June 02, 1999
Volume 5 -- Number 076

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
00 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
04 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


GREG WILLIAMS
VS.
SUBURBAN MANUFACTURING
Court:TSC

Attorneys:                          
For Plaintiff:                      For Defendant:

Alexander W. Gothard                William A. Lockett
Hatcher, Johnson, Meaney & Gothard  Michael A. Kent
Chattanooga, Tennessee              Cleary & Lockett
                                    Chattanooga, Tennessee
Judge:LOSER

First Paragraph:

This workers' compensation appeal has been referred to the Special
Workers' Compensation Appeals Panel in accordance with Tenn. Code Ann.
section 50-6-225(e)(3) for hearing and reporting of findings of fact and
conclusions of law.  In this appeal, the employee or claimant, Williams,
insists the evidence preponderates against the trial court's denial of
medical benefits and temporary total disability benefits.  The employer,
Suburban, insists the evidence preponderance against the trial court's
finding that the employee suffered an injury by accident and that the
claim should be disallowed because the employee failed to give notice of
his claim as required by Tenn. Code Ann. section 50-6-201.  As discussed
below, the panel has concluded the judgment should be affirmed.

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



AARON M. BRYANT VS. STATE OF TENNESSEE Court:TCCA Attorneys: AARON M. BRYANT (pro se) JOHN KNOX WALKUP South Central Correctional Center Attorney General & Reporter P.O. Box 279 Clifton, TN 38425-5346 ELLEN H. POLLACK Assistant Attorney General 425 Fifth Ave. N., 2d Floor Nashville, TN 37243-0493 VICTOR S. (TORRY) JOHNSON III District Attorney General STEVE R. DOZIER Assistant District Attorney Washington Square 222 Second Ave. N., Suite 500 Nashville, TN 37201-1649 Judge:WITT First Paragraph: The petitioner, Aaron M. Bryant, appeals from the Wayne County Criminal Court's order dismissing his petition for habeas corpus relief. The petitioner pleaded guilty to aggravated sexual battery, and the trial court imposed a sentence of confinement for ten years in the Department of Correction. On May 6, 1998, he filed a pro se petition for habeas corpus relief. The trial court denied habeas corpus relief because it found that the petitioner did not assert grounds which would entitle him to the writ of habeas corpus. The petitioner alleges that his conviction is based on a defective indictment. Following a review of the record and the briefs of the parties, we affirm the trial court's dismissal of the petition. http://www.tba.org/tba_files/TCCA/Bryantam_opn.WP6
STATE OF TENNESSEE VS. HEATHER DENISE CURRY Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: RICHARD McGEE JOHN KNOX WALKUP 601 Woodland Street Attorney General and Reporter Nashville, TN 37206 MARVIN E. CLEMENTS, JR. Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243 JOE D. BAUGH, JR. District Attorney General LEE DRYER DEREK SMITH Assistant District Attorneys General P.O. Box 937 Franklin, TN 37065-0937 Judge:WELLES First Paragraph: On February 29, 1998, the Defendant, Heather Denise Curry, was indicted on charges of attempted theft and criminal impersonation. On April 6, 1998, she pleaded guilty to attempted theft, and as part of her negotiated plea agreement, the charge of criminal impersonation was "nolle prossed." The agreement called for the trial judge to determine her sentence, and the Defendant requested judicial diversion. On August 20, 1998, the trial court denied her request and sentenced her to two years' confinement, suspended, with four years on supervised probation. The Defendant now appeals her sentence, pursuant to Rule 3 of the Tennessee Rules of Appellate Procedure. The sole issue for our consideration on appeal is whether the trial court erred by denying the Defendant's request for judicial diversion. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/Curryhd_opn.WP6
STATE OF TENNESSEE VS. CALVIN EUGENE HEAD Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: MICHAEL R. JONES JOHN KNOX WALKUP 19th District Public Defender Attorney General & Reporter 110 Sixth Avenue, West Springfield, TN 37172 ELIZABETH B. MARNEY Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243 JOHN WESLEY CARNEY, JR. District Attorney General HELEN O. YOUNG Assistant District Attorney General 204 Franklin Street, Suite 200 Clarksville, TN 37040 STEVE GARRETT Assistant District Attorney General 500 South Main Street Springfield, TN 37172 Judge:WITT First Paragraph: The defendant, Calvin Eugene Head, appeals from his Montgomery County Circuit Court conviction and from the resulting sentence by the trial court. A jury convicted the defendant of the Class C felony of possession of cocaine with intent to sell, and after a sentencing hearing, the trial court imposed a Range I sentence of five years confinement in the Tennessee Department of Correction and ordered the sentence to be served consecutively to a ten-year sentence previously imposed upon the defendant in an unrelated Montgomery County robbery case. In this appeal, the defendant challenges the sufficiency of the convicting evidence and asserts that the trial court erred in sentencing him to a five-year sentence to be served consecutively to the previous ten-year sentence. After a review of the record, the applicable law, and the briefs of the parties, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/Headce_opn.WP6
STATE OF TENNESSEE VS. PAUL CARR MOSS, JR. Court:TCCA Attorneys: For Appellant: For Appellee: Gregory D. Smith John Knox Walkup Contract Appellate Defender Attorney General and Reporter One Public Square, Suite 321 Clarksville, TN 37040 Kim R. Helper (on appeal) Assistant Attorney General 425 Fifth Avenue, North Michael R. Jones Cordell Hull Building, Second Floor Public Defender Nashville, TN 37243-0493 113 6th Avenue West Springfield, TN 37172 Dan Alsobrooks (at trial and on appeal) District Attorney General Pro Tem William J. Bradley Lockert, III and James W. Kirby Assistant District Attorneys General 105 Sycamore Street Ashland City, TN 37015-1806 Judge:WADE First Paragraph: The defendant, Paul Carr Moss, Jr., was indicted for the first degree murder of his wife, Peggy Ann Moss. He was convicted of second degree murder, a Class A felony. Tenn. Code Ann. S 39-13-210. The trial court imposed a Range I sentence of twenty-five years. The defendant was fined $50,000.00. http://www.tba.org/tba_files/TCCA/Mosspcjr_opn.WP6
STATE OF TENNESSEE VS. BARRY WADDELL Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: LIONEL R. BARRETT, JR. JOHN KNOX WALKUP Washington Square Two, Suite 418 Attorney General & Reporter 222 Second Avenue North Nashville, TN 37201 DARYL J. BRAND (On Appeal Only) Assistant Attorney General 2nd Floor, Cordell Hull Building DIANNE TURNER 425 Fifth Avenue North Trial Lawyers Building Nashville, TN 37243 430 Third Avenue North, Suite 101 Nashville, TN 37201-1111 VICTOR S. JOHNSON, III (At Trial Only) District Attorney General DAVID A. COLLINS WILLIAM REED 211 Printers Alley Bldg, Ste 400 Asst District Attorney General Nashville, TN 37201 Washington Square, Suite 500 (At Trial Only) 222 2nd Avenue North Nashville, TN 37201-1649 Judge:WOODALL First Paragraph: The Defendant, Barry Waddell, appeals as of right from his conviction in the Davidson County Criminal Court. After a jury trial, Defendant was convicted of two (2) counts of rape of a child (Counts 1 and 2) and two (2) counts of aggravated sexual battery (Counts 3 and 4). Defendant was sentenced to twenty-five (25) years for each count of rape of a child and ten (10) years for each count of aggravated sexual battery, with all sentences to be served consecutively, for an effective sentence of seventy (70) years. Defendant argues that the trial court improperly sentenced him to the maximum period of incarceration for his rape of a child convictions and erred in ordering his sentences to be served consecutively. We affirm in part, and reverse and modify in part. http://www.tba.org/tba_files/TCCA/Waddellb_opn.WP6

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