Opinion FlashOctober 22, 2002
Volume 8 Number 186
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):
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Howard H. Vogel
ADVANCED PLATING, INC. v. JAMES A. WHITEHEAD Court:TSC - Workers Comp Panel Attorneys: George Ellis Copple, Jr. and Ramona P. Desalvo, Nashville, Tennessee, for the appellant, James A. Whitehead. David J. Deming, Nashville, Tennessee, for the appellee, Advanced Plating, Inc. Judge: GRAY First Paragraph: This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel in accordance with Tenn. Code Ann. S 50-6-225(e)(3) for hearing and reporting to the Supreme Court of Tennessee for findings of fact and conclusions of law. In this case, the employee contends (1) the trial court erred in awarding permanent partial disability benefits to a scheduled member rather than finding that the employee was and is permanently and totally disabled and (2) the trial court erred in awarding temporary total disability benefits for only 19 weeks. Appellee, Advanced Plating, Inc., counters requesting reversal and dismissal contending that the injury to the employee did not arise out of and in the course and scope of his employment. For reasons stated, the judgment of the trial court is affirmed. http://www.tba.org/tba_files/TSC_WCP/advancedplating.wpd
STANLEY DAVID ALFORD v. PAMELA WARD ALFORD Court:TCA Attorneys: Janice H. Snider, Morristown, Tennessee, for the appellant, Stanley David Alford. Douglas R. Beier, Morristown, Tennessee, for the appellee, Pamela Ward Alford. Judge: SUSANO First Paragraph: In this divorce case, the trial court dissolved a marriage of 21 years and divided the parties' marital property. Stanley David Alford ("Husband") appeals, arguing that the division of property was not equitable and that the trial court erred in requiring him to pay the post-separation debts of his wife, Pamela Ward Alford ("Wife"). By way of a separate issue, Wife contends that the trial court erred in refusing to award retroactive child support. We affirm. http://www.tba.org/tba_files/TCA/alfordsd.wpd
NORMAN MATTHEWS v. STATE OF TENNESSEE Court:TCCA Attorneys: Clifford K. McGown, Jr., Waverly, Tennessee, for the Appellant, Norman Matthews. Paul G. Summers, Attorney General and Reporter; Michael Moore, Solicitor General; Braden H. Boucek, Assistant Attorney General; William L. Gibbons, District Attorney General; and Camille McMullen, Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: HAYES First Paragraph: The Appellant, Norman Matthews, appeals the denial of his petition for post-conviction relief. In March 2000, Matthews pled guilty to burglary of a building and received an eight-year sentence. On appeal, Matthews argues that: (1) it was error for the post-conviction court to allow trial counsel to remain in the courtroom during the evidentiary hearing, despite invocation of "the rule" providing for sequestration of witnesses, and (2) he received ineffective assistance of counsel. After review, we affirm the judgment of the Shelby County Criminal Court. http://www.tba.org/tba_files/TCCA/matthews.wpd
STATE OF TENNESSEE v. JAMES L. PARTIN Court:TCCA Attorneys: Michael G. Hatmaker, Jacksboro, Tennessee for the appellant, James L. Partin. Paul G. Summers, Attorney General and Reporter; Angele M. Gregory, Assistant Attorney General; William Paul Phillips, District Attorney General; Jared Effler, Assistant District Attorney General; and Todd Longmire, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WOODALL First Paragraph: Defendant, James L. Partin, was indicted for the offenses of second degree murder, aggravated assault, three counts of felony reckless endangerment, and unlawful possession of a weapon with intent to use it in the commission of felony reckless endangerment. Pursuant to a negotiated plea agreement, Defendant pled guilty to voluntary manslaughter, a lesser-included offense of second degree murder, and all other charges were dismissed. The plea agreement further provided that the trial court would determine the length and manner of service of Defendant's sentence, with the sole parameter being that he be sentenced as a standard Range I offender. Following a sentencing hearing, the trial court ordered that Defendant serve five years in confinement in the Department of Correction. In this appeal, Defendant contends that the trial court erred in determining the length and manner of service of his sentence. After a thorough review of the sentencing proceeding, we affirm the judgment of the trial court concerning the length of Defendant's sentence. We reverse the trial court's judgment regarding manner of service, however, and order that Defendant serve his sentence on split-confinement. http://www.tba.org/tba_files/TCCA/partinjamesl.wpd
STATE OF TENNESSEE v. WESLEY PICKETT Court:TCCA Attorneys: W. Mark Ward, Assistant Shelby County Public Defender, Memphis, Tennessee, for the Appellant, Wesley Pickett. Paul G. Summers, Attorney General and Reporter; Michael Moore, Solicitor General; Kim R. Helper, Assistant Attorney General; William L. Gibbons, District Attorney General; and Jennifer Nichols, Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: HAYES First Paragraph: The Appellant, Wesley Pickett, appeals the verdict of a Shelby County jury finding him guilty of theft of a motor vehicle valued between one thousand and ten thousand dollars and two counts of vandalism causing damage over five hundred dollars. On appeal, Pickett raises the single issue of whether the evidence is sufficient to support his convictions. After review, we find the evidence sufficient. Accordingly, the judgment is affirmed. http://www.tba.org/tba_files/TCCA/pickettw.wpd
Use of Legislative Office and Staff Date: October 16, 2002 Opinion Number: 02-114 http://www.tba.org/tba_files/AG/2002/OP114.pdf
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