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   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 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 PLEASE FORWARD THIS E-MAIL! Feel free to forward this Opinion Flash on to anyone you know of with an e-mail address. 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