July 18, 2001
Volume 7 — Number130

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):
 
01 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
03 New Opinion(s) from the Tennessee Court of Appeals
00 New Opinion(s) from the Tennessee Court of Criminal Appeals
02 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
 

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Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink

BVT LEBANON SHOPPING CENTER, LTD v. WAL-MART STORES, INC., et al.
Court:TSC
A petition for rehearing has been filed on behalf of appellants,
Wal-Mart Stores, Inc. and Kuhn's Big K Stores Corp.  After
consideration of the same, the petition is denied at the cost of
appellants.

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


DARRELL D. CANNON v. DEPARTMENT OF CORRECTION, STATE OF TENNESSEE, et al. Court:TCA Attorneys: Darrell D. Cannon, Pro se. Paul G. Summers, Attorney General and Reporter, Michael E. Moore, Solicitor General, and Dawn Jordan, Assistant Attorney General, for the appellee, Department of Correction, State of Tennessee. Judge: FARMER First Paragraph: This appeal arises from an action challenging the calculation of sentence reduction credits for an inmate in the custody of the Department of Corrections. After the inmate filed a petition claiming that he had been denied such credits, Department filed motion for summary judgment supported by an affidavit stating that Inmate's sentence had been properly calculated. Inmate failed to respond in a manner as required by Rule 56.06 Tenn. R. Civ. P. to establish that any genuine issues of material fact existed. As a result, trial court granted summary judgment motion. We affirm. http://www.tba.org/tba_files/TCA/cannondarrell.wpd
CLARENCE EUGENE LEWIS v. STATE OF TENNESSEE Court:TCA Attorneys: Clarence Eugene Lewis, Nashville, Tennessee, Pro Se. Paul G. Summers, Attorney General and Reporter; Michael E. Moore, Solicitor General; and Mark A. Hudson, Senior Counsel, for the appellee, State of Tennessee. Judge: CANTRELL First Paragraph: A prisoner in the custody of the Department of Correction suffered a severe hand injury while working in a prison industries workshop. He submitted a claim to the Tennessee Claims Commission, contending that negligence on the part of his supervisors caused his injuries. Following a hearing, the Commissioner dismissed his claim, finding that the prisoner's own negligence was more than 50% of the cause of his injuries. We affirm. http://www.tba.org/tba_files/TCA/lewisce.wpd
JEFFERY E. TOLBERT v. TENNESSEE DEPARTMENT OF CORRECTION Court:TCA Attorneys: Jeffery E. Tolbert, Clifton, Tennessee, Pro Se. Paul G. Summers, Attorney General and Reporter, Michael E. Moore, Solicitor General, Stephanie R. Reevers, Senior Counsel, for the appellee, State of Tennessee. Judge: COTTRELL First Paragraph: The petitioner sought a declaratory judgment regarding the computation of his prison sentence by the Department of Correction. The Department made a correction, essentially consistent with the petitioner's request, and filed documents demonstrating that all but two of the petitioner's sentences have expired. We affirm the trial court's dismissal of the claims remaining in the petition because the petitioner has failed to demonstrate his entitlement to additional sentence reduction credits for a sentence imposed in 1983 which has expired or to pretrial jail credits for a sentence imposed in 1983 but to be served consecutively to four other sentences. http://www.tba.org/tba_files/TCA/tolbertj.wpd
Salary of Roane County General Sessions Judge Date: July 6, 2001 Opinion Number: 01-109 http://www.tba.org/tba_files/AG/OP109.pdf
Hamblen County General Sessions Judge's Salary Date: July 6, 2001 Opinion Number: 01-110 http://www.tba.org/tba_files/AG/OP110.pdf

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