January 17, 2001
Volume 7 -- Number 011

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
00 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

CAROL DICKENS v. FEDERAL-MOGUL SYSTEMS PROTECTION, INC., et al.

Court:TSC - Workers Comp Panel

Attorneys: 

D. Randall Mantooth and Kristin M. Oberdecker, Nashville, Tennessee
for appellants, Federal- Mogul Systems Protection, Inc. and
Federal-Mogul Systems Protection, Inc. d/b/a Bentley Harris, Inc. and
Liberty Mutual Insurance Company.

Hugh Green, Lebanon, Tennessee, for the appellee, Carol Dickens.                         

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 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 trial court found the plaintiff had suffered a twenty
percent vocational disability to the body as a whole and that she was
entitled to receive temporary total disability payments from August
27, 1997, through May 11, 1998.  The defendant raises as issues the
failure of the trial judge to exclude a medical deposition entered
into evidence by the plaintiff; the failure of the trial judge to
limit the award to two and one-half times the medical impairment
rating of five percent; and questions the extent of the temporary
total benefits awarded.  We affirm the judgment in part and modify the
judgment in part.

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


STATE OF TENNESSEE v. DANNY HAROLD OGLE Court:TCCA Attorneys: Steven E. Marshall, Sevierville, Tennessee, for the appellant, Danny Harold Ogle. Paul G. Summers, Attorney General and Reporter; Elizabeth B. Marney, Assistant Attorney General; Al C. Schmutzer, Jr., District Attorney General; and Charles E. Atchley, Jr., Assistant District Attorney General, for the appellee, State of Tennessee. Judge: RILEY First Paragraph: Defendant entered a best interest plea of guilty to vehicular homicide by recklessness. The plea attempted to reserve a certified question of law relating to the destruction of evidence; namely, the victim's vehicle. Specifically, defendant contends the destruction of the vehicle while it was under state control deprived him of due process, and the trial court should have dismissed the indictment. Upon our review of the record, we conclude that we have no jurisdiction to address the certified question. The appeal is dismissed. http://www.tba.org/tba_files/TCCA/ogledh.wpd
Hagan Paul Roberts v. State of Tennessee Court:TCCA Attorneys: David N. Darnell, for the appellant. Paul G. Summers, Attorney General & Reporter; Stephen Jobe, Counsel; H. Greenley Wells, Jr., District Attorney General; J. Lewis Combs, Assistant District Attorney, for the appellee, State of Tennessee. Judge: ACREE First Paragraph: Hagan Paul Roberts (herein petitioner) appeals the dismissal of his petition for post conviction relief. The petitioner claims his trial counsel was ineffective for failing to interview and call two witnesses to testify at the trial. The trial Court found that the petitioner did not inform his trial counsel of these witnesses and dismissed the petition. We affirm the trial Court. http://www.tba.org/tba_files/TCCA/robertsh.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!
Would you like to receive the TBALink Opinion Flash free each day by e-mail? Anyone, whether a TBA member or not, is welcome to subscribe ... it's free!

For the
Plain Text Version:
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type:
SUBSCRIBE
3) Leave the body of the message blank

For the HTML Text Version:
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type:
SUBSCRIBE HTML
3) Leave the body of the message blank

UNSUBSCRIBE TO OPINION FLASH? ... SURELY NOT!

To STOP receiving TBALink Opinion-Flash:
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type:
UNSUBSCRIBE
3) Leave the body of the message blank


© Copyright 2001 Tennessee Bar Association