May 4, 2000
Volume 6 -- Number 066

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
01 New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel
00 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
02 New Opinion(s) from the Tennessee Court of Appeals
04 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

SHIRLEY CLARK
VS.
HUMBOLDT HEALTHCARE, INC., d/b/a PARKVIEW NURSING AND REHABILITATION
CENTER

Court:TSC - Workers Comp Panel

Attorneys:    

For the Appellee:                For the Appellant:

Mitchell G. Tollison             Carol Mills-Hayden
HAWKS & TOLLISON                 McDONALD KUHN
P.O. Box 630                     P.O. Box 3160
Humboldt, TN 38343               Memphis, TN 38173-0160                      

Judge:  STAFFORD

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) for hearing and reporting to the
Supreme Court of findings of fact and conclusions of law.

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



TOWN OF HUNTSVILLE, TENNESSEE a Municipal Corporation of the State of Tennessee and STANLODGE, LLC VS. WILLIAM I. DUNCAN, RICHARD SMITH, LUKE COFFEY, JAMES R. POTTER, all in their official capacity as members of the Scott County Election Commission WILMA JEFFERS, HOWARD JEFFERS, FRED K. PHILLIPS, ALMA KOGER and GERALD FOSTER, all individually; THE TOWN OF HELENWOOD; and PAUL G. SUMMERS in his official capacity as Attorney General of the State of Tennessee, pursuant to Tennessee Code Annotated S 29-14-107 Court:TCA Attorneys: For Appellants For Appellees Wilma Jeffers, et al., Individually, and ANDREW R. TILLMAN Town of Helenwood Paine, Tarwater, Bickers & Tillman DAVID E. RODGERS Knoxville, Tennessee Kramer, Rayson, Leake, Rodgers & Morgan Oak Ridge, Tennessee For Appellees Scott County Election Commission and Attorney General & Reporter PAUL G. SUMMERS Attorney General and Reporter Nashville, Tennessee MICHAEL E. MOORE Solicitor General Nashville, Tennessee STEVEN A. HART Special Counsel Nashville, Tennessee ANN LOUISE VIX Senior Counsel Nashville, Tennessee Judge: SUSANO First Paragraph: This litigation originated when the Town of Huntsville ("Huntsville") and Stanlodge, LLC ("Stanlodge"), filed suit challenging the constitutionality of Chapter 1101 of the Public Acts of 1998. The plaintiffs specifically contest Section 9(f)(3) of Chapter 1101, which permits certain territories to hold incorporation elections even though these territories do not satisfy the minimum requirements for such elections as set forth in the general law. See T.C.A. S 6-1-201 (1998). On cross motions for summary judgment, the trial court granted summary judgment to the defendants, finding that Section 9(f)(3) is constitutional. http://www.tba.org/tba_files/TCA/huntsville.wpd
VENESSA LYNN TOTTY VS. MICHAEL ALAN TOTTY WITH CONCURRING OPINION Court:TCA Attorneys: Vickie Hardy Jones, Memphis, for Appellant, Michael Alan Totty Carol Smith Katz, KATZ MALLORY & MILLER, Memphis, for Appellee, Venessa Lynn Totty Judge: HIGHERS First Paragraph: This appeal involves a dispute regarding a final decree of divorce entered in the Shelby County Circuit Court. The Husband appeals the trial court's order claiming error in several aspects of the decision, including the determination as to his alimony obligation. http://www.tba.org/tba_files/TCA/tottyvl.wpd CONCURRING OPINION http://www.tba.org/tba_files/TCA/tottyvlC_con.wpd
FRANCES BLAYLOCK VS. STATE OF TENNESSEE Court:TCCA Attorneys: Julie A. Rice, Knoxville, Tennessee, for the appellant, Frances Blaylock. Paul G. Summers, Attorney General and Reporter; Mark A. Fulks, Assistant Attorney General; Jerry N. Estes, District Attorney General; William W. Reedy, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: OGLE First Paragraph: In this appeal, the petitioner, Frances Blaylock, challenges the dismissal of her petition for post- conviction relief by the McMinn County Criminal Court. Specifically, the petitioner challenges the post-conviction court's conclusion that her trial counsel rendered effective assistance in presenting her defense to charges of conspiracy to commit first degree murder and first degree murder. The petitioner was convicted of both offenses and sentenced to life imprisonment. On direct appeal, this court affirmed the petitioner's convictions and sentences. State v. Blaylock, No. 152, 1988 WL 99958 (Tenn. Crim. App. at Knoxville, September 30, 1988), perm. to appeal denied, (Tenn. 1988). Following a review of the record and the parties' briefs, we affirm the judgment of the post- conviction court. http://www.tba.org/tba_files/TCCA/blaylockf.wpd
STATE OF TENNESSEE VS. JAMES CHAPMAN Court:TCCA Attorneys: Hank Hill, Chattanooga, Tennessee, for the appellant, James Chapman. Paul G. Summers, Attorney General and Reporter, Mark E. Davidson, Assistant Attorney General, William H. Cox, III, District Attorney General, Dean C. Ferraro, Assistant District Attorney General, and C. Leland Davis, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WOODALL First Paragraph: Defendant and the State entered into a memorandum of understanding that purported to place Defendant on pretrial diversion. The trial court subsequently ordered Defendant to pay restitution as a condition of pretrial diversion. Defendant contends that the trial court erred when it ordered him to pay restitution. The appeal is dismissed. http://www.tba.org/tba_files/TCCA/chapmanj.wpd
STATE OF TENNESSEE VS. LUTHER RAY DOTSON, JR. WITH CONCURRING OPINION Court:TCCA Attorneys: R. Jeffery Harmon, Jasper, Tennessee, for the appellant, Luther Ray Dotson, Jr. Paul G. Summers, Attorney General of Tennessee; Patricia C. Kusmann, Assistant Attorney General; and James Michael Taylor, District Attorney General, for the appellee, State of Tennessee. Judge: TIPTON First Paragraph: The defendant, Luther Ray Dotson, appeals from his conviction by a jury for first degree murder. He contends that the evidence is insufficient, that the trial court erred by refusing to grant an ex parte hearing on his motion for an expert, that the trial court erred by limiting the testimony of his expert on suicide, and that the trial court's jury instruction on circumstantial evidence was improper. We hold that the evidence is sufficient; that although the trial court erred by not granting the defendant an ex parte hearing and by limiting his expert's testimony, the errors were harmless; and that the trial court's jury instruction was proper. We affirm the judgment of conviction. http://www.tba.org/tba_files/TCCA/Dotsonlr.wpd CONCURRING OPINION http://www.tba.org/tba_files/TCCA/Dotsonlr_con.wpd
STATE OF TENNESSEE VS. MICHAEL ANDERSON PEEK, alias BIG COUNTRY, alias MICHAEL PEAK, alias MICHAEL ANDERSON PEAK Court:TCCA Attorneys: John Allen Brooks, Chattanooga, Tennessee, for the appellant, Michael Anderson Peek. Paul G. Summers, Attorney General and Reporter, Elizabeth B. Marney, Assistant Attorney General, William H. Cox, III, District Attorney General, Charles Leland Davis, Assistant District Attorney General, and Caldwell H. Huckaby, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: GLENN First Paragraph: The defendant was convicted of fourteen felonies, consisting of various rape, robbery, and burglary charges arising from complaints of five victims. He received an effective sentence of ninety-nine years. Appealing these convictions, he alleged, inter alia, that the trial court should have severed the offenses, rather than allowing all five to be tried in a single trial; that blood, saliva, and hair samples should have been suppressed; that he should not have been shackled during the trial, and that his sentence was improper. Of these assignments, we find error in the trial court's allowing the complaints of all five victims to be tried in a single trial, and in the court's not following the required procedures before shackling the defendant during the trial. The errors were harmless and, accordingly, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/peekma.wpd

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