Opinion Flash

December 9, 2002
Volume 8 — Number 215

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
03 New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel
01 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
00 New Opinion(s) from the Tennessee Court of Appeals
04 New Opinion(s) from the Tennessee Court of Criminal Appeals
02 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


HERSHEL WILLARD HILL v. WILSON SPORTING GOODS CO., et al.

Court:TSC - Workers Comp Panel

Attorneys:

Russell D. Hedges, Moore & Hedges, Tullahoma, Tennessee, for the
appellant, Hershel Willard Hill

Edward A. Hadley, Gideon & Wiseman, Nashville, Tennessee, for the
appellees, Wilson Sporting Goods Company and Kemper Insurance Company 
                       
Judge: LOSER

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) (2002 Supp.) for hearing and reporting of findings of
fact and conclusions of law.  The trial court ruled as a matter of law
that the employee's request for reconsideration under Tenn. Code Ann.
S 50-6-241(a)(2) (2001 Supp.) was barred because (1) his initial award
was below the two and one-half times multiplier cap and (2) his
employment was not terminated.  The employee contends that the trial
court erred on both grounds.  As discussed below, the panel has
concluded that S 50-6-241(a)(2) requires neither a capping at two and
one-half times the initial award nor a termination.

http://www.tba.org/tba_files/TSC_WCP/hillhershelw.wpd
								
CHARLES JURICAK v. EXCLUSIVELY TEMPORARY, INC., et al. Court:TSC - Workers Comp Panel Attorneys: Paul G. Summers, Attorney General and Reporter, and E. Blaine Sprouse, Assistant Attorney General, Nashville, Tennessee, for the appellant, James Farmer, Director, Division of Workers' Compensation, Tennessee Department of Labor and Workforce Development, Second Injury Fund B. Keith Williams, Lebanon, Tennessee, for the appellee, Charles Juricak D. Brett Burrow, Brewer, Krause & Brooks, Nashville, Tennessee, for the appellees, Exclusively Temporary, Inc. and Zurich American Insurance Company 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 Second Injury Fund (the fund) questions the competency and sufficiency of a Stipulation of Settlement from another state to permit recovery from the fund. As discussed below, the panel has concluded the judgment should be affirmed. http://www.tba.org/tba_files/TSC_WCP/juricakcharles.wpd
T. V. SWAW v. TRANE UNITARY PRODUCTS COMMERCIAL, A/K/A TRANE CO., et al. Court:TSC - Workers Comp Panel Attorneys: Wm. G. McCaskill, Jr., Taylor, Pigue, Marchetti & McCaskill, Nashville, Tennessee, for the appellants, Trane Unitary Products Commercial a/k/a Trane Company, and Travelers Indemnity Company of Illinois Julia Smith, Clarksville, Tennessee, for the appellee, T. V. Swaw 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 and its insurer question the award of permanent partial disability benefits based on 75 percent to the body as a whole and insist the preponderance of the evidence supports only a lesser award of permanent disability benefits to the left knee. As discussed below, the panel has concluded the judgment should be affirmed. http://www.tba.org/tba_files/TSC_WCP/swawtv.wpd
SUPREME COURT OF TENNESSEE SUPREME COURT DISCRETIONARY APPEALS Court:TSC - Rules http://www.tba.org/tba_files/TSC_Rules/certlist_1209.wpd
IN RE: ALPHA OMEGA BAIL BONDING COMPANY Court:TCCA Attorneys: Charles D. Wright, Memphis, Tennessee, for the appellant, Alpha Omega Bail Bond Company. Paul G. Summers, Attorney General and Reporter; J. Ross Dyer, Assistant Attorney General; William L. Gibbons, District Attorney General; and Kenneth R. Roach, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WELLES First Paragraph: The Appellant, Alpha Omega Bail Bonding Company, is in the business of writing bail bonds. The Appellant was obligated on bonds with AmWest and Far West insurance companies as sureties. Due to the insolvency of AmWest and Far West, the Criminal Court for Shelby County en banc, ordered the Appellant, among others, to appear before the court and present proof that it had sufficient assets to cover its liabilities on the bonds that were insured by AmWest and Far West. After a hearing, the trial court ordered the Appellant to cause to be re-written each bond that it had written that was secured by AmWest or Far West. It is from this order that the Appellant appeals as of right. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/alpha.wpd
JAMES ROBERT CRAWFORD v. STATE OF TENNESSEE Court:TCCA Attorneys: Kevin R. Bryant (on appeal) and Tom Beesley (at trial), Crossville, Tennessee, for the appellant, James Robert Crawford. Paul G. Summers, Attorney General & Reporter; Kim R. Helper, Assistant Attorney General; and Anthony J. Craighead, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WADE First Paragraph: The defendant, indicted on counts of especially aggravated robbery, conspiracy to commit aggravated robbery, theft over $1,000.00, and evading arrest, entered pleas of guilt to aggravated robbery and theft over $1,000.00. The trial court imposed an effective sentence of ten years. There was no appeal. Later, the defendant filed a petition for post-conviction relief and the trial court granted a delayed appeal. The issues presented for our review are as follows: (1) whether the guilty plea was knowingly and voluntarily entered; (2) whether trial counsel was ineffective by failing to file a direct appeal or by failing to timely file a motion to reduce the sentence; (3) whether the trial court properly modified an illegal sentence; and (4) whether the sentence imposed was excessive. The judgment is affirmed. http://www.tba.org/tba_files/TCCA/crawfordjr.wpd
STATE OF TENNESSEE v. PAUL HAYES Court:TCCA Attorneys: William D. Massey, Memphis, Tennessee, for the Appellant, Paul Hayes. Paul G. Summers, Attorney General and Reporter; Michael Moore, Solicitor General; John H. Bledsoe, Assistant Attorney General; William L. Gibbons, District Attorney General; and David Henry and David Pritchard, Assistant District Attorneys General, for the Appellee, State of Tennessee. Judge: HAYES First Paragraph: The Appellant, Paul Hayes, appeals his convictions by a Shelby County jury for aggravated burglary and two counts of aggravated robbery. In this appeal as of right, Hayes raises the following issues for our review: (1) whether the trial court erred by prohibiting defense counsel from addressing the jury during entry of the plea; (2) whether the trial court erred by denying Hayes' motion for a mistrial following a detective's testimony that Hayes was a suspect in uncharged similar crimes; (3) whether the trial court committed plain error by limiting the scope of cross-examination of a co-defendant testifying for the State; (4) whether the evidence was sufficient as a matter of law to support the convictions; and (5) whether the cumulative effect of all errors amounted to a denial of due process of law. After a review of the record, we hold that Hayes' issues are without merit and affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/hayesp.wpd
STATE OF TENNESSEE v. JONATHAN D. ROSENBALM Court:TCCA Attorneys: Steve McEwen, Mountain City, Tennessee (on appeal), and Leslie Hale, Assistant Public Defender (on appeal and at trial), for the appellant, Jonathan D. Rosenbalm. Paul G. Summers, Attorney General & Reporter; Peter M. Coughlan, Assistant Attorney General; and Barry Staubus, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WADE First Paragraph: The defendant, Jonathan D. Rosenbalm, was convicted of one count of rape and one count of incest. See Tenn. Code Ann. SS 39-13-503, 39-15-302. The trial court imposed concurrent sentences of twelve years and six years, respectively. In this appeal of right, the defendant claims that the evidence was insufficient to support the rape conviction and that the state impermissibly asked questions about his failure to make a statement to police. He also argues that the twelve-year sentence for rape was excessive and that the trial court erred by denying alternative sentencing. The judgments of the trial court are affirmed. http://www.tba.org/tba_files/TCCA/rosenbalmj.wpd
State Financial Responsibility for Utility Relocation Date: November 26, 2002 Opinion Number: 02-129 http://www.tba.org/tba_files/AG/2002/OP129.pdf
Use of Drug Forfeitures for Police Training Date: December 2, 2002 Opinion Number: 02-130 http://www.tba.org/tba_files/AG/2002/OP130.pdf

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