February 25, 2000
Volume 6 -- Number 029

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.

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
02 New Opinion(s) from the Tennessee Court of Appeals
03 New Opinion(s) from the Tennessee Court of Criminal Appeals
00 New Opinion(s) from the Tennessee Attorney General (PDF format)
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

CHARLES PENDLETON
VS.
KNOXVILLE COMMUNITY DEVELOPMENT CORPORATION

Court:TSC - Workers Comp Panel

Attorneys:   

For the Appellant:              For the Appellee:

John T. Batson, Jr.             James L. Milligan, Jr.
Watson, Hollow & Reeves         607 Market Street
Plaza Tower, Suite 1700         10th Floor
Knoxville, Tennessee 37929      Knoxville, Tennessee 37902                       

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. S 50-6-225(e)(3) for hearing and reporting to the
Supreme Court of findings of fact and conclusions of law.  The
employer, Knoxville Community Development Corporation (hereafter
"KCDC") appeals an award of 20 percent disability to the body.  We
affirm. Review of the findings of fact of 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.

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



ALBERT J. SHELL VS. ABB COMBUSTION ENGINEERING, INC. Court:TSC - Workers Comp Panel Attorneys: For the Appellant: For the Appellee: Thomas L. Wyatt Jeffrey L. Cleary Summers & Wyatt, P.C. Cleary & Lockett, P.C. 500 Lindsay Street 801 Broad St. Suite 530 Chattanooga, Tenn. 37403 Chattanooga, Tenn. 37402-2687 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/shell.wpd
BUFORD KNIGHT and wife, ANNABELLE KNIGHT VS. GREENE COUNTY, TENNESSEE, and ALAN D. BROYLES, in his capacity as County Executive of Greene County, Tennessee Court:TCA Attorneys: For Appellants For Appellees WILLIAMS E. PHILLIPS JEFFREY M. WARD Phillips & Hale DANIEL D. COUGHLIN Rogersville, Tennessee Milligan & Coleman Greeneville, Tennessee Judge: SUSANO First Paragraph: This is an inverse condemnation action brought by Buford Knight and Annabelle Knight against Greene County and Alan D. Broyles, County Executive of Greene County (collectively "the County"). The trial court granted the County summary judgment, finding that the plaintiffs' action was barred by the statute of limitations. The plaintiffs appeal, arguing that the trial court erred in granting summary judgment because their cause of action was filed pursuant to the savings statute, T.C.A. S 28-1-105, and thus is not barred by the statute of limitations. http://www.tba.org/tba_files/TCA/knightb.wpd
STEVE MYERS VS. DANNY WILSON and ELMO MAYES Court:TCA Attorneys: For Appellant For Appellees LYNN TARPY JOHNNY V. DUNAWAY THOMAS M. LEVEILLE LaFollette, Tennessee Hagood, Tarpy & Cox, PLLC Knoxville, Tennessee Judge: SUSANO First Paragraph: This case arises out of a dispute over a 30-foot right-of-way that crosses the property of the plaintiff, Steve Myers, and provides access to a state highway from the property owned by the defendant, Danny Wilson, which property is leased to the defendant, Elmo Mayes. Wilson was granted an easement over Myers' property in a deed providing that Wilson was entitled to "the right of the unobstructed use of the private road." Myers brought this action seeking a declaratory judgment, damages, and injunctive relief against the defendants after two gates on the right-of-way were destroyed. The trial court denied Myers' request for damages and an injunction, finding that the two gates interfered with Wilson's "unobstructed use." http://www.tba.org/tba_files/TCA/myerss.wpd
PAUL A. MAYES VS. STATE OF TENNESSEE Court:TCCA Attorneys: For Appellant: For Appellee: Joe H. Walker Paul G. Summers District Public Defender Attorney General and Reporter Susan Corea Fuller Ellen H. Pollack Assistant Public Defender Assistant Attorney General P.O. Box 334 425 Fifth Avenue North Harriman, TN 37748 Nashville, TN 37243 Scott McCluen District Attorney General P.O. Box 703 Kingston, TN 37763 Judge: WADE First Paragraph: The petitioner, Paul A. Mayes, appeals the trial court's dismissal of his petition for writ of habeas corpus. In this appeal of right, the single issue presented for review is whether the petition was properly dismissed. http://www.tba.org/tba_files/TCCA/Mayespa.wpd
ASHLEE M. SELLARS VS. STATE OF TENNESSEE Court:TCCA Attorneys: For the Appellant: For the Appellee: J. Liddell Kirk Paul G. Summers 706 Walnut Street, Suite 902 Attorney General of Tennessee Knoxville, TN 37902 and R. Stephen Jobe Assistant Attorney General of Tennessee 425 Fifth Avenue North Nashville, TN 37243 Randall E. Nichols District Attorney General and William H. Crabtree Assistant District Attorney General Post Office Box 1468 Knoxville, TN 37901-1468 Judge: TIPTON First Paragraph: The petitioner, Ashlee M. Sellars, appeals as of right from the Knox County Criminal Court's dismissal of her petition for post-conviction relief. On January 30, 1998, the petitioner pled guilty to facilitation of felony murder, a Class A felony, and especially aggravated robbery, a Class A felony. The trial court sentenced her to concurrent twenty-five year terms. The trial court dismissed the post-conviction petition for failing to state a claim for relief. The petitioner contends that the trial court erred in dismissing her petition without an evidentiary hearing because it stated a colorable claim. She claims that her guilty pleas were not knowing and voluntary because they resulted from emotional coercion from her mother the night before she entered her plea. The state contends that the petitioner failed to allege a violation of her constitutional rights. We reverse the trial court's dismissal of the petition and remand the case for an evidentiary hearing. http://www.tba.org/tba_files/TCCA/Sellarsam.wpd
STATE OF TENNESSEE VS. DAVID WILLIAM SMITH Court:TCCA Attorneys: FOR THE APPELLEE: FOR THE APPELLANT: GALE K. FLANARY PAUL G. SUMMERS Assistant Public Defender Attorney General & Reporter P. O. Box 839 Blountville, TN 37617-0839 ERIK W. DAAB (At Trial) Assistant Attorney General 425 Fifth Avenue North TERRY L. JORDAN Nashville, TN 37243-0493 Assistant Public Defender P. O. Box 839 H. GREELEY WELLS, JR. Blountville, TN 37617-0839 District Attorney General (At Trial and On Appeal) JOSEPH EUGENE PERRIN GERALD L. GULLEY, JR. Assistant District Attorney General P. O. Box 1708 P. O. Box 526 Knoxville, TN 37901-1708 Blountville, TN 37617-0526 (On Appeal) Judge: GLENN First Paragraph: The defendant, David William Smith, was indicted by the Sullivan County Grand Jury and charged with five counts of attempted first degree murder. Following the first trial, the jury found him not guilty of attempted first degree murder, but could not agree upon the remaining charges, necessitating that a mistrial be declared. After the second jury to hear the charges also could not agree upon a verdict, a second mistrial was declared. However, the third jury to hear the charges convicted him of five counts of attempted second degree murder. The trial court sentenced the defendant to sixteen years for each count as a Range II offender. The court ordered that the sentences for counts one and two be served consecutively and the sentences for counts three, four, and five be served concurrently, for a total effective sentence of thirty-two years. http://www.tba.org/tba_files/TCCA/smithdw.wpd

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