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January 26, 2001
Volume 7 -- Number 017
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):
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| 00 |
New Opinion(s) from the Tennessee Supreme Court |
| 04 |
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 |
| 03 |
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 |
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Lucian T. Pera
Editor-in-Chief, TBALink
DOTTIE LOU BELL HAMPTON v. HENRY I. SEIGEL CO., INC., et al.
Court:TSC - Workers Comp Panel
Attorneys:
Stephen D. Jackson, Huntingdon, Tennessee, for the appellants, Henry
I. Seigel Company, Inc. and Royal Insurance Company.
Donald E. Parish, Huntingdon, Tennessee, for the appellee, Dottie Lou
Bell Hampton.
Judge: LOSER
First Paragraph:
This workers' compensation appeal has been referred to the Special
Workers' Compensation Appeals Panel of the Supreme Court pursuant to
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
employer and its insurer contend the employee's disability was caused
by an independent intervening cause, namely a gradually occurring
injury while working for a subsequent employer, and that the award of
permanent partial disability benefits is excessive. As discussed
below, the panel has concluded the evidence fails to preponderate
against the findings of the trial court.
http://www.tba.org/tba_files/TSC_WCP/hamptond.wpd
ALFREDIA J. LEACH v. HENRY I. SIEGEL COMPANY, INC., et al.
Court:TSC - Workers Comp Panel
Attorneys:
Stephen D. Jackson, Huntingdon, Tennessee, for the appellants, Henry
I. Siegel Company, Inc. and Royal Insurance Company.
Donald E. Parish, Huntingdon, Tennessee, for the appellee, Alfredia J.
Leach.
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 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, Henry I. Siegel Co., Inc. and Royal Insurance
Company (H.I.S.), appeal the judgment of the Circuit Court for Carroll
County awarding the plaintiff, Alfredia Leach (Leach), fifty percent
(50%) permanent partial disability to her right arm and twenty percent
(20%) permanent partial disability to her left arm as being excessive.
For the reasons stated in this opinion, we affirm the judgment of the
trial court but modify the award to a single award of thirty-five
percent (35%) permanent partial disability to both arms.
http://www.tba.org/tba_files/TSC_WCP/leachalf.wpd
STONEY McCARTER v. TRANSPORTATION INSURANCE COMPANY, et al.
Court:TSC - Workers Comp Panel
Attorneys:
Steve Taylor, Memphis, Tennessee, for the appellant, Stoney McCarter.
Carl Wyatt, Memphis, Tennessee, for the appellees, Transportation
Insurance Company and Industrial & Mechanical Contractors of Memphis,
Inc.
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, Stoney McCarter, appeals the judgment of the Circuit Court
of Shelby County granting defendants' motion for summary judgment.
The trial court held plaintiff's court-approved lump sum settlement
was not entered into pursuant to Tenn. Code Ann. S 50-6-241(a)(1) and
therefore could not be reopened pursuant to S 50-6-241(a)(2). For the
reasons stated in this opinion, we affirm the judgment of the trial
court.
http://www.tba.org/tba_files/TSC_WCP/mccartst.wpd
RODNEY STAFFORD v. SARA LEE CORPORATION, et al.
Court:TSC - Workers Comp Panel
Attorneys:
Jay E. Degroot, Jackson, Tennessee, for the appellant, Rodney
Stafford.
Joe D. Spicer, Nashville, Tennessee, and Kenneth R. Rudstrom, Memphis,
Tennessee, for the appellee, Lumbermens Mutual Casualty Company.
Kenneth R. Rudstrom, Memphis, Tennessee, for the appellee, Sara Lee
Corporation d/b/a Jimmy Dean Foods.
Judge: WALKER
First Paragraph:
Employee was cleaning a machine at work while it was running, in
violation of safety rules, and received an injury to his hand and arm.
The trial court found willful misconduct and refused worker's
compensation benefits. The panel finds that the evidence fails to
preponderate against the Chancellor's findings, and affirms.
http://www.tba.org/tba_files/TSC_WCP/staffordrod.wpd
IN RE: PETITION OF THE INDIGENT DEFENSE COMMISSION FOR THE ADOPTION OF
A REVISED SUPREME COURT RULE 13
ORDER
Court:TSC - Rules
Judge: ANDERSON
First Paragraph:
On February 22, 2000, the Indigent Defense Commission petitioned this
Court to adopt a new and revised Supreme Court Rule 13. After due
consideration, Rule 13 of the Rules of the Supreme Court of Tennessee
is hereby amended by striking the present text in its entirety and
replacing it with the following:
http://www.tba.org/tba_files/TSC_Rules/rul13amd_ord.wpd
JEFFREY ARCH CARTER v. STATE OF TENNESSEE
Court:TCCA
Attorneys:
Nat H. Thomas, Kingsport, Tennessee, for the appellant, Jeffrey Arch
Carter.
Paul G. Summers, Attorney General and Reporter; Marvin E. Clements,
Jr., Assistant Attorney General; H. Greeley Wells, Jr., District
Attorney General; and Barry P. Staubus, Assistant District Attorney,
for the appellee, State of Tennessee.
Judge: WILLIAMS
First Paragraph:
The defendant, after pleading guilty to two counts of aggravated
assault, DUI second offense, and violation of seat belt law, sought
alternative sentencing. A sentencing hearing was held and the trial
court denied the defendant any form of alternative sentence. The
defendant now appeals that denial, asserting that the trial court
erred in denying him an alternative sentence. After review, we affirm
the trial court's denial of an alternative sentence.
http://www.tba.org/tba_files/TCCA/carterja.wpd
STATE OF TENNESSEE v. LARRY M. GRIGSBY
Court:TCCA
Attorneys:
Mark H. Toohey, Kingsport, Tennessee, for the Appellant, Larry M.
Grigsby.
Paul G. Summers, Attorney General and Reporter, Michael Moore,
Solicitor General, Clinton J. Morgan, Assistant Attorney General, H.
Greeley Wells, Jr., District Attorney General, and Todd Martin, Joseph
Eugene Perrin and Mary Katharine Harvey, Assistant District Attorneys
General, for the Appellee, State of Tennessee.
Judge: HAYES
First Paragraph:
Larry M. Grigsby entered guilty pleas to one count of promoting
prostitution and two counts of criminal simulation. The manner of
service, including entitlement to probation and/or Community
Corrections, was submitted to the trial court. The trial court denied
any form of alternative sentencing based upon Grigsby's extensive
prior criminal history and the failure of previous measures less
restrictive than total confinement. On appeal, Grigsby argues that
the trial court erred in denying an alternative sentence. After
review, we conclude that the record supports the trial court's
sentencing decision. The judgment, accordingly, is affirmed.
http://www.tba.org/tba_files/TCCA/grigsbylm.wpd
The Rules of the Tennessee Court of Criminal Appeals are amended by
adding thereto the following, which shall become Rule 22 of this
Court:
ORDER
Court:TCCA
Judge: WADE
First Paragraph:
Rule 22. Frivolous Appeals: Withdrawal of Appointed Counsel. If, on
direct appeal to this court, appointed counsel for an indigent
defendant concludes, after a conscientious examination of the entire
record and the applicable law, that the appeal is frivolous under
Anders v. California, 386 U.S. 738 (1967), and that continued
representation by counsel would violate the Code of Professional
Responsibility, Rule 8, Rules of the Supreme Court, counsel may move
the court in writing to permit withdrawal from further representation
of the indigent defendant.
http://www.tba.org/tba_files/TCCA/rule22_ord.wpd
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