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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