Opinion Flash

July 8, 2002
Volume 8 — Number 115

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
01 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
01 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
 

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


DARRYL PHILLIPS V. DEROYAL INDUSTRIES

Court:TSC - Workers Comp Panel

Attorneys:

David J. Silvus, Allen, Kopet & Boyd, Knoxville, Tennessee, for the
Appellant, Deroyal Industries.

Mark E. Blakely, Baker, Donelson, Bearman & Caldwell, Knoxville,
Tennessee, for the Appellee, Darryl Phillips.

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 the trial court's award of
medical bills for testing and hospitalization by an unauthorized
physician.  The employee cross-appeals contending (a) that he was
justified in seeking treatment by the unauthorized physician and that
all medical bills should have been awarded, and (b) that the trial
court erred in failing to award all temporary total benefits due. We
affirm the judgment of the trial court.

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

SUPREME COURT OF TENNESSEE SUPREME COURT DISCRETIONARY APPEALS

Court:TSC - Rules

http://www.tba.org/tba_files/TSC_Rules/certlist_0708.wpd

JOHN E. SICARD v. LEON WILLIAMS GENERAL CONTRACTOR, INC.

Court:TCA

Attorneys:   

Monty L. Walton and Stephanie K. Hunt, Knoxville, Tennessee, for
Appellant.

L. Roy Waldrop, Knoxville, Tennessee, for Appellee.

Judge: FRANKS

First Paragraph:

The Trial Court awarded plaintiff commission under Agreement between
the parties.  On appeal, we reverse on grounds that plaintiff's
misrepresentation in procuring a contract with a third party, denied
his contractual right to the commission.

http://www.tba.org/tba_files/TCA/sicardj.wpd

DAVID BOESE v. STATE OF TENNESSEE

Court:TCCA

Attorneys:

H. Franklin Chancey, Cleveland, Tennessee, for the appellant, David
Boese.

Paul G. Summers, Attorney General and Reporter; Mark A. Fulks,
Assistant Attorney General; Charles M. Corn, District Attorney
General; and Sandra N. C. Donaghy, Assistant District Attorney
General, for the appellee, State of Tennessee.                       

Judge: WILLIAMS
 
First Paragraph:

Petitioner pled guilty in state court to second degree murder and
aggravated assault.  Petitioner contends he was told by trial counsel
that a pending first degree murder charge in state court would result
in incarceration for life without parole in federal court on related
charges.  He asserts that trial counsel's performance was deficient
resulting in unknowing and involuntary guilty pleas.  We disagree and
affirm.

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

STATE OF TENNESSEE v. EDWARD KORIK

Court:TCCA

Attorneys:

Nancy Meyer, Clinton, Tennessee, for the appellant, Edward Korik.

Paul G. Summers, Attorney General and Reporter; Patricia C. Kussmann,
Assistant Attorney General; James N. Ramsey, District Attorney
General; Jan Hicks, Assistant District Attorney General, for the
appellee, State of Tennessee.                        

Judge: TIPTON

First Paragraph:

The defendant, Edward Korik, appeals the Anderson County Criminal
Court's ordering him to serve forty-five days in jail for his guilty
plea to driving under the influence (DUI), second offense, a Class A
misdemeanor.  He contends that this court should remand his case to
the general sessions court, where it originated, with orders that the
general sessions court consider his request for work release instead
of incarceration.  We affirm the judgment of the trial court.

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

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