June 11, 2001 Volume 7 — Number 106 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 02 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 03 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. Howard Vogel Editor-in-Chief, TBALink GEORGE ROBERT RECTOR v. BRIDGESTONE (U.S.A.), INC. Court:TSC - Workers Comp Panel Attorneys: Kitty Boyte, Nashville, Tennessee for the appellant, Bridgestone (U.S.A.), Inc. L. Gilbert Anglin and Robert O. Bragdon, Murfreesboro, Tennessee for the appellee George Robert Rector Judge: WEATHERFORD 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 defendant, Bridgestone, appeals the judgment of the Chancery Court of Rutherford County where the trial court awarded Mr. Rector a 50% vocational disability for a psychological injury incurred as a result of his employment and found Bridgestone responsible for the cost of future psychiatric treatment as well as the cost of psychiatric treatment previously provided by Dr. Ravi Singh. For the reasons stated in this opinion we affirm the judgment of the trial court. http://www.tba.org/tba_files/TSC_WCP/rectorgeorge.wpd SHEREE SAPP v. COVENANT TRANSPORT, INC., et al. Court:TSC - Workers Comp Panel Attorneys: Robert J. Uhorchuk, Spicer, Flynn & Rudstrom, Chattanooga, Tennessee, for the appellants, Covenant Transport, Inc. and Travelers Insurance Companies. William Joseph Butler, Debbie C. Holliman, Farrar & Holliman, Lafayette, Tennessee, for the appellee, Sheree Sapp. Judge: LOSER First Paragraph: This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. S 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. In this appeal, the employer and its insurer contend: (1) the trial court erred in finding the employee's carpal tunnel syndrome to be work-related; (2) the trial judge's comments concerning a potential expert and matters not in evidence demonstrated bias and lack of impartiality; (3) the trial court erred in not finding the employee's unilateral initiation and selection of medical treatment and refusal to report for light duty barred any claim for temporary total, permanent partial and/or medical benefits; (4) the trial court erred in finding that adequate and proper notice of a workers' compensation claim was provided; (5) the trial court erred in assessing bad faith penalties on outstanding medical expenses, temporary total disability benefits and accrued permanent partial disability benefits; (6) the trial court erred in finding that it was appropriate that the employee's attorney put in the record counsel's attendance at the employer's medical examination, and thus attempting to bolster the testimony of the employee; and (7) the trial court's award of permanent partial disability benefits was excessive. As discussed below, the panel has concluded the trial court erred in assessing a 25 percent penalty on accrued permanent partial disability benefits and in assessing a penalty on unpaid medical benefits, but that the judgment should otherwise be affirmed. http://www.tba.org/tba_files/TSC_WCP/sappsheree.wpd STATE OF TENNESSEE v. SHARON LEMING Court:TCCA Attorneys: Jefre S. Goldtrap, Nashville, Tennessee (on appeal); Lionel R. Barrett, Jr., Nashville, Tennessee (at trial), for the appellant, Sharon Leming. Paul G. Summers, Attorney General & Reporter; Russell S. Baldwin, Assistant Attorney General; Dan Mitchum Alsobrooks, District Attorney General; and Lisa Donegan, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WOODALL First Paragraph: This is Defendant, Sharon Leming's, second appeal as of right to this Court. See State v. Leming, 3 S.W.3d 7 (Tenn. Crim. App. 1998). In both Defendant's first and second trial, a Humphreys County jury convicted her of premeditated first degree murder. After the Defendant's initial appeal, this Court reversed and remanded the case for a new trial due to the erroneous admission of testimony regarding statements made by the victim as to his fear of the Defendant. Following a second trial, the Defendant received a sentence of life imprisonment to be served in the Tennessee Department of Correction. In this second appeal as of right, the Defendant presents the following issues for our review:1) whether the trial court erred in ruling that the Defendant was mentally competent to stand trial; 2) whether the evidence was sufficient to convict the Defendant of first degree murder; 3) whether the trial court erroneously admitted statements by the Defendant that she would kill her husband before she would allow him to leave her; 4) whether the trial court erred in excluding testimony that the Defendant had stated that she needed a gun to protect herself from friends of the deceased; and 5) whether the trial court erred in denying Defendant's request for a mistrial, when the trial court declined to instruct the jury that a sentence of life with the possibility of parole would require that the Defendant serve a minimum of fifty-one years. Based upon our review of the record and the parties' briefs, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/lemings.wpd STATE OF TENNESSEE v. ANDRE L. MAYFIELD Court:TCCA Attorneys: David H. Hornik, Nashville, Tennessee, for the appellant, Andre L. Mayfield. Paul G. Summers, Attorney General and Reporter; Todd R. Kelley, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; Lisa A. Naylor, Assistant District Attorney General; and Charles A. Carpenter, Assistant District Attorney General; for the appellee, State of Tennessee. Judge: WEDEMEYER First Paragraph: In 1999, the Defendant was tried by a Davidson County jury and found guilty of aggravated robbery, aggravated rape, rape, and two counts of aggravated kidnapping for crimes perpetrated on two victims. Following a sentencing hearing, the trial court sentenced the Defendant to an effective sentence of fifty years. In this appeal as of right, the Defendant argues that (1) the trial court erred by failing to sever the offenses against one victim from those against the second victim; (2) the trial court erred by failing to admonish the jury not to view, listen to, or read any news coverage of the case during trial; (3) the trial court erred by failing to grant his two motions for a mistrial; (4) the evidence presented at trial was insufficient to support his convictions; (5) the trial court erred by allowing the State to introduce evidence of the age of one victim; (6) the trial court erred by allowing into evidence altered documents and by instructing the jury that the documents were altered to remove inadmissible evidence; (7) the trial court erred by allowing into evidence inadmissible hearsay statements; (8) the trial court erred by refusing to instruct the jury on lesser-included offenses requested by the defense; and (9) the trial court sentenced him improperly. Having thoroughly reviewed the record in this case, we affirm the judgment of the trial court, as modified to indicate that the Defendant was sentenced as a Range II Multiple Rapist for the rape conviction. http://www.tba.org/tba_files/TCCA/mayfieldal.wpd STATE OF TENNESSEE v. NATHANIEL T. WILLIAMS Court:TCCA Attorneys: Michael J. Flanagan (on appeal) and Justin Johnson (at trial), Nashville, Tennessee, for the appellant, Nathaniel T. Williams. Paul G. Summers, Attorney General and Reporter; Thomas E. Williams, III, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; Charles Carpenter, Assistant District Attorney General; and Pamela Anderson, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: GLENN First Paragraph: The defendant was convicted by a Davidson County Criminal Court jury of second degree murder and the possession of a weapon by a convicted felon for shooting a man to death in an automobile shop. The sole issue on appeal is whether the evidence was sufficient to support his conviction of second degree murder. Specifically, the defendant contends that the State failed to offer sufficient proof of the victim's cause of death. In support of his claim, he argues that the autopsy report, which states the cause of death as multiple gunshot wounds, was improperly admitted into evidence, that the medical examiner never directly testified that the victim died of gunshot wounds, and that no other evidence was presented to prove cause of death. After a thorough review, we conclude that the defendant waived any objection to the admission of the autopsy report by his failure to object at trial, and further, that sufficient evidence, other than the autopsy report, was presented to show that the victim died as the result of gunshot wounds. Consequently, the evidence at trial was sufficient to establish the defendant's guilt of second degree murder beyond a reasonable doubt. The judgment of the trial court is affirmed. http://www.tba.org/tba_files/TCCA/williamsnt.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! 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