Opinion FlashMay 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.
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Howard H. Vogel
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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