Opinion Flash

May 19, 2003
Volume 9 — Number 090

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):
01 New Opinion(s) from the Tennessee Supreme Court
01 New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel
01 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
01 New Opinion(s) from the Tennessee Court of Appeals
05 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


	STATE OF TENNESSEE v. PHILIP R. WORKMAN
ORDER WITH DISSENTING OPINION

Court:TSC

First Paragraph:

STATE OF TENNESSEE v. PHILIP R. WORKMAN

http://www.tba.org/tba_files/TSC/workmanrule11_ord.wpd

DISSENTING OPINION
http://www.tba.org/tba_files/TSC/workmanrule11_dis.wpd

ELIZABETH CAMILLA WHITLOW v. MILAN SEATING SYSTEMS, et al.

Court:TSC - Workers Comp Panel

Attorneys: 

Jay E. DeGroot, Jackson, Tennessee, for the appellant, Elizabeth
Camilla Whitlow.

P. Allen Phillips and Jay Dustin King, Jackson, Tennessee, attorneys
for appellees, Milan Seating Systems, assumed name for Intier
Automotive Seating of America, Inc. and American Casualty Company of
Reading, Pennsylvania.                         

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
plaintiff developed bilateral carpal tunnel syndrome arising out of
and in the course of her employment by the defendant.  The trial judge
found the plaintiff had sustained a 10 percent permanent partial
impairment to each arm.  The plaintiff appeals from the judgment of
the trial court and says the trial judge erroneously excluded the
deposition testimony of an orthopedic surgeon and further says the
evidence preponderates in favor of an award in excess of 10 percent to
each arm.  We find the award should be set at 35 percent to each arm.

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

SUPREME COURT OF TENNESSEE
SUPREME COURT DISCRETIONARY APPEALS

Court:TSC - Rules

http://www.tba.org/tba_files/TSC_Rules/certlist_0519.wpd

CONDY O. WILSON v. CHARLSA WILSON

Court:TCA

Attorneys:

Johnny V. Dunaway, LaFollette, Tennessee, for Appellant.

Michael G. Hatmaker, Jacksboro, Tennessee, for Appellee.                          
 
Judge: FRANKS

First Paragraph:

In this divorce case, the husband's issues on appeal are the
distribution of marital property and the allocation of marital assets
and debts made by the Trial Court.  We affirm.

http://www.tba.org/tba_files/TCA/wilsonc.wpd

STATE OF TENNESSEE v. CASEY C. BOYLAN

Court:TCCA

Attorneys:  

Gregory D. Smith, Clarksville, Tennessee (on appeal); and Joe L.
Finley, Jr., Cookeville, Tennessee for the appellant, Casey C. Boylan.

Paul G. Summers, Attorney General and Reporter; Helena Walton
Yarbrough, Assistant Attorney General; William E. Gibson, District
Attorney General; and Gary S. McKenzie, Assistant District Attorney
General, for the appellee, State of Tennessee.                        

Judge: WEDEMEYER

First Paragraph:

A Cumberland County jury convicted the Defendant for possession of a
handgun while under the influence, a Class A misdemeanor.  On appeal,
the Defendant challenges the sufficiency of the convicting evidence. 
Because we conclude that the evidence is sufficient, we affirm the
judgment of the trial court.

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

STATE OF TENNESSEE v. WILLIE LEE DAVIDSON

Court:TCCA

Attorneys:

Edward C. Miller, Public Defender, Dandridge, Tennessee, for
appellant, Willie Lee Davidson.

Paul G. Summers, Attorney General & Reporter; Angele M. Gregory,
Assistant Attorney General;  Al Schmutzer, Jr., District Attorney
General; and Steve Hawkins, Assistant District Attorney General, for
appellee, State of Tennessee.                          

Judge: SMITH

First Paragraph:

The appellant, Willie Lee Davidson, pled guilty to the offenses of
hindering a secured creditor and the sale of cocaine.  As part of the
plea agreement the appellant agreed to a sentence of two years for the
former offense and three years for the latter.  By agreement the
sentences were to run concurrently, with the manner of service to be
left to the trial court.  The trial court denied any form of
alternative service of the appellant's effective three-year sentence
and ordered the appellant to serve his sentence in incarceration. 
From this decision the appellant brings this appeal.  After reviewing
the record and applicable authorities, we hold there is no reversible
error in this case.  The judgment of the trial court is therefore
AFFIRMED.

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

CHRISTOPHER A. JOHNSON v. STATE OF TENNESSEE

Court:TCCA

Attorneys: 

Christopher A. Johnson, Chattanooga, Tennessee, pro se.

Paul G. Summers, Attorney General and Reporter; Mark A. Fulks,
Assistant Attorney General; and William H. Cox, III, District Attorney
General, for the appellee, State of Tennessee.                         

Judge: WOODALL

First Paragraph:

In his pro se appeal, Petitioner, Christopher Johnson, seeks to
reverse the trial court's dismissal of  his petition for a writ of
habeas corpus.  In the petition, he contends that his sentence for
second degree burglary has expired.  We affirm the judgment of the
trial court.

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

ROOSEVELT MALONE v. STATE OF TENNESSEE

Court:TCCA

Attorneys:

Roosevelt Malone, Whiteville, Tennessee, pro se.

Paul G. Summers, Attorney General and Reporter; J. Ross Dyer,
Assistant Attorney General; and Randall Eugene Nichols, District
Attorney General, for the appellee, State of Tennessee.                         

Judge: WOODALL

First Paragraph:

Petitioner, Roosevelt Malone, appeals the post-conviction court's
dismissal of his petition for post- conviction relief.  Petitioner
contends that the post-conviction court erred when it failed to
conduct an evidentiary hearing and failed to grant Petitioner
sufficient time to amend his petition.  Upon review of this matter, we
reverse the judgment of the post-conviction court and remand this case
for proceedings consistent with this opinion.

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

STATE OF TENNESSEE v. ROBERT F. SMYTHERS

Court:TCCA

Attorneys:

Charles G. Currier, Knoxville, Tennessee, for the appellant, Robert F.
Smythers.

Paul G. Summers, Attorney General and Reporter; Mark A. Fulks,
Assistant Attorney General; Jerry N. Estes, District Attorney General;
William A. Reedy and Daniel Cole, Assistant District Attorneys
General, for the appellee, State of Tennessee.                          

Judge: WEDEMEYER

First Paragraph:

The Defendant was indicted for first degree premeditated murder and a
Monroe County jury convicted him of the lesser-included offense of
second degree murder.  The trial court sentenced him to twenty years'
incarceration.  In this appeal as of right, the Defendant argues (1)
that he was denied his right to a speedy trial; (2) that the trial
court erred by refusing to allow the defense to question police
officers about the victim's reputation for violence; (3) that the
trial court erred by excluding from evidence an audiotape of a
pretrial statement by witness Casey Miller; and (4) that the trial
court erred in instructing the jury regarding first degree murder and
second degree murder.  After a careful review of the jury instructions
in this case, which fail to define "knowingly," we reverse the
judgment of the trial court and remand for a new trial.

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

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