November 26, 2001
Volume 7 — Number 217

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
05 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


STATE OF TENNESSEE v. STEVE A. CLARK Court:TCCA Attorneys: Philip A. Condra, District Public Defender, Jasper, Tennessee, for the Appellant, Steve A. Clark. Paul G. Summers, Attorney General and Reporter; Michael Moore, Solicitor General; J. Ross Dyer, Assistant Attorney General; James Michael Taylor, District Attorney General; and Steve Strain, Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: HAYES First Paragraph: The Appellant, Steve A. Clark, was convicted by a Grundy County jury for driving under the influence, Tenn. Code Ann. S 55-10-401(a)(1), driving with an alcohol concentration of .10% or more, Tenn. Code Ann. S 55-10-401(a)(2), and driving without a license. On appeal, Clark raises one issue for our review: Whether the trial court erred by admitting into evidence the results of the intoximeter test? After review, we find no error and affirm Clark's conviction for driving under the influence. http://www.tba.org/tba_files/TCCA/clarkstevea.wpd
STATE OF TENNESSEE v. STEPHEN E. CLINE Court:TCCA Attorneys: Michael R. Giaimo, Livingston, Tennessee, and Gary Lovellette, Cookeville, Tennessee, for the appellant, Stephen E. Cline. Paul G. Summers, Attorney General and Reporter; Laura E. McMullen, Assistant Attorney General; William E. Gibson, District Attorney General; and Owen G. Burnett, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: OGLE First Paragraph: The appellant, Stephen E. Cline, pled guilty in the Overton County Criminal Court to four counts of obtaining a controlled substance by forgery, and the trial court imposed concurrent sentences of four years incarceration in the Tennessee Department of Correction. The trial court granted the appellant judicial diversion and placed him on probation for four years. Subsequently, the appellant was arrested for driving under the influence (DUI) and failing to comply with the implied consent law. A warrant for revocation of probation and judicial diversion was issued alleging the foregoing offenses and contending that the appellant had fraudulently obtained a controlled substance. Pursuant to a hearing, the trial court revoked the appellant's probation and entered judgments of conviction for all four counts of obtaining a controlled substance by forgery. On appeal, the appellant raises the following issues for our review: (1) whether there was sufficient evidence for the trial court to find that the appellant violated his probation and judicial diversion; (2) whether the trial court violated the appellant's right to confrontation in admitting hearsay statements during the hearing; (3) whether the trial court violated the appellant's due process rights by failing to bifurcate the probation revocation proceedings; and (4) whether the trial court erred in failing to consider all of the proof before forming an opinion on the case. Upon review of the record and the parties' briefs, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/clinese.wpd
LONNIE JONES v. STATE OF TENNESSEE Court:TCCA Attorneys: Charles W. Gilchrist, Jr., Memphis, Tennessee, for the appellant, Lonnie Jones. Paul G. Summers, Attorney General and Reporter; Kim R. Helper, Assistant Attorney General; William L. Gibbons, District Attorney General; and Camille McMullen, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: RILEY First Paragraph: Petitioner appeals from the denial of his petition for post-conviction relief following his guilty plea to second degree murder for which he received a sentence of 15 years. He contends his guilty plea was not knowingly and voluntarily entered, and he received ineffective assistance of trial counsel. The state contends the petition was barred by the statute of limitations. We conclude the petition was barred by the statute of limitations and is otherwise without merit. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/jonesl.wpd
WAYNE MILES v. WARDEN, FRED J. RANEY Court:TCCA Attorneys: Wayne Miles, Pro Se, for the appellant. Paul G. Summers, Attorney General and Reporter; Kim R. Helper, Assistant Attorney General; C. Phillip Bivens, District Attorney General; and Chris Vickers, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WOODALL First Paragraph: Petitioner,Wayne Miles, appeals as of right from the trial court's dismissal of his petition for habeas corpus relief. Petitioner argues that he is being illegally detained because his convictions are void. After a thorough review of the record, we affirm the trial court's dismissal of the Petition for Writ of Habeas Corpus. http://www.tba.org/tba_files/TCCA/mileswayne.wpd
STATE OF TENNESSEE v. TONY WILLIAMS Court:TCCA Attorneys: Jerome C. Payne, Memphis, Tennessee, for the appellant, Tony Williams. Paul G. Summers, Attorney General & Reporter; Kim R. Helper, Assistant Attorney General; William L. Gibbons, District Attorney General; and John Campbell, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WADE First Paragraph: The defendant, Tony Williams, appeals the trial court's denial of pretrial diversion after a petition for certiorari from the decision of the district attorney. In this discretionary appeal under Rule 9 of the Tennessee Rules of Appellate Procedure, the single issue presented for review is whether the denial of pretrial diversion qualified as an abuse of prosecutorial discretion. The judgment denying relief is affirmed. http://www.tba.org/tba_files/TCCA/williamstony.wpd

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