May 11, 2001 Volume 7 — Number 087 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 01 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 ARLANDA HAYNES v. STEEL FABRICATORS, INC., et al. Court:TSC - Workers Comp Panel Attorneys: Gayden Drew, IV, Jackson, Tennessee, for the appellant, Arlanda Haynes. William F. Kendall, III and B. Duane Willis, Jackson, Tennessee, for the appellee, Steel Fabricators, Inc. Paul G. Summers, Attorney General and Reporter and E. Blaine Sprouse, Assistant Attorney General, for the appellee, James Farmer, Director of the Division of Workers' Compensation, Tennessee Department of Labor, Second Injury Fund. Judge: DORAN 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)(1999) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The appellant presents the following issues for review: (1) Does the evidence preponderate against the trial court's ruling that the plaintiff failed to give proper notice to his employer of his gradually occurring injury to his right arm and back?; (2) Does the evidence preponderate against the trial court's ruling that the plaintiff has no permanent disability? After a review of the entire record, briefs of the parties and applicable law, we affirm the trial court's judgment. http://www.tba.org/tba_files/TSC_WCP/haynesa.wpd MARTIN E. WALKER v. HOWARD CARLTON, et al. Court:TCA Attorneys: Martin E. Walker, Mountain City, Tennessee, Appellant, Pro Se Paul G. Summers, Attorney General and Reporter, Michael Moore, Solicitor General, and Pamela S. Lorch, Assistant Attorney General, Nashville, Tennessee, for the Appellees, Howard Carlton, Bobby Colson, Harold Angel, Jim Rose, Jeff Tester, and Tennessee Department of Corrections No Representation on Appeal by American Correctional Association Judge: GODDARD First Paragraph: The Plaintiff, an inmate of the Penal System of this State, sues various prison officials and the American Correctional Association for damages incident to other inmates stealing his property and assaulting him. The Trial Court dismissed the case as to all Defendants. We affirm under the authority granted by Rule 10 of this Court. http://www.tba.org/tba_files/TCA/walkermar.wpd STATE OF TENNESSEE v. RONNIE LAMAR EVANS Court:TCCA Attorneys: Paul G. Summers, Attorney General and Reporter; Patricia C. Kussman, Assistant Attorney General; William H. Cox, III, District Attorney General; and C. Parke Masterson, Jr., Assistant District Attorney General, for the appellant, State of Tennessee. Lloyd A. Levitt, Chattanooga, Tennessee, for the appellee, Ronnie Lamar Evans. Judge: MCGEE OGLE First Paragraph: The appellant, State of Tennessee, charged the defendant, Ronnie Lamar Evans, with driving under the influence (DUI), fourth offense. Prior to trial, a dispute arose about whether the defendant's prior DUI convictions are elements of the charged offense that should be proven during the State's case- in-chief or whether evidence of the defendant's prior DUI convictions should only be brought before the jury during the second, or enhancement, phase of a bifurcated trial. This court granted the State's application for an interlocutory appeal on this issue. The State now raises the following issues for our review: (1) whether prior DUI convictions are to be used only to enhance a sentence and are not elements of DUI, fourth offense; (2) whether a felony DUI trial should be bifurcated into separate phases as required by Tenn. Code Ann. S 40-35-203 (1997); and (3) whether the trial court should make a finding prior to trial as to the number of applicable prior offenses in order to determine the number of jury challenges each side may exercise and how the jury should be instructed. Upon review of the record and the parties' briefs, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/evansrl.wpd STATE OF TENNESSEE v. BILLY JOE PHILLIPS, a.k.a. BILLY JOE WEST, a.k.a. JOSEPH L. PHILLIPS, a.k.a. JOHN DOE Court:TCCA Attorneys: Joe H. Walker, District Public Defender; Walter B. Johnson II, Assistant District Public Defender (on appeal); Roland Cowden, Assistant District Public Defender (at trial), for the appellant, Billy Joe Phillips. Paul G. Summers, Attorney General and Reporter; Patricia C. Kussman, Assistant Attorney General; J. Scott McCluen, District Attorney General; and D. Roger Delp, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WILLIAMS First Paragraph: The defendant was convicted by a jury of one count of driving while his driver's license was revoked, one count of criminal impersonation, and was found guilty of violating the implied consent law. The defendant claims there was insufficient evidence introduced to support his convictions. After a careful review, we affirm the defendant's conviction of criminal impersonation and reverse and dismiss the defendant's conviction for driving on a revoked driver's license. http://www.tba.org/tba_files/TCCA/phillipsbj.wpd PLEASE FORWARD THIS E-MAIL! 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