|
September 24, 1999
Volume 5 -- Number 130
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 |
| 03 |
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 |
| 08 |
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
DOUG BLACK
VS.
LIBERTY MUTUAL INSURANCE
COMPANY
Court:TSC - Workers Comp Panel
Attorneys:
For the Appellant: For the Appellee:
C. Edward Daniel James T. Shea, IV
825 Freels Lane Baker, McReynolds, Byrne, O'Kane, Shea
Knoxville, TN 37922 & Townsend
607 Market Street, 11th Floor
PO Box 1708
Knoxville, TN 37901-1708
Judge:PEOPLES
First Paragraph:
This workers' compensation appeal has been referred to the Special
Workers' Compensation Appeals Panel of the Supreme Court in accordance
with T.C.A. Section 50-6-225(e)(3) for hearing and reporting to the
Supreme Court of findings of fact and conclusions of law. The
plaintiff, Doug Black, appeals a determination that his disability is
limited to 35 percent to the leg because of the Americans with
Disabilities Act (ADA). The defendant, Liberty Mutual Insurance
Company (carrier for Roadway Express), asserts the award is excessive
in that plaintiff sustained no vocational disability. Both parties
assert there is no legal basis for the trial court to retain
jurisdiction to modify the award if a court determines that the ADA
does not apply. We agree that the result of a separate proceeding
under the ADA has no bearing on the disability of the employee and
accordingly modify the award.
http://www.tba.org/tba_files/TSC_WCP/BlackvLibertyMut_wpd.WP6
PHILIP STEVEN FANN
VS.
ADVANCE TRANSFORMER
COMPANY
Court:TSC - Workers Comp Panel
Attorneys:
For the Appellant: For the Appellee:
Arthur G. Seymour, Jr. James Frank Wilson
Robert L. Kahn Wilson & Brooks, PC
Frantz, McConnell & Seymour, LLP P.O. Box 160
P.O. Box 39 Wartburg, TN 37887
Knoxville, TN 37901
Judge:BYERS
First Paragraph:
This workers' compensation appeal has been referred to the Special
Workers' Compensation Appeals Panel of the Supreme Court in accordance
with Tenn. Code Ann. S 50-6-225(e)(3) for hearing and reporting to the
Supreme Court of findings of fact and conclusions of law.
http://www.tba.org/tba_files/TSC_WCP/FANNPHIL_WC.WP6
VIVIAN L. RUSSELL
VS.
ADVANCE TRANSFORMER
COMPANY
Court:TSC - Workers Comp Panel
Attorneys:
For Appellant: For Appellee:
Arthur G. Seymour, Jr. Roger L. Ridenour
Robert L. Kahn Ridenour, Ridenour & Fox
Knoxville, Tennessee Clinton, 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.
S 50-6-225(e)(3) for hearing and reporting of findings of fact and
conclusions of law. In this appeal, the employer contends (1) the
employee failed to give notice of her injury, (2) the claimant's
injury did not arise out of the employment relationship and (3) the
award of permanent partial disability benefits is excessive. As
discussed below, the panel has concluded the judgment should be
affirmed.
http://www.tba.org/tba_files/TSC_WCP/russvadv_wpd.WP6
STATE OF TENNESSEE
VS.
FRANK CHESTER BRIGHT, JR.,
a/k/a MERVYN JORDAN
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
STEVEN M. WELLS PAUL G. SUMMERS
222 Second Avenue North Attorney General & Reporter
Suite 360M
Nashville, TN 37201 LUCIAN D. GEISE
Assistant Attorney General
425 Fifth Avenue North
Nashville, TN 37243-0493
VICTOR S. JOHNSON, III
District Attorney General
JOHN C. ZIMMERMAN
Assistant District Attorney General
222 Second Avenue North, Suite 500
Nashville, TN 37201-1649
Judge:GLENN
First Paragraph:
The defendant, Frank Chester Bright, Jr., appeals as of right from his
conviction by a jury in the Davidson County Criminal Court of
possession with intent to deliver over twenty-six grams of a substance
containing cocaine, a Schedule II controlled substance, which is a
Class B felony, and of facilitation of possession of a deadly weapon
with intent to employ in the commission of or escape from an offense
of possession with intent to deliver over twenty-six grams of a
substance containing cocaine, which is a Class A misdemeanor. He was
sentenced as a career offender to thirty years on the possession count
and eleven months and twenty-nine days on the facilitation count, the
sentences to run concurrently.
http://www.tba.org/tba_files/TCCA/BRIGHTFC_wpd.WP6
STATE OF TENNESSEE
VS.
MICHAEL BROWN
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Michael O. Brown, Paul G. Summers
Pro Se Attorney General and Reporter
CCA/SCCC
Post Office Box 279
Clifton, TN 38425 Clinton J. Morgan
Assistant Attorney General
Criminal Justice Division
425 Fifth Avenue North
2d Floor, Cordell Hull Building
Nashville, TN 37243-0493
W. Michael McCown
District Attorney General
Weakley Edward Barnard
Asst. District Attorney General
P. O. Box 878
Fayetteville, TN 37334
Judge:HAYES
First Paragraph:
The appellant, Michael Brown, appeals pro se, his conviction for one
count of sale of cocaine, a class B felony. The Lincoln County
Circuit Court subsequently sentenced the appellant, as a range II
offender, to twenty years in the Tennessee Department of Correction.
http://www.tba.org/tba_files/TCCA/BROWNM_wpd.WP6
WILLIAM GARRETT
VS.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
For Appellant: For Appellee:
David A. Simpson Paul G. Summers
113 West Main Street Attorney General and Reporter
Gallatin, TN 37066 425 Fifth Avenue North
Nashville, TN 37243-0493
Georgia Blythe Felner
Assistant Attorney General
Criminal Justice Division
425 Fifth Avenue North
Nashville, TN 37243-0493
Judge:OGLE
First Paragraph:
The petitioner, William Garrett, appeals the summary dismissal of his
petition for post-conviction relief by the Criminal Court of Sumner
County on October 13, 1998. According to the petition for
post-conviction relief, the petitioner was convicted in the Criminal
Court of Sumner County on May 24, 1994, pursuant to a plea of guilt
and received a sentence of twelve years incarceration in the Tennessee
Department of Correction. He did not appeal his conviction until
October 1, 1998, when he filed the instant petition for
post-conviction relief. In his petition, the petitioner claimed that
the State had violated the terms of his plea agreement and the
petitioner was entitled to release from the Department pursuant to the
original agreement. Alternatively, the petitioner challenged the
knowing and voluntary nature of his plea, the trial court's compliance
with Tenn. R. Crim. P. 11, and the performance of his trial counsel.
The post-conviction court dismissed the instant petition due to the
expiration of the applicable statute of limitations. Tenn. Code. Ann.
S 40-30-202(a) (1997).
http://www.tba.org/tba_files/TCCA/GARRETTW_wpd.WP6
STATE OF TENNESSEE
VS.
TROY RANDALL JOHNSON
Court:TCCA
Attorneys:
FOR THE APPELLANT:
GREGORY D. SMITH
Contract Appellate Defender
One Public Square, Suite 321
Clarksville, TN 37040
(On Appeal)
ANDREW JACKSON DEARING III
Assistant Public Defender
105 South Main
P.O. Box 1119
Fayetteville, TN 37334-1119
(At Trial and On Appeal)
FOR THE APPELLEE:
PAUL G. SUMMERS
Attorney General and Reporter
CLINTON J. MORGAN
Assistant Attorney General
Cordell Hull Building, 2nd Floor
425 Fifth Avenue North
Nashville, TN 37243-0493
W. MICHAEL McCOWN
District Attorney General
ROBERT G. CRIGLER
Assistant District Attorney General
One Public Square, Suite 100
Shelbyville, TN 37160-3953
Judge:RILEY
First Paragraph:
A Bedford County Grand Jury indicted defendant, Troy Randall Johnson,
for theft of property over $1000, driving under the influence (DUI)
third offense, and driving on a revoked driver's license (DORL) third
offense. After a jury trial, he was convicted of joyriding, DUI third
offense, and DORL third offense, all Class A misdemeanors. The trial
court sentenced defendant to an effective sentence of nineteen months
and fifteen days. On appeal, defendant challenges: (1) the
sufficiency of the evidence, and (2) his sentences. After a thorough
review of the record, this Court MODIFIES the sentence for DUI to
conform to the statutory requirement, but AFFIRMS the trial court's
judgment in all other respects.
http://www.tba.org/tba_files/TCCA/JOHNSONT_wpd.WP6
STATE OF TENNESSEE
VS.
TIM LEE MOOR
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
BILLY K. TOLLISON, III PAUL G. SUMMERS
114 North College Street Attorney General & Reporter
McMinnville, TN 37111
KIM R. HELPER
Assistant Attorney General
425 Fifth Avenue North
Nashville, TN 37243
CLEMENT DALE POTTER
District Attorney General
THOMAS J. MINER
Assistant District Attorney
Professional Building
McMinnville, TN 37111
Judge:WILLIAMS
First Paragraph:
The defendant, Tim Lee Moore, was convicted upon his plea of guilty in
Warren County to Driving while Restriction in Effect, a Class E
felony. See Tenn. Code Ann. S 55-10-616. He was sentenced to the
Department of Correction for sixteen months as a Range I Standard
offender. He appeals as of right upon a certified question of law.
See T.R.A.P. 3(b); Tenn. R. Crim. P. 37(b). The state asserts that
the defendant did not properly reserve a certified question of law.
We AFFIRM the trial court.
http://www.tba.org/tba_files/TCCA/MOORETL_wpd.WP6
STATE OF TENNESSEE
VS.
JOHN D. NEBLETT
Court:TCCA
Attorneys:
FOR THE APPELLANT:
MICHAEL R. JONES
District Public Defender
COLLIER W. GOODLETT
Assistant Public Defender
109 South Second Street
Clarksville, TN 37040
FOR THE APPELLEE:
PAUL G. SUMMERS
Attorney General and Reporter
KIM R. HELPER
Assistant Attorney General
Cordell Hull Building, 2nd Floor
425 Fifth Avenue North
Nashville, TN 37243-0493
JOHN WESLEY CARNEY, JR.
District Attorney General
C. DANIEL BROLLIER
Assistant District Attorney General
204 Franklin Street, Suite 200
Clarksville, TN 37040-3420
Judge:RILEY
First Paragraph:
Defendant, John D. Neblett, pled guilty to aggravated vehicular
homicide, a Class A felony; vehicular assault, a Class D felony; and
second-offense driving on a revoked driver's license (DORL), a Class A
misdemeanor. The trial court sentenced defendant to 20 years for the
aggravated vehicular homicide; 4 years for the vehicular assault, to
be served consecutively; and 11 months and 29 days for DORL, to be
served concurrently.
http://www.tba.org/tba_files/TCCA/NEBLETTJ_wpd.WP6
STATE OF TENNESSEE
VS.
JACQUELINE STEPHERSON
Court:TCCA
Attorneys:
FOR THE APPELLANT:
JOHN S. COLLEY III
710 N. Main Street
P. O. Box 1476
Columbia, TN 38402-1476
FOR THE APPELLEE:
PAUL G. SUMMERS
Attorney General and Reporter
LUCIAN D. GEISE
Assistant Attorney General
Cordell Hull Building, 2nd Floor
425 Fifth Avenue North
Nashville, TN 37243-0493
T. MICHAEL BOTTOMS
District Attorney General
JESSE DURHAM
LAWRENCE R. NICKELL, JR.
Asst. District Attorneys General
10 Public Square
P. O. Box 1619
Columbia, TN 38402-1619
Judge:RILEY
First Paragraph:
Defendant, Jacqueline Stepherson, pled guilty to possession of cocaine
over 0.5 grams with intent to sell and possession of marijuana over _
ounce with intent to sell. Pursuant to a plea agreement, defendant
received concurrent suspended sentences of eight (8) years and one (1)
year, respectively. The defendant with the consent of the state and
the trial court reserved a certified question of law relating to the
search and seizure of the drugs and certain banking records. See
Tenn. R. Crim. P. 37(b)(2)(i).
http://www.tba.org/tba_files/TCCA/STPHRSNJ_wpd.WP6
WILLIE WITHERSPOON
VS.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
MICHAEL R. JONES (On Appeal) JOHN KNOX WALKUP
District Public Defender Attorney General & Reporter
110 Public Square
Springfield, TN 37172 KIM R. HELPER
Assistant Attorney General
425 Fifth Avenue North
Nashville, TN 37243-0493
JOHN WESLEY CARNEY, JR.
District Attorney General
B. DENT MORRISS
Assistant District Attorney
500 South Main Street
Springfield, TN 37172
Judge:WILLIAMS
First Paragraph:
The defendant, Willie Witherspoon, files this delayed appeal from a
Robertson County jury verdict convicting him of two sales of a
Schedule II controlled substance. One sale, a Class B felony,
involved 0.5 or more grams of cocaine, and the other sale, a Class C
felony, involved less than 0.5 gram of cocaine.
http://www.tba.org/tba_files/TCCA/WITHRSPN_wpd.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
|
