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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