September 5, 2000 Volume 6 -- Number 140 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):   03 New Opinion(s) from the Tennessee Supreme Court 00 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 02 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 ROBERT McALISTER BARNETT, III v. PAULA LYNN BARNETT Court:TSC Attorneys: D. Mitchell Bryant, Cleveland, Tennessee, and Russell Theodore King, Chattanooga, Tennessee, for appellant, Robert McAlister Barnett, III. Glenna M. Ramer and Sandra Jean Bott, Chattanooga, Tennessee, for appellee, Paula Lynn Barnett. Judge: HOLDER First Paragraph: We granted this appeal to determine: 1) whether private school tuition constitutes an extraordinary educational expense under the Tennessee Child Support Guidelines; and 2) whether the noncustodial parent should be required to pay those expenses in addition to child support based upon the percentage of net income of the noncustodial parent. We hold that pursuant to the Tennessee Child Support Guidelines private school tuition is an "extraordinary educational expense." We affirm the decision of the Court of Appeals requiring the total amount of private school tuition to be paid by the obligor- father. We hold, however, that in appropriate cases a court may apportion the amount of tuition between the parties. http://www.tba.org/tba_files/TSC/barnetrm.wpd JANET LYNN HOBBS v. GARRY EARL HOBBS Court:TSC Attorneys: Joseph Eugene Ford, Winchester, Tennessee, for the appellant, Garry Earl Hobbs. Brenda Susan Bramlett, Shelbyville, Tennessee, for the appellee, Janet Lynn Hobbs. Judge: HOLDER First Paragraph: The parties entered into a marital dissolution agreement that provided for a decreased payment of child support during the father's period of unemployment followed by an increased amount of child support to be paid after the resolution of the father's workers' compensation case. The father settled his claim and was awarded $125,000 in a lump sum. Applying Tenn. Code Ann. S 50-6-223, the trial court ruled that "gross income" as defined by the Tennessee Child Support Guidelines did not include the father's lump sum workers' compensation benefit. The Court of Appeals reversed, holding that it would be illogical to exclude lump sum workers' compensation payments from computation of child support when periodic payments may be included. We granted permission to appeal. We hold that lump sum awards of workers' compensation must be used to compute gross income under the Tennessee Child Support Guidelines. http://www.tba.org/tba_files/TSC/hobbsjan.wpd SUZANNE SHERER, et al. v. RAY ALLEN LINGINFELTER, et al. Court:TSC Attorneys: Arthur G. Seymour, Jr. and James E. Wagner, Knoxville, Tennessee, for the appellant, United Services Automobile Association. Jess D. Campbell, Knoxville, Tennessee, for the appellees, Suzanne Sherer and husband, Charles Sherer as parents and natural guardians of Teal Sherer. Judge: HOLDER First Paragraph: We granted this appeal to determine whether an insurer's right of subrogation under Tenn. Code Ann. S 56-7-1204 extends to damages for enhanced injuries received by the insured as the result of another tortfeasor's actions. We conclude that the subrogation right of the insurer is limited to the injuries for which the insurer has made payment. We affirm the Court of Appeals. http://www.tba.org/tba_files/TSC/sherersu.wpd SUPREME COURT OF TENNESSEE STATE LIST FOR PERMISSION TO APPEAL Court:TSC - Rules http://www.tba.org/tba_files/TSC_Rules/CERTLIST_0905.wpd STATE OF TENNESSEE v. THOMAS WAYNE OVERBAY Court:TCCA Attorneys: Stephen M. Wallace, District Public Defender, Blountville, Tennessee, for the appellant, Thomas Wayne Overbay. Paul G. Summers, Attorney General and Reporter; Elizabeth B. Marney, Assistant Attorney General; H. Greeley Wells, Jr., District Attorney General; Barry T. Staubus, Assistant District Attorney General; Teresa K. Murray-Smith, Assistant District Attorney General; and Gregory A. Newman, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WOODALL First Paragraph: Defendant was convicted by a jury of four counts of aggravated sexual battery and ten counts of rape of a child. In this direct appeal Defendant alleges he did not receive a fair trial because (1) the bill of particulars did not sufficiently inform Defendant of the charges, and (2) the prosecution violated Brady v. Maryland when it failed to turn-over potentially exculpatory evidence to Defendant pre- trial. Held: the bill of particulars adequately appraised Defendant of the crimes with which he was charged. Although the prosecution violated Brady when it failed to turn over potentially exculpatory evidence to Defendant pre-trial, the error was harmless. Judgment of the trial court affirmed. http://www.tba.org/tba_files/TCCA/overbaytw.wpd STATE OF TENNESSEE v. JAMES DAVID LAMOR PERRY Court:TCCA Attorneys: B.C. McInturff, Kingsport, Tennessee, for the appellant, James David Lamor Perry. Paul G. Summers, Attorney General and Reporter; Mark E. Davidson, Assistant Attorney General; H. Greeley Wells, Jr., District Attorney General; and Robert H. Montgomery, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WOODALL First Paragraph: Defendant James David Lamor Perry was convicted of two counts of possession of cocaine, more than .5 grams, within 1000 feet of a school, and one count of possession of marijuana. Defendant was fined and sentenced to 20 years on each cocaine possession count and to 6 months on the marijuana count, all sentences to run concurrently. On this direct appeal Defendant now raises numerous challenges to his convictions, including issues regarding the constitutionality and interpretation of the Drug-Free School Zone Act. Defendant also argues that his sentence for the cocaine possession counts is excessive. We find no error and affirm Defendant's convictions and sentences. http://www.tba.org/tba_files/TCCA/perryjdl.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! While Opinion Flash is a free service of the Tennessee Bar Association, you must be a subscriber to TBALink, the premier Web site for Tennessee attorneys, in order to access the full-text of the opinions or enjoy many other features of TBALink. TBA members may join TBALink for just $50 per year. To join, go to: http://www.tba.org/join.html/ SUBSCRIBE TO OPINION FLASH! 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