Opinion FlashAugust 18, 2003Volume 9 — Number 149 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 JOHNNY RAY ARNOLD, SR. v. CORRECTIONS CORPORATION OF AMERICA (WHITEVILLE FACILITY) Court:TSC - Workers Comp Panel Attorneys: K. Michelle Booth, Jackson, Tennessee, for appellant, Corrections Corporation of America (Whiteville Facility). George Lee Morrison, III, Jackson Tennessee and Mary Dee Allen, Cookeville, Tennessee, for appellee, Johnny Ray Arnold, Sr. Judge: WALLACE 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. Section 50-6-225(e)(3) for hearing and reporting to the Supreme Court of finding of facts and conclusion of law. The trial court found the plaintiff suffered a 75 percent disability to his body as a whole, and awarded permanent partial disability benefits, the cost of medical treatment, and temporary total disability benefits pursuant to the Workers' Compensation Act of the State of Tennessee. As discussed below, the panel has concluded the evidence does not preponderate against the trial court's findings and we affirm. http://www.tba.org/tba_files/TSC_WCP/arnold.wpd LISA DAVID v. SOARING HIGH SALES Court:TSC - Workers Comp Panel Attorneys: D. Scott Turner and Sean Hunt, Memphis, Tennessee, for the appellant, Soaring High Sales. George L. Morrison III, Jackson, Tennessee, and Mary Dee Allen, Cookeville, Tennessee, for the appellee, Lisa David. Judge: CHILDERS First Paragraph: This workers' compensation appeal has been referred to the Special Workers' Compensation Panel of the Supreme Court in accordance with Tennessee Code Annotated S 50-6-225(e)(3) for a hearing and reporting to the Supreme Court of findings of fact and conclusions of law. In this appeal, the employer contends that the evidence preponderates against the trial court's finding that (1) plaintiff was performing an errand that benefitted the employer at the time of the accident, and (2) that plaintiff suffered permanent partial disability to the body as a whole in the amount of 65%. As discussed below, the panel has concluded the judgment should be affirmed. http://www.tba.org/tba_files/TSC_WCP/david.wpd EDWARD RING v. CHEMETALS, INC. Court:TSC - Workers Comp Panel Attorneys: Charles L. Hicks, Camden, Tennessee, for the appellant, Edward Ring. Sean Antone Hunt, Memphis, Tennessee, for appellee, Chemetal, Inc. Judge: WALLACE First Paragraph: This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with the Tenn. Code Ann. Section 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. Claimant has appealed the trial court's decision awarding 15% permanent partial disability to the body as a whole as being inadequate. Claimant seeks an increase award and particularly urges a finding of total disability benefits. Appellee (hereinafter "Employer") filed in its brief a request for consideration of post-judgment evidence. Employer also requests the panel take judicial notice of active and passive range of motion. As discussed below, the panel has concluded the evidence does not preponderate against the trial court's finding and Employer's request for consideration of post- judgment acquired evidence is denied. Employer's request that the panel take judicial notice of active and passive range of motion is also denied. http://www.tba.org/tba_files/TSC_WCP/ring.wpd ROSIE MAE THOMAS v. MAGNA SEATING SYSTEMS OF AMERICA, INC. a/k/a MILAN SEATING SYSTEMS Court:TSC - Workers Comp Panel Attorneys: P. Allen Phillips, Jackson, Tennessee, for appellant, Magna Seating Systems of America, Inc. d/b/a Milan Seating Systems. Jeffery A. Garrety, Jackson, Tennessee, for appellee, Rosie Mae Thomas. Judge: WALLACE 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. Section 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. In this appeal employer contends that the trial court erred in admitting the testimony of Dr. Joseph C. Boals, III and that the evidence preponderates against the trial court's award of 25% permanent partial disability to the left arm. For reasons stated in this opinion, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TSC_WCP/thomasr.wpd SUPREME COURT OF TENNESSEE SUPREME COURT DISCRETIONARY APPEALS Court:TSC - Rules http://www.tba.org/tba_files/TSC_Rules/certlist_0818.wpd CONSOLIDATED WASTE SYSTEMS, LLC v. SOLID WASTE REGION BOARD OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY, ET AL and METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY, TENNESSEE v. SOLID WASTE DISPOSAL CONTROL BOARD, ET AL. Court:TCA Attorneys: Thomas G. Cross, John L. Kennedy and Daniel W. Champney, Nashville, Tennessee, for the appellant, The Metropolitan Government of Nashville and Davidson County. Joe W. McCaleb, Hendersonville, Tennessee, Frank M. Fly, Murfreesboro, Tennessee, and Thomas F. Bloom, Nashville, Tennessee, for the intervenor/appellant, Sherard Caffey Edington. Thomas G. Cross, Daniel W. Champney and John L. Kennedy, Nashville, Tennessee, for the respondent/appellee, Solid Waste Region Board of The Metropolitan Government of Nashville and Davidson County. James L. Murphy, III, Nashville, Tennessee, for the petitioner/appellee, Consolidated Waste Systems, LLC. Judge: CAIN First Paragraph: This appeal involves two chancery court cases concerning the proper interpretation of Tennessee Code Annotated section 68-211-814. From a decision dismissing their counterclaims, the Metropolitan Government Solid Waste Region Board and Sherard Caffey Edington appeal. From a decision affirming the State's issuance of a Class IV landfill permit, the Metropolitan Government appeals. We affirm. http://www.tba.org/tba_files/TCA/consolidatedwaste.wpd STATE OF TENNESSEE v. STEVEN PAUL DESKINS Court:TCCA Attorneys: Jennifer Lynn Thompson, Nashville, Tennessee, for the appellant, Steven Paul Deskins. Paul G. Summers, Attorney General and Reporter; Christine M. Lapps, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; and Bernard F. McEvoy and Angelita Blackshear Dalton, Assistant District Attorneys General, for the appellee, State of Tennessee. Judge: GLENN First Paragraph: A Davidson County jury convicted the defendant, Steven Paul Deskins, of seven counts of rape of a child and four counts of aggravated sexual battery. The trial court imposed an effective seventy- year sentence. In this appeal, the defendant challenges: (1) the sufficiency of the evidence supporting his convictions; (2) the admissibility of evidence indicating the defendant married his wife when she was seventeen years old; (3) the admissibility of evidence regarding statements the defendant made to his wife during sexual intercourse which were similar to statements allegedly made to the victim; and (4) the imposition of consecutive sentences for three of the convictions. We reverse one of the aggravated sexual battery convictions as being in violation of due process and double jeopardy. Otherwise, we affirm the judgments of the trial court. http://www.tba.org/tba_files/TCCA/deskinssteven.wpd VERNON ELKINS, JR. v. STATE OF TENNESSEE Court:TCCA Attorneys: Dale W. Peterson, Woodbury, Tennessee, for the appellant, Vernon Elkins, Jr. Paul G. Summers, Attorney General and Reporter; Kathy D. Aslinger, Assistant Attorney General; and William C. Whitesell, Jr., District Attorney General, for the appellee, State of Tennessee. Judge: RILEY First Paragraph: The petitioner appeals the denial of post-conviction relief after his second degree murder conviction and argues his trial counsel (1) deprived him of his right to testify, and (2) failed to effectively represent him at trial. We affirm the judgment of the post-conviction court. http://www.tba.org/tba_files/TCCA/elkinsvernon.wpd STATE OF TENNESSEE v. STEPHANIE C. HADLEY Court:TCCA Attorneys: Michael J. Flanagan, Nashville, Tennessee (on appeal); William (Jake) Bradley Lockert, III, District Public Defender; and Christopher L. Young, Assistant District Public Defender (at trial), for the appellant, Stephanie C. Hadley. Paul G. Summers, Attorney General and Reporter; Helena Walton Yarbrough, Assistant Attorney General; Dan M. Alsobrooks, District Attorney General; and Suzanne M. Lockert, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: RILEY First Paragraph: The defendant pled guilty to felony failure to appear. Following a sentencing hearing, the trial court imposed a one-year sentence with ninety days of incarceration followed by probation. The defendant appeals the denial of full probation. We affirm the judgment of the trial court but remand for correction of a clerical error in the judgment. http://www.tba.org/tba_files/TCCA/hadleystephanie.wpd MATTHEW BRUCE HENDERSON v. STATE OF TENNESSEE Court:TCCA Attorneys: Charles E. Walker, Nashville, Tennessee, for the appellant, Matthew Bruce Henderson. Paul G. Summers, Attorney General and Reporter; Elizabeth B. Marney, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; and Roger D. Moore, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: GLENN First Paragraph: The petitioner, Matthew Bruce Henderson, appeals the denial of his petition for post-conviction relief. The petitioner originally entered best interest guilty pleas to two counts each of rape of a child, aggravated sexual battery, and statutory rape, and received an effective sentence of twenty- four years. On appeal, the petitioner contends (1) he received ineffective assistance of counsel in entering his pleas; (2) the trial court erred in failing to hold a competency hearing prior to accepting his pleas; and (3) his guilty pleas were not knowingly and voluntarily entered. Upon review of the record and applicable law, we affirm the judgment of the post-conviction court. http://www.tba.org/tba_files/TCCA/hendersonmatthew.wpd STATE OF TENNESSEE v. BOBBY HOLT, JR. Court:TCCA Attorneys: Richard W. DeBerry, Camden, Tennessee, for the appellant, Bobby Holt, Jr. Paul G. Summers, Attorney General & Reporter; Thomas E. Williams, III, Assistant Attorney General; and John W. Overton, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WADE First Paragraph: The defendant, Bobby Holt, Jr., pled guilty to one count of aggravated burglary, four counts of burglary, three counts of theft over $1000, and one count of theft under $500. The trial court imposed sentences of five years for aggravated burglary, three years on each count of burglary, three years on each count of theft over $1000, and eleven months and twenty-nine days for theft under $500. The sentences were ordered to be served concurrently, for an effective, Range I sentence of five years. In this appeal, the defendant asserts that (1) the trial court erred in the application of enhancement and mitigating factors and (2) that the trial court erred by denying an alternative sentence. The judgments of the trial court are affirmed. http://www.tba.org/tba_files/TCCA/holtb.wpd STATE OF TENNESSEE v. KEVIN SCOTT OLMSTEAD Court:TCCA Attorneys: David L. Raybin (on appeal) and Edward S. Ryan (at hearing), Nashville, Tennessee, for the appellant, Kevin Scott Olmstead. Paul G. Summers, Attorney General and Reporter; Helena Walton Yarbrough, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; and Roger D. Moore, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: RILEY First Paragraph: The defendant, Kevin Scott Olmstead, pled guilty to two counts of aggravated assault. Following a sentencing hearing, the trial court imposed two consecutive five-year sentences. On appeal, the defendant contends his sentences are excessive. We affirm the judgments of the trial court. http://www.tba.org/tba_files/TCCA/olmsteadkevin.wpd BARRY WINFRED RITCHIE v. STATE OF TENNESSEE Court:TCCA Attorneys: Barry Winfred Ritchie, Mountain City, Tennessee, pro se. Paul G. Summers, Attorney General and Reporter; David H. Findley, Assistant Attorney General; and William H. Cox, III, District Attorney General, for the appellee, State of Tennessee. Judge: WOODALL First Paragraph: In a series of steps designed to challenge his 1981 convictions for armed robbery and aggravated rape, Petitioner, Barry Winfred Ritchie, filed various pro se motions including (1) a motion for post- conviction relief and/or writ of error coram nobis, (2) a motion for relief of judgment pursuant to Rule 60.02 of the Tennessee Rules of Civil Procedure, (3) a petition for common law writ of certiorari, and (4) a motion to quash the indictments and correct an illegal sentence. All pleadings are predicated on the same allegation that the Hamilton County Criminal Court lacked territorial jurisdiction to try and convict Petitioner of the charged offenses. Following a careful review of the record, we affirm the judgments of the trial court. http://www.tba.org/tba_files/TCCA/ritchiebarry.wpd 2003 Tenn. Pub. Acts, Ch. 90 - Office Title - County Mayor 2003 Tenn. Pub. Acts, Ch. 90 - Office Title - County Mayor Date: August 13, 2003 Opinion Number: 03-096 http://www.tba.org/tba_files/AG/2003/op96.pdf Applicability of Private Investigators' Licensure Requirements to Attorneys Licensed in Other States Date: August 13, 2003 Opinion Number: 03-097 http://www.tba.org/tba_files/AG/2003/op97.pdf Brian A. Settlement Agreement Level 1 Waiver Provisions Date: August 13, 2003 Opinion Number: 03-098 http://www.tba.org/tba_files/AG/2003/op98.pdf Authority of the State Capitol Commission Date: August 13, 2003 Opinion Number: 03-099 http://www.tba.org/tba_files/AG/2003/op99.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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