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   There are three ways for TBALink members to get the full-text versions of these opinions from the Web: Do a key word search in the Search Link area of TBALink. This option will allow you to view and save a plain-text version of the opinion. Browse the Opinion List area of TBALink. This option will allow you to download the original version of the opinion. 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 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 PLEASE FORWARD THIS E-MAIL! 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