Opinion FlashSeptember 15, 2003Volume 9 — Number 168 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 STEPHANIE SANSOM v. LOOKOUT KNITWEAR, LLC, ET AL. Court:TSC - Workers Comp Panel Attorneys: Robert J. Uhorchuk, of Chattanooga, Tennessee, for Appellants, Lookout Knitwear, LLC, and The Hartford Insurance Group. Fred S. Clelland, of Chattanooga, Tennessee, for Appellee, Stephanie Sansom. 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 awarded the employee 60 percent permanent partial disability to her left arm and found her shoulder injury to be compensable but no permanent injury. The judgment is affirmed as to the award of 60 percent disability to the arm and the allowance of temporary total disability benefits; the judgment is reversed as to the shoulder injury and the commutation of periodic benefits; and the judgment allowing reimbursement of medical expenses is modified. http://www.tba.org/tba_files/TSC_WCP/sansoms.wpd SUPREME COURT OF TENNESSEE SUPREME COURT DISCRETIONARY APPEALS Court:TSC - Rules http://www.tba.org/tba_files/TSC_Rules/certlist_0915.wpd SANDRA ANN HENSLEY, ET VIR, CHARLES HENSLEY V. DANIEL SCOKIN, M.D. AND MEMORIAL ANESTHESIOLOGY ASSOCIATES Court:TCA Attorneys: Robert J. Shockey, Nashville, Tennessee, for appellants, Sandra Hensley, et vir, Charles Hensley. C. Bennett Harrison, Jr., and Bryan K. Williams, Nashville, Tennessee, for appellees, Daniel Scokin, M.D. and Memorial Anesthesiology Associates. Judge: KIRBY First Paragraph: This is a medical battery case. The patient was scheduled to undergo a hysterectomy. Because of prior medical problems, she told the anesthesiologist that she needed him to use nasal intubation instead of oral intubation to anesthetize her for the surgery. The anesthesiologist told her that he would use the type of intubation that he thought was best for her. Ultimately, when the hysterectomy was performed, the patient was intubated through an oral pathway. The patient sued the anesthesiologist for medical battery. The anesthesiologist filed a motion for summary judgment. The trial court found that the patient knew that the anesthesiologist might use oral intubation, and that she authorized the procedure both by signing a consent form prior to the surgery and by not stopping the procedure when she became aware that the anesthesiologist might use oral intubation. Consequently, summary judgment was granted in favor of the anesthesiologist. We reverse, finding that a question of material fact exists as to whether the patient authorized the use of oral intubation. http://www.tba.org/tba_files/TCA/hensleysa.wpd STATE OF TENNESSEE v. BARRY LEE ARMISTEAD Court:TCCA Attorneys: William A. Lane, Murfreesboro, Tennessee, for the Appellant, Barry Lee Armistead. Paul G. Summers, Attorney General & Reporter; P. Robin Dixon, Jr., Assistant Attorney General; Victor S. Johnson, District Attorney General; and Sarah Davis, Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: WITT First Paragraph: Barry L. Armistead appeals from the Davidson County Criminal Court's revocation of his probationary sentences. He claims that the lower court erred in revoking probation because the state failed to prove a violation by a preponderance of the evidence. Because we disagree, we affirm the lower court's judgment. http://www.tba.org/tba_files/TCCA/armisteadbarrylee.wpd RONALD JEROME BUTLER v. STATE OF TENNESSEE Court:TCCA Attorneys: Matthew Mayo, Nashville, Tennessee, for the appellant, Ronald Jerome Butler. Paul G. Summers, Attorney General and Reporter; John H. Bledsoe, Assistant Attorney General; Victor S. (Torry) Johnson, III, District Attorney General; and Jon P. Seaborg, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: OGLE First Paragraph: The petitioner, Ronald Jerome Butler, filed a petition for post-conviction relief in the Davidson County Criminal Court, alleging that he received the ineffective assistance of trial counsel. The post-conviction court denied the petition, and the petitioner contests this ruling on appeal. Upon review of the record and the parties' briefs, we affirm the judgment of the post-conviction court. http://www.tba.org/tba_files/TCCA/butlerrj.wpd STATE OF TENNESSEE v. GLEN CHANDLER Court:TCCA Attorneys: F. Shayne Brasfield, Franklin, Tennessee, for the appellant, Glen Chandler. Paul G. Summers, Attorney General & Reporter; David H. Findley, Assistant Attorney General; Ron Davis, District Attorney General; and Michael J. Fahey, II, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: SMITH First Paragraph: The appellant, Glen Chandler, was convicted in a jury trial of the offenses of attempted first degree murder, attempted second degree murder, attempted voluntary manslaughter, and reckless endangerment. He was sentenced to an effective thirty-eight-years, eleven months and twenty-nine days sentence. In this appeal the appellant maintains the State failed to carry its burden of proof on the question of the appellant's sanity. He also argues that the trial court erred in failing to set aside the guilty verdict of attempted first degree murder because the proof established that the appellant was incapable of premeditation. http://www.tba.org/tba_files/TCCA/chandlerglenn.wpd STATE OF TENNESSEE v. BILLY J. COFFELT AND LYLE T. VAN ULZEN Court:TCCA Attorneys: Larry Hoover, Nashville, Tennessee, for the appellant, Billy J. Coffelt. Cynthia F. Burnes, Nashville, Tennessee, for the appellant, Lyle T. Van Ulzen. Paul G. Summers, Attorney General and Reporter; David H. Findley, Assistant Attorney General; Victor S. Johnson, District Attorney General; and Sharon Brox, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WELLES First Paragraph: The Defendants, Billy J. Coffelt and Lyle T. Van Ulzen, were each convicted of one count of felony escape, two counts of aggravated assault, and three counts of especially aggravated kidnapping. The trial court subsequently sentenced both Defendants to life imprisonment without the possibility of parole on each of their especially aggravated kidnapping convictions. The Defendants were each sentenced to two years for their escape convictions, and to six years for each of their aggravated assault convictions. In this direct appeal, both Defendants contend that their convictions for aggravated assault and especially aggravated kidnapping violate due process, relying on State v. Anthony, 817 S.W.2d 299 (Tenn. 1991). Both Defendants also allege error with respect to the trial court's admission of the identification of the felonies for which they were serving time when they escaped, and with respect to their sentences on the kidnapping convictions. Individually, Coffelt challenges the sufficiency of the evidence and the admission of proof concerning two weapons. Coffelt also alleges that the prosecutor's closing argument constituted reversible misconduct. We affirm the Defendants' convictions. We reverse the trial court's finding that the Defendants are repeat violent offenders subject to mandatory sentences of life imprisonment without the possibility of parole, and remand this matter for resentencing on the Defendants' convictions of especially aggravated kidnapping. http://www.tba.org/tba_files/TCCA/coffeltbj.wpd STATE OF TENNESSEE v. LATRECE JONES Court:TCCA Attorneys: Ardena J. Garth, District Public Defender, and Donna Robinson Miller, Assistant District Public Defender, for the appellant, Latrece Jones. Paul G. Summers, Attorney General and Reporter; Thomas E. Williams, III, Assistant Attorney General; William H. Cox, III, District Attorney General; and C. Parke Masterson, Jr., Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WILLIAMS First Paragraph: A jury found the defendant guilty of criminally negligent homicide. The trial court sentenced her as a mitigated offender to .9 years of unsupervised probation. The defendant appeals her conviction and alleges that the trial court erroneously allowed the improper admission of evidence regarding child restraint laws and insufficient evidence to support a conviction. After careful review, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/jonesl.wpd ELBERT M. MARABLE v. STATE OF TENNESSEE Court:TCCA Attorneys: Gregory M. Reed, Murfreesboro, Tennessee, for the Appellant, Elbert M. Marable, Jr. Paul G. Summers, Attorney General and Reporter; Michael Moore, Solicitor General; P. Robin Dixon, Jr., Assistant Attorney General; William C. Whitesell, Jr., District Attorney General, for the Appellee, State of Tennessee. Judge: HAYES First Paragraph: The Appellant, Elbert M. Marable, appeals the dismissal of his petition for post-conviction relief by the Rutherford County Circuit Court. Pursuant to a negotiated plea agreement, Marable pled guilty to aggravated assault and was sentenced to three years in the Department of Correction as a Range I offender. On appeal, Marable presents the following issues for our review: (1) whether his plea was voluntarily and intelligently entered and (2) whether he was denied the effective assistance of counsel. After consideration of the entire record, we conclude that Marable's plea was not voluntarily and intelligently entered. Accordingly, his conviction for aggravated assault is vacated and this case is remanded to the trial court. http://www.tba.org/tba_files/TCCA/marableelbertmjr.wpd STATE OF TENNESSEE v. CHARLES WADE SMITH, III Court:TCCA Attorneys: Lloyd R. Tatum, Henderson, Tennessee (on appeal); and Ricky L. Wood, Parsons, Tennessee (at trial), for the appellant, Charles Wade Smith, III. Paul G. Summers, Attorney General and Reporter; Michael Moore, Solicitor General; Kim R. Helper, Assistant Attorney General; Ronald L. Davis, District Attorney General; and Jeffrey L. Long, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WEDEMEYER First Paragraph: The defendant, Charles Wade Smith, III, was convicted by a Perry County jury of second degree murder for the shooting death of his father. The trial court sentenced the defendant as a violent offender to seventeen years of incarceration. The defendant now appeals contending that: (1) he was deprived of the opportunity to present exculpatory evidence; (2) the trial court erred in not giving a jury instruction regarding the relevance of the Defendant's intoxication to negate his culpable mental state; and (3) the evidence presented is insufficient to support his conviction. Finding no error, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/smithcharles.wpd County's Imposition of "Workplace Privilege Tax" on Non-County Residents Date: September 9, 2003 Opinion Number: 03-114 http://www.tba.org/tba_files/AG/2003/op114.pdf TOSHA's Jurisdiction Under Tenn. Code Ann. S 50-3-409 in Discrimination Complaints Brought by an Employee of a State Department or Agency Date: September 10, 2003 Opinion Number: 03-115 http://www.tba.org/tba_files/AG/2003/op115.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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