September 7, 2001 Volume 7 — Number 164 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):   02 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 01 New Opinion(s) from the Tennessee Court of Appeals 02 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 CUTLER-HAMMER, A DIVISION OF EATON CORP. v. TIMOTHY L. CRABTREE Court:TSC Attorneys: Robert S. Thompson, Cleveland, Tennessee, for the appellant, Timothy L. Crabtree. George Lane Foster, Chattanooga, Tennessee, for the appellee, Cutler-Hammer, a division of Eaton Corp. Judge: BIRCH First Paragraph: We granted review in this cause to determine whether the trial court erred in finding Timothy L. Crabtree permanently and totally disabled as a result of mental and physical injuries sustained while working for Cutler-Hammer. Crabtree injured his back while working on a production line; then, during treatment for the back injury, he developed severe depression. The trial court found that Crabtree was permanently and totally disabled as a result of the combined effect of his mental and physical injuries. The Special Workers' Compensation Appeals Panel rejected this finding, concluding instead that Crabtree's mental disorder was not compensable because it was not connected to his back injury, which was compensable. On review, we conclude that Crabtree's mental disorder resulted from his physical injury. We hold, therefore, that Crabtree's mental disorder is compensable, and we affirm the judgment of the trial court. http://www.tba.org/tba_files/TSC/cutlerhammer.wpd STATE OF TENNESSEE v. MICHAEL D. SIMMONS Court:TSC Attorneys: Cynthia F. Burnes, Nashville, Tennessee, for the appellant, Michael D. Simmons. Paul G. Summers, Attorney General & Reporter; Michael E. Moore, Solicitor General; Jennifer L. Smith, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; Lisa Naylor, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: DROWOTA First Paragraph: Appellant, Michael Dewayne Simmons, pled guilty to felony theft of property and aggravated robbery but reserved for appeal pursuant to Tennessee Rule of Criminal Procedure 37(b)(2)(i) the following certified question of law: whether the defendant was denied his federal and state constitutional right to a speedy trial. The Court of Criminal Appeals concluded that Simmons had not been deprived of his speedy trial right. We granted Simmons' application for permission to appeal to determine whether a speedy trial violation occurred in this case where the only prejudice allegedly resulting from the delay is the defendant's lost possibility of concurrent sentencing with a sentence imposed for a prior unrelated offense. Because the delay of twenty-three months was not egregious, the reason for the delay was negligence or administrative oversight, and the only prejudice alleged is the lost possibility of serving a concurrent sentence, we conclude that the defendant's right to a speedy trial has not been violated. Accordingly, we affirm the judgment of the Court of Criminal Appeals upholding the trial court's denial of the defendant's motion to dismiss. http://www.tba.org/tba_files/TSC/simmonsmichaeld.wpd MARILYN WILLOCKS JEFFRIES v. IRENE GAMBLE, et al. Court:TCA Attorneys: David R. Duggan, Maryville, Tennessee for the Appellants Irene Gamble and Roma Lois Gamble. Chris Ralls, Maryville, Tennessee for the Appellee Marilyn Willocks Jeffries. Judge: SWINEY First Paragraph: After purchasing approximately 30 acres of land from Defendant, Plaintiff later discovered that the deed had been incorrectly drafted. Plaintiff brought suit seeking to have the deed reformed. The Trial Court held that Plaintiff had proven by clear and convincing evidence that the parties had intended for a .61 acre tract of land to be part of the property sold to Plaintiff and the deed should, therefore, be reformed to include this additional land. Defendants appeal. We affirm. http://www.tba.org/tba_files/TCA/jeffriesm.wpd STATE OF TENNESSEE v. KENNETH CHAMBLY Court:TCCA Attorneys: Ardena J. Garth, District Public Defender, and Donna Robinson Miller, Assistant District Public Defender (on appeal and on motion for new trial), and James F. Logan, Jr., Cleveland, Tennessee (at trial), for the appellant, Kenneth Chambly. Paul G. Summers, Attorney General and Reporter; Elizabeth B. Marney, Assistant Attorney General; William H. Cox, III, District Attorney General; and Kelli Black, Dara Draper, and Rodney C. Strong, Assistant District Attorney Generals, for the appellee, State of Tennessee. Judge: TIPTON First Paragraph: The defendant, Kenneth Chambly, appeals his convictions for three charges of aggravated sexual battery for which he received an effective sentence of ten years without parole. He raises various issues on appeal. We reverse the convictions and remand the case for a new trial because of the failure of the state to elect offenses and the failure of the trial court to instruct the jury regarding the need for offense unanimity in the verdict. We also conclude that the trial court imposed an improper sentence of ten years for one of the convictions. http://www.tba.org/tba_files/TCCA/chamblyk.wpd LAWRENCE A. STRICKLAND v. JAMES BOWLEN, Warden Court:TCCA Attorneys: Lawrence A. Strickland, Appellant, Pro Se. Paul G. Summers, Attorney General and Reporter; Patricia C. Kussman, Assistant Attorney General; James Michael Taylor, District Attorney General; James W. Pope, Assistant District Attorney General; and Peter Martin Coughlan, Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: WITT First Paragraph: The petitioner, Lawrence A. Strickland, appeals the Bledsoe County Circuit Court's dismissal of his petition for habeas corpus relief, which challenged his 1997 guilty-plea-based, Roane County conviction of aggravated sexual battery. Based upon our de novo review of matters of law, we conclude that the sentence imposed by the conviction court was void, although we reject the petitioner's claim that the indictment is invalid. We reverse the judgment of the lower court and grant habeas corpus relief in the form of declaring the petitioner's Roane County sentence void. Because the conviction rests upon a guilty plea that, in turn, was premised upon the agreed sentence being valid, we vacate the petitioner's conviction and sentence. The conviction court shall afford the petitioner the opportunity to withdraw his guilty plea pursuant to Tennessee Rule of Criminal Procedure 11(e)(4). http://www.tba.org/tba_files/TCCA/stricklandla.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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