March 14, 2001
Volume 7 -- Number 047

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
07 New Opinion(s) from the Tennessee Court of Appeals
07 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

						THOMAS GAMMONS v. PETERBILT MOTORS COMPANY, et al.

Court:TSC - Workers Comp Panel

Attorneys:  

Patrick A. Ruth, Nashville, Tennessee, for the appellant, Peterbilt
Motors Company.

William Joseph Butler and Frank D. Farrar, Lafayette, Tennessee, for
the appellee, Thomas Gammons.                        

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 sustained a permanent
partial disability to his right arm of sixty percent, which would
entitle him to one-hundred twenty weeks of partial permanent
disability.  The defendant argues the trial judge erred in setting the
amount of the award because the treating physician fixed the medical
impairment rating at six percent, and the independent medical examiner
fixed the rate at thirty-four percent; the trial judge used neither of
these ratings to reach the amount awarded.  We affirm the judgment of
the trial court.

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


TIMOTHY JOE ELLINGTON v. LINDA MADDOX, et al. Court:TCA Attorneys: C. Timothy Crocker, Milan, For Appellant, Timothy Joe Ellington Larry S. Banks, Brownsville, For Appellees, Linda Maddox, Rickey Maddox, and Kimberly Dawn Rosson Judge: CRAWFORD First Paragraph: Natural father filed a petition to obtain custody of his son against the maternal grandmother and her husband, the child's custodians by previous court order. After an evidentiary hearing, the juvenile court denied father's petition and retained custody in the maternal grandmother and husband. Father appeals, and we reverse. http://www.tba.org/tba_files/TCA/ellingtoncon.wpd
THE STATE OF TENNESSEE, et al. v. JACQUELINE HEARD AND IRVIN M. SALKY Court:TCA Attorneys: R. Porter Feild, John Zelinka, for Appellant No filing on behalf of Appellee Judge: HIGHERS First Paragraph: This appeal involves an attempt by a taxpayer to redeem his property after it had been sold at a tax sale. The taxpayer filed a Petition to Redeem the property within the one-year statutory period, but failed to tender the money into court within the one-year period, as required by statute. The chancellor below granted the taxpayer an additional thirty days, as a matter of equity, in which to pay the money into court and redeem his property. For the following reasons, we reverse the judgment of the trial court. http://www.tba.org/tba_files/TCA/heardjacqueline.wpd
FRANKLIN R. MILLER, et al v. STATE OF TENNESSEE DEPARTMENT OF HUMAN SERVICES Court:TCA Attorneys: Paul G. Summers, Attorney General and Reporter, and Pamela A. Hayden-Wood, Assistant Attorney General, For Appellant, Tennessee Department of Human Services Patricia L. Penn, Memphis, For Appellee, Nona J. Miller Judge: CRAWFORD First Paragraph: This case involves a denial of Medicaid benefits. The State of Tennessee Department of Human Services denied petitioner's application for Medicaid on a resource assessment which showed that petitioner had financial resources in excess of the $2,000.00 limit. The trial court found that the administrative agency incorrectly included petitioner's life insurance policy in the resource assessment and reversed the agency's order denying eligibility. The trial court remanded the case to the administrative tribunal to allow the petitioner to present further evidence regarding the percentage of ownership interest the petitioner had in the remaining assets. The Department of Human Services appeals. We affirm in part and reverse in part. http://www.tba.org/tba_files/TCA/millerfra.wpd
PUBLIC EMPLOYEES BENEFIT SERVICES CORPORATION v. ALANA DIANE PARMINTER, et al. Court:TCA Attorneys: Kathleen N. Gomes, Memphis, For Appellant, Linda Parminter Lane Eugene G. Douglass, Jr., Bartlett, for Appellee, Alana Diane Parminter Judge: CRAWFORD First Paragraph: Administrator of employee's deferred income plan filed a complaint for a declaratory judgment seeking a determination of the proper beneficiary, either employee's widow or employee's sister entitled to the funds after the employee's death. The dispute basically involves an interpretation of the plan terms dealing with the method of changing beneficiaries. The trial court awarded the funds to employee's widow, an employee's sister has appealed. We vacate and remand. http://www.tba.org/tba_files/TCA/pepsco.wpd
IN THE MATTER OF JO'NISE YO'VEE PERRY, DOB: 12/19/1987, CHILD UNDER 18 YEARS OF AGE Court:TCA Attorneys: Andrew Bernstein, Memphis, Tennessee, for the appellant, Johnny Perry, a.k.a. Is'mail Muhammad. John S. "Tripp" Wilson, Memphis, Tennessee, for the appellee, Court Appointed Special Advocate. Judge: KIRBY LILLARD First Paragraph: This is an appeal from an order terminating parental rights. The father was imprisoned during the hearing of this case. The father argues on appeal that the juvenile court should have allowed him to be physically present at the hearing and should have granted him discovery he requested, and also contends that terminating his parental rights was not in his daughter's best interest. We find that the trial court did not abuse its discretion in deciding not to transport the father to the hearing, and in limiting the father's discovery. We also find that the trial court did not err in finding that termination of the father's parental rights was in the child's best interest. On this basis, we affirm the order terminating the father's parental rights. http://www.tba.org/tba_files/TCA/perryjonise.wpd
MEREDITH ANNMARIE WARREN v. JOHN DAVID WARREN, JR. Court:TCA Attorneys: Linda L. Holmes, for Appellant Ron Harvey, for Appellee Judge: HIGHERS First Paragraph: In this child custody case, the Appellant and the Appellee agreed to joint custody of their child with the Appellee being the primary custodial parent. After learning of the Appellee's plans to move out of state with the child, the Appellant filed a Petition for Opposition of Minor Child's Move from the State of Tennessee and/or Petition for Change of Custody. The trial court granted temporary custody to the Appellant pending a reevaluation of the matter. After a hearing, the trial court ordered joint custody of the child to the Appellant and the Appellee and decreed that the child live primarily with the Appellee out of state. The Appellant appeals from the Order Awarding Joint Custody entered by the Chancery Court of Shelby County. For the reasons stated herein, we affirm the trial court's decision. http://www.tba.org/tba_files/TCA/warrenmeredithann.wpd
EDDIE WILLIAMS, JR. v. ALTON HESSON, WARDEN, et al. Court:TCA Attorneys: Eddie Williams, Jr., pro se Paul G. Summers, Attorney General & Reporter, Michael E. Moore, Solicitor General, Mark A. Hudson, Senior Counsel, for Appellees Judge: HIGHERS First Paragraph: This appeal involves a claim of discrimination and denial of access to the courts by a maximum security inmate in the custody of the Tennessee Department of Correction. The court below granted summary judgment to the defendants. For the following reasons, we affirm the trial court's entry of summary judgment. http://www.tba.org/tba_files/TCA/williamseddie.wpd
STATE OF TENNESSEE v. JIMMY WAYNE BAKER Court:TCCA Attorneys: John E. Herbison, Nashville, Tennessee, for the appellant, Jimmy Wayne Baker. Paul G. Summers, Attorney General and Reporter; Lucian D. Geise, Assistant Attorney General; William Michael McCown, District Attorney General; Robert G. Crigler, Assistant District Attorney General; and Ann L. Filer, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WEDEMEYER First Paragraph: The Defendant, Jimmy Wayne Baker, was convicted by a Bedford County jury of first degree felony murder during the perpetration of or the attempt to perpetrate theft of property, first degree premeditated murder, and aggravated arson. The trial court merged the felony murder conviction with the premeditated murder conviction. The Defendant was sentenced as a Range I standard offender to life imprisonment for the first degree murder conviction and to twenty-one years and nine months incarceration for the aggravated arson conviction, to be served concurrently. The Defendant now appeals, arguing the following: (1) that the trial court erred in instructing the jury to determine whether one of the witnesses was an accomplice; (2) that the evidence presented at trial was insufficient to convict the Defendant of premeditated murder, felony murder, or aggravated arson; (3) that the trial court erred in failing to instruct the jury that they must agree unanimously on a particular set of facts to support a finding of first degree felony murder; (4) that his convictions of both premeditated murder and felony murder violated the Double Jeopardy Clause and the Supremacy Clause; (5) that the Defendant was not properly informed of the elements of and facts necessary to constitute the offense of theft of property as the underlying felony in the felony murder conviction; (6) that the Defendant's sentence for aggravated arson was excessive; and (7) that the trial court erred in failing to instruct the jury on all elements of the offenses charged. After review, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/bakerjw.wpd
RONNIE BRADFIELD v. STATE OF TENNESSEE Court:TCCA Attorneys: Ronnie Bradfield, Tiptonville, Tennessee, Pro Se. Paul G. Summers, Attorney General and Reporter; Kim R. Helper, Assistant Attorney General; William L. Gibbons, District Attorney General; Paula Wulff, Assistant District Attorney General; and John W. Campbell, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WOODALL First Paragraph: Petitioner, Ronnie Bradfield, was convicted by a jury in the Shelby County Criminal Court of three counts of attempt to commit second degree murder, which this Court affirmed on direct appeal. Petitioner subsequently filed a pro se petition together with an amended and supplemental petition for post-conviction relief alleging, primarily, ineffective assistance of counsel. The post-conviction judge denied relief following an evidentiary hearing which took place over numerous days. Petitioner now appeals the judgment of the post-conviction court denying his petition. We affirm. http://www.tba.org/tba_files/TCCA/bradfieldr.wpd
STATE OF TENNESSEE v. CURTIS EMERY DUKE Court:TCCA Attorneys: John B. Nisbet, III, Cookeville, Tennessee, Donna L. Hargrove and Andrew Jackson Dearing, III, Shelbyville, Tennessee, for the appellant, Curtis Emery Duke. Paul G. Summers, Attorney General and Reporter, Russell S. Baldwin, Assistant Attorney General, W. Michael McCown, District Attorney General, and Weakley E. Barnard, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: McGEE OGLE First Paragraph: The appellant, Curtis Emery Duke, was convicted in the Marshall County Circuit Court of two counts of the sale of crack cocaine, one count of possession of crack cocaine with the intent to sell, two counts of criminal impersonation, and one count of failure to appear. The trial court sentenced the appellant to a total effective sentence of thirty-nine years. On appeal, the appellant raises the following issues for our review: (1) whether the evidence presented at trial was sufficient to sustain the appellant's convictions; (2) whether the trial court erred in failing to instruct the jury on the lesser-included offense of simple possession; and (3) whether the trial court erred in sentencing the appellant. Upon review of the record and the parties' briefs, we affirm the judgments of the trial court as modified. http://www.tba.org/tba_files/TCCA/dukeceaffdasmod.wpd
MARVIN ANTHONY MATHEWS v. STATE OF TENNESSEE Court:TCCA Attorneys: Marvin Anthony Mathews, Henning, Tennessee, Pro Se. Michael E. Moore, Solicitor General; Lucian D. Geise, Assistant Attorney General; and Elizabeth T. Rice, District Attorney General, for the appellee, State of Tennessee. Judge: WILLIAMS First Paragraph: The defendant appeals asserting that the trial court improperly denied his motion for expungement of records. After review, we conclude that the defendant failed to properly effectuate an adequate record for our review. Therefore, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/matthewsma.wpd
STATE OF TENNESSEE v. CHRISTOPHER OSBORNE Court:TCCA Attorneys: John H. Henderson, District Public Defender; and Gene Honea, Assistant District Public Defender, Franklin, Tennessee, for the appellant, Christopher Osborne. Paul G. Summers, Attorney General and Reporter; Elizabeth B. Marney, Assistant Attorney General; Ronald L. Davis, District Attorney General; and Lee E. Dryer, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: RILEY First Paragraph: A Williamson County jury convicted the defendant of attempted first degree murder and felony reckless endangerment. The trial court sentenced him to concurrent sentences of twenty-four years and two years, respectively, as a Range I standard offender. In this appeal, the defendant alleges (1) the attempted first degree murder presentment was defective; (2) the proof was insufficient to sustain his attempted first degree murder conviction; (3) the trial judge erroneously failed to satisfy his "thirteenth juror" role; and (4) his sentence is excessive. Upon review of the record, we find no reversible error and affirm the judgments and sentences imposed by the trial court. http://www.tba.org/tba_files/TCCA/osbornec.wpd
STATE OF TENNESSEE v. PRENTISS PHILLIPS Court:TCCA Attorneys: A C Wharton, Jr., Shelby County Public Defender, Garland Ergueden, Assistant Public Defender (on appeal); William L. Johnson, Memphis, Tennessee; and Diane Thackery, Assistant Public Defender (at trial), for the appellant, Prentiss Phillips. Paul G. Summers, Attorney General and Reporter; J. Ross Dyer, Assistant Attorney General; William L. Gibbons, District Attorney General; Patience R. Branham, Assistant District Attorney General; and Paula H. Wulff, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: GLENN First Paragraph: The defendant was convicted by a Shelby County jury of first degree murder and especially aggravated kidnapping. He was sentenced by the jury to life without the possibility of parole for the murder conviction. He also received a sentence of twenty-five years for the especially aggravated kidnapping conviction, to be served consecutively to his life sentence. The events of this case arose out of a confrontation between rival gangs living in the Hurt Village Apartments in Memphis. The defendant, a high-ranking member of the Gangster Disciples, was prosecuted for the crimes on a theory of criminal responsibility. In this appeal as of right, the defendant challenges the sufficiency of the evidence to support his convictions. After a thorough review of the extensive record in this case, we conclude that the evidence is sufficient to show that the defendant, acting with the intent to promote the commission of the charged offenses, directed and aided other members of the Gangster Disciples in the commission of the offenses. His convictions for first degree murder and especially aggravated kidnapping are, therefore, affirmed. http://www.tba.org/tba_files/TCCA/phillipsp.wpd
STATE OF TENNESSEE v. CRISS WILLIAMS Court:TCCA Attorneys: James V. Ball, Memphis, Tennessee, for the appellant, Criss Williams. Paul G. Summers, Attorney General & Reporter; Lucian D. Geise, Assistant Attorney General; William L. Gibbons, District Attorney General; and Glenn C. Baity, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WOODALL First Paragraph: A Shelby County jury convicted the Defendant, Criss Williams, of the second degree murder of Jerry Washington. Subsequently, the trial court sentenced the Defendant to twenty-five years of incarceration. The Defendant challenges his conviction arguing that (1) the evidence was insufficient to convict him, because the state failed to prove his identity as the shooter, and (2) that the trial court erred in not granting his Motion for Judgment of Acquittal. After a thorough review of the record, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/williamsc.wpd

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