Opinion FlashJuly 29, 2002
Volume 8 Number 130
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
LIBERTY INSURANCE COMPANY v. RICHARD W. BURGIN, et al. Court:TSC - Workers Comp Panel Attorneys: David L. Hull, of Knoxville, Tennessee, for Appellant, Richard W. Burgin. James T. Shea IV, of Knoxville, Tennessee, for Appellees, Liberty Mutual Insurance Company and Direct Insurance Company. Judge: THAYER 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 trial court found the employee had only sustained an injury of a temporary nature and dismissed his claim for permanent disability. Judgment of the trial court is affirmed. http://www.tba.org/tba_files/TSC_WCP/liberty.wpd
SUPREME COURT OF TENNESSEE SUPREME COURT DISCRETIONARY APPEALS Court:TSC - Rules http://www.tba.org/tba_files/TSC_Rules/certlist_0729.wpd
DAIRY GOLD, INC., v. MICHAEL THOMAS Court:TCA Attorneys: James R. McKoon, Chattanooga, Tennessee, for Appellant. James T. Williams, Chattanooga, Tennessee, for Appellee. Judge: FRANKS First Paragraph: In this dispute over a commercial lease, the Chancellor entered Judgment for lessor for limited rents, taxes and attorney's fees. On appeal, we affirm. http://www.tba.org/tba_files/TCA/dairygold1.wpd
STATE OF TENNESSEE, DEPARTMENT OF CHILDREN'S SERVICES v. NFGWP, IN RE: KSG and ALW Court:TCA Attorneys: Janette L. Taylor, Oneida, Tennessee, for Appellant. Paul G. Summers, Attorney General and Reporter, and Douglas Earl Dimond, Assistant Attorney General, Nashville, Tennessee, for Appellee. Judge: FRANKS First Paragraph: The Trial Court terminated the mother's parental rights to two minor children. On appeal, we affirm. http://www.tba.org/tba_files/TCA/nfgwp.wpd
STATE OF TENNESSEE, DEPARTMENT OF CHILDREN'S SERVICES v. NFGWP, IN RE: KSG and ALW Court:TCA Attorneys: Janette L. Taylor, Oneida, Tennessee, for Appellant. Paul G. Summers, Attorney General and Reporter, and Douglas Earl Dimond, Assistant Attorney General, Nashville, Tennessee, for Appellee. Judge: FRANKS First Paragraph: The Trial Court terminated the mother's parental rights to two minor children. On appeal, we affirm. http://www.tba.org/tba_files/TCA/stvnfgwp.wpd
STATE OF TENNESSEE v. SHAWN M. BROOKS Court:TCCA Attorneys: Merrilyn Feirman, Nashville, Tennessee; Richard Brodhead, Assistant Public Defender, Lebanon, Tennessee, for the Appellant, Shawn M. Brooks. Paul G. Summers, Attorney General and Reporter; Michael Moore, Solicitor General; John H. Bledsoe, Assistant Attorney General; Tom P. Thompson, Jr., District Attorney General; and David Durham, Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: HAYES First Paragraph: The Appellant, Shawn M. Brooks, appeals from the judgment of the Wilson County Circuit Court revoking his probation. In May of 1996, Brooks pled guilty to sale of a Schedule I controlled substance, lysergic acid diethylamide (LSD), and received a split confinement sentence of eight years with one year to be served in confinement followed by seven years supervised probation. Again, in May of 1999, Brooks pled guilty to sale of a counterfeit controlled substance and received a two-year suspended sentence to be served consecutively to the 1996 sentence. On April 10, 2001, a probation violation warrant was issued for only the1996 sentence based upon a new arrest in DeKalb County for numerous offenses. At the probation violation hearing, Brooks admitted guilt, which resulted in the revocation of his sentence and the reinstatement of his original eight-year sentence in the Department of Correction. Thirty days later, an amended order was entered by the trial court revoking Brooks' 1999 two-year suspended sentence on the same grounds. On appeal, he argues that the trial court erred by failing to consider alternatives to revocation. After review, we find that the trial court did not abuse its discretion by revoking Brooks' 1996 conviction. However, with regard to revocation of the 1999 sentence, we find that the proceedings failed to afford fundamental due process protections. Accordingly, we reverse and vacate the trial court's amended order revoking Brooks' two-year suspended sentence for sale of a counterfeit controlled substance. http://www.tba.org/tba_files/TCCA/brooksshawnm.wpd
STATE OF TENNESSEE v. BOBBY GENE GOODSON Court:TCCA Attorneys: Stephen M. Wallace, District Public Defender, and William A. Kennedy, Assistant Public Defender, for the appellant, Bobby Gene Goodson. Paul G. Summers, Attorney General and Reporter; Angele M. Gregory, Assistant Attorney General; H. Greeley Wells, Jr., District Attorney General; and Greg Newman and Robert Montgomery, Assistant District Attorneys General, for the appellee, State of Tennessee. Judge: TIPTON First Paragraph: The defendant, Bobby Gene Goodson, appeals as of right his Sullivan County Criminal Court conviction in case number S42,000 for driving on a suspended license, a Class B misdemeanor, claiming that (1) the evidence is insufficient to support his conviction, (2) he has a constitutional right to travel, and (3) the trial court erred in denying his request to dismiss his trial attorney and reappoint counsel. The defendant also appeals his remaining two convictions in S42,000 for violation of the registration law and violation of the seat belt law, both Class C misdemeanors, and his conviction in case number S43,579 for driving on a suspended license. As to the defendant's appeal of his conviction for driving on a suspended license in case number S42,000, we affirm the judgment of the trial court. With regard to the remaining convictions, the defendant's appeal is dismissed because the judgments of conviction are not in the record on appeal. http://www.tba.org/tba_files/TCCA/goodsonbg.wpd
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