Opinion FlashMay 19, 2003Volume 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):
TBA members can get the full-text versions of these opinions three ways detailed below. All methods require a TBA username and password. If you have forgotten your password, you can look it up on-line at http://www.tba.org/getpassword.mgi . If you are a TBA member, but do not have a username and password, you can receive one online at http://www.tba.org/signup.mgi. Here's how you can obtain full-text version. Click the URL at end of each Opinion paragraph below. This option will allow you to download the original document. Howard H. Vogel 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 PLEASE FORWARD THIS E-MAIL! GET A FULL-TEXT COPY OF AN OPINION! JOIN THE TENNESSEE BAR ASSOCIATION! SUBSCRIBE TO OPINION FLASH! UNSUBSCRIBE TO OPINION FLASH? ... SURELY NOT! But if you must, visit the TBALink web site at: http://www.tba.org/op-flash.mgi Home • Contact Us • PageFinder • What's New • Help |
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