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   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 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 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! 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