Opinion FlashOctober 9, 2002Volume 8 — Number 178 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):
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. Howard H. Vogel DON BIRCHFIELD v. HARDWOOD FRAMES OF AMERICA Court:TSC - Workers Comp Panel Attorneys: Jimmy W. Bilbo, of Cleveland, Tennessee, for Appellant, Don Birchfield. Kent T. Jones, of Chattanooga, Tennessee, for Appellee, Hardwood Frames of America. 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 dismissed the complaint finding the action was not filed within the one year period of the statute of limitations. Judgment of the trial court is affirmed. http://www.tba.org/tba_files/TSC_WCP/birchfieldd.wpd CHARLES R. RAPIER v. JONES BLAIR PAINT Court:TSC - Workers Comp Panel Attorneys: Jimmy W. Bilbo, of Cleveland, Tennessee, for Appellant, Charles R. Rapier. David C. Nagle, of Chattanooga, Tennessee, for Appellee, Jones Blair Paint. 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.' 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The trial court dismissed the complaint finding the action was barred by the one year statute of limitations and because plaintiff=s condition was not work-related. Judgment of the trial court is affirmed. http://www.tba.org/tba_files/TSC_WCP/rapierc.wpd DONNIE W. FOULKS v. STATE OF TENNESSEE Court:TCCA Attorneys: Donnie W. Foulks, Mountain City, Tennessee, Pro se. Paul G. Summers, Attorney General and Reporter; Thomas E. Williams, III, Assistant Attorney General; and C. Berkeley Bell, Jr., District Attorney General, for the appellee, State of Tennessee. Judge: MCGEE OGLE First Paragraph: The petitioner, Donnie W. Foulks, appeals the summary dismissal of his petition for post-conviction relief. The post-conviction court, citing Tennessee Code Annotated section 40-30-202(c) (1997), determined that the petitioner had previously filed a petition for post-conviction relief and was therefore precluded from seeking relief in a second proceeding. Concluding that the post-conviction court failed to consider that the petitioner's first post-conviction petition was not resolved on the merits, we reverse the judgment of the post-conviction court and remand for further proceedings. http://www.tba.org/tba_files/TCCA/foulksdw.wpd DAVID ANDREW JACKSON, JR. v. STATE OF TENNESSEE Court:TCCA Attorneys: Albert J. Newman, Jr., Knoxville, Tennessee, for the appellant, David Andrew Jackson, Jr. Paul G. Summers, Attorney General and Reporter; Thomas E. Williams, III, Assistant Attorney General; Randall E. Nichols, District Attorney General; and Leland Price, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: MCGEE OGLE First Paragraph: The petitioner, David Andrew Jackson, Jr., was convicted by a jury in the Criminal Court of Knox County of six counts of aggravated sexual battery, Class B felonies, and two counts of rape of a child, Class A felonies. Prior to sentencing, the petitioner also pled guilty to one pending count of aggravated sexual battery and two pending counts of rape of a child. Pursuant to the plea agreement, the petitioner received an effective sentence of twenty years incarceration in the Tennessee Department of Correction to be served at one hundred percent (100%). The petitioner timely filed for post-conviction relief, alleging ineffective assistance of counsel. The post-conviction court denied his petition. On appeal, the petitioner challenges the post-conviction court's finding that the petitioner received effective assistance of counsel. After reviewing the record and the parties' briefs, we affirm the judgment of the post-conviction court. http://www.tba.org/tba_files/TCCA/jacksondajr.wpd Constable as Neutral and Detached Magistrate Date: October 2, 2002 Opinion Number: 02-109 http://www.tba.org/tba_files/AG/2002/OP109.pdf Change to Utility District Service Area Date: October 7, 2002 Opinion Number: 02-110 http://www.tba.org/tba_files/AG/2002/OP110.pdf Children's Exposure to Environmental Smoke in State Owned or Controlled Property Date: October 7, 2002 Opinion Number: 02-111 http://www.tba.org/tba_files/AG/2002/OP111.pdf PLEASE FORWARD THIS E-MAIL! GET A FULL-TEXT COPY OF AN OPINION! JOIN THE TENNESSEE BAR ASSOCIATION! SUBSCRIBE TO OPINION FLASH! UNSUBSCRIBE TO OPINION FLASH? ... SURELY NOT! But if you must, visit the TBALink web site at: http://www.tba.org/op-flash.mgi Home • Contact Us • PageFinder • What's New • Help |
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