Opinion FlashJuly 18, 2003Volume 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):
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 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 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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