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September 30, 1999
Volume 5 -- Number 134
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):
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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 |
| 07 |
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
DANA STORY
VS.
LEGION INSURANCE COMPANY
Court:TSC - Workers Comp Panel
Attorneys:
For the Appellee: For the Appellant:
Mark P. Barnett Lee Anne Murray
HILL BOREN Cynthia DeBula Baines
1269 North Highland Avenue FEENEY & MURRAY
P.O. Box 3539 2040 First American Center
Jackson, TN 38302-3539 P.O. Box 198685
Nashville, TN 37219-8685
Judge: STAFFORD
First Paragraph:
This worker's 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) for hearing and reporting to the
Supreme Court of findings of fact and conclusions of law.
Review of the findings of fact made by the trial court is de novo upon
the record, accompanied by a presumption of the correctness of the
findings, unless the preponderance of the evidence is otherwise.
Tenn. Code Ann. S 50-6-225(e)(2); Stone v. City of McMinnville, 896
S.W.2d 548, 550 (Tenn. 1995). The application of this standard
requires this Court to weigh in more depth the factual findings and
conclusions of the trial court in a worker's compensation case. See
Corcoran v. Foster Auto GMC, Inc., 746 S.W.2d 452, 456 (Tenn. 1988).
However, considerable deference must be given to the trial judge, who
has seen and heard witnesses especially where issues of credibility
and weight of oral testimony are involved. Jones v. Hartford Accident
& Indem. Co., 811 S.W.2d 516, 521 (Tenn. 1991).
http://www.tba.org/tba_files/TSC_WCP/Storydan_opn.wpd
STATE OF TENNESSEE
VS.
JAMES LEE CANNON
Court:TCCA
Attorneys:
For Appellant For Appellee
Donna Robinson Miller John Knox Walkup
Assistant District Public Defender Attorney General and Reporter
701 Cherry Street, Suite 300 425 Fifth Avenue North
Chattanooga, Tennessee 37402 Nashville, TN 37243-0493
Erik W. Daab
Assistant Attorney General
425 Fifth Avenue North
Nashville, TN 37243-0493
Barry A. Steelman
Asst Dist Attorney General
600 Market Street
Chattanooga, TN 37402
Judge:OGLE
First Paragraph:
The appellant, James Lee Cannon, appeals his sentence of imprisonment
for life without possibility of parole imposed by a jury in the
Hamilton County Criminal Court on October 15, 1997. The appellant
contends that (1) the jury failed to comply with Tenn. Code. Ann. S
39-13-207(e) (1997); and (2) the jury's imposition of the challenged
sentence was arbitrary and constituted a gross abuse of its
"considered discretion." Tenn. Code. Ann. S 39-13-207(c), (g). Based
upon our review of the record, we affirm the judgment of the trial
court.
http://www.tba.org/tba_files/TCCA/CANNONJL_opn.wpd
THOMAS EUGENE GRAHAM
VS.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
HEIDI A. BARCUS MICHAEL E. MOORE
606 W. Main, Suite 202 Solicitor General
Knoxville, TN 37902
TODD R. KELLEY
Assistant Attorney General
425 Fifth Avenue North
Nashville, TN 37243
JERRY N. ESTES
District Attorney General
BARRY STEELMAN
Assistant District Attorney General
Suite 300 - Courts Building
600 Market Street
Chattanooga, TN 37402
Judge: WELLES
First Paragraph:
This case presents us with a second opportunity to consider the
Defendant's request for post-conviction relief. Although the
Defendant, Thomas Eugene Graham, presents four issues for our review,
we must first resolve the question of whether we reach the merits of
the petition. Essential to our resolution of this matter is an
analysis of the rather lengthy procedural history of the case. We
conclude that consideration of the merits of the petition is barred
and therefore affirm the trial court's denial of post-conviction
relief.
http://www.tba.org/tba_files/TCCA/GRAHAMTE_opn.wpd
STATE OF TENNESSEE
VS.
BLANE SCOTT HOLDER
Court:TCCA
Attorneys:
FOR THE APPELLANT:
O. DUANE SLONE
REBECCA D. SLONE
P.O. Box 1088
Dandridge, TN 37725
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
ALFRED C. SCHMUTZER, JR.
District Attorney General
JAMES L. GASS
Assistant District Attorney General
149 East Main St.
P. O. Box 70
Dandridge, TN 37725
Judge: RILEY
First Paragraph:
The defendant, Blane Scott Holder, was convicted at a bench trial of
first degree premeditated murder and sentenced to life imprisonment.
In this appeal as of right, defendant raises the following issues: 1.
whether the trial court erred in failing to find him not guilty by
reason of insanity;
2. whether the current statute setting forth the affirmative defense
of insanity is constitutional; and
3. whether the trial court erred in failing to consider his
diminished capacity to form the requisite mens rea for premeditated
murder.
Upon our review of the record, we AFFIRM the judgment of the trial
court.
http://www.tba.org/tba_files/TCCA/HOLDERBS_opn.wpd
STATE OF TENNESSEE
VS.
STROHN JOHNSON
Court:TCCA
Attorneys:
FOR THE APPELLANT:
MARK C. SCRUGGS
P. O. Box 158932
Nashville, TN 37215-8932
FOR THE APPELLEE:
PAUL G. SUMMERS
Attorney General and Reporter
MARK E. DAVIDSON
Assistant Attorney General
Cordell Hull Building, 2nd Floor
425 Fifth Avenue North
Nashville, TN 37243-0493
RONALD L. DAVIS
District Attorney General
LEE E. DRYER
Assistant District Attorney General
Williamson Co. Courthouse
Ste. G-6
P. O. Box 937
Franklin, TN 37065-0937
Judge: RILEY
First Paragraph:
Defendant, Strohn Johnson, appeals the revocation of his judicial
diversion for simple possession of marijuana and imposition of the
sentence requiring him to serve 100 days in split confinement followed
by probation. The sole issue on appeal is whether the trial court
erred in requiring the defendant to serve 100 days in confinement. We
AFFIRM the judgment of the trial court relating to the sentence but
REMAND for entry of a formal judgment of conviction.
http://www.tba.org/tba_files/TCCA/JOHNSONS_opn.wpd
STATE OF TENNESSEE
VS.
FRED W. KINCAID, JR.
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Julie A. Martin Paul G. Summers
Contract Appellate Defender Attorney General and Reporter
P. O. Box 426
Knoxville, TN 37901-0426 Ellen H. Pollack
Assistant Attorney General
Criminal Justice Division
(ON APPEAL) 425 Fifth Avenue North
2d Floor, Cordell Hull Building
Nashville, TN 37243-0493
Raymond Mack Garner
District Public Defender
Michael L. Flynn
Natalee S. Hurley District Attorney General
Shawn Graham
Asst. Dist. Public Defenders Edward P. Bailey, Jr.
419 High Street Asst. District Attorney General
Maryville, TN 37804 363 Court Street
Maryville, TN 37804
Judge: HAYES
First Paragraph:
The appellant, Fred W. Kincaid, Jr., was indicted for aggravated rape
and theft of property under $500. A Blount County jury found him
guilty of the lesser offense of rape and theft as charged in the
indictment. The trial court imposed concurrent sentences of nine
years for the rape conviction and eleven months, twenty-nine days for
the theft conviction, to be served in total confinement.
http://www.tba.org/tba_files/TCCA/KINCAIDF_opn.wpd
STATE OF TENNESSEE
VS.
JACKIE DEAN MAYES, JR.
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
SAM E. WALLACE, SR. PAUL G. SUMMERS
SAM E. WALLACE, JR. Attorney General & Reporter
227 Second Avenue North
Nashville, TN 37201 MARVIN E. CLEMENTS, JR.
Assistant Attorney General
425 Fifth Avenue North
Nashville, TN 37243
LAWRENCE RAY WHITLEY
District Attorney General
LYTLE ANTHONY JAMES
Assistant District Attorney
113 East Main Street
Gallatin, TN 37066
Judge: WILLIAMS
First Paragraph:
The defendant, Jackie Dean Mayes, Jr., appeals his conviction from a
Sumner County jury guilty verdict of D.U.I., third offense. See Tenn.
Code Ann. SS 55-10-401, -403(a). He was sentenced to eleven months
and twenty-nine days at seventy-five percent release eligibility. He
appeals on the following grounds:
1. Whether the trial court erred in denying the defense counsel's
motion for continuance;
2. Whether the trial court erred in failing to suppress the
testimony of the police officers;
3. Whether a violation of the sequestration rule occurred that
would require a mistrial; and 4. Whether the jury verdict should
be set aside because one juror slept through much of the defendant's case.
After a review of the record, the briefs of the parties, and the
applicable law, we conclude that the judgment of the trial court is
AFFIRMED.
http://www.tba.org/tba_files/TCCA/MAYESJD_opn.wpd
STATE OF TENNESSEE
VS.
JAMES EDWARD OAKLEY
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
KIMBERLY A. PARTON PAUL G. SUMMERS
P.O. Box 116 Attorney General and Reporter
Knoxville, TN 37901-0116
ELLEN H. POLLACK
Assistant District Attorney General
425 Fifth Avenue North
Nashville, TN 37243
RANDALL E. NICHOLS
District Attorney General
ZANE SCARLETT
Assistant District Attorney General
City-County Building
Knoxville, TN 37902
Judge: WELLES
First Paragraph:
The Defendant appeals from the judgment of the trial court revoking
his community corrections sentence and ordering the balance of his
sentence to be served in the Department of Correction. We affirm the
judgment of the trial court.
http://www.tba.org/tba_files/TCCA/oakleyje_opn.wpd
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