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March 6, 2000
Volume 6 -- Number 033
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):
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| 00 |
New Opinion(s) from the Tennessee Supreme Court |
| 05 |
New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel |
| 00 |
New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court |
| 04 |
New Opinion(s) from the Tennessee Court of Appeals |
| 07 |
New Opinion(s) from the Tennessee Court of Criminal Appeals |
| 04 |
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
BARRY L. BLACKWELL
VS.
MADISON COUNTY SHERIFF'S DEPARTMENT
Court:TSC - Workers Comp Panel
Attorneys: FOR THE APPELLANT: FOR THE APPELLEE:
RUSSELL E. REVIERE GEORGE L. MORRISON, III
Rainey, Kizer, Butler, Reviere & Bell
209 East Main Street 201 East Baltimore Street
Jackson, Tennessee 38301 Jackson, Tennessee 38301
Judge: LAFFERTY
First Paragraph:
This workers' compensation appeal has been referred to the Special
Worker's Compensation Panel of the Supreme Court in accordance with
Tennessee Code Annotated S 50-6-225(e) for a hearing and reporting to
the Supreme Court of findings of fact and conclusions of law.
This case arises out of heart problems suffered by a sheriff's deputy.
The trial court found that the plaintiff was entitled to the
statutory presumption in Tennessee Code Annotated S 7-5-201(a)(1)
allowing the court to presume that a law enforcement officer's heart
problems are work-related. The trial court found that the plaintiff
suffered a 30 percent permanent partial disability to the body as a
whole from this injury.
http://www.tba.org/tba_files/TSC_WCP/BLACKWEL.wpd
DAVID COLEMAN
VS.
LUMBERMAN'S MUTUAL CASUALTY COMPANY
Court:TSC - Workers Comp Panel
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
R. SADLER BAILEY S. NEWTON ANDERSON
ANDREW C. CLARKE THOMAS F. PRESTON
Law Offices of Bailey & Clarke Spicer, Flynn & Rudstorm, PLLC
6256 Poplar Avenue 80 Monroe Avenue, Suite 500
Memphis, Tennessee 38119 Memphis, Tennessee 38103
Judge: LAFFERTY
First Paragraph:
At issue in this case is the extent of disability resulting from an
injury that occurred on July 7, 1995, when a 200-250 pound hide-a-bed
sofa fell on the plaintiff. The trial court found that the plaintiff
suffered a work-related injury to his right shoulder on July 7, 1995,
and awarded the plaintiff 25 percent permanent partial disability to
the body as a whole. However, the court found that the plaintiff did
not sustain compensable injuries to his back, reflex sympathetic
dystrophy ("RSD") to his right shoulder, or any psychiatric injury as
a result of the accident on July 7, 1995. For the reasons below, we
affirm the trial court's decision as to both the claims for injury to
the shoulder and back but reverse the trial court's determination that
the plaintiff suffered no psychiatric injury arising out of this
incident.
http://www.tba.org/tba_files/TSC_WCP/coleman.wpd
JACKSON MANUFACTURING COMPANY, and LIBERTY MUTUAL INSURANCE COMPANY
VS.
MARIE LAMBERT,
Court:TSC - Workers Comp Panel
Attorneys:
For the Appellants: For the Appellee:
Paul H. Dietrich James F. Logan, Jr.
P. O. Box 198 P. O. Box 191
Cleveland, TN 37364 Cleveland, TN 37364
Judge: CATE
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 plaintiffs, Jackson Manufacturing Company and Liberty Mutual
Insurance Company, contend the trial court was incorrect in awarding
the defendant, Marie Lambert, 40% permanent partial disability to the
body as a whole instead of a lesser amount to a scheduled member on
the basis that the disability associated with the shoulder and neck
area was not caused by the accident at work.
http://www.tba.org/tba_files/TSC_WCP/jackson-mfg.wpd
MARY ALICE MAUPIN
VS.
METHODIST MEDICAL CENTER OF OAK RIDGE
Court:TSC - Workers Comp Panel
Attorneys:
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 employer, Methodist Medical Center of Oak Ridge, has appealed from
the trial court's ruling awarding the employee, Mary Alice Maupin,
certain travel expenses pursuant to the provisions of T.C.A. S
50-6-204. All other issues were settled and approved by the trial
court.
http://www.tba.org/tba_files/TSC_WCP/maupin_wc.wpd
CRAIG STEPHEN PORTMAN
VS.
CAMELOT CARE CENTERS, INC.
Court:TSC - Workers Comp Panel
Attorneys:
For the Appellant: For the Appellee:
Jeffrey P. Boyd J. Anthony Farmer
45 Conrad Drive, Suite 200 P. O. Box 709
P. O. Box 2385 Knoxville, Tn 37901-0709
Jackson, TN 38302
Judge: CATE
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 only issue for resolution is whether the trial court properly
concluded that the injury to the eye of the plaintiff, Craig Stephen
Portman, arose out of his employment with the defendant, Camelot Care
Center, Inc. We agree with the trial court and affirm.
http://www.tba.org/tba_files/TSC_WCP/portman_wc.wpd
PAMELA LANNOM
VS.
BOARD OF EDUCATION FOR THE METROPOLITAN GOVERNMENT OF NASHVILLE
AND DAVIDSON COUNTY
Court:TCA
Attorneys:
JAMES G. THOMAS
KENDRA E. SAMSON
150 Fourth Avenue North
Nashville, Tennessee 37219
Attorneys for Petitioner/Appellant
FRANCIS H. YOUNG
Metropolitan Attorney
204 Metropolitan Courthouse
Nashville, Tennessee 37201
Attorney for Respondent/Appellee
Judge: CANTRELL
First Paragraph:
The Davidson County Board of Education conducted a termination hearing
for a tenured teacher who had been caught on videotape stealing pills
from a student's prescription bottle. After the hearing, the teacher
was dismissed from her position. She subsequently filed a Petition
for Writ of Certiorari, which was dismissed after a Chancery Court
hearing. We affirm the Chancery Court.
http://www.tba.org/tba_files/TCA/lannomp.wpd
VIRGINIA A. PARKER
VS.
FIRST AMERICAN CORPORATION
Court:TCA
Attorneys:
WILLIAM L. MOORE, JR.
Rogers & Moore
119 Public Square
Gallatin, Tennessee 37066
ATTORNEY FOR PLAINTIFF/APPELLANT
WENDY LYNNE LONGMIRE
200 Fourth Avenue North
Noel Place, Third Floor
P. O. Box 198985
Nashville, Tennessee 37219-8985
ATTORNEY FOR DEFENDANT/APPELLEE
Judge: CAIN
First Paragraph:
This appeal involves the jury's assessment of damages arising out of a
premises liability case. Finding the plaintiff to be 49% at fault and
the defendant to be 51% at fault, the jury awarded to the plaintiff
51% of the damages that it had assessed. On appeal, the plaintiff
argues that the jury's damage award is not supported by material
evidence in that it does not include damages for pain, suffering and
loss of enjoyment of life. We agree with the plaintiff. Therefore,
we reverse the jury's award as to damages and remand this case for a
new trial only on the issue of damages.
http://www.tba.org/tba_files/TCA/parkerva.wpd
CLARICE C. WHITE
VS.
MARY JO DOZIER and THE MONTGOMERY COUNTY ELECTION COMMISSION
Court:TCA
Attorneys:
JEREMY E. WHITE
Faegre & Benson
2200 Norwest Center
90 South Seventh Street
Minneapolis, Minnesota 55402-3901
LUTHER WRIGHT, JR.
Boult, Cummings, Conners & Berry
414 Union Street, Suite 1600
P. O. Box 198062
Nashville, Tennessee 37219
ATTORNEYS FOR PLAINTIFF/APPELLANT
F. EVANS HARVILL
Rudolph, Ross, Fendley,
Hogan, Moyer & Sykes
107 N. Third Street
Clarksville, Tennessee 37040
ATTORNEY FOR DEFENDANTS/APPELLEES
Judge: CAIN
First Paragraph:
This is an appeal by the contestant in an election contest brought
pursuant to Tennessee Code Annotated sections 2-17-101 to 2-17-116.
The trial court dismissed the complaint specifically holding that the
mandate of section 2-17-106, that trial of an election contest "be
held no more than fifty days from the date the complaint was filed,"
was jurisdictional such that after the expiration of this fifty-day
period, the trial court lost jurisdiction.
http://www.tba.org/tba_files/TCA/whitec2.wpd
RALPH E. WILLIAMS
VS.
TENNESSEE DEPARTMENT OF EMPLOYMENT SECURITY,
COMMISSIONER MARGARET CULPEPPER, AND CHATTANOOGA
AREA REGIONAL TRANSPORTATION AUTHORITY ("CARTA")
Court:TCA
Attorneys:
For Appellant For Appellees
RALPH E. WILLIAMS PAUL G. SUMMERS
Pro Se Attorney General and Reporter
Chattanooga, Tennessee Nashville, Tennessee
DOUGLAS EARL DIMOND
Assistant Attorney General
Civil Rights Division
Nashville, Tennessee
Judge: SUSANO
First Paragraph:
This is an unemployment compensation case. The Tennessee Department
of Employment Security ("the Department") denied the claim of Ralph E.
Williams for unemployment benefits, finding that Williams had been
guilty of work-related misconduct. After exhausting his
administrative remedies to no avail, Williams filed a petition for
certiorari in the trial court, which court affirmed the Department's
denial of benefits. Williams appeals, essentially arguing: (1) that
he was not guilty of work-related misconduct; and (2) that he was
deprived of a fair hearing in violation of state and federal law.
http://www.tba.org/tba_files/TCA/Williamsre.wpd
STATE OF TENNESSEE
VS.
TERRY BALLARD a/k/a TERRY BATTLE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
PETER D. HEIL PAUL G. SUMMERS
810 Broadway, Suite 203 Attorney General & Reporter
Nashville, TN 37203
(On Appeal) RUSSELL S. BALDWIN
Assistant Attorney General
JUDY OXFORD 2nd Floor, Cordell Hull Building
136 Fourth Avenue South 425 Fifth Avenue North
P.O. Box 1608 Nashville, TN 37243
Franklin, TN 37065
(At Trial) RONALD DAVIS
District Attorney General
JEFF BURKS
Assistant District Attorney General
P.O. Box 937
Franklin, TN 37065-0937
Judge: WOODALL
First Paragraph:
Defendant Terry Ballard a/k/a Terry Battle was convicted by a
Williamson County jury of theft of property worth more than $1,000.00
and criminal impersonation. The trial court subsequently sentenced
Defendant as a career offender to consecutive terms of twelve years
for theft and six months for criminal impersonation. Defendant
challenges his conviction, raising the following issue: whether the
trial court erred when it excluded Defendant from his trial. After a
review of the record, we reverse the judgment of the trial court and
remand this matter for a new trial.
http://www.tba.org/tba_files/TCCA/ballardt.wpd
STATE OF TENNESSEE
VS.
WAYFORD DEMONBREUN, JR.
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
CYNTHIA M. FORT PAUL G. SUMMERS
Suite 340-M, Washington Square II Attorney General and Reporter
222 Second Avenue North
Nashville, TN 37201 KIM R. HELPER
Assistant Attorney General
425 Fifth Avenue North
Nashville, TN 37243
VICTOR S. JOHNSON
District Attorney General
TOM THURMAN
Asst District Attorney General
Washington Square, Suite 500
222 Second Avenue North
Nashville, TN 37201-1649
Judge: WELLES
First Paragraph:
The Defendant, Wayford Demonbreun, Jr., appeals as of right from his
convictions on a jury verdict of second degree murder and aggravated
assault. He challenges only the sufficiency of the convicting
evidence. We affirm the judgment of the trial court.
http://www.tba.org/tba_files/TCCA/demonbreunw.wpd
BILLY MERLE MEEKS
VS.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
For Appellant: For Appellee:
Edward L. Boring John Know Walkup
P.O. Box 1025 Attorney General and Reporter
Pikeville, TN 37367 450 James Robertson Parkway
Nashville, TN 37243-0493
Marvin E. Clements, Jr.
Assistant Attorney General
425 Fifth Avenue North
Nashville, TN 37243-0493
Thomas D. Hembree
Assistant District Attorney General
2nd Floor Lawyers Bldg
Jasper, TN 37347
Judge: OGLE
First Paragraph:
The petitioner, Billy Merle Meeks, appeals the dismissal of his
petition for post-conviction relief by the Grundy Circuit Court on
February 9, 1998. The petitioner was convicted of aggravated
kidnapping, especially aggravated robbery, aggravated burglary, and
extortion in the Grundy County Circuit Court in August 1990. The
petitioner received an effective sentence of thirty-nine years in the
Department of Correction.
http://www.tba.org/tba_files/TCCA/meeksbm.wpd
STATE OF TENNESSEE
VS.
WILLIAM H. MOSS
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
A. Philip Lomonaco Paul G. Summers
112 Durwood Drive Attorney General & Reporter
Knoxville, TN 37922
Kimberly J. Dean
Deputy Attorney General
425 Fifth Avenue North
Nashville, TN 37243-0493
James N. Ramsey
District Attorney General
Janice G. Hicks
Assistant District Attorney General
127 Anderson County Courthouse
100 South Main Street
Clinton, TN 37716
Judge: GLENN
First Paragraph:
The defendant, William H. Moss, was convicted pursuant to a guilty
plea entered on March 17, 1998, in the Criminal Court for Anderson
County of a Class A misdemeanor offense of DUI, third offense. For
this conviction, he was sentenced to eleven months and twenty-nine
days, to serve 120 days in the Anderson County Jail with the remaining
portion of his sentence to be suspended. The defendant appeals as of
right from an order entered by the Criminal Court for Anderson County
on November 30, 1998, requiring that he be reincarcerated to serve the
remainder of his 120-day jail sentence.
http://www.tba.org/tba_files/TCCA/mosswh.wpd
STATE OF TENNESSEE
VS.
CHARLES EDWARD OVERBY
Court:TCCA
Attorneys:
For Appellant: For Appellee:
Charles G. Wright, Jr. Paul G. Summers
Attorney Attorney General and Reporter
253 East Eleventh Street
Chattanooga, TN 37402-4225 Elizabeth B. Marney
Assistant Attorney General
Criminal Justice Division
425 Fifth Avenue North
Nashville, TN 37243
Sandra C. Donaghy
Assistant District Attorney General
P.O. Box 1351
Cleveland, TN 37364
Judge: WADE
First Paragraph:
The defendant, Charles Edward Overby, was convicted of possession of
marijuana, theft under $500.00, theft over $1,000.00, aggravated
assault, and second degree murder. The jury acquitted the defendant
of aggravated burglary.
http://www.tba.org/tba_files/TCCA/overbyce.wpd
JOHNNY RUTHERFORD
VS.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Johnny Rutherford, Pro Se Paul G. Summers
NECXU09-00114033 Attorney General of Tennessee
Northeast Correctional Complex and
Post Office Box 5000 Ellen H. Pollack
Mountain City, Tennessee 38583 Asst Attorney General of Tennessee
425 Fifth Avenue North
Nashville, TN 37243
James N. Ramsey
District Attorney General
and
Janice G. Hicks
Assistant District Attorney General
127 Anderson County Courthouse
100 North Main Street
Clinton, Tennessee 37716
Judge: TIPTON
First Paragraph:
The petitioner, Johnny Rutherford, appeals as of right the Anderson
County Criminal Court's denial of his petition for post-conviction
relief. He seeks relief from his 1986 convictions for armed robbery,
aggravated kidnapping, and aggravated rape. He was sentenced as a
habitual offender to concurrent life sentences for the armed robbery
and aggravated rape convictions. He received a forty-year sentence
for the aggravated kidnapping conviction, which is consecutive to the
life sentences. This court affirmed the convictions for armed
robbery, aggravated kidnapping, and aggravated rape on direct appeal
but vacated an escape conviction. State v. Johnny Rutherford, No.
176, Anderson County (Tenn. Crim. App. Mar. 15, 1988), app. denied
(Tenn. May 31, 1988).
http://www.tba.org/tba_files/TCCA/rutherfordj.wpd
STATE OF TENNESSEE
VS.
CHRISTOPHER WALLS
Court:TCCA
Attorneys:
FOR THE APPELLANT:
JOE H. WALKER
District Public Defender
ROLAND COWDEN (at trial)
WALTER B. JOHNSON, II (on appeal)
Asst. District Public Defenders
P.O. Box 334
Harriman, TN 37748-0334
FOR THE APPELLEE:
PAUL G. SUMMERS
Attorney General & Reporter
ELIZABETH B. MARNEY
Asst. Attorney General
425 Fifth Ave. North
Nashville, TN 37243-0493
J. SCOTT McCLUEN
District Attorney General
FRANK HARVEY
Asst. District Attorney General
P.O. Box 703
Kingston, TN 37763-0703
Judge: WITT
First Paragraph:
The defendant, Christopher Walls, appeals from the denial of his
motion for reduction of sentence by the Criminal Court of Morgan
County. The defendant pleaded guilty to escape, a Class E felony,
Tenn. Code Ann. S 39-16-601 (1997), and theft of property valued over
$1000, a Class D felony, Tenn. Code Ann. S 39-14-103 (1997).
http://www.tba.org/tba_files/TCCA/WallsC.wpd
Extraterritorial City Zoning
Date: February 28, 2000
Opinion Number: Opinion No. 00-032
http://www.tba.org/tba_files/AG/OP32.pdf
1988 Tenn. Priv. Acts, ch. 144 - Restrictions On Solid Waste Disposal
- Commerce Clause
Date: February 28, 2000
Opinion Number: Opinion No. 00-033
http://www.tba.org/tba_files/AG/OP33.pdf
Workforce Investment Act of 1998 - Propriety and Constitutionality of
H.B. 2389
Date: February 29, 2000
Opinion Number: Opinion No. 00-034
http://www.tba.org/tba_files/AG/OP34.pdf
Release of arrestees who have posted bail
Date: March 1, 2000
Opinion Number: Opinion No. 00-035
http://www.tba.org/tba_files/AG/OP35.pdf
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