Opinion Flash

May 20, 2002
Volume 8 — Number 88

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
06 New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel
01 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
02 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
 

TBA members can get the full-text versions of these opinions three ways detailed below. All methods require a TBA username and password. If you have forgotten your password, you can look it up on-line at http://www.tba.org/getpassword.mgi . If you are a TBA member, but do not have a username and password, you can receive one online at http://www.tba.org/signup.mgi. Here's how you can obtain full-text version.

Click the URL at end of each Opinion paragraph below. This option will allow you to download the original document.

Do a key word search in the Search Link area of TBALink. This option will allow you to view and save a plain-text version of the opinion.

Browse the Opinion List area of TBALink. This option will allow you to download the original version of the opinion.

Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink


KATHY JEAN BERRY v. SARA LEE CORPORATION d/b/a JIMMY DEAN SAUSAGE
DIVISION, et al.

Court:TSC - Workers Comp Panel

Attorneys:

Kenneth R. Rudstrom, and S. Newton Anderson, Memphis, Tennessee, for
the Defendants/Appellants, Sara Lee Corporation d/b/a Jimmy Dean
Sausage Division, et al.

Jeffrey A. Garrety and Joseph R. Taggart, Jackson, Tennessee, for the
Plaintiff/Appellee, Kathy Jean Berry.                         

Judge: LAFFERTY

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, Defendants/Appellants asks: (1) Did the trial court err in
finding that Plaintiff sustained a compensable injury to her
shoulder?; (2) Did the trial court err in finding that Plaintiff
sustained a second and distinct compensable injury to her right
elbow?; and (3) Did the evidence presented at trial preponderate
against the amount of the permanent partial disability benefits
awarded by the trial court, with respect to the shoulder injury and
the second right elbow injury?  As discussed below, the trial court
did not err and this panel has concluded that the judgment should be
affirmed.

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

JUDITH S. COOLEY v. MURRAY OUTDOOR PRODUCTS, INC.

Court:TSC - Workers Comp Panel

Attorneys:

J. Arthur Crews, II and B. Duane Willis, Jackson, Tennessee, for the
Defendant/Appellant, Murray Outdoor Products, Inc.

Charles L. Hicks, Camden, Tennessee, for the Plaintiff/Appellee,
Judith S. Cooley.

Judge: LAFFERTY

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 Defendant/Appellant asserts that the evidence
preponderates against the trial court's award of seventy-five percent
(75%) to the leg as Plaintiff has minimal vocational disability.  As
discussed below, the panel concludes that the judgment should be
affirmed.

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

OWEN FRANKLIN v. STATE OF TENNESSEE

Court:TSC - Workers Comp Panel

Attorneys:

Tony Seaton, of Johnson City, Tennessee, for the Appellant, Owen
Franklin.

Paul G. Summers, Attorney General & Reporter; Michael E. Moore,
Solicitor General; Ellen H. Pollack, Assistant Attorney General, for
the Appellee, State of Tennessee.                        

Judge: BYERS

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.  This case
was heard in the Eastern Division of the State Claims Commission.  The
Commissioner who heard the case found the plaintiff had failed to
prove that he received an injury to his respiratory system and
allergies as a result of exposure to chemicals in the print shop at
East Tennessee State University where he was employed.  We affirm the
judgment.

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

LISA GREGORY v. BRADLEY COUNTY SHERIFF'S DEPARTMENT

Court:TSC - Workers Comp Panel

Attorneys:

Bert Bates, Cleveland, Tennessee, for the Appellant, Lisa Gregory.

William A. Lockett and Michael A. Kent, Cleary and Lockett,
Chattanooga, Tennessee, for the Appellee, Bradley County Sheriff's
Department.                         

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 employee appeals the denial of worker's
compensation benefits on the basis that the trial court used an
incorrect standard of proof in evaluating the medical evidence.  We
affirm the judgment of the trial court.

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

RUTHANN MARIE RHOADY v. INSURANCE COMPANY OF PENNSYLVANIA, et al.

Court:TSC - Workers Comp Panel

Attorneys:

Mary Melinda Little, McMinnville, Tennessee, for the appellants,
Insurance Company of the State of Pennsylvania and
Bridgestone/Firestone, Inc.

Barry H. Medley, McMinnville, Tennessee, for the appellee, Ruthann
Marie Rhoady.                         

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 the evidence preponderates against the
trial court's findings (1) that the employee gave timely written
notice of her injury and (2) that the injury occurred in the course
and scope of employment.  As discussed below, the panel has concluded
the judgment should be affirmed.

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

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/simonst.wpd

SUPREME COURT OF TENNESSEE SUPREME COURT DISCRETIONARY APPEALS

Court:TSC - Rules

http://www.tba.org/tba_files/TSC_Rules/certlist_0520.wpd

STATE OF TENNESSEE v. RONALD EUGENE RICKMAN AND WILLIAM EDWARD
GROSECLOSE

Court:TCCA

Attorneys:

Joseph S. Ozment (at trial and on appeal) and Steffen Schreiner (at
trial), Memphis, Tennessee, for the appellant, Ronald Eugene Rickman.

Gerald Skahan (at trial and on appeal) and Paula Skahan (at trial),
Memphis, Tennessee, for the appellant, William Edward Groseclose.

Paul G. Summers, Attorney General and Reporter; J. Ross Dyer,
Assistant Attorney General; William L. Gibbons, District Attorney
General; and Edgar A. Peterson, IV, and J. Robert Carter, Jr.,
Assistant District Attorneys General, for the appellee, State of
Tennessee.                    

Judge: MCGEE OGLE

First Paragraph:

The appellants, Ronald Eugene Rickman and William Edward Groseclose,
appeal their convictions by a jury in the Shelby County Criminal Court
of, respectively, first degree murder and being an accessory before
the fact to first degree murder.  In this appeal, appellant Groseclose
presents the following issues for our consideration: (1) whether the
trial court erred in failing to sever his trial from that of
co-defendant Rickman; (2) whether the trial court erred in admitting
at trial the former testimony of Barton Wayne Mount; (3) whether the
trial court erred in excluding testimony by Gary King; and (4) whether
the evidence adduced at trial is sufficient to support the jury's
verdict of guilt.  Appellant Rickman solely challenges the
introduction at trial of Mount's former testimony.  Following a
careful review of the record and the parties' briefs, we remand this
case to the trial court for correction of the judgments to reflect the
appellants' receipt of credit for time served in the Tennessee
Department of Correction prior to trial.  We affirm the judgments in
all other respects.

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

STATE OF TENNESSEE v. CHARLES H. MARTIN

Court:TCCA

Attorneys: 

Kenneth F. Irvine, Jr., Knoxville, Tennessee, for the appellant,
Charles H. Martin.

Paul G. Summers, Attorney General and Reporter; Angele M. Gregory,
Assistant Attorney General; Al Schmutzer, Jr., District Attorney
General; and Steven Hawkins, Assistant District Attorney General, for
the appellee, State of Tennessee.                         

Judge: WELLES

First Paragraph:

The Defendant, Charles H. Martin, was convicted by a jury of
aggravated assault.  Following a sentencing hearing, the trial court
sentenced him as a Range I offender to six years in the Department of
Correction.  On appeal, the Defendant contends that the trial court
erred in denying his motion to strike handwritten portions of the
indictment.  We affirm the judgment of the trial court.

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

STATE OF TENNESSEE v. JAMES L. McCURRY

Court:TCCA

Attorneys:

Harold D. Balcom, Jr., Kingston, Tennessee, for the Appellant, James
L. McCurry.

Paul G. Summers, Attorney General and Reporter; Michael Moore,
Solicitor General; Renee W. Turner, Assistant Attorney General; J.
Scott McCluen, District Attorney General; and Frank Harvey, Assistant
District Attorney General, for the Appellee, State of Tennessee.

Judge: HAYES

First Paragraph:

The Appellant, James L. McCurry, was convicted by a Roane County jury
of one count of premeditated first degree murder and was sentenced to
life imprisonment.  On appeal, McCurry raises two issues for our
review: (1) Whether the evidence presented at trial was sufficient to
support a conviction for premeditated first degree murder; and (2)
whether the trial court erred by failing to exercise its role as the
thirteenth juror.  After review, we find no error and affirm the
judgment of the trial court.

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

STATE OF TENNESSEE v. STEVEN L. RAUHUFF

Court:TCCA

Attorneys:

Mack Garner, District Public Defender (on appeal); and Kevin W.
Shepherd, Maryville, Tennessee (at trial), for the appellant, Steven
L. Rauhuff.

Paul G. Summers, Attorney General and Reporter; Kathy D. Aslinger,
Assistant Attorney General; Michael L. Flynn, District Attorney
General; and John A. Bobo, Jr., Assistant District Attorney General,
for the appellee, State of Tennessee.

Judge: RILEY

First Paragraph:

The defendant was indicted for operation of a motor vehicle after
being declared an habitual offender.  Following a bench trial, he was
convicted of the indicted offense.  In this appeal, the defendant
challenges the sufficiency of the evidence.  We affirm.

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

STATE OF TENNESSEE v. SCOTTY DEWAYNE ROBINSON

Court:TCCA

Attorneys: 

Douglas M. Anderson, Knoxville, Tennessee (at hearing), and Scotty
Dewayne Robinson, Manchester, Kentucky, Pro Se (on appeal).

Paul G. Summers, Attorney General and Reporter; Kim R. Helper,
Assistant Attorney General; Randall E. Nichols, District Attorney
General; and Jennifer H. Welch, Assistant District Attorney General,
for the appellee, State of Tennessee.                           

Judge: RILEY

First Paragraph:

The defendant, Scotty Dewayne Robinson, pled guilty to Class D felony
theft pursuant to a plea agreement recommending the imposition of a
three-year sentence to be served consecutively to a federal sentence. 
The trial court accepted the defendant's plea of guilty and imposed
the recommended sentence.  In this appeal, the defendant argues the
trial court improperly sentenced him.  We conclude the defendant has
no appeal as of right of his sentence since it was a part of a plea
agreement in which the defendant waived the right to appeal. 
Accordingly, the appeal is dismissed.

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

Fundraising by Legislators under Tenn. Code Ann. S 2-10-310 and 
Tenn. Code Ann. S 3-6-108(i)

Date: May 16, 2002

Opinion Number: 02-062                         

http://www.tba.org/tba_files/AG/OP62.pdf

Duty of General Sessions Court Clerk Regarding Litigation Tax

Date: May 16, 2002

Opinion Number: 02-063                        

http://www.tba.org/tba_files/AG/OP63.pdf

PLEASE FORWARD THIS E-MAIL!
Feel free to forward this Opinion Flash on to anyone you know of with an e-mail address.

GET A FULL-TEXT COPY OF AN OPINION!
See the intrsuctions at the beginning of this edition of Opinion Flash.

JOIN THE TENNESSEE BAR ASSOCIATION!
While Opinion Flash is a free service of the Tennessee Bar Association, you must be a member of the Tennessee Bar Association in order to access the full text of the opinions or enjoy the many other features of TBALink.

To join the TBA go to: http://www.tba.org/join_bar.mgi

SUBSCRIBE TO OPINION FLASH!
Would you like to receive the TBALink Opinion Flash free each day by e-mail? Anyone, whether a TBA member or not, is welcome to subscribe ... it's free! Sign up for text or HTML version.

Visit the TBALink web site at: http://www.tba.org/op-flash.mgi

UNSUBSCRIBE TO OPINION FLASH? ... SURELY NOT!

But if you must, visit the TBALink web site at: http://www.tba.org/op-flash.mgi

© Copyright 2002 Tennessee Bar Association