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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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-
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will allow you to download the original WordPerfect 6.0 document.
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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