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):
 
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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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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