August 7, 2000
Volume 6 -- Number 123

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
05 New Opinion(s) from the Tennessee Court of Criminal Appeals
00 New Opinion(s) from the Tennessee Attorney General (PDF format)
01 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

DOROTHY TAYLOR v. SENIOR CITIZENS SERVICES, INC., et al.

Court:TSC - Workers Comp Panel

Attorneys:

Albert G. McLean, Memphis, Tennessee, for the appellant, Dorothy
Taylor .

Wm. B. Walk, Jr., Memphis, Tennessee, for the appellees, Senior
Citizens Services, Inc. d/b/a Senior Services, and Hartford Insurance
Co.                          

Judge: WEATHERFORD

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 hearing and
reporting to the Supreme Court of findings of fact and conclusions of
law.  The plaintiff, Dorothy Taylor, appeals the judgment of the
Circuit Court of Tennessee for the 30th Judicial District at Memphis,
where the trial court found:  (1) that  Ms. Taylor failed to give
proper notice to her employer regarding her carpal tunnel injury, (2)
that if the trial court had found the carpal tunnel injury to be
compensable, it would have awarded Ms. Taylor a 10% permanent
impairment to each extremity and temporary total disability benefits
up to May 7, 1997, (3) that Ms. Taylor had a 10% permanent impairment
to the body as a whole as a result of a back injury and awarded a
judgment in the amount of $6,043.20, (4) that Ms. Taylor was entitled
to open medical benefits for life as they related to the specific back
injury she suffered on January 31, 1994, (5) that the defendants were
not required to pay for unauthorized medical bills for treatment of
Ms. Taylor's back or (6) for the evidentiary deposition of John
Howser, M.D.  For the reasons stated in this opinion, we affirm the
judgment of the trial court.

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


SUPREME COURT OF TENNESSEE STATE LIST FOR PERMISSION TO APPEAL Court:TSC - Rules http://www.tba.org/tba_files/TSC_Rules/CERTLIST_0807.wpd
Rules of Practice and Procedure of the Tennessee Court of the Judiciary ORDER Court:TSC - Rules Judge: DANIEL First Paragraph: It appears to the Court that certain changes in the Rules of Practice and Procedure of this Court are necessary. IT IS THEREFORE ORDERED, ADJUDGED and DECREED by the Court that the Rules of the Court are modified as follows: Rule 5, Section 2 as it presently exists is deleted and the following provision is substituted therefor. http://www.tba.org/tba_files/TSC_Rules/Coj2_rul.wpd
STATE OF TENNESSEE v. RICKY RAYMOND BRYAN Court:TCCA Attorneys: Guy Dotson, Jr., Murfreesboro, Tennessee, for the appellant, Ricky Raymond Bryan. Paul G. Summers, Attorney General and Reporter, Todd R. Kelley, Assistant District Attorney, and William C. Whitesell, District Attorney General, for the appellee, State of Tennessee. Judge: WILLIAMS First Paragraph: The defendant, facing a third trial for first degree murder, has filed this interlocutory appeal. The defendant alleges that the trial court erred in disqualifying his counsel because of an appearance of impropriety. We affirm. http://www.tba.org/tba_files/TCCA/BryanRR.wpd
STATE OF TENNESSEE v. SHERMAN DUNLAP WITH CONCURRING OPINION Court:TCCA Attorneys: John E. Herbison, Nashville, Tennessee, and Charles S. Ramsey, Jr., Manchester, Tennessee, for the appellant, Sherman Dunlap. Paul G. Summers, Attorney General and Reporter, David H. Findley, Assistant Attorney General, C. Michael Layne, District Attorney General, and Kenneth J. Shelton, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: OGLE First Paragraph: Sherman Dunlap appeals his sentence after pleading guilty in the Coffee County Circuit Court to facilitation of theft over $10,000, a class D felony. The trial court sentenced the appellant, as a Range II multiple offender, to four years incarceration in the Tennessee Department of Correction, requiring the appellant to serve one year of his sentence in continuous confinement. On appeal, the appellant presents the following issue for review: whether the trial court erred in denying him full probation or, in the alternative, in denying him an opportunity to serve his sentence in periodic confinement. 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/DunlapS_opn.wpd CONCURRING OPINION http://www.tba.org/tba_files/TCCA/DunlapS_con.wpd
STATE OF TENNESSEE v. KIMBERLY M. LARSON Court:TCCA Attorneys: V. Michael Fox, Nashville, Tennessee, for the appellant, Kimberly M. Larson. Paul G. Summers, Attorney General and Reporter; Jennifer L. Bledsoe, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; and Edward S. Ryan, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: GLENN First Paragraph: This appeal arises from a guilty verdict returned against the defendant for DUI per se for which she received a sentence of eleven months and twenty-nine days, with all but ten days suspended, a $350 fine, court-ordered rehabilitation, and suspension of driving privileges for one year. On appeal, the defendant challenges the admittance of her breathalyzer test results at trial and alleges that her sentence was excessive. After a review of the record, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/larsonkm.wpd
STATE OF TENNESSEE v. DAVID LEE and TREVA LEE Court:TCCA Attorneys: Theodora A. Pappas (on appeal) and Dale M. Quillen (at trial), Nashville, Tennessee, for the appellants, David Lee and Treva Lee. Paul G. Summers, Attorney General and Reporter; Jennifer L. Bledsoe, Assistant Attorney General; Dan Mitchum Alsobrooks, District Attorney General; and Robert S. Wilson, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: GLENN First Paragraph: In this appeal, defendants challenge the sufficiency of the convicting evidence. The defendants were convicted by a Dickson County jury of criminal trespass and fined $50. Upon a review of the record, we find the evidence is sufficient to sustain the convictions. Thus, the judgment of the trial court is affirmed. http://www.tba.org/tba_files/TCCA/leed.wpd
STATE v. KENNETH D. MELTON Court:TCCA Attorneys: Charles Galbreath, Nashville, Tennessee, for the appellant, Kenneth D. Melton. Paul G. Summers, Attorney General and Reporter, Todd R. Kelley, Assistant Attorney General, and Thomas Dean, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: OGLE First Paragraph: The appellant, Kenneth D. Melton, was convicted by a jury in the Sumner County Criminal Court of disorderly conduct, a class C misdemeanor. The trial court imposed a sentence of thirty days incarceration in the Sumner County Jail. The court then suspended all but five days of the appellant's sentence, placing the appellant on unsupervised probation for the remainder. On appeal, the appellant presents the following issues: (1) whether the indictment provided adequate notice to the appellant of the charged offense; and (2) whether the evidence adduced at trial supports his conviction of disorderly conduct. 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/meltonk.wpd

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