April 12, 1999
Volume 5 -- Number 048

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):
 
08 New Opinion(s) from the Tennessee Supreme Court
01 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
00 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

NATHAN BREWER
VS.
LINCOLN BRASS WORKS, INC.

Court:TSC

Attorneys:                          

FOR APPELLANT:                  FOR APPELLEE:

MARK C. TRAVIS                  JAY R. SLOBEY
COOKEVILLE                      NASHVILLE


Judge:HOLDER

First Paragraph:

We granted this appeal to address whether Tenn. Code Ann. S 50-6-231
precludes an enlargement of an award under S 50-6-241(a)(2) when the
original award was paid in a lump sum.  Upon review, we hold that a
lump sum award may later be enlarged if the criteria in S 241(a)(2)
are satisfied.  We further hold that S 241(a)(2) is not applicable
when there is either a subsequent injury or an aggravation of the
original injury which increases a worker's anatomical disability.

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



STATE OF TENNESSEE VS. BOBBY CRUTCHER Court:TSC Attorneys: For the Appellant: For the Appellee: John Knox Walkup Bryce C. Ruth, Jr. Attorney General & Reporter White House, Tennessee Michael E. Moore Solicitor General Karen M. Yacuzzo Assistant Attorney General Judge:BARKER First Paragraph: This is an appeal by the State of Tennessee from the judgment of the intermediate appellate court affirming the suppression of evidence in the trial court below. The sole issue is whether the warrantless police search of the appellee's motorcycle violated his rights guaranteed by the Fourth Amendment of the United States Constitution and Article I, section 7 of the Tennessee Constitution. http://www.tba.org/tba_files/TSC/Crtchrbc_opn.WP6
DISSENTING OPINION: http://www.tba.org/tba_files/TSC/Crutcher_dis.WP6
STATE OF TENNESSEE VS. TERESA DEION SMITH HARRIS Court:TSC Attorneys: APPELLANT FOR APPELLEE: Shipp Weems John Knox Walkup District Public Defender Attorney General & Reporter Charlotte, Tennessee Michael E. Moore Steve West Solicitor General West & West McKenzie, Tennessee Peter M. Coughlan (TRIAL ONLY) Assistant Attorney General Nashville, Tennessee G. Robert Radford District Attorney General Judge:DROWOTA First Paragraph: We granted this appeal to determine whether the constitutional harmless error analysis delineated in State v. Howell, 868 S.W.2d 238 (Tenn. 1993), applies when a jury renders an incomplete verdict as to one of the two aggravating circumstances upon which a sentence of life imprisonment without the possibility of parole is based. http://www.tba.org/tba_files/TSC/Harristd_opn.WP6
CONCURRING OPINION: http://www.tba.org/tba_files/TSC/Harristd_con.WP6
THURSTON ANDREW HELMS VS. TENNESSEE DEPARTMENT OF SAFETY Court:TSC Judge:BARKER First Paragraph: The appellant, Thurston Andrew Helms, has filed a thoughtful and earnest petition to rehear in the above styled case, contending that this Court has overlooked or misunderstands the nature and adoption of English common law. The appellant once again argues that the statutes governing the forfeiture of personal property are unconstitutional because they omit the right to a jury trial. http://www.tba.org/tba_files/TSC/Helmstah_ord.WP6
TERRY LYNN KING VS. STATE OF TENNESSEE Court:TSC Attorneys: For the Appellant: For the Appellee: Charles W. Fels & John Knox Walkup Wade V. Davies Attorney General & Reporter Ritchie, Fels & Dillard Knoxville, Tennessee Michael E. Moore Solicitor General Kenneth F. Irvine, Jr. Eldridge, Irvine & Hendricks John P. Cauley Knoxville, Tennessee Assistant Attorney General Nashville, Tennessee Randall Eugene Nichols District Attorney General Judge:BARKER First Paragraph: We granted this post-conviction appeal to review the appellant's conviction of felony murder and the sentence of death based, in part, on the felony murder aggravating circumstance. The appellant requests this Court to clarify the Howell harmless error analysis used in State v. Hines, 919 S.W.2d 573, 583-84 (Tenn. 1995), and to address whether the Howell analysis requires a comprehensive review of cumulative errors in the record. The appellant also alleges ineffective assistance of counsel and contends that his case should have been severed from his co-defendant's under Cruz v. New York, 481 U.S. 186, 107 S.Ct. 1714, 95 L.Ed.2d 162 (1987). http://www.tba.org/tba_files/TSC/Kingtl_opn.WP6
STATE OF TENNESSEE VS. GERALD PATRICK SMALL Court:TSC Attorneys: For Appellant: For Appellee: KENNETH F. IRVINE, JR. JOHN KNOX WALKUP Knoxville, TN Attorney General and Reporter MICHAEL E. MOORE Solicitor General ELIZABETH T. RYAN Assistant Attorney General Nashville, TN RANDALL E. NICHOLS District Attorney General WILLIAM J. BLEVINS Assistant District Attorney General Knoxville, TN Judge:BIRCH First Paragraph: We granted permission to appeal in this case in order to determine whether an accused who has intelligently and voluntarily waived the right to counsel and chosen to proceed pro se is constitutionally entitled to the assistance of advisory counsel. We conclude that there is no such constitutional entitlement and that the appointment of such advisory counsel is a matter entirely within the discretion of the trial court. Here, the trial court declined to appoint advisory counsel. For the reasons below stated, we find the trial court's decision to be amply supported by the record and affirm the judgment of the Court of Criminal Appeals. http://www.tba.org/tba_files/TSC/Smallg_opn.WP6
VALERIE PARHAM VS. CONWOOD COMPANY, L. P., Court:TSC - Workers Comp Panel Attorneys: For Appellant: For Appellee: William L. Underhill Randolph A. Veazey Madison, Tennessee James R. Tomkins Glasgow & Veazey Nashville, Tennessee Judge: LOSER 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. section 50-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. The employee or claimant, Parham, argues that the evidence preponderates against the trial court's finding that she did not suffer a compensable permanent injury. http://www.tba.org/tba_files/TSC_WCP/Parhamv_opn.WP6

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