Opinion Flash

February 4, 2002
Volume 8 — Number 021

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
01 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
04 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


BONNER McCLUSKEY v. F&M INCORPORATED, et al.

Court:TSC - Workers Comp Panel

Attorneys:   

Steve Taylor, Memphis, Tennessee, for the appellant, Bonner McCluskey

R. Scott Vincent and Ronald L. Harper, Memphis, Tennessee, for the
appellees, F&M Incorporated d/b/a Domino's Pizza, Inc., and Domino's
Pizza, Inc.                       

Judge: LOSER

First Paragraph:

This workers' compensation appeal has been referred to the Special
Workers' Compensation Appeals Panel of the Supreme Court in accordance
with Tenn. Code Ann. S 50-6-225(e)(3) for hearing and reporting to the
Supreme Court of findings of fact and conclusions of law.  In this
appeal, the appellant insists (1) the trial court erred in dismissing
his claim for permanent disability benefits based on a finding that
the proof of permanency was insufficient, and (2) the trial court
erred in disallowing the appellant's post-trial application for
relief.  As discussed below, the panel has concluded the judgment
should be affirmed.

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

SUPREME COURT OF TENNESSEE SUPREME COURT DISCRETIONARY APPEALS


Court:TSC - Rules

http://www.tba.org/tba_files/TSC_Rules/certlist_0204.wpd

AMY ADELIA JENNINGS ARNOLD, v. KEVIN SCOTT ARNOLD

Court:TCA

Attorneys:  

C.E. Bud Cunningham, Morristown, Tennessee, for Appellant, Kevin Scott
Arnold.

Connie G. Trobaugh, Morristown, Tennessee, for Appellee, Amy Adelia
Jennings Arnold.                        

Judge: FRANKS

First Paragraph:

In this divorce action, husband has appealed the amount of child
support awarded, the custody award, and the alimony and attorney's
fees awarded to wife.  On appeal, we affirm the Trial Court.

http://www.tba.org/tba_files/TCA/arnolda.wpd

TEX HELTON, et al. v. COLONIAL LOAN ASSOCIATION, INC., et al.

Court:TCA

OPINION ON PETITION TO REHEAR

http://www.tba.org/tba_files/TCA/heltontex_reh.wpd

CYNTHIA LONG v. CITY OF MARYVILLE

Court:TCA

Attorneys: 

Kevin W. Shepherd, Maryville, Tennessee, for Appellant.

Nathan D. Rowell, Knoxville, Tennessee, for Appellee.                         

Judge: FRANKS

First Paragraph:

Upon remand from this Court, the Trial Court entered Judgment for
defendant in this slip and fall case.  On appeal, we reverse.

http://www.tba.org/tba_files/TCA/longc.wpd

JOHN WARFIELD and wife, ANNE WARFIELD, v. CARLOS CLIFFORD LOWE, and
COREGIS INSURANCE COMPANY

Court:TCA

Attorneys:         

Dail R. Cantrell, Clinton, Tennessee, for Appellant.

Douglas L. Dutton, Knoxville, Tennessee, for Appellee.                 

Judge: FRANKS

First Paragraph:

Plaintiff sought to establish insurance coverage for his injuries
under his employer's policy.  The Trial Judge declared no coverage. 
On appeal, we affirm.

http://www.tba.org/tba_files/TCA/warfieldj.wpd

STATE OF TENNESSEE v. MICHAEL BIKREV

Court:TCCA

Attorneys:

Jeff Preston Burks, Franklin, Tennessee, for the appellant, Michael
Bikrev.

Paul G. Summers, Attorney General and Reporter; David H. Findley,
Assistant Attorney General; Ron Davis, District Attorney General; and
Lee Dryer, Assistant District Attorney General, for the appellee,
State of Tennessee.                        

Judge: WELLES

First Paragraph:

The Defendant, Michael Bikrev, was convicted of theft of property over
$1, 000.00 by a Williamson County jury.  After a sentencing hearing,
the Defendant was sentenced as a Range I standard offender to three
years in the Department of Correction.  The trial court suspended the
sentence conditioned upon the Defendant serving one year in the
Williamson County jail and completing four years of probation.  On
appeal, the Defendant contends that (1) the evidence is insufficient
to support his conviction, (2) the State did not prove venue, (3) the
trial court erred in admitting evidence of a tacit admission made by
the Defendant, and (4) the trial court erred in sentencing the
Defendant.  We affirm the judgment of the trial court.

http://www.tba.org/tba_files/TCCA/bikrevm.wpd

STATE OF TENNESSEE v. AMOS L. BROWN

Court:TCCA

Attorneys:

Gregory Scott Kanavos and Henry Franklin Chancey, Cleveland,
Tennessee, for the Appellant, Amos L. Brown.

Paul G. Summers, Attorney General and Reporter; Elizabeth B. Marney,
Assistant Attorney General; Jerry N. Estes, District Attorney General;
William Reedy, Assistant District Attorney General; Amy Reedy,
Assistant District Attorney General; and Daniel Cole, Assistant
District Attorney General, for the Appellee, State of Tennessee.      
               
Judge: WEDEMEYER

First Paragraph:

In May 1999, a McMinn County jury found the Defendant guilty of the
felony murder of one victim and of the criminally negligent homicide
of a second victim.  The trial court sentenced the Defendant as a
Range I standard offender to concurrent sentences of life in prison
for the felony murder conviction and two years incarceration for the
criminally negligent homicide conviction.  In this appeal as of right,
the Defendant presents the following issues for our review: (1)
whether sufficient evidence was presented at trial to support his
conviction for felony murder; (2) whether the trial court erred by
refusing to order the State to reveal the identity of a confidential
informant; (3) whether the trial court erred by allowing the
Defendant's co-defendant to testify against him at trial; (4) whether
the trial court erred by allowing the jury to view a video tape of the
Defendant's arrest; (5) whether the trial court allowed the jury to
hear inadmissible hearsay testimony; (6) whether the trial court erred
by allowing into evidence the entire written statement of the co-
defendant; (7) whether the Defendant was denied a fair trial as a
result of the State's failure to disclose exculpatory information; and
(8) whether the trial court erred by denying the Defendant's motion
requesting individual voir dire of the potential jurors concerning
pretrial publicity.  Finding no error by the trial court, we affirm
the Defendant's convictions.

http://www.tba.org/tba_files/TCCA/brownal.wpd

STATE OF TENNESSEE v. WILLIAM RAY COLLIER

Court:TCCA

Attorneys:

David P. Byrne, Nashville, Tennessee, for the appellant, William Ray
Collier.

Paul G. Summers, Attorney General and Reporter; Braden H. Boucek,
Assistant Attorney General; Victor S. Johnson, District Attorney
General; and Bret Gunn, Assistant District Attorney General, for the
appellee, State of Tennessee.

Judge: WELLES

First Paragraph:

The Defendant, William Ray Collier, was convicted by a jury of two
counts of possessing heroin with intent to sell or deliver within one
thousand feet of a school, one count of possessing heroin with intent
to sell or deliver, and three counts of driving on a suspended
license.  The trial court sentenced the Defendant to an effective term
of seventy-one years.  In this appeal as of right, the Defendant
raises three issues:  whether the trial court erred in admitting
certain expert testimony; whether the evidence is sufficient to
sustain his convictions; and whether his sentence is excessive. 
Finding no merit in any of the Defendant's contentions, we affirm the
judgment of the trial court.

http://www.tba.org/tba_files/TCCA/collierwr.wpd

STATE OF TENNESSEE v.  HERSHELL W. ESTES, JR.

Court:TCCA

Attorneys:

Kenneth F. Irvine, Jr., Knoxville, Tennessee, for appellant, Hershell
W. Estes, Jr.

Paul G. Summers, Attorney General & Reporter; Mark A. Fulks, Assistant
Attorney General; Randall E. Nichols, District Attorney General; and
Kevin Allen, Robert Headrick, and Leland Price, Assistant District
Attorneys General, for appellee, State of Tennessee.                          

Judge: SMITH

First Paragraph:

A Knox County jury convicted the defendant of one count of aggravated
sexual battery and one count of rape of a child. For the former the
trial court sentenced the defendant to ten years, and for the latter
he received a sentence of twenty-three years.  The trial court then
ordered these sentences to run concurrently. Subsequently, the
defendant brought an unsuccessful motion for new trial and now pursues
the present appeal in this Court raising two issues. More
specifically, the defendant avers that the trial court erred 1) by
limiting defense counsel's questioning of the victim concerning her
prior sexual experiences and 2) by improperly utilizing two
enhancement factors in sentencing the defendant. Upon review of these
issues, we find that neither merit reversal and, thus, affirm the
convictions and sentences. However, we have noted error in the rape of
a child judgment requiring a remand for correction thereof.

http://www.tba.org/tba_files/TCCA/esteshershell.wpd

STATE OF TENNESSEE v. JOEL M. PUENTES

Court:TCCA

Attorneys:

Ross E. Alderman, District Public Defender; Jeffrey A. DeVasher,
Assistant Public Defender (on appeal); and Amy D. Harwell and Richard
Tennent, Assistant Public Defenders (at trial), for the appellant,
Joel M. Puentes.

Paul G. Summers, Attorney General and Reporter; Kathy D. Aslinger,
Assistant Attorney General; Victor S. Johnson, III, District Attorney
General; and Dan Hamm and Ana L. Escobar, Assistant District Attorneys
General, for the appellee, State of Tennessee.

Judge: TIPTON

First Paragraph:

The defendant, Joel M. Puentes, appeals his conviction by a jury in
the Davidson County Criminal Court for facilitating second degree
murder, a Class B felony, for which he received a nine-year sentence. 
He contends that (1) the indictment is deficient in its allegations
regarding homicide, (2) the proof is insufficient to convict him, and
(3) the trial court should have instructed the jury regarding
accessory after the fact as a lesser included offense to homicide.  We
conclude that no error exists and that the evidence is sufficient.  We
affirm the judgment of the trial court.

http://www.tba.org/tba_files/TCCA/puentesjoelm.wpd

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