March 23, 2000
Volume 6 -- Number 045

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
00 New Opinion(s) from the Tennessee Court of Appeals
02 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 BLAKE BRITTON
VS.
LIBERTY MUTUAL INSURANCE CO.

Court:TSC - Workers Comp Panel

Attorneys:  

For the Appellant:          For the Appellee:

J. Lewis Kinnard            James T. Shea
311 Tellico Street          Baker, McReynolds, Byrne, O'Kane, 
Madisonville, TN 37354      Shea & Townsend
                            607 Market Street, 11th Floor
                            P.O. Box 1708
                            Knoxville, TN 37901-1708                            

Judge: BARKER

First Paragraph:

This workers' compensation appeal has been referred to the Special
Workers' Compensation Appeals Panel of the Supreme Court in accordance
with Tennessee Code Annotated 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 finding, 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).

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



KELLIE SHOUN VS. SOUTHEAST INDUSTRIES, INC. Court:TSC - Workers Comp Panel Attorneys: For the Appellant: For the Appellee: T. Kenan Smith Robert D. Arnold Hodges, Doughty & Carson Arnold, Haynes & Sanders 617 W. Main Street P. O. Box 1879 P. O. Box 869 Johnson City, Tenn. 37605 Knoxville, Tenn. 37901-0869 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, Southeast Industries, Inc., has appealed from the action of the trial court in awarding the employee, Kellie Shoun, 50% permanent partial disability to the body as a whole. http://www.tba.org/tba_files/TSC_WCP/shoun.wpd
STANLEY ADAMS VS. STATE OF TENNESSEE Court:TCCA Judge: RILEY First Paragraph: This matter is before the Court on the state's motion, pursuant to Rule 20, Rules of the Court of Criminal Appeals, to affirm the trial court's judgment by order rather than formal opinion. This case represents an appeal from the dismissal of the petitioner's third petition for post-conviction relief. In 1991, the petitioner was convicted of second degree murder and aggravated robbery, and sentenced to 45 years as a Range III offender. The petitioner subsequently filed two petitions for post-conviction relief attacking this conviction. The trial court denied both petitions and this Court affirmed the denials on appeal. See Stanley Adams v. State, Shelby County, No. 02C01-9208-CR-00184 (Tenn. Crim. App., filed February 10, 1993, at Jackson); Stanley Adams v. State, Shelby County, No. 02C01-9505-CR-00142 (Tenn. Crim. App., filed February 18, 1997, at Jackson). http://www.tba.org/tba_files/TCCA/ADAMSS.wpd
STATE OF TENNESSEE VS. ERIC THOMAS Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: ERIC THOMAS, #97006881 PAUL G. SUMMERS Pro Se (On Appeal) Attorney General & Reporter 201 Poplar Memphis, TN 38103 KIM R. HELPER Assistant Attorney General WILLIAM C. GOSNELL 425 Fifth Avenue North (At Trial) Nashville, TN 37243 217 Exchange Memphis, TN 38103 WILLIAM L. GIBBONS District Attorney General AMY P. WEIRICH Assistant District Attorney 201 Poplar Avenue, Third Floor Memphis, TN 38103 Judge: WILLIAMS First Paragraph: The defendant, Eric Thomas, appeals from his conviction of robbery by a Shelby County jury. After conviction, the defendant was sentenced as a Range II offender to eight years and one day in the Department of Correction. Thereafter, the defendant waived his right to representation on his appeal and now proceeds pro se. He contends that the trial court erred in: (1) Denying his pre-trial motion to suppress; and (2) denying certain portions of his pre-trial motion to enforce a verbal plea agreement. These errors, he argues, entitle him to a new trial. After careful review, we disagree and AFFIRM the judgment and sentence from the trial court. http://www.tba.org/tba_files/TCCA/THOMASE.wpd

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