July 11, 2000
Volume 6 -- Number 109

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
01 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
00 New Opinion(s) from the Tennessee Court of Appeals
03 New Opinion(s) from the Tennessee Court of Criminal Appeals
02 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

GLENDA FAYE TOLLIVER v. NATIONAL HEALTH CARE CORPORATION
Court:TSC - Workers Comp Panel

Attorneys:

Robert W. Knolton, Oak Ridge, Tennessee, for the appellant, National
Health Care Corporation.

William A. Hotz, Knoxville, Tennessee, for the appellee, Glenda Faye
Tolliver.

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 Tennessee Code Annotated S 50-6-225 (e)(3) for a hearing and
reporting to the Supreme Court of findings of fact and conclusions of
law.  The trial court found that the plaintiff sustained an accidental
injury during her employment with the defendant and that the trial
court awarded the plaintiff a twelve and one-half (12-_) percent 
vocational disability.  After a complete review of the record, briefs
of the parties and applicable law, we affirm.

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


SUPREME COURT OF TENNESSEE STATE LIST FOR PERMISSION TO APPEAL Court:TSC - Rules http://www.tba.org/tba_files/TSC_Rules/CERTLIST_0710.wpd
STATE OF TENNESSEE v. MICHAEL CHRISTOPHER ADAMS AND JERRY HOLT, JR. Court:TCCA Attorneys: Frank L. Slaughter and Frank L. Slaughter, Jr., Bristol, Tennessee, for the appellant, Michael Christopher Adams. Stephen M. Wallace, District Public Defender, Blountville, Tennessee, for the appellant, Jerry Holt, Jr. Paul G. Summers, Attorney General and Reporter; Elizabeth B. Marney, Assistant Attorney General; H. Greeley Wells, Jr., District Attorney General, and Joseph Eugene Perrin, Assistant District Attorney, for the appellee, State of Tennessee. Judge: TIPTON First Paragraph: he defendants, Michael Christopher Adams and Jerry Holt, Jr., appeal their convictions by a Sullivan County jury. Adams was convicted of second degree murder and four counts of aggravated assault. He received a total sentence of forty-nine years. Holt was convicted of four counts of aggravated assault and received a total sentence of twenty years. Both defendants challenge the sufficiency of the evidence and the trial court's imposition of consecutive sentencing. Adams also challenges the trial court's application of enhancement factors and failure to apply mitigating factors. We hold that the evidence is sufficient, but we hold that the trial court erred in sentencing. Adams's sentence is modified to reflect a total sentence of forty years, and Holt's sentence is modified to reflect a total sentence of twelve years. http://www.tba.org/tba_files/TCCA/Adamsmc.wpd
STATE OF TENNESSEE v. JEFFREY WAYNE ADKISSON Court:TCCA Attorneys: James W. Brooks, Jr., Wartburg, Tennessee, for the appellant, Jeffrey Wayne Adkisson. Paul G. Summers, Attorney General & Reporter, Elizabeth B. Marney, Assistant Attorney General, J. Scott McCluen, District Attorney General, and D. Roger Delp and Frank Harvey, Assistant District Attorneys, for the appellee, State of Tennessee. Judge: WILLIAMS First Paragraph: The defendant, convicted of one count of D.U.I., argues that the evidence was insufficient and that a police report submitted as evidence was unfairly redacted. After review, we find no reversible error and therefore affirm the judgment from the trial court. http://www.tba.org/tba_files/TCCA/AdkissonJW.wpd
CHARLES MONTAGUE v. STATE OF TENNESSEE Court:TCCA Attorneys: Charles Montague, Mountain City, Tennessee, Pro Se Paul G. Summers, Attorney General and Reporter, Michael Moore, Solicitor General, Patricia C. Kussmann, Assistant Attorney General, Joe C. Crumley, Jr., District Attorney General, and Steve R. Finney, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: HAYES First Paragraph: Charles Montague appeals the Washington County Criminal Court's summary dismissal of his pro se post-conviction petition challenging his conviction for first degree murder. The appellant's original and supplemental petitions with attached affidavit present a myriad of claims within the trial process. The post-conviction court dismissed all claims without a hearing, finding the original and supplemental petitions were not properly verified and that the petitions failed to assert a sufficient factual basis for relief. After review of the petition, we affirm the post-conviction court's dismissal of certain claims and vacate its dismissal as to others. The case is remanded to the post-conviction court for further review of the surviving claims. http://www.tba.org/tba_files/TCCA/MontagueCha.wpd
Construction Manager / Conflict of Interest Date: July 5, 2000 Opinion Number: 00-117 http://www.tba.org/tba_files/AG/OP117.pdf
Legality of Full-time County Attorney for Cocke County Date: July 5, 2000 Opinion Number: 00-118 http://www.tba.org/tba_files/AG/OP118.pdf

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