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May 27, 1999
Volume 5 -- Number 073
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):
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| 01 |
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 |
| 01 |
New Opinion(s) from the Tennessee Court of Appeals |
| 05 |
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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will allow you to download the original WordPerfect 6.0 document.
Lucian T. Pera
Editor-in-Chief, TBALink
DAVID A. ROETTGER
VS.
METRO GOVERNMENT
OF NASHVILLE & DAVIDSON
COUNTY, TENNESSEE, et al
Court:TSC
JUDGMENT ORDER
Judge: WEATHERFORD
First Paragraph:
This case is before the Court upon motion for review pursuant to Tenn.
Code Ann. S 50-6-225(e)(5)(B), 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 motion for review is not
well-taken and should be denied; and It is, therefore, ordered that the
Panel's findings of fact and conclusions of law are adopted and
affirmed, and the decision of the Panel is made the judgment of the
Court. Costs on appeal are taxed to the plaintiff-appellant.
http://www.tba.org/tba_files/TSC/Roettger_jo.WP6
TIMOTHY W. COX
VS.
HARTFORD ACCIDENT &
INDEMNITY COMPANY,
and SUE ANN HEAD, DIRECTOR
OF THE DIVISION OF WORKERS'
COMPENSATION CLAIMS,
TENNESSEE DEPARTMENT OF
LABOR, SECOND INJURY FUND
Court:TSC - Workers Comp Panel
Attorneys:
For the Appellant: For the Appellee:
John Knox Walkup David H. Dunaway
Attorney General and Reporter David H. Dunaway & Associates
P.O. Box 231
Sandra E. Keith LaFollette, TN 37766
Assistant Attorney General
Cordell Hull Building, Second Floor
425 5th Avenue North
Nashville, TN 37243
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.
http://www.tba.org/tba_files/TSC_WCP/Coxtimot_wc.WP6
FRANK VERNON SOUTHERS
VS.
PATSY LORETTA SOUTHER
Court:TCA
Attorneys:
For Appellant For Appellee
JOHN S. BINGHAM DAVID S. HAYNES
Hawkins, Moody, Bingham, Bristol, Tennessee
Miller, P.C.
Kingsport, Tennessee
Judge:SUSANO
First Paragraph:
This is a post-divorce case. The trial court set aside that portion of
the parties' judgment of divorce dealing with the issue of periodic
alimony. It then entered a new decree again establishing Frank Vernon
Southers' ("Husband") periodic alimony obligation at $2,000 per month,
but decreeing new terms as to when his obligation would terminate. In a
subsequent order, the trial court decreed that Husband should reimburse
Patsy Loretta Southers ("Wife") the sum of $6,255.44 for medical
insurance premiums previously paid by her. The second order further
directs that Husband pay Wife's premiums in futuro until May 12, 1998.
http://www.tba.org/tba_files/TCA/sothrsfv_opn.WP6
STATE OF TENNESSEE
VS.
LEWIS L. BELL, a.k.a.
LEWIS COLEMAN, a.k.a.
LOUIS LEE INGRAM
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
JEFFREY A. DeVASHER JOHN KNOX WALKUP
Assistant Public Defender Attorney General and Reporter
BRENT T. WHITE PATRICIA C. KUSSMANN
Assistant Public Defender Assistant Attorney General
1202 Stahlman Building 425 Fifth Avenue North
Nashville, TN 37201
VICTOR S. JOHNSON
District Attorney General
NICK BAILEY
Assistant District Attorney General
Washington Square, Suite 500
222 Second Avenue North
Nashville, TN 37201-1649
Judge:WELLES
First Paragraph:
The Defendant, Lewis L. Bell, appeals from his convictions for burglary
and criminal impersonation. On appeal, he argues (1) that the evidence
was insufficient to convict him of burglary or criminal impersonation,
(2) that the trial court erred by admitting the testimony of a
fingerprint specialist, and (3) that the trial court erred by
instructing the jury that it could "weigh and consider" the meaning of a
sentence of imprisonment. Because we find no merit in Defendant's three
issues, we affirm his convictions.
http://www.tba.org/tba_files/TCCA/Bellll_opn.WP6
STATE OF TENNESSEE
VS.
RONNIE R. GARNER
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
ROBERT S. PETERS JOHN KNOX WALKUP
100 First Avenue, S.W. Attorney General and Reporter
Winchester, TN 37398
LUCIAN D. GEISE
Assistant Attorney General
425 Fifth Avenue North
Nashville, TN 37243
J. MICHAEL TAYLOR
District Attorney General
STEVEN M. BLOUNT
Assistant District Attorney General
1002 West Main Street
Decherd, TN 37324
Judge:WELLES
First Paragraph:
The Defendant, Ronnie R. Garner, appeals from his conviction for
second-offense DUI and failure to wear a seat belt. The sole issue he
argues on appeal is the sufficiency of the evidence for DUI. We
conclude that the evidence was sufficient to permit the jury to convict
Defendant of DUI, and we therefore affirm the verdict of the jury as
approved by the trial court.
http://www.tba.org/tba_files/TCCA/Garnerrr_opn.WP6
JAMES E. KENNER
VS.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Robert J. Mendes John Knox Walkup
Cummins Station, Ste 507 Attorney General of Tennessee
209 Tenth Avenue South and
Nashville, TN 37203 Timothy Behan
Assistant Attorney General of Tennessee
425 Fifth Avenue North
Nashville, TN 37243-0493
Victor S. Johnson, III
District Attorney General
and
Nick Bailey
Assistant District Attorney General
Washington Square, 222 2nd Ave. N.
Nashville, TN 37201-1649
Judge:TIPTON
First Paragraph:
The petitioner, James E. Kenner, appeals as of right from the Davidson
County Criminal Court's denial of his petition for post-conviction
relief. The petitioner seeks relief from his 1994 convictions for five
counts of aggravated burglary and five counts of theft. He was
sentenced as a career offender to fifteen years confinement in the
Department of Correction for each aggravated burglary conviction and
twelve years for each theft conviction. The aggravated burglary
sentences were ordered to be served consecutively to each other but
concurrently with the corresponding sentences for theft, for a total
sentence of seventy-five years. This court affirmed the convictions in
State v. James E. Kenner, No. 01C01-9503-CR-00052, Davidson County
(Tenn. Crim. App. Feb. 13, 1996).
http://www.tba.org/tba_files/TCCA/Kennerje_opn.WP6
MARK S. MILLER
VS.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
JOHN W. ROUTH JOHN KNOX WALKUP
4611 Old Broadway Attorney General and Reporter
Knoxville,TN 37918
TODD R. KELLEY
Assistant Attorney General
425 Fifth Avenue North
Nashville, TN 37243-0493
RANDALL E. NICHOLS
District Attorney General
ANNE CRISLER
Assistant District Attorney
City-County Building
Knoxville, TN 37902
Judge:SMITH
First Paragraph:
On September 10, 1991, Appellant Mark S. Miller pled guilty to one count
of conspiracy to sell cocaine. That same day, the trial court sentenced
Appellant to four years of imprisonment, but apparently postponed the
entry of judgment. On September 24, 1992, the trial court determined
that Appellant should serve sixty days of his sentence in confinement
followed by the remainder on probation. Because Appellant had failed
to adhere to the conditions of his probation, the trial court ordered on
January 11, 1995, that Appellant be placed under the supervision of the
Community Alternatives to Prison Program ("CAPP"). On April 13, 1995,
the trial court revoked Appellant's placement in CAPP because of
Appellant's failure to comply with the requirements of the program.
http://www.tba.org/tba_files/TCCA/Millerma_opn.WP6
JAMES H. REGISTER
VS.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
JOHN E. HERBISON JOHN KNOX WALKUP
2016 Eighth Avenue South Attorney General and Reporter
Nashville, TN 37204
KAREN M. YACUZZO
Assistant Attorney General
425 Fifth Avenue North
Nashville, TN 37243-0493
MIKE MCCOWN
District Attorney General
ROBERT CRIGLER
Assistant District Attorney
Bedford County Courthouse
Shelbyville, TN 37160
Judge:SMITH
First Paragraph:
The petitioner, James H. Register, appeals the Bedford County Circuit
Court's order denying his petition for post-conviction relief after an
evidentiary hearing. Register was convicted in 1992 of one (1) count of
aggravated robbery and one (1) count of aggravated burglary and received
an effective sentence of thirty (30) years. Petitioner subsequently
filed the present petition which alleged numerous constitutional
violations. On appeal, the petitioner contends that (1) the state
withheld exculpatory information at a suppression hearing prior to
trial; (2) the state knowingly presented false testimony at trial; and
(3) trial counsel was ineffective for failing to discover such
exculpatory information. After a thorough review of the record before
this Court, we affirm the judgment of the trial court.
http://www.tba.org/tba_files/TCCA/Registja_opn.WP6
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