Opinion Flash

November 5, 2002
Volume 8 — Number 196

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
02 New Opinion(s) from the Tennessee Court of Criminal Appeals
06 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


MABLE CALHOUN v. QUEBECOR PRINTING, INC.

Court:TSC - Workers Comp Panel

Attorneys: 

Steven H. Trent, of Johnson City, Tennessee, for Appellant, Quebecor
Printing, Inc.

Tony A. Seaton, of Johnson City, Tennessee, for Appellee, Mable
Calhoun.

Judge: BYERS

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
defendant appeals the trial court's decision to award the plaintiff
temporary total disability benefits for the period of May 19, 1999,
through January 5, 2000, and to award fifty-five percent permanent
partial disability to the body as a whole.  We affirm the decision of
the trial court.

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

PATRICIA ANNE RIDGEWAY v. JIMMY CLARKE KIMBALL

Court:TCA

Attorneys:  

Jerrold L. Becker, Knoxville, for the Appellant, Jimmy Clarke Kimball

John P. Valliant, Jr., Knoxville, for the Appellee, Patricia Anne
Ridgeway                        

Judge: GODDARD

First Paragraph:

The sole issue for our review in this divorce case is whether the
Chancellor erred in ordering the Appellant, Jimmy Clarke Kimball
("Husband") to pay alimony in futuro in the amount of $1,000 per month
to the Appellee, Patricia Anne Ridgeway  ("Wife").  We find that the
Chancellor properly considered the applicable statutory factors and
that the evidence does not preponderate against his decision to award
alimony in futuro rather than rehabilitative alimony.  Consequently,
we affirm the Chancellor's judgment.

http://www.tba.org/tba_files/TCA/ridgew.wpd

TONY E. BROWN v. STATE OF TENNESSEE

Court:TCCA

Attorneys:

Cynthia M. Fort, Nashville, Tennessee, for the appellant, Tony E.
Brown.

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

Judge: GLENN

First Paragraph:

The petitioner appeals the denial of his petition for post-conviction
relief, arguing that the post conviction court erred in finding that
he received effective assistance of trial counsel.  We conclude that
the petitioner has failed to meet his burden of demonstrating that his
trial counsel provided ineffective assistance.  Accordingly, we affirm
the denial of the petition for post-conviction relief.

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

STATE OF TENNESSEE v. WAYNE L. HOLT

Court:TCCA

Attorneys:

Bruce Poag, Thompson's Station, Tennessee (on appeal); Ross E.
Alderman, District Public Defender; Wendy Tucker, Assistant Public
Defender; and Jodie Bell, Assistant Public Defender, Nashville,
Tennessee (at trial) for the appellant, Wayne L. Holt.

Paul G. Summers, Attorney General and Reporter; Renee W. Turner,
Assistant Attorney General; Victor S. Johnson, III, District Attorney
General; Dan Hamm, Assistant District Attorney General; and Sharon
Brox, Assistant District Attorney General, for the appellee, State of
Tennessee.

Judge: WOODALL

First Paragraph:

Appellant, Wayne L. Holt, was indicted by the Davidson County Grand
Jury on one count of first degree felony murder, one count of
premeditated first degree murder, and one count of especially
aggravated robbery.  At the close of the State's case-in-chief, the
trial court granted Appellant's motion for judgment of acquittal as to
the count of first degree felony murder and to the count of especially
aggravated robbery, but not as to the remaining count of premeditated
first degree murder.  Appellant was convicted by a jury of his peers
of the lesser-included offense of second degree murder and was
sentenced, as a Range II multiple offender, to thirty (30) years
imprisonment.  In this appeal of right, Appellant raises five (5)
issues for our review.  He contends that the trial court committed
reversible error in: 1) denying Appellant's pretrial motion to
suppress his statement; 2) denying Appellant's motion for judgment of
acquittal as to the count of premeditated first degree murder at the
close of the State's case-in-chief; 3) overruling Appellant's
objection to the State's closing argument; and 4) granting the State's
request for a flight instruction.  He further contends that the
verdict was against the weight of the evidence.  After a thorough
review of the record, we affirm the judgment of the trial court.

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

Local Government Official on State Election Commission

Date: October 22, 2002

Opinion Number:  02-117                        

http://www.tba.org/tba_files/AG/2002/OP117.pdf

Tenn. Code Ann. S 2-7-111 - 100 Foot Boundary - Campaign Free Zone -
Applicability to Adjacent Private Property

Date: October 24, 2002

Opinion Number: 02-118                         

http://www.tba.org/tba_files/AG/2002/OP118.pdf

Restoration of Rights Forms for Handgun Permit Purposes

Date: October 24, 2002

Opinion Number: 02-119                         

http://www.tba.org/tba_files/AG/2002/OP119.pdf

The Offense of Aggravated Perjury and the Related Defense of Retraction

Date: October 28, 2002

Opinion Number: 02-120                          

http://www.tba.org/tba_files/AG/2002/OP120.pdf

Franklin County Civil Service Board Member as Franklin County Election Commission Member

Date: October 30, 2002

Opinion Number: 02-121                         

http://www.tba.org/tba_files/AG/2002/OP121.pdf

Cosmetology Board's authority to terminate contract

Date: November 4, 2002

Opinion Number: 02-122                        

http://www.tba.org/tba_files/AG/2002/OP122.pdf

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