July 5, 2000 Volume 6 -- Number 105 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):   01 New Opinion(s) from the Tennessee Supreme Court 01 New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel 02 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court 00 New Opinion(s) from the Tennessee Court of Appeals 00 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   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 STATE OF TENNESSEE v. BILLY JOE STOKES Court:TSC Attorneys: Jim Sowell, Dickson, Tennessee, for the appellant, Billy Joe Stokes. Michael E. Moore, Solicitor General; and Elizabeth T. Ryan, Assistant Attorney General; Nashville, Tennessee, for the appellee, State of Tennessee. Judge: BARKER First Paragraph: This is an appeal from the Circuit Court for Humphreys County, which convicted the defendant, Billy Joe Stokes, of two counts of statutory rape as lesser included offenses of rape. The indictment alleged only rape, but the Court of Criminal Appeals affirmed the convictions on the ground that by agreeing to a jury instruction characterizing statutory rape as a lesser included offense of rape, the defendant consented to an amendment of the indictment. The defendant then sought, and this Court granted, permission to appeal on the following issues: (1) whether statutory rape is a lesser included offense of rape; and (2) whether the defendant consented to an amendment of the indictment. We hold that statutory rape is not a lesser included offense of rape under State v. Burns, 6 S.W.3d 453 (Tenn. 1999). http://www.tba.org/tba_files/TSC/Stokes.wpd INGRAM INDUSTRIES, INC. v. CARLESS DYKE KELLER. Court:TSC - Workers Comp Panel Attorneys: Debra L. Fulton and Beverly D. Nelms, Knoxville, Tennessee, for the appellant, Ingram Industries, Inc. P. Richard Talley, Dandridge, Tennessee, for the appellee, Carless Dyke Keller. Judge: LAFFERTY 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 trial court awarded the plaintiff 24 percent vocational disability to the body as a whole. The defendant contends that the preponderance of the evidence does not support the trial court's award. We affirm. http://www.tba.org/tba_files/TSC_WCP/kellercd.wpd SUPREME COURT OF TENNESSEE STATE LIST FOR PERMISSION TO APPEAL Court:TSC - Rules http://www.tba.org/tba_files/TSC_Rules/CERTLIST_0703.wpd IN RE: Amendment to Supreme Court Rule 7, Section 5.01 Court:TSC - Rules First Paragraph: Supreme Court Rule 7, Section 5.01 is amended to add a subsection (f) to address out-of-state bar applicants admitted to their home state pursuant to a diploma privilege. http://www.tba.org/tba_files/TSC_Rules/SCTRule7_rul.wpd 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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