Opinion FlashOctober 13, 2003Volume 9 — Number 186 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 KASEY DUNN-LINDSEY v. WAL-MART STORES, INC., D/B/A SAM'S WHOLESALE CLUB, ET AL. Court:TSC - Workers Comp Panel Attorneys: Jay L. Johnson, Allen, Kopet & Associates, Jackson, Tennessee, for the appellants Wal-Mart Stores, Inc. and Insurance Company of the State of Pennsylvania Keith M. Alexander, Taylor, Jones, Alexander & Sorrell, Southaven, Mississippi, for the appellee, Kasey Dunn-Lindsey Judge: LOSER 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. In this appeal, the employer and its insurer insist the trial court erred in assessing a bad faith penalty, awarding attorney's fees and costs and ordering medical expenses paid directly to the injured employee. As discussed below, the panel has concluded the judgment should be affirmed as to the bad faith penalty and award of fees and costs, and remanded to the trial court for further consideration. http://www.tba.org/tba_files/TSC_WCP/dunn.wpd DERREK HARPER v. GULF INSURANCE COMPANY Court:TSC - Workers Comp Panel Attorneys: Carla E. Ryan, Memphis, Tennessee, for the appellant, Derrek Harper William C. Sessions, Shuttleworth, Williams, Harper, Waring & Derrick, Memphis, Tennessee, for the appellee, Gulf Insurance Company Judge: LOSER 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. In this appeal, the injured employee insists the award of permanent partial disability benefits, limited to the medical impairment rating offered by the treating physician, is inadequate and that the trial court erred in failing to award temporary total disability and future medical benefits. As discussed below, the panel has concluded the judgment should be modified by increasing the award of permanent partial disability benefits to one based on all relevant factors established by the proof and by including temporary total and future medical benefits. http://www.tba.org/tba_files/TSC_WCP/harper.wpd KATHERINE ELAINE SONS v. ZURICH AMERICAN GROUP Court:TSC - Workers Comp Panel Attorneys: Joseph H. Crabtree, Jr., Stewart & Wilkinson, Memphis, Tennessee, for the appellant, Katherine Elaine Sons Ronald L. Harper and R. Scott Vincent, Memphis, Tennessee, for the appellee, Zurich American Group Judge: LOSER 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. In this appeal, the employee insists the trial court erred in its application of the successive injury rule and by applying the caps contained in Tenn. Code Ann. S 50-6-241(a) to the medical impairment resulting only from her most recent injury. The employer's insurer insists the evidence preponderates against the trial court's finding that the employee is permanently disabled to any extent. As discussed below, the panel concludes the successive injury rule is inapplicable and the extent of the employee's permanent disability must be determined in accordance with established rules relating to pre-existing conditions. http://www.tba.org/tba_files/TSC_WCP/sons.wpd SUPREME COURT OF TENNESSEE SUPREME COURT DISCRETIONARY APPEALS Court:TSC - Rules http://www.tba.org/tba_files/TSC_Rules/certlist_1013.wpd STATE OF TENNESSEE v. TRAVIS BRONSON, a/k/a TERRY CRUSENBERRY Court:TCCA Attorneys: Julie A. Rice, Contract Appellate Defender (on appeal); Stephen M. Wallace, District Public Defender; and Leslie S. Hale, Assistant Public Defender (at trial), for the appellant, Travis Bronson, a/k/a Terry Crusenberry. Paul G. Summers, Attorney General and Reporter; Renee W. Turner, Assistant Attorney General; H. Greeley Wells, Jr., District Attorney General; and Lewis Combs, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: GLENN First Paragraph: The defendant pled guilty to theft under $500 and was sentenced to eleven months, twenty-nine days in the county jail at zero percent work release eligibility, to be served consecutively to a two-year sentence in a separate case. On appeal, the defendant argues that the trial court erred in denying him probation. Finding no error, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/bronsontravis.wpd LEE ROY GASS v. STATE OF TENNESSEE Court:TCCA Attorneys: Douglas L. Payne, Greenville, Tennessee, for the appellant, Lee Roy Gass. Paul G. Summers, Attorney General and Reporter; Kathy D. Aslinger, Assistant Attorney General; C. Berkeley Bell, Jr., District Attorney General; and James Goodwin, Assistant Attorney General, for the appellee, State of Tennessee. Judge: WILLIAMS First Paragraph: The petitioner appeals from the post-conviction court's denial of his petition for post-conviction relief. He claims he received ineffective assistance of counsel at trial. After careful review, we affirm the post-conviction court's denial of relief. http://www.tba.org/tba_files/TCCA/gasslr.wpd STATE OF TENNESSEE v. WOODROW GIFFORD, JR. and CARL MONK Court:TCCA Attorneys: Larry S. Weddington, Bristol, Tennessee, for the appellant, Woodrow Gifford, Jr., J. Wesley Edens, Bristol, Tennessee, for the appellant, Carl Monk. Paul G. Summers, Attorney General and Reporter; Michael Moore, Solicitor General; Thomas E. Williams, III, Assistant Attorney General; H. Greeley Wells, Jr., District Attorney General; and William Harper, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WEDEMEYER First Paragraph: The Sullivan County grand jury indicted Defendant Woodrow Gifford, Jr. for possession of over 0.5 grams of cocaine, a Schedule II drug, and possession of drug paraphernalia, a Class A misdemeanor. The Sullivan County grand jury indicted Defendant Carl Monk for possession of over 26 grams of cocaine, a Schedule II drug, and possession of drug paraphernalia, a Class A misdemeanor. Following the trial court's denial of the Defendants Motions to Suppress evidence, the Defendants both pled nolo contendere to possession with intent to sell drugs, pursuant to Tennessee Code Annotated Section 39-17-417, and possession of drug paraphernalia, pursuant to Tennessee Code Annotated Section 39-17-425. Both Defendants reserved the right to appeal a certified question of law regarding the trial court's denial of their Motions to Suppress. Finding no error in the trial court's judgment, we affirm. http://www.tba.org/tba_files/TCCA/gifford.wpd STATE OF TENNESSEE v. JEREMY CHRISTOPHER HWANG Court:TCCA Attorneys: Daniel J. Ripper, Chattanooga, Tennessee, for the appellant, Jeremy Christopher Hwang. Paul G. Summers, Attorney General and Reporter; Braden H. Boucek, Assistant Attorney General; William H. Cox, III, District Attorney General; and Rodney C. Strong, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: GLENN First Paragraph: The defendant appeals the trial court's revocation of his probation, arguing that his due process rights were violated because (1) the trial court allowed the State to amend the revocation petition to include as additional grounds his subsequent convictions for theft and criminal impersonation, without providing him prior written notice; and (2) the trial court failed to issue adequate findings of fact in support of its decision. Following our review, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/hwangjeremyc.wpd ANDREW LEE MOATS v. STATE OF TENNESSEE Court:TCCA Attorneys: Albert J. Newman, Jr., Knoxville, Tennessee, for the appellant, Andrew Lee Moats. Paul G. Summers, Attorney General and Reporter; Michael Moore, Solicitor General; Renee W. Turner, Assistant Attorney General; Randall Eugene Nichols, District Attorney General; and Zane Scarlett, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WEDEMEYER First Paragraph: A Knox County jury convicted the Petitioner of first degree murder, and the trial court imposed a life sentence in the Tennessee Department of Correction. On direct appeal, this Court affirmed the conviction, and the Tennessee Supreme Court denied the Defendant's application for permission to appeal. The Petitioner then sought post-conviction relief, alleging that he was denied effective assistance of counsel. Following a hearing, the post-conviction court dismissed the petition, and this appeal ensued. We affirm the trial court's dismissal of the petition. http://www.tba.org/tba_files/TCCA/moatsal.wpd STATE OF TENNESSEE v. SIDNEY JOSEPH OGLE Court:TCCA Attorneys: Mark E. Stephens, District Public Defender, and J. Steven House, Assistant Public Defender, Knoxville, Tennessee, for the appellant, Sidney Joseph Ogle. Paul G. Summers, Attorney General and Reporter; Brent C. Cherry, Assistant Attorney General; Randall E. Nichols, District Attorney General; and Leland L. Price, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: OGLE First Paragraph: The appellant, Sidney Joseph Ogle, pled guilty in the Knox County Criminal Court to aggravated assault. The trial court sentenced the appellant as a Range I standard offender to three years incarceration in the Tennessee Department of Correction. The trial court denied the appellant's request for probation and the appellant timely appealed. Upon review of the record and the parties' briefs, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/oglesj.wpd STATE OF TENNESSEE v. TERRY SCOTT Court:TCCA Attorneys: James W. Brooks, Jr., Wartburg, Tennessee, for the appellant, Terry Scott. Paul G. Summers, Attorney General & Reporter; David H. Findley, Assistant Attorney General; Scott McCluen, District Attorney General; and Frank Harvey, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WADE First Paragraph: The defendant, Terry Scott, was convicted of driving under the influence. See Tenn. Code Ann. S 55-10-401. The trial court ordered a sentence of 11 months, 29 days, with all but four days suspended. In this appeal of right, the defendant contends that the state failed to prove a proper chain of custody for his blood samples and that the evidence was insufficient to support the verdict. The judgment of the trial court is affirmed. http://www.tba.org/tba_files/TCCA/scottterry.wpd STATE OF TENNESSEE v. RODNEY M. SPURGEON Court:TCCA Attorneys: Donald A. Bosch and Andrew S. Roskind, Knoxville, Tennessee (on appeal); and William M. Liebrack, Newport, Tennessee (at trial), for the appellant, Rodney M. Spurgeon. Paul G. Summers, Attorney General & Reporter; Angele M. Gregory, Assistant Attorney General; Al Schmutzer, Jr., District Attorney General; and Steven R. Hawkins, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: SMITH First Paragraph: On May 3, 2002, a Sevier County jury convicted the defendant, Rodney M. Spurgeon, of arson and the burning of personal property. For these offenses the jury levied fines of $10,000 and $2,500, respectively. After denying the defendant's motion for new trial, the trial court sentenced him to ten years for the arson conviction and four years for setting fire to personal property. These convictions are to run concurrently as a Range II offender. The defendant appeals these convictions. His sole argument on appeal is whether unfair prejudice resulted from the trial court's failure to comply with the strict guidelines of Tennessee Rule of Evidence 404(b). We find no reversible error and therefore affirm the convictions. http://www.tba.org/tba_files/TCCA/spurgeonrodney.wpd STATE OF TENNESSEE v. MICHAEL S. STACY Court:TCCA Attorneys: Michael S. Stacy, MTCC-Annex, Nashville, Tennessee, Pro Se. Paul G. Summers, Attorney General and Reporter; David H. Findley, Assistant Attorney General; H. Greeley Wells, Jr., District Attorney General; and Robert H. Montgomery, Jr., Assistant District Attorney General, for the appellee, State of Tennessee. Judge: GLENN First Paragraph: The defendant appeals the trial court's dismissal of his motion for correction of an illegal sentence. Pursuant to a negotiated plea agreement, the defendant entered a nolo contendere plea to a Class B felony and was sentenced by the trial court as a Range I, standard offender to ten years, two years above the presumptive minimum sentence in the range. Subsequently, the defendant filed a pro se motion to correct an illegal sentence, arguing that the trial court violated the requirements of the 1989 Sentencing Reform Act by failing to state enhancement factors to support the increase in his sentence from the presumptive minimum eight-year sentence. The trial court dismissed the motion, and the defendant appealed to this court. Finding no error, we affirm the trial court's dismissal of the defendant's motion to correct illegal sentence. http://www.tba.org/tba_files/TCCA/stacymichaels.wpd 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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