January 10, 2001 Volume 7 -- Number 007 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 02 New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel 00 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court 01 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 JOHN PAUL MILLER v. FLEETWOOD HOMES OF TENNESSEE AND KEMPER NATIONAL INSURANCE COMPANIES Court:TSC - Workers Comp Panel Attorneys: William H. Partin, Jr., Lexington, Kentucky, for the appellant, John Paul Miller John R. Lewis, Nashville, Tennessee for the appellees, Fleetwood Homes of Tennessee and Kemper National Insurance Companies. 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 S50-6-225 (e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The plaintiff, John Paul Miller, appeals the judgment of the Chancery Court of Sumner County, where the trial court found: (1) that Mr. Miller failed to prove by a preponderance of the evidence that he suffered a neck injury arising out of and in the course of his employment with Fleetwood Homes on or about August 4, 1997; (2) that had the neck injury occurred as alleged by Mr. Miller it was due to his own willful misconduct and his claim was otherwise barred under Tennessee Code Annotated S50-6-110 (a); (3) and that Mr. Miller was not entitled to any further benefits for his hand/wrist injury of June 13, 1997. For the reasons stated in this opinion, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TSC_WCP/millerjohnpaul.wpd LANA PHELPS, INDIVIDUALLY AND AS NEXT FRIEND OF/GUARDIAN OF HER TWO MINOR CHILDREN, KURTIS TYLER PHELPS AND AMANDA LEE PHELPS V. TENNESSEE WOOLEN MILLS , INC. AND THE TRAVELERS INSURANCE COMPANY Court:TSC - Workers Comp Panel Attorneys: Janelle S. Evyan, Memphis, Tennessee, for the appellants, Tennessee Woolen Mills, Inc. and The Travelers Insurance Company Bratton H. Cook, II, Smithville, Tennessee and Jacky O. Bellar, Carthage, Tennessee for the appellees, Lana Phelps, individually and as next friend/guardian of her two minor children, Kurtis Tyler Phelps and Amanda Lee Phelps. 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 S50-6-225 (e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The defendants, Tennessee Woolen Mills, Inc. and The Travelers Insurance Company appeal the judgment of the Chancery Court of Smith County, where the Trial Court granted partial summary judgment in favor of the plaintiff, Lana Phelps, finding that there were no material factual issues in dispute on the issue of causation and that the plaintiff was entitled to a judgment as a matter of law when the decedent, Joseph Phelps, sustained an injury by accident which arose out of and in the course of his employment at Tennessee Woolen Mills when he fell off a ladder and subsequently died of sudden cardiac death. The trial court incorporated its order of partial summary judgment in its final order awarding plaintiff a total recovery of one hundred forty-five thousand two hundred and four dollars ($145,204.00). For the reasons stated in this opinion, we reverse the judgment of the trial court and remand this case for a hearing on the merits. http://www.tba.org/tba_files/TSC_WCP/phelpslana.wpd LOCAL UNION 760 OF THE INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, et al. v. THE CITY OF HARRIMAN AND THE HARRIMAN UTILITY BOARD Court:TCA Attorneys: Gerald Largen, Kingston, Tennessee and R. Jan Jennings, Nashville, Tennessee, for the appellants, Local Union 760 of the International Brotherhood of Electrical Workers, et al. Edward G. Phillips, Jon G. Roach and Dean B. Farmer, Knoxville, Tennessee for the appellees, the City of Harriman and the Harriman Utility Board. Judge: GODDARD First Paragraph: This appeal from the Roane County Chancery Court concerns whether the Chancery Court erred in determining that a collective bargaining agreement entered into between Appellant, Local Union 760 of the International Brotherhood of Electrical Workers, and Appellees, the City of Harriman and the Harriman Utility Board, is null and void. We affirm the decision of the Chancery Court and remand for further proceedings, if any, consistent with this opinion. We adjudge costs of the appeal against the Appellants. http://www.tba.org/tba_files/TCA/localunion760.wpd STATE OF TENNESSEE v. RANDY LEE BOWERS Court:TCCA Attorneys: Joseph F. Harrison, Assistant Public Defender, for the appellant, Randy Lee Bowers. Paul G. Summers, Attorney General and Reporter; Mark A. Fulks, Assistant Attorney General; H. Greeley Wells, Jr., District Attorney General; and Joseph E. Perrin, Assistant District Attorney, for the appellee, State of Tennessee. Judge: WILLIAMS First Paragraph: After entering guilty pleas to possession of a Schedule VI controlled substance (marijuana); driving under the influence, third offense; and driving while his license was revoked, after a second or subsequent conviction for driving under the influence, the Criminal Court for Sullivan County conducted a sentencing hearing and then sentenced the defendant. The defendant contends that the trial court erred in ordering consecutive sentences and in failing to place him on probation after the service of the minimum sentence of one hundred-twenty days for DUI third offense. After careful review, we interpret the defendant's sentence to be three hundred-eighteen (318) days of full incarceration followed by four hundred fifty-five (455) days on supervised probation. Further, we affirm the denial of alternative sentencing. http://www.tba.org/tba_files/TCCA/bowersrl.wpd DARRICK EDWARDS v. STATE OF TENNESSEE Court:TCCA Attorneys: Charles P. Dupree, Chattanooga, Tennessee, for the appellant, Darrick Edwards. Paul G. Summers, Attorney General & Reporter; Elizabeth B. Marney, Assistant Attorney General; and Rodney Strong, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WADE First Paragraph: The petitioner, Darrick Edwards, appeals the trial court's denial of his petition for post-conviction relief. Because the petitioner was provided the effective assistance of counsel and knowingly and voluntarily entered his pleas of guilt to first degree murder, conspiracy to commit first degree murder, aggravated robbery, and conspiracy to commit aggravated robbery, the judgment is affirmed. http://www.tba.org/tba_files/TCCA/edwardsdarrick.wpd STATE OF TENNESSEE v. TRACIE KIRKLAND Court:TCCA Attorneys: Steven B. Ward, Madisonville, Tennessee, for the appellant, Tracie Kirkland. Paul G. Summers, Attorney General and Reporter; Mark A. Fulks, Assistant Attorney General; Jerry N. Estes, District Attorney General; and William W. Reedy, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: RILEY First Paragraph: Defendant was convicted by a Monroe County jury of first degree premeditated murder and given a life sentence. In this appeal, defendant makes the following allegations of error: (1) the evidence was insufficient to sustain her conviction; (2) the trial court erred in denying a continuance; (3) the trial court improperly charged the jury on criminal responsibility for the conduct of another; and (4) the trial court erred in refusing to grant a new trial based upon newly discovered evidence. Upon our review of the record, we conclude the evidence was not sufficient to support a conviction for first degree premeditated murder, and defendant's sentence should be reduced to second degree murder. The other allegations of error are without merit. Therefore, the judgment of the trial court is modified to reflect a conviction for second degree murder, and the case is remanded to the trial court for a new sentencing hearing. http://www.tba.org/tba_files/TCCA/kirklandt.wpd STATE OF TENNESSEE V. EZRA SHAWN ERVIN AND ANDREW MCKINNEY Court:TCCA Attorneys: Mike Little, for the appellant, McKinney; and Ardena J. Garth, District Public Defender; and Donna Robinson Miller, Assistant Public Defender, for the appellant, Ervin. Paul G. Summers, Attorney General & Reporter; R. Stephen Jobe, Counsel; William H. Cox, III, District Attorney General; Yolanda D. Mitchell, Assistant Public Defender, for the appellee, State of Tennessee. Judge: ACREE First Paragraph: The defendants were found guilty of robbing a Krystal restaurant in Chattanooga. In this direct appeal, they allege four errors. They contend the evidence was insufficient to support their convictions; the trial court erred in allowing certain items of clothing found in one of the defendant's vehicle to be admitted into evidence because the clothing could not be positively identified as clothing worn by the people robbing the restaurant; the trial court erred in failing to suppress a statement made by one of the defendants at the time of his arrest because the defendant had not been given Miranda warnings; and the trial court erred in failing to declare a mistrial after the jury reported improper verdicts. We conclude there was no error made by the trial court, and the judgments below are affirmed. http://www.tba.org/tba_files/TCCA/ervinmckinney.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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