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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