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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