October 18, 2001
Volume 7 — Number 193

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

LOUANA KLOPFENSTEIN v. WINDWOOD HEALTH REHAB CTR., et al.

Court:TSC - Workers Comp Panel

Attorneys:   

David M. Sanders, Knoxville, Tennessee, for the appellants, Windwood
Health Rehab Ctr., et al.

Roger Ridenour, Knoxville, Tennessee, for the appellee, Louana
Klopfenstein.

Judge: BYERS

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.

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


DAYNELLE M. KYLE v. STATE OF TENNESSEE Court:TCCA Attorneys: Albert J. Newman, Jr., Knoxville, Tennessee, for the appellant, Daynelle M. Kyle. Paul G. Summers, Attorney General and Reporter; Elizabeth B. Marney, Assistant Attorney General; Randall E. Nichols, District Attorney General; C. Leon Franks, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: GLENN First Paragraph: The petitioner was convicted of possession of cocaine with intent to sell and sentenced to twelve years in confinement. His conviction was affirmed by this court on direct appeal. He then filed a petition for post-conviction relief alleging, inter alia, that trial counsel was ineffective. Following a hearing, the post-conviction court denied relief, and the petitioner appealed. After a thorough review, we affirm the judgment of the post-conviction court. http://www.tba.org/tba_files/TCCA/kyledaynellem.wpd
STATE OF TENNESSEE, Respondent/Appellee v. EDWARD ALAN SCARBROUGH, ALIAS, Defendant; INTERNATIONAL FIDELITY INSURANCE COMPANY, Petitioner/Appellant Court:TCCA Attorneys: Jeff Whitt, Knoxville, Tennessee, for the Defendant, Edward Alan Scarbrough; Linda J. Hamilton Mowles and John King, Knoxville, Tennessee, for the petitioner/appellant, International Fidelity Insurance Company. Paul G. Summers, Attorney General and Reporter; Elizabeth B. Marney, Assistant Attorney General; Randall E. Nichols, District Attorney General; and William Crabtree, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WOODALL First Paragraph: The defendant, Edward Alan Scarbrough, failed to appear for a scheduled court date on September 21, 1999. Conditional forfeiture was taken on bail bonds in the total amount of $125,000.00. The surety for these bail bonds was International Fidelity Insurance Company, which was obligated through its agent, Gary's Bail Bonds, Inc. Defendant was not returned to custody until after the time period for final forfeiture had expired. International Fidelity Insurance Company filed a timely petition to be granted full exoneration. The trial court, after a hearing, granted partial exoneration and ordered International Fidelity Insurance Company to pay $55,000.00. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/scarbroughedwardalan.wpd
STATE OF TENNESSEE v. DANIEL RAY STYLES Court:TCCA Attorneys: Susanna L. Thomas, Newport, Tennessee, for the appellant, Daniel Ray Styles. Paul G. Summers, Attorney General and Reporter; Mark A. Fulks, Assistant Attorney General; Al C. Schmutzer, Jr., District Attorney General; and James B. Dunn, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WOODALL First Paragraph: The defendant, Daniel Ray Styles, was convicted of felony escape, aggravated assault, aggravated robbery, theft over $1,000, and aggravated criminal trespassing. The trial court imposed an effective sentence of fourteen years. On appeal, Defendant raises the following issues: (1) whether the trial court erred by failing to dismiss his case on the ground that his right to a speedy trial was violated; (2) whether the trial court erred in allowing the State to amend the indictments; (3) whether the indictment charging felony escape was facially void because it was unsigned; and (4) whether the trial court erred by failing to require the State to make an election between aggravated assault and aggravated robbery. After a review of the record, we affirm the judgment of the trial court regarding Defendant's convictions and sentences for aggravated robbery, felony escape, and aggravated criminal trespassing. However, we reverse and dismiss Defendant's convictions for aggravated assault and theft as violative of constitutional prohibitions against double jeopardy. http://www.tba.org/tba_files/TCCA/stylesdr.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