June 14, 2001 Volume 7 — Number 108 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 02 New Opinion(s) from the Tennessee Court of Appeals 01 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 H. Vogel Knoxville, Tennessee Editor-in-Chief, TBALink GARY L. HOLT, SR. v. OZBURN-HESSEY MOVING COMPANY and AMERICAN ALTERNATIVE INSURANCE CORPORATION Court:TSC - Workers Comp Panel Attorneys: Jeffrey P. Boyd, Jackson Tennessee, for the appellant, Ozburn-Hessey Moving Company James R. Tomkins, Nashville, Tennessee, for the appellee, Gary L. Holt, Sr. Judge: RUSSELL 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 Section 50-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. The Appellant appeals from the amount of the award of permanent partial disability benefits. After a complete review of the entire record, the briefs of the parties, and the applicable law, we affirm the award made by the trial court. http://www.tba.org/tba_files/TSC_WCP/holtgaryopn.wpd KRISTIN B. HUNTLEY v. WILLIAM SIDNEY HUNTLEY Court:TCA Attorneys: John P. Konvalinka and Mathew D. Brownfield, Chattanooga, Tennessee, for the Appellant, William Sidney Huntley. Glenna M. Ramer, Chattanooga, Tennessee, for the Appellee, Kristin B. Huntley. Judge: SWINEY First Paragraph: In this child support modification action, the Trial Court held that a significant variance existed between William Sidney Huntley's ("Defendant") child support obligation set by the parties' Marital Dissolution Agreement ("MDA") and the amount mandated by the Child Support Guidelines ("Guidelines"). The Trial Court ordered an increase in child support consistent with the Guidelines. Because the Guidelines' flat percentage amount of child support totaled approximately $6,600 per month, the Trial Court ordered it be divided between child support payments of $3,100 and payments to a non-educational trust ("Trust") in the amount of $3,500. Defendant appeals and primarily contends that his child support obligation should not be increased to the Guidelines' flat percentage amount because that amount exceeds a reasonable amount of child support and because the MDA controls his child support obligation despite any increases in his income. Kristin B. Huntley ("Plaintiff") also raises issues on appeal, primarily regarding the Trust. We affirm. http://www.tba.org/tba_files/TCA/huntley.wpd ROY EUGENE SCHRIMSHER v. SHERRY LYNN SCHRIMSHER Court:TCA Attorneys: Gerald C. Russell, Maryville, Tennessee, for Appellant, Sherry Lynn Schrimsher (Roberts) Charles E. Ridenour, Sweetwater, Tennessee, for Appellee, Roy Eugene Schrimsher Judge: GODDARD First Paragraph: This is a post divorce custody dispute. Mother seeks custody of the two minor children because she believes the children are dependent and neglected. Father seeks an increase in child support for the children. Mother requested the Trial Judge to hear the testimony of the children who were 12 and 11 at the time. The children were the witnesses to the acts complained of in the petition to change custody. Mother could only present hearsay evidence from the children. The Trial Judge refused to hear the testimony of the children and continued custody with Father and increased Mother's child support. Mother then filed this appeal. We vacate the decision of the trial court and remand for the purpose hereinafter set out. http://www.tba.org/tba_files/TCA/schrimsherroy.wpd STATE OF TENNESSEE v. JAMES WESLEY OSBORNE Court:TCCA Attorneys: Edward C. Miller, Public Defender, Dandridge, Tennessee, for the appellant, James Wesley Osborne. Paul G. Summers, Attorney General and Reporter; Elizabeth B. Marney, Assistant Attorney General; Alfred C. Schmutzer, Jr., District Attorney General; and Charles L. Murphy, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WEDEMEYER First Paragraph: The Defendant, James Wesley Osborne, was convicted by a Jefferson County jury of first degree murder. The Defendant was sentenced to life imprisonment. The Defendant appeals, arguing the following: (1) that there was insufficient evidence to convict him of first degree premeditated murder, (2) that the trial court's manner of jury selection was in violation of Rule 24(c) of the Tennessee Rules of Criminal Procedure, (3) that the trial court erred by admitting into evidence photographs of a serrated knife found in the victim's home and photographs of two bayonets found in the Defendant's vehicle, (4) that the trial court erred by admitting into evidence an order of protection obtained by the victim against the Defendant and previous threats made by the Defendant to the victim and members of her family, (5) that the trial court erred by admitting into evidence testimony that the victim hid the Defendant's gun collection shortly before she was killed; (6) that the trial court erred by allowing autopsy photographs of the victim to be admitted into evidence, and (7) that the trial court erred in denying the Defendant's request for a voluntary manslaughter jury instruction. Finding no reversible error, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/osbornejw.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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