Opinion Flash

October 18, 2002
Volume 8 — Number 184

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
02 New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel
00 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
00 New Opinion(s) from the Tennessee Court of Appeals
04 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


OLIVIA CONNOR v. CHESTER COUNTY SPORTSWEAR CO.

Court:TSC - Workers Comp Panel

Attorneys: 

William F. Kendall III, Jackson, TN, for the Appellant, Chester County
Sportswear.

Michael A. Jaynes, Jackson, TN, for the Appellee, Olivia Connor.                         

Judge: WALKER

First Paragraph:

This workers' compensation appeal has been referred to the Special
Workers' Compensation Appeals Panel of the Supreme Court in accordance
with Tennessee Code Annotated S 50-6-225(e)(3) for hearing and
reporting of findings of fact and conclusions of law.  The employer
appeals the award of disability benefits to an employee who felt her
knee pop when she stood and twisted to flush the commode while using
the restroom at work.  We reverse.

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

DONALD SISK v. NEXAIR, LLC

Court:TSC - Workers Comp Panel

Attorneys: 

David J. Deming, Nashville, TN, for the Appellant, Nexair, LLC.

Charles S. Kelly, Jr., Dyersburg, TN, for the Appellee, Donald Sisk

Judge: WALKER

First Paragraph:

This workers' compensation appeal has been referred to the Special
Workers' Compensation Appeals Panel of the Supreme Court in accordance
with Tennessee Code Annotated S 50-6- 225(e)(3) for hearing and
reporting of findings of fact and conclusions of law. The employer
appeals the award of permanent disability benefits to an employee. 
Because the existence and extent of a worker's permanent disability
are questions of fact, the trial court is within its discretion to
accept evidence presented by one medical expert over that of another
expert. We affirm.

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

STATE OF TENNESSEE v. RANDY TYRONE CRAWFORD
ORDER

Court:TCCA

Judge: HAYES

First Paragraph:

The Appellant, Randy Tyrone Crawford, appeals from the order of the
Sumner County Criminal Court revoking his probation and ordering him
to serve his sentence in the Department of Correction.  We affirm the
judgment of the trial court pursuant to Rule 20 of the Rules of the
Tennessee Court of Criminal Appeals.

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

STATE OF TENNESSEE v. TIMOTHY WAYNE GRIMES

Court:TCCA

Attorneys: 

Jerred A. Creasy, Charlotte, Tennessee, for the appellant, Timothy
Wayne Grimes.

Paul G. Summers, Attorney General and Reporter; Christine M. Lapps,
Assistant Attorney General; Dan Mitchum Alsobrooks, District Attorney
General; and Suzanne M. Lockert, Assistant District Attorney General,
for the appellee, State of Tennessee.                         

Judge: TIPTON

First Paragraph:

A Dickson County Circuit Court jury convicted the defendant, Timothy
Wayne Grimes, of possession of a Schedule IV controlled substance with
intent to deliver, a Class D felony, and the trial court sentenced him
as a Range III, persistent offender to eight years in a community
corrections program.  The defendant appeals, claiming that the trial
court erred by failing to instruct the jury as to the lesser included
offenses of simple possession and casual exchange.  We conclude that
the trial court erred by failing to instruct the jury regarding simple
possession of the controlled substance.  Although we hold that casual
exchange is not a lesser included offense of possession with intent to
deliver, we also conclude that the trial court should have instructed
the jury regarding the casual exchange inference provided in Tenn.
Code Ann. S 39-17-419.  We reverse the judgment of conviction and
remand the case for a new trial.

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

MICHAEL A. MADDOX v. STATE OF TENNESSEE

Court:TCCA

Attorneys:

Andrew J. Dearing, III, Assistant Public Defender, Shelbyville,
Tennessee, for the appellant, Michael A. Maddox.

Paul G. Summers, Attorney General and Reporter; Helena Walton
Yarbrough, Assistant Attorney General; William Michael McCown,
District Attorney General; and Weakley E. Barnard, Assistant District
Attorney General, for the appellee, State of Tennessee.                          

Judge: WEDEMEYER

First Paragraph:

The Petitioner was found guilty by a jury of five counts of sexual
battery by an authority figure, a Class C felony, and two counts of
aggravated sexual battery, a Class B felony.  The trial court
sentenced the Petitioner to an effective sixteen-year term.  This
Court affirmed the Petitioner's conviction and sentence on direct
appeal.  The Petitioner then filed a petition for post-conviction
relief, which the post-conviction court denied.  The Petitioner now
appeals the denial of post- conviction relief, arguing that his
counsel at trial was ineffective.  Finding no error, we affirm the
judgment of the post-conviction court.

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

STATE OF TENNESSEE v. JAMES DALE WALKER

Court:TCCA

Attorneys: 

George Waters, District Public Defender, Maryville, Tennessee, for the
appellant, James Dale Walker.

Paul G. Summers, Attorney General and Reporter; Mark A. Fulks,
Assistant Attorney General; Mike Flynn, District Attorney General; and
John Bobo, Assistant District Attorney General, for the appellee,
State of Tennessee.

Judge: WELLES

First Paragraph:

The Defendant, James Dale Walker, pled guilty to aggravated sexual
exploitation of a minor, a Class C felony, and sexual exploitation of
a minor, a Class E felony.  Pursuant to the plea agreement, the
Defendant received concurrent sentences of six years and two years,
respectively, with the manner of service to be determined by the trial
court.  Following a sentencing hearing, the trial court denied
alternative sentencing and ordered the Defendant to serve his
effective sentence of six years in the Department of Correction.  It
is from this order that the Defendant now appeals as of right.  We
reverse the trial court's order that the Defendant serve his sentences
in total confinement and remand to the trial court for consideration
of some form of alternative sentence.

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

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