Opinion Flash
April 28, 2003
Volume 9 — Number 076
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 |
| 02 |
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 |
| 06 |
New Opinion(s) from the Tennessee Court of Criminal Appeals |
| 00 |
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
KEN RANDALL ALLMON v. WOLF TREE EXPERTS, INC., et al.
Court:TSC - Workers Comp Panel
Attorneys:
Patrick A. Ruth, Nashville, Tennessee, for the appellants, Wolf Tree
Experts, Inc. and Great American Insurance Company.
D. Russell Thomas, Murfreesboro, Tennessee, for the appellee, Ken
Randall Allmon.
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 trial
judge found the plaintiff suffered an injury to both arms which
resulted in a permanent partial impairment of 50 percent to both. The
defendant says the trial court erred in finding the plaintiff suffered
any injury to his right arm and that the award of 50 percent to the
left arm is excessive. We modify and affirm the judgment of the trial
court.
http://www.tba.org/tba_files/TSC_WCP/allmonk.wpd
PHINEAS DORRIS v. AMERICAN LIMESTONE COMPANY, INC.
Court:TSC - Workers Comp Panel
Attorneys:
W. Randall Wilson and Lynda Motes Hill, Chattanooga, Tennessee, for
the appellant, American Limestone Company, Inc.
C. Michael Lawson, Nashville, Tennessee, for the appellee, Phineas
Dorris
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 questions the trial court's findings as to
notice, compensability and extent of vocational disability. As
discussed below, the panel has concluded the evidence fails to
preponderate against the findings of the trial court.
http://www.tba.org/tba_files/TSC_WCP/dorrisphineas.wpd
SUPREME COURT OF TENNESSEE SUPREME COURT DISCRETIONARY APPEALS
Court:TSC - Rules
NO CERT ORDERS FILED THIS WEEK
http://www.tba.org/tba_files/TSC_Rules/certlist_0428.wpd
STATE OF TENNESSEE v. KATRINA A. CALLAHAN
Court:TCCA
Attorneys:
Larry S. Weddington, Bristol, Tennessee, for the Appellant, Katrina A.
Callahan.
Paul G. Summers, Attorney General & Reporter; Angele M. Gregory,
Assistant Attorney General; H. Greeley Wells, Jr., District Attorney
General; and B. Todd Martin, Assistant District Attorney General, for
the Appellee, State of Tennessee.
Judge: WITT
First Paragraph:
The defendant appeals her Sullivan County conviction, pursuant to a
bench trial, of tampering with or fabricating evidence. On appeal,
the defendant challenges only the sufficiency of the convicting
evidence. Because we conclude that the evidence was insufficient to
support the conviction, we reverse the conviction and dismiss the
charge.
http://www.tba.org/tba_files/TCCA/callahankatrinaa.wpd
STATE OF TENNESSEE v. MARCUS TRAMANE GREEN
Court:TCCA
Attorneys:
R. Todd Hansrote, Clarksville, Tennessee, for the appellant, Marcus
Tramane Green.
Paul G. Summers, Attorney General and Reporter; Jennifer L. Bledsoe,
Assistant Attorney General; John Wesley Carney, Jr., District Attorney
General; and C. Daniel Brollier, Jr., Assistant District Attorney
General, for the appellee, State of Tennessee.
Judge: TIPTON
First Paragraph:
The defendant, Marcus Tramane Green, appeals the sentence imposed by
the Montgomery County Circuit Court following his guilty pleas to
especially aggravated robbery, a Class A felony, and aggravated
burglary, a Class C felony. The trial court sentenced him to
respective concurrent terms of seventeen years as a Range I, violent
offender and four and one-half years as a Range I, standard offender
to be served in the Department of Correction. The defendant contends
that his sentences are excessive, arguing that the trial court
misapplied enhancement factors and failed to apply certain mitigating
factors. We affirm the effective seventeen-year sentence imposed by
the trial court.
http://www.tba.org/tba_files/TCCA/greenmarcustramane.wpd
STATE OF TENNESSEE v. GREGORY LANCE
Court:TCCA
Attorneys:
Michael D. Galligan and John P. Partin, McMinnville, Tennessee (on
appeal) and David Neal Brady, District Public Defender; Marshall Judd,
Assistant Public Defender; and John B. Nisbet, III, Assistant Public
Defender, Cookeville, Tennessee (at trial) for the appellant, Gregory
Lance.
Paul G. Summers, Attorney General and Reporter; Kim R. Helper,
Assistant Attorney General; William Edward Gibson, District Attorney
General; David Patterson, Assistant District Attorney General; and
Benn Fann, Assistant District Attorney General, for the appellee,
State of Tennessee.
Judge: WOODALL
First Paragraph:
Defendant, Gregory Lance, appeals his convictions in the Putnam County
Criminal Court for two counts of first degree premeditated murder,
especially aggravated burglary, and arson. For the first degree
murder convictions, the trial court imposed two concurrent sentences
of life imprisonment. For the especially aggravated burglary
conviction and arson conviction, Defendant was sentenced to serve
eight years and three years respectively, to be served concurrently
with his life sentences. In this direct appeal, Defendant argues: (1)
he received ineffective assistance of counsel at trial; (2) the trial
court erred in denying his requested jury instruction regarding
circumstantial evidence; and (3) there was insufficient evidence to
support his convictions. After a careful review of the record, we
affirm the judgment of the trial court.
http://www.tba.org/tba_files/TCCA/lancegregory.wpd
STATE OF TENNESSEE v. SAMMIE DON LOGUE
Court:TCCA
Attorneys:
John S. Colley, III, Columbia, Tennessee, for the appellant, Sammie
Don Logue.
Paul G. Summers, Attorney General and Reporter; Helena Walton
Yarbrough, Assistant Attorney General; T. Michael Bottoms, District
Attorney General; Lawrence R. Nickell, Jr., and Daniel J. Runde,
Assistant District Attorney Generals, for the appellee, State of
Tennessee.
Judge: WEDEMEYER
First Paragraph:
The Maury County Grand Jury indicted the Defendant for selling less
than 0.5 grams of cocaine, and following a trial, a Maury County jury
convicted the Defendant of the casual exchange of a controlled
substance. The trial court sentenced him to eleven months,
twenty-nine days' incarceration and suspended all but forty-five days
of the sentence. On appeal, the Defendant argues that the trial court
erred by refusing to allow him to introduce evidence concerning the
source of the cocaine and by denying him full probation. We find no
error by the trial court and therefore affirm the Defendant's
conviction and sentence.
http://www.tba.org/tba_files/TCCA/loguesd.wpd
STATE OF TENNESSEE v. KEVIN LEE PENNELL
Court:TCCA
Attorneys:
V. Michael Fox, Nashville, Tennessee, for the appellant, Kevin Lee
Pennell.
Paul G. Summers, Attorney General and Reporter; Thomas E. Williams,
III, Assistant Attorney General; Victor S. Johnson, III, District
Attorney General; and Kristen K. Shea, Assistant District Attorney
General, for the appellee, State of Tennessee.
Judge: GLENN
First Paragraph:
The defendant was found in criminal contempt of court for violating a
court order by operating a motor vehicle after his driving privileges
had been lost for one year, and received a ten-day jail sentence. He
raises two issues on appeal: (1) whether a trial judge can revoke a
Tennessee driver's license; and (2) whether he was in contempt for
driving his vehicle the same day and after he had lost his license.
Finding no error, we affirm the judgment of the trial court.
http://www.tba.org/tba_files/TCCA/pennellkevinlee_opn.wpd
STATE OF TENNESSEE v. KEVIN LEE PENNELL
Court:TCCA
WELLES DISSENTING
http://www.tba.org/tba_files/TCCA/pennellkevinlee_dis.wpd
DOCK WALKER v. STATE OF TENNESSEE
Court:TCCA
Attorneys:
Dock Walker, Appellant, Pro Se.
Paul G. Summers, Attorney General and Reporter; David H. Findley,
Assistant Attorney General; and Randall E. Nichols, District Attorney
General, for the Appellee, State of Tennessee.
Judge: WITT
First Paragraph:
Dock Walker appeals from the Knox County Criminal Court's dismissal of
his petition for post- conviction relief. He claims that the court
should not have dismissed the petition without appointing counsel and
affording him the opportunity to amend the petition. He also claims
that based upon due process principles, his petition should not be
barred by the statute of limitations. Because the lower court
properly discerned that the petitioner had not presented a timely
claim for relief, we affirm.
http://www.tba.org/tba_files/TCCA/walkerdock.wpd
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