Opinion Flash

July 31, 2002
Volume 8 — Number 132

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
00 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
04 New Opinion(s) from the Tennessee Court of Appeals
01 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
 

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


HEATHER LYNN KEY v. AMERICAN INSURANCE COMPANY
Corrected Version

Court:TSC - Workers Comp Panel

Attorneys:

William R. Pigue and A. Allen Smith, III, Nashville, Tennessee, for
the appellant, American Insurance Company.

William Joseph Butler and E. Guy Holliman, Lafayette, Tennessee, for
the appellee, Heather Lynn Key.                        

Judge: INMAN

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 plaintiff to be 22 _ percent anatomically impaired,
and applied a multiplier of 2 _  times in awarding benefits based upon
a 56.25 vocational percent impairment.  The evidence preponderates
against a finding of 22 _ percent anatomical impairment.

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

CITY OF COLLEGEDALE, TENNESSEE, et al. v. HAMILTON COUNTY WATER AND
WASTEWATER TREATMENT AUTHORITY

Court:TCA

Attorneys:

John R. Anderson and Harry R. Cash, Chattanooga, Tennessee, for the
Appellant, Hamilton County Water and Wastewater Treatment Authority

Sam D. Elliott, Chattanooga, Tennessee, for the Appellee, City of
Collegedale, Tennessee                         

Judge: GOODARD

First Paragraph:

This is a suit brought by the City of Collegedale, seeking a
declaration that Hamilton County Wastewater and Wastewater Treatment
Authority is required to arbitrate a dispute between them in
connection with the City annexing certain property served by the
Authority.  The complaint also sought a declaration that in the event
the City prevails the Authority would not be entitled to prosecute a
suit to condemn and re-acquire the facilities in question.  The Trial
Judge found in favor of the City on both issues and the Authority
appeals.  We affirm in part and vacate in part.

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

IN RE: ESTATE OF VIVIAN K. McSWAIN

Court:TCA

Attorneys:    

Thomas F. Bloom, Nashville, Tennessee, for the appellant, Robert L.
Poe.

Larry Edmondson and Phillip Kirk, Nashville, Tennessee, for the
appellees, the beneficiaries of the Estate of Vivian K. McSwain.

Judge: SUSANO

First Paragraph:

Robert L. Poe, in his capacity as the executor of the Estate of Vivian
K. McSwain, filed a motion to set his fee and expenses.  Following a
bench trial on the executor's motion, the trial court awarded the
executor $20,000.  The executor appeals, arguing that the award is
inadequate.  We affirm.

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

CITY OF SEVIERVILLE v. BILL GREEN, et al.

Court:TCA

Attorneys:

Linda J. Hamilton Mowles, Knoxville, Tennessee, for the Appellant,
City of Sevierville

Robert L. Ogle, Sevierville, Tennessee, for the Appellees, Bill Green,
Claudine Green, Dallas Coffman, and Jean Coffman                      

Judge: GOODARD

First Paragraph:

This appeal from the Sevier County Circuit Court questions whether the
Trial Court erred in awarding landowners compensation for incidental
damages to their property because the City of Sevierville changed the
frontage access to their property from unlimited access to restricted
access.  We affirm the judgment of the Trial Court.

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

OMAWALI  ASHANTI  SHABAZZ, a/k/a FRED EDMOND DEAN 
v. GREELEY WELLS, et al.

Court:TCA

Attorneys:

Omawali Ashanti Shabazz, a/k/a Fred Edmond Dean, Pro Se

Paul G. Summers, Attorney General & Reporter, Michael E. Moore,
Solicitor General, and Michael A. Meyer, Assistant Attorney General,
Nashville, Tennessee, for the Appellees

Judge: GODDARD

First Paragraph:

In this suit, wherein Omawali Ashanti Shabazz, a/k/a, Fred Edmond
Dean, seeks to acquire certain materials held in the office of the
District Attorney General.  The Trial Court denied the relief he
sought because, under Tenn.R.Crim. P. 16, he was not entitled to the
material while a post- conviction proceeding was pending.  We affirm.

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

STATE OF TENNESSEE v. PERRY RAY DAVIS

Court:TCCA

Attorneys:

Jerry H. Summers, Chattanooga, Tennessee, for the appellant, Perry Ray
Davis.

Paul G. Summers, Attorney General & Reporter; Kathy D. Aslinger,
Assistant Attorney General; and Thomas Kimball, Assistant District
Attorney General, for the appellee, the State of Tennessee.                        

Judge: WADE

First Paragraph:

The defendant, Perry Ray Davis, was convicted of driving under the
influence, fourth offense, and driving on a revoked license.  In this
appeal as of right, the defendant challenges his DUI conviction and
asserts (1) that the trial court impermissibly relied on facially
invalid convictions to enhance his conviction to fourth offense DUI;
(2) that because the Georgia DUI statute is not similar to the
Tennessee statute, the trial court should not have used his prior DUI
convictions from Georgia for enhancement purposes; (3) that the
implied consent form used in this case was unconstitutional; and (4)
that the 1995 amendment to the Post-Conviction Procedure Act, see
Tenn. Code Ann. SS 40-30- 201 to-310, rendered invalid the ruling in
State v. McClintock, 732 S.W.2d 268 (Tenn. 1987), which held that the
proper procedure for collateral attack on a prior DUI conviction was
through the Post- Conviction Procedure Act.  The judgment of the trial
court is affirmed

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

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