial court in a workers' compensation case. http://www.tba.org/tba_files/TSC_WCP/Brewerma_wc.WP6
ANNE KAY METIER VS. DICO TIRE, INC. Court:TSC - Workers Comp Panel Attorneys: For the Appellants: For the Appellees: Weldon E. Patterson Bruce D. Fox Spicer, Flynn & Rudstrom Ridenour, Ridenour & Fox First Tennessee Plaza, Suite 1209 P. O. Box 530 800 S. Gay Street Clinton, Tennessee 37717-0530 Knoxville, Tennessee 37929 Judge:MCLELLAN First Paragraph: This worker's compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. S50-6-225 (e) (3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The employer, Dico Tire, Inc, has appealed from the action of the trial court and raises three issues. The first issue is whether the trial court erred in finding in favor of the plaintiff on the issue of notice. The second issue is whether the trial court erred on the finding in favor of the plaintiff on the issue of statute of limitations. The third issue is whether the trial court erred in awarding the plaintiff 30% disability to her upper extremities. http://www.tba.org/tba_files/TSC_WCP/Metiera_opn.WP6
SUPREME COURT OF TENNESSEE STATE LIST FOR PERMISSION TO APPEAL Court:TSC - Rules http://www.tba.org/tba_files/TSC_Rules/statelst_329.WP6
CHESTER ALAN BLEVINS VS. JOANELLE KAY BLEVINS and POLK MEMORIAL GARDENS INC. Court:TCA Attorneys: ALFRED H. KNIGHT WILLIS & KNIGHT 215 Second Avenue, North Nashville, TN 37201 Attorney for Joanelle Kay Blevins JAMES G. MARTIN, III STEPHEN H. PRICE FARRIS, WARFIELD & KANADAY, PLC 424 Church Street, Suite 1900 Nashville, TN 37219 JAMES T. DUBOIS DUBOIS & DUBOIS, P.C. 810 South Garden Street P. O. Box 339 Columbia, TN 38402-0339 Attorneys for Chester Alan Blevins Judge:GODDARD First Paragraph: This suit had its origin in a divorce decree rendered in the case of Chester Alan Blevins and Joanelle Kay Blevins, entered some two years before the present complaint was filed. The present complaint was one by Mr. Blevins against Mrs. Blevins and Polk Memorial Gardens, Inc., a corporation in which each party owns 50 percent of the stock. He alleged various problems regarding the memorial gardens attributed to Mrs. Blevins and seeks, among other things, that a receiver be appointed to effect the dissolution of the corporation, damages, and a restraining order. http://www.tba.org/tba_files/TCA/blevinsc_opn.WP6
CITIZENS TRI-COUNTY BANK VS. GEORGIA MUTUAL INSURANCE CO. Court:TCA Attorneys: Lex A. Coleman; Ruth, McCarthy & Coleman, P.C. of Chattanooga For Defendant-Appellant L. Thomas Austin of Dunlap For Plaintiff-Appellee Judge:TOMLIN First Paragraph: This case began as a breach of contract action filed by David and Darlene Crabtree ("Crabtrees"), the named insureds under an insurance policy issued by Georgia Mutual Insurance Company ("Georgia Mutual") insuring the Crabtrees' home against loss or damage by fire, as well as the producing agent, Johnny Hendrix ("Hendrix") in the Circuit Court of Grundy County. Georgia Mutual filed an answer, along with a motion for summary judgment. Later, during the pendency of a similar suit filed in federal court, Citizens Tri-County Bank ("Citizens") filed its motion to intervene in the case under consideration. Following the entry of an order in the federal court case whereby that court declined to exercise subject matter jurisdiction, an order permitting Citizens to intervene in the Grundy County case was entered. http://www.tba.org/tba_files/TCA/cititri_opn.WP6
BAXTER NEAL HELSON VS. LETICIA FINLEY CYRUS Court:TCA Attorneys: CHARLES G. BLACKARD, III 155 Franklin Road, Suite 155 Brentwood, Tennessee 37027 Attorney for Plaintiff/Appellee J. RUSSELL HELDMAN ERNEST W. WILLIAMS 320 Main Street, Suite 101 Franklin, Tennessee 37064 Attorneys for Defendant/Appellant Judge:CANTRELL First Paragraph: In this appeal we are asked to reverse the chancellor's action in issuing a show cause order for criminal contempt, in sua sponte changing the order from criminal to civil contempt, and in changing the court's original decree while it was on appeal and without being asked to do so. We affirm the chancellor's action. http://www.tba.org/tba_files/TCA/helsonb_opn.WP6
GREGORY PIGG VS. SCO. DANNY R. CASTEEL, et al. Court:TCA Attorneys: GREGORY PIGG, #228456 South Central Correctional Facility P. O. Box 279 Clifton, Tennessee 38425-0279 Pro Se/Petitioner/Appellant JOHN KNOX WALKUP Attorney General & Reporter PAMELA S. LORCH Assistant Attorney General 425 Fifth Avenue North Nashville, Tennessee 37243-0488 Attorney for Defendants/Appellees Judge:CANTRELL First Paragraph: A prisoner in a correctional institution operated by a private corporation filed a petition for writ of certiorari. The petition challenged a disciplinary conviction imposed upon him by a panel of correctional officers who were employees of the corporation. The trial court dismissed the petition for failure to state a cause of action. We reverse, and remand to the trial court for further proceedings. http://www.tba.org/tba_files/TCA/piggg_opn.WP6
CARRIE LOUISE PINSON VS. MICHAEL TATA Court:TCA Attorneys: Gerald S. Green, Memphis, Tennessee Attorney for Plaintiff/Appellant. Warren D. McWhirter, McWHIRTER & WYATT, Memphis, Tennessee Attorney for Defendant/Appellee. Judge:FARMER First Paragraph: Plaintiff Carrie Louise Pinson appeals an order of the trial court granting a motion for summary judgment filed by Defendant Michael Tata. Because we agree that Ms. Pinson's cause of action is barred by the statute of limitations, we affirm the ruling of the trial court. http://www.tba.org/tba_files/TCA/pinsoncl_opn.WP6
CONNIE FLYNN RAMSEY VS. RICHARD ALLEN RAMSEY Court:TCA Attorneys: ROBERT TODD JACKSON Jackson Law Office 222 Second Avenue North, Suite 419 Nashville, Tennessee 37201 ATTORNEY FOR PLAINTIFF/APPELLEE JENNIFER DAVIS ROBERTS 106 Center Avenue Post Office Box 944 Dickson, Tennessee 37055 ATTORNEY FOR DEFENDANT/APPELLANT Judge:CAIN First Paragraph: This is an appeal from a divorce decree terminating a 28 year marriage. At the time of the divorce hearing on March 26, 1998, Connie Flynn Ramsey was 51 years of age and Richard Allen Ramsey was 49 years of age. They parented one child who was emancipated and attending college at the time of the divorce. http://www.tba.org/tba_files/TCA/ramseyc_opn.WP6
PATRICIA K. REED VS. ALAMO RENT-A-CAR, INC. Court:TCA Attorneys: John R. Smith, BROWN, BRASHER & SMITH, Memphis, Tennessee Attorney for Plaintiff/Appellant. Roane Waring, III, SHUTTLEWORTH, SMITH, WILLIAMS, SABBATINI & HARPER, Memphis, Tennessee Attorney for Defendant/Appellee. Judge:FARMER First Paragraph: Plaintiff Patricia K. Reed appeals the trial court's judgment dismissing her claims for retaliatory discharge and breach of employment contract against Defendant/Appellee Alamo Rent-A-Car, Inc. We affirm the trial court's dismissal of Reed's retaliatory discharge claim, but we reverse the court's dismissal of Reed's claim for breach of employment contract, and we remand for further proceedings. http://www.tba.org/tba_files/TCA/reedpk_opn.WP6
E. L. (ELDRED) REID VS. W. G. LUTCHE, LEGAL ASST., et al. Court:TCA Attorneys: E. L. (ELDRED) REID Special Needs Facility 15-A, 11-A 7575 Cockrill Bend Industrial Road Nashville, Tennessee 37209-1057 Pro Se/Petitioner/Appellee JOHN KNOX WALKUP Attorney General and Reporter KIMBERLY J. DEAN Deputy Attorney General 425 Fifth Avenue North Nashville, Tennessee 37243 Judge:CANTRELL First Paragraph: An inmate in the custody of the Department of Correction filed a petition for declaratory judgment and/or for writ of certiorari, to challenge a prison disciplinary conviction and alleged irregularities in the prison grievance procedure. The trial court dismissed the petition. We affirm. http://www.tba.org/tba_files/TCA/reidel_opn.WP6
STATE OF TENNESSEE VS. HOWARD KAREEM ATKINS Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: TOM W. CRIDER JOHN KNOX WALKUP District Public Defender Attorney General & Reporter JOYCE DIANE STOOTS JOHN ROSS DYER Assistant Public Defender Assistant Attorney General 107 South Court Square Criminal Justice Division Trenton, TN 38382 425 Fifth Avenue North Nashville, TN 37243 CLAYBURN PEEPLES District Attorney General 110 College, Suite 200 Trenton, TN 38382 Judge:WILLIAMS First Paragraph: In the Circuit Court of Haywood County, Tennessee, the defendant, Howard K. Atkins, pleaded guilty to possession of a schedule VI controlled substance with intent to sell or deliver. On a certified question of law, the defendant appeals the trial court's denying his pre-trial motion to suppress evidence. We AFFIRM the trial court's judgment. http://www.tba.org/tba_files/TCCA/atkinshk_opn.WP6
STATE OF TENNESSEE VS. THOMAS EDWARD BRADLEY Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: J. MARK JOHNSON JOHN KNOX WALKUP BILL R. BARRON Attorney General & Reporter 124 East Court Square Trenton, TN 38382 J. ROSS DYER Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243 ROBERT "GUS" RADFORD District Attorney General STEVE GARRETT Assistant District Attorney General P.O. Box 686 Huntingdon, TN 38372 Judge:WILLIAMS First Paragraph: Thomas Edward Bradley was convicted of voluntary manslaughter and sentenced to six years in the Tennessee Department of Correction. He appeals this sentence as of right, arguing that the trial court erred in applying certain enhancement factors. We AFFIRM the judgment of the trial court. http://www.tba.org/tba_files/TCCA/bradlyte_opn.WP6
STATE OF TENNESSEE VS. ALEXANDER BARTHOLOMEW CAWTHON Court:TCCA Attorneys: For the Appellant: For the Appellee: Vicki S. Snyder John Knox Walkup Asst. District Public Defender Attorney General and Reporter 117 North Forrest Avenue Camden, TN 38320 Marvin E. Clements, Jr. Assistant Attorney General Guy T. Wilkinson Criminal Justice Division District Public Defender 425 Fifth Avenue North 2d Floor, Cordell Hull Building Nashville, TN 37243-0493 G. Robert Radford District Attorney General Eleanor Cahill Asst. District Attorney General P. O. Box 686 Huntingdon, TN 38344 Judge:HAYES First Paragraph: The appellant, Alexander Bartholomew Cawthon, was convicted by a jury in the Carroll County Circuit Court of two counts of sale of cocaine, Class C felonies. The trial court imposed a sentence of five years for each count to run concurrently as a Range I standard offender. The appellant's sole issue on appeal is the sufficiency of the convicting evidence. http://www.tba.org/tba_files/TCCA/cawthona_opn.WP6
STATE OF TENNESSEE VS. KERRY LEE CHEARIS Court:TCCA Attorneys: FOR THE APPELLANT: RICHARD G. ROSSER 102 East Court Square Somerville, TN 38068-1436 FOR THE APPELLEE: JOHN KNOX WALKUP Attorney General and Reporter MARVIN E. CLEMENTS, JR. Assistant Attorney General Cordell Hull Building, 2nd Floor 425 Fifth Avenue North Nashville, TN 37243-0493 ELIZABETH T. RICE District Attorney General 302 E. Market Street Somerville, TN 38068 Judge:RILEY First Paragraph: A Fayette County jury found defendant guilty of possession of cocaine over 0.5 grams with intent to deliver, a Class B felony. The trial court sentenced defendant as a Range II multiple offender to 16 years in the Department of Correction. In this appeal as of right, defendant raises the following issues: 1. whether the trial court erred in failing to suppress evidence seized pursuant to defendant's apprehension for violation of a city ordinance; 2. whether the trial court erred in failing to suppress defendant's statement to TBI Agent Francisco Hidalgo; 3. whether the evidence was sufficient to support the verdict of guilt; 4. whether the trial court erred in allowing redirect testimony regarding the city ordinance that was the basis for defendant's apprehension; 5. whether the trial court timely ruled on defendant's pre-trial motions; and 6. whether the 16-year sentence is proper. We conclude that the search of defendant was improper. As a result, all evidence obtained as a result of that search must be suppressed. Due to this error, the trial court's judgment is REVERSED and the case DISMISSED. http://www.tba.org/tba_files/TCCA/chearisk_opn.WP6
STATE OF TENNESSEE VS. TIMOTHY ALAN HOPPER Court:TCCA Attorneys: For the Appellant: For the Appellee: Ron Harmon John Knox Walkup PO Box 968 Attorney General & Reporter Savannah, TN. 38372 (at trial) Peter M. Coughlan 425 Fifth Avenue North Richard W. DeBerry 2nd Floor, Cordell Hull Building Assistant Public Defender Nashville, TN. 37243 PO Box 663 Camden, TN. 38320 G. Robert Radford (on appeal) District Attorney General John W. Overton, Jr. Assistant District Attorney General PO Box 484 Savannah, TN. 38372 Judge:BARKER First Paragraph: The appellant, Timothy Alan Hopper, appeals as of right from his convictions in the Hardin County Circuit Court of burglary and driving under the influence. Following a jury trial, the appellant was sentenced as a Range II multiple offender to serve six (6) years for the burglary conviction and eleven (11) months and twenty nine (29) days for D.U.I. The sentences were ordered to run concurrently, with the sentence for D.U.I. suspended to thirty (30) days. http://www.tba.org/tba_files/TCCA/hopprtah_opn.WP6
STATE OF TENNESSEE VS. LAUREN E. LESLIE AND JANIE WHITEHEAD Court:TCCA Attorneys: FOR LAUREN E. LESLIE: FOR THE APPELLEE: SHARON G. LEE JOHN KNOX WALKUP Attorney at Law Attorney General & Reporter 106 College St., POB 425 Madisonville, TN 37354-0425 CLINTON J. MORGAN Counsel for the State FOR JANIE WHITEHEAD: Criminal Justice Division 425 Fifth Ave. North CHARLES M. CORN, 2d Floor, Cordell Hull Bldg. District Public Defender Nashville, TN 37243-0493 53-A Central Ave., P. O. Box 1453 JERRY N. ESTES Athens, TN 37364-1453 District Attorney General RICHARD CARSON NEWMAN Assistant District Attorney General 130 Washington Ave., P.O. Box 647 Athens, TN 37371-0647 Judge:WITT First Paragraph: The defendants, Lauren E. Leslie and Janie Whitehead, pleaded guilty in Monroe County Criminal Court to assault, a Class A misdemeanor. In addition, Leslie pleaded guilty to reckless endangerment, also a Class A misdemeanor. The trial court sentenced Leslie to two concurrent sentences of eleven (11) months and twenty-nine (29) days. The trial judge ordered him to serve thirty (30) percent of that sentence as a "standard offender." Whitehead received a sentence of eleven (11) months and twenty-nine (29) days to be suspended after serving the first thirty days in confinement. In addition, the defendants are jointly and severally liable for restitution in the amount of $957. In this direct appeal, the defendants contend that the trial court erred in ordering them to serve a portion of their sentences in confinement. After reviewing the record on appeal and the briefs of the parties, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/Lesliel_opn.WP6
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