July 6, 2001 Volume 7 — Number 123 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 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 MARSHALL KEY v. SAVAGE ZINC, INC. Court:TSC - Workers Comp Panel Attorneys: Mark C. Travis, Cookeville, Tennessee, for the appellant, Savage Zinc, Inc. Hugh Green, Lebanon, Tennessee, for the appellee, Marshall Key Judge: WEATHERFORD First Paragraph: This workers' compensation appeal had 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, Savage Zinc, Inc., appeals the judgment of the Criminal Court of Smith County where the trial court found Mr. Key to have a 14% anatomical impairment and awarded 35% permanent partial disability to the body as a whole for a work-related shoulder injury. For the reasons stated in this opinion, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TSC_WCP/keymarshall.wpd THE BANK/FIRST CITIZENS BANK v. CITIZENS AND ASSOCIATES, ALLIED MORTGAGE CAPITAL CORPORATION, FRIEDA GRAY, and HENRY GRAY, A/K/A JAMES GRAY, and FIRST TENNESSEE BANK WITH DISSENTING OPINION Court:TCA Attorneys: Charles W. Kite, Sevierville, Tennessee, for Appellant, Citizens and Associates. George N. McCoin, Cleveland, Tennessee, for Appellee, The Bank/First Citizens Bank. Thomas Crutchfield, Chattanooga, Tennessee, for Appellee, Allied Mortgage Capital Corporation. Ginger F. Wilson, Cleveland, Tennessee, for Appellee, First Tennessee Bank. Judge: FRANKS First Paragraph: Drawer of checks and Bank failed to exercise ordinary care in transactions under Tenn. Code Ann. S47-3-406. Drawer was assessed 80% of fault and Bank 20%. Drawer appeals. We affirm, as modified. http://www.tba.org/tba_files/TCA/firstcit_opn.wpd DISSENTING OPINION http://www.tba.org/tba_files/TCA/firstcit_dis.wpd EDDIE F. DEPRIEST v. KEVIN MEYERS, WARDEN Court:TCCA Attorneys: Eddie F. Depriest, Clifton, Tennessee, Pro Se. Paul G. Summers, Attorney General and Reporter; Peter M. Coughlan, Assistant Attorney General; Mike Bottoms, District Attorney General; and Todd R. Kelley, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WOODALL First Paragraph: The petitioner, Eddie F. Depriest, appeals as of right from the Wayne County Circuit Court's dismissal of his petition for habeas corpus relief. Petitioner claims that the circuit court lacked the necessary jurisdiction to convict him because he was a juvenile when he committed the offense and a proper transfer hearing had not been conducted. After a review of the record, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/depriestel.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! 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