August 31, 1999
Volume 5 -- Number 119

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):
 
00 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
00 New Opinion(s) from the Tennessee Court of Appeals
03 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


IMOGENE DIXON
VS.
STATE OF TENNESSEE

Court:TSC - Workers Comp Panel

Attorneys:                          
For the Appellant:                  For the Appellee:

John T. Milburn Rogers              John Knox Walkup
100 South Main Street               Attorney General and Reporter
Greeneville, TN 37743               Michael E. Moore
                                    Solicitor General
                                    Heather C. Ross
                                    Assistant Attorney General
                                    Cordell Hull Bldg, 2nd Fl
                                    425 Fifth Avenue North
                                    Nashville, TN  37243-0488

Judge:PEOPLES

First Paragraph:

This appeal has been referred to the Special Workers' Compensation Panel
of the Supreme Court in accordance with Tennessee Code Annotated 
S50-6-225(e)(3) for hearing and reporting to the Supreme Court of
findings of fact and conclusions of law.  The Tennessee Claims
Commission dismissed the Appellant's claim for workers' compensation
benefits finding the claim was barred by the statue of limitations, by
her failure to timely file her Notice of Appeal, and alternatively, that
she had failed to prosecute the claim for more than one year after it
was filed.  We affirm.

http://www.tba.org/tba_files/TSC_WCP/DixonvTN2_doc.WP6



STATE OF TENNESSEE VS. JERRY DARRELL DUNCAN Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: CHARLES B. HILL, II PAUL G. SUMMERS P.O. Box 852 Attorney General & Reporter Kingston, TN 37763 (On Appeal) MARVIN S. BLAIR, JR. Asst. Attorney General JOE WALKER Cordell Hull Bldg., 2nd Fl. District Public Defender 425 Fifth Ave., North Nashville, TN 37243-0493 WALTER B. JOHNSON Asst. District Public Defender SCOTT McCLUEN 502 Roane St. District Attorney General P.O. Box 334 Harriman, TN 37748-0334 CHARLES HAWK, (At Hearing) DENNIS HUMPHREY, -and- FRANK HARVEY Asst. District Attorneys General P.O. Box 703 Kingston, TN 37763-0703 Judge:PEAY First Paragraph: The defendant pled guilty to three counts of possession of a controlled substance with the intent to deliver. The defendant's subsequent motion to withdraw his guilty plea was denied by the trial court. The defendant received an effective sentence of three years with a term of sixty days to be served in the county jail and the balance to be served in community corrections. http://www.tba.org/tba_files/TCCA/Duncanjd_opn.WP6
STATE OF TENNESSEE VS. TERESA RENEE HODG Court:TCCA Attorneys: FOR THE APPELLANT: JULIE A. RICE P.O. Box 426 Knoxville, TN 37901-0426 (On Appeal) MACK GARNER District Public Defender 419 High Street Maryville, TN 37804 (At Trial) FOR THE APPELLEE: PAUL G. SUMMERS Attorney General and Reporter ERIK W. DAAB Assistant Attorney General Cordell Hull Building, 2nd Floor 425 Fifth Avenue North Nashville, TN 37243-0493 MICHAEL L. FLYNN District Attorney General EDWARD P. BAILEY, JR. Assistant District Attorney General Blount County Courthouse 363 Court Street Maryville, TN 37804-5906 Judge:RILEY First Paragraph: The defendant, Teresa Renee Hodge, pled guilty to six counts of theft of property under $500, Class A misdemeanors. Defendant's plea agreement provided for concurrent sentences of eleven months, twenty-nine days on each count, with the manner of service left to the trial court. After a hearing, the trial court ordered defendant to serve fifty percent of her sentence in confinement prior to eligibility for all programs other than work release. In this appeal as of right, defendant contends that the trial court erred in ordering her to serve fifty percent of her sentence in confinement. Upon our review of the record, we AFFIRM the judgment of the trial court. http://www.tba.org/tba_files/TCCA/Hodgetr_opn.WP6
STATE OF TENNESSEE VS. ROGER DALE VANCE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: MACK GARNER PAUL G. SUMMERS District Public Defender Attorney General & Reporter 419 High St. Maryville, TN 37804 GEORGIA BLYTHE FELNER (On Appeal) Asst. Attorney General Cordell Hull Bldg., 2nd Fl. GERALD L. GULLEY, JR. 425 Fifth Ave., North P.O. Box 1708 Nashville, TN 37243-0493 Knoxville, TN 37901-1708 (On Appeal) MIKE FLYNN District Attorney General MIKE HICKMAN 250 East Broadway Ave. PHILIP MORTON Maryville, TN 37804 Asst. District Attorney General (At Hearing) Blount County Courthouse 363 Court St. Maryville, TN 37804 Judge:PEAY First Paragraph: On March 4, 1998, the defendant was found guilty at a bench trial of two counts of driving on a suspended license. The defendant received an effective sentence of eleven months, twenty-nine days. The trial court ordered the defendant to serve thirty days of that sentence in the county jail and the balance on probation. On August 10, 1998, a probation revocation hearing was held and the defendant was found to have violated the terms of his probation. The trial court then ordered the defendant to serve ninety days of his original sentence in jail and the balance on probation. It is from this order that the defendant now appeals, contending that the trial court erred in revoking his probation and in ordering him to serve ninety days of his original sentence in the county jail. We do not agree and, therefore, affirm the judgment of the court below. http://www.tba.org/tba_files/TCCA/Vancerd_opn.WP6

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