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):
 
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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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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