Opinion FlashNovember 18, 2003Volume 9 — Number 211 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 CHARLES R. NEWMAN v. THE CITY OF KNOXVILLE, ET AL. Court:TSC - Workers Comp Panel Attorneys: J. Anthony Farmer, Knoxville, Tennessee, for the appellant, Charles R. Newman James T. Shea IV, Knoxville, Tennessee, for the appellee, the City of Knoxville Paul Summers, Attorney General and Reporter, E. Blaine Sprouse, Assistant Attorney General, for the appellee, Sue Ann Head, Administrator, Workers' Compensation Division, Tennessee Department of Labor, Second Injury Fund. Judge: BYERS 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 granting summary judgment in favor of the employer. As discussed below, the panel has concluded the trial court erred in granting the employer summary judgment. http://www.tba.org/tba_files/TSC_WCP/newmanc.wpd TRACI L. NOLAN v. COVENANT HEALTH Court:TSC - Workers Comp Panel Attorneys: Joseph M. Ford, Loudon, Tennessee, for the appellant, Traci L. Nolan. F. Michael Fitzpatrick, Knoxville, Tennessee, for the appellee, Covenant Health. Judge: BYERS First Paragraph: This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals panel of the Supreme Court in accordance with Tennessee Code Annotated 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 found the plaintiff did not prove that she contracted Hepatitis C while in the course and scope of her employment. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TSC_WCP/nolant.wpd STATE OF TENNESSEE v. JOHN BREWER Court:TCCA Attorneys: Claudia S. Jack, District Public Defender, and Robin Farber, Assistant Public Defender, for the appellant, John Brewer. Paul G. Summers, Attorney General and Reporter; Helena Walton Yarbrough, Assistant Attorney General; T. Michel Bottoms, District Attorney General; and Christi L. Thompson, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: GLENN First Paragraph: The defendant pled guilty to aggravated burglary, theft over $1000, and vandalism and was sentenced to five years probation. Subsequently, after the defendant tested positive for marijuana and his probation officer filed a probation violation report, the trial court revoked his probation following a hearing. The defendant appeals, arguing that the trial court erred in relying upon a laboratory report showing marijuana in his urine because the accompanying affidavit had not been executed by the technician who performed the test but by the assistant laboratory director. Following our review, we affirm the order of the trial court revoking the defendant's probation. http://www.tba.org/tba_files/TCCA/brewerjohn.wpd STATE OF TENNESSEE v. ALBERT G. GASSAWAY Court:TCCA Attorneys: William B. Lockert, III, District Public Defender; and Haylee Bradley, Assistant District Public Defender, for the appellant, Albert G. Gassaway. Paul G. Summers, Attorney General and Reporter; Helena Walton Yarbrough, Assistant Attorney General; Dan M. Alsobrooks, District Attorney General; and Carey J. Thompson, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: GLENN First Paragraph: The defendant, Albert G. Gassaway, appeals his conviction for DUI, second offense. The trial court sentenced the defendant to eleven months, twenty-nine days, with six months to be served in the county workhouse and the remainder on probation, ordered him to pay a $600 fine, and suspended his driving privileges for two years. The defendant appeals, arguing that the evidence was insufficient to support his conviction for DUI, second offense, and that the court erred in imposing more than the minimum sentence. Following our review, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/gassawayalbertg.wpd DENNIS RAY GILLILAND v. STATE OF TENNESSEE Court:TCCA Attorneys: Jerred A. Creasy, Charlotte, Tennessee, for the Appellant, Dennis Ray Gilliland. Paul G. Summers, Attorney General & Reporter; Kim R. Helper, Assistant Attorney General; Dan Mitchum Alsobrooks, District Attorney General; and Suzanne Lockert, Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: WITT First Paragraph: The petitioner, Dennis Gilliland, appeals the Dickson County Circuit Court's denial of his petition for post-conviction relief from his 1996 felony murder conviction. He contends that the trial court erred in failing to instruct the jury on the issue of alibi. He also raises ineffective assistance of counsel because his attorney did not request an alibi instruction, requested the dismissal of the premeditated murder count instead of the felony murder count after the jury returned guilty verdicts on both counts, and did not raise relevant arguments about the jury seeing the petitioner in handcuffs. Last, the petitioner claims that he was denied the right to a fair trial by an impartial jury because the jury was allowed to hear evidence that he had been involved in two other, recent shooting deaths. We affirm the denial of the post-conviction petition. http://www.tba.org/tba_files/TCCA/gillilanddennisr.wpd STATE OF TENNESSEE v. MITCHELL WAYNE HILES Court:TCCA Attorneys: Roger Eric Nell, District Public Defender; Russel A. Church, Assistant Public Defender, Clarksville, Tennessee, for the Appellant, Mitchell Wayne Hiles. Paul G. Summers, Attorney General and Reporter; Michael Moore, Solicitor General; Kathy D. Aslinger, Assistant Attorney General; John Wesley Carney, Jr., District Attorney General; and Arthur F. Bieber, Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: HAYES First Paragraph: The Appellant, Mitchell Wayne Hiles, was convicted of one count of aggravated sexual battery, a class B felony, following a jury trial. The trial court sentenced Hiles to an eight-year sentence in the Department of Correction. On appeal, Hiles raises the single issue of whether the evidence was sufficient to support the verdict. After review of the record, we affirm the conviction. http://www.tba.org/tba_files/TCCA/hilesmitchellw.wpd TAVARES HILL v. STATE OF TENNESSEE Court:TCCA Attorneys: Tavares Hill, Clifton, Tennessee, pro se. Paul G. Summers, Attorney General and Reporter; Brent C. Cherry, Assistant Attorney General; Mike Bottoms, District Attorney General; and Robert C. Sanders, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: OGLE First Paragraph: The appellant, Tavares Hill, appeals the denial of his petition for writ of habeas corpus, which the trial court dismissed as an untimely petition for post-conviction relief. He argues that due process tolled the statute of limitations for post-conviction relief. 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/hilltavares.wpd STATE OF TENNESSEE v. CHRISTIE DIANNE WEBB Court:TCCA Attorneys: Brody N. Kane, Lebanon, Tennessee, for the appellant, Christie Dianne Webb. Paul G. Summers, Attorney General and Reporter; Brent C. Cherry, Assistant Attorney General; Tom P. Thompson, Jr., District Attorney General; and Robert N. Hibbett, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WILLIAMS First Paragraph: The defendant pled guilty to reckless aggravated assault of her three-month-old son and was sentenced to four years in the Tennessee Department of Correction. The trial court incorrectly applied some of the enhancement factors. However, the factors that were correctly applied substantially outweighed any incorrectly applied factors. There were no mitigating factors. The record does not indicate that the sentence was excessive. In light of the defendant's extensive criminal history, the trial court did not err in denying alternative sentencing. http://www.tba.org/tba_files/TCCA/webbcd.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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