January 10, 2000
Volume 6 -- Number 003

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

						
PROMISE DOE, ET AL.
VS.
DONALD SUNDQUIST, ET AL.

CORRECTED OPINION from 9/27/99

Court:TSC

Attorneys:  

For Appellants:                 For Appellees:

Paul G. Summers                 Larry L. Crain
Attorney General and Reporter   AMERICAN CENTER 
                                FOR LAW AND JUSTICE
Michael E. Moore                Brentwood, Tennessee
Solicitor General
                                Kevin H. Theriot
Dianne Stamey Dycus             AMERICAN CENTER
Deputy Attorney General         FOR LAW AND JUSTICE
Nashville, Tennessee            Panama City Beach, Florida


For Amici Curiae,
Teresa Evetts Horton, et al.:

Frederick F. Greenman, Jr.      Harlan Dodson, III
DEUTSCH, KLAGSBRUN & BLASBAND   Anne C. Martin
New York, New York              Julie K. Sandine
                                DODSON, PARKER & BEHM
Robert D. Tuke                  Nashville, Tennessee
TUKE, YOPP & SWEENEY
Nashville, Tennessee                        

Judge: ANDERSON

First Paragraph:

We granted this appeal to decide whether legislation allowing
disclosure of sealed adoption records to adopted persons over the age
of 21 impairs the vested rights of birth parents who surrendered
children under the prior law and thus constitutes retrospective
legislation in violation of article I, section 20 of the Tennessee
Constitution.  We also have considered whether the legislation
violates the right to privacy under the Tennessee Constitution.

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



TOMMIE FAYE BURNETTE VS. OLAN MILLS, INC. Court:TSC - Workers Comp Panel Attorneys: For the Appellant: For the Appellee: D. Brett Burrow Martin J. Levitt Brewer, Krause & Brooks Levitt & Levitt Suite 2600, The Tower 312 Vine Street 611 Commerce Street Chattanooga, TN 37403 Nashville, TN 37202-3890 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. Review of the findings of fact made by the trial court is de novo upon the record of the trial court, accompanied by a presumption of the correctness of the finding, 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). http://www.tba.org/tba_files/TSC_WCP/burnette.wpd
EDWARD RAY HOWELL, JR. VS. PHP COMPANIES, INC. and TENNESSEE DEPARTMENT OF LABOR, SECOND INJURY FUND Court:TSC - Workers Comp Panel Attorneys: For the Appellant: For the Appellee: David H. Dunaway Linda J. Hamilton Mowles 100 South Fifth Street One Centre Square, 5th Floor P.O. Box 231 P.O. Box 2425 Lafollette, Tenn. 37766 Knoxville, Tenn. 37901 Kathleen W. Stratton 2nd Floor, Cordell Hull Bldg. 425 Fifth Ave. North Nashville, Tenn. 37243-0499 Judge: THAYER 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. The employee, Edward Ray Howell, Jr., has appealed from the action of the trial court in dismissing his claim for benefits. The Chancellor found that the injury in question did not aggravate his previous physical condition to the extent of constituting an anatomical change as a result of the accident. http://www.tba.org/tba_files/TSC_WCP/HOWELLED.wpd
SUPREME COURT OF TENNESSEE STATE LIST FOR PERMISSION TO APPEAL Court:TSC - Rules http://www.tba.org/tba_files/TSC_Rules/CERTLIST_0110.wpd
IN RE: Petition to Amend Supreme Court Rule 21 To Provide for the Permanent Acceptance of Distance Learning Activities As Part of Tennessee's Mandatory Continuing Legal Education Program CORRECTED ORDER Court:TSC - Rules Judge: ANDERSON First Paragraph: It appearing to the Court that the Order entered on December 30, 1999, contained incorrect numbering of the Sections of Rule 21 to be amended, it is ORDERED that the attached corrected Order be substituted in its place. http://www.tba.org/tba_files/TSC_Rules/rul21amd.wpd
ROBERT WILLIAMS VS. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: JOHNNY L. WOODRUFF PAUL G. SUMMERS Attorney at Law Attorney General & Reporter 701 Market St., Ste. 1300 Chattanooga, TN 37402 ELLEN H. POLLACK Asst. Attorney General 425 Fifth Ave. North 2d Floor, Cordell Hull Bldg. Nashville, TN 37243-0493 WILLIAM H. COX, III District Attorney General BATES W. BRYAN Asst. District Attorney General 600 Market St., Ste. 300 Chattanooga, TN 37402 Judge: WITT First Paragraph: The defendant, Robert Williams, is before the court on appeal of the trial court's denial of his petition for post-conviction relief. Williams is serving a sentence of life plus 30 years for the first degree murder of a former paramour and the attempted second degree murder of her husband. See State v. Robert Williams, No. 03C01-9302-CR-00050 (Tenn. Crim. App., Knoxville, Apr. 2, 1996). http://www.tba.org/tba_files/TCCA/williamsr.wpd

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