March 27, 2000
Volume 6 -- Number 047

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):
 
01 New Opinion(s) from the Tennessee Supreme Court
00 New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel
01 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

AMERICAN JUSTICE INSURANCE RECIPROCAL
VS.
TIM HUTCHISON, BEN HARKINS, CHARLES SPANGLER, KNOX
COUNTY, TENNESSEE and SHERIFF TIM HUTCHISON, in his official
capacity

Court:TSC

Attorneys: 

For Plaintiff-Appellant:                For Defendants-Appellees:

Paul Campbell, III                  Robert L. Crossley
Witt, Gaither & Whitaker, P.C.      The Crossley Law Firm, P.C.
Chattanooga, Tennessee              Knoxville, Tennessee 

Reggie E. Keaton                    John E. Owings
Franz, McConnell & Seymour          Chief Deputy Law Director
Knoxville, Tennessee                Knox County, Tennessee

                                    Mary Ann Stackhouse
For Amicus Curiae:                  Deputy Law Director
                                    Knox County, Tennessee
National Association of Independent Insurers
G. Brian Jackson
Amanda Haynes Young
David L. Johnson
Miller, Martin & Trabue
Nashville, Tennesee                         

Judge: DROWOTA

First Paragraph:

Pursuant to Rule 23 of the Rules of the Supreme Court of Tennessee,
this Court has accepted two questions certified to us by the United
States District Court for the Eastern District of Tennessee.  The
questions are as follows:

1.  Whether the Sheriff of Knox County and employees of the Knox
County Sheriff's Department were volunteers of the Scott County
Sheriff's Department when they received no compensation from Scott
County but received their regular salary from Knox County.

2.  Whether a standard liability policy is automatically forfeited
when the insured fails to comply with the policy's notice provision,
regardless of whether the insurer has been prejudiced by the delay.

http://www.tba.org/tba_files/TSC/AmJusRec.wpd



SUPREME COURT OF TENNESSEE STATE LIST FOR PERMISSION TO APPEAL Court:TSC - Rules http://www.tba.org/tba_files/TSC_Rules/CERTLIST_0327.wpd
ROBERT McPHERSON VS. STATE OF TENNESSEE ORDER Court:TCCA Judge: RILEY First Paragraph: Appellant, ROBERT McPHERSON, JR., appeals the denial of his petition for post-conviction relief. Pursuant to a negotiated plea agreement, petitioner pled guilty on June 23, 1998, to two counts of robbery, a Class C felony, and one count of especially aggravated robbery, a Class A felony. He received Range III sentences of fifteen years for the robberies, and a Range I sentence of fifteen years for the especially aggravated robbery to be served at 100% pursuant to Tenn. Code Ann. S 40-35-501. All sentences were ordered to run concurrently. http://www.tba.org/tba_files/TCCA/McPhersonrob.wpd
STATE OF TENNESSEE VS. JOHN RUFF ORDER Court:TCCA Judge: HAYES First Paragraph: The state has moved this Court to affirm the judgment of the trial court by order pursuant to Rule 20, Rules of the Court of Criminal Appeals. On May 12, 1998, the appellant was found guilty of criminal contempt of court and was sentenced to two days in jail. The appellant did not timely file a notice of appeal from this judgment. Thereafter, on or about January 21, 1999, the appellant orally moved the trial court to dismiss his conviction for contempt. Apparently, the initial charge for which the appellant was in court was dismissed, and the appellant claimed that the contempt judgment should be dismissed as well since the underlying reason for the appellant appearing in court was no longer present. The trial court denied the request. On January 26, 1999, the appellant filed a motion for reconsideration. The appellant requested the trial court to reconsider its ruling on the appellant's motion to dismiss. On May 11, 1999, the trial court denied appellant's written motion for reconsideration. The appellant filed notice of appeal on June 7, 1999. http://www.tba.org/tba_files/TCCA/RUFFJohn.wpd

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