Opinion Flash

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
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

ROBERTSON COUNTY BOARD OF EDUCATION V. KAREN PRICE KNIGHT

Court:TSC - Workers Comp Panel

Attorneys:

James H. Tucker, Jr. and Stacey Billingsley Cason, Manier & Herod,
Nashville, Tennessee, for the Appellant, Robertson County Board of
Education.

Larry L. Roberts and D. Stuart Caulkins, Roberts and Associates,
Nashville, Tennessee, for the Appellee, Karen Price Knight.

Judge: PEOPLES

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) for hearing and reporting of findings of fact and
conclusions of law.  The employer appeals an award of 50 percent
disability to the body as a whole as excessive, and an award of past
and future chiropractic expenses as unauthorized.  We modify the
judgment below to award 40 percent disability to the body as a whole.

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

STATE OF TENNESSEE v. JOHNNY E. GARRETT

Court:TCCA

Attorneys: 

Gary N. Lovellette (at trial) and Michael H. Knowlton (on appeal),
Cookeville, Tennessee, for the appellant, Johnny E. Garrett.

Paul G. Summers, Attorney General and Reporter; Gill Robert Geldreich,
Assistant Attorney General; William Edward Gibson, District Attorney
General; and Owen G. Burnett, Assistant District Attorney General, for
the appellee, State of Tennessee.                           

Judge: RILEY

First Paragraph:

An Overton County jury convicted the defendant of possession of
cocaine for resale, simple possession of marijuana, and possession of
drug paraphernalia.  In this appeal, he contends the search warrant
was improperly issued, and the trial court erred by not ordering the
state to disclose the identity of the confidential informant.  For the
reasons set forth below, we affirm the judgment of the trial court.

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

STATE OF TENNESSEE v. CHRISTOPHER D. NEIGHBOURS

Court:TCCA

Attorneys: 

Gregory D. Smith, Clarksville, Tennessee; Lionel R. Barrett, Jr., and
Wesley MacNeil Oliver, Nashville, Tennessee, for the appellant,
Christopher D. Neighbours.

Paul G. Summers, Attorney General and Reporter; T. E. Williams, III,
Assistant Attorney General; Victor S. (Torry) Johnson, District
Attorney General; and Lila Statom and Roger Moore, Assistant District
Attorneys General, for the appellee, State of Tennessee.                         

Judge: OGLE

First Paragraph:

The appellant, Christopher D. Neighbours, was convicted by a jury of
one count of first degree murder committed in the perpetration of a
felony, namely kidnapping, and one count of especially aggravated
kidnapping.  The appellant received a total effective sentence of life
plus twenty-five years incarceration in the Tennessee Department of
Correction.  On appeal, the appellant challenges the sufficiency of
the evidence supporting his convictions of both offenses.  Upon review
of the record and the parties' briefs, we affirm the judgments of the
trial court.

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

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