Opinion FlashJune 24, 2002
Volume 8 Number 108
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
BARBARA A. WILLOUGHBY and VANESSA WILLOUGHBY v. FEDERATED MUTUAL INSURANCE COMPANY Court:TSC - Workers Comp Panel Attorneys: David H. Dunaway, LaFollette, Tennessee, for the appellants, Barbara A. Willoughby and Vanessa Willoughby. D. Brett Burrow and Gordon C. Aulgur, Nashville, Tennessee, for the appellee, Federated Mutual Insurance Company. 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. The plaintiffs appeal the trial judge's decision that they failed to carry their burden of proof with respect to the decedent's heart attack being an injury by accident arising out of and in the course of his employment for the company insured by the defendant. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TSC_WCP/willoughbyb.wpd
SUPREME COURT OF TENNESSEE SUPREME COURT DISCRETIONARY APPEALS Court:TSC - Rules http://www.tba.org/tba_files/TSC_Rules/certlist_0624.wpd
STATE OF TENNESSEE v. RHYNUIA LAMONT BARNES Court:TCCA Attorneys: David A. Collins (on appeal) and Paula Ogle Blair (at trial), Nashville, Tennessee, for the appellant, Rhynuia Lamont Barnes. Paul G. Summers, Attorney General and Reporter; Jennifer L. Bledsoe, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; and Kymberly Haas and Bernard F. McEvoy, Assistant District Attorneys General, for the appellee, State of Tennessee. Judge: RILEY First Paragraph: The defendant was convicted of premeditated first degree murder by a Davidson County jury and sentenced to life imprisonment with the possibility of parole. In this appeal, he contends (1) the evidence was insufficient to sustain his conviction; (2) he was denied the opportunity to retain his counsel of choice; (3) the state committed prosecutorial misconduct when it failed to sua sponte redact a portion of an audio tape, and the trial court improperly denied the defendant's request for a mistrial; and (4) the trial court erred when it failed to instruct the jury on facilitation of first degree murder and voluntary manslaughter as lesser-included offenses of first degree murder. After reviewing the record, we affirm. http://www.tba.org/tba_files/TCCA/barnesrl.wpd
STATE OF TENNESSEE v. WENDELL GARY GIBSON Court:TCCA Attorneys: Claudia S. Jack, District Public Defender; and Robin Farber, Assistant District Public Defender, for the appellant, Wendell Gary Gibson. Paul G. Summers, Attorney General and Reporter; Jennifer L. Bledsoe, Assistant Attorney General; Mike Bottoms, District Attorney General; and Brent A. Cooper, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: RILEY First Paragraph: The sole issue in this appeal is whether the trial court erred in ordering the defendant to pay $18,000 in restitution. We reverse the judgment of the trial court regarding restitution and remand this matter for further proceedings. http://www.tba.org/tba_files/TCCA/gibsonwg.wpd
STATE OF TENNESSEE v. RHONDA PATRICIA MAYES Court:TCCA Attorneys: Mark C. Scruggs, Nashville, Tennessee, for the appellant, Rhonda Patricia Mayes. Paul G. Summers, Attorney General and Reporter; Patricia C. Kussmann, Assistant Attorney General; William Michael McCown, District Attorney General; and Weakley E. (Eddie) Barnard, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WILLIAMS First Paragraph: Defendant was convicted of two counts of possession of cocaine with intent to sell and two counts of simple possession of cocaine. Defendant appealed on four grounds: (1) there was insufficient evidence to support the conviction for possession with intent to sell cocaine; (2) a search warrant failed to state sufficient facts to establish probable cause to search defendant's apartment; (3) the indictment was multiplicitous; and (4) the trial court erred in ruling that the State could use defendant's prior conviction to show intent. We affirm the trial court's judgment. http://www.tba.org/tba_files/TCCA/mayesrp.wpd
STATE OF TENNESSEE v. JOHN PAUL SZCZEPANOWSKI Court:TCCA Attorneys: Kevin W. Shepherd, Maryville, Tennessee, for the Appellant, John Paul Szczepanowski. Paul G. Summers, Attorney General and Reporter; Angele M. Gregory, Assistant Attorney General; Randall E. Nichols, District Attorney General; and Robert L. Jolley, Jr., Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: WEDEMEYER First Paragraph: The Knox County Grand Jury indicted the Defendant for assault, official misconduct, and official oppression. A Knox County jury convicted the Defendant of official misconduct, and a mistrial was declared as to the remaining two counts. The Defendant now appeals his conviction, arguing the following: (1) that Tennessee Code Annotated S 39-16-402(a)(1), governing the crime of official misconduct, is unconstitutionally vague; (2) that insufficient evidence was presented at trial to support his conviction; (3) that the trial court erred by refusing to order the State to specifically describe in the bill of particulars the act committed by the Defendant underlying the charged offense or in the alternative, to require the State to elect the offense upon which it was relying to establish the crime of official misconduct; and (4) that the trial court erred in instructing the jury. We conclude that Tennessee Code Annotated S 39-16-402(a)(1) is not unconstitutionally vague; that sufficient evidence supports the Defendant's conviction; that the trial court did not err by refusing to require the State to clarify its bill of particulars or to elect an offense at the close of proof; and that the trial court did not err in its jury instructions. We therefore affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/szczepanowskijp.wpd
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