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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