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March 10, 2000
Volume 6 -- Number 037
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 |
| 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 |
| 01 |
New Opinion(s) from the Tennessee Court of Appeals |
| 05 |
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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Click the URL at end of each Opinion paragraph below. This option will allow you to download the original document.
Lucian T. Pera
Editor-in-Chief, TBALink
PEGGY HAMMONDS
VS.
NATIONAL HEALTH CORP., d/b/a ATHENS HEALTH CARE CENTER
Court:TSC - Workers Comp Panel
Attorneys:
For the Appellant: For the Appellee:
Paul Campbell, III W. C. Finnell
1100 SunTrust Bank Building 217 Broad Street
Chattanooga, TN 37402 P.O. Box 1476
Cleveland, TN 37364-1476
Judge: CORLEW
First Paragraph:
This worker's compensation appeal has been referred to the Special
Workers' Compensation Appeals Panel of the Supreme Court in accordance
with the provisions of Tennessee Code Annotated S50-6-225 (e) (3)
(1998 Supp.) for hearing and reporting to the Supreme Court of
findings of fact and conclusions of law. The Trial Court found the
worker to suffer from a condition known as reflex sympathetic
dystrophy, and awarded the Appellee forty-five percent vocational
disability apportioned to the body as a whole. The employer appeals
asserting a number of grounds for reversal. We have considered each
of the issues raised on appeal, and further we have weighed the
evidence ourselves, as we are required to do, with a presumption of
correctness of the decision of the Trial Judge as to factual matters,
and without presumption as to legal issues.
http://www.tba.org/tba_files/TSC_WCP/HAMMONDS.wpd
CAROLYN KING
VS.
TECUMSEH PRODUCTS COMPANY
Court:TSC - Workers Comp Panel
Attorneys:
For the Appellant: For the Appellee:
L. L. Harrell, Jr. Mitchell G. Tollison
HARRELL & HARRELL HAWKS & TOLLISON
110 NW Court Square P. O. Box 630
Trenton, TN 38382 Humboldt, TN 38343
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 findings, 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). The application of this
standard requires this Court to weigh in more depth the factual
findings and conclusions of the trial court in a workers' compensation
case. See Corcoran v. Foster Auto GMC, Inc., 746 S.W.2d 452, 456
(Tenn. 1988).
http://www.tba.org/tba_files/TSC_WCP/kingC.wpd
CYNTHIA Y. LONG
VS.
CITY OF MARYVILLE
WITH DISSENTING OPINION
Court:TCA
Attorneys:
KEVIN SHEPHERD, Maryville, for Appellant
ROBERT H. WATSON, JR., Watson, Hollow & Reeves, P.L.C., for Appellee
Judge: GODDARD
First Paragraph:
This appeal from the Circuit Court of Blount County concerns liability
under the Tennessee Governmental Tort Liability Act, which grants
immunity, subject to certain statutory exceptions, to governmental
entities pursuant to Tennessee Code Annotated S 29-20-201. Cynthia Y.
Long, the Plaintiff/Appellant, appeals the Trial Court's judgment on
directed verdict in favor of the City of Maryville, the
Defendant/Appellee.
http://www.tba.org/tba_files/TCA/longcyn_opn.wpd
DISSENTING OPINION:
http://www.tba.org/tba_files/TCA/longcynd_dis.wpd
STATE OF TENNESSEE
VS.
CHRISTOPHER TODD BROWN
Court:TCCA
Attorneys:
FOR THE APPELLANT:
ERNEST H. HICKERSON, JR.
P.O. Box 60387
Nashville, TN 37206
(At Trial)
TERRY J. CANADY
211 Printers Alley
Suite 400
Nashville, TN 37201-1414
(On Appeal)
FOR THE APPELLEE:
PAUL G. SUMMERS
Attorney General and Reporter
LUCIAN D. GEISE
Assistant Attorney General
Cordell Hull Building, 2nd Floor
425 Fifth Avenue North
Nashville, TN 37243-0493
VICTOR S. JOHNSON III
District Attorney General
LILA STATOM
BRET T. GUNN
Asst. District Attorneys General
Washington Square
222 2nd Ave. N., Suite 500
Nashville, TN 37201-1649
Judge: RILEY
First Paragraph:
Defendant was indicted on two counts of attempted first degree murder.
A Davidson County jury found him guilty of one count of attempted
first degree murder and one count of attempted second degree murder.
He was sentenced as a Range I standard offender to consecutive
sentences of twenty-three years and ten years, respectively.
http://www.tba.org/tba_files/TCCA/BrownChr.wpd
STATE OF TENNESSEE
VS.
SAMANTHA HEARD
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Niles S. Nimmo Paul G. Summers
Realtors Bldg, Ste 200 Attorney General and Reporter
306 Gay Street
Nashville, TN 37201 Marvin E. Clements, Jr.
Assistant Attorney General
Criminal Justice Division
425 Fifth Avenue North
2d Floor, Cordell Hull Building
Nashville, TN 37243-0493
Victor S. (Torry) Johnson III
District Attorney General
Charles A. Carpenter
Asst. District Attorney General
Washington Square, Suite 500
222-2nd Avenue, N.
Nashville, TN 37201-1649
Judge: HAYES
First Paragraph:
The appellant, Samantha Heard, appeals from a judgment of conviction
entered by the Davidson County Criminal Court. The appellant pled
guilty to one count of sale of cocaine in excess of .5 grams, a class
B felony. As a condition of the plea agreement, the appellant
reserved the right to appeal, as a certified question of law, the
trial court's denial of her motion to suppress. See Tenn. R. App. P.
3(b); Tenn. R. Crim. P. 37(b). Specifically, she asserts that the
facts alleged in the affidavit of the search warrant are insufficient
to support a finding of probable cause for the search of her person.
http://www.tba.org/tba_files/TCCA/HeardSam.wpd
STATE OF TENNESSEE
VS.
KHANH V. LE
CORRECTED OPINION
WITH DISSENTING OPINION AND ORDER
Court:TCCA
Attorneys:
For Appellant: For Appellee:
W. Mark Ward Paul G. Summers
Asst. Shelby County Pub Def Attorney General and Reporter
Suite 2-01, 201 Poplar Ave. 450 James Robertson Parkway
Memphis, TN 38103 Nashville, TN 37243-0493
Robert W. Jones Peter M. Coughlan
Asst. Shelby County Pub Def Assistant Attorney General
Criminal Justice Ctr-2nd Fl 425 Fifth Avenue North
Memphis, TN 38103 Nashville, TN 37243-0493
Edgar A. Peterson, IV
Asst District Attorney General
Criminal Justice Center - 3rd Floor
Memphis, TN 38103
Judge: OGLE
First Paragraph:
On November 10, 1997, the appellant, Khanh V. Le, was convicted by a
jury in the Shelby County Criminal Court of first degree murder. The
trial court sentenced the appellant to life imprisonment in the
Tennessee Department of Correction.
http://www.tba.org/tba_files/TCCA/lekhanh_opn.wpd
DISSENTING OPINION:
http://www.tba.org/tba_files/TCCA/lekhanhD_dis.wpd
ORDER:
http://www.tba.org/tba_files/TCCA/lekhanhr_ord.wpd
SHAWN D. LESLEY
VS.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
Shawn D. Lesley, pro se Paul G. Summers
#257056 Attorney General & Reporter
West Tennessee State Penitentiary
Site 1 Todd R. Kelley
P. O. Box 1000 Assistant Attorney General
Hennings, TN 38041-1000 425 Fifth Avenue North
Nashville, TN 37243-0493
Victor S. Johnson, III
District Attorney General
John C. Zimmerman
Assistant District Attorney General
222 Second Avenue North
Suite 500
Nashville, TN 37201-1649
Judge: GLENN
First Paragraph:
The petitioner, Shawn D. Lesley, was convicted of second degree murder
by a Davidson County jury in the death of fifteen-month-old Laura
Waters. On February 29, 1996, he was sentenced by the trial court to
a term of twenty years in prison as a Range I standard offender. The
defendant's motion for a new trial was denied on October 4, 1996, and
he appealed to this court. His conviction and sentence were affirmed
on April 20, 1999.
http://www.tba.org/tba_files/TCCA/lesleysd.wpd
STATE OF TENNESSEE
VS.
LA SOUTHAPHANH
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Gerald L. Melton Paul G. Summers
Public Defender Attorney General and Reporter
Russell N. (Rusty) Perkins Marvin E. Clements, Jr.
Asst. Public Defender Assistant Attorney General
201 West Main Street, Suite 101 Criminal Justice Division
Murfreesboro, TN 37130 425 Fifth Avenue North
2d Floor, Cordell Hull Building
Nashville, TN 37243-0493
William Whitesell
District Attorney General
John W. Price
Assistant District Attorney General
Rutherford County Judicial Building
Murfreesboro, TN 37130
Judge: HAYES
First Paragraph:
The appellant, La Southaphanh, appeals his jury convictions for
aggravated burglary and theft over $1,000. The trial court imposed,
as a Range II offender, a nine year sentence for aggravated burglary
and a concurrent seven year sentence for theft. On appeal, the
appellant's sole challenge is the sufficiency of the convicting
evidence.
Following review, we affirm.
http://www.tba.org/tba_files/TCCA/SouthaphanhLa.wpd
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