Opinion FlashNovember 5, 2002Volume 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):
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 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 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? ... 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