November 22, 1999
Volume 5 -- Number 160

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):
 
05 New Opinion(s) from the Tennessee Supreme Court
00 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
02 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

						
						
SAMUEL LOPICCOLLO
VS.
PARAMOUNT PACKAGING CORPORATION (TENNESSEE) AND ST. PAUL FIRE & 
MARINE INSURANCE COMPANY

JUDGMENT ORDER

Court:TSC

Judge: PER CURIAM

First Paragraph:

This case is before the Court upon the entire record, including the
order of referral to the Special Workers' Compensation Appeals Panel,
and the Panel's Memorandum Opinion setting forth its findings of fact
and conclusions of law, which are incorporated herein by reference.
Whereupon, it appears to the Court that the Memorandum Opinion of the
Panel should be accepted and approved; and ...

http://www.tba.org/tba_files/TSC/jolopicc.wpd





MARRIOTT INTERNATIONAL, INC.
VS.
LYNN  SALTER

JUDGMENT ORDER

Court:TSC

Judge: PER CURIAM

First Paragraph:

This case is before the Court upon the entire record, including the
order of referral to the Special Workers' Compensation Appeals Panel,
and the Panel's Memorandum Opinion setting forth its findings of fact
and conclusions of law, which are incorporated herein by reference.
Whereupon, it appears to the Court that the Memorandum Opinion of the
Panel should be accepted and approved; and ...

http://www.tba.org/tba_files/TSC/jomarrio.wpd





BOBBY DAVID MCELHANEY
VS.
CONSOLIDATED FREIGHTWAYS CORPORATION OF DELAWARE

JUDGMENT ORDER

Court:TSC

Judge: PER CURIAM

First Paragraph:

This case is before the Court upon the entire record, including the
order of referral to the Special Workers' Compensation Appeals Panel,
and the Panel's Memorandum Opinion setting forth its findings of fact
and conclusions of law, which are incorporated herein by reference.
Whereupon, it appears to the Court that the Memorandum Opinion of the
Panel should be accepted and approved; and ...

http://www.tba.org/tba_files/TSC/jomcelh.wpd





CYNTHIA MORRISON
VS.
TECUMSEH PRODUCTS COMPANY   

JUDGMENT ORDER

Court:TSC

Judge:  PER CURIAM

First Paragraph:

This case is before the Court upon the entire record, including the
order of referral to the Special Workers' Compensation Appeals Panel,
and the Panel's Memorandum Opinion setting forth its findings of fact
and conclusions of law, which are incorporated herein by reference.
Whereupon, it appears to the Court that the Memorandum Opinion of the
Panel should be accepted and approved; and

http://www.tba.org/tba_files/TSC/jomorri.wpd





IN RE:     PETITION OF CERTAIN MEMBERS
           OF THE BAR OF TENNESSEE
           REQUESTING CHANGES IN THE
           PROCEDURE TO BE USED BY THE
           COURT IN ADOPTING RULES OR
           MAKING CHANGES TO THE RULES
           PERTAINING TO THE MEMBERS
           OF THE BAR IN ORDER TO
           OBSERVE THE FUNDAMENTAL
           REQUIREMENTS OF PROCEDURAL
           DUE PROCESS
           
ORDER

Court:TSC

Judge: ANDERSON

First Paragraph:

On March 17, 1999, certain Roane County members of the Bar of
Tennessee filed in this Court a petition requesting the Court to
establish a procedure to give notice to all individual members of the
Bar by mailing to each lawyer registered with the Board of
Professional Responsibility a notice of any and all proposals to add
to or change the rules of the Court insofar as any such rules or
changes to rules would affect the members of the Bar in their
professional standing, duties, obligations or burdens.  To provide
fair consideration of this issue, this Court entered an order on July
9, 1999, soliciting written responses from the Bar and public.  The
period for responses expired on October 11, 1999.

http://www.tba.org/tba_files/TSC/ROANECO2_ORD.wpd





STATE OF TENNESSEE
VS.
IRA J. BABB, JR.

Court:TCCA

Attorneys: 

For Appellant:                  For Appellee:

George Todd East, Attorney      Paul G. Summers
155 Shelby Street               Attorney General and Reporter
Kingsport, TN 37660
                                Elizabeth B. Marney
                                Assistant Attorney General
                                Criminal Justice Division
                                425 Fifth Avenue North 
                                Nashville, TN  37243-0493

                                Joseph Eugene Perrin
                                P.O. Box 526
                                Assistant District Attorney General
                                Blountville, TN 37617                         

Judge: WADE

First Paragraph:

The defendant, Ira J. Babb, Jr., pled guilty to driving on a revoked
license and leaving the scene of an accident with injury.  Also
charged with aggravated assault and reckless endangerment, he was
found guilty of two counts of reckless endangerment.

http://www.tba.org/tba_files/TCCA/BABBIJJR.wpd





STATE OF TENNESSEE
VS.
CANDRA ANN FRAZIER

Court:TCCA

Attorneys:  

For the Appellee:           For the Appellant:

Thomas V. Testerman         Paul G. Summers
301 East Broadway           Attorney General and Reporter
Newport, TN  37821  
                            R. Stephen Jobe
and                         Assistant Attorney General
                            Criminal Justice Division
Amber Haas                  425 Fifth Avenue North
Asst. Public Defender       2d Floor, Cordell Hull Building
102 Mims Avenue             Nashville, TN 37243-0493
Newport, TN  37821  
                        
                            Al Schmutzer, Jr.
                            District Attorney General
                            Sevier County Courthouse
                            125 Court Avenue, Suite 301-E
                            Sevierville, TN  37862                        

Judge: HAYES

First Paragraph:

The State appeals the ruling of the Cocke County Circuit Court finding
subsection (n) of the DUI statute, Tenn. Code Ann. S 55-10-403(n)
(1998), unconstitutional.  After review, we conclude that no case or
controversy exists empowering this court to render a decision on the
merits.  Accordingly, the appeal is dismissed.

http://www.tba.org/tba_files/TCCA/Frazier2.wpd

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