January 13, 2000
Volume 6 -- Number 006

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
02 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
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


THOMAS RICHARD CATE
VS.
CHARLES TOOLEY, d/b/a TOOLEY AUTOMATIC TRANSMISSION SERVICE
Court:TSC - Workers Comp Panel
Attorneys: 
For the Appellant:              For the Appellee:
Richard Baker                   Robert M. Shelor
P.O. Box 31347                  Kristi D. McKinney
Knoxville, Tennessee 37930      Kennerly, Montgomery & Finley, P.C.
                                4th Floor, NationsBank Center
                                P.O. Box 442
                                Knoxville, Tennessee 37901                         

Judge:  PEOPLES

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. S50-6-225(e)(3) for hearing and reporting to the
Supreme Court of findings of fact and conclusions of law.   The
employee appeals the dismissal of his claim for workers' compensation
benefits.  The trial court found (1) that Thomas Richard Cate was not
acting in the course and scope of his employment with Charles Tooley
d/b/a Tooley Automatic Transmission Service (hereafter "Charles
Tooley") when he was injured, and (2) that Mr. Cate failed to give the
required statutory notice of the injury to his employer.  We affirm.

http://www.tba.org/tba_files/TSC_WCP/Catetool.wpd





JUDY ANN WALKER
VS.
KINGSTON WARREN CORPORATION 
and HARTFORD CASUALTY INSURANCE COMPANY

Court:TSC - Workers Comp Panel

Attorneys: 

For the Appellants:             For the Appellee:

Lynn C. Peterson                James M. Davis
Norton & Luhn, P. C.            214 North Jackson Street
550 Main Avenue, Suite 900      Morristown, Tenn.  37814
P. O. Box 2467
Knoxville, Tenn.  37901-2467                         

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.

http://www.tba.org/tba_files/TSC_WCP/walkerja_wc.wpd





STATE OF TENNESSEE
VS.
RAYMOND PAUL DUNCAN
Court:TCCA
Attorneys:   
For the Appellant:              For the Appellee:
John T. Milburn Rogers  John Knox Walkup 
Jerry Laughlin          Attorney General of Tennessee
100 South Main Street       and
Greeneville, TN 37743   Sandy C. Patrick
                        Assistant Attorney General of Tennessee                         
                        425 Fifth Avenue North          
                        Nashville, TN 37243-0493

                        David E. Crockett
                        District Attorney General
                        Route 19, Box 99
                        Johnson City, TN 37601

                        Michael Laguardia
                        Assistant District Attorney General
                        P.O. Box 38
                        Jonesborough, TN 37659                       

Judge:  TIPTON

First Paragraph:

The defendant, Raymond Paul Duncan, appeals as of right from his
conviction upon a guilty plea in the Washington County Criminal Court
for voluntary manslaughter, a Class C felony.  He was sentenced as a
Range I, standard offender to five years confinement to be served in
the custody of the Department of Correction.

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