December 20, 1999
Volume 5 -- Number 172

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):
 
06 New Opinion(s) from the Tennessee Supreme Court
00 New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel
01 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
00 New Opinion(s) from the Tennessee Court of Appeals
00 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

						
STATE OF TENNESSEE
VS.
WILLARD C. COOK, SR.

Court:TSC

Attorneys: 

For the Appellant:          For the Appellee:                   
Robert S. Peters            John Knox Walkup            
SWAFFORD, PETERS & PRIEST   Attorney General and Reporter   
Winchester, Tennessee
                            Michael E. Moore
                            Solicitor General

                            Peter M. Coughlan
                            Assistant Attorney General
                            Nashville, Tennessee                         

Judge:  ANDERSON

First Paragraph:

We granted this appeal to determine whether dentures constitute
"foreign matter" requiring invalidation of a breath-alcohol test
result and to consider whether the admission of a breath-alcohol test
result must be challenged by a pretrial motion under Tenn. R. Crim. P.
12(b)(3) or whether an objection may be made at trial.

http://www.tba.org/tba_files/TSC/COOKWillard_opn.WP6





WILLIAM EDMONDS
VS.
WILSON COUNTY and WILSON COUNTY ROAD COMMISSION

Court:TSC

Attorneys: 

For Defendants-Appellees:           For Plaintiff-Appellant:
Kent E. Krause                      Frank Buck
Sharon E. England                   124 West Main Street
Suite 2600, The Tower               Smithville, TN 37166
611 Commerce Street
Nashville, TN 37203                         

Judge:  DROWOTA

First Paragraph:

In this workers' compensation action, the defendants, Wilson County
and Wilson County Road Commission, have appealed from the trial
court's judgment finding that the employee, William Edmonds, was
entitled to a commutation of his award of workers' compensation
benefits to a lump sum.  The Special Workers' Compensation Appeals
Panel, upon reference for findings of facts and conclusions of law
pursuant to Tenn. Code Ann. S 50-6-225(e)(3), affirmed the trial
court's award of benefits, but modified the judgment to disallow
payment of the award in a lump sum.  Thereafter, the employee filed a
motion for full Court review of the Panel's decision pursuant to Tenn.
Code Ann. S 50-6-225(e)(5)(B).  We granted the employee's motion to
determine whether the trial court abused its discretion in ordering
the award paid in a lump sum.  After carefully examining the record
before us and considering the relevant authorities, we affirm the
trial court's judgment  commuting the award to a lump sum.

http://www.tba.org/tba_files/TSC/Edmondsw_opn.WP6





LAMAR FLETCHER
VS.
STATE OF TENNESSEE

Court:TSC

Attorneys: 

For the Appellant:          For the Appellee:
Lamar Fletcher, pro se      John Knox Walkup
Henning, Tennessee          Attorney General & Reporter

                            Michael E. Moore
                            Solicitor General

                            Elena J. Xoinis
                            Assistant Attorney General
                            Nashville, Tennessee                          

Judge:  BARKER

First Paragraph:

In this appeal we address two primary issues: (1) whether an indigent
party is liable for payment of outstanding litigation taxes levied
under Tennessee Code Annotated section 67-4-602 (1998), and (2)
whether the Tennessee Department of Correction had authority to
withdraw money from an inmate's trust account to pay a distress
warrant.  For the reasons stated herein, we hold that indigent parties
become liable for litigation taxes when taxed by the court and that
the Tennessee Department of Correction has the authority to deduct
money from an inmate trust fund to satisfy a distress warrant.  We
affirm the judgment of the Court of Appeals.

http://www.tba.org/tba_files/TSC/FLETCHL_opn.WP6




STATE OF TENNESSEE
VS.
JIMMY LEGG

Court:TSC

Attorneys:  

For the Appellant:              For the Appellee:
Paul G. Summers                 Raymond W. Fraley, Jr.
Attorney General & Reporter     Fayetteville, Tennessee

Michael E. Moore                Johnny D. Hill, Jr.
Solicitor General               Fayetteville, Tennessee

Kim R. Helper
Assistant Attorney General
Nashville, Tennessee                        

Judge:  BARKER

First Paragraph:

We granted the appeal in this case to address whether the State of
Tennessee has territorial jurisdiction pursuant to Tennessee Code
Annotated section 39-11-103(b)(1) to prosecute a charge of aggravated
kidnapping that was commenced in Alabama.  For the reasons stated
herein, we hold that section 39-11-103(b)(1) permits the exercise of
territorial jurisdiction over a continuing offense where any essential
element of the offense is continued and committed in Tennessee.  We
also hold that the General Assembly intended that the offense of
aggravated kidnapping to sanction a continuing course of conduct, and
that at least one element of that crime was proven to have occurred in
Tennessee.  Finally, we hold that the appellee was not entitled to a
jury instruction on assault or aggravated assault because the evidence
was legally insufficient to support a conviction in Tennessee. 
Therefore, this case is remanded to the Giles County Circuit Court for
reinstatement of the appellee's conviction and sentence for aggravated
kidnapping.

http://www.tba.org/tba_files/TSC/LEGGJ_opn.WP6





BERDELLA VAUGHN SEAVERS and EDDIE THOMAS SEAVERS
VS.
METHODIST MEDICAL CENTER OF OAK RIDGE

CORRECTED DISSENTING OPINION

Court:TSC
                       
Judge:  HOLDER

First Paragraph:

I write separately to dissent because I believe that the doctrine of
res ipsa loquitur should be applied in professional malpractice cases
only when the nature of the injury is so obvious that common lay
knowledge and experience could infer that the injury would not have
occurred in the absence of negligence.  The nature of the injury
should be so simple and clear as not to require a layman to speculate
or analyze how the injury might have occurred.

http://www.tba.org/tba_files/TSC/SEAVERBD_dis.WP6





ALEXANDER C.  WELLS
VS.
TENNESSEE BOARD OF REGENTS, TENNESSEE STATE UNIVERSITY,
and DR. JAMES HEFNER

Court:TSC

Attorneys: 

For Petitioner/Appellee:    For Respondents-Appellants

Mark C.  Scruggs            Paul  G.  Summers
Nashville, Tennessee        Attorney General

                            Kevin Steiling
                            Deputy Attorney General
                            Nashville, Tennessee                         

Judge:  DROWOTA

First Paragraph:

In this direct appeal, we must review the Chancery Court's reversal of
the Tennessee Board of Regents' decision to terminate a tenured
faculty member at Tennessee State University on the statutory ground
of "capricious disregard of accepted standards of professional
conduct."  The Tennessee Board of Regents challenges the decision of
the Chancery Court on several grounds, insisting primarily that the
Chancellor failed to consider properly admitted evidence which
established the charge by clear and convincing evidence.  The Board of
Regents also takes issue with the Chancellor's finding that the
professor was denied due process because he received insufficient
notice of the allegations against him.  After a thorough review of the
record, we agree that the Chancellor committed error by disregarding
the testimony of one witness and by finding that the professor
received insufficient notice.  However, despite these errors, we
conclude that the evidence does not preponderate against the
Chancellor's findings and therefore affirm the judgment of the trial
court.

http://www.tba.org/tba_files/TSC/WELLSAC_OPN.WP6





ORDER ESTABLISHING SUPREME COURT RULE 35 -- ADOPTION OF STANDARD
FORMAT FOR APPELLATE COURT OPINIONS AND ORDERS

Court:TSC - Rules

First Paragraph:

The Court hereby establishes a rule adopting a standard format for
appellate court opinions, orders, and similar documents pursuant to
the recommendations of the Tennessee Supreme Court Advisory Commission
on Technology.  It is ORDERED that the rule set forth herein be and is
hereby adopted as Rule 35 of the Rules of the Supreme Court of
Tennessee.

http://www.tba.org/tba_files/TSC_Rules/Rule35UF_wpd.WP6

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