August 09, 1999 Volume 5 -- Number 110 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 01 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   There are three ways for TBALink members to get the full-text versions of these opinions from the Web: Do a key word search in the Search Link area of TBALink.This option will allow you to view and save a plain text version of the opinion. *NEW* Browse the Opinion List area of TBALink. This option will allow you to download the original WordPerfect 6.0 version of the opinion. Click the URL at end of each Opinion paragraph below. This option will allow you to download the original WordPerfect 6.0 document. Lucian T. Pera Editor-in-Chief, TBALink CLARICE TALLEY VS. SUMNER COUNTY, TENNESSEE Court:TSC JUDGMENT ORDER First Paragraph: This case is before the Court upon 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 Memorandum Opinion of the Panel should be accepted and approved; 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 plaintiff/appellee, for which execution may issue if necessary. IT IS SO ORDERED on August 9, 1999. http://www.tba.org/tba_files/TSC/Taly_jo.WP6 STATE OF TENNESSEE VS. JOSEPH AZELL LE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: TOM LANDIS PAUL G. SUMMERS 744 McCallie Ave, Ste 327 Attorney General & Reporter Chattanooga, TN 37403 R. STEPHEN JOBE Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243-0493 WILLIAM H. COX, III District Attorney General MARK A. HOOTON Assistant District Attorney General 600 Market Street, Suite 310 Chattanooga, TN 37402 Judge:WILLIAMS First Paragraph: The defendant, Joseph Azell Lee, appeals his conviction for attempted aggravated assault. The defendant was indicted for aggravated assault and attempted escape. At the close of proof at trial, the trial court granted the defendant's motion for a judgment of acquittal on the aggravated assault count. Nevertheless, the trial court did submit to the jury the lesser included offense of attempted aggravated assault. The defendant argues that the proof at trial did not support attempted aggravated assault and that the trial court therefore erred in instructing the jury on that offense. We find no error and AFFIRM the judgment of the trial court. http://www.tba.org/tba_files/TCCA/Leejosa_opn.WP6 PLEASE FORWARD THIS EMAIL! Feel free to forward this Opinion Flash on to anyone you know of with an e-mail address. GET A FULL-TEXT COPY OF AN OPINION! See the intrsuctions at the beginning of this edition of Opinion Flash. JOIN TBALink! While Opinion Flash is a free service of the Tennessee Bar Association, you must be a subscriber to TBALink, the premier Web site for Tennessee attorneys, in order to access the full-text of the opinions or enjoy many other features of TBALink. TBA members may join TBALink for just $50 per year. To join, go to: http://www.tba.org/join.html/ SUBSCRIBE TO OPINION FLASH! Would you like to receive the TBALink Opinion-Flash free each day by e-mail? Anyone -- whether a TBA member or not is welcome to subscribe ... it's free! For the Plain Text Version: 1) Send an e-mail message to: Opinion-Flash@tba.org 2) In the SUBJECT of the message type: SUBSCRIBE 3) Leave the body of the message blank For the HTML Text Version: 1) Send an e-mail message to: Opinion-Flash@tba.org 2) In the SUBJECT of the message type: SUBSCRIBE HTML 3) Leave the body of the message blank UNSUBSCRIBE TO OPINION FLASH? ... SURELY NOT! To STOP receiving TBALink Opinion-Flash: 1) Send an e-mail message to: Opinion-Flash@tba.org 2) In the SUBJECT of the message type: UNSUBSCRIBE 3) Leave the body of the message blank © Copyright 1999 Tennessee Bar Association