Opinion Flash

August 5, 2002
Volume 8 — Number 135

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
00 New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel
00 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
02 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
 

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


KELLY DEAN and LARA LYNN BRISCO v. NATIONAL UNION FIRE INSURANCE
COMPANY OF PITTSBURGH, PENNSYLVANIA

Court:TCA

Attorneys:

J. Eddie Lauderback and Bradley E. Griffith, Johnson City, Tennessee,
for Appellant.

Jonathan R. Bunn, Gulf Shores, Alabama and David S. Bunn, Norfolk,
Virginia, for Appellee, Kelly Dean.

Mark D. Harris, Kingsport, Tennessee, for Appellee, Lara Lynn Brisco. 
                     
Judge: FRANKS

First Paragraph:

In this declaratory judgment action, the Trial Court held operation of
the company's vehicle by the wife of the employee was covered under
company's insurance policy.  On appeal, we affirm.

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

JACK HUTTER v. ROBERT M. COHEN, and JACK HUTTER v. H. ALLEN BRAY

Court:TCA

Attorneys:

Dail R. Cantrell, Clinton, Tennessee, for Appellant.

R. Franklin Norton and Geoffrey D. Kressin, Knoxville, Tennessee for
Appellees, Robert M. Cohen and H. Allen Bray.

Judge: FRANKS

First Paragraph:

In these actions charging legal malpractice, the Trial Court granted
summary judgment to defendants on the grounds that the defendants'
actions did not deviate from the standard of conduct required of them.
 We affirm.

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

JACK HUTTER v. ROBERT M. COHEN, and JACK HUTTER v. H. ALLEN BRAY

Court:TCA

SUSANO DISSENTING

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

STATE OF TENNESSEE v. LAVAYA DEMOND LEE

Court:TCCA

Attorneys:

John Allen Brooks, Chattanooga, Tennessee, for the Appellant, Lavaya
Demond Lee.

Paul G. Summers, Attorney General & Reporter; Mark A. Fulks, Assistant
Attorney General; William H. Cox, District Attorney General; and
Rodney C. Strong, Assistant District Attorney General, for the
Appellee, State of Tennessee.                       

Judge: WITT

First Paragraph:

The defendant, Lavaya Demond Lee, appeals from his jury convictions of
premeditated first-degree murder, first-degree felony murder, and
especially aggravated robbery in the Hamilton County Circuit Court. 
He received a life sentence for the merged murder conviction and a
consecutive 20- year sentence for especially aggravated robbery.  On
appeal, he complains of evidentiary errors, jury- instruction errors,
and error in imposing consecutive sentences.  We affirm the
convictions; however, we vacate the order imposing consecutive
sentencing and impose the 20-year sentence to run concurrently with
the life sentence.

http://www.tba.org/tba_files/TCCA/leelavayademond.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