June 7 , 2000
Volume 6 -- Number 086

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
00 New Opinion(s) from the Tennessee Court of Appeals
05 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

						
NANCY ELIZABETH TAYLOR
VS.
MT. JULIET HEALTH CARE CENTER, INC.     

Court:TSC - Workers Comp Panel

Attorneys: 

FOR THE APPELLANT:                          FOR THE APPELLEE:
Katherine A. Austin                         Brody N. Kane
210 3rd Ave. No.                            102 East Main Street
P. O. Box 190683                            Lebanon, TN 37087
Nashville, TN 37219-0683                         

Judge: GRAY

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.

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





STATE OF TENNESSEE v. JEFFREY A. BURNS

Court:TCCA

Attorneys:

John H. Henderson, District Public Defender, Vanessa Pettigrew Bryan,
Assistant Public Defender, for the appellant, Jeffrey A. Burns.

Paul G. Summers, Attorney General & Reporter, Jennifer L. Bledsoe,
Assistant Attorney General, Ronald L. Davis, District Attorney
General, Robert Hassell, Assistant District Attorney General, for the
appellee, State of Tennessee.                          

Judge: WITT

First Paragraph:

The defendant appeals from his Class C felony conviction of possession
of a controlled substance in an amount less than .5 grams.  Tenn. Code
Ann. S 39-17-417 (Supp. 1998).  After entering a best interest guilty
plea, the defendant was sentenced to five years in the Department of
Correction as a Range I standard offender and fined $2000.  In this
appeal, the defendant challenges the sentence imposed.  We affirm the
judgment of the trial court.

http://www.tba.org/tba_files/TCCA/BurnsJ.wpd





TATE OF TENNESSEE v. GEORGE GLENN FAULKNER

Court:TCCA

Attorneys:

John Philip Parsons, Cookeville, Tennessee, for the appellant, George
Glenn Faulkner.

Paul G. Summers, Attorney General and Reporter, Lucian D. Geise,
Assistant Attorney General, Ben Fann, Assistant District Attorney
General, for the appellee, State of Tennessee.                         

Judge: OGLE

First Paragraph:

On April 10, 1997, the appellant, George Glenn Faulkner, was convicted
by a jury in the Putnam County Criminal Court of first degree murder
and attempted first degree murder.  For the offense of first degree
murder, the trial court imposed a sentence of life imprisonment in the
Tennessee Department of Correction.  For the offense of attempted
first degree murder, the trial court sentenced the appellant as a
standard, Range I offender to twenty-five years incarceration in the
Department.  Finally, the trial court ordered consecutive service of
the appellant's sentences.  In this appeal as of right, the appellant
presents the following issues for our review:  (1) whether the
evidence adduced at the appellant's trial is sufficient to sustain his
convictions of first degree murder and attempted first degree murder;
(2) whether the trial court erred in refusing to admit at trial
testimony concerning prior statements by the appellant; and (3)
whether the trial court erred in ordering consecutive service of the
appellant's sentences.  Following a review of the record and the
parties' briefs, we affirm the judgment of the trial court.

http://www.tba.org/tba_files/TCCA/faulknergg.wpd





STATE OF TENNESSEE v. SIMON CHUEL MAKUACH

Court:TCCA

Attorneys:

Karl Dean, District Public Defender; Jeffrey A. DeVasher (on appeal),
Laura C. Dykes and Gary C. Tamkin (at trial), Assistant Public
Defenders, for the appellant, Simon Chuel Makuach.

Paul G. Summers, Attorney General and Reporter; Tonya Miner, Assistant
Attorney General; Victor S. Johnson III, District Attorney General;
Derrick L. Scretchen and Jon P. Seaborg, Assistant District Attorneys
General, for the appellee, State of Tennessee.
                         
Judge: RILEY

First Paragraph:

Defendant appeals his sentence imposed after a Davidson County jury
found him guilty of voluntary manslaughter, a Class C felony.  He was
sentenced as a Range I standard offender to five years confinement. 
Defendant challenges (1) the length of his sentence, and (2)  the
denial of his request for alternative sentencing.  Upon our review of
the record, we affirm the judgment of the trial court.

http://www.tba.org/tba_files/TCCA/MakuachS.wpd





MICHAEL S. NEELY v. STATE OF TENNESSEE

Court:TCCA

Attorneys:

Darrell L. Scarlett, Murfreesboro, Tennessee, for the appellant,
Michael S. Neely.

Paul G. Summers, Attorney General and Reporter, Elizabeth T. Ryan,
Assistant Attorney General, and William C. Whitesell, Jr., District
Attorney General, for the appellee, State of Tennessee.                         

Judge: GLENN

First Paragraph:

Michael S. Neely appeals from the Rutherford County Circuit Court's
dismissal of his pro se petition for post-conviction relief. The trial
court dismissed the petition as being barred by the statute of
limitations.  The appellant contends that the petition was timely 
filed by depositing the petition into the correctional facility's
mailbox where he was incarcerated within the one year filing period. 
After review, we find the proof does not preponderate against the
trial court's finding that the petition was untimely filed as it
failed to comply with the filing requirements governing pro se
post-conviction petitions.

http://www.tba.org/tba_files/TCCA/neelyms.wpd





STATE OF TENNESSEE v. MIKEL U. PRIMM

Court:TCCA

Attorneys:

James W. Sowell (on appeal), Dickson, Tennessee, Carey Thompson (at
trial), Charlotte, Tennessee, for the appellant, Mikel U. Primm.

Paul G. Summers, Attorney General & Reporter, Marvin E. Clements, Jr.,
Assistant Attorney General, Dan M. Alsobrooks, District Attorney
General, Suzanne M. Lockert, Assistant District Attorney, for the
appellee, State of Tennessee.                            

Judge: WADE

First Paragraph:

The defendant, Mikel U. Primm, was convicted of sale of cocaine. 
Because the defendant's appeal was untimely filed, the appeal is
dismissed.

http://www.tba.org/tba_files/TCCA/Primm.wpd

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