Opinion Flash

May 28, 2003
Volume 9 — Number 096

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
01	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

LINDA SUE PINKARD v. FINDLAY INDUSTRIES, INC.

Court:TSC - Workers Comp Panel

Attorneys:

Patrick A. Ruth, Nashville, Tennessee, for the appellant, Findlay
Industries, Inc.

William Joseph Butler and Frank D. Farrar, Lafayette, Tennessee, for
the appellee, Linda Sue Pinkard.                         

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 insists (1) the trial court's finding of
permanent partial impairment or disability is contrary to the
preponderance of the evidence, (2) the trial court erred in denying
the employer's request for the appointment of a neutral physician, and
(3) the award of permanent partial disability benefits on the basis of
60 percent to the body as a whole is excessive.  As discussed below,
the panel has concluded the judgment should be affirmed.

http://www.tba.org/tba_files/TSC_WCP/pinkardlinda.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/malonerooseveltcx.wpd

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