October 8, 1999
Volume 5 -- Number 140

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
05 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

						

EMMA CROWE
VS.
DIOCESE OF MEMPHIS HOUSING  
CORPORATION and VIRGINIA        
SURETY INSURANCE COMPANY

Court:TSC - Workers Comp Panel

Attorneys:                          
For the Appellant:              For the Appellee:
Justin S. Gilbert               James D. Pugh
The Gilbert Firm                James F. Eggleston
300 E. Main Street, Suite 200   100 North Main Street, Suite 3016
P. O. Box 2384                  Memphis, TN 38103
Jackson, TN 38302-2384

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/crowe_opn.WPD



WILLETTE NEWSOM VS. MURRAY, INCORPORATED, Court:TSC - Workers Comp Panel Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: J. ARTHUR CREWS, II DAVID HARDEE B. DUANE WILLIS Hardee, Martin, and Jaynes, P.A. Waldrop and Hall, P.A. 213 East Lafayette P.O. Box 726 Jackson, Tennessee 38301 106 South Liberty Street Jackson, Tennessee 38301 Judge:TATUM First Paragraph: This workers' compensation appeal was referred to the Special Workers' Compensation Appeals Panel of the Supreme Court pursuant to Tenn. Code Ann. S 50-6- 225(e)(3) (Supp. 1998) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. http://www.tba.org/tba_files/TSC_WCP/Newsom_opn.WPD
WILLIE LANE SHANNON VS. SIPCO SERVICES & MARINE, INC. and AMERICAN HOME ASSURANCE COMPANY Court:TSC - Workers Comp Panel Attorneys: FOR THE APPELLANTS: FOR THE APPELLEE: FRANK THOMAS CHARLES L. HICKS HAL W. WILKINS 9 North Court Square Leitner, Williams, Dooley P.O. Box 957 & Napolitan, PLLC Camden, Tennessee 38320 2300 First American Center Nashville, Tennessee 37238 Judge:TATUM First Paragraph: This workers' compensation appeal was referred to the Special Workers' Compensation Appeals Panel of the Supreme Court pursuant to Tenn. Code Ann. S 50-6- 225(e)(3) (Supp. 1998) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. http://www.tba.org/tba_files/TSC_WCP/Shannon_opn.WPD
STATE OF TENNESSEE VS. BENJAMIN CHRISTOPHER ASHWORTH Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: KEVIN W. SHEPHERD PAUL G. SUMMERS 404 Ellis Avenue Attorney General & Reporter Maryville, TN 37804 MARVIN S. BLAIR, JR. Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243-0493 MICHAEL L. FLYNN District Attorney General KIRK E. ANDREWS Assistant District Attorney General 363 Court Street Maryville, TN 37804-5906 Judge:GLENN First Paragraph: A Blount County grand jury indicted the defendant, Benjamin Christopher Ashworth, for two counts of aggravated child abuse and neglect on June 2, 1997. The defendant pleaded guilty to one count of aggravated assault and one count of child abuse and neglect. As part of his plea agreement, the defendant agreed to accept a six-year sentence as a Range I offender on the aggravated assault charge and a four-year sentence as a Range I offender on the child abuse and neglect charge. The plea agreement also required the sentences to run consecutively with a thirty percent release eligibility date. The defendant stated during the plea colloquy that he understood the terms of the agreement and the applicable waiver of rights. The trial court sentenced the defendant in accordance with the agreement on March 12, 1998. The judgment was entered on April 8, 1998. The defendant filed a motion for resentencing which was denied on November 5, 1998. The defendant filed his notice of appeal on February 2, 1999, challenging the imposition of consecutive sentencing. He argues the trial court's failure to cite the factors justifying consecutive sentencing deprived him of due process because the plea agreement was not entered into knowingly. Based on our review, we affirm the decision of the trial court. http://www.tba.org/tba_files/TCCA/ASHWRTHB_wpd.WPD
STATE OF TENNESSEE VS. WILLIAM W. CARPENTER Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: GERALD L. GULLEY, JR., ESQUIRE PAUL G. SUMMERS P.O. Box 1708 Attorney General & Reporter Knoxville, TN 37901 ROBERT Y. OAKS TODD R. KELLEY Assistant Public Defender Assistant Attorney General Main Courthouse 425 Fifth Avenue North Elizabethton, TN 37643 2nd Floor, Cordell Hull Bldg. Nashville, TN 37243 JOE C. CRUMLEY, JR. District Attorney General KENT W. GARLAND Assistant District Attorney Main Street, Unicoi County Courthouse Erwin, TN 37650 Judge:CLARK First Paragraph: The appellant, William W. Carpenter, appeals as of right the sentencing determination of the Johnson County Criminal Court. The appellant was convicted of setting fire to personal property, a Class E felony, and assault, a Class A misdemeanor. The court imposed an eighteen month sentence for setting fire to property, to be served concurrently with an eleven month, twenty-nine day sentence for the assault. All but ninety days of each sentence was suspended. The sole issue raised by appellant on appeal is whether the trial court erred in failing to grant complete probation. For the reasons set forth below, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/carpenter2_wpd.WPD
STATE OF TENNESSEE VS. HAROLD DUFOUR, JR. Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: JEFF KELLY (at trial) PAUL G. SUMMERS Assistant District Public Defender Attorney General & Reporter P.O. Box 996 Johnson City, TN 37605 CLINTON J. MORGAN Counsel for the State GERALD L. GULLEY, JR. (on appeal) 425 Fifth Avenue North P.O. Box 1708 Nashville, TN 37243-0493 Knoxville, TN 37901-1708 DAVID CROCKETT District Attorney General STEVE FINNEY Asst. District Attorney General P.O. Box 38 Jonesborough, TN 37659 Judge:WITT First Paragraph: The defendant, Harold Dufour, Jr., appeals the revocation of his probation and the imposition of an incarcerative sentence by the Washington County Criminal Court. On January 31, 1997, the defendant pleaded guilty to one count of rape and one count of sexual battery. The trial court entered convictions for these offenses, imposed an effective ten-year sentence, and probated the sentence. After a probation revocation hearing was held on September 4, 1998, the trial court revoked the probation and ordered the defendant to serve the original sentence in the Tennessee Department of Correction (TDOC). We affirm this judgment of the trial court. http://www.tba.org/tba_files/TCCA/DUFOURH_wpd.WPD
CHARLES GAYLOR VS. STATE OF TENNESSEE Court:TCCA Attorneys: For Appellant: For Appellee: Kenneth F. Irvine, Jr. John Knox Walkup Eldridge, Irvine & Hendricks, PLLC Attorney General and Reporter 606 W. Main Street, Suite 350 Post Office Box 84 Marvin E. Clements Knoxville, TN 37901-0084 Assistant Attorney General (on appeal) Criminal Justice Division 425 Fifth Avenue North Don Elledge, Attorney Nashville, TN 37243 Shattuck & Elledge 101 S. Main Street, Suite 300 William Paul Phillips Clinton, TN 37716 District Attorney General (at trial) P.O. Box 323 Jacksboro, TN 37757 Judge:WADE First Paragraph: The petitioner, Charles Gaylor, appeals the trial court's denial of post- conviction relief. The following issues have been presented for review: (I) whether the trial court erred in finding that the petitioner received the effective assistance of counsel at trial and on appeal; and (II) whether the jury instructions at trial on reasonable doubt violated the petitioner's right to due process by the use of the phrases "moral certainty" and "let the mind rest easily." We find no error and affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/gaylorc_opn.WPD
STATE OF TENNESSEE VS. JAMES JASON GILBERT Court:TCCA Attorneys: For the Appellant: For the Appellee: Robert W. Scott Paul G. Summers Assistant Public Defender Attorney General of Tennessee Post Office Box 416 and Dandridge, TN 37725 Marvin S. Blair, Jr. Asst Attorney General of Tennessee 425 Fifth Avenue North Nashville, TN 37243 Alfred C. Schmutzer, Jr. District Attorney General and Steven Hawkins Assistant District Attorney Sevier County Courthouse, Suite 301 Sevierville, TN 37862 Judge:TIPTON First Paragraph: The defendant, James Jason Gilbert, appeals as of right from his conviction for rape of a child, a Class A felony, following a bench trial in the Jefferson County Circuit Court. He was sentenced to twenty-five years confinement in the custody of the Department of Correction. On appeal, the defendant contends that the trial court erred in sentencing. We affirm the sentence imposed by the trial court. http://www.tba.org/tba_files/TCCA/Gilbert_opn.WPD

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