Opinion Flash

July 18, 2003
Volume 9 — Number 128

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
03 New Opinion(s) from the Tennessee Court of Criminal Appeals
07 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 ANDREWS v. MAINTENANCE AND INDUSTRIAL SERVICES, INC., ET AL.

Court:TSC - Workers Comp Panel

Attorneys:                          

James H. Tucker, Jr., Manier, Herod, Nashville, TN, for the appellant,
Maintenance and Industrial Services, Inc., et al

Robert T. Griffin, Murfreesboro, TN, for the appellee, Randy Andrews

Judge: GRAY

First Paragraph:

This workers' compensation appeal has been referred to the Special
Workers' Compensation Appeals Panel in accordance with Tenn. Code Ann.
S 50-6-225(e)(3) for hearing and reporting to the Supreme Court of
Tennessee for findings of fact and conclusions of law.  In this case,
the employee contends the trial court erred in (1) determining that
the employee's pre-existing right knee arthritic condition was
advanced as a result of a work related accident and was therefore
compensable under the Worker's Compensation Act; (2) awarding fiftee n
(15%) percent vocational disability for employee's right leg; (3)
awarding twenty-eight (28%) percent vocational disability for
employee's left leg. For reasons stated, the panel has concluded that
the judgment of the trial court should be affirmed on all three
issues.

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

CHAD A. HODGE v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

Gregory D. Smith, Clarksville, Tennessee, for the appellant, Chad A.
Hodge.

Paul G. Summers, Attorney General and Reporter; Jennifer L. Bledsoe,
Assistant Attorney General; John W. Carney, Jr., District Attorney
General; and C. Daniel Brollier, Assistant District Attorney General,
for the appellee, State of Tennessee.

Judge: OGLE

First Paragraph:

The petitioner, Chad A. Hodge, filed a petition for post-conviction
relief alleging that his guilty plea to second degree murder was not
knowing and voluntary.  Following an evidentiary hearing, the
post-conviction court denied relief and the petitioner timely
appealed.  Upon review of the record and the parties' briefs, we
conclude the evidence does not preponderate against the
post-conviction court's findings.  Accordingly, we affirm the judgment
of the post-conviction court.

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

STATE OF TENNESSEE v. MICHAEL LYNN HORN

Court:TCCA

Attorneys:                          

H. Marshall Judd, Assistant Public Defender, Cookeville, Tennessee,
for the appellant, Michael Lynn Horn.

Paul G. Summers, Attorney General and Reporter; Kathy D. Aslinger,
Assistant Attorney General; William E. Gibson, District Attorney
General; Terry D. Dycus and Anthony Craighead, Assistant Attorneys
General, for the appellee, State of Tennessee.

Judge: WEDEMEYER

First Paragraph:

The Putnam County Grand Jury indicted the Defendant for theft and
possession of a weapon by a convicted felon.  The trial court severed
the counts, and a jury convicted the Defendant on the weapon charge. 
The trial court sentenced the Defendant to four years incarceration,
to be served consecutively to an unrelated sentence.  The Defendant
now appeals, arguing the following: (1) that insufficient evidence was
presented at trial to support his conviction, (2) that the trial court
erred by failing to instruct the jury on the lesser-included offense
of attempted possession of a weapon by a convicted felon, and (3) that
the trial court improperly sentenced the Defendant, both in length and
by requiring the sentence to be served consecutively to the unrelated
sentence.  Finding no error, we affirm the judgment of the trial
court.

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

STATE OF TENNESSEE v. LEONARD H. STEELE

Court:TCCA

Attorneys:                          

Philip A. Condra, District Public Defender; and David O. McGovern,
Assistant District Public Defender, for the appellant, Leonard H.
Steele.

Paul G. Summers, Attorney General and Reporter; David H. Findley,
Assistant Attorney General; James Michael Taylor, District Attorney
General; and Steven M. Blount, Assistant District Attorney General,
for the appellee, State of Tennessee.

Judge: GLENN

First Paragraph:

The defendant, Leonard H. Steele, pled guilty to driving on a revoked
license, third offense, and was sentenced to eleven months and
twenty-nine days, suspended except for six months in the county jail,
with the balance to be served on supervised probation.  On appeal, he
argues that the trial court erred by denying him jail credit for time
he served in 1998 as a motor vehicle habitual offender (MVHO) in an
unrelated case, even though, unknown to him, his MVHO status had been
withdrawn in 1997.  Following our review, we affirm the judgment of
the trial court.

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

Charter Schools: Student Eligibility to Enroll; Employee Insurance

Date: July 2, 2003

Opinion Number: 03-083                          

http://www.tba.org/tba_files/AG/2003/OP83.pdf

Documentation of Auto Insurance Coverage for Tenn. Code Ann. S
55-12-139

Date: July 2, 2003

Opinion Number: 03-084                        

http://www.tba.org/tba_files/AG/2003/OP84.pdf

Definition of "Course of Employment" for Purposes of Eligibility of
National Guard Members for Benefits Under Tenn. Code Ann. S 58-1-230

Date: July 9, 2003

Opinion Number: 03-085                         

http://www.tba.org/tba_files/AG/2003/OP85.pdf

Election for Smyrna City Court Clerk under 2000 Charter

Date: July 10, 2003

Opinion Number: 03-086                         

http://www.tba.org/tba_files/AG/2003/OP86.pdf

Medical treatment of certain prisoners in county facilities

Date: July 10, 2003

Opinion Number: 03-087                         

http://www.tba.org/tba_files/AG/2003/OP87.pdf

Private Roads

Date: July 15, 2003

Opinion Number: 03-088                         

http://www.tba.org/tba_files/AG/2003/OP88.pdf

Paying Off Campaign Debt

Date: July 15, 2003

Opinion Number: 03-089                         

http://www.tba.org/tba_files/AG/2003/OP89.pdf

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