Opinion FlashOctober 18, 2002Volume 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):
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 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 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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