Opinion Flash

August 19, 2003
Volume 9 — Number 150

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
02 New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel
00 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
02 New Opinion(s) from the Tennessee Court of Appeals
03 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


TOMMY CAREY v. CAMDEN CASTINGS CENTER, INC., ET AL.

Court:TSC - Workers Comp Panel

Attorneys:                          

George L. Morrison, III, Jackson, Tennessee, and Mary Dee Allen,
Cookeville, Tennessee, for appellant Tommy Carey.

R. Scott Pietrowski, Jackson, Tennessee, for appellee, Camden Casting
Center, Inc.

E. Blaine Sprouse, Assistant Attorney General, Nashville, Tennessee,
for appellee Second Injury Fund

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. The
trial court found this action barred by the statute of limitations. 
We affirm the trial court.

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

ANGELINA GILLEY v. EXPRESS CHECK ADVANCE, ET AL.

Court:TSC - Workers Comp Panel

Attorneys:                          

Kenneth R. Rudstrom, Memphis, Tennessee and Mildred L. Sabbatini,
Memphis, Tennessee for Appellants, Express Check Advance and Gary
Frazier, d/b/a/Express Check Advance.

Jeffery A. Garrety, Jackson, Tennessee and Joseph R. Taggart, Jackson,
Tennessee, for Appellee, Angelina Gilley.

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.  The
trial court found that the employee was permanently and totally
disabled through age sixty-five as a result of compensable injuries,
including a herniated disk and Post Traumatic Stress Disorder.  In
this appeal, the employer questions the court's findings as to
causation, amount of disability, temporary benefits and medical
benefits.  As discussed below, the panel has concluded the evidence
fails to preponderate against the findings of the trial court. 
Therefore, we affirm the judgment of the trial court.

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

KIM BROWN and PETE PETERSEN o/b/o TODD PETERSEN, deceased v. HAMILTON
COUNTY, TENNESSEE

Court:TCA

Attorneys:                          

Jeffrey W. Rufolo and Thomas Greenholtz, Chattanooga, Tennessee, for
Appellants.

R. Dee Hobbs, Office of Hamilton County Attorney, Chattanooga,
Tennessee, for Appellee.

Judge: FRANKS

First Paragraph:

Action filed pursuant to the Governmental Tort Liability Act was
dismissed on the grounds defendant's acts were planning/discretionary
functions and immune.  Also Public Duty Doctrine barred recovery.  We
reverse and remand.

http://www.tba.org/tba_files/TCA/brownk.wpd

JAMES P. LEA v. LINDA GAYLE LEA

Court:TCA

Attorneys:                          

Mark G. Rothberger, Chattanooga, Tennessee, for Appellant.

Selma Cash Paty, Chattanooga, Tennessee, for Appellee.

Judge: FRANKS

First Paragraph:

Husband asked Trial Court to terminate alimony obligation, and the
amount of alimony was reduced.  On appeal, we affirm, as modified.

http://www.tba.org/tba_files/TCA/leaj.wpd

STATE OF TENNESSEE v. HOWARD B. HIGLEY

Court:TCCA

Attorneys:                          

David W. Wallace and Bryan H. Hoss, Chattanooga, Tennessee (on
appeal); and Lee Davis, Chattanooga, Tennessee (on appeal and at
trial), for the appellant, Howard B. Higley.

Paul G. Summers, Attorney General and Reporter; Peter M. Coughlan,
Assistant Attorney General; William H. Cox, III, District Attorney
General; and Parke Masterson, Assistant District Attorney General, for
the appellee, State of Tennessee.

Judge: WEDEMEYER

First Paragraph:

A Hamilton County jury convicted the Defendant of driving under the
influence (DUI), second offense.  The trial court sentenced the
Defendant to the following: "11 months, 29 days suspended after 6
months day for day (11 months, 29 days suspended probation after the 6
months)."  The trial court also revoked the Defendant's driver's
license for two years, ordered the Defendant to pay a $610 fine, and
ordered the Defendant to avoid alcohol throughout the probation
period.  In addition, the trial court imposed twenty days of community
service to be completed within one year.  The Defendant now appeals,
arguing the following: 1) that the trial court erred by denying the
Defendant's motion to suppress the results of a breathalyser test, 2)
that the trial court erred by limiting the testimony of the
Defendant's accident re-construction expert's testimony about the
Tennessee Department of Transportation's statistics regarding traffic
accidents that occurred at the intersection in question, and 3) that
the trial court abused its discretion by sentencing the Defendant to a
sentence in excess of the maximum sentence available by statute for a
DUI second offense.  Finding no reversible error as concerns the
conviction, we affirm the conviction.  We vacate the sentence and
remand for entry of an amended judgment.

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

RONALD W. RICE v. DAVID MILLS, WARDEN

Court:TCCA

Attorneys:                          

Paul G. Summers, Attorney General and Reporter; Braden H. Boucek,
Assistant Attorney General; Scott McCluen, District Attorney General;
and Frank Harvey, Assistant District Attorney General, for the
appellant, State of Tennessee.

Andrew N. Hall, Wartburg, Tennessee, for the appellee, Ronald W. Rice.

Judge: OGLE

First Paragraph:

The petitioner, Ronald W. Rice, filed in the Morgan County Criminal
Court ("the habeas court") for habeas corpus relief, alleging that he
received an illegal sentence for his conviction for an aggravated rape
which occurred in 1983.  The habeas court granted the petitioner
relief.  On appeal, the State contends that the habeas court erred in
finding that the petitioner was entitled to relief.  Upon review of
the record and the parties' briefs, we reverse the judgment of the
Morgan County Criminal Court, reinstate the petitioner's aggravated
rape conviction, and remand to the Williamson County Criminal Court
("the convicting court") for correction of the judgment of conviction.

http://www.tba.org/tba_files/TCCA/ricerw.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/ritchie.wpd

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