Opinion FlashDecember 4, 2002
Volume 8 Number 212
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
SYLVAIN KINNON v. WAL-MART STORE, INC., et al. Court:TSC - Workers Comp Panel Attorneys: Jay L. Johnson, Jackson, Tennessee, for the appellant, Wal-Mart Stores, Inc. Christopher L. Taylor, Memphis, Tennessee, for the appellee, Sylvain Kinnon Judge: LOSER 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. In this appeal, the employer insists the evidence preponderates against the trial court's findings as to causation, permanency and extent of permanent disability. As discussed below, the panel has concluded the judgment should be affirmed. http://www.tba.org/tba_files/TSC_WCP/kinnon.wpd
JERRY WAYNE MATLOCK v. LTV STEEL, INC. AND INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA Court:TSC - Workers Comp Panel Attorneys: Lori Keen, Memphis, Tennessee, for Appellant. Art D. Wells, Jackson, Tennessee, for Appellee. Judge: GAYDEN First Paragraph: This worker's compensation appeal has been referred to the Special Worker's Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. S 50-6-225(e)(3) for a hearing and reporting to the Supreme Court of findings of fact and conclusions of law. In this appeal, the employer questions the trial court's finding of permanent partial disability for injury to the back, neck and hand. The employer also questions the award of benefits to claimant's right hand for carpel tunnel syndrome, due to the lack of notice of the injury to employer. As discussed below, the panel has concluded the evidence supports the findings of the trial court. http://www.tba.org/tba_files/TSC_WCP/matlock.wpd
DOROTHY RAULT HEIDEMAN v. RICHARD LAWRENCE HEIDEMAN Court:TCA Attorneys: Joe M. Duncan, Memphis, TN, for Appellant Leslie Gattas Coleman, Pounders Coleman, Memphis, TN, for Appellee Judge: HIGHERS First Paragraph: This appeal arises from a divorce initiated by the wife. The trial court granted the wife a divorce based on adultery. The marital property was divided giving the wife approximately 55% or $650,491.00 and giving the husband approximately 45% or $533,731.00. The trial court found that the wife could not be rehabilitated and ordered the husband to pay $2,500.00 per month in alimony in futuro. Additionally, the wife was awarded $15,000.00 in attorney's fees. Husband raises issues regarding the award of alimony in futuro and attorney's fees for our review. For the following reasons, we affirm in part as modified and reverse in part. http://www.tba.org/tba_files/TCA/heideman.wpd
JAMES KILLINGSWORTH, et al. v. TED RUSSELL FORD, INC. Court:TCA Attorneys: George W. Morton, Jr. and J. Myers Morton, Knoxville, Tennessee, for the appellants, James Killingsworth and wife, Kathy Killingsworth. J. Douglas Overbey and Ben M. Rose, Knoxville, Tennessee, for the appellee, Ted Russell Ford, Inc. Judge: SUSANO First Paragraph: This is an action under the Tennessee Consumer Protection Act that arises out of the sale of an SUV. James Killingsworth, and his wife, Kathy Killingsworth ("the purchasers"), sued Ted Russell Ford, Inc. ("the seller"), alleging that the seller failed to advise them about damage to the previously- unowned vehicle sold to the purchasers. At the conclusion of the trial below, the jury returned a verdict in favor of the purchasers, awarding them $2,500. The purchasers then moved for attorney's fees and discretionary costs, which the court granted, but only in the amount of $500. The purchasers appeal, arguing that the fees and expenses awarded by the trial court are unreasonably low. By way of separate issues, the seller argues that the purchasers' second reply brief should be stricken and that the trial court erred in granting any fees and costs to the purchasers. We vacate and remand. http://www.tba.org/tba_files/TCA/kilngswrth.wpd
SAMMY S. BONDS v. STATE OF TENNESSEE Court:TCCA Attorneys: Jeff Mueller, Jackson, Tennessee (on appeal); and Roger Stanfield, Jackson, Tennessee (at guilty plea hearing) for the Appellant, Sammy S. Bonds Paul G. Summers, Attorney General and Reporter; P. Robin Dixon, Jr., Assistant Attorney General; James G. Woodall, District Attorney General; Alfred L. Earls, Assistant District Attorney General; and Jody S. Pickens, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WOODALL First Paragraph: Petitioner, Sammy S. Bonds, appeals the trial court's denial of his petition for post-conviction relief. Petitioner's pro se petition alleges that he received ineffective assistance of counsel. We reject Petitioner's argument and affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/bonds.wpd
STATE OF TENNESSEE v. ADRIAN LUMPKIN Court:TCCA Attorneys: Jerry Stokes, Memphis, Tennessee, for the appellant, Adrian Lumpkin. Paul G. Summers, Attorney General and Reporter; Helena Walton Yarbrough, Assistant Attorney General; William L. Gibbons, District Attorney General; and Stephanie Johnson, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WELLES First Paragraph: The Defendant, Adrian Lumpkin, was indicted for aggravated assault. He pled guilty and agreed to a sentence of three years with the manner of service to be determined by the trial court. After a sentencing hearing, the trial court granted the Defendant judicial diversion subject to several conditions. In this appeal, the Defendant contends that the trial court erred by placing unreasonable conditions on its grant of judicial diversion. We conclude that the trial court had no legal authority to impose a term of incarceration as a condition of judicial diversion. However, with respect to the remaining conditions, we dismiss the Defendant's appeal because a defendant to whom judicial diversion was granted has no appeal as of right. http://www.tba.org/tba_files/TCCA/lumpkina.wpd
BARRY C. MELTON v. STATE OF TENNESSEE Court:TCCA Attorneys: Charles R. Ray (at hearing and on appeal) and Jeffery S. Frensley (on appeal), Nashville, Tennessee, for the appellant, Barry C. Melton. Paul G. Summers, Attorney General and Reporter; Angele M. Gregory, Assistant Attorney General; Al C. Schmutzer, Jr., District Attorney General; and Steven R. Hawkins, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: RILEY First Paragraph: The petitioner appeals the denial of post-conviction relief, arguing: (1) his "best interest" plea was not entered voluntarily and intelligently; and (2) trial counsel was ineffective in representing him at sentencing. We affirm the judgment of the post-conviction court. http://www.tba.org/tba_files/TCCA/meltonb.wpd
RICKY LEE NETHERTON v. STATE OF TENNESSEE Court:TCCA Attorneys: C. Douglas Fields, Crossville, Tennessee, for the appellant, Ricky Lee Netherton. Paul G. Summers, Attorney General and Reporter; Renee W. Turner, Assistant Attorney General; William E. Gibson, District Attorney General; and Anthony J. Craighead, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: MCGEE OGLE First Paragraph: The petitioner, Ricky Lee Netherton, was convicted by a jury in the Criminal Court of Cumberland County of especially aggravated robbery, a Class A felony. The trial court sentenced the petitioner as a violent offender to twenty-four years incarceration in the Tennessee Department of Correction to be served at one hundred percent (100%). Following an unsuccessful appeal of his conviction, the petitioner filed a petition for post-conviction relief, alleging, among other grounds, ineffective assistance of counsel. The petitioner now brings this appeal challenging the post-conviction court's denial of his petition. After reviewing the record and the parties' briefs, we affirm the judgment of the post-conviction court. http://www.tba.org/tba_files/TCCA/netherton.wpd
STATE OF TENNESSEE v. JODY LANE ORR Court:TCCA Attorneys: Charles N. Griffith, Waverly, Tennessee, for the Appellant, Jody Lane Orr. Paul G. Summers, Attorney General and Reporter; Michael Moore, Solicitor General; P. Robin Dixon, Jr., Assistant Attorney General; G. Robert Radford, District Attorney General; and Eleanor Cahill, Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: HAYES First Paragraph: The Appellant, Jody Lane Orr, was convicted by a Carroll County jury of aggravated burglary, aggravated rape, and class E felony theft. He received an effective twenty-five-year sentence. On appeal, Orr raises the following issues for review: (1) whether the trial court erred by denying his motion to suppress; (2) whether the State lost and/or mishandled a blood sample drawn by law enforcement after his arrest; (3) whether the evidence was sufficient to support the verdicts; and (4) whether his sentence was proper. After a review of the record, the judgments of the trial court are affirmed. http://www.tba.org/tba_files/TCCA/orr_opn.wpd
STATE OF TENNESSEE v. JODY LANE ORR Court:TCCA TIPTON CONCURRING http://www.tba.org/tba_files/TCCA/orr_con.wpd
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