Opinion Flash

July 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.

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
03 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


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

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