November 7, 2001
Volume 7 — Number 207

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
02 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
 

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

TERRY  LEE MATTHEWS v. LARRY OUTLAND, et al.

Court:TSC - Workers Comp Panel

Attorneys:

Joe Bednarz and Joe Bednarz, Jr., Nashville, Tennessee, for the
appellant Terry Lee Matthews.

Blakeley D. Matthews and Kristen Murphy Anderson, Nashville,
Tennessee, for the appellee Waverly Wood Products, Inc.                         

Judge: WEATHERFORD

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 S50-6-225(e)(3) for hearing and
reporting to the Supreme Court of findings of fact and conclusions of
law.  The plaintiff, a logger employed by L&L Logging Co. who was
injured when a tree fell on him, appeals the judgment of the trial
court in which the trial court found: 1) that Waverly Wood Products, a
sawmill, was not a statutory employer under Tennessee Code Annotated S
50-6-113 and 2) the plaintiff had sustained a 10% permanent partial
disability to the body as a whole.  After a complete review of the
entire record, the briefs of the parties, and the applicable law, we
affirm the judgment of the trial court.

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



RUBY FOSHIE, et al. v. WARREN BLAKE FOSHIE, et al. IN RE: WILLIS FOSHIE Court:TCA Attorneys: Mark A. Cowan, Morristown, Tennessee, for the Appellants Warren Blake Foshie and Willis Foshie. Douglas R. Beier, Morristown, Tennessee, for the Appellees Ruby Foshie and Darlene Holbert. Judge: SWINEY First Paragraph: This appeal challenges the Trial Court's conclusion that Willis Foshie's wife, Ruby Foshie, and his daughter, Darlene Holbert, ("Petitioners") should be appointed co-conservators over the estate and person of Willis Foshie, and the Trial Court's conclusion that Willis Foshie's gift of a truck to his grandson, Warren Foshie, was the result of undue influence. We were provided neither a trial transcript nor a complete and accurate statement of the evidence which complies with Tenn. R. App. P. 24(c). We affirm. http://www.tba.org/tba_files/TCA/foshier.wpd
HAROLD LEE JACKSON v. JIM ROUT, Mayor of Shelby County, et al. Court:TCA First Paragraph: In this case, it is ordered that the Opinion of the Court filed October 12, 2001 be and the same is hereby withdrawn. http://www.tba.org/tba_files/TCA/jacksonhar.wpd
DANNY W. HOBBS v. STATE OF TENNESSEE Court:TCCA Attorneys: Daniel B. Minor, Kingsport, Tennessee, for the appellee, Danny W. Hobbs. Paul G. Summers, Attorney General and Reporter; Peter M. Coughlan, Assistant Attorney General; H. Greeley Wells, Jr., District Attorney General; and Robert H. Montgomery, Jr., Assistant District Attorney General, for the appellant, State of Tennessee. Judge: WOODALL First Paragraph: The Petitioner/Appellee, Danny W. Hobbs, filed a petition for post conviction relief in the Criminal Court of Sullivan County. The petition was filed after expiration of the applicable statute of limitations. The trial court granted post-conviction relief and the State appeals. After review, we reverse the judgment of the trial court. http://www.tba.org/tba_files/TCCA/hobbsdannyw.wpd
STATE OF TENNESSEE v. JOSEPH E. SKELTON Court:TCCA Attorneys: Mark E. Stephens, District Public Defender; David Gall, Assistant Public Defender; and Paula R. Voss, Assistant Public Defender, for the appellant, Joseph E. Skelton. Paul G. Summers, Attorney General and Reporter; Patricia C. Kussmann, Assistant Attorney General; Randall E. Nichols, District Attorney General; and Robert L. Jolley, Jr., Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WOODALL First Paragraph: Following Defendant's conviction for aggravated assault, this Court granted his application for extraordinary appeal pursuant to Tenn. R. App. P. 10 to determine whether a second trial on the matter of guilt for attempted first degree murder, an offense charged in Defendant's first trial but upon which the jury could not reach a unanimous verdict, would violate principles of double jeopardy. After a review of the facts and relevant law, we dismiss the count of the presentment charging attempted first degree murder and remand this case for sentencing on his conviction for aggravated assault. http://www.tba.org/tba_files/TCCA/skeltonjosephe.wpd

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