June 18, 1999
Volume 5 -- Number 083

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):
 
02 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

						
LARRY ANTHONY BOSHEERS
VS.
SPONTEX, INC. AND/OR TOTAL U.S.

Court:TSC

JUDGMENT

Judge:HAMILTON

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 will be paid by defendant-appellant, for which execution
may issue if necessary. IT IS SO ORDERED.

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



CHARLES C. JONES VS. TRIDON, WAUSAU INSURANCE COMPANY, ROYAL INSURANCE COMPANY and LIBERTY MUTUAL INSURANCE COMPANY Court:TSC JUDGMENT Judge:CORLEW 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 will be paid by appellant, for which execution may issue if necessary. IT IS SO ORDERED. http://www.tba.org/tba_files/TSC/Jonescc_jo.WP6
STATE OF TENNESSEE VS. REGINALD ALLAN GILLESPIE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: GREG W. EICHELMAN JOHN KNOX WALKUP Office of the Public Defender Attorney General and Reporter 1609 College Park Drive, Box 11 Morristown, TN 37813-1618 SANDY C. PATRICK Assistant Attorney General 425 Fifth Avenue North Nashville, TN. 37243-0943 C. BERKELEY BELL District Attorney General ERIC D. CHRISTIANSEN Assistant District Attorney 109 South Main Street Greeneville, TN. 37743 Judge:SMITH First Paragraph: The appellant, Reginald Allan Gillespie, was convicted by a Greene County jury of one (1) count of possession of with the intent to sell more than 0.5 grams of cocaine, a Class B felony, one (1) count of simple possession of marijuana, a Class A misdemeanor, and one (1) count of unlawful possession of a weapon, a Class E felony. He was sentenced as a Range I, standard offender to ten (10) years for possession of cocaine with the intent to sell, one (1) year for unlawful possession of a weapon and eleven (11) months and twenty-nine (29) days for possession of marijuana. On appeal, Appellant raises three issues: 1) whether the trial court properly denied Appellant's motion to suppress the evidence seized in the search of Appellant's person; 2) whether there was sufficient evidence at trial to support the jury's verdict; and 3) whether the trial court erred in imposing his sentences. After a review of the record before this Court, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/Gillesre_opn.WP6
MICHAEL LEE MCCORMICK VS. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLEE: FOR THE APPELLANT: T. MAXFIELD BAHNER JOHN KNOX WALKUP 1000 Tallan Building Attorney General & Reporter Two Union Square Chattanooga, TN 37402 MICHAEL E. MOORE Solicitor General MICHAEL E. RICHARDSON 202 Market Court DON UNGURAIT (at hearing) Chattanooga, TN 37402 Deputy Attorney General 450 James Robertson Parkway Nashville, TN 37243 KENNETH W. RUCKER (on appeal) Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243 WILLIAM H. COX, III District Attorney General JOSEPH A. REHYANSKI Asst. District Attorney General 600 Market Street - Court Bldg. Chattanooga, TN 37402 Judge:WITT First Paragraph: The State of Tennessee appeals the Hamilton County Criminal Court's grant of post-conviction relief to the petitioner, Michael Lee McCormick. In 1987, a Hamilton County jury convicted the petitioner of the 1985 first degree murder of Donna Jean Nichols. The jury imposed the death penalty based upon its finding that the murder was committed for the purpose of avoiding, interfering with or preventing a lawful arrest or prosecution of the defendant. See Tenn. Code Ann. S39-2-203(I)(6) (1982) (repealed 1989). The conviction and sentence were affirmed by the Tennessee Supreme Court in State v. McCormick, 778 S.W.2d 48 (Tenn. 1989). On May 20, 1990, the petitioner filed the petition for post-conviction relief presently under review. After an evidentiary hearing, the post-conviction court ordered a new trial based upon its findings that the petitioner had received ineffective assistance of counsel in both the guilt and penalty phases of the trial. http://www.tba.org/tba_files/TCCA/Mccormm_opn.WP6
STATE OF TENNESSEE VS. TRACEY PENDERGRASS Court:TCCA Attorneys: FOR THE APPELLANT: L. THOMAS AUSTIN M. KEITH DAVIS P.O. Box 666 Dunlap, TN 37327-0666 FOR THE APPELLEE: PAUL G. SUMMERS Attorney General and Reporter TODD R. KELLEY Assistant Attorney General Cordell Hull Building, 2nd Floor 425 Fifth Avenue North Nashville, TN 37243-0493 JAMES MICHAEL TAYLOR District Attorney General WILL DUNN Assistant District Attorney General 265 Third Ave., Ste. 300 Dayton, TN 37321 Judge:RILEY First Paragraph: A Bledsoe County jury convicted the defendant, Tracey Pendergrass, of aggravated child abuse, a Class B felony. The trial court sentenced her to ten years imprisonment. In this appeal as of right, defendant contends that she is entitled to a new trial because the sequestered jury was exposed to improper communications prior to reaching its verdict. Upon our review of the record, we AFFIRM the judgment below. http://www.tba.org/tba_files/TCCA/Pendergr_opn.WP6
STATE OF TENNESSEE VS. ROBERT DOUGLAS TARNOSKY Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: GERALD L. MELTON PAUL G. SUMMERS Public Defender Attorney General & Reporter RUSSELL N. PERKINS CLINTON J. MORGAN Assistant Public Defender Counsel for the State 201 West Main Street, Ste. 101 425 Fifth Avenue North Murfreesboro, TN 37130 Nashville, TN 37243 WILLIAM WHITESELL, JR. District Attorney General 3rd Floor Judicial Building Murfreesboro, TN 37130 Judge:SMITH First Paragraph: The appellant, Robert Douglas Tarnosky, was convicted after a bench trial in the Rutherford County Circuit Court of one (1) count of driving under the influence of an intoxicant. See Tenn. Code Ann. S 55-10-401(a)(1). He also pled guilty to one (1) count of driving on a suspended license. On appeal, he claims that the evidence was insufficient to sustain the trial court's finding of guilt beyond a reasonable doubt. After a thorough review of the record before this Court, we affirm the trial court's judgment pursuant to Rule 20 of the Tennessee Court of Criminal Appeals. http://www.tba.org/tba_files/TCCA/Tarnrobe_opn.WP6

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