April 9, 2001
Volume 7 — Number 065

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
01 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
02 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
 

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Lucian T. Pera
Editor-in-Chief, TBALink

L.D. MANGRUM v. SPRING INDUSTRIES and ZURICH AMERICAN INSURANCE COMPANY
Court:TSC - Workers Comp Panel

Attorneys: 

Kent E. Krause, Nashville, Tennessee, for the Appellant Spring
Industries and Zurich Insurance Company.

James F. Conley, Tullahoma, Tennessee, for the Appellee L. D. Mangrum                         

Judge: PEOPLES

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 of findings of fact and conclusions of law.  The employer
appeals and contends (1) the trial court abused its discretion in
refusing to admit and consider the deposition testimony of a physician
and (2) erred in awarding the employee sixty-five percent disability
to each leg.  We sustain the contentions of the employer and modify
the award to sixty-five percent to both legs.

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





IN RE: AMENDMENT TO RULE 29 RULES OF THE SUPREME COURT OF TENNESSEE

Court:TSC - Rules


http://www.tba.org/tba_files/TSC_Rules/rule29am.wpd





MAZZIE BRADY, et al. v. MARGARET MOORE SMITH, et al.

Court:TCA

Attorneys:   

William E. Phillips, Rogersville, Tennessee, for the Appellants,
Mazzie Brady and Dora Penley.

Lee Dan Stone, III, Tazewell, Tennessee, for the Appellees, Carolyn
Ann Williams Werner and Donnie Williams.

Mark A. Skelton, Rogersville, Tennessee, for the Appellees, Irene Seal
Cluesman, Earl Seal, Austin Seal and Stanley Seal.

J. William Myers, Newport, Tennessee, for the Appellee, Terry L.
White.

Judge: SWINEY

First Paragraph:

In 1992, Brownie Seal ("Decedent") died intestate and having never
been married.  His estate was never administered.  In 1996, two of
Decedent's sisters, Mazzie Brady and Dora Penley ("Plaintiffs"), filed
a complaint seeking a partition sale of real estate which Decedent
partially owned.  In 1998, Carolyn Ann Williams Werner and Donnie
Williams ("Children") filed a Petition to Intervene, claiming that
Decedent was their biological father and requesting that the Trial
Court adjudicate their paternity and their right to inherit from
Decedent.  In response, Plaintiffs asserted the defenses of statute of
limitations and laches.  After DNA testing was conducted, an Agreed
Order was entered establishing that Decedent was the biological father
of the Children.  The Trial Court denied Plaintiffs' statute of
limitations defense, holding that because Decedent's estate was never
administered, the applicable statute of limitations was Tenn. Code
Ann. S 28-3-110, which provides for a ten-year limitations period. 
Plaintiffs appeal.  We Affirm.

http://www.tba.org/tba_files/TCA/bradym.wpd





BRIAN KEITH SMELLEY v. DAN RAWLS, INDIVIDUALLY AND d/b/a/ PERFORMANCE
TECHNOLOGIES and/or PRO TECH ENGINES

Court:TCA

Attorneys:           

D. Mitchell Bryant, Cleveland, Tennessee, for the appellant, Dan
Rawls, Individually and d/b/a Performance Technologies and/or Pro Tech
Engines.

John D. Barry, Chattanooga, Tennessee, for the appellee, Brian Keith
Smelley.

Judge: SUSANO

First Paragraph:

The trial court entered a default judgment against the defendant on
the plaintiff's complaint seeking compensatory damages, treble damages
pursuant to the Tennessee Consumer Protection Act of 1977, punitive
damages, and reasonable attorney's fees.  Thereafter, the court
entered a judgment awarding the plaintiff damages, attorney's fees,
and costs.  The defendant appeals, contending that the trial court
erred in failing to grant his motion to set aside the default
judgment.  We affirm.

http://www.tba.org/tba_files/TCA/smelleybk.wpd





STATE OF TENNESSEE v. MICHAEL WAYNE PERRY

Court:TCCA

Attorneys:  

John B. Nisbet, III, Cookeville, Tennessee; Comer L. Donnell, District
Public Defender; and Karen Chaffin, Assistant District Public
Defender, for the appellant, Michael Wayne Perry.

Paul G. Summers, Attorney General and Reporter; Russell S. Baldwin,
Assistant Attorney General; Tom P. Thompson, Jr., District Attorney
General; Robert N. Hibbett, Assistant District Attorney General; and
David Durham, Assistant District Attorney General, for the appellee,
State of Tennessee.
                  
Judge: WOODALL

First Paragraph:

The defendant, Michael Wayne Perry, was convicted by a Wilson County
jury of second degree murder and first degree felony murder committed
during the perpetration of, or attempted perpetration of, rape.  The
trial court sentenced Defendant to life without parole for the first
degree murder conviction, twenty years as a standard Range I offender
for the second degree murder conviction, and then merged the two
counts into a single conviction for first degree murder.  Defendant
appeals his convictions and presents the following issues: 1) whether
the trial court erred in admitting Defendant's recorded confession; 2)
whether the trial court erred in admitting evidence obtained from the
vehicle that Defendant drove on the night of the murder; 3) whether
the trial court erred in admitting photographs of the victim's body;
4) whether the trial court's instructions to the jury were proper; 5)
whether the evidence was sufficient for a rational trier of fact to
find Defendant guilty beyond a reasonable doubt; and 6) whether the
conduct of law enforcement officials in the case "shocks the
conscience."  Based upon a careful review, we affirm the judgment of
the trial court.

http://www.tba.org/tba_files/TCCA/perrymw.wpd





STATE OF TENNESSEE v. ROBERT HALL WAYMAN

Court:TCCA

Attorneys:

Joe H. Walker, Public Defender; Alfred Lee Hathcock, Jr., Assistant
Public Defender; and Rex A. Dale, Lenoir City, Tennessee, for the
appellant, Robert Hall Wayman.

Paul G. Summers, Attorney General & Reporter; Clinton J. Morgan,
Counsel for the State; J. Scott McCluen, District Attorney General;
and Frank A. Harvey, Assistant District Attorney, for the appellee,
State of Tennessee. Paul G. Summers, Attorney General and Reporter;
Russell S. Baldwin, Assistant Attorney General; Tom P. Thompson, Jr.,
District Attorney General; Robert N. Hibbett, Assistant District
Attorney General; and David Durham, Assistant District Attorney
General, for the appellee, State of Tennessee.

Judge: WILLIAMS

First Paragraph:

The defendant pled guilty to reckless vehicular homicide, simple
possession of marijuana, and sale of a Schedule VI controlled
substance.  The trial court sentenced the defendant to four years
incarceration in the Tennessee Department of Correction (DOC), and the
defendant appeals from this sentence, requesting probation.  We affirm
the sentence of incarceration from the trial court.

http://www.tba.org/tba_files/TCCA/waymanrh.wpd

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