May 17, 2001
Volume 7 — Number 091

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):
 
04 New Opinion(s) from the Tennessee Supreme Court
00 New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel
00 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
00 New Opinion(s) from the Tennessee Court of Appeals
04 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

ANDREW FAHRNER v. SW MANUFACTURING, INC.
Court:TSC

Attorneys: 

Sue N. Puckett-Jernigan and Tecia Puckett Pryor, Smithville,
Tennessee, and Jon E. Jones, Cookeville, Tennessee, for the appellant,
Andrew Fahrner.

David B. Kesler and Stacie L. Caraway, Chattanooga, Tennessee, for the
appellee, SW Manufacturing, Inc.
                         
Judge: DROWOTA

First Paragraph:

The plaintiff filed suit against the defendant for retaliatory
discharge and employment discrimination.  The defendant moved to
dismiss the plaintiff's claim on the ground  that the one-year statute
of limitations had expired.  The trial court denied the defendant's
motion, holding that there were genuine issues of material fact as to
whether the "discovery rule" applied.  The Court of Appeals reversed,
holding that the discovery rule does not apply - and should not be
extended - to employment-type cases like the plaintiff's.  We affirm,
though under a different rationale, the Court of Appeals' holding that
the trial court erred in concluding that the discovery rule prevents
dismissal.  However, we reverse and remand to the trial court to
consider whether the statute of limitations is tolled by the doctrine
of equitable estoppel.

http://www.tba.org/tba_files/TSC/fahrner_fin.wpd


CONCURRING AND DISSENTING http://www.tba.org/tba_files/TSC/fahrnera_con.wpd
DANNY RAY HOUSE v. STATE OF TENNESSEE Court:TSC Attorneys: John Edward Herbison, Nashville, Tennessee, for the appellant, Danny Ray House. Paul G. Summers, Attorney General and Reporter; Michael Moore, Solicitor General; Todd R. Kelley, Assistant Attorney General, for the appellee, State of Tennessee. Judge: HOLDER First Paragraph: We granted review in this post-conviction case to determine whether a petitioner has a right to disclosure of the identity of a confidential informant for the purpose of mounting a claim of ineffective assistance of counsel based upon trial counsel's failure to seek disclosure. The post- conviction court concluded that counsel's representation in this regard was not deficient and quashed the petitioner's subpoena for attendance of the informant at the evidentiary hearing. The Court of Criminal Appeals reversed the denial of the petition for post-conviction relief, concluding that counsel's performance was deficient. The Court of Appeals directed the post-conviction court to order the State to disclose the informant's identity to allow the petitioner the opportunity to prove prejudice. Upon review, we agree with the Court of Criminal Appeals that counsel's performance was deficient. However, we hold that an in camera hearing is the appropriate procedural vehicle for determining prejudice in this case. We therefore affirm the Court of Criminal Appeals' judgment as modified and remand the case to the post-conviction court for further proceedings consistent with this opinion. http://www.tba.org/tba_files/TSC/housedan.wpd
DISSENTING http://www.tba.org/tba_files/TSC/housedan_dis.wpd
STATE OF TENNESSEE v. ROGER DALE LEWIS Court:TSC Attorneys: Peter D. Heil, Nashville, Tennessee, for the appellant, Roger Dale Lewis. Paul G. Summers, Attorney General and Reporter; Michael Moore, Solicitor General; Marvin E. Clements, Jr., Assistant Attorney General, for the appellee, State of Tennessee. Judge: HOLDER First Paragraph: We granted review of this case to decide whether the "particularly vulnerable victim" enhancement factor, Tenn. Code Ann. S 40-35-114(4), and the "high risk to human life" enhancement factor, Tenn. Code Ann. S 40-35-114(10), were appropriate for Lewis's offense of aggravated arson. We hold that both enhancement factors were appropriate. In addition, we find that the record supports the "multiple victim" enhancement factor found at Tenn. Code Ann. S 40-35-114(3). Accordingly, we affirm the judgment of the Court of Criminal Appeals as modified and affirm the twenty-one-year sentence imposed by the trial court. http://www.tba.org/tba_files/TSC/lewisrog.wpd
JERRY WAYNE MURRAY v. GOODYEAR TIRE & RUBBER COMPANY Court:TSC Attorneys: Randy N. Chism, Union City, Tennessee, for the appellant, Goodyear Tire & Rubber Company. Kyle E. Crowe, Martin, Tennessee, for the appellee, Jerry Wayne Murray. Judge: BARKER First Paragraph: The sole issue presented for review is whether the defendant, at the time of the plaintiff's accident, was the plaintiff's statutory employer as defined by Tennessee Code Annotated section 50-6-113, and therefore liable for workers' compensation benefits. The defendant contracted with the plaintiff's employer for the painting of overhead air ducts in its plant. Subsequently, the plaintiff was injured when he fell from one of these ducts. The trial court determined that the degree of control exercised by the defendant established the defendant as a statutory employer pursuant to the Act. The defendant appealed. The appeal was argued before the Special Workers' Compensation Appeals Panel pursuant to Tennessee Code Annotated section 50-6-225(e), but was transferred to the full Supreme Court prior to the Panel issuing its decision. On appeal, we reverse the judgment of the trial court, holding that the evidence preponderates against the trial court's finding that the defendant is a statutory employer and that therefore, the defendant is not liable for compensation benefits. http://www.tba.org/tba_files/TSC/murrayjw.wpd
RALPH PHILLIP CLAYPOLE, JR. v. STATE OF TENNESSEE Court:TCCA Attorneys: David A. Gold, Nashville, Tennessee, for the appellant, Ralph Phillip Claypole, Jr. Paul G. Summers, Attorney General and Reporter; David H. Findley, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; and Bernard McEvoy, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: GLENN First Paragraph: The petitioner filed a petition for writ of habeas corpus, claiming that the constitutional prohibition against double jeopardy was violated by his multiple sentences. The post-conviction court denied the petition, finding that the judgments of conviction were facially valid. We affirm the order of the post-conviction court dismissing the petition. http://www.tba.org/tba_files/TCCA/claypolerp.wpd
STATE OF TENNESSEE v. LINDA GAIL PHILPOTT (Opinion was first posted in Opinion Flash on May 3, 2001, without Concurring and Dissenting Opinion) Court:TCCA Attorneys: Curtis H. Gann (on appeal) and Andrew Jackson Dearing, (at trial) Asst. Public Defenders, Shelbyville, Tennessee, for the Appellant, Linda Gail Philpot. Paul G. Summers, Attorney General and Reporter, Michael Moore, Solicitor General, Elizabeth T. Ryan, Assistant Attorney General, William Michael McCown, District Attorney General, and Michael Randles, Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: HAYES First Paragraph: Linda Gail Philpot entered "best interest" pleas to forty-one counts of forgery. Pursuant to the negotiated plea agreement, Philpot received an effective sentence of fourteen years. The manner of service, including entitlement to probation, was submitted to the trial court. The trial court denied all forms of alternative sentencing based upon its finding of lack of remorse and poor prospects for rehabilitation. On appeal, Philpot argues that the trial court erred in denying an alternative sentence. After review, we conclude that a sentence of split confinement will best serve the interests of the public and the Appellant. The judgment, accordingly, is reversed and remanded for entry of a sentence of split confinement reflecting a period of thirty-five days confinement in the local jail or workhouse with the remainder of the effective fourteen-year sentence to be served on supervised probation. http://www.tba.org/tba_files/TCCA/philpotlg.wpd
CONCURRING AND DISSENTING http://www.tba.org/tba_files/TCCA/philpotlgcon.wpd
STATE OF TENNESSEE v. JOSHUA JAMES HENRY PUGH Court:TCCA Attorneys: Donna Leigh Hargrove, District Public Defender; Curtis H. Gann, Assistant District Public Defender (on appeal); and Andrew Jackson Dearing, III, Assistant District Public Defender (at trial) for the appellant, Joshua James Henry Pugh. Paul G. Summers, Attorney General and Reporter; Thomas E. Williams, III, Assistant Attorney General; William Michael McCown, District Attorney General; and Weakley E. Barnard, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: GLENN First Paragraph: The defendant appeals his conviction of the sale of less than .5 grams of a Schedule II controlled substance, cocaine, a Class C felony. The trial court sentenced him as a Range II, multiple offender to nine years, three months in the Tennessee Department of Correction, and imposed a $2000 fine. On appeal, the defendant argues that the evidence was insufficient to sustain his conviction, and that his sentence is excessive and contrary to law. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/pughjjh.wpd
STATE OF TENNESSEE v. RANDY R. WILSON Court:TCCA Attorneys: Gregory D. Smith, Clarksville, Tennessee and Roger Nell, District Public Defender, for the appellant, Randall R. Wilson. Paul G. Summers, Attorney General and Reporter; J. Ross Dyer, Assistant Attorney General; John Wesley Carney, Jr., District Attorney General; and Joel Perry, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WILLIAMS First Paragraph: The defendant contends that the State should be barred from revoking his Community Corrections sentence because no detainer was placed on him while he served a six-year prison sentence in North Carolina while his revocation warrant was pending in Tennessee and the State knew of his location. We conclude that the State was under no obligation to file a detainer against the defendant, and that the State was not time barred from proceeding with the Community Corrections revocation after the defendant's return to this state. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/wilsonrr.wpd

PLEASE FORWARD THIS E-MAIL!
Feel free to forward this Opinion Flash on to anyone you know of with an e-mail address.

GET A FULL-TEXT COPY OF AN OPINION!
See the intrsuctions at the beginning of this edition of Opinion Flash.

JOIN TBALink!
While Opinion Flash is a free service of the Tennessee Bar Association, you must be a subscriber to TBALink, the premier Web site for Tennessee attorneys, in order to access the full-text of the opinions or enjoy many other features of TBALink. TBA members may join TBALink for just $50 per year. To join, go to: http://www.tba.org/join.html/

SUBSCRIBE TO OPINION FLASH!
Would you like to receive the TBALink Opinion Flash free each day by e-mail? Anyone, whether a TBA member or not, is welcome to subscribe ... it's free!

For the
Plain Text Version:
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type:
SUBSCRIBE
3) Leave the body of the message blank

For the HTML Text Version:
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type:
SUBSCRIBE HTML
3) Leave the body of the message blank

UNSUBSCRIBE TO OPINION FLASH? ... SURELY NOT!

To STOP receiving TBALink Opinion-Flash:
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type:
UNSUBSCRIBE
3) Leave the body of the message blank


© Copyright 2001 Tennessee Bar Association