Opinion Flash

May 15, 2003
Volume 9 — Number 089

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


RANDY SELBY v. HIGHWAYS, INC.

Court:TSC - Workers Comp Panel

Attorneys:   

John W. Barringer, Jr., of Nashville, Tennessee, for the Appellant,
Highways, Inc.

James P. Smith, of Crossville, Tennessee, for the Appellee, Randy
Selby.

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 on the grounds that it
argues that the medical testimony preponderates against the trial
court's finding that the August 22, 1998, incident was the cause of
the plaintiff's psychological injury, that the trial court erroneously
allowed Dr. John Averitt, a clinical psychologist, to testify on the
issue of permanency and causation, that the trial court erroneously
relied upon the testimony of Dr. Averitt in weighing the medical
expert evidence, and that the trial court erroneously allowed Dr.
Averitt to testify on the issue of maximum medical improvement.  We
affirm the decision of the trial court but modify the judgment as to
the date of the plaintiff's maximum medical improvement.

http://www.tba.org/tba_files/TSC_WCP/selbyrandy.wpd


STATE OF TENNESSEE v. MICHAEL ALLEN CONRAD

Court:TCCA

Attorneys: 

M. Jeffrey Whitt and James A.H. Bell (at hearing on motion to
withdraw), Knoxville, Tennessee, for the appellant, Michael Allen
Conrad.

Paul G. Summers, Attorney General and Reporter; Elizabeth T. Ryan,
Assistant Attorney General; Randall E. Nichols, District Attorney
General; and Patricia A. Cristil, Assistant District Attorney General,
for the appellee, State of Tennessee.

Judge: TIPTON

First Paragraph:

The defendant, Michael Allen Conrad, appeals as of right the Knox
County Criminal Court's denial of his motion to withdraw his guilty
pleas to three counts of attempted statutory rape, a Class A
misdemeanor.  He received the agreed sentences of two consecutive and
one concurrent eleven- month-twenty-nine-day terms on probation.  The
defendant contends that his guilty pleas were involuntary because his
attorney erroneously advised him that he would not have to register
with Tennessee's sexual offender registry.  He argues that had he
known that he was subject to the registry, he would not have pled
guilty but would have gone to trial.  We conclude that the defendant
should be allowed to withdraw his guilty pleas to prevent manifest
injustice.

http://www.tba.org/tba_files/TCCA/conradmichaelallen.wpd


STATE OF TENNESSEE v. MICHAEL ALLEN CONRAD

Court:TCCA

Attorneys: 

Jeffrey Kelly, Johnson City, Tennessee, for the appellant, Phyllis H.
Miller.

Paul G. Summers, Attorney General and Reporter; John H. Bledsoe,
Assistant Attorney General; Joe Crumley, District Attorney General;
and Steve Finney, Assistant District Attorney General, for the
appellee, State of Tennessee.

Judge: WELLES

First Paragraph:

The Defendant, Ronald W. Jenkins, II, pled guilty to reckless
homicide, felony reckless endangerment, and DUI, second offense.  The
Defendant was thereafter sentenced to two years for the homicide, one
year for the reckless endangerment, to be served concurrently, and
eleven months, twenty-nine days for the DUI, to be served
consecutively.  The Defendant's driver's license was also suspended
for a period of two years.  The Defendant's sentences were suspended
after service of 150 days, and he was placed on three years of
probation.  Within a few months of beginning his probationary period,
the Defendant was arrested and convicted of driving on a revoked
license.  A probation violation warrant was filed, a hearing
conducted, and the trial court revoked the Defendant's probation.  The
Defendant now appeals, complaining that the trial court erred in
revoking his probation.  We affirm the judgment of the trial court.

http://www.tba.org/tba_files/TCCA/jenkinsrw.wpd

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