May 2, 2000 Volume 6 -- Number 065 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):   02 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 01 New Opinion(s) from the Tennessee Court of Appeals 02 New Opinion(s) from the Tennessee Court of Criminal Appeals 04 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 ROBERT L. BROWN v. BOARD OF PROFESSIONAL RESPONSIBILITY OF THE SUPREME COURT OF TENNESSEE Court:TSC Attorneys: Shelby R. Grubbs, Chattanooga, Tennessee, and William P. Eiselstein, Chattanooga, Tennessee, for the petitioner/appellant, Robert L. Brown. Laura L. Chastain, Nashville, Tennessee, for the defendant/appellee, Board of Professional Responsibility of the Supreme Court of Tennessee. Judge: BIRCH First Paragraph: This appeal arises from the refusal of the Board of Professional Responsibility to reduce the costs it assessed against an attorney pursuant to formal disciplinary proceedings. After having been assessed costs under Rule 9, S 24.3, Rules of the Supreme Court, Robert L. Brown, the respondent attorney, tendered the full amount of the assessed costs together with a petition for their reduction to the Board of Professional Responsibility. The Board denied the petition. Brown then filed a petition for the writ of certiorari in the chancery court to review the decision of the Board. Finding that it lacked jurisdiction, the chancery court dismissed Brown's petition. Brown then appealed to the Court of Appeals. The Court of Appeals transferred the cause to this Court under Rule 17, Rules of Appellate Procedure. We accepted transfer to determine whether the Board's denial of relief from costs is reviewable, and if so, by whom. We hold that the Supreme Court has the inherent and exclusive jurisdiction to review judgments of the Board. Here, however, because the Board has failed to provide a reviewable record, we must vacate the Board's order denying Brown relief from the assessed costs. The cause is remanded to the Board for proceedings consistent with the amendment to Rule 9, S 24.3, Rules of the Supreme Court, amended April 28, 2000, and attached as an appendix to this opinion. http://www.tba.org/tba_files/TSC/brownropn.wpd STATE OF TENNESSEE v. ROY D. NELSON Court:TSC Attorneys: Donald E. Spurrell, Johnson City, Tennessee, for the appellant, Roy D. Nelson. Paul G. Summers, Attorney General and Reporter, Michael E. Moore, Solicitor General, and Gordon W. Smith, Associate Solicitor General, Nashville, Tennessee, for the appellee, State of Tennessee. Judge: BARKER First Paragraph: This is an appeal from the Criminal Court for Washington County which convicted the defendant of aggravated arson. The defendant appealed and argued that the aggravated arson statute applies only when an individual other than the arsonist sustains serious bodily injuries. Accordingly, because he was the individual who sustained serious bodily injuries, the defendant contended that the aggravated arson statute was inapplicable. The Court of Criminal Appeals affirmed the judgment of the trial court, and we granted the defendant's application for permission to appeal. We hold that where a defendant sustains serious bodily injuries as the result of an arson he or she committed, that defendant may be convicted of aggravated arson pursuant to Tennessee Code Annotated section 39- 14-302(a)(2) (1997). Accordingly, we affirm the judgments of the trial court and the Court of Criminal Appeals. http://www.tba.org/tba_files/TSC/NelsonRD.wpd RICHARD W. BECKWITH-ADAMS v. STATE OF TENNESSEE Court:TSC - Workers Comp Panel Judge: PER CURIAM First Paragraph: This case is before the Court upon 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 Memorandum Opinion of the Panel should be accepted and approved; and ... http://www.tba.org/tba_files/TSC_WCP/beckwitha.wpd ANITA CHAPMAN v. E-Z SERVE PETROLEUM MARKETING COMPANY d/b/a E-Z SERVE, INC., et al. Court:TSC - Workers Comp Panel Judge: PER CURIAM First Paragraph: This case is before the Court upon 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 Memorandum Opinion of the Panel should be accepted and approved; and ... http://www.tba.org/tba_files/TSC_WCP/chapmana.wpd DAUGHTERS OF CHARITY, d/b/a SAINT THOMAS HOSPITAL v. BRENDA BOYD Court:TSC - Workers Comp Panel Judge: PER CURIAM First Paragraph: This case is before the Court upon 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 Memorandum Opinion of the Panel should be accepted and approved; and ... http://www.tba.org/tba_files/TSC_WCP/daughters.wpd SONNY N. GILLIAM, deceased by next friend, wife and personal representative, RUTH M. GILLIAM and RUTH GILLIAM, individually VS. LORIANN CALCOTT and, GARRY CALCOTT and JERRY W. GILLIAM, SHEILA ANN CAWOOD, ROGER DALE GILLIAM, SALLY ANN HARRELL, and GLEN ALLEN GILLIAM Court:TCA Attorneys: John S.Bingham, Kingsport, Tennessee, for Intervenors/Appellants. William K. Rogers, Kingsport, Tennessee, for Plaintiff/Appellee. Judge: GODDARD First Paragraph: Sonny N. Gilliam was killed in a traffic accident. He was survived by his widow, Ruth M. Gilliam - with whom he had no children - and by five adult children of his first marriage. http://www.tba.org/tba_files/TCA/gilliamson.wpd STATE OF TENNESSEE v. HARVEY HOLT Court:TCCA Attorneys: Paul G. Summers, Attorney General and Reporter; Patricia C. Kussmann, Assistant Attorney General; and Al C. Schmutzer, Jr., District Attorney General, for the appellant, State of Tennessee. Tim S. Moore, Newport, Tennessee, for the appellee, Harvey Holt. Judge: TIPTON First Paragraph: The state appeals from the trial court's order releasing the defendant from confinement for his second degree murder conviction and resulting twenty-year sentence and ordering the defendant to serve the remainder of his sentence on probation. We hold that having been convicted of a violent felony and receiving a twenty-year sentence, the defendant is not eligible for release with probation. The judgment of trial court is reversed. http://www.tba.org/tba_files/TCCA/Holth.wpd STATE OF TENNESSEE V. LARRY KEITH HUDDLE Court:TCCA Attorneys: Thomas McKinney, Jr., Kingsport, Tennessee, for the appellant, Larry Keith Huddle. Paul G. Summers, Attorney General & Reporter; Patricia C. Kussmann, Assistant Attorney General; H. Greeley Wells, Jr., District Attorney General; and Robert H. Montgomery, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: TIPTON First Paragraph: The defendant, Larry Keith Huddle, appeals from the trial court's order revoking his community corrections sentence. He received an effective eight-year sentence for aggravated sexual battery and four counts of passing a worthless check. He argues that the revocation, based upon his use of alcohol and unauthorized transportation from work, is unsupported by the evidence. We hold that the evidence supports the trial court's finding that the defendant used alcohol and violated the conditions of his behavior contract by having an unauthorized friend drive him home from work. http://www.tba.org/tba_files/TCCA/Huddlelk.wpd Obstructions on the right-of-way. Date: April 17, 2000 Opinion Number: Opinion No. 00-072 http://www.tba.org/tba_files/AG/OP72.pdf Municipal Courts Date: April 17, 2000 Opinion Number: Opinion No. 00-073 http://www.tba.org/tba_files/AG/OP73.pdf Guilty plea to adult driving while impaired by a person between the ages of 18 and 21. Date: April 17, 2000 Opinion Number: Opinion No. 00-074 http://www.tba.org/tba_files/AG/OP74.pdf Prior service credits for assistant public defenders Date: April 17, 2000 Opinion Number: Opinion No. 00-075 http://www.tba.org/tba_files/AG/OP75.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. TBA members may join TBALink for just $50 per year. To join, go to: http://www.tba.org/join.html/ SUBSCRIBE TO OPINION FLASH! Would you like to receive the TBALink Opinion Flash free each day by e-mail? 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