November 19, 2001 Volume 7 — Number 214 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 02 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 08 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 LISA ANNETTE BARLAR v. JOHNSON CONTROL Court:TSC - Workers Comp Panel Attorneys: Joseph Ward Henry, Jr., Henry, Henry & Speer, Pulaski, TN, for the appellant, Johnson Control. Richard Thomas Matthews, Matthews & Tisher, Columbia, TN, for the appellee, Lisa Annette Barlar. Judge: GAYDEN First Paragraph: This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel in accordance with Tenn. Code Ann. S 50-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. In determining whether the employee's asthma was an occupational disease, the trial court considered conflicting medical testimony, the employee's workplace conditions, and the employee's history of smoking. The employer contends the trial court erred (1) when it held that the plaintiff's asthma arose out of and in the scope of her employment, (2) in finding that the plaintiff's asthma is permanent, and (3) in awarding the employee 45% permanent partial disability to the whole body. The Panel has concluded that the judgment of the trial court should be affirmed. http://www.tba.org/tba_files/TSC_WCP/barlarlisaannette.wpd DIANE CRAWFORD v. CROTTY-TENN, INC. Court:TSC - Workers Comp Panel Attorneys: Hal W. Wilkins, Leitner, Williams, Dooley & Napolitan, Nashville, TN for the defendant- appellant Crotty-Tenn, Inc. (AIG). Robert R. Davies, Davies, Humphreys & Evans, Nashville, TN for the defendant-appellee Crotty-Tenn, Inc. (EBI). William E. Halfacre, III, Madewell, Jared, Halfacre & Williams, Cookeville, TN for the plaintiff-appellee Diane Crawford. Judge: GAYDEN First Paragraph: This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel in accordance with Tenn. Code Ann. S 50-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. The employer in this case had two insurance carriers. The employer had one insurer at the time the employee first reported her gradual injury and temporarily left work due to her carpal tunnel syndrome. The employer then changed insurance carriers and the second insurer's coverage extended through the time the employee continued to work and permanently ended her employment. The trial court held the first insurer liable for permanent partial disability benefits due to the fact that the employee's first report of work injury constituted a definite date at which the employee knew the nature and the cause of her injury. The first insurer appeals and argues that the second insurer should be liable because the employee continued to work during the second insurer's coverage. As discussed below, the Panel affirms the result of the trial court, but on different grounds. http://www.tba.org/tba_files/TSC_WCP/crawforddiane.wpd STATE OF TENNESSEE v. BOBBY VINCENT BLACKMON Court:TCCA Attorneys: Randy P. Lucas, Gallatin, Tennessee, for the Appellant, Bobby Vincent Blackmon. Paul G. Summers, Attorney General and Reporter; Michael Moore, Solicitor General; Elizabeth T. Ryan, Assistant Attorney General; Lawrence Ray Whitley, District Attorney General; and Dee David Gay, Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: HAYES First Paragraph: In May of 1993, the Appellant, Bobby Vincent Blackmon, was indicted by a Sumner County grand jury for one count of class A felony possession of cocaine over 300 grams stemming from his involvement in a "reverse sting" drug operation. He was subsequently convicted in February of 1995. In 1998, the Tennessee Supreme Court granted Blackmon a new trial. See State v. Bobby Vincent Blackmon, 984 S.W.2d 589 (Tenn. 1998). In November of 1999, Blackmon was re-tried and again convicted of the offense of possession with the intent to sell over 300 grams of cocaine. After a sentencing hearing on May 17, 2000, the trial court sentenced Blackmon to thirty-eight years as a Range II offender and ordered his sentence be served consecutive to a prior first-degree murder conviction. On appeal, the following issues are presented for our review: (1) whether Blackmon was denied effective assistance of counsel at trial; (2) whether the trial court erred by refusing to allow Blackmon to assert an "outrageous government conduct" defense, an entrapment defense and/or an impossibility defense; (3) whether the indictment in this case was fatally defective; and (4) whether the sentence was excessive. After review, we find no reversible error. Accordingly, the judgment of conviction and sentence is affirmed. http://www.tba.org/tba_files/TCCA/blackmonbv.wpd STATE OF TENNESSEE v. OSCAR GOMEZ Court:TCCA Attorneys: John E. Rodgers, Jr., Nashville, Tennessee, for the appellant, Oscar Gomez. Paul G. Summers, Attorney General and Reporter; Elizabeth T. Ryan, Assistant Attorney General; Victor S. Johnson, District Attorney General; and Sharon Brox, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WELLES First Paragraph: The Defendant, Oscar Gomez, was convicted by a jury of first degree premeditated murder and theft under five hundred dollars. He was sentenced to life imprisonment for the murder and to a concurrent term of six months for the theft. In this appeal as of right, the Defendant contends that the evidence of premeditated murder is insufficient to support his conviction. We disagree and affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/gomezo.wpd BRYAN HANLEY v. STATE OF TENNESSEE Court:TCCA Attorneys: Melanie Totty Cagle, Centerville, Tennessee, for the appellant, Bryan Hanley. Paul G. Summers, Attorney General and Reporter; David H. Findley, Assistant Attorney General; Ronald Davis, District Attorney General; and Derek K. Smith, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: MCGEE OGLE First Paragraph: The petitioner, Bryan Hanley, was convicted by a jury in the Hickman County Circuit Court of one count of first degree murder and one count of theft of property over $1000. The petitioner was sentenced to life imprisonment in the Tennessee Department of Correction for the murder conviction and to three years incarceration for the theft conviction, with the sentences to run concurrently. Subsequently, the petitioner filed a post-conviction petition alleging the ineffective assistance of counsel. The post-conviction court denied the petition and the petitioner appeals. Upon review of the record and the parties' briefs, we affirm the judgment of the post-conviction court. http://www.tba.org/tba_files/TCCA/hanleyb.wpd J. D. LANDERS v. STATE OF TENNESSEE Court:TCCA Attorneys: Debera Bell-Beam, Linden, Tennessee, for the Appellant, J. D. Landers. Paul G. Summers, Attorney General & Reporter; Thomas E. Williams, III, Assistant Attorney General; William Edward Gibson, District Attorney General; and Jeffrey L. Long, Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: WITT First Paragraph: J.D. Landers appeals from the Perry County Circuit Court's denial of his petition for post-conviction relief. He seeks to set aside his conviction and guilty plea because he was not provided the effective assistance of counsel and did not knowingly, voluntarily and intelligently enter his guilty plea. Because the trial court properly dismissed the petition, we affirm. http://www.tba.org/tba_files/TCCA/landersjd.wpd STATE OF TENNESSEE v. JOHNNY LEWIS Court:TCCA Attorneys: Dan T. Bryant, McMinnville, Tennessee, for the Appellant, Johnny Lewis. Paul G. Summers, Attorney General & Reporter; Elizabeth T. Ryan, Assistant Attorney General; and Dale Potter, District Attorney General, for the Appellee, State of Tennessee. Judge: WITT First Paragraph: The defendant appeals his conviction of violating the motor vehicle habitual offender law. Because we find that his motor vehicle offender status was terminated before he was discovered driving a motor vehicle, we conclude that the convicting evidence was insufficient. We reverse the conviction and dismiss the charge. http://www.tba.org/tba_files/TCCA/lewisj.wpd STATE OF TENNESSEE v. JOHN MALONE Court:TCCA Attorneys: Monte D. Watkins, Nashville, Tennessee, for the appellant, John Malone. Paul G. Summers, Attorney General and Reporter; John H. Bledsoe, Assistant Attorney General; Victor S. (Torry) Johnson III, District Attorney General; and Erik Regis Herbert, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WILLIAMS First Paragraph: The defendant was convicted of misdemeanor theft and aggravated assault. The defendant appealed the conviction for aggravated assault. The defendant contends the evidence was insufficient to support his conviction for aggravated assault and that the victim consented to the assault. See Tenn. Code Ann. S 39-13-104(1). We hold that there was sufficient evidence to uphold the conviction and affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/malonej.wpd STATE OF TENNESSEE v. MICHAEL T. MEGHREBLIAN Court:TCCA Attorneys: J. Robin McKinney, Jr., Nashville, Tennessee, for the Appellant, Michael T. Meghreblian. Paul G. Summers, Attorney General & Reporter; Jennifer L. Bledsoe, Assistant Attorney General; William Edward Gibson, District Attorney General; Derek K. Smith, Assistant District Attorney General; and Elizabeth K. Ryan, Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: WITT First Paragraph: The defendant, Michael T. Meghreblian, is serving a seven and one-half year sentence in the Department of Correction as a result of his Williamson County Circuit Court conviction of aggravated assault. On appeal, he complains that the trial court erred (1) in determining the length of his Range II sentence and (2) in denying any form of alternative sentence. Because the record supports the trial court's determinations, we affirm. http://www.tba.org/tba_files/TCCA/meghreblianmt.wpd OUDON PANYANOUVONG v. STATE OF TENNESSEE Court:TCCA Attorneys: Oudon Panyanouvong, Whiteville, Tennessee, pro se (on appeal); Guy R. Dotson, Sr., Murfreesboro, Tennessee (at trial), for the appellant, Oudon Panyanouvong. Paul G. Summers, Attorney General & Reporter; Elizabeth B. Marney, Assistant Attorney General; and Paul A. Holcombe, III, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WADE First Paragraph: The petitioner, Oudon Panyanouvong, appeals from the dismissal of his petition for post-conviction relief. After the appointment of post-conviction counsel, the petitioner expressed dissatisfaction with his attorney and ultimately refused to proceed with the evidentiary hearing. The issue is whether the trial court's summary dismissal was erroneous. Because the petitioner was not afforded the opportunity to proceed pro se and was not specifically admonished of the perils of pro se representation, the judgment of dismissal is reversed and the cause is remanded for further proceedings. http://www.tba.org/tba_files/TCCA/panyanouvongo_opn.wpd TIPTON CONCURRING http://www.tba.org/tba_files/TCCA/panyanouvongo_con.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! 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