September 13, 2001
Volume 7 — Number 168

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

SUSAN MASON  v. OLD TIME POTTERY, INC., et al.

Court:TSC - Workers Comp Panel

Attorneys:    

Luther E. Cantrell, Jr., Nashville, Tennessee, for the appellant,
Susan Mason.

Robert R. Davies, Nashville, Tennessee, for the appellee, Old Time
Pottery.

E. Blaine Sprouse, Assistant Attorney General, Nashville, Tennessee,
for the appellee, James Farmer, Director of the Division of Workers'
Compensation, Tennessee Department of Labor, Second Injury Fund.                

Judge: CATALANO

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 plaintiff, Ms. Susan Mason, appeals the judgment of the
trial court dismissing the case at the conclusion of trial after
finding that Ms. Mason did not sustain a compensable workers'
compensation injury because did not carry her burden of proof that the
fall she had while working for the defendant, Old Time Pottery, 
aggravated her pre-existing condition and/or caused her to have back
surgery.  The trial court also ruled that had it found that this had
been a work-related injury it would have awarded Ms. Mason a 35%
permanent partial disability to the body as a whole.  For the reasons
set out in this opinion, we affirm the judgment of the trial court.

http://www.tba.org/tba_files/TSC_WCP/masonsusan.wpd


STATE OF TENNESSEE v. CHARLIE LOGAN Court:TCCA Attorneys: Randall A. York, Crossville, Tennessee, for the appellant, Charlie Logan. Paul G. Summers, Attorney General and Reporter; Angele M. Gregory, Assistant Attorney General; Bill Gibson, District Attorney General; and Dale Potter, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WELLES First Paragraph: The Defendant was indicted on twelve counts of aggravated rape and six counts of statutory rape. He pled guilty to four counts of statutory rape, a Class E felony, with an agreed sentence of two years on each count, to be suspended upon service of thirty days. The trial court ordered the sentences to run consecutively, which ruling the Defendant now appeals. The Defendant also appeals the court's denial of his application for judicial diversion. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/loganc.wpd
STATE OF TENNESSEE v. KERMIT PENLEY, JAMA PENLEY and ANGELA CUNNIFF Court:TCCA Attorneys: Paul G. Summers, Attorney Genereal & Reporter, Jennifer L. Smith, Assistant Attorney General, for the appellee, State of Tennessee Susanna Laws Thomas, Newport, Tennessee, for the appellee, Kermit Penley. Francis Xavier Santore, Francis X. Santore, Jr., Greeneville, Tennessee, for the appellee, Jama Penley. William Louis Ricker, William Hall Bell, Greeneville, Tennessee, for the appellee, Angela Michelle Cunniff. Judge: WITT First Paragraph: The State of Tennessee has applied to this court for permission to pursue an interlocutory appeal pursuant to Tennessee Rule of Appellate Procedure 10. In its application, the State complains that because the grand jury had yet to take action to charge the respondents in connection with a homicide, the Greene County Circuit Court was not empowered to conduct pretrial conferences, to enter pretrial orders, to set a trial date, or to order the state to file its notice of intent to seek the death penalty or life without possibility of parole. We grant the Rule 10 appeal and generally vacate the lower court's pretrial conference orders. http://www.tba.org/tba_files/TCCA/penley.wpd
STATE OF TENNESSEE v. FRANK MICHAEL VUKELICH Court:TCCA Attorneys: Everett Williams, JJ., joined. Peter J. Strianse, Nashville, Tennessee, for appellant, Frank Michael Vukelich. Paul G. Summers, Attorney General & Reporter; David H. Findley, Assistant Attorney General; Victor S. Johnson, District Attorney General; and John Zimmermann, Assistant District Attorney, for appellee, State of Tennessee. Judge: SMITH First Paragraph: On December 8 through December 17, 1998, Frank Vukelich, the Defendant and Appellant, was tried in the Davidson County Criminal Court for one count of conspiracy to deliver 700 pounds or more of marijuana, three counts of conspiracy to commit money laundering, and five counts of money laundering. The jury found the Defendant not guilty of one count of conspiracy to commit money laundering, but guilty on all other counts. Following a subsequent sentencing hearing, the court effectively sentenced the Defendant to thirty-four years of incarceration and ordered the Defendant to pay fines totaling $180,000. After a hearing regarding the Defendant's motion for new trial, however, the trial court dismissed four money laundering counts. The Defendant appeals here, arguing; (1) that the trial court erroneously allowed the consolidation of indictments; (2) that although the trial court correctly dismissed four money-laundering counts, the trial court erred by refusing to dismiss the counts prior to trial, thus prejudicing the Defendant; (3) that the trial court erroneously denied the Defendant's motion to suppress the fruits of two search warrants executed at the Defendant's home; (4) that the Defendant's confrontation rights were violated by the introduction of hearsay at trial; (5) that the trial court erroneously refused to grant a mistrial; (6) that the trial court erroneously allowed the introduction of prior acts of the Defendant at trial; and (7) that his sentence is excessive. The State also appeals here, arguing that the trial court's dismissal of the four money-laundering counts was erroneous. After a review of the record, we hold that the trial court erroneously dismissed the four money laundering counts, and those counts must be reinstated. As to the Defendant's claims, we find no merit. Accordingly, the judgment of the trial court is affirmed in part and reversed in part. http://www.tba.org/tba_files/TCCA/vukelichfrank.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!

For the
Plain Text Version:
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type:
SUBSCRIBE
3) Leave the body of the message blank

For the HTML Text Version:
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type:
SUBSCRIBE HTML
3) Leave the body of the message blank

UNSUBSCRIBE TO OPINION FLASH? ... SURELY NOT!

To STOP receiving TBALink Opinion-Flash:
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type:
UNSUBSCRIBE
3) Leave the body of the message blank


© Copyright 2001 Tennessee Bar Association