Opinion Flash

May 17, 2002
Volume 8 — Number 87

Following this index are summaries of each case, including its name, first paragraph, author's name, and the names of attorneys for the parties of each opinion.

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
03 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


TAMMIE ROSE SIMONS V. FINDLAY INDUSTRIES, INC.

Court:TSC - Workers Comp Panel

Attorneys: 

Patrick A. Ruth and K. Melissa Howard, Ruth, Howard, Tate & Sowell,
Nashville, Tennessee, for the Appellant, Findlay Industries, Inc.

Barry H. Medley, Farrar, Holliman & Medley, McMinnville, Tennessee,
for the Appellee, Tammie Rose Simons                         

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 permanent
partial disability benefits on the basis that the employee suffered no
permanent medical impairment.  We affirm the judgment of the trial
court.

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

STATE OF TENNESSEE v. JERRY ALLEN KETCHUM

Court:TCCA

Attorneys:

Nat H. Thomas, Kingsport, Tennessee (on appeal); and Larry R. Dillow,
Kingsport, Tennessee (on appeal and at trial), for the Appellant,
Jerry Allen Ketchem.

Paul G. Summers, Attorney General and Reporter; Helena Walton
Yarbrough, Assistant Attorney General; H. Greeley Wells, Jr., District
Attorney General; James Goodwin, Assistant District Attorney General;
Barry P. Staubus, Assistant District Attorney General; and Teresa
Murray-Smith, Assistant District Attorney General, for the Appellee,
State of Tennessee.                        

Judge: WEDEMEYER

First Paragraph:

The Defendant entered a plea of nolo contendere to attempted
aggravated sexual battery.  Pursuant to his plea agreement, the
Defendant received a four-year sentence, with the manner of service of
the sentence to be determined by the trial court.  Following a
sentencing hearing, the trial court ordered that the Defendant serve
the four-year sentence in the Tennessee Department of Correction.  The
Defendant now appeals, arguing that he should have received some form
of alternative sentencing.  Concluding that the record supports the
trial court's denial of alternative sentencing, we affirm the judgment
of the trial court.

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

ROY LANE v. STATE OF TENNESSEE

Court:TCCA

Attorneys:

Tim S. Moore, Newport, Tennessee, for the appellant, Roy Lane.

Paul G. Summers, Attorney General and Reporter; Mark A. Fulks,
Assistant Attorney General; Al C. Schmutzer, Jr., District Attorney
General; and James B. Dunn, Assistant District Attorney General, for
the appellee, State of Tennessee.

Judge: TIPTON

First Paragraph:

This appeal by the petitioner, Roy Lane, involves both a delayed
appeal from his first degree murder conviction and an appeal from the
denial of post-conviction relief.  In the delayed appeal, the
petitioner contends that the Cocke County Circuit Court (1) improperly
admitted evidence about the petitioner's prior bad acts and (2) gave
erroneous jury instructions.  In the post-conviction appeal, the
petitioner claims that he received the ineffective assistance of trial
counsel.  As to the petitioner's delayed appeal, we conclude that the
trial court did not err and affirm his conviction for first degree
premeditated murder.  As to his post-conviction petition, we affirm
the trial court's finding that the petitioner received the effective
assistance of counsel.

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

STATE OF TENNESSEE v. JAMES D. NEWLAND

Court:TCCA

Attorneys:    

Nat H. Thomas, Kingsport, Tennessee, for the appellant, James D.
Newland.

Paul G. Summers, Attorney General and Reporter; Kim R. Helper,
Assistant Attorney General; H. Greeley Wells, Jr., District Attorney
General; and Barry P. Staubus, Assistant District Attorney General,
for the appellee, State of Tennessee.                      

Judge: TIPTON

First Paragraph:

The defendant, James D. Newland, appeals from the Sullivan County
Criminal Court's revoking his probation that was ordered for his
guilty plea to rape.  The defendant contends that the trial court
abused its discretion in revoking his probation and sentencing him to
confinement.  We affirm the judgment of the trial court.

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

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