Opinion FlashNovember 14, 2003Volume 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):
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 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! GET A FULL-TEXT COPY OF AN OPINION! JOIN THE TENNESSEE BAR ASSOCIATION! SUBSCRIBE TO OPINION FLASH! UNSUBSCRIBE TO OPINION FLASH? ... SURELY NOT! 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