Opinion Flash

October 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):
00 New Opinion(s) from the Tennessee Supreme Court
01 New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel
00 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
01 New Opinion(s) from the Tennessee Court of Appeals
03 New Opinion(s) from the Tennessee Court of Criminal Appeals
01 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


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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