Opinion Flash

September 03, 2003
Volume 9 — Number 160

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
02 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


	ADANA CARTER  v. UTICA MUTUAL INSURANCE COMPANY

Court:TSC - Workers Comp Panel

Attorneys:                          

Bert Bates and Lynn Perry, of Cleveland, Tennessee, for Appellant,
Adana Carter.

Michael D. Newton, of Chattanooga, Tennessee, for Appellee, Utica
Mutual Insurance Company.

Judge: THAYER

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.S 50-6-225(e)(3) for hearing and reporting to the
Supreme Court of findings of fact and conclusions of law.   The trial
court sustained a motion for summary judgment in favor of the employer
and held that the injury did not occur within the course of
employment. The employee contends she was required to make the trip in
question and was on a special mission and that the usual rule of
noncompensability in going to or coming from work did not apply.  The
judgment is reversed as the injury occurred on the return trip which
was a special errand or mission for the benefit of the employer.

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

STATE OF TENNESSEE v. JOHN LEE BELLAMY

Court:TCCA

Attorneys:                          

Julie A. Rice, Knoxville, Tennessee (on appeal), and Stephen M.
Wallace, District Public Defender, and Joseph F. Harrison, Assistant
Public Defender (at trial), for the appellant, John Lee Bellamy.

Paul G. Summers, Attorney General and Reporter; Thomas E. Williams,
III, Assistant Attorney General; H. Greeley Wells, Jr., District
Attorney General; and Joseph Eugene Perrin and James Franklin Goodwin,
Jr., Assistant District Attorneys General, for the appellee, State of
Tennessee.

Judge: TIPTON

First Paragraph:

The defendant, John Lee Bellamy, pled guilty in the Sullivan County
Criminal Court to reckless aggravated assault, a Class D felony;
failure to appear, a Class E felony; driving under the influence,
second offense, and leaving the scene of an accident, Class A
misdemeanors; and driving on a revoked license, second offense, a
Class B misdemeanor.  The trial court sentenced him as a Range I,
standard offender to an effective sentence of four years, eight
months, twenty-nine days.  The defendant appeals the trial court's
ordering him to serve his two-year, nine-month-sentence for the
reckless aggravated assault conviction and consecutive one-year
sentence for the failure to appear conviction in confinement.  He
claims that he should have received alternative sentences or, at most,
sentences of split confinement.  We affirm the judgments of the trial
court.

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

STATE OF TENNESSEE v. GARY S. JOHNSON

Court:TCCA

Attorneys:                          

Edward C. Miller, Dandridge, Tennessee (on appeal); and S. Joanne
Ellis, Newport, Tennessee (at post-conviction hearing), for the
appellant, Gary S. Johnson.

Paul G. Summers, Attorney General and Reporter; Brent C. Cherry,
Assistant Attorney General; William Paul Phillips, District Attorney
General; Jared Effler and Michael O. Ripley, Assistant District
Attorneys General, for the appellee, State of Tennessee.

Judge: WEDEMEYER

First Paragraph:

The Defendant, Gary S. Johnson, pled guilty to vehicular homicide, a
Class B felony, on August 6, 1996.  The trial judge originally
sentenced him to twelve years of house arrest and community
corrections.  The State appealed, and this Court vacated the sentence
because the Defendant was not eligible for community corrections. 
Upon re-sentencing the Defendant was ordered to serve ten years of
incarceration.  The Defendant did not immediately appeal, but filed a
timely Motion for a Modification and/or Reduction of Sentence.  Prior
to the trial court ruling on the motion, the Defendant filed a
Petition for Post Conviction Relief based on ineffective assistance of
counsel.  The trial court denied both the Defendant's motion and the
Petition for Post Conviction Relief on June 12, 2002.  The sole issue
for appeal is whether the trial court erred in denying the Defendant's
Petition for Post Conviction Relief.  Finding no error, we affirm the
judgment of the trial court.

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

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