Opinion Flash

July 15, 2003
Volume 9 — Number 125

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
00 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
04 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

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.

Do a key word search in the Search Link area of TBALink. This option will allow you to view and save a plain-text version of the opinion.

Browse the Opinion List area of TBALink. This option will allow you to download the original version of the opinion.

Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink


PAULA YORK and BRIAN YORK, Appellants, SEVIER COUNTY
Vs.
SEVIER COUNTY AMBULANCE AUTHORITY, ET AL., and BLUE CROSS AND BLUE
SHIELD OF TENNESSEE,
CORRECTION

Court:TSC

Attorneys: 

For the Appellants: Richard T. Wallace,  WALLACE & JONES, Sevierville,
Tennessee
Stephen J. Cox, REISCHLING & AULT, Knoxville, Tennessee
                         
For Appellee, Blue Cross and Blue Shield of Tennessee: Daniel M. Gass,
O'NEIL, PARKER & WILLIAMSON, Knoxville, Tennessee

Judge: VANCE

First Paragraph:

We granted this appeal to decide whether an insured must receive full
compensation for losses, i.e., be "made whole," before an insurer may
receive reimbursement for medical expenses paid on behalf of the
insured.

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

SUPREME COURT OF TENNESSEE
SUPREME COURT DISCRETIONARY APPEALS

Court:TSC - Rules

http://www.tba.org/tba_files/TSC_Rules/certlist_0714.wpd

RANDY CARROLL v. STATE OF TENNESSEE

Court:TCCA

Attorneys:

Travis Hawkins, Nashville, Tennessee, for the appellant, Randy
Carroll.

Paul G. Summers, Attorney General and Reporter; Christine M. Lapps,
Assistant Attorney General; Ronald L. Davis, District Attorney
General; and Jeffrey L. Long, Assistant District Attorney General, for
the appellee, State of Tennessee.

Judge: GLENN

First Paragraph:

The petitioner appeals the denial of his petition for post-conviction
relief from his convictions for six counts of sexual battery and one
count of aggravated sexual battery, arguing that the post- conviction
court erred in finding he received the effective assistance of counsel
and in failing to address as plain error the trial court's erroneous
jury instructions on aggravated sexual battery.  Following our review,
we affirm the post-conviction court's denial of the petition for post-
conviction relief.

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

STATE OF TENNESSEE v. EUEL FRANKLIN LOCKHART

Court:TCCA

Attorneys:

Terry J. Leonard, Camden, Tennessee, for the appellant, Euel Franklin
Lockhart.

Paul G. Summers, Attorney General & Reporter; John H. Bledsoe,
Assistant Attorney General; Eleanor Cahill, Assistant District
Attorney General, for the appellee, State of Tennessee.

Judge: WADE

First Paragraph:

The defendant, Euel Franklin Lockhart, pled guilty to possession of
less than .5 grams of methamphetamine with the intent to distribute, a
Class C felony.  See Tenn. Code Ann. S 39-17-417.  Pursuant to
Tennessee Rule of Criminal Procedure 37, the defendant reserved as a
certified question of law the issue of whether the trial court erred
by denying his motion to suppress.  The judgment of the trial court is
affirmed.

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

STATE OF TENNESSEE v. WILLIAM BRIAN ROBINSON

Court:TCCA

Attorneys: 

Gregory D. Smith (on appeal), Clarksville, Tennessee; and Robert J.
Turner (at trial), Nashville, Tennessee, for the appellant, William
Brian Robinson.

Paul G. Summers, Attorney General and Reporter; David H. Findley,
Assistant Attorney General; Victor S. Johnson, III, District Attorney
General; Katrin N. Miller and Angelita Dalton, Assistant District
Attorneys General, for the appellee, State of Tennessee.
                         
Judge: WEDEMEYER

First Paragraph:

The Davidson County Grand Jury indicted the Defendant for first degree
premeditated murder.  A Davidson County jury found the Defendant
guilty as charged, and the trial court sentenced him to life
imprisonment.  The Defendant now appeals, claiming that the evidence
was insufficient as a matter of law to sustain the verdict, and in
particular, that the evidence was insufficient to prove premeditation.
 Finding no error, we affirm the judgment of the trial court.

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

STATE OF TENNESSEE v. ANTONIO T. SEAY

Court:TCCA

Attorneys:

Harry A. Christensen, Lebanon, Tennessee, for the appellant, Antonio
T. Seay.

Paul G. Summers, Attorney General and Reporter; Elizabeth B. Marney,
Assistant Attorney General; Tom P. Thompson, Jr., District Attorney
General; and David E. Durham, Assistant District Attorney General, for
the appellee, State of Tennessee.

Judge: TIPTON

First Paragraph:

The defendant, Antonio T. Seay, pled guilty in the Wilson County
Criminal Court to possession of a weapon by a convicted felon, a Class
E felony, and the trial court sentenced him as a Range I, standard
offender to one year in the Department of Correction.  He appeals upon
certified questions of law from the trial court's denial of his motion
to suppress evidence that was seized pursuant to a stop and frisk. 
See T.R.A.P. 3(b); Tenn. R. Crim. P. 37(b).  He claims that the trial
court should have granted his motion because (1) a federal district
court had granted his motion to suppress in an earlier federal
proceeding and (2) the police lacked reasonable suspicion to stop him.
 We hold that the trial court was not bound by the federal district
court's ruling and affirm the trial court's denial of the motion to
suppress.

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

PLEASE FORWARD THIS E-MAIL!
Feel free to forward this Opinion Flash on to anyone you know of with an e-mail address.

GET A FULL-TEXT COPY OF AN OPINION!
See the intrsuctions at the beginning of this edition of Opinion Flash.

JOIN THE TENNESSEE BAR ASSOCIATION!
While Opinion Flash is a free service of the Tennessee Bar Association, you must be a member of the Tennessee Bar Association in order to access the full text of the opinions or enjoy the many other features of TBALink.

To join the TBA go to: http://www.tba.org/join_bar.mgi

SUBSCRIBE TO OPINION FLASH!
Would you like to receive the TBALink Opinion Flash free each day by e-mail? Anyone, whether a TBA member or not, is welcome to subscribe ... it's free! Sign up for text or HTML version.

Visit the TBALink web site at: http://www.tba.org/op-flash.mgi

UNSUBSCRIBE TO OPINION FLASH? ... SURELY NOT!

But if you must, visit the TBALink web site at: http://www.tba.org/op-flash.mgi


HomeContact UsPageFinderWhat's NewHelp
© Copyright 2003 Tennessee Bar Association