Opinion Flash

November 14, 2003
Volume 9 — Number 209

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
01 New Opinion(s) from the Tennessee Court of Appeals
04 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

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.

Do a key word search in the Search Link area of TBALink. This option will allow you to view and save a plain-text version of the opinion.

Browse the Opinion List area of TBALink. This option will allow you to download the original version of the opinion.

Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink


MARIE ANN BURNETT v. WAL-MART STORES, INC.

Court:TSC - Workers Comp Panel

Attorneys:                          

Kevin J. Youngberg, Jackson, Tennessee for the appellant, Wal-Mart

Robert T. Keeton, Jr., Huntingdon, Tennessee, for the appellee, Marie
Ann Burnett

Judge: WALKER

First Paragraph:

This workers' compensation appeal has been referred to the Special
Workers' Compensation Appeals Panel in accordance with Tenn. Code Ann.
Section 50-6-225(e)(3) for hearing and reporting to the Supreme Court
of the finding of fact and conclusions of law.  The only issues
submitted to the trial judge were the extent of the employee's
vocational disability and whether the disability was related to the
accident.  Employer appeals the award of thirty percent permanent
disability to the body for employee's work related accident.  We
affirm.

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

DAVID A. PICKLER, CHAIRMAN, ET AL. v. ELIZABETH DEAN PARR a/k/a BESSIE
DEAN PARR, ET AL.

Court:TCA

Attorneys:                          

Paul G. Summers, Attorney General and Reporter and Stephanie R.
Laffon, Assistant Attorney General, for the Appellee, State of
Tennessee.

Henry L. Klein, Memphis, Tennessee, for the appellees, David A.
Pickler, Chairman, Anne J. Edmiston, Vice Chairman, Joseph A. Clayton,
Virginia R. Harvell, Karen Hill, Ron W. Lollar, and Wyatt Bunker, as
Members of the Shelby County Board of Education and their Successors
in Office.

DeWitt M. Shy, Jr., Memphis, Tennessee and Richard D. Crotteau and
James R. Buckner, Chattanooga, Tennessee for the appellants, Elizabeth
Stratton Parr, William Hampton Parr and William D. Parr, Jr.

William M. Walsh, Memphis, Tennessee, for the appellant, Elizabeth B.
Parr.

James S. Strickland, Jr., Memphis, Tennessee, for the appellant,
Louise Electra Hampton Parr Daniel.

Judge: FARMER

First Paragraph:

This case involves an interlocutory appeal from the trial court's
denial of Respondent's motion to dismiss Petitioner's petition for
condemnation.  We affirm.

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

STATE OF TENNESSEE v. ERNESTO GONSALES

Court:TCCA

Attorneys:                          

Paul G. Summers, Attorney General & Reporter; David H. Findley,
Assistant Attorney General; and Joe Crumley, District Attorney
General, for the appellant, State of Tennessee.

Melinda Meador, Knoxville, Tennessee (on appeal); and Venus Niner,
Johnson City, Tennessee (at trial), for the appellee, Ernesto
Gonsales.

Judge: WADE

First Paragraph:

The defendant, Ernesto Gonsales, pled guilty to one count of
aggravated assault.  After determining that the Immigration and
Naturalization Service (INS) had a detainer out for the defendant, the
trial court modified the defendant's sentence to six years'
unsupervised probation and release to the INS, noting that the
defendant would immediately be deported to Mexico.  In this appeal,
the state  contends that the trial court exceeded its authority by
modifying the terms of the plea bargain agreement.  Because the
initial judgment should not have been altered, the order of
modification is reversed and the cause is remanded to the trial court.

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

STATE OF TENNESSEE v. JOHNNY KEY

Court:TCCA

Attorneys:                          

Robert Wilson Jones, District Public Defender; Mary Kathryn Kent and
Garland Ergueden, Assistant District Public Defenders, for the
appellant, Johnny Key.

Paul G. Summers, Attorney General and Reporter; P. Robin Dixon, Jr.,
Assistant Attorney General; and William L. Gibbons, District Attorney
General, for the appellee, State of Tennessee.

Judge: WILLIAMS

First Paragraph:

The defendant was found guilty of aggravated assault and of being a
felon in possession of a handgun.  He contends on appeal that the
evidence was insufficient to support the conviction for aggravated
assault.  After viewing the evidence in the light most favorable to
the State, we conclude that a rational trier of fact could have found
the essential elements of the crime beyond a reasonable doubt. We
affirm the judgments of the trial court.

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

STATE OF TENNESSEE v. FREDREQUOS DAMON NEAL

Court:TCCA

Attorneys:                          

Didi Christie, Brownsville, Tennessee (on appeal); George Morton
Googe, District Public Defender and Stephen P. Spracher, Assistant
Public Defender (at trial), for the appellant, Fredrequos Damon Neal.

Paul G. Summers, Attorney General and Reporter; J. Ross Dyer,
Assistant Attorney General; James G. Woodall, District Attorney
General; and Jody S. Pickens, Assistant District Attorney General, for
the appellee, State of Tennessee.

Judge: TIPTON

First Paragraph:

The defendant, Fredrequos Damon Neal, was convicted by a Madison
County Circuit Court jury of attempted first degree murder, a Class A
felony.  The trial court sentenced him to twenty-two years as a Range
I, standard offender.  The defendant appeals, claiming that the
evidence is insufficient to support his conviction and that his
sentence is excessive.  We affirm the judgment of the trial court.

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

STATE OF TENNESSEE v. LARRY S. REESE
WITH DISSENTING OPINION

Court:TCCA

Attorneys:                          

Paul G. Summers, Attorney General & Reporter; Angele M. Gregory, Assistant Attorney General; and Ellen Berez, Assistant District Attorney General, for the appellant, State of Tennessee.

Mack Garner, District Public Defender, for the appellee, Larry S. Reese

Judge: WADE

First Paragraph:

The defendant, Larry S. Reese, was found guilty of aggravated assault
based, in part, on the violation of a protective order obtained by the
victim, see Tenn. Code Ann. S 39-13-102(c), and public intoxication,
see Tenn. Code Ann. S 39-17-310.  Upon finding that the order of
protection had not been served on the defendant prior to the assault,
the trial court modified the aggravated assault conviction to simple
assault and ordered a sentence of eleven months, twenty-nine days.  In
this appeal, the state asserts that the trial court erred by reducing
the defendant's conviction to simple assault.  The judgment of the
trial court is affirmed.

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

DISSENTING OPINION
http://www.tba.org/tba_files/TCCA/reeselarrys_dis.wpd

PLEASE FORWARD THIS E-MAIL!
Feel free to forward this Opinion Flash on to anyone you know of with an e-mail address.

GET A FULL-TEXT COPY OF AN OPINION!
See the intrsuctions at the beginning of this edition of Opinion Flash.

JOIN THE TENNESSEE BAR ASSOCIATION!
While Opinion Flash is a free service of the Tennessee Bar Association, you must be a member of the Tennessee Bar Association in order to access the full text of the opinions or enjoy the many other features of TBALink.

To join the TBA go to: http://www.tba.org/join_bar.mgi

SUBSCRIBE TO OPINION FLASH!
Would you like to receive the TBALink Opinion Flash free each day by e-mail? Anyone, whether a TBA member or not, is welcome to subscribe ... it's free! Sign up for text or HTML version.

Visit the TBALink web site at: http://www.tba.org/op-flash.mgi

UNSUBSCRIBE TO OPINION FLASH? ... SURELY NOT!

But if you must, visit the TBALink web site at: http://www.tba.org/op-flash.mgi


HomeContact UsPageFinderWhat's NewHelp
© Copyright 2003 Tennessee Bar Association