July 26, 2000 Volume 6 -- Number 116 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 03 New Opinion(s) from the Tennessee Court of Appeals 03 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 BOBBY RAY CARPER v. RAMER WOOD PRODUCTS Court:TSC - Workers Comp Panel Attorneys: Carol A. M. Hayden, Memphis, Tennessee, for the appellant, Ramer Wood Products Christopher L. Taylor, Memphis, Tennessee, for the appellee, Bobby Ray Carper Judge: MALOAN 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 S50-6-225(e) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The defendant, Ramer Wood Products (Ramer), appeals the judgment of the McNairy Chancery Court awarding permanent partial disability of thirty percent (30%) to the right arm and twenty-five percent (25%) to the left arm. For the reasons stated in this opinion, we affirm the judgment of the trial court as modified to a single award of twenty-seven and one-half percent (27-1/2%) permanent partial disability to both arms. http://www.tba.org/tba_files/TSC_WCP/carperbr.wpd SUPREME COURT OF TENNESSEE STATE LIST FOR PERMISSION TO APPEAL Court:TSC - Rules http://www.tba.org/tba_files/TSC_Rules/CERTLIST_0724.wpd JAMES WILLIAM BROOKS, III, v. SHIRLEY MARTHA (BROOKS) ZAPF. Court:TCA Attorneys: William H. Horton, Chattanooga, for Appellant. Jennifer H. Lawrence, Chattanooga, for Appellee, Shirley Martha (Brooks) Zapf. Judge: FRANKS First Paragraph: The parties were divorced in 1991, and the husband was ordered to pay the wife alimony of $12,000.00 per year. Husband brought this action to terminate alimony, on the grounds that the wife subsequently received a substantial inheritance and no longer needed support. The Trial Judge terminated the alimony award, and the wife has appealed. We affirm. http://www.tba.org/tba_files/TCA/brooksj.wpd WILLARD HAWK, JR., et al. v. CHATTANOOGA ORTHOPAEDIC GROUP, P.C., et al. Court:TCA Attorneys: Anita B. Hardeman and Harry F. Burnette, Chattanooga, Tennessee, for the appellants, Willard Hawk, Jr. and Janice Hawk. John B. Bennett and Daniel M. Stefaniuk, Chattanooga, Tennessee, for the Appellees, Chattanooga Orthopaedic Group, P.C., and David M. O'Neal, M.D. Judge: SUSANO First Paragraph: This is a medical malpractice case. We granted the plaintiffs' Tenn. R. App. P. 9 application for an interlocutory appeal in order to review an order of the trial court dismissing the amendments to the plaintiffs' original complaint and granting the defendants' motion in limine pertaining to evidence of a disabling hand condition of the defendant surgeon, Dr. David M. O'Neal. We reverse. http://www.tba.org/tba_files/TCA/HawkWH.wpd KNOXVILLE'S COMMUNITY DEVELOPMENT CORPORATION, v. WOODFAM INVESTMENTS, L.P., Court:TCA Attorneys: G. Wendell Thomas Jr., Knoxville, for Plaintiff-Appellant, Knoxville Community Development Corporation. James S. Tipton, Jr., and Thomas S. Scott, Jr., Knoxville, for Defendant-Appellee, Woodfam Investments, L.P.. Judge: FRANKS First Paragraph: Plaintiff sued to reform or void release of deed restrictions on property owned by defendant. The Trial Court ruled plaintiff failed to establish a basis for relief by clear and convincing evidence. We affirm. http://www.tba.org/tba_files/TCA/kcdcorp.wpd STATE OF TENNESSEE v. SUSAN BLACKBURN Court:TCCA Attorneys: Lee Ofman, Franklin, Tennessee, for the appellant, Susan Blackburn. Paul G. Summers, Attorney General and Reporter, Kathy Morante, Assistant Attorney General, Ron Davis, District Attorney General, Lee Dryer, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WELLES First Paragraph: The Defendant, Susan Blackburn, was charged with driving under the influence of an intoxicant and driving with a blood alcohol content of .10 percent or more. She was subsequently tried by jury in Williamson County and found guilty of third-offense driving under the influence. In this appeal as of right, the Defendant argues that the trial court erred by overruling her motion for mistrial based on prosecutorial misconduct, by improperly instructing the jury concerning the Defendant's level of blood alcohol concentration, by allowing the prosecutor to make improper remarks during closing arguments, and by improperly denying the Defendant's motion to suppress the results of her blood tests. http://www.tba.org/tba_files/TCCA/blackburns.wpd STATE OF TENNESSEE v. MORGAN LEWIS RAY Court:TCCA Attorneys: John E. Herbison, Nashville, Tennessee, Andrew Jackson Dearing, III, Shelbyville, Tennessee, for the appellant, Morgan Lewis Ray. Paul G. Summers, Attorney General and Reporter, Elizabeth T. Ryan, Assistant Attorney General, Robert Crigler, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: OGLE First Paragraph: Morgan Lewis Ray appeals his conviction by a jury in the Bedford County Circuit Court of one count of driving under the influence, fifth offense, a class A misdemeanor, and one count of driving on a revoked license, second or subsequent offense, a class A misdemeanor. The trial court imposed a sentence of eleven months and twenty-nine days incarceration in the Bedford County Jail for driving under the influence, requiring service of one hundred percent of the sentence. The trial court also imposed a sentence of eleven months and twenty-nine days incarceration for driving on a revoked license, requiring service of seventy-five percent of the sentence. On appeal, the appellant presents the following issue for review: whether the evidence produced at trial was sufficient to support both convictions. Following a review of the record and parties' briefs, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/RayMorganL.wpd STATE OF TENNESSEE v. MARILYN SKAGGS Court:TCCA Attorneys: Randy Hillhouse for the Defendant, Marilyn Skaggs. Paul G. Summers, Attorney General and Reporter, and Lucian D. Geise, Assistant Attorney General for the appellee, State of Tennessee. Judge: WEDEMEYER First Paragraph: The Defendant pleaded guilty to one count of aggravated burglary, one count of theft, and three counts of forgery. The Defendant was sentenced to serve sixty days in jail followed by six years of supervised probation. Subsequently, the Defendant's probation officer alleged that the Defendant violated the terms of her probation for numerous reasons. Following a hearing, the Defendant's probation was revoked. The Defendant now argues the following: (1) that the trial court erred in admitting as an exhibit a computer printout of summary notes, (2) that the trial court erred in admitting as an exhibit a faxed copy of an affidavit in lieu of the actual affidavit, and (3) that the court erred in revoking the Defendant's probation. After a review of the record and applicable law, we find no merit to the Defendant's contentions and thus affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/SkaggsMarilyn.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! 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