April 12, 2000 Volume 6 -- Number 055 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 03 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 02 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 ANNETTE BURNETT VS. GOODY'S FAMILY CLOTHING, INC. Court:TSC - Workers Comp Panel Attorneys: For the Appellant: For the Appellee: J. Timothy Bobo Richard Baker Wimberly, Lawson & Seale Baker & Oldham P. O. Box 2231 P. O. Box 158 Knoxville, Tenn. 37902 Knoxville, Tenn. 37901-0158 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, Goody's Family Clothing, Inc., has appealed from the action of the trial court in awarding the employee, Annette Burnett, 60% permanent partial disability to the body as a whole. http://www.tba.org/tba_files/TSC_WCP/burnetta.wpd MICHAEL GRANDBERRY v. ILLINOIS TOOL WORKS, et al. Court:TSC - Workers Comp Panel Judge: PER CURIAM First Paragraph: This case is before the Court upon motion for review pursuant to Tenn. Code Ann. S 50-6-225(e)(5)(B), the entire record, including the order of referral to the Special Workers' Compensation Appeals Panel, and the Panel's Memorandum Opinion setting forth its findings of fact and conclusions of law, which are incorporated herein by reference; Whereupon, it appears to the Court that the motion for review is not well taken and should be denied; and ... http://www.tba.org/tba_files/TSC_WCP/grandberry.wpd TENNESSEE ROOFING CORP. and CNA INSURANCE CO. VS. RANDALL LLOYD Court:TSC - Workers Comp Panel Attorneys: For the Appellant: For the Appellee: George R. Garrison Linda J. Hamilton Mowles Webb & Garrison Lewis, King, Kreig, Waldrop & 1415 Middle Creek Road Catron, P.C. Sevierville, Tennessee 37862 P.O. Box 2425 Knoxville, Tennessee 37901 Judge: PEOPLES First Paragraph: This worker's 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. Randall Lloyd appeals an award of 25 percent to the body as a whole as inadequate. We agree and modify the award. http://www.tba.org/tba_files/TSC_WCP/TNRoofvLloyd.wpd STATE OF TENNESSEE v. EVERETT D. ROBINSON Court:TCCA Attorneys: Guy T. Wilkinson, Camden, Tennessee, for the appellant, Everett D. Robinson. Paul G. Summers, Attorney General and Reporter, Tara B. Hinkle, Assistant Attorney General, Robert "Gus" Radford, District Attorney General, for the appellee, State of Tennessee. Judge: WELLES First Paragraph: The Defendant, Everett Dale Robinson, appeals as of right from his conviction pursuant to a jury verdict of fourth offense driving under the influence (DUI). On appeal, he challenges only the sufficiency of the evidence. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/ROBINSO1.wpd STATE OF TENNESSEE v. FRED ARTHUR STIER Court:TCCA Attorneys: Matthew M. Maddox, Huntingdon, Tennessee for the appellant, Fred Arthur Stier. Paul G. Summers, Attorney General and Reporter, Mark E. Davidson, Assistant Attorney General, Robert "Gus" Radford, District Attorney General, for the appellee, State of Tennessee. Judge: WELLES First Paragraph: The Defendant, Fred Arthur Stier, was charged with violation of the "light law"; resisting stop, frisk, halt, arrest, or search; possession with intent to manufacture, deliver, or sell a controlled substance; possession of a controlled substance; and possession of drug paraphernalia. Upon dismissal of the remaining charges, the Defendant pleaded guilty to resisting stop, frisk, halt, arrest, or search and to possession with intent to manufacture, deliver, or sell a controlled substance, reserving a certified question of law pursuant to Tennessee Rule of Criminal Procedure 37(b)(2)(i). The certified question presented to us is whether the trial court erred in overruling the Defendant's motion to suppress the evidence obtained against him as the result of an unlawful stop and frisk. The State concedes on appeal that the trial court erred in overruling the Defendant's motion to suppress. We agree; accordingly, we reverse the Defendant's convictions and dismiss the case. http://www.tba.org/tba_files/TCCA/STIERFA.wpd Authority of the Legislature to Direct Valuation Methods for Low-Income Residential Property under Article II, S 28 and S 29 of the Tennessee Constitution Date: April 5, 2000 Opinion Number: Opinion No. 00-066 http://www.tba.org/tba_files/AG/OP66.pdf Expanding a Utility District Date: April 6, 2000 Opinion Number: Opinion No. 00-067 http://www.tba.org/tba_files/AG/OP67.pdf PLEASE FORWARD THIS E-MAIL! Feel free to forward this Opinion Flash on to anyone you know of with an e-mail address. GET A FULL-TEXT COPY OF AN OPINION! See the intrsuctions at the beginning of this edition of Opinion Flash. JOIN TBALink! While Opinion Flash is a free service of the Tennessee Bar Association, you must be a subscriber to TBALink, the premier Web site for Tennessee attorneys, in order to access the full-text of the opinions or enjoy many other features of TBALink. 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