December 14, 2000 Volume 6 -- Number 203 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 04 New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel 00 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court 00 New Opinion(s) from the Tennessee Court of Appeals 04 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 STATE AUTOMOBILE MUTUAL INSURANCE COMPANY v. NATALIE HURLEY Court:TSC - Workers Comp Panel Attorneys: James E. Conley, Jr., Memphis, Tennessee, for the appellant, State Automobile Mutual Insurance Company. R. Sadler Bailey, Memphis, Tennessee, for the appellee, Natalie A. Hurley. 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 Tenn. Code Ann. S 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The plaintiff, State Automobile Mutual Insurance Company (State Auto), appeals the judgment of the Circuit Court of Shelby County which ordered State Auto to pay to the defendant, Natalie Hurley (Hurley), $28,873.91 being the total of her medical bills. For the reasons stated in the opinion, we find the trial court erred and reverse the judgment of the trial court. http://www.tba.org/tba_files/TSC_WCP/hurleyna.wpd GEORGE T. POTTER v. SCHLEGEL FINISHING, INC., et al. Court:TSC - Workers Comp Panel Attorneys: Edward M. Graves, Jr, Carl Winkles, and Douglas C. Weinstein, Knoxville, Tennessee, for the appellant, George T. Potter. F. R. Evans, Chattanooga, Tennessee, for the appellees BTR Sealing Systems N. America - Tennessee Operations f/k/a Schlegel Tennessee, Inc., and ACE USA (mis-styled "CIGNA" in the caption). Judge: BYERS First Paragraph: This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. S 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The plaintiff appeals from the dismissal of his case by way of summary judgment and also appeals from the order of the trial court awarding the defendant discretionary costs. The defendant raises as an issue the action of the trial court in considering the affidavit of the plaintiff in determining the summary judgment motion. We reverse the judgment of the trial court and remand the case for further proceedings. http://www.tba.org/tba_files/TSC_WCP/potter.wpd GERALD M. REED v. GOODYEAR TIRE AND RUBBER COMPANY, et al. Court:TSC - Workers Comp Panel Attorneys: Randy N. Chism, Union City, Tennessee, for the appellants, Goodyear Tire & Rubber Company, et al. Charles S. Kelly, Jr., for the appellee, Gerald M. Reed. Judge: ELLIS First Paragraph: This case involves injuries sustained to the neck and body as a whole by Gerald Reed on August 8, 1994 while in the employ of Goodyear Tire and Rubber Company. The employee brought suit against the employer and its insurer, The Travelers Insurance Company. The trial court determined that Mr. Reed sustained a compensable work injury and awarded permanent partial disability in the amount of 15% to the body as a whole. The defendant presented one issue on appeal: whether the plaintiff proved by a preponderance of the evidence that his injuries were sustained during the course and scope of his employment. After careful review, we affirm the decision of the trial court. http://www.tba.org/tba_files/TSC_WCP/reedgm.wpd RITA M. RUSSELL v. MODINE MANUFACTURING COMPANY, INC. Court:TSC - Workers Comp Panel Attorneys: Robert W. Knolton, Oak Ridge, Tennessee, for the appellant, Modine Manufacturing Company, Inc. Bruce D. Fox, Clinton, Tennessee, for the appellee, Rita M. Russell. Judge: BYERS First Paragraph: The trial judge found the plaintiff had suffered a compensable injury and that her medical impairment rating was ten percent to the body as a whole. The plaintiff continued to work for the defendant, and the trial court entered a judgment awarding the plaintiff twenty-five percent vocational impairment based on the ten percent medical impairment times two and one-half percent. The defendant argues the evidence preponderates against the finding. http://www.tba.org/tba_files/TSC_WCP/russellrm.wpd STATE OF TENNESSEE v. RANDAL L. CHEEK Court:TCCA Attorneys: Brent Owen Horst, Nashville, Tennessee, for the Appellant, Randal L. Cheek. Paul G. Summers, Attorney General and Reporter, Michael Moore, Solicitor General, David H. Findley, Assistant Attorney General, Ronald L. Davis, District Attorney General, and Jeff Burkes, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: HAYES First Paragraph: This appeal presents review of a certified question of law following the Appellant's guilty pleas to possession of marijuana with intent to sell and possession of drug paraphernalia. Pursuant to his negotiated plea agreement, the court imposed an effective sentence of one and one-half years, suspended after five days confinement followed by two years probation. Also, as part of the plea agreement, the Appellant explicitly reserved, with the consent of the trial court and the State, a certified question of law challenging the court's denial of the Appellant's motion to suppress. On appeal, the State contends that (1) the certified question of law is not contained in the final judgments nor is it incorporated by reference and (2) the question is not clearly stated so as to identify the scope and limits of the legal issue. After review, we find that the question of law presented fails to identify with sufficient clarity the scope and boundaries of the issue reserved. Accordingly, the appeal is hereby dismissed and this case is remanded to the trial court. http://www.tba.org/tba_files/TCCA/cheekrl.wpd STATE OF TENNESSEE v. ARNOLD L. JONES Court:TCCA Attorneys: Cynthia Fort, Nashville, Tennessee, J. Craig Myrick, Nashville, Tennessee, for the appellant, Arnold L. Jones. Paul G. Summers, Attorney General and Reporter, Jennifer L. Bledsoe, Assistant Attorney General, and Derek Smith, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: OGLE First Paragraph: The appellant, Arnold L. Jones, was convicted in the Williamson County Circuit Court, pursuant to a bench trial, of one count of failure to appear in court, a class E felony. Subsequently, a jury in the Williamson County Circuit Court convicted the appellant of one count of introducing drugs into a penal institution, a class C felony, and one count of delivery of over .5 grams of cocaine, a class B felony. The trial court sentenced the appellant, as a Range II offender, to eight years incarceration in the Tennessee Department of Correction for introduction of drugs into a penal institution. The trial court also sentenced the appellant, as a Range II offender, to fifteen years incarceration in the Tennessee Department of Correction for delivery of over .5 grams of cocaine, and assessed a fine of $10,000. The trial court further ordered that these sentences be served concurrently. Additionally, the trial court sentenced the appellant to three years incarceration in the Tennessee Department of Correction for failure to appear in court, and ordered this sentence to be served consecutively to the other sentences for the drug convictions. The appellant raises the following issues for our review: (1) whether the evidence presented at trial was sufficient to support a finding by a rational trier of fact that the appellant is guilty beyond a reasonable doubt; and (2) whether the trial court erred in imposing excessive sentences. Upon review of the record and the parties' briefs, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/jonesal.wpd STATE OF TENNESSEE v. ARNOLD K. WARD, JR. Court:TCCA Attorneys: Eugene Honea, Assistant Public Defender, Franklin, Tennessee, for the appellant, Arnold K. Ward, Jr. Paul G. Summers, Attorney General & Reporter; Lucian D. Geise, Assistant Attorney General; Jeff Burks, Assistant District Attorney; and Robert Hassell, Assistant District Attorney, for the appellee, State of Tennessee. Judge: LAFFERTY First Paragraph: The appellant/defendant, Arnold K. Ward, Jr., appeals as of right from a judgment of conviction and sentencing imposed by the Williamson County Circuit Court. Upon jury conviction for attempted murder second degree and assault, the trial court imposed sentences of eleven (11) years for attempted murder second degree and eleven (11) months and twenty-nine (29) days for assault. The trial court ordered the sentences to be served concurrently. In his appellate issues, the defendant asserts that: (1) the indictment for count one is defective; (2) the defendant was denied his right to compulsory process; (3) extra-judicial communication during the trial between a witness and a juror contaminated the proceedings; (4) there was insufficient evidence for which a rational trier of fact could find the defendant guilty; (5) the defendant was convicted of a charge that does not exist under Tennessee law; and (6) the defendant's sentence is excessive. After a review of the entire record, we find the appellate issues without merit and affirm the trial court's judgment. http://www.tba.org/tba_files/TCCA/wardak.wpd STATE OF TENNESSEE v. JERRY W. YANCEY, JR. Court:TCCA Attorneys: John S. Colley, III, Columbia, Tennessee, for the appellant, Jerry W. Yancey, Jr. Paul G. Summers, Attorney General & Reporter, Jennifer L. Bledsoe, Assistant Attorney General, Sharon Tyler, Assistant District Attorney, and Robert S. Hassell, Assistant District Attorney, for the appellee, State of Tennessee. Judge: LAFFERTY First Paragraph: The appellant/defendant, Jerry W. Yancey, Jr., was convicted by the Williamson County Jury on four counts, two counts of aggravated assault and two counts of felony reckless endangerment. In count five, the defendant was found not guilty of felony reckless endangerment. Upon the defendant's conviction for aggravated assault, the trial court imposed sentences of three and one-half (3-_) years in the Department of Correction. However, the trial court placed the defendant on probation for four (4) years with certain special conditions, mainly that the defendant serve sixty (60) days, day for day, in the Williamson County Jail. In his appeal, the defendant challenges: (1) Whether the trial court erred in finding that the District Attorney General did not abuse his discretion in denying the defendant pre-trial diversion?; and (2) Whether the trial court erred in denying the defendant full probation? Upon our review of the entire record, we find no reversible error and affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/yanceyjw.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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